Attach_6_-_CLA_Spain_(2009).doc

Attachment #6

Solicitation # FA5613-13-R-0005

2009 COLLECTIVE BARGAINING AGREEMENT – AGILITY FIRST SUPPORT, S.L.

Chapter 1

General Provisions

Article 1.- Territorial Scope of Application The provisions of this Agreement will be binding upon the company AGILITY FIRST SUPPORT, S.L. and its employees, within the territory of the province of Seville. This Agreement could potentially be applied in the future to the above Company and employees in the provinces of Madrid, Zaragoza and Cádiz, if requested by our client (United States Air Force).

Article 2.- Personal Scope of Application

This Collective Bargaining Agreement will apply to the employees of the company AGILITY FIRST SUPPORT, S.L., located at the Morón de la Frontera Air Base (Seville) and other potential workplaces. Nonetheless, these other workplaces are entitled to establish their own agreement if they so decide, in accordance with applicable law. Those individuals whose association with the company is not governed by Spanish Labor Law are expressly excluded from the scope of this Agreement. Also excluded are the employees occupying the following management positions: Utility Manager and Employee Relations Manager.

Article 3.- Term of Agreement

This Agreement will enter into force, independently of its publication in the Official Gazette of the Province of Seville (B.O.P.), upon signature, and will remain in force until December 31st, 2009, after which time it will be tacitly extended for annual periods unless notice is given to the contrary.

Any of the parties to this Agreement will have the authority to cancel it.

The cancellation of this Agreement will be done in writing at least two months prior to the end of its term or of any subsequent annual extension term. However, in order to prevent any legal void, it will be extended in its entirety until a new agreement is in place.

Article 4.- Non-Severability

The provisions agreed upon form part of an indivisible and organic whole and are not severable. For purposes of their practical application, they will be considered in their organic entirety in an annual computation.

Article 5.- Acquired Rights

If employees have more advantageous conditions on an individual basis than those set forth in this Agreement in an annual computation and collectively considered, the employee will retain those conditions, notwithstanding the provisions of Article 6 below.

Article 6.- Absorption and Adjustment The provisions established in this Agreement will, in an annual computation and collectively applied, absorb and compensate for any improvements to working conditions of any kind previously implemented by the company whether due to legal obligation, general or individual legal ruling, judicial ruling, individual contract, custom and usage, voluntary concessions or any other cause.

Having regard to the nature of this Agreement, future legal provisions involving economic variations in all or some of the salary items, provided that they are expressed in monetary terms or affect the number of working hours agreed upon (annually computed) will be of practical effect only when, upon consideration of the annual and total computation, they exceed the amounts established in this Agreement.

Article 7.- Management Rights

AGILITY FIRST SUPPORT, S.L. has the exclusive rights of management, control and leadership of the contract, in all its aspects, in order to carry out the contractual obligations originating from the contract between AFS and the United States Air Force, in accordance with the terms of the Defense Cooperation Agreement between Spain and the United States and any additional supporting agreements, in addition to all the powers granted to this effect by applicable law.

The hiring and promotion of personnel, efficiency control, work organization and methods, as well as work processes and procedures are the exclusive authority of company management, within the limits established by law.

Article 8.- Mixed Joint Committee A joint committee is established under this Agreement, with the functions specified in the following Article.

The committee meetings will be held at least once every six months, or at the request of any of the parties, to consider matters of the utmost urgency and mutual interest. The meetings will be convened by written notification at least five working days prior to the meeting date, with the meeting agenda being included in the notification. The committee members will consist of three employee representatives and three company representatives, respectively appointed from among the parties negotiating this Agreement. The meeting may also be attended by up to two advisors for each of the parties.

One of the committee members will act as Secretary. A Secretary will be appointed for each meeting, from among the employee representatives in the first meeting, from among the company representatives in the next meeting and thus successively alternating.

The committee agreements must be approved by a quorum of four members in order to be valid. The commitee agreements will be binding upon the parties. In the event that an agreement is not reached, a statement will be drafted, within ten days after the meeting, stating the position of each party, and the case may be brought before the corresponding labor or jurisdictional authority.

Article 9.- Functions of the Joint Committee

The functions of the joint committee will be the following:

a) To interpret the application of the entire agreement, including the authority to conciliate in the event of collective disputes.

b) To enforce compliance with the terms of this Agreement.

c) To monitor the development of relations between the parties to this Agreement.

d) Any other activity which may contribute to the greater practical effect of this Bargaining Agreement or which is established herein.

Both parties agree to inform the joint committee regarding any doubts, discrepancies or disputes which may arise as a consequence of the interpretation and application of this Agreement so that the committee may provide the disputing parties with a ruling.

