Attach_7_-_CBA_WD_2014-0311_Rev_1.pdf

AGREEMENT BETWEEN

EAST O&M LLC.

PARTY TO GOVERNMENT CONTRACT

(FA6656-O5-C0003)

YOUNGSTOWN OHIO AIR RESERVE STATION

AND

THE INTERNATIONAL UNION

OF OPERATING ENGINEERS

LOCAL UNION 95, AFL-CIO

February 1, 2014 — SEPTEMBER 30, 2016

INDEX PAGE

PREAMBLE

WITNESS

ARTICLE 1 Purpose ARTICLE 2 Recognition ARTICLE 3 Union Security ARTICLE 4 Union Representation ARTICLE 5 General Wage Provisions ARTICLE 6 Grievance Procedure ARTICLE 7 Arbitration ARTICLE 8 Hours and Overtime ARTICLE 9 Sick/Personal Days ARTICLE 10 Holidays ARTICLE 11 Vacations ARTICLE 12 Seniority ARTICLE 13 Funeral Leave ARTICLE 14 Jury Duty ARTICLE 15 General Provisions ARTICLE 16 Savings Clause/Change in Laws ARTICLE 17 Bulletin Boards ARTICLE 18 Safety ARTICLE 19 New Equipment ARTICLE 20 Successor-ship/Vacation/Sick/Personal Transition ARTICLE 21 Management Rights ARTICLE 22 Health & Welfare/401(k) Plan ARTICLE 23 Leave of Absence ARTICLE 24 No Strike — No Lockout ARTICLE 25 Non-Discrimination ARTICLE 26 Discipline and Discharge ARTICLE 27 Subcontracting ARTICLE 28 Union Business Representation ARTICLE 29 Working Dues ARTICLE 30 Mileage Reimbursement & Other Benefits ARTICLE 31 New Classifications ARTICLE 32 Duration

EXHIBIT ―A‖ AUTHORIZATION FOR UNION DUES CHECK-OFF

EXHIBIT ―B‖ GRIEVANCE FORM

APPENDIX ―A‖ HOURLY WAGE RATES

PREAMBLE

THIS AGREEMENT is made effective by and between EAST O&M LLC., a party to Government Contract No. FA6656-05-C0003 located at the Youngstown Ohio Air Reserve Station, Vienna, Ohio 44473 (hereinafter referred to as the ―COMPANY‖) and Local Union 95 of the International Union of Operating Engineers, located at 300 Saline Street, Pittsburgh, PA 15207 (hereinafter referred to as the ―UNION.‖)

WITNESS

WHEREAS, the Company and the Union have bargained collectively, in good faith, with respect to wages, hours, and other conditions of employment for the employees in a bargaining unit hereinafter more clearly defined, and have reached agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and in consideration of their mutual desires in promoting the efficient conduct of business and in providing for the orderly settlement of disputes between them, the Company and the Union do hereby agree as follows:

ARTICLE 1

PURPOSE

SECTION 1.1: It is the intent and purpose of the Company and the Union to assure a sound and mutually beneficial working relationship between the parties hereto, to provide an orderly and peaceful means of resolving misunderstandings or differences which may arise, and to set forth herein the basic and full agreement between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. To this end, it is recognized that there must be mutual understanding and cooperation among employees and between employees and the Company, and between the Union (its officers, agents and members) and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the government; and that the business of the Company must be operated with economy and efficiency with due regard for competitive conditions.

ARTICLE 2

RECOGNITION

SECTION 2.1: The Company recognizes the Union as the sole and exclusive collective bargaining representative for the purpose of collective bargaining for the matters that affect the rates of pay, wages, hours of work, and other conditions of employment for the bargaining unit employees as described in the National Labor Relations Board Certification of Representative dated July 17, 2001, Case 8-RC-16229 and the Certification of Representative dated January 28, 2002, Case 8-RC-l6306.

Employees who regularly work on a part-time basis (less than 40 hours per week) shall be subject to pro rating of paid leave in accordance with applicable requirements under the Service Contract Act.

Personnel designated as seasonal employees at the time of hire may be retained to augment the regular workforce for snow removal or lawn/yard maintenance only for a period not to exceed ninety (90) consecutive days. Employment beyond the ninety (90) days will result in required Union membership with seniority rights from the original date of hire. Although seasonal employees are not covered by the provisions of this Agreement, they will be compensated and provided the cash equivalent in benefits in accordance with the Agreement.

ARTICLE 3

UNION SECURITY

SECTION 3.1: All present employees who are members of the Union on the effective date of the execution of this Agreement shall remain members of the Union in good standing, as a condition of employment. All present employees who are not members of the Local Union and all personnel who are hired hereafter shall become and remain members in good standing of the Union as a condition of employment on or before the ninetieth (90th) day following the beginning of such employment. The Company shall be obligated under this Article to terminate the employment of any employee by reason of his failure to obtain or maintain membership in the Union as required by this Article upon receipt of written request for such termination from the Union.

SECTION 3.2: The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits, or other forms of liability that may arise out of an action taken by the Company in conjunction with this Article, including but not limited to the reasonable attorney fees and defense costs associated with any such claim, demand, suit, or other form of liability.

