Atch_5_-_Minot_ND_2014_CBA.pdf

COLLECTIVE BARGAINING

AGREEMENT

between

L-3 VERTEX AEROSPACE, LLC

and

M1 SUPPORT SERVICES

and the

International Association of Machinists

And Aerospace Workers, AFL-CIO, District Lodge 5, Local Lodge 2525

Minot, North Dakota AFB

Effective: August 16, 2014 to September 30, 2017

TABLE OF CONTENTS

01.00 RECOGNITION

02.00 NON-DISCRIMINATION

03.00 MANAGEMENT RIGHTS

04.00 SUBSTANCE ABUSE POLICY

05.00 UNION SECURITY/DUES CHECKOFF

06.00 SHOP STEWARDS

07.00 NEW JOBS

08.00 NO STRIKE-NO LOCKOUT CLAUSE

09.00 SECURITY

10.00 GENERAL

11.00 MISCELLANEOUS PROVISIONS

12.00 LAYOFFS AND RECALL

13.00 ZIPPER CLAUSE

14.00 PROMOTIONS/TRANSFERS

15.00 DISCHARGE AND DISCIPLINARY ACTION

16.00 SENIORITY

17.00 TEMPORARY DUTY ASSIGNMENTS (TDY)

18.00 ADJUSTMENT OF GRIEVANCES

19.00 ARBITRATION PROCEDURE

20.00 HOURS OF WORK

21.00 OVERTIME

22.00 EXCUSED ABSENCE

23.00 HOLIDAYS

24.00 VACATION

25.00 BEREAVEMENT

26.00 SHIFT PREMIUM/RATES OF PAY

27.00 BENEFIT PLANS

28.00 PERSONAL PAID TIME (PPT)

29.00 EFFECTS OF LAW

30.00 DURATION

APPENDIX A

01.00 - RECOGNITION

01.01 The Company recognizes the International Association of Machinists, and Aerospace

Workers, District Lodge 5, Local Lodge 2525, AFL-CIO, as the sole and exclusive collective bargaining agent with respect to wages, benefits, hours, and all other terms or conditions of employment, for all employees covered by this Agreement (18-RC-17590).

The Company will recognize the local union and elected or appointed officers and members without discrimination and/or prejudice, and hold harmless all employees in their duties and obligation in holding office of the Union.

01.02 The Company and the Union agree that the employees covered by this Agreement shall consist of the following classifications employed by the Company at Minot, North

Dakota, under the United States Air Force Contract Number FA2517-10-C-8002 and its successor contracts:

Job Classifications

The collective bargaining unit job classifications are as follows:

Quality Control Inspector

Aircraft Mechanic 1

Aircraft Mechanic II

Aircraft Mechanic III

Supply Technician

AFE Technician

AFE Lead

(MOC) / PS&D

02.00 - NON-DISCRIMINATION

02.01 The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. The Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran or handicap status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender; it shall be recognized as referring to both male and female employees.

03.00 - MANAGEMENT RIGHTS

03.01 Except as specifically limited by this Agreement, the management of the company, and the direction of the work force, including but not limited to the service performed, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, the right to subcontract out work provided the Company gives the Union prior notice and, it will not directly lead to any bargaining unit people being laid off, the right to hire, promote, demote and transfer employees, the selection of leads and their shift assignments, the establishment of reasonable rules of conduct, the discharge or discipline of employees for just cause, and the maintenance of efficiency of employees (Training), are the sole and exclusive rights and responsibilities of the Company. All matters not specifically covered by this

Agreement are solely functions and responsibility of management.

04.00 - SUBSTANCE ABUSE POLICY

04.01 L-3 Vertex Aerospace and the IAM are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and protect the reputation of the

Company, Union and employees.

04.02 Consistent with these goals, the Company prohibits the use, possession, distribution or sale of illegal drugs, drug paraphernalia or alcohol on Company premises. A program, including random drug testing, will be maintained as well as all actions necessary to comply with the Drug Free Workplace Act and all DOD and Air Force

Regulations.

04.03 Pre-employment drug testing is a condition of employment.

05.00 - UNION SECURITY/DUES CHECK-OFF

05.01 Employees covered by this Agreement may at their own discretion become and remain members of the Union.

05.02 Upon receipt of a properly executed dues Deduction Authorization form, the

Company, during the term of this Agreement, will deduct from the employee’s earnings, if any, initiation fees and/or Union dues and remit the money as set forth herein within twenty (20) days following the end of the month in which such fees and/or Union dues were collected. Initiation fees and dues collected from the employee shall be remitted by the Company to the applicable union office. The amount of remittance shall be designated in writing by the Secretary Treasurer of the

Union.

