FA7022-15-R-0006_Attch-3_CBA_2013-2017.pdf

AGREEMENT

BETWEEN

RAYTHEON TECHNICAL SERVICES COMPANY

AND

LOCAL UNION NO. 2088

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

AFL-CIO

SHIP(S) and MAINLAND

COLLECTIVE BARGAINING AGREEMENT

2013-2017

TABLE OF CONTENTS

ARTICLE I RECOGNITION

1.01 – Exclusive Representation

1.02 – Work Covered

1.03 – Interpretation

ARTICLE II RECOGNITION OF RIGHTS

2.01 – Recognition of Rights

2.02 – Strikes, Lockouts, and Related Interruption of Work

ARTICLE III UNION SECURITY

3.01 – Union Shop

3.02 – Introduction of Employees

3.03 – Checkoff

3.04 – No Discrimination

ARTICLE IV GENERAL SALARY PROVISIONS

4.01 – Salary Rates

4.02 – Salary Rates For New or Revised Occupational Classifications

4.03 – Promotions And Upgrades

4.04 – Night Shift Differential

4.05 – Show Up and Call-In Pay

4.06 – Marine Service Compensation 4.06(A) – Temporary Duty Assignments Differential Pay

4.07 – Irregular Work Periods

4.08 – Scheduled Minimum Early In Pay

4.09 – Odd Work Week Differential

4.10 – Scheduled Days Off At Sea

ARTICLE V HOURS AND OVERTIME

5.01 – Definitions

5.02 – Computation Of Overtime Pay

5.03 – Turnabout

5.04 – Cancellation Of Irregular Report Time

5.05 – Meal Periods

5.06 – Change In Shifts

5.07 – Transfers

5.08 – Distribution Of Overtime

5.09 – Pyramiding Of Overtime

5.10 – TDY Travel Time

5.11 – Trip Allowance

5.12 – Training

5.13 – Regular Employees

5.14 – Hazardous Duty Compensation

ARTICLE VI VACATIONS AND SPECIAL LEAVE

6.01 – Vacation Policy

6.02 – Eligibility And Payment

6.03 – Vacation Deferral

6.04 – Payment In Lieu Of Vacation

6.05 – Special Rules Governing Vacations

6.06 – Vacation Eligibility Upon Return From Approved Leave Of Absence Or Layoff. 21

6.07 – Special Leave Policy

6.08 – Special Leave Eligibility And Payment

6.09 – Special Leave Deferral

6.10 – Payment In Lieu Of Special Leave

6.11 – Authorized Travel

6.12 – Company Paid Vacation/Special Leave

6.13 – Company Business While on Vacation…………………………………………….. 24

ARTICLE VII HOLIDAYS

7.01 – Designated Holidays

7.02 – Pay For Designated Holidays

7.03 – Observance Of Holidays

7.04 – Special Rules Governing Holidays

7.05 – Temporary Duty Assignments

ARTICLE VIII CONTINUOUS SERVICE CREDIT

8.01 – Acquisition Of Continuous Service Credit

8.02 – Continuity Of Service

ARTICLE IX SENIORITY

9.01 – Acquisition Of Seniority

9.02 – Computation Of Seniority

9.03 – Termination Of Seniority

9.04 – Employees Transferred Into The Bargaining Unit

9.05 – Layoff

9.06 – Severance Pay

9.07 – Transfer Of Employees When A Seniority Group Is Discontinued

9.08 – Recall

9.09 – Shift Preference

9.10 – Seniority Privileges For Union Representatives

9.11 – Seniority List

9.12 – Room Assignment On Ship

9.13 – Seniority Groups/Work Centers

ARTICLE X PAYMENT FOR ABSENCE

10.01 – Payment For Absences

10.02 – Emergency Leave

ARTICLE XI LEAVES OF ABSENCE

11.01 – Application For Leaves Of Absence

11.02 – Leave Of Absence For An Illness Or Injury Related Disability

11.03 – Leave Of Absence For Union Activity

11.04 – Military Leave (USERRA)