ARTICLE 4

UNION REPRESENTATION

SECTION 4.1: SHOP STEWARDS: The Company recognizes the right of the Union stewards as designated in this Article.

(a) The authority of the stewards designated by the Union shall be limited to, and shall not exceed, the following duties and activities: (1) the investigation and presentation of grievances in accordance with the provisions of this Collective Bargaining Agreement; and (2) the transmission of such messages and information as shall originate with, and are authorized by, the Union or its officers that fall within the Articles of this Agreement.

(b) The Union reserves the right to designate up to three (3) Union stewards and one (1) alternate Union steward. Only when the Union steward is absent from the work site, the alternate Union steward will have the authority of the steward.

(c) The Union shall supply the Company with a list of Union stewards.

(d) The Union steward shall be empowered to investigate and present a grievance in accordance with the provisions of this Agreement. The Conduct of Union business will be scheduled so that no employee, including the Union steward, is interrupted during paid working time.

(e) Should a steward wish to conduct Union business during scheduled working hours, as herein set forth, he shall request permission from his immediate supervisor and state the Union business he desires to conduct. Such permission shall be granted, unless it should substantially interfere with operations.

The steward shall report to his supervisor upon completing each function. Such business shall be conducted by the steward on unpaid Company time.

ARTICLE 5

GENERAL WAGE PROVISIONS

SECTION 5.1: WAGE RATES: Wages for the employees covered by this Agreement shall be in accordance with the schedule set forth in Appendix A for the period February1, 2014 up to and including September 30, 2016.

SECTION 5.2: NIGHT DIFFERENTIAL PAY: A differential of $.35 per hour in addition to the employee’s base hourly rate shall be paid for all hours worked for any employees working on the regularly scheduled second or third shifts, the regularly scheduled first shift being defined in Article 8 or as changed from time to time by management pursuant to Article 8.

SECTION 5.3: OUT OF CLASSIFICATION WORK: When a certified and/or qualified employee (subject to Government approval if required) with the necessary skills and abilities to perform the duties assigned works in a higher classification for at least ½ hour, the employee will receive the rate of the higher classification for all hours worked in that classification. Employees may be required to perform work in a lower classification without a reduction of their regular base hourly rate.

SECTION 5.4: DAVIS BACON RATES: For work performed subject to the Davis Bacon Act (―DBA‖), the Company shall pay wage rates in accordance with the DBA wage determinations applied by the government-contracting officer.

ARTICLE 6

GRIEVANCE PROCEDURE

SECTION 6.1: A grievance is defined as any dispute between the parties as to the meaning, interpretation, and/or application of the provisions of this Agreement. In the event that a grievance shall arise under the terms of this Agreement, the procedures outlined in this Article shall be followed.

SECTION 6.2: A grievance, to be recognized, must be brought to the Company’s attention within five (5) working days of its occurrence.

SECTION 6.3: If a grievance should arise between any employee or group of employees or the Union and the Company, a good faith effort shall he made to promptly settle such grievance.

SECTION 6.4: PROCEDURE: A grievance shall be handled in the following sequence and manner:

Step 1 — Any employee or group of employees having a grievance and desiring to present the same shall first present the grievance orally, and so designate. The oral grievance shall be presented in person to his/her immediate supervisor within five (5) working days from the date of the occurrence which is the basis of the grievance. The oral grievance shall be documented for the purpose of verifying the date it occurred only. The immediate supervisor and the person or persons presenting the grievance will discuss and attempt to adjust the matter. A Union steward will be present at this step if requested by the employee.

The immediate supervisor shall give a verbal answer within five (5) working days after the discussion. If the supervisor does not respond to the grievance within five (5) days, then it will be assumed that the grievance is not settled and the Union may proceed to Step 2.

Step 2— If the grievance is not resolved in Step 1, the grievance shall be presented in writing on the standard grievance form attached as Exhibit ―B,‖ specifying where possible the Article and Paragraph of the Agreement claimed to have been violated, to the Project Manager within five (5) working days of the oral response. The Project Manager shall meet with the Union’s Business Representative and shall give a written response to the Union within ten (10) working days from such meeting.

Step 3 — In the event that the grievance is not resolved at Step 2, it shall be presented in writing to the Company’s President or his designee within five (5) working days from receipt of the response from the Project Manager. The President or his designee shall make a reply in writing no later than ten (10) working days from receipt of such grievance.

SECTION 6.5: TIME LIMITS: The Company has no obligation to accept a grievance unless it is submitted and appealed within the time limits set forth in this Article 6 of this Agreement. The time limits specified in this Article shall be of the essence, and failure by the Union to take actions as required within the time specified herein shall result in the grievance being dropped and not being subject to arbitration. It is agreed that the time limits as set forth in the above steps may be extended by mutual agreement. In computing the time within which the acts herein are required to be performed, Saturdays, Sundays, and holidays shall be excluded

SECTION 6.6: Any grievance settled by mutual agreement of the parties before Step 3 shall not set a precedent.