It is understood and agreed that the Authorization(s) must be received by the

Company no later than fourteen (14) calendar days prior to the end of the pay period in order for the fees or dues to be deducted for such pay period. Fees or dues to be deducted as a result of Authorization(s) not timely received will be deducted the following pay period.

05.03 The Company shall be required to make only one (1) payroll deduction for Union initiation fees for each employee authorizing the deduction.

05.04 The Company shall provide the International, the District and the Local a complete list of the local members from whom the dues were deducted and a list of the individuals from whom initiation fees were collected with each remittance as defined in 05.02 above.

05.05 It is understood that any authorization for such payroll deduction shall be voluntary on the part of the employee and may be cancelled by the employee in accordance with the terms of the IAM Deduction Authorization.

05.06 The Company will comply with any notice of revocation of deduction authorization received from an employee in accordance with the procedure and limitations set forth in the IAM Deduction Authorization Form. Should an employee be promoted or transferred to a classification not covered by this Agreement, the Company shall cease deducting dues from such employee. When ceasing to deduct dues in such cases, the Company shall submit the name of such employee and the reason for no deduction in writing to the Secretary Treasurer of the Union.

05.07 If an employee does not have sufficient earnings in any payroll period to cover the

Union dues deduction for that payroll period, the Company shall have no further responsibility for collection of dues for that pay period.

05.08 There shall be no solicitation of Union membership during assigned work hours.

Chief Steward will be given a reasonable period of time to meet with any new employees.

05.09 There shall be no discrimination by the Company or Union because of membership or non-membership in the Union.

05.10 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or any reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article including the reasonable cost of any defense made necessary by any such liability, claim, suit or dispute.

06.00 - SHOP STEWARDS

06.01 The Company recognizes and will work with authorized Union Representatives to resolve differences that may occur with respect to the terms and conditions of this

Agreement.

06.02 Union will provide the Company the name (in writing or by e-mail) of the designated

Chief Shop Steward, and one Shop Steward.

06.03 The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

06.04 Business Representatives and Union Officials

Fulltime BR’s and the Aerospace Coordinator may have access to the company’s operations for the purpose of servicing the Agreement. Such visits shall be subject to government regulation and company requirements. The BR or AC will notify the site manager to agree on the date/time for the visit. The BR or AC may discuss issues with employees on the employee’s non-work time.

07.00 - NEW JOBS

07.01 The Company shall notify the Union of its intent to create a new job within the bargaining unit, which is not now covered under this agreement, or to revise the job duties of an existing classification within the bargaining unit. Notice shall be given to the Union in advance of the implementation of any new job or revised job classification.

07.02 The wage rate for such new or revised job classification shall be established by the

Company. The Union may question the wage rate established, or the wording of the new or revised job description through the grievance and arbitration procedures, if the

Union feels the wage rate is inappropriate or the job description does not describe the classification. The arbitrator shall have the authority to adjust the wage rate or the wording of the new or revised job description only.

08.00 - NO STRIKE/NO LOCKOUT CLAUSE

08.01 The Union agrees that neither it nor any of the employees in the bargaining unit, covered by this Agreement will collectively or individually engage in or participate in any strike, sympathy strike, slowdown or stoppage of work during the term of this

Agreement and the Company agrees that during the term of this Agreement it will not lock out any of the employees covered by this Agreement.

08.02 The above prohibition on strikes shall not be binding on the Union sixty (60) days after notice has been served on the Company pursuant to Section 8(d) of the National Labor Relations

Act, as amended, when no agreement for a new contract has been reached.

09.00 - SECURITY

09.01 The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contact with the Government. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.

09.02 It is understood by and between the parties hereto that as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United

States Government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements.

It is understood that there shall be no liability on the part of the Company for any release growing out of the denial of clearance and/or unescorted entry authorization by the United States Government.

09.03 The Company will reinstate the seniority of an employee who’s denied security clearance is reinstated by the Federal Government. A non-probationary employee who loses his security clearance or site access for any reason will not lose his seniority until final adjudication of his appeal. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

10.00 - GENERAL

10.01 The Union acknowledges the responsibilities of the Company's operation as they are related to the support of the United States Air Force objectives. The parties realize the United States Air Force may, from time to time, make unusual and immediate demands in conjunction with support requirements. Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of support requirements for the mission and operational capabilities. Any permanent/ongoing changes will have to be negotiated between the parties, for incorporation into this agreement.

11.00 - MISCELLANEOUS PROVISIONS

11.01 SAFETY

The Company and the Union shall use every effort to assure compliance with established State, Federal, and U.S. Air Force safety and health rules and regulations.

