Attachment 9 - DynCorp CBA 1 Oct 2008.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DTS Aviation Services, Inc

(5-RC-15850)

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE 4,

LOCAL LODGE 24

AT

ANDREWS AFB

EFFECTIVE

OCTOBER 1, 2008 through SEPTEMBER 30, 2012

TABLE OF CONTENTS

ARTICLE PAGE NUMBER

Purpose of Agreement Page 1

Article I – General Conditions of Contract Page 2

Article II – Union – Company Relations Page 8

Article III – Grievance Procedure and Arbitration Page 11

Article IV – Seniority Page 15

Article V – Employment Conditions Page 19

Article VI – Employee Privileges Page 22

Article VII – Pay Provisions Page 27

Article VIII – Job Descriptions (See Appendix C) Page 30

Article IX – Management Rights/Subcontracting Page 31

Signature Page Page 33

Appendix A – Classifications and Rates of Pay Page 34

Appendix B – Employee Benefits Plans Page 36

Appendix C – Attendance Policy Page 38

Appendix D – Job Descriptions Page 40

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PURPOSE OF AGREEMENT

This Agreement, entered into by and between DTS Aviation Services, Inc (hereinafter called "the Company"), and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 4 (hereinafter called "the Union"), a non-profit organization, evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and its employees, as they are defined in Article I, Section 2, of this Agreement, and the Union as their Representatives.

The purpose of this Agreement is to provide for wages, benefits, terms and conditions of employment for employees in the bargaining unit, and to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union 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 to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby. The parties recognize the skills and the abilities of the bargaining unit are unique and distinct in the interest of National Security and are highly skilled and dedicated professional in supporting Andrews Support Division (ASD) Special Air Missions (SAM) missions carrying world leaders.

NOW, THEREFORE, the parties agree as follows:

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ARTICLE I

GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

(A) In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.

(B) The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining and that all such subjects have been discussed and negotiated upon and the agreements contained in this Agreement were arrived at after the free exercise of such rights and opportunities. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right and each agrees the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

The parties understand and agree that this Agreement covers all bargained for conditions of employment, and that the Employer has the right, at its discretion, to change, modify or amend conditions of employment not so covered as its business judgment dictates.

(C) It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females

(D) This Agreement can be changed or modified by mutual agreement only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives.

(E) The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

(F) It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.

Section 2 - Recognition and Exclusive Representation

(A) Definition of Bargaining Unit and Employees Covered by this Agreement.

The Company recognizes the Union as the sole exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all full-time regular part-time employees as defined in (5-RC-15850) employed by DTS Aviation Services, Inc, located at Andrews AFB. The word "employee" or "employees", as used in this Agreement, means all employees of the Company employed at the aforementioned sites in job classifications listed in Appendix A of this Agreement and those provided for in Article VIII of this Agreement: The Company has also agreed to include Plan & Scheduler I, II and III employees in the bargaining unit covered by this Agreement.

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(B) Excluded are all branch managers, assistant branch managers, production supervisors, aircraft supervisors, including transient and dock aircraft supervisors, electronic technician supervisors, aircraft quality control inspectors, quality branch instructors, all aircraft employees already organized, office clerical employees, professional employees, managerial employees, guards and supervisors as defined by the Act.

(C) Non-Bargaining Unit Personnel

It is understood and agreed that there are times when non-bargaining unit employees may be required to perform work customarily performed by bargaining unit employees. It is also understood that Supervisors and others will be required to work with tools only to meet requirements under the conditions listed below. Therefore, the Company shall have the right to utilize non-bargaining unit employees under one or more of the following conditions:

(1) For instruction and training purposes.

(2) For tests, evaluation and/or experimentation purposes.

(3) In emergencies as defined by the Company at its sole discretion provided such actions do not result in a layoff or reduction in force.

(4) As required to assist in working a malfunction/discrepancy on a scheduled aircraft that must be corrected expeditiously in order to successfully launch the aircraft, when bargaining unit employees with the necessary skills are not immediately available.

(5) In limited circumstances where the satisfaction of the Company‟s obligations and responsibilities as a contractor may be jeopardized, when bargaining unit employees with the necessary skills are not immediately available.