ARTICLE 7

ARBITRATION

SECTION 7.1: ARBITRATION: If the grievance has not been settled or disposed of in accordance to the steps of the grievance procedure outlined above, the Union shall have the right to appeal the grievance to arbitration provided such submission is made within ten (10) working days from and after the day that the Company’s answer to Step 3 was given to the Union. The arbitrator shall be selected from a panel of seven (7) submitted to the parties from the Federal Mediation and Conciliation Service. Both parties agree that a request for arbitration must be submitted to the non-grieving party within ten (10) working days from the receipt of the Company’s answer to Step 3 or the right to arbitrate the grievance is forfeited.

In addition, the Company shall have the right to submit disputes arising under this Agreement directly to arbitration if the matter is not resolved through discussion with the Union.

SECTION 7.2: COST OF ARBITRATION: The expense and fees of the Arbitrator shall be borne equally by the Company and the Union. Each party shall pay any and all expenses for their own representative and witnesses. Either party may choose to have the arbitration hearing recorded at its own expense, or the parties may agree to share the costs of such recording.

SECTION 7.3: ARBITRATORS AUTHORITY: The decision of the Arbitrator shall be binding upon the Company, the Union, and the aggrieved employee or employees. The Arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or any agreements made supplementary hereto, or to substitute his discretion in cases where the Company is given discretion by this Agreement or by any supplementary agreements.

ARTICLE 8

HOURS AND OVERTIME

SECTION 8.1: The normal regular workweek for payroll purposes shall be seven (7) consecutive days beginning Saturday at 12:01 a.m. until Friday at 12:00 midnight.

The normal regular workweek shall consist of five (5) consecutive shifts Monday through Friday within one (1) standard payroll week.

The Company will give at least seven (7) days notice of a schedule change except in a case of a military emergency or a UTA weekend.

SECTION 8.2: There shall be no pyramiding of overtime.

SECTION 8.3: Overtime shall be distributed equitably among all certified and/or qualified (subject to Government approval if required) employees on a rotating descending seniority basis, except that employees performing the work during their regular eight (8) hour shift shall be offered first.

Refusal to work overtime shall be counted as time worked for the sole purpose of equitable distribution.

Employees shall obtain supervisory approval prior to working overtime to be eligible for payment.

Supervisor approval is not required to be eligible for payment of overtime when authorized base security personnel request emergency services.

SECTION 8.4: REGULAR SHIFT: Starting and ending times and shift assignments are the exclusive function of management. The regularly scheduled first shift is:

CE (Civil Engineering): 7:00 am – 4:00 pm & 7:30 am – 4:00 pm

TMO (Traffic Management Office): 7:30 am – 4:30 pm

VOM (Vehicle Operations & Maintenance): 7:30 am – 4:00 pm & 8:00 am – 4:30 pm

Fuels Management: 7:00 am – 3:30 pm & 8:30 am – 5:00 pm

Supply: 7:00 am – 3:30 pm & 8:30 am – 5:00 pm

SECTION 8.5: OVERTIME WORK: Overtime will be allocated as equally as possible among certified and/or qualified (subject to Government approval if required) employees. Overtime work in Service Contract Act or Davis Bacon Act classifications shall be compensated at the rate of time and one-half (1 - 1/2) for all hours worked outside of the employees regular scheduled shift. Overtime is paid in the classification where the overtime was worked.

SECTION 8.6: CALL OUT PAY: Any employee called back to work after having completed his/her regular shift shall receive a minimum of three (3) hours pay at the appropriate rate.

ARTICLE 9

SICK/PERSONAL DAYS

SECTION 9.1: Employees who have completed ninety (90) days of continuous service at the Youngstown Ohio Air Reserve Station located in Vienna, Ohio, in a job classification covered by this Agreement, shall be granted seven (7) sick/personal days to be used in their first work year in accordance with the terms of this Article 9. In addition, each employee covered by this Agreement shall, on each subsequent hire anniversary date, be granted seven (7) sick/personal days to be used in the following work year in accordance with the terms of this Article 9. Part-time employees shall receive time for paid leave on a pro rated basis according to that portion of the full-time workweek or year that they normally work. Employees who terminate their employment prior to their next anniversary date shall forfeit their sick/personal leave, and be subject to a payroll deduction for any such leave that has been advanced, on a pro rata basis according to that portion of the work year they have worked since their last anniversary date.

SECTION 9.2: Sick leave is intended for an absence due to an employee’s illness or injury only and is not to be used as an extension of vacation or holiday leave. Any paid leave other than for sickness must be approved in advance by the supervisor. The employee shall give at least twenty-four (24) hours notice to the Company of his intent to take personal leave, unless the department supervisor agrees that an employee may take personal leave with less notice due to an emergency or other conditions.

Leave may not be taken in less than one – half (1/2) hour increments.

SECTION 9.3: Employees may carry over up to three (3) days of unused sick/personal leave to the next year;

however, the maximum number of sick/personal days may never exceed nine (9) at any time, including any carry-over. Upon termination any unused sick/personal leave will be forfeited. If an employee terminates prior to their anniversary date, any paid leave taken in excess of (.8) hours per week shall be withheld from final pay.