11.05 – Jury Duty And Court Witness Absence And Payment

11.06 – Other Approved Absence

11.07 – Entitlement For Employment Related Injury Or Illness

11.08 – Family Medical Leave

11.09 - Medical Leave of Absence……………………...…………………………………. 34

11.10 - Notification of Changes………………………………………………………………34

ARTICLE XII GOVERNMENT SECURITY

12.01 – Defense Security

12.02 – Failure To Obtain Security Clearance

ARTICLE XIII SAFETY, HEALTH, INSURANCE, AND MISCELLANEOUS

13.01 – Safety And Health

13.02 – Safety Meetings

13.03 – Work Clothing

13.04 – Hazardous Insurance And Personal Effects Insurance

13.05 – Energized Circuits

13.06 – Benefits

13.07 – Job Posting

ARTICLE XIV COMPLAINT AND GRIEVANCE PROCEDURE

14.01 – Complaints

14.02 – Presentation of Grievances

14.03 – Arbitration

14.04 – Time For Presentation Of Grievances

14.05 – Record Of Disciplinary Action

14.06 – Investigation Of Grievances

14.07 – Designation Of Stewards

14.08 – Handling Grievances

14.09 – Scope Of Stewards’ Union Activities

14.10 – Permission To Leave Work For Union Activities

ARTICLE XV GENERAL PROVISIONS

15.01 – Bulletin Boards

15.02 – Waiver

15.03 – Invalidity

15.04 – Successors

15.05 – Effect Of Law

15.06 – Mail Service

15.07 – Drug Free Workplace

15.08 – Pay Days

15.09 – Discipline

15.10 – Company Policies, Rules And Regulations

15.11 – Uninhabitable Living Conditions

ARTICLE XVI TERM AND NOTICE OF CHANGE OR TERMINATION

16.01 – Term, Notice Of Change Or Termination

SCHEDULE A - Hourly Salary Rates

APPENDIX A - Seniority Groups

APPENDIX B - Benefits………………………………………………………………………47

APPENDIX C - Deduction Form……..………………………………………………………48

COLLECTIVE BARGAINING AGREEMENT

AGREEMENT, entered into this 14th day September, 2013 by and Raytheon Technical Services Company, hereinafter called "The Company", and the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2088 (AFL-CIO), hereinafter collectively referred to as "The Union", with respect to employees represented by the Union. All references herein to gender shall be construed as being equally applicable without any reservations to both males and females.

ARTICLE I

RECOGNITION

SECTION 1.01 – EXCLUSIVE REPRESENTATION.

The Company recognizes the Union as the sole and exclusive collective bargaining agency and representative, with respect to rates of pay, salaries, hours, and other conditions of employment for all employees regularly assigned to the Mobile Sensors Program performing the work customarily and traditionally assigned to employees at Patrick Air Force Base (MSMO), in the occupational classifications listed in Schedule A, whether working aboard the USNS Observation Island, USNS Invincible, USNS Howard O. Lorenzen (including any replacement and supplementary vessels) or temporarily at locations on different vessels or ashore for the performance of work assigned to the Company, but EXCLUDING:

all Office Clerical, Confidential and Professional employees; all Guards; all Managers and other supervisors as defined in the Labor Management Relations Act, as amended.

SECTION 1.02 – WORK COVERED.

The work of the occupational classifications covered by this Agreement shall be performed only by employees in the bargaining unit except that bargaining unit work may be performed by non bargaining unit personnel under the following conditions:

(A) Instruction and Training.

(B) In emergency or unforeseen circumstances beyond the Company's control.

(C) In order to prevent injury to employees or damage to Company property or equipment.

(D) In circumstances which are required to ensure the quality of performance and/or the satisfaction of the Company's obligation and responsibilities as a contractor to the Government.

It is further agreed that under normal circumstances, no regular full-time employees on payroll shall suffer a diminution of normal work opportunity as a result of non-bargaining unit employees performing bargaining unit work.

Additional or new work directly related to the ship(s) contract awarded to the Company under its present contract, and involving the performance of tasks requiring employees with skills similar to those of the employees in the classifications listed in Schedule 'A', shall automatically be included in the unit for which the Union is recognized, and the parties will promptly meet to negotiate any necessary adjustments of this Agreement for such new or additional work.

SECTION 1.03 – INTERPRETATION.

Only the Company's Labor Relations Director or the Business Manager of the Union, hereafter referred to as the parties, may interpret, alter, or amend this Agreement by mutual action in writing and no individual employee of the Company, or groups of employees shall have cause to complain. Therefore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon individual employees or groups of employees whether such action be prospective or retroactive.

ARTICLE II

RECOGNITION OF RIGHTS

SECTION 2.01 – RECOGNITION OF RIGHTS.

Except as otherwise expressly provided in the Agreement, nothing herein shall limit the Company in the exercise of the rights and functions of the ownership or management, including the right to determine the number and location of its facilities and the methods, quality standards and schedules of operations, to manage the facilities and to direct the working forces. The right to hire new employees, to assign work, to discipline or discharge employees for just cause, to promote or transfer employees, to lay off for lack of work or other legitimate reasons, to make such reasonable rules and regulations relating to the conduct of its employees as it considers necessary or advisable for the efficient conduct of its business, and to require employees to observe such rules and regulations, and to determine the hourly schedules of employment shall be vested exclusively in the Company. It is agreed that the enumeration of the rights and functions of management herein reserved shall not be deemed to exclude other rights or functions of ownership or management not so enumerated. Management rights shall not be arbitrated except to the extent that they are expressly abridged by a provision of the Agreement.

The foregoing enumeration of management rights and functions is without prejudice to the Union's duty and responsibility to represent the employees covered by this Agreement, and its rights in accordance with the provisions herein, to process grievances, disputes or differences as to the interpretation or application of any provision of the Agreement.

SECTION 2.02 – STRIKES, LOCKOUTS, AND RELATED INTERRUPTION OF WORK.

There shall be no strike, work stoppage, slow down, sit down, refusal to work, boycott, or picketing by the Union or its representatives or members, or lockout on the part of the Company during the term of this Agreement unless and until all steps of the Grievance Procedures, including Arbitration shall have been employed and one of the Parties hereto fails to or refuses to comply promptly with any final decision made against such Party hereunder, provided that an employee covered by this Agreement may refuse to enter upon premises occupied exclusively by an employer other than the Company if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize pursuant to the Labor Management Relations Act of 1947, as amended.