The functions or activities of this joint committee will not in any case obstruct the free exercise of the competent jurisdiction in accordance with applicable law.

Chapter II

Hours of Work and Vacation

Article 10.- Hours of Work

1. General: Annual working hours may not exceed 1,736 hours of actual work, consisting of 40 hours per week, eight hours per day from Monday to Friday computed annually with a one-hour lunch break and two rest breaks of 15 minutes each. The latter will be computed as actual work time.

In regards to the motor vehicle pool work schedule, the hours of work may be changed according to service needs and those of the affected employees. The same will apply to catering services.

2. Shifts: In the case of jobs the nature of which requires them to be offered on a continuous and uninterrupted basis 24 hours a day 7 days a week, management will establish a workshift system. Each shift will have duration of eight hours, with an intermediate rest period of one hour. A continuous work day will consist of 7 actual work hours plus a one-hour intermediate rest period, which will be computed as actual work time.

The shifts will run on a rotating basis. Those jobs subject to a workshift system will be worked five days a week, with the other two being rest days, one of which will be considered as the Sunday rest day, computed for periods of up to four weeks.

3. Part-time employees with a work day of at least five continuous hours will be entitled to a single fifteen-minute break, computed as actual work time.

4. Firefighting service. The work schedule for this service will be the following:

a) Annual average of 56 hours per week, with a 40-hour maximum of actual work, the rest being on-call duty in attendance. The number of annual work hours will not exceed 2,472 hours. A maximum of 1,736 hours will be actual work and the rest will be on call duty in attendance at the firefighting department.

b) Work will be performed in 24-hour shifts, distributed over 9 day-cycles, which amounts to 121 or 122 annual shifts.

5. Between June 15th and September 15th, work hours for employees who do not work shifts may be continuous with a rest period of 30 minutes considered as actual work time. The specific work hours will be approved by management, who will inform the Workers’ Committee to that effect. The company will periodically review the adequacy of the summer work hours to service demand. Every year in the month of March or at any other time in which incompatibility with service demand is identified, management will decide whether to use the summer work schedule, after carefully considering the corresponding consultation with the U.S. Air Force.

6. A different annual work hour distribution may be agreed upon on an individual basis or with the employee representatives.

Article 11.- Vacation

The amount of annual vacation will be 22 work days. Firefighters will have 10 work shifts. The annual vacation period established will be increased by one day for every five years the employee has worked for the company. The date used to determine the number of additional days corresponding to each employee based on the number of years worked at the company, will be the day immediately prior to the beginning of the first corresponding vacation period, if said vacation is taken over more than one period. Vacation may be granted at any time during the year taking into account service needs, and employee preferences when possible.

In order to make the annual vacation period more flexible and to better adapt it to both employee wishes and service demand, vacation may be taken in single days, although all employees have the right to thirty consecutive calendar days of annual vacation, provided that it is compatible with service needs.

All employees will be entitled to at least 10 consecutive working days of annual vacation during the period from June to September, both months included, and 7 days in the case of firefighters, also including both months. In any case, 50% of the positions in each section must be covered at all times by employees on active status, and 75% of the entire staff in the corresponding department will be present at all times, also manned by active-status employees.

At the beginning of each year a vacation schedule will be prepared, which, once approved by management, may not be changed except in duly justified cases.

In the event that during their annual vacation period any employee should have to take leave due to temporary disability, that individual will interrupt their vacation. Notwithstanding, once given medical clearance as applicable, their return to work will take place on the scheduled date and the annual vacation not used due to the temporary disability will be subsequently rescheduled after the rest of the employees have taken their scheduled vacations and in a way that does not interfere with service needs.

The priority for granting annual vacation leave will be based on the following criteria:

1) Vacation will be granted on a rotating basis, so that each year first choice will be given to a different employee in successive order.

2) Employees with family obligations will have priority to use vacation during those periods coinciding with school vacation periods. Employees with family obligations are understood to be those employees who have school-age children, namely, children aged 3 to 14, except for employees with disabled children attending school or boarding school, in which cases the school age factor will not apply.

Individual situations of an exceptional or urgent nature will be taken into consideration as required by such circumstances.

Article 12.- Holidays Holidays will be those specified in the official holiday calendar published in the Spanish Official State Gazette (B.O.E.) and Official Provincial Gazette (B.O.P.). They will be used on their corresponding date. Local holidays will be those of each employee’s place of residence. If any local or national holiday falls on a Saturday, it will be moved to the first working day prior to the holiday date.

Firefighters shall have six holiday shifts. These holidays will be specified in the firefighters’ work schedule.

Article 13.- Paid Leave A) Employees will be entitled to paid leave in the following cases: Marriage. Employees governed by this Agreement will have 20 calendar days of marriage leave.