(6) When an employee fails to report to work and other qualified employees are not available.

(7) Customer Flying Crew (FCC) personnel initial or proficiency training requirements.

(8) Third party technicians by the Company or other technicians provided by the Customer that will not result in a layoff or reduction in force.

Section 3 - Period of Agreement and Ratification

(A) This agreement shall be effective October 1, 2008 and shall remain in full force and effect up to and including September 30, 2012, and thereafter from year to year unless written notice to modify, amend, or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the expiration date of this Agreement.

* Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

(B) Any notice given under this section shall be deemed to be served by the Union when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Company‟s Division Manager for service upon the Company, and such notice shall be deemed to be served by the Company when similarly mailed, or delivered in hand, to the assigned Business Representative, District Lodge No. 4, for service upon the Union. The date of mailing shown on the registered mail

- 4 -return receipt or the date of written receipt of personal service shall be the controlling date for purposes of Section 3 (A) of this Agreement.

Section 4 -Successors and Assigns

In the event the Employer decides to sell, transfer or assign the business, this Agreement will be subject to existing Federal Labor Law.

Section 5 – Separability

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

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 6 - Strikes and Lockouts

(A) The Union, its officers, agents, representatives, stewards and the employees covered by this Agreement agree that during the term of this Agreement there shall be no strikes, including sympathy strikes, honoring or observance of any picket line(s), (whether or not such picket line(s) is sanctioned by the Union), sit downs, slowdowns, work stoppages or any acts that interfere with the Employer‟s operations and services it renders. The Union, its officers, agents, representatives and stewards by accepting such provisions have assumed the responsibility of affirmatively preventing violations of this Article. The Employer shall have the right to selectively discipline any employee(s) who violate(s) this provision, up to and including termination, and the union is precluded from arguing disparate treatment. An arbitrator has only the jurisdiction to decide whether or not the affected employee(s) so disciplined did in fact violate the provisions contained herein.

The Employer agrees that during the term of this Agreement there shall be no lockouts.

(B) In the event of an alleged violation of Section 6(A) of this Article the Company may immediately apply to the proper United States District Court for injunctive relief, including a temporary restraining order, prohibiting the continuation of such an alleged violation pending submission of the matter to arbitration and the issuance and enforcement of the arbitrator‟s order.

In addition to any other remedy set forth in this Article, the Company, without submitting the issue of damages to arbitration, may institute in any Court of competent jurisdiction, an action against the Union for damages suffered by the Company as a result of a violation of this Article. The remedies set forth in this Article are not exclusive, and the Company may pursue whatever other remedies are available to it at Law or equity.

Section 7 - Security Regulations

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(A) The parties to this Agreement hereby recognize the Company's obligations in its contracts with the Government pertaining to security, security clearances, and access to Government-managed property, and agree that nothing contained in this Agreement is intended to place the Company in violation of its contracts and/or security agreements with the Government.

(B) In the event that the U.S. Military Service or other Government Agency duly concerned with security regulations or operations on Government-managed property, advises the Company that any employee in the Union bargaining unit is restricted from access to Government--managed property, or restricted from work on or access to classified information and material, the Union agrees that such action as the Company may take pursuant to its contractual and/or security obligations to the Government will not be contested, nor will such action be a subject of the grievance procedure contained in Article III of this Agreement.

(C) In the event that such Government Agency following the taking of such action within one year advises the Company that such an employee is no longer restricted from access to Government-managed property or restricted from work on or access to classified information and material, the Company shall promptly reinstate the employee with seniority, to the same job classification held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement within fifteen (15) days.

(D) It is understood by and between the parties that, as a necessary condition of employment as defined in the Company‟s offer letter of employment, employees shall be subject to investigation for security clearances, special access requests, 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. Failure to apply, maintain, or gain a security clearance and/or the denial of required clearances and unescorted entry authorization by such governmental agency will be cause for release from the Company, due to inability to meet job requirements.