If a strike should occur, management employees and all other employees not covered by this Agreement, including guards, firemen, and other plant protection and maintenance employees, shall be permitted to perform their respective functions without interference by the Union or its members on the basis of a plan mutually agreed upon for such purpose by the Company and the Union.

In consideration of this Section, the Union agrees not to sue the Company, its officers, or representatives, and the Company agrees not to sue the Union, its officers, agents or members for any labor matters in any court of law or equity.

ARTICLE III

UNION SECURITY

SECTION 3.01 – UNION SHOP.

It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective or execution date of this Agreement, whichever is later, shall remain members in good standing and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on the thirty-first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall on the thirty-first (31st) day following the beginning of each employment, become and remain members in good standing in the Union. This provision shall not apply in any location where it is prohibited by any law, and if so prohibited it shall apply whenever the law is changed so that is may be effective.

SECTION 3.02 – INTRODUCTION OF EMPLOYEES.

Each new employee within the bargaining unit shall be introduced to the Union Steward by the supervisor in the activity to which such employee will be permanently assigned as soon as possible, but in no event later than five (5) working days after he/she reports to his/her supervisor for regular assignment; each employee transferred from another section or shift shall likewise be introduced. The Union Steward's function under the section is to explain the duties of the Steward.

SECTION 3.03 – CHECKOFF.

Upon receipt of an employee's written authorization, which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable Collective Bargaining Agreement, whichever occurs sooner (when revocation is not otherwise provided by local law), the Company shall deduct from such employee's salary, in accordance with this Agreement such employee's initiation fee and, on the first payday of each month, the employee's Union dues and remit same to the duly authorized representative of the Union, together with a list of names of the employees from whose pay deductions were made. Such a written authorization may be revoked by the employee by written notice by registered mail received by the Company during the ten (10) day period prior to the end of any applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective Bargaining Agreement, whichever occurs sooner. In the absence of such notice of revocation, the authorization shall be renewed for an additional yearly period or until the end of any applicable Collective Bargaining Agreement, whichever occurs sooner. The Union agrees to hold the Company free from all liability in connection with the collection of initiation fees and dues except for ordinary diligence and care in transmittal of the monies to the Union.

SECTION 3.04 – NO DISCRIMINATION

There shall be no discrimination by the Company or the Union against any employee because of sex, race, color, national origin, creed, age, veteran's status, marital status, or disability, as defined by the American's with Disabilities Act. The Company will notify the Union in advance of any proposed accommodations and the Union will have the option to discuss with the Company any concerns. The Parties agree all accommodations agreed to will be in accordance with the terms and conditions of the Collective Bargaining Agreement.

It is agreed that the Company and Union and their agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any member of the bargaining unit because of any lawful activities on behalf of the Union, union memberships or non membership.

ARTICLE IV

GENERAL SALARY PROVISIONS

SECTION 4.01 – SALARY RATES.

The Hourly Rates for employees covered by this Agreement shall be effective as set forth in Schedule A, attached hereto and made a part hereof.

SECTION 4.02 – SALARY RATES FOR NEW OR REVISED OCCUPATIONAL CLASSIFICATIONS.

In the event that Company establishes a new or revised occupational classification in the bargaining unit, the applicable salary rate shall be determined by negotiation between the Company and the Union.

Operations shall not be delayed through failure to immediately agree upon salary rate applicable to any such occupational classification. In such cases, pending the results of negotiations, the Company will establish the new or revised occupational classification and the Company-proposed salary rate applicable thereto and shall place such occupational classification and such salary rate into effect. Negotiated rates finally established which are higher than the Company-proposed rate will be paid retroactive to the date of the start of the occupational classification.

SECTION 4.03 – PROMOTIONS AND UPGRADES.

Before employees are hired from the outside to fill vacancies in all grades other than Labor Grade 1, it is the intention of the Company to promote from within the bargaining unit if available employees have the skill and ability necessary to do the work as determined by the Company.

In such instance the senior qualified employee will be promoted but the Company will make the final determination relative to promotions. Chief positions, Specialist positions, and Lead positions will be filled internally within work centers within seniority groups.

When the Company determines that there should be an individual assigned as a Lead, they will select an individual to perform the lead duties. The duties for each lead position may vary based upon the seniority group and work that is being performed. Typical duties of a Lead may include:

drafting watch bills for the Ship Operation’s Manager (SOM) approval, scheduling preventative maintenance, drafting Standard Operating Procedures, reporting equipment status to the SOM, etc. Lead positions will normally be filled as LG-12 or LG-13. If an individual is promoted to perform the lead position duties and subsequently stops performing lead duties at their request or the companies, then they will be reverted to their former Labor Grade.

Notwithstanding the above, in the event that there is a dispute regarding the Company's decision in filling a vacancy, including but not limited to the seniority or qualifications of any applicant, the employee and/or the Union shall have the right to contest the Company's decision by filing a grievance and utilizing the grievance procedure up through and including arbitration. The Company shall have the right to fill vacancies in grades other than Labor Grade 1 from among applicants outside the bargaining unit only if there are no qualified existing employees who submitted their request to fill the vacancies.