The Union will designate its steward as the representative to any safety committees.

There shall be a joint Company-Union Safety Committee meeting composed of one representative from each job classification with the Company Safety Manager. The

Union will select a representative from each job classification. The committee shall meet regularly on a monthly basis on company time. Emergency meetings of the

Committee may be called at the request of either the Company or Union to address safety issues or other emergencies.

Committee duties shall include recommendations for improvements in safety and health, provide safety training as needed, as well as other duties as may be agreed upon. Minutes of the Committee meetings shall be maintained by the Company and copies provided to the Union.

The Company will provide the appropriate First Aid, CPR, AED (Automated

External Defibrillator) equipment and Medical Services to treat victims of accidents and / or health hazards on its work premises and work detachment premises at all times. The Company will provide all required training for adequate designated employees for First Aid, CPR, and AED, required in treating victims prior to

Emergency Medical Services arrival.

If an employee(s) believes that a condition on the job or job assignment(s) presents a clear safety and / or health hazard to personnel, the employee may refuse to perform the work operation or job assignment exposing the employee(s) to such hazard(s) until the condition is corrected and / or hazard eliminated. The employees’ first obligation in such cases is to immediately stop all operations relating to the condition and immediately inform the employee’s Supervisor or the Company Safety Manager of the condition. Under no circumstances will any person(s) coerce any employee to continue an unsafe operation.

In the interest of continued safety of individuals and their fellow employees any employee returning to work following a medical leave of absence or documented inability to perform the assigned duties and responsibilities, may be required through

Government regulations or by the Company to undergo a medical examination by a doctor of the Company’s selection, paid for by the Company. If the diagnosis or examination is not satisfactory to the employee, the employee may request another diagnosis or examination by a doctor of the employee’s choosing. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the

Union, will be required for the employee’s examination.

If the third doctor’s diagnosis/ analysis concurs with the employee’s doctor, the

Company shall pay for the services of the mutually agreed upon doctor. If the diagnosis/ analysis of the third doctor does not concur with the employee’s doctor, the employee who gave rise to the dispute shall be responsible to pay for the services of the mutually agreed doctor.

Employees entitled to free physical examinations as a condition of employment will receive the examination during their normal duty hours without loss of pay. The

Company will provide a copy of the results to the employee upon written receipt.

All examinations related to employment, whether required by virtue of employment with the Company or requested/directed by the Company, (Medical exams, Respiratory exams, Chest x-rays, Physical exams, CDL license testing, License exams. etc.) shall be at the Company’s expense and the employee shall be paid by the

Company for all time spent while submitting to any examination. The Company shall make provisions for all exams to be taken during the employee’s normal hours of work. The Company may select a physician from the nearest locality of the individuals work site.

11.02 CHANGE OF ADDRESS

Employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are also responsible to notify the

Company of their proper mailing address and current telephone number to maintain recall rights. The Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

11.03 RESIGNATION

Employees are requested to give at least a two (2) week notice of intent to resign.

11.04 JOB DESCRIPTIONS

The minimum job requirements for internal job postings will be taken from the

Training Records as the source document and utilized for determining qualifications for promotions. For requirements not included in the Training

Records, qualifications for promotions will be utilized by the PWS.

11.05 BULLETIN BOARDS

The Company agrees to provide a bulletin board for posting of Union publicity.

Material posted shall be limited to notices of Union meetings, Union newspaper items, Union newsletters, Union recreational and social activities, and any other

Official Union business. Such bulletin board shall be maintained by the Shop

Steward, or alternate Steward, in the Steward’s absence.

11.06 PERFORMANCE OF WORK

Supervisors and other non-bargaining unit employees will not normally perform the duties of employees in the bargaining unit, except in emergency situations, government audits or investigations and for the purpose of instructing employees.

Supervisors or other non-represented employees are not to perform any bargaining unit work solely to prevent a bargaining unit employee from earning overtime, but may, as needed when bargaining unit employees are absent or unusual workload demands.

11.07 SHUTDOWNS

If there is a temporary shutdown of operations and no work is available, employees may take vacation, personal paid time, or time off without pay. Should the government mandate an additional holiday or period of national mourning for which the Company is compensated, such workday(s) will be paid time off.

11.08 AWARDS, BONUSES OR GIFTS

100% of any awards, bonuses, or gifts, etc. (Monetary or other) resulting from participation in the AF suggestion program or any program designed to provide such awards to individuals, will be the sole property of awarded individuals.

11.09 WEATHER DAYS

Effective each October 1 of this CBA, all employees on the active payroll will be awarded Twenty- four (24) hours, which shall be used for the purpose of base closure

/ government shutdown / inclement weather / natural disasters / gate delays events only. This time will not be allowed to roll over.