SECTION 9.4: Employees who call in sick for three (3) or more consecutive days or are injured outside the work place and require medical attention will be required to furnish the Company evidence of illness or injury through the written statement and a fit for duty release of a licensed physician.

SECTION 9.5: An employee who is unable to report to work is required to advise his supervisor by no later than the start of his shift. The employee must call the supervisor’s office and if the supervisor is unavailable, the employee may leave a voice mail message providing a reason for the absence.

ARTICLE 10

HOLIDAYS

SECTION 10.1: HOLIDAYS CELEBRATED: The following days shall be paid holidays for the purpose of this Agreement. A celebrated holiday will provide eight (8) hours of pay at the employee’s regular, straight-time, hourly wage.

1. New Year’s Day 7. Columbus Day

2. Martin Luther King Day 8. Veteran’s Day

3. President’s Day 9. Thanksgiving Day

4. Memorial Day 10. Christmas Day

5. Independence Day

6. Labor Day

Should the government through a Presidential Order grant a holiday, in addition to the above scheduled holidays, and relieve the Company of that day’s contractual performance with no financial reduction, this holiday shall be extended to employees.

SECTION 10.2: ELIGIBLE EMPLOYEES: To be eligible for Holiday pay, an employee must be on the active payroll of the Company (i.e., is receiving a payroll check, but is not laid off or on other inactive status), and be a regular employee with the Company and work the entire scheduled shift on the day before and the day after the Holiday or have a vacation/personal day scheduled in advance in accordance with the Company policy.

SECTION 10.3: NO WORK ON THE HOIDAYS: An eligible employee who is not required to work on the day observed as a Holiday shall receive his regular workday pay at his straight-time rate of pay. If an employee’s regular shift schedule does not include the holiday, on which it is observed, then the next workday will be the employee’s scheduled holiday.

SECTION 10.4: WORK ON THE HOLIDAY: An eligible employee who is required to work on the day observed as a Holiday shall receive pay at time and one half (1-1/2) for all hours actually worked on that day, in addition to holiday pay at his straight-time rate of pay. An employee who is required to work on the day observed as a Holiday and who does not report for work shall not be paid for the holiday under this Article.

SECTION 10.5: HOLIDAY DURING A VACATION PERIOD: If a Holiday occurs during an eligible employee’s scheduled vacation the employee will not be charged a vacation day for the Holiday and the observed Holiday shall be paid as Holiday pay.

ARTICLE 11

VACATIONS

SECTION 11.1: ELIGIBILITY: All employees shall be eligible for vacations on their anniversary date of employment on the following basis:

Two (2) weeks after one (1) year of continuous service Three (3) weeks after five (5) years of continuous service Four (4) weeks after ten (10) years of continuous service

Continuous service includes the whole span of continuous service beginning with first date the employee performed services within the bargaining unit covered by this Agreement and/or under a contract covered by the Service Contract Act. Part-time employees shall be eligible for vacation on a pro rata basis according to that portion of the full- time workweek or year that they normally work.

SECTION 11.2: Vacation pay shall be computed at the employee’s regular straight time hourly rate.

SECTION 11.3: All vacation requests submitted by October 1st of each year will be scheduled preliminarily for planning purposes based on seniority within job classifications. Employees who do not submit their vacation choices by October 1st shall be scheduled preliminarily for planning purposes for vacation leave in the order in which it is requested (first come first served). All vacation scheduling is subject to Company approval, depending upon staffing needs.

SECTION 11.4: A minimum of two (2) weeks notice shall be given for vacation requests by an employee and such requests are subject to Company approval, depending upon staffing needs. Such vacation requests must be requested in writing and the Company will provide a response in writing within seven (7) days.

SECTION 11.5: Vacation time may be taken for absence due to illness or injury in four (4) hour increments after all sick personal leave time is exhausted with a twenty-four (24) hour notice subject to Management approval.

SECTION 11.6: In the event the Company is unable to accommodate a vacation request within the employee’s anniversary dates, due to needs of its operations and business, carryover of vacation time will be allowed up to a maximum of one carryover week. The carried over vacation will be utilized by the employee upon a mutually agreeable date between the Project Manager and the employee affected but not in conjunction with the new year’s vacation entitlement.

SECTION 11.7: In the final transitions between the current contractor and the successor contractor, all of the bargaining unit member’s unused vacation earned as of the most recent anniversary date, of each employee, will be paid by the current contractor.

ARTICAL 12

SENIORITY

SECTION 12.1: SENIORITY:

(a) Seniority, for the purpose of this Agreement, shall represent the total unbroken length of an employee’s service with the Company and predecessor contractor(s) working on the contract at the Youngstown Ohio Air Reserve Station located in Vienna, Ohio in a job classification covered by this Agreement.

(b) Job Classification seniority is defined as the total unbroken length of service an employee has acquired in a particular job classification and any immediately prior related job classification from which the employee was reclassified.

(c) The Company shall supply the Union with a job classification and seniority list of the employees covered by this Agreement. Such list(s) shall be updated annually. The employer also shall notify the union’s office of any changes, in writing, i.e. new hires, discharges, retirements, deaths, promotions or deployments.