Employees in the following occupations will be upgraded upon completion of the time on active payroll in the lower grade as specified below:

CLASSIFICATION TIME SCHEDULE

From: Electronic Technician B To: Electronic Technician A

After a thirty-six (36) month period as an Electronic Technician B

From: Quality Inspector To: Quality Analyst

After a twenty-four (24) month period as a Quality Inspector

From: Quality Analyst To: Senior Quality Analyst

After a thirty-six (36) month period as a Quality Analyst

From: Junior Technical Clerk To: Technical Clerk

After a twelve (12) month period as a Junior Technical Clerk

From: Drafter C To: Drafter B

After a twenty-four (24) month period as a Drafter C

From: Drafter B To: Drafter A

After a thirty-six (36) month period as a Drafter B

From: Procurement Analyst To: Sr. Procurement Analyst

Procurement Analyst

From: Comm Center Operator To: Sr. Comm Center Operator

Comm Center Operator

From: Sr. Comm Center Operator To: Chief Comm Center Operator

Sr. Comm Center Operator

The duties of employees classed in different occupations within the same seniority group are interchangeable, and the distinction between occupations within the same group is based on the experience of the employees in that occupation and not upon the work specifically assigned to the employee. All of the above occupations are treated as one occupation for the purpose of layoff and recall under Article IX of the Agreement.

With the exception of the foregoing, it is understood there is no automatic progression from one occupational classification to another.

In the event that an employee is promoted or upgraded to a higher rated occupational classification, the employee shall receive the applicable salary rate. The Union will be advised at least one week in advance of promotions and upgrades becoming effective.

SECTION 4.04 – NIGHT SHIFT DIFFERENTIAL.

For employees assigned to a ship(s), the following shall apply:

In U.S. ports only, a shift differential of 10% of the employee's straight time base rate shall be paid for all continuous time worked on a night shift or in conjunction with a night shift. An employee shall receive the night shift differential for hours worked before or after his/her regular shift.

In non-U.S. ports and at sea, employees who are normally assigned to work a night shift which qualifies for a night shift premium will receive appropriate shift premium for all continuous hours worked in conjunction with his/her regularly scheduled night shift even when the employee's shift begins before or extends after the normal shift period.

At sea and in non-U.S. ports only, employees who are regularly assigned to start work at or after 12:00 noon but before 9:00P.M. shall receive $0.40 per hour additional compensation for all hours worked in the assigned work period and employees regularly assigned to start work at or after 9:00P.M. but before 5:00A.M. shall receive $0.60 per hour additional compensation for all hours worked in the assigned work period. The time when an employee actually commences work will determine whether or not the employee will receive such additional compensation.

Employees assigned to Patrick Air Force Base or temporarily assigned to the ship(s) or any other location shall receive: A shift differential of 10% of the employee's straight time base rate shall be paid for all time worked on a night shift. An employee shall not receive the night shift differential for hours worked before or after his/her regular shift if an overtime rate is received only because such hours are before or after his/her regular shift.

SECTION 4.05 – SHOW UP AND CALL-IN PAY.

An employee (A) reporting for work in the absence of notice not to report, or (B) an employee called in to work on a holiday or on one of the employees scheduled days off, or (C) an employee who is scheduled back or recalled after completing a day's assignment and has checked out and left the place of employment, shall receive not less than the equivalent pay at the applicable rate (as stated below) provided, however, that any amount paid for hours actually worked shall be credited against such minimum guarantee.

(A) Employees temporarily transferred to any other location and employees assigned to a ship while working in a U.S. Port or temporarily working ashore shall receive 4 hours pay.

(B) Employees assigned to a ship(s) while working at sea or in a foreign port, shall receive 1 hour pay.

(C) Employees assigned to PAFB (MSO) shall receive 4 hours pay.

SECTION 4.06 – MARINE SERVICE COMPENSATION.

Employees who, at the Company's direction, spend a work day aboard a ship in any port or whose work assignment is on board a ship at sea will receive not less than eight hours pay at the applicable rate for each regular work day so spent. Employees in non-U.S. ports will receive not less than eight hours pay at the applicable rate for each regular work day during the normal work week and for their first scheduled day off. Employees who, at the Company's direction, spend less than eight hours aboard a ship during a scheduled day off will be paid at the applicable rate for the actual number of hours so spent up to a maximum of eight hours. Any amount paid for hours actually worked during the regular work day shall be credited against such minimum guarantees.

Employees will be paid a differential of 30% for all hours paid of each day on board a ship at sea. When an employee spends a regular day aboard a ship at sea, it is agreed that when no work is performed there shall be no compensation for sixteen hours made up as follows: Not more than eight hours for sleeping, not more than three hours for meal periods and not more than five hours for the employee's personal pursuits. Except for the provisions of Section 5.02 Computation of Overtime Payment and the provisions of this Section, an employee will receive no additional payments while the ship is at sea or in non-U.S. Ports.

SECTION 4.06(A) – TEMPORARY DUTY ASSIGNMENTS DIFFERENTIAL PAY.

Employees normally assigned to Patrick Air Force Base who are assigned temporary duty outside the contiguous United States or to a seagoing vessel will be paid their straight time hourly rate plus a differential of 30% in addition to any premiums or differentials which may be applicable for all hours worked. Employees normally assigned to a ship who are temporarily assigned to a land location outside the contiguous United States will receive a differential of 30% for all hours worked.