12.00 - LAYOFFS AND RECALL

12.01 When it becomes necessary to reduce the number of employees in a classification, the employees in a job classification shall be laid off in accordance with reverse seniority.

12.02 LAYOFF

In the event of a layoff, the Company agrees to give a two (2) week notice, when possible, to the employees affected. The Union will be notified of a layoff in advance of the layoff.

12.03 RECALL

Employees laid off will be recalled as follows:

(A) Laid off employees will be recalled, by job classification, in the inverse order of their layoff.

(B) The Company will send recall notices, by certified mail, to the employee's last official address. The Company will also notify the Union of the recall and of those being recalled. The employee has three (3) working days after receipt by the employee of the notice to accept re-employment, the employee will have up to ten

(10) working days to report for work, unless extended by the company.

(C) If no laid off employees in a job classification, who are recalled, accept re-employment, then laid off employees outside the job classification, who are qualified in the classification, will be recalled as in Section 17.03a above.

(D) Subject to Article 14, new employees will be hired if no laid off employees, who qualify for the job classification, accept re-employment as outlined in this section.

13.00 - ZIPPER CLAUSE

13.01 The parties acknowledge that during the negotiations which resulted in this

Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from collective bargaining and that the agreements arrived at by the parties are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, agree that the other shall not be obligated, except as provided in this Agreement, to bargain collectively with respect to any subject referred to or covered in this Agreement. Furthermore, the parties waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not referred to or covered by this Agreement, even if such subject may not have been known or contemplated of any of the parties at the time this Agreement was negotiated or signed.

14.00 - PROMOTIONS/TRANSFERS

14.01 (A) PROMOTIONS

A promotion means the advancement of an employee from one job classification to another job classification with a higher rate of pay.

(B) JOB VACANCIES

The Company and the Union clearly recognize the Company’s right to determine staffing levels within the Company. The Company therefore maintains the right to assign personnel within the Company and to determine when there is a permanent job vacancy. When the Company determines that a permanent job vacancy exists, the Company will post the vacancy prior to hiring from outside the bargaining unit. The Company will post all job vacancies within the unit provided no employee has recall rights to the open position as defined in Article 17.00, Section 17.03. The job vacancy will be posted for five (5) working days. The posting notice shall state the job classification, the pay rate, special training, experience or certification required (if any) and the closing hour and date of the posting period. The posting notice will be posted on the Company bulletin and the

Chief Steward shall be notified. Employees who desire to bid for the posted vacancy may do so by completing a mutually agreed to form and submitting it to the Site Manager prior to the close of the posting period.

(C) SELECTION

Within five (5) working days after the close of the posting period, the Site

Manager shall determine which of the bidders are qualified (minimum requirements) to perform in the posted position. The position will be awarded to the senior bidder that meets the minimum requirements of the job. As established by 11.04, when minimum requirements cannot be met due to the lack of afforded training opportunity, this shall not be held against the bidders and a

45 day window will be afforded to receive required training requirement or have a class date assigned prior to hiring outside personnel. The Company reserves the right to waive any requirements not met by the bidding employee and award them the position.

The successful bidder shall be assigned to his/her new job within ten (10) working days after the job has been awarded.

If there are no qualified bidders, the Company has the right to fill job vacancies by new hires or rehires. If the job vacancy is not filled within sixty (60) days after the posting is closed, the vacancy will be reposted in accordance with (B) herein.

(D) NEW JOB PERFORMANCE

When an employee is awarded a posted job, and fails to satisfactorily perform the duties of the position within thirty (30) days after assuming the position, the employee will be returned to the position last held prior to award of such promotion.

(E) The Company may temporarily upgrade an employee to perform in a higher classification. The employee shall receive the rate of the higher classification if he works for a minimum of two (2) hours in that classification. If an employee is assigned temporarily to a lower paid classification such employee shall not suffer a reduction in pay rate.

14.02 EMPLOYEES TRANSFERRED OUT OF BARGAINING UNIT.

An employee who has established seniority rights within the bargaining unit and who is transferred to a position not covered by this agreement shall retain seniority for a period of ninety (90) calendar days.

(A) An employee who is permanently transferred to another Company facility will lose bargaining unit seniority rights.

15.00 - DISCHARGE AND DISCIPLINARY ACTION

15.01 The Company shall have the right to discipline employees for just cause by reprimand, suspension without pay or discharge for violation or infraction of the

Company rules. The Company agrees to notify the Union, in writing, of any action taken under this section.