(d) Employees shall be considered on new hire probation and not entitled to seniority until they have acquired ninety (90) calendar days of Company service credit. It is understood an employee must work continuously during the ninety (90) calendar day probationary period and not have a break in service. If a break in service should occur, the employee will have to satisfy the continuous ninety

(90) calendar day new hire probation period upon return to work. Upon completion of the ninety

(90) calendar days probationary period of employment, the employee shall be considered a seniority employee and seniority shall date from the date of hire. The Company may transfer, layoff, and discharge new hire probationary employees and such action shall not be reviewable through the grievance or arbitration procedure.

SECTION 12.2: LAYOFF: The Company will determine the time of layoffs, the number of employees to be laid off, and in what job classification layoffs will occur.

If a layoff should become necessary, the Union shall be notified at least two (2) weeks in advance or as soon as possible, with voluntary layoff being offered first to the most senior employee in the classification in which layoffs will take place. If the layoff is still in effect after the first 90 days, the employee who accepted the voluntary layoff may be given the option to return to work or continue with the layoff. If the employee would like to return to work they may do so, if not, then another employee within the same classification and qualifications may accept the layoff. If no one accepts the layoff then the least senior employee within the job classification and qualifications shall accept the layoff. If no employee’s volunteer for layoff then such reductions shall be on the basis of the least amount of seniority within the job classification and qualifications.

An employee subject to layoff out of a job classification may use their bargaining unit seniority to bump a less senior bargaining unit employee who holds a classification for which they possess the abilities and qualifications to perform the job, as determined by the Company. The displacing employee shall be paid at the rate of the job classification he moved into.

The affected employee(s) given notice of a reduction in force shall indicate their election to exercise the above displacement rights or accept the layoff within two (2) working days of receipt of such notice. Failure to indicate to the Company the above election shall be considered an acceptance of layoff. No employee shall have the right to displace any employee in a higher job classification.

If job classification seniority is equal then seniority will be determined by drawing of cards. The employee who draws the lowest card in a standard deck of cards with a two (2) being the lowest card will be the first to be laid off.

SECTION 12.3: TERMINATION OF SENIORITY: An employee’s seniority shall be terminated and his rights under this Agreement forfeited for the following reasons:

(a) discharge for just cause, quit, retirement, or resignation;

(b) failure to give notice of intent to return to work after recall within five (5) working days, or failure to return to work on the date specified for recall, as set forth in the written notice of recall;

(c) a layoff of more than twelve (12) months;

(d) failure to return to work upon expiration of a leave of absence.

Upon returning to work from a period of disability, the employee must present appropriate documentation verifying their availability date and medical release. The Company maintains the right to send employees to a Company-designated doctor for release.

SECTION 12.4: RECALL:

(a) Order of Recall. If the Company determines to fill job vacancies in a job classification from which employees are laid off the employee with the most seniority, within the job classification, who was laid off or reduced, who has the qualification, skills, and ability to do the work at once shall be recalled first.

(b) Notice of Recall. The Company will forward notice of recall by certified mail to the last known address of the employee reflected on Company records. The employee must, within five (5) working days of delivery or attempted delivery of the notice of recall, notify the Company of his intent to return to work on the date specified for recall and thereafter return to work on such date. Employees who are recalled while on military annual leave will report to work immediately upon official return from leave.

(c) Notice by the Company to the last address filed, as outlined above, shall be considered as fulfilling the recall notice requirements. An employee failing to comply with the provisions of this Article shall be considered as having voluntarily resigned from the service of the Company.

SECTION 12.5: The Company will announce job openings and will post the openings for a period of three (3) calendar days (not to include Saturday, Sunday and Holidays), unless due to unusual circumstances the Company needs to fill the slot earlier, in which case the positions may be filled temporarily pending the outcome of the posting. If a job that is posted is not filled within one (1) month of the initial posting date, and the Company still wishes to fill the vacancy, the Company will again post the position internally prior to awarding the job bid. The successful bidder must have the certifications and/or qualifications, skill, and ability necessary to perform the duties of the job being bid. When the Company determines two or more employees who bid for a job are equally qualified, then seniority shall be the determining factor. Employees desiring to bid on a job vacancy may do so by submitting a completed Job Posting Application prior to the close of the posting period.

ARTICLE 13

FUNERAL LEAVE

In the event an employee has a death in his immediate family, the employee shall be entitled to paid bereavement leave of up to three (3) days.

The immediate family is defined as:

Spouse Stepchild Parent/Step Parent Brother/Sister Child Grandparent/Grandchild Foster Child Mother-in-law/Father-in-law

A funeral slip from the undertaker stating the name of the deceased, date of the funeral, and your relationship to the deceased must be turned in as you return to work in order to be paid. (NOTE: This is not an obituary and/or funeral program.)

ARTICLE 14

JURY DUTY

SECTION 14.1: When an employee is called for jury duty, he/she shall provide a copy of the summons to serve on jury duty immediately upon receipt to his/her supervisor. Any employee, who is required to be away from work because of being called for jury service, serving on the jury, shall be paid the difference between the amount received by him/her for jury service and his/her normal wages during the period required for such service. Employees shall be eligible for jury duty payment of wages as required under the laws of the State of Ohio.