B) Birth of children.- Six calendar days.

C) Serious illness.- In the event of serious illness--including hospitalization or surgical procedures performed at hospitals--of parents, children, spouses, grandparents, grandchildren, domestic partner appropriately registered as such, parents-in-law and siblings, three calendar days of leave will be granted, which may be extended by one day when it is necessary to travel outside the province of residence. In the case of aunts, uncles, nephews and nieces, two calendar days will be granted. Such leave may be taken at any point during the hospitalization or surgical procedure period and the days need not be consecutive.

D) Serious illness of the above-mentioned family members, on the spouse’s side: Two calendar days.

E) Death of spouse or domestic partner appropriately registered as such.- Seven days if the couple has children under the age of 8, and five calendar days in all other cases.

F) Death. Of children, parents, brothers and sisters, grandparents and grandchildren: Three calendar days. In the case of uncles, aunts, nephews and nieces: two calendar days.

G) Death of the same family members on the employee’s spouse’s side: Two calendar days. When this requires the employee to travel, leave shall be extended by one day for distances of less than 100 kilometers from the place of residence and two days for longer distances.

H) Change of residence: One day for a change in the regular place of residence.

The paid-leave cases above shall be contingent upon proof of the triggering facts.

I) Personal leave: Each employee will be granted fifty-six hours per year for each calendar year, which shall be allocated on a pro rata basis when the time worked is less than a calendar year. All these hours will be considered non-working hours and will not be taken into account in the computation of annual working hours. When the employee is unable to adapt to the transportation offered by the company, transportation costs will be the sole responsibility of the employee.

A written justification will not be required for personal leave, but it shall be requested from the Supervisor in writing or by phone with enough notice—preferably 24 hours--to allow for the absence to be covered without any service disruption in every case. Those requests made by phone will be confirmed by the requesting employee in writing immediately after their return to work, by filling out the official request form. If it were impossible to make such request with enough notice, this impossibility will have to be proven. Personal leave hours may be carried over to the following year by mutual agreement between the company and the employee.

During the leave periods mentioned above, pay shall consist of the following items:

1. Base Salary.

2. Seniority Supplement.

3. Special Responsibility Supplement.

4. Progressive Pay Supplement.

Firefighters will be entitled to 56 hours of personal leave per calendar year, which shall be allocated on a pro rata basis when time worked is less than a calendar year. All these hours will be considered as non-working hours and will not be taken into account in the computation of annual working hours. When the employee is unable to adapt to the transportation offered by the company, transportation costs will be the sole responsibility of the employee.

In all the cases mentioned above, with the exception of marriage and personal leave, leave may be extended with prior justification and at the company’s discretion.

J) Half the staff will be granted a day of paid leave on December 24th. The other half will be granted a day of paid leave on December 31st. Management is responsible for assigning each employee the corresponding day of paid leave. In the event that the above days are official holidays, the corresponding day of leave will be granted on another day. Firefighters who cannot use the day granted will have an additional day of rest that will be established in the same way as vacation or holidays.

Article 14.- Leave of Absence

1. Voluntary Leave of Absence.

Those employees with at least one year of actual service may request voluntary leave of absence for a period of no less than one year and no more than five years. The right to reapply for such leave of absence may only be exercised by the same employee when four years have passed since the end of the previous leave of absence period.

Employees on voluntary leave of absence will be required to expressly request reinstatement through the Human Resources Department at least twenty days prior to terminating the period of leave granted, in the absence of which such employee will forfeit their reinstatement rights. They will only have priority to fill the first vacancy available, following the termination date of the leave of absence period, in the same occupational category or, if they so request it, the category immediately below the one the employee is qualified to fulfill with the rights and obligations corresponding to the latter and preferably with the same working conditions previously enjoyed by the employee.

Time spent on voluntary leave of absence will not be computed for any purpose.

2. Parental leave.

Employees shall be entitled to parental leave of no more than three years to care for each child, whether natural or adopted, calculated as of each child’s date of birth. The same will apply in the case of foster children, whether permanent or pre-adoption, calculated as of the date of the corresponding judicial or administrative decision. Successive children will cause entitlement to a new period of parental leave, which will, if applicable, result in the termination of the period of parental leave previously granted. When the mother and the father both work, only one of them shall be entitled to exercise this right.

The parental leave period will be computed for seniority purposes. The employee will be entitled to attend training courses and will be called to do so by the employer, especially upon their reinstatement.

During the first year after the beginning of each parental leave period, the employee will be entitled to reserve their position; once that period is over, the employee will be entitled to keep their position in the same occupational group or equivalent category. The right to maintain a job position will be applied to the entire leave period if the child is declared disabled.