In the instance of an initial clearance rejection known as an “interim denial” an employee will have eighteen (18) months from his/her date of hire to obtain his/her security clearance. At which time, if the clearance is not awarded by the proper authorities, the employee will be subject to termination at the sole discretion of the Company. Said eighteen (18) month provision may be extended at the sole discretion of the Company.

In the instance of an initial clearance rejection known as an “interim denial” any Employee‟s hired after the effective date of this Agreement will have twelve (12) months from his/her date of hire to obtain his/her security clearance. At which time, if the clearance is not awarded by the proper authorities, the employee will be subject to termination at the sole discretion of the Company. Said twelve (12) month provision may be extended at the sole discretion of the Company.

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

Failure for whatever circumstances to meet the above requirements shall not be a cause of action under the Grievance and Arbitration provisions contained in this Agreement.

Section 8 – Nondiscrimination

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It is the intent of the Company and the Union to provide employees with a working environment that is free from all forms of discrimination and harassment which is or which may become unlawful during the period of this Agreement. To this end, the parties agree to comply with all applicable laws, statutes and regulations concerning nondiscrimination in employment.

Section 9 – Union Security (Agency Shop and Check Off)

(A) All employees in the bargaining unit must as a condition of continued employment be either a member of the Union and pay union dues or pay an agency fee to the Union, but not both.

(B) All employees within the bargaining unit on the effective date of this agreement who are not union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the month following the month in which they accumulate thirty (30) days‟ continuous service in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or employees who are rehired with seniority or transferred with seniority into the bargaining unit after the effective date of this Agreement who do not become union members, or having become do not remain union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the month following the month in which they accumulate thirty (30) days‟ continuous service in the bargaining unit if such entry is prior to the fifteenth (15th) day of that month or commencing with the month following the month of such entry into the bargaining unit if such entry is on or after the fifteenth (15th) day of that month.

(C) Employees who are union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union;

Employees within the bargaining unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and membership dues exceed the amount specified in the Constitution and/or By-Laws of the Union.

(D) Any employee required to pay an agency fee, membership dues, or initiation or reinstatement fee as a condition of continued employment who fails to tender the agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be notified in writing of his delinquency. A copy of such communication shall be mailed to the Company not later than fifteen (15) days prior to such request that the Company take final action on a delinquency. The Company will within ten

(10) workdays, after receipt of notice from the Union, discharge any employee who is not in good standing in the Union or fails to pay applicable agency fees as required by paragraphs A – D of this Article. Any employee so discharged shall be deemed to be discharged for “just cause”.

“Good standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union shop requirements.

(E) The Company agrees to deduct from an employee's payroll check, Union dues, initiation fees, assessments, or agency fees for all employees covered by this Agreement, provided that the Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the first pay of such member or agency fee payer each month.

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(F) Such payroll deductions referred to in paragraph (E) of this Article shall be remitted to the Secretary Treasurer of the Union the week immediately following the payroll deductions are made. The Company shall furnish to the Secretary Treasurer of the Union monthly, a record of those from whom deductions have been made and the amounts of the deductions. The company shall provide to the Secretary Treasurer of the Union with a listing, on a monthly basis, of all newly hired or laid-off employees.

(G) Should an employee be promoted or transferred to a managerial/salaried classification not covered by this Agreement, the Company shall cease deducting applicable service fees or dues from such employee. When ceasing to deduct applicable service fees or dues for reasons cited in this section, the Company shall submit the names of such employees, and the reasons for no deduction to the Financial Secretary of District Lodge No 4.

(H) Nothing contained in this Article shall be construed to require the Company to violate any applicable law. It is understood and agreed that the Union will save, hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of the execution, placing in effect or carrying out of the terms of this Article by the Company.

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ARTICLE II

UNION - COMPANY RELATIONS

Section 1- Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Division Manager, in writing, the name(s) of the Union Steward(s). Thereafter, the Union shall promptly advise the Division Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification. From among the bargaining unit employees employed by the Company at this location, the Union will designate and the Company will recognize not more than six (6) Union Stewards plus one (1) Chief Steward to serve as the Union‟s agents in the representation of employees. Union Stewards shall be selected to represent the employee in the following work areas: Aircraft Branch, Helicopter Branch and Maintenance Branch.