15.02 The disciplined employee will have a Steward present if requested.

15.03 A documented verbal shall not be used for purposes of progressive discipline after a period of six (6) months.

15.04 A letter of reprimand shall not be used for purposes of progressive discipline after a period of twelve (12) months.

15.05 A letter of suspension shall not be used for purposes of progressive discipline after a period of eighteen (18) months.

15.06 An incident of workplace violence shall have no time limitation.

15.07 The Company shall provide the Union and employees with the Company rules of which an employee can receive discipline. This list shall be supplied yearly or upon request. The Company will notify the Union of any changes to the

Company rules.

16.00 - SENIORITY

16.01 PROBATIONARY PERIOD

Any employee who has been in the employment of the Company for ninety (90) consecutive calendar days shall be considered a Seniority Employee of the Company.

During the probationary period the employee shall be subject to layoff, discipline or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure.

DEFINITIONS:

(A) Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the same Federal facility.

1. When two (2) or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) numbers of his/her social security number shall be considered having the least seniority for tie breaking purposes.

2. The Company and the Union may mutually agree on seniority dates for individual employees because of unique and special circumstances.

(B) Seniority will not be broken for:

1. periods of approved absence with leave

2. periods of layoff due to lack of work

3. periods of absence due to injury or illness

Periods of absence set forth in 2 and 3 shall not exceed twenty-four (24) months. In the case of occupational injuries, continuous employment will be for the length of the disability.

16.02 LOSS OF SENIORITY

All seniority of any employee shall terminate if the employee:

(A) Resigns.

(B) Is discharged for just cause.

(C) Is on layoff status in excess of twenty-four (24) months.

(D) Is barred by the customer's written order or whose security clearance has been revoked and is not legally reinstated. This paragraph is subject to the conditions noted in Article 09.00.

(E Refuses recall.

(F) Accepts full time employment with another Vendor while on approved leave of absence without the company’s knowledge.

16.03 SENIORITY LIST

A seniority list will be maintained by the Company and will be made available to the

Union semi-annually. The Company will also furnish a list to the Union Chief

Steward reflecting new hires or rehires, their classification, date of hire, and termination or layoff dates, when such events occur. The Union will treat the seniority list as a Company Proprietary Document.

16.04 SHIFT PREFERENCE SELECTION

Employees shall exercise shift preference selection, provided the requesting employee is qualified to perform the requested job. The requesting employee must be within the same job classification and hold seniority over the employee whose position is being requested. Shift preference selection will occur each July 1st and become effective July 15th, posted for signing two (2) weeks prior to July 1 st

Upon the signing of this Agreement, a onetime preference selection will take place on Sept 1 st 2014 and become effective Sept. 15 th 2014.

17.00 - TEMPORARY DUTY ASSIGNMENTS (TDY)

17.01 Accommodations and Per Diem for all TDY will be in accordance with the guidelines established in the Government Joint Travel Regulation (JTR).

17.02 Employees not required to work while on commercial travel status, will be paid eight

(8) hours per day at their straight time hourly rate for all hours in travel status regardless of the hours of travel involved. Travel status does not include idle time.

(A)If work is also accomplished on these days, employees will be paid in accordance with Article 26 for all hours worked in addition to the travel hours paid.

17.03 Employees who are required to remain idle while in TDY status, (i.e., required to wait) and are not able to perform work duties due to plant closure or other downtime, will be paid an allowance of eight (8) straight time hours for each day the employee remains idle at the direction of the Company (e.g., snowed in at the TDY location). Idle time will not count toward overtime calculation, as it is not time worked.

18.00 - ADJUSTMENT OF GRIEVANCES

18.01 "Grievances" shall mean, and be limited to disputes or difference between the

Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management, Supervision, Shop Steward, and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

All grievances beyond Step one involving employee claims shall be in writing on grievance forms and shall be signed by all employees claiming rights there under.

In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits;

(A) STEP ONE

The employee(s), with their Steward if available, shall promptly bring a grievance to their supervisor or designee. In the event an employee is unavoidably absent due to illness or injury or unavailable due to vacation or other approved reasons, the employee's Union representative may bring the grievance to the supervisor. If such grievance is not settled within five (5) working days then:

(B) STEP TWO

A written grievance must be signed by the Steward and set forth a statement of grievance and the article or section of the agreement which is claimed to be violated, and taken up by the Shop Steward with the Site Manager or his designee, and a meeting will be scheduled within five (5) subsequent working days. If no agreement has been reached within ten (10) working days, the grievance may be moved to Step Three.

(C) STEP THREE

The Company’s Labor Relations Representative or designee, and the Business

Representative of the Union or his designee shall meet in person or by telephone within fourteen (14) working days after receipt of the grievance into a third step.