3. Leave for family care.

Employees will be entitled to a period of leave no longer than three years to care for family members up to the second degree of consanguinity or affinity who, for reasons of old age, accident or illness are unable to look after themselves and do not carry out any paid activity.

When two or more employees are entitled to such leave in relation to the same person, management may limit the simultaneous exercise of such leave for service needs reasons.

If a different individual triggered entitlement to a new leave period, the beginning of said period will result in the termination of the leave period previously granted.

The request for leave shall be submitted at least two months prior to its intended beginning date, except in duly-established emergency cases. Proof will also be required in the form of a disability declaration or a certificate from a Social Security Agency doctor or from the equivalent competent regional body.

When the initial period requested is less than the maximum period established in the first paragraph above, extensions may be requested up to the maximum period allowed. Such extensions will be requested at least one month prior to their effective date and, when applicable, proof will be furnished of the continued circumstances triggering the leave entitlement.

Employees on leave for family care will be entitled to attend training courses and will be invited to do so by the employer. The leave period will be computed for seniority purposes and the employee will be entitled to reserve their position.

The leave period will end:

a. Upon termination of the period granted, with reinstatement into the workforce taking place the day after said termination.

b. When the circumstances triggering the leave cease to exist, in which case reinstatement into the workforce will take place within five working days.

4. Mandatory leave.

This leave will be granted as a consequence of an appointment or election to public office which is incompatible with work attendance, in which case the employee will be entitled to maintain their position and to have the leave period count for seniority purposes. Reinstatement will be requested within one month following termination of public office.

Those employees acting as union representatives at the provincial level or higher may also request leave during the exercise of their representative duties.

Article 15.- Transformation of the employment contract.

The company may change a full-time employment contract to a part-time employment contract at the employee’s request, who will also inform the Workers’ Committee to that effect, provided that the employee adapts to the company transportation service or assumes personal responsibility for it at their own cost.

Employees who transfer to a part-time contract will have priority to fill any full-time vacancies in the same occupational category for which they are fully qualified or a lower occupational category if they so wish. The employee must notify the Human Resources Department in order to exercise this preferential right.

Following an express agreement, the employee will be entitled to return to a full-time working schedule by giving a fifteen-day notice and provided that a part-time employee has been temporarily hired to cover their job during the rest of the working day.

Article 16.- Discontinuous permanent contracts

1. Personnel may be hired on a part-time basis under discontinuous permanent contracts when it is necessary to augment staff for any of the following reasons:

a) Performance of military exercises or maneuvers which cause an increase in the regular activities on the Base.

b) Performance of military operations or support to military operations which cause an increase in the use of Base facilities.

c) Replacement of permanent personnel who are absent due to illness, vacation or any other reason entitling them to maintain their position.

2. For purposes of completing probationary periods, establishing seniority, vacation entitlement, paid leave, or any other purpose, only days of actual work will be taken into account. In the event of services rendered during work days shorter than the regular work day, only the hours of actual work will be taken into account, considering the maximum annual work hours.

3. These employees will be called on a rotating basis, and an effort will be made to ensure an equitable distribution of work among them throughout the year. When necessary, compensatory distributions may be made during periods of more than one year.

Chapter III

Article 17.- Occupational classification

1.- The employee positions under the scope of this Agreement will be classified into the occupational groups and categories defined in Annex I and the following groups, based on their duties and, when appropriate, the qualifications required to fulfill those duties:

1) Management

2) Technicians

3) Non-manual workers

4) Operational staff

5) Firefighter service

2.- Additionally, functional areas will be established to subgroup the above occupational categories into duties that are related by nature to a specific branch or sector within the occupational activity. The definition and composition of these functional areas will be determined by a Joint Committee composed of the undersigned employee representatives and company representatives. Said Committee may also establish new occupational categories and integrate employees into these new categories. The tasks assigned to this Committee must be completed within a year.

Article 18.- Functional mobility 1.- The Company may agree on a change of position for any employee, the sole limitations being those imposed by academic qualification requirements and any other qualification necessary to fulfill the job duties, and membership in the occupational group or a different type of group with analogous functions, with prior notification to the Workers’ Committee.

2.- Functional mobility for the fulfillment of functions that do not correspond with the occupational group will only be possible when there are technical or organizational reasons that justify doing so and only for the necessary period. The assignment of inferior functions must be justified by compelling or unforeseeable needs related to production activity. The Workers’ Committee will be informed of such situations.

3.- Functional mobility will take place with no harm to the employee’s dignity and without hindering their occupational training and promotion, and the employee will be entitled to pay corresponding to the actual duties performed, except in the event of inferior duties, in which case they will maintain their original pay. A complaint for objective dismissal cannot be filed due to incompetence caused by a change in work environment or lack of adaptation when the employee is fulfilling duties that are different from their regular duties due to functional mobility.