(B) Except as otherwise specifically provided for in the Agreement, union stewards shall not be compensated by the Company for their duties on behalf of the Union. Compensation shall be governed by the following rules:

1. Jointly scheduled meetings such as monthly communications meetings, grievance meetings, and arbitrations – Each party shall be responsible to compensate their respective representatives and any persons they select to attend such meetings.

2. Meetings scheduled at the unilateral request of the Union – the Union shall compensate all attendees from the Union. Such meetings involve steward training, Union Elections, Union Conferences, etc.

3. Meetings scheduled at the unilateral request of the Company – The Company shall compensate all attendees from the Union. Such meetings involve:

a. Periodic or special communications meetings called by management for the purpose of communications of Company events, policies or plans.

b. Shop Stewards called in by the Company when requested by an employee to be present for investigations that may result in discipline. When requested by the employee, the Company will notify the shop steward on duty prior to starting the investigation.

c. To discuss safety hazards and/or make safety recommendations to the management of his/her area.

(C) With prior notice to and with permission of the Union Steward‟s Branch Manager and subject to other provisions of this agreement, the Union Steward shall be authorized to do grievance investigation on Company time – The Company shall be obligated to relieve from duty and compensate at straight time rates the Steward(s) doing such investigation up to a maximum of two (2) hours per week for each Steward and two (2) hours for the Chief Steward.

(D) The scope of the Stewards activities on Company time shall be limited to the following:

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1) To consult with an employee regarding the presentation of a request or clarification concerning this Agreement, complaint, or grievance which the employee desires the Steward to be present.

2) To investigate a complaint or grievance of record before presentation.

3) To present a request concerning this Agreement, complaint, or grievance to an employee's

Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

4) For discussions with Stewards of the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement.

(E) It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work. Where necessary, the Stewards work schedule or assignment will be adjusted where practical, to allow for time to conduct Company

– Union business as specified below:

1) The parties agree that the steward for the affected employee may attend the grievance meeting. If the Employee‟s Steward is unavailable, a Steward from another Branch may represent the employee in the grievance meeting. It is also agreed that the investigation of grievances is the primary role of the Steward.

2) To represent the local Union at Step I and Step II of the grievance procedure as provided in Article 3, the grievance procedure.

Employees shall meet with their Union Stewards or Representative on their own time (i.e. before work, during contractual break and/or lunch time, after work) and in a non-work area to discuss the investigation, processing and presentation of grievances unless they have specific authorization from the management.

Section 2 - Business Representatives and Union Officials

Full time representatives of the Union shall have access to the Company's operations for the purpose of contacting Stewards regarding employee Complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations, which will render ineffective the intent of this provision.

Prior to entering the Company's operations, the Business Representative shall notify the Program Manager or his/her designee on the date and time he/she will be on the facility. While in Company areas requiring badging, the Union Representative(s) shall be escorted at all times by a Company representative that has been designated by the Division Manager. The Union Representative(s) must remain in non-work areas unless in the investigation of a grievance, his/their presence in a non-working area is considered to be essential as decided by the Division Manager. The failure of any

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Union Representative(s) to follow the procedures outlined above will be considered just cause to permanently bar said Representative(s) from the premises.

Section 3 - Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted, in each work area, to post on bulletin boards provided by the Company.

1) Notices of Union recreational affairs.

2) Notices of Union elections and election results.

3) Notices of Union appointments.

4) Notices of Union meetings.

5) Other notices as mutually agreed to by the parties.

Any Company data (i.e. seniority lists, or any Company information that is stamped Proprietary, Confidential, or Company Private, etc.) furnished to the Union needs to be protected as Company proprietary information and cannot be given to outside third parties. Information provided to the Union shall not be duplicated. The Union bulletin board will be secured and locked at all times and the keys to the bulletin boards will be kept in the possession of the Company. The Union Steward for the branch shall also have a key to the bulletin board. Violations of the above will lead to dismissal if the information is released / duplicated to an outside third party by a Union Steward/Employee and permanent disbarment from Company property if released/duplicated by a full time Union Representative

(B) The Union will be afforded a total of five (5) locked 3ft. by 4ft. foot bulletin boards clearly identified as "Union Business" where only Union notices will be displayed.