SECTION 14.2: For the purpose of this Article, nothing herein shall be construed so as to obligate the Company to pay for any time away from work during which the employee’s attendance is not required for jury service nor shall the Company be obligated to pay an employee the difference between the amount received by him for jury service and his normal wages for more than five (5) days.

Employees on jury duty will he required to secure a statement from the Clerk of the Court or other court officials verifying the service rendered and fees earned.

SECTION 14.3: If jury duty requires the employee to be absent during the day or afternoon shift, the employee will be excused the entire shift and be eligible for pay to the extent permissible hereunder, provided he/she is required to remain in court to such a late hour that it is unreasonable to expect the employee to report for work.

An employee will be expected to report to work if he can be on the job at least the last four (4) hours of the employee’s shift.

ARTICLE 15

GENERAL PROVISIONS

SECTION 15.1: REST BREAKS: Unless precluded by operational requirements, it is the intention of the Company to provide bargaining unit employees two (2) ten (10) minute rest breaks during a normal eight (8) hour worked shift, one (1) in the middle of each half of the shift. When employees are required to work overtime for more than three (3) hours, a third ten (10) minute break will be given. Such rest breaks, for all employees, shall he included in the computation of time worked. All rest breaks shall be taken at the work site where the employee is located at the designated time of his rest break. The Company retains the right to schedule breaks.

ARTICLE 16

SAVINGS CLAUSE/CHANGE IN LAWS

Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing legislation or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions thereof and they shall remain in full force and effect.

ARTICLE 17

BULLETIN BOARDS

The Company will provide two designated bulletin boards for the posting of Union notices that have been properly approved for posting by the Company Personnel or Project Manager. Such approval shall not be unreasonably denied.

ARTICLE 18

SAFETY

SECTION 18.1: It shall be the duty of the Company, the Union, and the employees to maintain the workplace in a safe, clean, and sanitary condition. The Company and employees will comply with all applicable health and safety laws and regulations. The Union and all employees agree to cooperate toward the objective of eliminating accidents and health hazards and the Company will continue to make reasonable provisions for the safety and health of all employees during the hours of their employment. The Union agrees that the Company may discipline as specified in Articles 21 and 26 any employee covered by this Agreement who intentionally exposes himself or any individual to unsafe acts which could result in serious bodily harm. All employees must immediately report any work related injury, no matter how slight, to his/her immediate supervisor by the end of their shift. It is agreed that, except where safety concerns are expressed, employees will not refuse assigned work but rather will grieve the matter.

SECTION 18.2: The Company shall provide required, as determined by the Company, personal protective equipment at no cost to the employee and the employee is required to wear and utilize such equipment.

SECTION 18.3: The Company currently has a Safety Committee for the primary purpose of maintaining and improving safety in the workplace. There will be one (1) Safety Committee member from Supply, TMO, VOM, Fuels, CE RPM, CE RPS and any sub-contractor employed by the company.

SECTION 18.4: DRUG FREE WORK PLACE: The Company reserves the right to institute a ―Drug Free Work Place‖ program.

When two (2) members of management suspect an employee of being under the influence of alcohol or non-prescription or prescription drugs, the employee will be asked to submit to a drug and alcohol test. Refusal to submit to a test will constitute a positive result. The employee will be disciplined accordingly.

ARTICLE 19

NEW EQUIPMENT

In the event the Company introduces new equipment or devices which substitute for present equipment being operated or maintained by an employee within the bargaining unit, the Company agrees to train bargaining unit employees on such equipment to the fullest extent practicable. The number, selection of employees, and the manner to be trained will be determined by the Company.

ARTICLE 20

SUCCESSORSH1P / VACATION / SICK / PERSONAL TRANSITION

SECTION 20.1: The provisions of this Agreement shall be binding upon and put into practice to the benefit of the Parties hereto, and to their successors and assigns, except as may otherwise be provided by applicable law or federal regulations.

ARTICLE 21

MANAGEMENT RIGHTS

SECTION 21.1: Except as specifically limited by this Agreement, the following are the sole and exclusive rights and responsibilities of the Company: the management of the Company and direction of the workforce, including but not limited to the services performed, the location of the workforce, assignment of work, fair standards of employee performance, the schedules and hours of work, the methods, processes, and means of providing services, the processes, services, and materials to be purchased, the right to hire, promote, demote, and transfer employees, to establish rules of conduct, to classify, reclassify, lay-off and relieve employees from duties, to discharge or discipline for just cause, to maintain efficiency of employees, to require proof of CDL, driver license, and/or DMV driving records (employee must sign a waiver for company to obtain DMV driving records), and to provide or not provide light duty on a case by case basis when an employee is injured on the job and is subject to medical restrictions.

SECTION 21.2: The foregoing enumeration of the Company’s rights shall not be deemed to exclude other preexisting rights or functions of management which do not conflict with the provisions of this Agreement, and nothing in this Article shall be deemed to limit the Company in its exercise of customary and recognized functions and prerogatives of management that do not conflict with the provisions of this Agreement and the grievance/arbitration procedure provided in this Agreement. Nothing in this Article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management, including the right to make such agreements and enter into such agreements as it may deem necessary to the successful operation of its business, except as they may be abridged or modified by this Agreement.