4.- When service demand so requires and only for the minimum time necessary, the company may assign employees to fulfill duties that correspond to an occupational category higher than their own and for which they are qualified, for a period no longer than six months over one year or eight months over two years.

If the needs for those extra duties were to continue after those two periods, a permanent position will be created and filled, except when it is evident that the position covering those duties is of a temporary nature. The mere fulfillment of duties corresponding to a higher group or category will never imply a permanent change in salary or position.

5.- The time limitation expressed in the second paragraph of this article will not apply when the employee is fulfilling a position in a higher occupational group or category in order to substitute for another employee who is entitled to keep their position.

Article 19.- Substantial modifications

Permanent changes in duties different to those agreed upon and not included in the situations listed herein will require the parties’ agreement and will be notified to the Workers’ Committee, or will otherwise be subject to the regulations applicable to substantial modifications in the working conditions.

Article 20.- Probationary period

The hiring of new employees will be considered temporary during a probationary period, which will never exceed the terms below:

Qualified technicians: Six months

Non-manual workers: Two months

Operational staff: Two months

Promotions to positions in higher groups or categories will have a two-month probationary period. Promotion to positions that involve supervision of other employees will have a three-month probationary period.

Article 21.- Termination of employment Employees who wish to voluntarily terminate their employment with the company will give at least a seven-day notice to the personnel office, except when the employee is a construction project manager, foreman or a member of the technical or administrative staff, in which case a fifteen-day notice will be given.

Employees in the technical group and employees with managing authority will give the company a thirty-day notice of voluntary termination.

Requests for voluntary termination will always be made in writing with acknowledgement of receipt by the company.

In the event of non-compliance with the advance notice periods determined for each group, the number of working days equivalent to the number of days of delay will be deducted from the severance pay computation.

Article 22.- Overtime

The parties recognize the need to gradually eliminate overtime as a job creation measure and agree to make every effort to move towards its reduction and elimination it to the extent possible.

Overtime refers to the hours worked in excess of the ordinary work hours established in the collective agreement. The amount of overtime may not exceed an annual limit of 80 hours, all of which are obligatory.

Overtime not triggered by work calls during stand-by will be paid in accordance with the amounts expressed in the Annex VI chart for the first 80 hours a year for each employee. Any other overtime, of a voluntary nature, will be compensated with the equivalent time off, that is, one hour of time off for each hour of overtime plus a supplement of 30% of the amounts expressed in Annex VI, payable on the day the compensatory time off is used.

Overtime triggered by work calls during stand-by will be paid in accordance with the amounts expressed in the Annex VI chart for the first 80 hours a year for each employee. Any additional overtime hours triggered by work calls during stand-by will be compensated with the equivalent time off, that is, one hour of time off for each hour of overtime plus a supplement of 30% of the amounts expressed in Annex VI, payable on the day the compensatory time off is used. In the case of overtime triggered by stand-by calls, the stand-by supplement will not be applied.

In any case, the minimum rest period between work days will not be affected.

Work performed by firefighters during attendance hours shall not result in overtime pay unless actual work hours exceed 40 hours per week.

Article 23.- Emergency services

Emergency services include all the tasks necessary to prevent or fix any potential accident or urgent and extraordinary damage or any circumstance affecting the operational efficiency of the Base.

In the event of urgent and compelling needs considered to be emergency services, management is entitled to extend the work hours for those employees who are needed but only to the extent strictly necessary. Any previously foreseeable situation which could have been resolved by a shift change may not be considered an emergency.

The fulfillment of those hours will be obligatory and the employee will choose whether to be paid in accordance with the Annex VI chart or compensated with the equivalent time off for each extra hour worked plus a supplement of 30% of the amounts expressed in Annex VI, payable on the day the compensatory time off is used.

When an employee has tended to an emergency and does not have 12 hours of rest between the end of the emergency and their return to work the following day, their starting time will be delayed by the number of hours necessary to allow for a 12-hour rest period.

Article 24.- Transfer and temporary relocation

1. The transfer of employees to a workplace other than the Morón de la Frontera Air Base will be carried out with the employee’s agreement. For these purposes, the base facilities located at Arahal and Aeromarquer are considered to be part of the Morón Air Base workplace, and therefore do not apply to transfer or temporary relocation.

2. The company may order temporary relocation if it considers it necessary or convenient, either from a service need perspective or for staff training and preparation. These temporary relocations will have a maximum duration of three months each, and there will be an interval of at least one month in between two consecutive temporary relocations.