Eligibility for differential payment will start on the day of arrival on ship and stop on the day of departure from ship.

It is agreed that in an uncovered work week, employees will not be required to work extended periods of overtime and to work on scheduled days off unless the work is required to cover bona fide emergency situations. Any extended periods of overtime and work on scheduled days (except for emergency situations) require prior approval of Program Manager or his designated representative and will be compensated at the appropriate overtime rate.

SECTION 4.07 – IRREGULAR WORK PERIODS.

An employee, available for work, will not be paid less than eight (8) hours pay for a work day that is less than eight (8) consecutive hours. It is not the Company's intent to implement split shifts.

For purposes of this provision only, hours of work performed before midnight will be considered as performed in the calendar day ending at midnight and hours of work performed after midnight will be considered as performed in the calendar day starting at midnight. When an employee's "regular shift" includes midnight, his/her "regular work day", for the purposes of this provision, will be the twenty-four

(24) hour period beginning with the starting time of his/her "regular shift".

Except as set forth above, this provision shall not be deemed to modify or invalidate any other provision of the Collective Bargaining Agreement.

SECTION 4.08 – SCHEDULED MINIMUM EARLY IN PAY.

Employees normally assigned to Patrick AFB or TDY from the ship(s) will not be required to report to work within one hour of his/her regular shift start time. If an employee is required to report early, the employee will be compensated for such time. If requested to report early the employee is guaranteed a minimum of one hour.

SECTION 4.09 – ODD WORK WEEK DIFFERENTIAL.

An employee normally assigned to Patrick Air Force Base or temporarily assigned to another location other than a ship(s) and normally assigned to or working an odd work week schedule (other than Saturday and Sunday off), will receive an odd work week premium of seventy-five (75) cents per hour for all hours worked.

SECTION 4.10 – SCHEDULED DAYS OFF AT SEA.

While at sea, it is not the Company's intent to require employees to work on their scheduled days off.

However, due to emergency or mission essential situations all employees will be required to work as necessary.

Every effort will be made by the company’s ship operations manager to avoid having to assign non-emergency work to employees on their SDO.

During times at sea, that employees are called in on their SDO to support contractor work on equipment not yet accepted as operational by the Government, an extra ½ (one half) hour rate of pay on top of their normal SDO pay rate, will be paid for every hours or partial hour worked. Examples include: Pre-IOC REM support unless the ship is at TSA/TSP. Pre-FMC Mount Controller unless at TSA/TSP. To address the transition of equipment, this agreement will remain in effect for a period of 90 days past IOC.

ARTICLE V

HOURS AND OVERTIME

SECTION 5.01 – DEFINITIONS.

The Parties recognize the importance to the defense effort of the work being performed under the terms of the Agreement, and the Company agrees that consistent with meeting operational requirements every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned shifts Monday through Friday.

• "Normal Work Week", except at sea, the "normal work week" shall consist of five (5) consecutive days, not exceeding eight (8) hours in any one "regular work day" of twenty-four

(24) hours. The "regular work week" for all employees shall begin at 00:00 Saturday and end at 23:59 the following Friday (i.e., seven (7) consecutive calendar days, Saturday to Friday inclusive). Once beginning time of an employee(s) regular work week is established, it may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Fair Labor Standards Act."

At sea, the "normal work week" shall consist of seven (7) consecutive days, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours, with the following exception: When crossing the International Date Line Westbound (i.e., from the Western to Eastern hemispheres), the "normal work week" shall consist of six (6) consecutive days, and when crossing the International Date Line Eastbound (i.e., from Eastern to Western hemispheres), the "normal work week" shall consist of eight (8) consecutive days, with the same "regular work day" limitations remaining applicable.

• "Scheduled Days Off'". Each employee shall have two (2) consecutive "scheduled days off" in each "regular work week". A "scheduled day off" shall be a regular work day during which no "regular shift" is scheduled to start. For employees whose scheduled days off are Sunday and Monday and whose regular shift spans 12:01A.M., Sunday shall be considered the first scheduled day off and Monday shall be considered the second scheduled day off for the purpose of determining the applicable rate for hours worked on scheduled days off in accordance with Section 5.02. Computation of Overtime Payment.

• "Regular Work Day". For the determination of daily overtime and overtime worked in the "regular work week", on "scheduled days off", and on holidays the "regular work day" will be used and will consist of twenty-four (24) consecutive hours, from 12:01A.M. to 12:00 o'clock midnight (the calendar day). In all cases, the first "regular work day" in the "regular work week" will begin at the time the "regular work week" begins (i.e., 12:01A.M. Monday). Hours worked on or in conjunction with a "regular shift" starting in the "regular work day" will be counted as worked in such "regular work day". At sea and in non-U.S. ports only, hours worked in a work period which continues into the following "regular work day" will be counted as worked in the "regular worked day" in which the period commenced, only for the purposes of determining the applicable rate in accordance with Section 5.02.

• "Regular Shift". A "regular shift" shall be scheduled in advance, and shall consist of eight (8) consecutive hours during a "regular work day", exclusive of meal periods. A "regular shift", once set, can not be changed except by proper notice as defined in Section 5.06 Change in Shifts.