A written reply from the Company will be given to the Union within fourteen (14) working days after the meeting. If no agreement has been reached within fourteen

(14) working days, either party may submit the grievance or dispute to arbitration as covered in the Article 19.00.

18.02 PRECEDENTS

A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent, which shall bind the parties as in interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement. Time limits may be extended by mutual agreements of both parties.

18.03 Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered.

No employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted.

Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee.

18.04 Authorized Stewards shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during the Shop Steward’s normal work schedules.

19.00 - ARBITRATION PROCEDURE

19.01 The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the fourteen (14) day period specified in Step Three of Article 18.01c, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

19.02 In the event the Union or the Company submits a grievance to arbitration, a representative selected by the Union shall meet with a representative selected by the

Company within five (5) workdays of receipt of the above notice and attempt to agree on an arbitrator. In the event the parties cannot agree on an arbitrator within (5) working days, the parties will petition the Federal Mediation and Conciliation Service for a panel of seven (7) arbitrators. In the latter case, the petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one name remains.

19.03 The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the

Arbitrator shall be borne by the losing party.

20.00 - HOURS OF WORK

20.01 The normal workweek will normally begin at 12:00:01 a.m., Saturday and end at

12:00 midnight the following Friday. The normal workweek for each employee shall consist of five (5) consecutive days per week from Monday through Friday. The work week and the pay week are considered to be one in the same for the purposes of computing overtime.

20.02 All bargaining unit work schedules shall have two (2) paid fifteen (15) minute break periods. There shall be one (1) unpaid thirty minute meal period for each shift.

Schedules other than those outlined above may be arranged by mutual agreement by the parties.

20.03 A daily work schedule may begin on one calendar day and end on another.

20.04 Three (3) calendar days’ notice will normally be given for schedule changes. Changes to the schedule may be made at any time by mutual agreement of the parties.

20.05 At the discretion of the Company when the customer designates a no-fly days, family days, weather days and Christmas Shut-Down, with Company approval, employees will have the option to work their normally scheduled shift for the day or take vacation, personal time, or leave without pay.

20.06 The starting and stopping times of the various shifts will be as follows:

First Shift 0600 to 1430 Monday through Friday

Second Shift: 1400 to 2230 Monday through Friday

Third Shift: 2200 to 0630 Monday through Friday

Weekend Shift (Days): 0600 to 1830 Saturday through Sunday

0600 to 1430 Monday through Tuesday

Weekend Shift (Nights): 1400 to 2230 Thursday through Friday

1800 to 0630 Saturday through Sunday

Starting times may be adjusted for operational requirements, up to two hours, with stop times adjusted accordingly.

20.07 FLEX TIME

The parties agree that work schedules may need to be temporarily altered to meet the needs of the employees from time to time. To accommodate absences that are anticipated an employee may request to alter his/her regularly scheduled hours of work within a workweek. For example, an employee may plan to work two extra hours on Monday in order to leave two hours early for a personal commitment on

Tuesday. Work schedule modifications will occur at the discretion of the Site

Manager. The employee will provide the Site Manager with twenty four hour (24) notice or as much prior notice as the situation allows.

21.00 - OVERTIME

21.01 There shall be no guarantee of overtime or a certain number of hours worked per week.

21.02 Overtime, at one and one-half (1½) times the regular straight time rate, will be paid for:

(A) Time worked in excess of forty (40) paid hours in a workweek.

(B) Overtime, at one and a half (1 1/2) times the regular straight time rate, will be paid for all work performed on a holiday (Plus holiday pay).

(C)For the purpose of computing overtime the work week and the payroll week shall be one and the same.

21.03 There shall be no duplication or pyramiding of overtime payments.

21.04 The Company agrees to assign overtime among senior employees by classification.

To this end, the following procedure will be followed:

(A) When the Company determines that daily overtime work is required, qualified employees presently at work on the shift in the classification(s) needed to perform the work who have the most seniority will be offered the work first. Should the employee decline, the next senior qualified employee in that classification and shift presently at work will be offered the work, and this sequence will be followed until the required number is obtained. Should the required number not be obtained in a voluntary manner because all employees presently at work decline to work the overtime assignment, the Company shall assign the work to the qualified employee on the shift in the classification with the least seniority, and this employee shall perform the work assignment.

(B) In those cases where it is predetermined that weekend overtime will be required, all qualified employees in the classification shall be offered the work by seniority, and if the required number cannot be obtained voluntarily, those employees with the least seniority will be required to perform the overtime. No employee will be required to work more than two (2) consecutive weekends’ overtime unless operations require the employee to do so.