3. The per diem allowance for temporary relocations will be 41.25 euros per day for all occupational categories.

4. In the case of temporary relocations for training outside Spain, an advance payment will be made in the form of traveller’s cheques at the applicable JTR rates for the US Department of Defense.

5. Routine trips made to Rota, Cádiz, Arahal, etc., or those completed in the same day will not be considered temporary relocations. In those cases, a per diem allowance will not be paid. Instead, an 11.86 euro Single Meal Allowance (“PUC”) will be paid to employees who are outside the Morón Base between 12:00 and 14:00 hours.

Chapter IV Compensation Article 25.- Salary structure This Agreement establishes the following salary structure:

· Base Salary, as expressed in Annex I for each occupational category.

· Salary supplements

Article 26.- Salary payment Wages and salaries will be paid monthly, on the last day of the month in which they are due, or the previous day if the former is a holiday or a Saturday, with mid-month advances.

The company is entitled to pay salaries and advances thereof by cheque, transfer or other transaction methods through a banking institution.

Article 27.- Salary Supplements Salary supplements are those made in addition to the base salary, when applicable, for one or several of the items below:

a) Seniority. The seniority supplement amounts for each occupational category are those included in the Annex I table. The amounts are established based on two two-year periods and on five-year periods from the ending date of the two-year period, with no increase taking place after five five-year periods.

b) Lunch-hour supplement. Those employees required by the company to be on stand-by and available for work or to be present at the workplace during their one-hour lunch break will be compensated with an amount of 3.85 euros for each work day on which their availability is required.

c) Firefighters’ special supplement

1) This supplement compensates firefighting personnel for being in attendance at their work place beyond the regular 40-hour workweek. The amounts are listed in Annex IV. The supplement shall be paid for each complete shift worked, or proportionally to the actual time worked.

2) In case an employee has to work one additional day beyond the scheduled work days, or during additional hours, all of these hours shall be considered as overtime, and the employee shall be entitled to be paid the first eight hours as overtime, and the rest as on-call/in attendance hours. The on-call/in attendance pay amounts are listed in Annex V.

3) Beyond the limit of 80 annual overtime hours reflected in Article 22, the 30% increase will also be applied to on-call/in attendance hours.

4) This supplement shall be paid during the ten vacation shifts (or seniority-based vacation increases), during the 6 holiday shifts, and during paid personal leave, as established under Article 13. This supplement will also be paid in the event of temporary relocation out of the work place, for any reason including training, whether within or outside Spain.

d) Personal Supplements outside the scope of this Agreement. This supplement will be payable to employees in order to compensate them for special duties or other specific agreements (former non-salary bonus).

Granting, modifying, cancelling or denying this supplement falls under the exclusive authority of company management, following an analysis of the proposals put forward by the department directors, who will provide adequate documentation accrediting and justifying such request.

Given its special nature, this supplement will not be subject to collective negotiation within the framework of the company collective agreement and will be the exclusive competence of the transactional relation between management and employee.

e) Progressive Pay Supplement. A special progressive pay supplement for all occupational categories is hereby established in the daily amounts listed in Annex II. This supplement will be paid per calendar day, 365 days a year, in proportion to the time worked.

f) Stand-by Supplement. When required by circumstances, the company will request each department to prepare the necessary employee stand-by schedule. The stand-by work day will consist of 14 hours between working days (from 17:00 hours to 07:00 hours on the following day) and 24 hours for Saturdays, Sundays and holidays (from 07:00 hours to 07:00 hours on the following day). The rate will be 4.49 euros per hour. Mileage payment for the use of private vehicles will only apply when the employee is required to travel from his place of residence to the Base as a response to an actual work call. If such call should take place when the employee is using company transportation, the employee should report as soon as possible, and will be reimbursed for mileage if their private vehicle is used to return to work after they reach their place of residence.

Article 28.- Attendance Bonus

1. This is the amount paid to the employee for each day of actual work. The attendance bonus amount will be 19.57 euros.

2. For the firefighting service occupational categories the attendance bonus will be 24.32.

3. Taking into account that this bonus will be paid for each day of actual work, if the employee works part-time or only part of the work day, they will only be paid an amount proportional to the actual time worked.

4. This bonus will stop being paid when the employee does not go to work, regardless of the reason for their absence, the only exceptions being work-related temporary disability or illness, marriage leave, and vacation.

5. For working-day vacation exceeding 22 days the attendance bonus amount established in Paragraph 1 above will be reduced by 3.24 euros.