Shop Stewards will have full access to the Union Bulletin Board(s) to post notices in accordance with the provisions contained herein.

Said bulletin boards will be located in the following places.

1. One (1) in Hangar #2, TA,

2. One (1) in Hangar #1, the Heli Tool Room

3. One (1) in Hangar #6(CTK)

4. One (1) in the Sheet Metal Shop, Bldg. #1791.

5. One (1) in the ISO Dock area in Hangar #7.

Section 4 - Information Provided to the Union

(A) The Company will furnish to the Union Business Representative information, as required by law.

(B) In the event of an employee being suspended or terminated, the Company will notify the appropriate Shop Steward or Chief Steward within twenty-four (24) hours.

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ARTICLE III

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definition of Grievance

The term grievance as used in this Agreement is a written claim involving the interpretation, application or claim of breach or violation of applicable provision(s) of this Agreement that the Company or an employee has not been able to adjust. The grievance must identify the applicable provision(s) of the Agreement that is claimed to have breached or violated and the remedy sought.

All references and procedures in this Article which refer to “employee” grievances refer to the Company as well, as the Company also has the right to file a grievance under this Article.

Section 2 - Grievance Procedure

Step One. The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should contact the appropriate supervisor in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue. The employee may have their Union Assigned Business Representative and/or Chief Steward or Shop Steward present if desired. The Company shall inform the employee of the right to have a Union Business Representative present prior to the start of any investigation meeting that could lead to discipline.

Step Two Any employee believing they have been aggrieved as defined in section (1) of this

Article, must confer with the employee‟s immediate supervisor and present a written grievance, with their Union Business Representative. The Union assigned Business Representative and/or Chief Steward or Shop Steward on a form provided by the Union and agreed to by the Company must reduce the grievance to writing. Such written grievance shall set forth the complaint and remedy sought the facts on which it is based, the date of occurrence, the applicable Article of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement. The form shall be dated and signed by the grievant and the Union Assigned Business Representative and/or Chief Steward or Shop Steward. The written grievance must be presented to the employees Supervisor within ten (10) working days from the date the employee became aware of the incident that gave rise to the grievance. If the employee or Union Assigned Business Representative and/or Chief Steward or Shop Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. Both parties will make every effort to resolve the issue. The immediate supervisor shall render his/her written decision to the Union Assigned Business Representative and/or Chief Steward or Shop Steward and the employee within five (5) working days after being presented the grievance. If a settlement is reached it will be reduced to writing on the grievance form and the matter shall then be considered closed. If the immediate supervisor fails to provide his/her written response within this time limit, the grievance shall be advanced to the next step.

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Step Three If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to the Branch Manager or his designated representative no later than five (5) working days after receipt by the Union Assigned Business Representative and/or Chief Steward or Shop Steward of the decision rendered in two (2) hereof. The Branch Manager and/or designated company representative shall meet with the Business Representative in an attempt to resolve the matter and render a written decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Branch Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure.

Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.

Step Four If not satisfactorily settled as outlined in Step Three (3) above, the written grievance may then be presented to the Business Manager or his designated representative no later than five (5) working days after receipt by the Union Assigned Business Representative and/or Chief Steward or Shop Steward of the decision rendered in Step Three (3) hereof. The Business Manager and/or designated company representative shall meet with the Business Representative in an attempt to resolve the matter and render a written decision thereon within five

(5) working days after receipt of such meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Business Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Four of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. If the parties fail to resolve the grievance as outlined in Step Four, the Union may appeal the grievance to arbitration no later than fifteen (15) days after receipt of the Business Manager‟s written response.