21.05 For overtime work occurring at the end of a shift, the Company will give as much notice as possible with at least one (1) hour notice of required overtime work.

21.06 For scheduled overtime work occurring on an employee’s Saturday or Sunday, employees will be notified of such requirement by the end of their shift on Thursday preceding such scheduled overtime work. Twenty-four (24) hours’ notice shall be provided for Overtime notice for the weekend shifts.

21.07 The parties recognize that requirements placed upon the Company by the

Government may preclude compliance with the overtime notification set forth in this article. In such cases the Company will notify the Steward and provide as much notice as possible to the affected employee(s).

22.00 - EXCUSED ABSENCE

22.01 Employees may, with Company approval, be granted excused absence without pay for a good cause stated in a written request submitted at least one week in advance of said absence except in emergency situations. Continuous service credit and seniority shall accumulate during all leaves of absence described in this section unless otherwise noted.

22.02 MILITARY SERVICE, DUTY AND PAYMENT

Any employee of the Company who is inducted into or recalled to military service of the United States and who by reason of such service is entitled under the law to be regarded as a veteran, shall, upon his discharge and his receipt of a certificate of the satisfactory completion of his military obligation, be accorded all rights of The

Uniformed Services Employment and Reemployment Rights Act of 1994.

An employee who is a member of a Guard/Reserve component of the Armed

Forces, who is required to enter active annual training duty or temporary special services duty, shall be paid their normal straight time earning, including shift differential where applicable, up to a maximum of ten (10) workdays each fiscal year. The amount due to the employee under this Article shall be computed and paid upon receipt of the employees Earnings and Leave statement, reduced by the amount received from the government body identified with such training duty or services for the period of such duty (up to the maximum period mentioned above). Such items as subsistence (does not include allowance for quarters), uniform and travel allowance shall not be included in determining pay received from state or federal government. A copy of the orders will be provided to the Company.

22.03 ABSENCE AND PAYMENT FOR JURY DUTY

Full time seniority employees who are required by proper court order or summons to be absent from work in connection with jury duty will be paid for a regular scheduled eight (8) hour shift, minus the court remuneration. In order to be paid by the Company for such leave, the employee must submit to the Site Manager written proof, executed by the administrator of the court, of having served or having been subpoenaed, the duration of such service, and the amount of compensation received for jury service or witness pay.

22.04 TEMPORARY ABSENCE FOR DISABLING ILLNESS, INJURY

Full time seniority employees having ninety (90) days or more of continuous service credit and who are found and certified by a physician to be unable to perform their regular assigned duties with the Company because of disabling illness or injury other than for Workman’s Compensation, shall receive a leave of absence without pay, but with service credit and seniority accumulating while such condition continues. If the disability continues beyond twenty-four (24) months and the employee has not returned to work, the employee's service credit and seniority will be broken and will be terminated.

22.05 ABSENCE FOR UNION BUSINESS

Employees accepting full-time positions as union representatives shall be given an automatic leave of absence without pay for a one year period without loss of seniority rights and with the privilege of returning to their former position. Likewise, employees shall be granted short-term leaves of absence without pay, not to extend beyond two (2) weeks and not to include more than two (2) employees at a time, for the purpose of attending Union conventions, meetings, etc., schedule permitting.

22.06 Employees tardy because of delayed entry at the gates or due to gates being closed by the military will not be counted as tardy and will be allowed to complete the remaining portion of their scheduled work shift.

23.00 - HOLIDAYS

23.01 The following ten (10) holidays will be recognized at Minot, North Dakota:

New Year’s Day

Martin Luther King, Jr. Day

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Day after Thanksgiving

Christmas Day

23.02 Any additional holidays celebrated by the U.S. Air Force at Minot will be recognized as holidays provided the Company shall be reimbursed by the U.S. Air Force.

23.03 Full pay for eight (8) hours at the base rate for all hours paid shall be paid to employees for each of these holidays regardless of the day of the week upon which the holiday falls or for any day for which holiday pay is due under this Article.

23.04 Whenever one of the above holidays fall on a Sunday, the Monday immediately following shall be observed, if officially declared holiday and generally observed by the Military at the respective site. Whenever one of the holidays falls on Saturday, the

Friday immediately preceding shall be observed, if officially declared a legal holiday and generally observed at the respective site.

23.05 If one or more of the above holidays occurs while an employee is on an authorized vacation or PPT, holiday pay will be substituted for a vacation or PPT day.

24.00 - VACATION

24.01 Vacations

Definitions

(A) The term "seniority" as used in this Section, shall be the factor in determining choice of vacation time.