6. This bonus replaces the attendance, public transportation and lunch meal bonuses of previous bargaining agreements.

Article 29.- Driving Bonus

A driving bonus is hereby established for the employees specified below in the indicated amounts:

a) DIN Mechanics: Driving bonus of 1.25 euros per day.

b) Professional members of the operational staff whose specific job is not driving vehicles but who perform driving duties bearing the required driving license, will be paid a driving bonus in the amount of 1 euro per day for B licenses, and 1.25 euros for C licenses.

Receiving this bonus implies that the employee will drive the vehicle or vehicles necessary to fulfill the assigned duties effectively and timely, and also perform daily check-ups on the vehicle components and condition.

Employees whose specific duty is driving vehicles are not entitled to this bonus.

c) The driving bonus will only be paid for the days of actual work and will be proportionately included in the salary payment for vacation and days of personal leave.

Article 30.- Shift bonus

1. All employees working shifts in accordance with the provisions of Article 10 will be paid 4.52 euros.

2. An additional amount of 3.45 euros will be paid for actual work shifts carried out on Saturdays, Sundays and holidays.

3. The amount in paragraph 2. will also be paid to the Cleaning Department employees with a regular 08:00-to-17:00 schedule who work on Saturdays, Sundays or holidays, except when it is overtime.

Article 31.- Special bonuses Five special bonuses are hereby established, each of which is due on January 31st, March 31st, June 30th, August 31st, and November 30th. The payable amounts will be the sum of the base salary and the seniority supplement, when applicable, based on 30 days. These special bonuses will be calculated in proportion to the hours of actual work performed during the calendar year in which they are payable.

Article 32.- Personnel transportation

1. The Company will, using its own means or by way of a contract with a transportation service provider, pick up personnel from the various locations included in the following chart, in order to facilitate their arrival to the workplace at the beginning of their work day, as well as take them back to the different pick-up locations, as it has been done in the past.

2. The service provided by the Company will be limited to the following routes and Municipal Districts:

Municipal District

Route type

Bus service for 8:00-to-17:00 employees

Bus service for shift employees

City of Seville

Arahal

3. Apart from providing the above-mentioned service, the Company will reimburse for mileage only in the following cases and under the following circumstances:

3.1. Shift employees residing in Utrera, Arahal or Los Molares who do not currently have bus service available will be paid a mileage amount of 0.33 euros per kilometer, taking into account the shortest distance between their place of residence and Morón Air Base, as long as the bus service remains unavailable.

Mileage will be calculated starting at two kilometers from the downtown area of the employee’s place of residence.

3.2 Shift employees residing in a municipal district not included in the above chart and whose closest municipal districts serviced by company buses are Utrera, Arahal or Los Molares, which do not have a shift employee bus, will be paid mileage under the same terms and conditions of the above paragraph, but based only on the distance from Utrera, Arahal or Los Molares to the Base.

3.3 The remainder of employees residing in a municipal district not included in the above chart will have the right to use the bus service from the municipal district closest to their place of residence.

These employees will also be paid mileage compensation in the amount of 2.03 euros per day of actual work if the distance between their residence and the closest municipal district is shorter than 50 kilometers, and 4.06 euros if the distance is longer.

All employees being paid mileage for use of their privately owned vehicles must be ready to prove that the actual use of their privately owned vehicle is for the purposes covered by Mileage Compensation payment, that is, to arrange transportation between the workplace and their private residence.

The Company will be able to ask the employee for documentation showing compliance with this requirement.

4. In addition, personnel will be paid a distance bonus per each day of actual work performed on site at Morón Air Base, in the amount established in Annex III and based on the employee’s place of residence.

Article 33.- Settlement All payment vouchers for settlement items will be signed in the presence of an employee representative, except when there is no union representative or the employee chooses not to exercise this right.

Chapter V

Article 34.- Common illness and work-related accidents

a. Employees who have worked for the company for six months and are absent from work due to common illness or a non-work related accident will be, as of the eighth day of leave, entitled to payment of the difference between the social security compensation and one hundred percent of their regular salary, namely, the base salary plus additional salary supplements regularly received, with the exception of the attendance bonus, which the Company will not consider for payment in addition to social security compensation.

In accordance with the above paragraph, and according to the Company agreement dated 28 February 2008, the company will pay the difference between the social security compensation and the regular salary, excluding those pay items which are not completely subject to social security contributions and including the attendance bonus only in the same percentage applied to the contribution basis in each case (currently 60% until day 20 of the temporary disability and 75% from day 21 on). For employees with a reduced contribution basis, the attendance bonus percentage will be reduced at the same rate as the contribution basis in regards to their regular salary.

In the event the employee is hospitalized or receives medical assistance at their residence due to lack of hospital beds as duly documented, the difference will be paid as of the first day.