Step Five. The Union Business Representative and the Company‟s Division Manager shall have authority to discuss between themselves the possible settlement and/or compromise of the grievance, but in any event must move to request an FMCS arbitrator as provided herein within ten (10) days after the Union's appeal to arbitration if no settlement has been reached by that time. This time limit may be extended only by mutual consent of both the Union and the Company. Grievances arising out of a suspension without pay shall be submitted directly to Step Four described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Business Manager within five (5) working days of the effective date of the action. If a written

- 13 -grievance is not submitted to the Business Manager within five (5) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future

Grievances arising out of a discharge shall be submitted directly to Step Five described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Division Manager within five (5) working days of the effective date of the action. If a written grievance is not submitted to the Division Manager within five (5) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future

(A) If the two parties' representatives are unable to reach a settlement; either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service. The request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

(B) It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.

(C) The Company and the Union may mutually agree to combine the grievance of an Employee and other similarly affected Employee‟s in order to eliminate the need for multiple filings of grievances. If no other Agreement on this issue is reached, either party may request an Arbitrator to combine the grievances and the Arbitrator‟s decision is final.

(D) The Company and the Union may mutually agree in writing to waive any prior step of the grievance procedure and proceed directly to Step Four of the grievance procedure as it is described in Section 2 of this section.

(E) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

(F) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps One and Two of the grievance procedure, the Union may forward the grievance unsigned.

Section 3 – Arbitration

(A) The parties' representatives shall make the necessary arrangements to arbitrate the grievance. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

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(B) The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness (es) shall be borne by the respective party.

(C) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with oral arguments. The parties are precluded from filing briefs. Said decision shall be given not later than thirty (30) days after the conclusion of the Arbitration. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties and the employee(s).

(D) The parties will conduct arbitration cases at a location within twenty-five miles of Andrews Air Force Base.

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ARTICLE IV

SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

(A) Probationary Period

All employees shall be considered probationary employees for the first sixty (60) working days of active employment. During this period, all new hires will be required to complete a union orientation not to exceed thirty (30) minutes in duration per session. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the sixty (60) working day probationary period are not subject to the Grievance and Arbitration Articles of this Agreement.

(B) Company Seniority For purposes of this Agreement, Seniority of an employee is the length of his/her accumulated service with the Company as defined solely by the Company.

Company seniority begins on the date the employee was hired by the Company in any job classification provided for in this agreement and represents all accumulated time for which the employee has served as an employee of the Company.

(C) Bargaining Unit Seniority

For employees covered by this Collective Bargaining Agreement, effective October 1, 2005 Bargaining Unit Seniority begins on the date the employee was hired by the Company, at the specific site covered by this CBA, in any job classification provided for in this Agreement. Bargaining unit seniority represents all accumulated time for which the employee has served as an employee of the Company at the specific Company site governed by this CBA.

For employees hired after ratification of the agreement Bargaining Unit Seniority begins upon the hire or transfer date to the site covered by this collective bargaining agreement.

When two (2) or more employees have the same seniority date, seniority will be determined by alphabetical order starting with the employee‟s last name, first name, and if necessary middle name.

(D) Re-entering the Bargaining Unit

An employee who re-enters the bargaining unit within six (6) months from a position taken outside the bargaining unit but within the Company may return to the last classification held, provided a vacancy is open for that classification and he/she meets the definition of fully qualified as defined in Article IV, Section 2 and has sufficient bargaining unit seniority to return.

For purposes of this paragraph, bargaining unit seniority does not accumulate while outside the bargaining unit.

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(E) Seniority for vacation eligibility and benefit determination purposes will not be affected by Sec 1(D) above. The employee‟s bargaining unit seniority would be frozen until such time as the employee returned to the bargaining unit within the six (6) month period contained in Sec. 1(D) above and would accumulate going forward from the date of return.

Section 2 – Layoffs and Recalls

When a reduction is required, probationary employees will be laid off first. When a reduction is required in any Electronic Technician (ET) classification in a Branch, the least senior ET employee(s) will be laid off by Branch.

When a reduction is required in the Maintenance Branch, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. When a reduction is required in the Helicopter Branch, the least senior employee(s) in the Classification to be reduced will be laid off. When a reduction is required in the Aircraft Branch, the least senior employee(s) in the Classification to be reduced will be laid off. Transient Alert Center will be treated separately as an individual Work Center for the purposes of this Article IV, Section 2. When a reduction is required in the Transient Alert Center, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. Before hiring the Company will recall the most senior laid off Employee(s) to perform the work in areas from which laid off.