ARTICLE 22

HEALTH & WELFARE/401(k) PLAN

SECTION 22.1: During the term of this Agreement, the Company agrees to provide full-time employees with the opportunity to participate in the Company’s health and welfare medical benefit plans and full-time and part-time employees the opportunity to participate in the Company-sponsored 401(k) plan, consistent with the terms and conditions of such plans. These plans and their summary plan descriptions, which may change from time to time as Federal/State law requires, shall become incorporated as a part of this Agreement.

SECTION 22.2: FRINGE BENEFIT RATE: All bargaining unit employees are eligible for a fringe benefit entitlement, as outlined below. The fringe benefit will be paid on a per hour basis for all hours paid up to forty

(40) hours per week up to a maximum of 2,080 hours per year. All monies earned by an employee through the fringe benefit entitlement shall be used for the purpose of offsetting the health and welfare medical premium costs and additional monies, if any, remaining shall be directed into the employee’s 401(k) Plan account.

In the event the contribution (based on the hourly fringe benefit multiplied by the hours paid up to forty (40) hours per week) paid by the Company for a participating employee's health and welfare medical premiums is less than the required total premium rate, the Company shall deduct from the wages of each such employee an amount equal to the difference.

Fringe Benefit Entitlements Per Hour Are As Follows:

As of 2/1/14: $5.15 per hour

As of 10/1/15: $5.40 per hour

As of 10/1/16: $5.65 per hour

SECTION 22.3: An employee must demonstrate medical insurance coverage annually during open enrollment through other means to elect not to participate in the Company’s health and welfare medical insurance program.

Any employee who cannot demonstrate medical insurance coverage must participate in the medical insurance program. Any employee who can demonstrate medical coverage through other means will have his fringe benefit entitlement directed into his 401 (k) Plan account.

SECTION 22.3 (b): Employees will have the option of a health and welfare package consisting of health insurance, eye, dental, life insurance, sickness and accident benefits as provided by the Pittsburgh Building Owners Health and Welfare Fund. This plan shall take effect within sixty (60) days of the execution of this agreement provided that the health and welfare fund and the carrier can implement said change.

ARTICLE 23

LEAVE OF ABSENCE

SECTION 23.1: The Company operates in accordance with the Family and Medical Leave Act (FMLA) and will provide leave of absence benefits to those employees eligible for leave as defined under the Act.

Employees will be required to substitute earned unused paid leave entitlements for unpaid leave, in accordance with the FMLA. Vacation/Sick/Personal time may be used at the employee’s discretion prior to or during FMLA. During any leave of absence, the employee is responsible for all out of pocket expenses to include but not limited to the following; medical premiums, vision/dental, union dues, AFLAC provided coverage’s, Short Term / Long Term Disability insurance, life insurance premiums and other deductions required. Employees who are away for a period longer than the term of the leave shall be considered to have voluntarily terminated their employment with the Company.

SECTION 23.1 (b): An employee may choose whether he or she desires to designate an absence as an FMLA absence. Employees shall not be required to utilize their paid time off for a period of absence qualifying under the FMLA unless the employee chooses to do so.

SECTION 23.2: When a regular full time employee is called for temporary, scheduled active duty military tour, said employee shall be paid the difference between his regular wage rate and his military base pay, for as long as he is on annual or school tour, not to exceed two hundred and forty (240) hours per year or in accordance with all applicable federal laws, whichever is less.

ARTICLE 24

NO STRIKE - NO LOCKOUT

SECTION 24.1: The Union agrees that it will not collectively, concertedly, or individually engage in or participate in, directly or indirectly, any strike, sympathy strike, slowdown stoppage, picketing, or any other interference with or interruption of the work or operations at the Youngstown Air Reserve Station during the period of this Agreement.

SECTION 24.2: No officer or representative of the Union shall authorize, instigate, aid, or condone any strikes, and no employee shall participate in any strike.

SECTION 24.3: The Company agrees that it will not lock out any of the employees in the bargaining unit during the period of this Agreement.

SECTION 24.4: Employees shall not cause or take part in any illegal strike or work stoppage in violation of this Article, and any employee who violates this provision shall be subject to discipline and discharge by the Company.

SECTION 24.5: Nothing in the above shall preclude any right to which the Company may be entitled to secure legal or other redress of any individual who has caused damage or injury to or loss of property, nor does the Company give up any rights in this regard to which it may be entitled.

ARTICLE 25

NON-DISCRIMINATION

SECTION 25.1: The Company and the Union both recognize their responsibilities under federal, state, and local law pertaining to fair employment practices as well as the moral principles involved in the area of civil rights. Accordingly, both parties reaffirm by this Agreement a commitment not to discriminate against any person or persons because of race, color, religion, national origin, age, sex, sexual preference, veteran status, disability, Union activity or membership or non-membership, or any other status protected by applicable federal, state, or local laws or regulations, as long as the individual can adequately perform the duties of the job.