Entitlement to this right will last a maximum of 100 days in all cases. The continuation or recurrence of the same ailment and others of a different nature will trigger a new compensation entitlement for the same amount and duration, if such contingency occurs 365 days after the beginning of the last 100-day compensated period used by the employee.

If the workplace is closed down or if the employee is to cease work activities due to termination of contract, the right to this compensation will end upon termination of the labor relation with the company.

b. Employees will receive their entire regular salary, including the base salary, the additional salary supplements regularly received and the attendance bonus, when they are in a situation of temporary disability due to work-related accidents or occupational illness, for a maximum period of 18 months. In this regard, the company will supplement, when necessary, the temporary disability compensation granted to the employee by the Mutual Accident Insurance Company. For purposes of this article, pursuant to the provisions of Article 115 and 116 of the General Social Security Act (“Ley General de la Seguridad Social”), a work accident will be understood to be any bodily injury suffered by the employee during work or as a consequence thereof, and an occupational illness will only be an illness contracted as a consequence of work, in accordance with the provisions of the applicable laws and regulations.

c. In the cases included in this Article, the number of days on which the employee receives the compensation difference will be considered as actual work days for purposes of special bonus payments.

Article 35.- Compensation for death or disability The company will subscribe a collective life insurance and accident insurance policy with the following coverage and compensations:

1. Death from any cause: 10,000 euros.

2. Death as a consequence of a work-related accident: 40,000 euros.

3. Permanent total or absolute disability from any cause: 10,000 euros.

4. Permanent total or absolute disability as a consequence of a work-related accident: 40,000 euros.

5. Permanent partial disability as a consequence of a work-related accident: up to a maximum of 40,000 euros in accordance with the scale usually applied to such cases by insurance companies, and which will be annexed to the insurance policy subscribed to by the company. This scale will only be applied to the accident-related permanent partial disability case mentioned above. For the rest of the cases mentioned in this article, compensation will be paid without applying any kind of scale.

In the case of death or permanent disability, the date of the triggering event will be the date of the accident.

Article 36.- Voluntary early retirement Those employees who have worked for the company for seven years, provided that they retire voluntarily, will receive the amounts specified below only when a company agreement has been received in writing prior to starting the administrative procedures for retirement. In the absence of such express agreement, the employee will not be entitled to receive such amounts, even though the employee may receive the corresponding Social Security compensation they are entitled to.

The amounts will be the following:

a) For voluntary early retirement at age 60: six monthly payments

b) For voluntary early retirement at age 61: five monthly payments

c) For voluntary early retirement at age 62: four monthly payments

d) For voluntary early retirement at age 63: three monthly payments

e) For voluntary early retirement at age 64: three monthly payments

Article 37.- Special retirement at age 64 Employees may, with prior agreement with the company, retire at age 64 with 100 per cent of the regulatory basis upon the terms and conditions established in Royal Decree 1194/1985 of 17 July regarding early retirement as an employment stimulus measure.

In the event that such agreement is reached with the company, the employee will receive three monthly payments.

Article 38.- Partial retirement Partial retirement will be the retirement initiated when the employee is over age 60 and until age 65, simultaneous with a part-time employment contract linked to a hand-over contract within the provisions of Article 166 of the General Social Security Act (Ley General de la Seguridad Social) and Article 12.6 of the Workers’ Statute (Estatuto de los Trabajadores).

Partial retirement may take place upon the terms and conditions expressed in Royal Decree 1131/2002 of 31 October.

Employees who opt for partial retirement will be entitled to the proportional part of the retirement pay specified in Article 36 based on the percentage of reduction in the work day.

Chapter VI

Article 39.- Work dress Safety gear will be given to those employees who are new to the company and who may require such gear, upon their start date.

Four shirts and four pairs of trousers will be given to the staff at the following facilities:

1. Painting

2. Mechanics at electrical and vehicle facilities

3. Wastewater treatment plant

4. Plumbers

5. AGE and ATOC

The staff at the other shops, as well as vehicle drivers, will receive two shirts and two pairs of trousers.

The firefighting service staff will be provided with three uniforms per year.

The catering services staff will be provided with six uniforms per year.

The hotel reception staff will be provided with four uniforms per year.

All employees will be obligated to keep their work clothes clean and in good condition, and to wear it while they are at the workplace.

Work clothing will be provided by the company on a regular basis, during the first quarter of the year, and will be suitable for the prevailing weather.

Article 40.- Occupational safety and health The parties to this collective Agreement consider the prevention and reduction of occupational hazards, work-related accidents and occupational illnesses one of its priority objectives, and for those purposes, and during the term of this Agreement, the company will:

· Implement appropriate occupational hazard prevention policies at its Facilities.

· Facilitate appropriate practical training in this area to its workforce.

· Enable employee participation…