As an exception to Sec 3(c) of this Article IV, when an Employee reports within five (5) days in response to recall that he/she can not report to work within thirty (30) days due to a temporary disability as documented by a Doctor‟s note, that Employee will be permitted to report to work within those thirty (30) days. During such delay, the Company may recall the next senior Employee to perform the work. An Employee who refuses such a temporary recall will still be eligible for recall as defined in this Article IV.

Section 3 - Loss of Seniority

Employees shall lose all seniority rights and employment shall cease for any of the following reasons:

a. Resignation

b. Discharge for just cause.

c. Failure to report to work within fifteen (15) days after recall from layoff.

d. Absence due to layoff for twenty-four months.

e. If the employee fails to return from a Company approved Leave of Absence, within 3 calendar days.

f. If the employee gives a false reason for a Leave of Absence or engages in gainful employment with another employer during such leave.

g. If any monetary settlement is made with an employee covering total disability.

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h. If an employee falsifies information on his/her application for employment. The falsity may become known at any time after the employee‟s date of hire.

i. No call no show for work for three (3) consecutive scheduled workdays.

j. Failure for any reason, to secure a government clearance within twelve (12) from date of hire in accordance with Article I, Section 7.

k. Failure for any reason, to maintain a government clearance in accordance with Article I, Section 7.

l. Refusal to take a drug test directed by the Company, as required by Company Policy.

Section 4 – Seniority List & Seniority Rights

A. Seniority List

The Company shall prepare and maintain a Seniority List by classification and Branch to record the Company seniority and bargaining unit seniority of each employee in the bargaining unit. The Union Stewards shall each be provided a copy of the Seniority List and shall be notified of all changes on an annual basis. Monthly, the Company shall provide a list to the Chief Steward with the names of bargaining unit employees who have resigned, who are promoted outside of the bargaining unit and who have gone on a leave of absence. Each employee shall have the right to protest any error in his /her seniority status. Any Company data including seniority list(s) that is stamped Proprietary, Confidential or Company Private, etc. furnished to the Union needs to be protected as Company proprietary information and cannot be given to outside third parties. Information provided to the Union shall not be duplicated.

B. Seniority Rights

A laid off employee will continue to retain and accumulate seniority for twenty-four (24) months. After this twenty-four (24) month period, if the employee is not recalled, he/she will lose all seniority.

Section 5 – Job Openings

All job openings will be posted on a posting board in each Branch for five (5) working days.

The posted job openings will list the job requirements including applicable licenses, certifications, qualifications and experience.

Copies of all job openings will be given to the Chief Steward.

An employee can apply for a job opening by completing an application form provided by the Company along with a resume.

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The Company will select the most senior qualified (based on training and experience records) employee who applies for the Senior job openings.

The Company will select the most senior most qualified employee who applies for the Lead job openings.

An employee promoted to the Senior position will serve a thirty (30) day probationary period during which time he or she may be removed from such a position for failure to meet performance requirements. An employee so removed will be returned to his or her pervious position.

Section 6 - Shop Steward/Executive Board Seniority

To the extent permissible under Law, Shop Stewards and members of the Executive Board employed by the Company shall be given seniority over all employees whom they represent during reduction in forces, provided there is full time work in their classification. If there is not such full time work, the Company will assign such Employee to a position commensurate with his/her skills and experience.

If for any reason an Employee ceases to hold one of the specified Union positions and, as a result, no longer has sufficient natural bargaining unit seniority to remain in the classification, the employee shall be transferred or subject to layoff in accordance with the seniority principles of this Agreement.

The Union shall promptly notify the Company in writing when there is a change in the designation of Shop Stewards or members of Shop Committees.

Section 7 – Shift Preference

When there is a vacancy in any classification, the Company will honor requests on file to laterally transfer to change shifts in the same classification and work center from the senior qualified (all required training, certification and qualification on the platform of the vacancy to be considered fully qualified) employee making such a request. This employee assigned to such a vacancy will be moved to the vacancy after the following has been completed:

A qualified employee is placed on the…