• "Night Shift". The term "night shift" shall mean any Regular Shift starting at or after 1:00 P.M. and before 6:00 A.M. The time when an employee actually commences work will determine whether or not the employee has worked a "night shift" for the purposes of shift differential pay only. For employees regularly assigned to a ship who are at sea or in a non- U.S. port, Section 4.04 will apply.

• "U.S. Ports". The term "U.S. Ports" shall mean those ports in which the Fair Labor Standards Act applies.

• "At Sea" and "In Port". A ship will be considered to be "at sea" for each full "regular work day" spent at sea, and will be considered to "in port" for each full "regular work day" spent in a port. The day of arrival in a port and the day of departure from a port will be considered "at sea".

• "Base Rate". An employee's base rate for purposes of this agreement shall be the employee's straight time hourly rate applicable to his/her classification, exclusive of any differentials.

• "Working Rate". An employee's working rate for purposes of the Agreement shall be the employee's base rate of pay plus any differential(s) or premium(s).

• "Odd Work Week". An odd work week shall be any five (5) consecutive work days that do not include Saturday and Sunday as the scheduled first and second days off.

• "At Sea Port". Adak (AK), Dutch Harbor (AK), Guam, Yokohama (Japan), Sasebo (Japan), Bahrain, Jebel Ali (UAE), and Ascension port(s), except for Maintenance and Repair Availability (MRA) or Regular Overhaul/Ship Yard (ROH/SY) periods, will be considered as at sea for pay purposes, provided the employee(s) are continuing to live aboard ship.

SECTION 5.02 – COMPUTATION OF OVERTIME PAY.

Overtime compensation shall be computed on the basis of actual overtime worked to the nearest one-tenth (1/10) hour. Employees assigned to Patrick Air Force Base or temporarily transferred to other locations and employees assigned to a ship who are working in U.S. Ports or temporarily transferred to another location other than a ship shall be paid for overtime hours worked which shall be computed at the following rates:

Time and one-half of the employees working rate shall be paid:

(A) For hours worked in excess of eight (8) and not in excess of eleven (11) in a regular work day.

(B) For the first eleven (11) hours worked on the first scheduled day off.

(C) For hours worked before the commencement or after the ending of the employees "regular shift".

Double time of the employees working rate shall be paid for:

(D) Hours worked on the employees second scheduled day off.

(E) Hours worked over eleven (11) in any continuous work period.

For employees assigned to a ship(s) at sea and in non-U.S. ports, time and one-half the employees working rate (excluding night shift differential) shall be paid:

(F) For hours paid on scheduled days off in non-U.S. Ports, and on the 6th and 7th days in a regular work week, when such hours are paid because of the requirements of Section 4.06, Marine Service Compensation.

(G) For hours actually worked in excess of eight (8) hours in a regular work day.

SECTION 5.03 – TURNABOUT.

The following applied to all employees except those employees assigned to a ship and working at sea or in a foreign port:

When an employee is required to report to work without being given at least ten (10) hours off after the completion of the employees previous work period of not less than eight (8) hours, the employee shall be paid at the applicable rate for all time worked during the succeeding work period. For purposes of determining the applicable rate under the foregoing, break time will accumulate, although there shall be no payment for such break time.

An employee will not be obligated to work more than twenty-four (24) continuous hours. Whenever an employee works twenty-four (24) continuous hours, he/she will be given at least a ten (10) hour break before being required to report for his/her next work period.

SECTION 5.04 – CANCELLATION OF IRREGULAR REPORT TIME.

The following applies to all employees except those employees assigned to a ship and working at sea or in a foreign port:

If the Company fails to notify an employee at least ten (10) hours in advance, of cancellation of a reporting time other than the start time of his/her "Regular Shift", the employee shall be permitted to report for such assignment unless notice of cancellation is given prior to his/her departure from his/her assigned work place during the last work period prior to such assignment.

SECTION 5.05 – MEAL PERIODS.

Employees shall be entitled to a meal period during which they shall be relieved of their duties. No employee shall be required to work more than six (6) hours during a regular shift without being given a meal period of not more than one (1) hour, such meal period to be given after the third hour and to be completed by the sixth hour. In the event an employee is not relieved of duties for a meal period during the normal work week in accordance with the foregoing, even though the employee may be permitted to eat while on the job, the employee shall be compensated for such time and, if requested by the employee, shall be permitted to work eight (8) hours, plus the time normally allotted for his/her meal period. If a work period extends beyond eight (8) hours, additional meal periods may be granted when requested by the employee and approved by supervision.

Meal periods will not be scheduled on scheduled days off, as defined in Section 5.01 (B), or on Night Shifts, as defined in Section 5.01 (F), unless the work period extends six (6) hours or more, except when requested by the employee and approved by supervision.

An employee may request, with management approval, to take a "NO LUNCH" and work a straight eight

(8) hours before being released.

SECTION 5.06 – CHANGE IN SHIFTS.

Shifts for employees assigned to a ship(s) will continue to be scheduled as established. Changes in shifts will be made only as dictated by operational requirements and no shift change shall be made until the Union has been advised of such change. Regular shifts shall be scheduled in advance and shall be effective on Monday. The Company shall give notice of at least seven (7) calendar days of any change in regular shifts to the Union and the employees affected.