(B) Pay for each week of vacation for a full-time employee means pay for forty (40) hours at the employee's base rate of pay. A "full-time" employee means an employee who is regularly scheduled to work five (5) or more standard daily shifts per week.

(C) Vacation time is accrued annually on the anniversary date.

24.02 Vacation Benefits for bargaining unit employees on the active payroll of the

Company are as follows:

(A) After one (1) year of service, an employee shall be entitled to two (2) weeks of vacation.

(B) After five (5) years of service, an employee shall be entitled to three (3) weeks of

(C) After ten (10) years of service, an employee shall be entitled to four (4) weeks of

(D) After twenty (20) years of service, an employee shall be entitled to five (5) weeks of vacation.

(E) Employees shall be allowed to carry over a maximum of eighty (80) hours of accrued vacation each year.

(F) All employees will be encouraged to use their accrued vacation leave prior to the expiration of the government contract.

(G) Employees shall be allowed to participate in the Company’s “Shared Vacation

Leave Program” Policy # HR4.010, Dated: January 2, 2012. This program allows for employees to donate vacation time to fellow employees who qualify under the policy guidelines.

24.03 Vacation Benefits for an Employee who terminates or is terminated, laid off, or who entered the Armed Forces in accordance with this Agreement:

(A) Employees terminating employment for any reason are entitled to payment for all accrued, unused vacation.

24.04 SCHEDULING OF VACATION

(A) Vacations may be taken during weekly periods or as individual days/hours as long as the periods chosen meet with the Site Manager’s approval. All eligible employees will fill out vacation request forms (available by December 15 th

) provided by the Company, stating their choice of time for vacation. By no later than January st , the employees will be requested to select their vacation for that calendar year, which shall be scheduled by seniority. When this selection has been made, then the next senior employee will select his/her vacation period and all, in turn, by seniority, will select their vacation period. These vacation selections will be posted by no later than February 1 st of each year. Vacations may be scheduled at any other time during the year or rescheduled; however, seniority will not be used to displace an employee previously scheduled in accordance with the above.

(B) Earned vacation may be taken in consecutive weeks or in one (1) week increments, one-day, or hourly increments, with site manager approval.

(C) The Company will approve scheduled vacations when they least interfere with production. Consideration will be given to the employee's personal plans and preference for a suitable time which is acceptable and in keeping with his seniority, except that no more than one preferred vacation period or date per employee may be scheduled on the basis of seniority in any one calendar year. The Company shall endeavor to honor vacation requests as scheduled. If a conflict exists, the appropriate

Supervisor shall use his best efforts to solve them.

(D) If an employee is unable to take scheduled vacation due to contract requirements, the employee will not lose that scheduled vacation and can use it later in the year or be allowed to carryover that vacation, over and above the eighty (80) hours, if within three months of their anniversary date.

25.00 - BEREAVEMENT

25.01 Regular status employees are eligible for bereavement leave. Up to four (4) work-days leave shall be paid in the event of death of an immediate family member of the employee. Up to five (5) work-days leave shall be paid in the event the funeral is 500 miles away from the Minot AFB.

25.02 Immediate family is defined as:

Spouse, child, mother, father, grandmother, grandfather, mother-in-law, father-in-law, in loco parentis (in place of a parent; one who substantially performed rights, duties, and responsibilities of a parent, i.e., foster parent, step-father, step-mother), grandchildren, step-child, brother, step-brother, sister, step-sister, brother-in-law or sister-in-law of the employee.

25.03 An individual may use bereavement leave only to account for an absence from work during that individual’s normal duty day. Bereavement leave taken in this manner counts as time worked.

25.04 An obituary notice or other authenticating, supporting documentation shall be submitted to the Manager to substantiate and verify the family relationship for the approval of the Bereavement Leave Request.

26.00 - SHIFT PREMIUM/RATES OF PAY

26.01 A shift premium of seventy-five cents ($0.75) per hour will be paid to employees working on any shift starting on or after 2 PM, and Weekend Shift.

26.02 Base Rate Structure - A listing of rates of pay by job classifications are set forth in

Appendix “A” of this Agreement.

26.03 Call-In Time - If employees are called-in and report for work in accordance with instructions; they shall receive a minimum of three (3) hours pay at their current pay rate(s). An employee who leaves work of their own volition or because of incapacity, other than industrial injury, will be paid only for the number of hours actually worked during that “call in time” of day. An employee that leaves work because of incapacity due to industrial injury will be paid eight (8) hours pay at their current rate(s).

26.04 Effective Date(s) – All pay and benefit increases will be effective on October 1 of the appropriate year.

26.05 Employees who are assigned Functional Check Flight Duties as assigned by the site manager shall evenly divide a…