Further, it is agreed that the provisions of this Agreement will apply equally to all employees regardless of their protected class.

All parties agree to cooperate in implementing the Company’s equal opportunity and affirmative action policies pertaining to non-discrimination because of race, religion, color, national origin, sex, age, veteran status, disability, or any other basis upon which discrimination is prohibited by applicable law.

SECTION 25.2: Reference to the masculine forms of nouns and pronouns in this Agreement are for ease of reference only, and the terms of this Agreement will apply equally and consistently regardless of gender.

SECTION 25.3: No employee or applicant for employment covered by this Agreement shall be discriminated against because of membership or non-membership in the Union or activities on behalf of the Union.

SECTION 25.4: Each employee shall adhere to the provisions and intent of this Article, in his dealings with fellow employees, suppliers, and customers of the Company.

ARTICLE 26

DISCIPLINE AND DISCHARGE

SECTION 26.1: It is the policy of the Company that all employees are expected to comply with the Company’s standards of behavior and performance. The Company has established a progressive discipline policy in which it attempts to provide employees with notice of deficiencies and opportunity to improve. The Company reserves the right to discharge any employee for just cause. No employee shall be discharged, except as hereinafter provided unless he shall have been given warning notices, in writing. Such notice shall state the complaints of the Company.

lst Offense — Verbal Warning 2nd Offense — Written Warning 3rd Offense — Suspension 4th Offense — Discharge SECTION 26.2: No warning notice shall be given to an employee before he is discharged if the cause of the discharge is: for serious misconduct, such as but not limited to malfeasance, disclosure of confidential trade information, theft of property, direct insubordination (refusal to take orders or refusal to work on the job assigned subject), possession of or under the influence of alcoholic beverages or non-prescribed drugs while on Company property or time (including breaks and lunch periods), falsification of Company, State or Federal documents, deliberate safety violations, or assault of fellow employees, supervisors, suppliers or Company customers or customer representatives while on duty or on Company time or premises. All official disciplinary warnings against an employee’s records shall be in writing and a copy thereof shall be given to the Union.

Warning notices shall have no force or effect after twelve (12) months from date thereof and shall be removed from an employee’s work file.

ARTICLE 27

SUBCONTRACTING

SECTION 27.1: Nothing in this Agreement will be interpreted to restrict the right of the Company to contract for services of independent contractors, nor shall this Agreement be interpreted to restrict the right of the Company to employ specialists from outside its regular branch organizations when in its discretion it does not have the necessary manpower, equipment, or machines to perform the operations. However, it is understood that such work is not to effect the replacement of a regular employee as defined in this Agreement or bargaining unit employees on layoff status.

SECTION 27.2: The Union agrees to indemnify the Company and to hold it harmless against any claims or any liability incurred as a result of the Company complying with Section 27.1 of this Agreement.

ARTICLE 28

UNION BUSINESS REPRESENTATION

Authorized representatives of the Union shall, upon prior notice to the Company, have access to the work area where employees covered by the Agreement are employed, as long as the controlling government agencies permit, for the sole purpose of investigating and adjusting employee complaints or investigating relevant issues covered by the Collective Bargaining Agreement. This privilege is to be exercised so that no employee is interrupted during working time for the purpose of conducting Union business.

ARTICLE 29

WORKING DUES

SECTION 29.1: Upon receipt of a copy of a written authorization, in a form authorized by law from the employee, the Company agrees to deduct monthly Union dues from the first pay each month of the employees from whom written authorizations are received, a copy of which is attached as Appendix ―A‖, and to send such dues to the Treasurer of Local Union No. 95 not later than the 30th day of the month together with a list of employees from whose pay said deductions were made.

SECTION 29.2: Said sums shall be payable to the Union as monthly dues on behalf of the members of Local No. 95.

SECTION 29.3: The International Union of Operating Engineers Local No. 95 agrees to hold the original copies of authorization cards obtained from employees represented by the Union and covered by this Agreement, and shall upon request present to the Company a copy of such authorization card being held by it.

Upon revocation, if any, the Union shall promptly notify the Company in writing of the name of the employee and the date of revocation. The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of any action taken by the Company for the purpose of complying with the provisions of this Article, or on reliance of any list, notice, assignment, or authorization card furnished under such provision. The Union’s indemnification obligation shall include but not be limited to the reasonable attorney fees and defense costs associated with any such claim, demand, suit, or other form of liability.

ARTICLE 30

MILEAGE REIMBURSEMENT & OTHER BENEFITS

SECTION 30.1: Employees shall not be required to use their own vehicles for the Company’s business.

Employees, when using their own vehicle or engaged in overnight travel at the Company’s request, shall be compensated in accordance with the Joint Travel Regulations (JTR).

SECTION 30.2: All employees required, as determined by the Company, to wear approved safety shoes shall be provided a reimbursement up to $150.00 toward the purchase of safety shoes and/or insoles, per contract year. A receipt must be provided to the Company.

SECTION 30.3: Craftsmen are required to provide their own hand tools and other tools will be provided at the discretion and cost limitation of the government.