Shifts for employees who are assigned to Patrick Air Force Base or temporarily transferred to another location or employees assigned to a ship(s) and are temporarily assigned to another location other than a ship, will continue to be scheduled as established. Changes in shifts will be made only as dictated by operational requirements. No shift change shall be made until the Union has been advised of such change. All shift schedules shall be scheduled in advance, shall be effective on Monday and shall not be less than seven (7) calendar day duration unless an overtime rate is paid. The Company shall give notice of at least seven (7) calendar days of any change in regular shifts to the Union and the employees affected. In the event seven- (7) calendar days notice of a shift change is not provided, an employee shall be paid time and one-half (1 ½) the straight time hourly rate for all days which seven (7) calendar days notice was not provided. Payment will occur unless the reason for the shift change is the result of actions, which are beyond the Company's ability to control. Shift assignment in areas with more than one shift shall be bid quarterly on the basis of seniority.

For employees assigned to a ship(s) in the event seven (7) calendar days notice of a shift change is not provided, the employee(s) shall be paid time and one-half (1 ½) the straight time hourly rate for all days for which seven (7) calendar days notice was not provided. Payment will occur unless the reason for the shift change is the result of actions, which are beyond the company's ability to control. Shift changes to be done quarterly, in non-U.S. Ports and at sea, and seven (7) days notice will be given unless it is an emergency situation.

SECTION 5.07 – TRANSFERS.

An employee may be temporarily assigned to work at any location. Such assignment will not normally exceed forty-five (45) calendar days, but may be extended when the location of the ship involved does not permit returning the employee to his/her regularly assigned work location. When transferred on a temporary basis, the employee shall be permitted by the Union to work at the assigned location, on a temporary basis, provided there is no adverse effect on the full time earnings of more senior employees in the bargaining unit. An employee will receive a minimum of three (3) working days advance notice of a temporary duty assignment except in cases of emergency as directed by the Customer.

Changes in permanent work location within the same seniority group shall be by classification and on the basis of seniority.

SECTION 5.08 – DISTRIBUTION OF OVERTIME.

Overtime shall be distributed equitably among the employees within the respective groups consistent with efficient operation. The first available overtime will be offered to the available qualified person with the least number of hours on the overtime list. The computation of overtime shall be in converted time (i.e., eight (8) hours worked at time and one-half shall be paid charged as twelve (12) hours worked). The Company shall make overtime records available to the employees and the Union as soon as possible following the close of the pay period.

SECTION 5.09 – PYRAMIDING OF OVERTIME.

No employee shall receive more than one overtime rate for the same hours worked, and if more than one rate is applicable to the same hours worked, the higher rate only shall be paid.

SECTION 5.10 – TDY TRAVEL TIME.

An employee who travels to or from a TDY assignment will be paid for such travel time at his/her straight time hourly rate for all hours traveled.

An employee who is required to travel to or from a TDY assignment on one of his/her scheduled days off will be paid for such travel at a time and one-half (1 ½) base rate.

All travel on scheduled days off must be approved by the employee's manager.

Employees who travel to seminars/schools on scheduled days off will receive straight time pay for all hours traveled.

Employees who opt to travel on their scheduled days off will receive straight time pay for all hours traveled.

For commercial flights, departure time from residence shall be two (2) hours prior to scheduled airline check in time, and time spent in travel status to final destination shall be used for computation of travel pay. On returning commercial flights travel time to residence shall be one (1) hour after flight arrival if within Brevard County and two (2) hours if flight arrival outside Brevard County.

For Government furnished travel, scheduled report time on departure and one (1) hour after clearing customs on return will be used for computation of travel pay.

At TDY locations, travel from hotel to airport of departure and time spent in travel status to final destination will be used for computation of travel pay.

All travel times shall be based on "Local Time" at the location where the travel starts and shall remain on that "Local Time" until the employee completes the TDY travel or RONs overnight

SECTION 5.11 – TRIP ALLOWANCE.

The Joint Travel Regulation shall be followed in determining reimbursable expenses for lodging, meal allowances, and incidental expenses incurred on company business for travel inside or outside the United States. The rates will be considered reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel set forth in the Joint Travel Regulation. A written justification for a rate of a higher per diem must be documented by the employee to support actual cost incurred. Hotel, motel brochures will suffice and restaurant menus are preferred if available.

1) Telephone calls. (Limited to $7.00 per call in the U.S., including AK and HI, and $15.00 outside of the U.S.)

- One call upon arrival

- One call after seven days

- One call per change of plans: (Change of departure date or delayed enroute more than two (2) hours)

- One call at each RON

Employees may make more than one phone call in the instances listed above provided the total charges don’t exceed the amounts listed above.

2) Laundry.

- Laundromat: $20.00 per week, after four days. Receipt required.

- Dry Cleaning: After four days. Maximum $20/week. Receipt required.

3) Receipts are required for all taxi fares:

- Original receipts are maintained by the employee, copies are submitted for reimbursement.

4) Travel.

- Total travel status time must be in excess of 14 hours for an employee to be eligible for

RON.

- Outside U.S. permissible RON midpoint with minimum twelve (12) hour rest, not to exceed 24 hours.

- In emergency situations (as approved by the customer), employees may be requested to travel without a RON. In such cases, no higher than business class airline accommodations may be used.

- Commensurate with the travel restrictions as stated in FAR 31, employees assigned to Mobile Sensors that are required to travel internationally, and who can provide a documented quoted coach air fare that is lower in cost than the company’s travel agency’s quoted coach air fare tickets and such cost will be reimbursed through the company’s expense reimbursement system.

- Advance approval for the ship’s Operations Manager or Program Manager will be required to purchase the lower cost air fare

- The air carrier from which the tickets are purchased must comply with the most current version of the Fly America Act

- Tickets must be purchased utilizing the company’s corporate credit card

5) Government Lodging – will be utilized when authorized and available:

- If an employee is assigned to a room which is substandard, i.e., not comfortable and sanitary, and less than the normal equivalent of U.S. family class accommodations, the employee will notify the senior Company Management Official at the location. The Company will have 24 hours to correct the deficiency or assign employee to a suitable room. If no reasonable accommodations are available, the Company official will authorize the employee to secure commercial accommodations.

In the event TDY assignments are to be made at locations utilizing Government or BOQ Lodgings, the Company will notify the Union in advance of its intentions, and reasons for using those facilities rather than commercial lodgings. However, Government or BOQ Lodging will only be utilized when commercial lodging is not available. Lodging shall be comfortable and sanitary and not less than the normal equivalent of U.S. family class accommodations (e.g., Holiday Inn or equivalent).

6) Travel Funds.

Company Sponsored Credit Cards – Company sponsored credit cards will be obtained by all employees who are likely to travel in the performance of company business activities. Travel cash advances will be limited, except in special cases, to $50.00 per day for U.S. travel and $100.00 per day for international travel. Employees will be expected to charge lodging, rental cars and airline tickets using this card.

Any employee working outside the 48 contiguous United States, who is treated in a medical facility where company insurance is limited or not provided and immediate payment is demanded, may use the corporate company credit card to pay for the cost of treatment. Individuals are responsible for these payments.

7) Meals and Incidental Expenses.

The Parties agree that the Company will pay employees the maximum of the J.T.R. Meals and Incidental (M&I) expenses amount applicable to the location to cover their expenses for meals, laundering of personal clothing, fees and tips to waiters, waitresses, porters, baggage carriers, bellhops, hotel maids, dining room stewards or stewardesses. Furthermore, service charges for fans, air conditioners, and heaters furnished in rooms, when the charges are not included in the room rate, taxes and service charges on expenses listed above are also considered included in the M&I amount.

8) Miscellaneous Expenses.

These expenses are not part of M&I subsistence expenses and should be listed separately on expense vouchers. 1. Storage of Property. 2. Commission for conversion of currency in foreign countries. 3. Fee for cashing U.S. Government checks or drafts. 4. Traveler checks, money orders or certified checks purchased in connection with official travel outside the U.S. 5. Airport taxes, landing fees, port taxes, embarkation or debarkation fees, boarding taxes and airport fees or service charges.

9) R.O.N. – In accordance with the Joint Travel Regulation (JTR).

10) Company Secured Lodging.

The Company agrees to secure a list of preferred hotels. The Company will then try to negotiate favorable rates with the hotels on the list. When favorable rates are secured, the Parties agree that employees will not indiscriminately move from these secured accommodations to other accommodations where the costs will exceed the Company's negotiated rate without providing justification for such a move. When the justification is not acceptable or when no justification has been provided, the employee will be expected to pay the additional costs. The company travel agency will make all arrangements for transportation and accommodations. Lodging will be single status.

11) Crossing International Date Line.

When crossing the International Date Line traveling west, no 2-day charge on T&E's; however, upon returning east, 2-day charges for meal allowance will appear on T&E's.

SECTION 5.12 – TRAINING.

The Company will provide technical training as required by the customer. Employees will be scheduled for training in accordance with the needs of the program; however, seniority will be considered in such scheduling.

Employees reassigned as a result in a reduction in force (RIF) within a Seniority Group will be trained as necessary.

SECTION 5.13 – REGULAR EMPLOYEES.

It is the intent of the Parties that only regular full-time employees of the Bargaining Unit will be permitted to perform Bargaining Unit work. Additional full-time employees will be hired if overtime, rearrangement of schedules or other procedures are inadequate to meet the personnel needs of the Company.

It is the intent of the Company to offer employment of not less than forty (40) hours per work week for fifty-two (52) weeks of each year to employees covered by this Agreement who are ready and available to work, provided nothing in this section shall be construed to prevent the Company from releasing employees because of lack of work or for other proper and legitimate reasons, as provided for in other articles or sections of this Collective Bargaining Agreement.

This section shall apply to all employees unless agreed to otherwise by the Parties in writing.

SECTION 5.14 – HAZARDOUS DUTY COMPENSATION.

Employees assigned, whether working aboard the Observation Island (including any replacement and supplementary vessels) or temporarily at locations on different vessels or ashore for the performance of work assigned to the Company or any replacement of such contract covering performance of such in hazardous waters or ashore shall receive any hazardous duty pay in the same form and/or amounts as is received by MSC employees aboard the same ship(s) or other Government employees at the same location ashore.

Any…