Teamsters_CBA_2013-2016.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TINKER SUPPORT SERVICES, JV

AND

TEAMSTERS LOCAL UNION 886

BASE CIVIL ENGINEERING SERVICES

PROGRAM

TINKER AIR FORCE BASE, OKLAHOMA

EFFECTIVE SEPTEMBER 1, 2013

ii

TABLE OF CONTENTS

ARTICLE 1

RECOGNITION

ARTICLE 2

RIGHTS OF MANAGEMENT

ARTICLE 3

NO STRIKES, WORK STOPPAGES OR LOCKOUTS

ARTICLE 4

REPRESENTATION

ARTICLE 5

GRIEVANCE AND ARBITRATION PROCEDURE

ARBITRATION

NON‐BINDING MEDIATION

ARTICLE 6

DISCIPLINARY CASES

ARTICLE 7

SENIORITY

ARTICLE 8

EMPLOYEE CLASSIFICATIONS

ARTICLE 9

DAYS OFF

ARTICLE 10

OVERTIME

ARTICLE 11

WORKING ASSIGNMENTS

iii

ARTICLE 12

BULLETIN BOARD

ARTICLE 13

LEAVE OF ABSENCE

ARTICLE 14

DUES CHECKOFF

ARTICLE 15

VISITATION

ARTICLE 16

UNION REPRESENTATION

ARTICLE 17

PERSONNEL RECORDS

ARTICLE 18

DRUG AND ALCOHOL FREE WORK PLACE POLICY

ARTICLE 19

COMPSENATION

ARTICLE 20

PAID TIME OFF

ARTICLE 21

MISCELLANEOUS

ARTICLE 22

BENEFITS

ARTICLE 23

DURATION AND TERMINATION

APPENDIX A

iv

COMPANY RULES

APPENDIX B

SUBSTANCE ABUSE POLICY

COLLECTIVE BARGAINING AGREEMENT

On this 1st day of September, 2013, Tinker Support Services, JV (hereinafter called the “Company”), and Teamsters Local Union 886, affiliated with the International Brotherhood of Teamsters, (hereinafter called the “Union”), hereby agree as follows:

ARTICLE 1

RECOGNITION

Section 1 The Company recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all employee of the Company, in the bargaining unit described in the certification issued by the National Relations Board Case 17-RC-11928 (Job Site: Tinker AFB, Oklahoma). Except as otherwise clear from the context, the term “employees” as used in this Agreement means employees in the above-referenced bargaining unit. Any reference to the mail gender in this Agreement shall apply equally to employees of the female gender.

Section 2 The Union shall not organize, or attempt or assist in the organization of clerical, supervisory or executive employees, or any other individuals having authority in the interest of the Company to hire, direct, transfer, suspend, layoff, recall, promote, discharge or discipline other employees, to resolve grievances or to effectively recommend such actions.

Section 3 Each new employee, after completion of the probationary period will be required to become a member of, or contribute a monthly fee in the amount of the normal dues and assessments of the Union.

Section 2.1 Except as abridged by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business including (but not limiting the generality of the foregoing) its right to establish or continue policies, practices and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change or combine work schedules and work assignments subject to the terms of this Agreement;

to transfer, promote or demote employees; to lay off terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business.

Section 2.2 It is understood and agreed that any of the authority and rights the Company had enjoyed prior to the signing of this Agreement retained by the Company except those specifically abridged delegated or granted by this Agreement.

Section 3.1 It is the intent of the parties, in the interests of attaining harmonious, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union and the employees shall resort to secure redress for any grievances arising from this Agreement.

Section 3.2 The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in any sit-down, stay-in, or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.

Section 3.3 The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in, any strike of any of the Company’s operations, or picketing of any of the Company’s plants or premises.

Section 3.4 Any employee found guilty of violating this Article will be discharged.

Section 3.5 The Company will not authorize or direct a lockout.

ARTICLE 4

REPRESENTATION

Section 4.1 The Union may appoint one (1) representative from among the employees in the bargaining unit to serve as the designated Union Representative (hereinafter referred to as the Shop Steward) and one (1) alternate Shop Steward (appointed by the designated Shop Steward). It is understood that the alternate Shop Steward will perform Shop Steward duties when the Shop Steward is not available to fulfill those responsibilities.

Section 4.2 The Company will recognize the Shop Steward for the purpose of representing employees in Steps One and Two of the Grievance Procedure. The Shop Steward will suffer not loss in pay during time spent in Steps One and Two of the

Grievance Procedure. During this state of the Procedure the Shop Steward will not interfere with not interfere with an employee while the employee is fulfilling an assigned task.

Section 4.3 No person shall have or exercise any of the authority or duties of a Shop Steward unless and until written notice of such appointment, and revocation of any previous appointments, if applicable, signed by a Representative of the Union, shall be filed with the Company’s Senior Human Resources Administrator or designated representative.

Section 4.4 The Shop Steward shall have a choice of shift and days of work so long as that choice has no adverse impact on site efficiency; does not create scheduling problems; and does not impair the ability of the Company to manage all operational requirements.

Section 5.1 The term “grievance” as used in this Agreement means any dispute arising regarding the interpretation, application, claim of breach or violation of this Agreement which a non-probationary employee has not been able to adjust with their immediate supervisor with or without his/her steward, which shall be at the employee’s discretion.

Such grievances shall be handled as promptly as possible in accordance with the following procedure:

Section 5.2 Step I: The grievance shall be reduced to writing by the Shop Steward in triplicate on a form to be mutually agreed upon by the parties, to be furnished by the Company, and to be presented to the employee’s immediate supervisor by the Shop Steward. A Step I grievance meeting will be held within three (3) working days of the supervisors receipt of the grievance. The grievance shall be answered in writing by the supervisor within five (5) working days after the grievance meeting.

Section 5.3 Step II: In the event the grievance is not satisfactorily disposed of under Step I hereof, it may be appealed by the Shop Steward to the Manager or his/her designee, in the department where the grievance arose. A Step II grievance meeting will be held within give (5) working days of the Manager’s receipt of the grievance. The grievance shall be answered in writing within five (5) working days after the grievance meeting.

Section 5.4 Step III: If the grievance has not been satisfactorily disposed of under Step II hereof, it may be referred by the Grievance Committee to the Project Manager or his/her designee. An agenda of grievances must be submitted by the Union to the Project Manager or his/her designee 48 hours prior to the scheduled meeting. The Project Manager or his/her designee shall render a decision in writing within five (5) working days after adjournment of the meeting. A full time representative of the Union shall be permitted to be present and participate in all Step III meetings if the Union so desires. The Chairman of the Grievance Committee or his/her designee shall be spokesman for the Union. The Project Manager or his/her designee shall be spokesman for the Company. There shall be no obligation on the part of the Company or the Grievance Committee to discuss any grievance, which does not appear on the agenda, except by mutual agreement.

Section 5.5 Unless a grievance shall be appealed within five (5) workdays after the decision in Step I and within five (5) workdays after the decision in Step II of the grievance procedure, such grievance shall be deemed to have been settled. Such decision shall be final and binding on the Company, the Union and the employee or employee involved. A decision rendered on a grievance in Step III of the grievance procedure shall be final and binding upon the Company, the Union and the employee or employees involved, and the grievance shall be deemed settled in accordance therewith, unless it is subject to and arbitrated as provided in this Agreement. The time limits in this Article may be extended by written mutual agreement.

Section 5.6 Any grievance must be filed as provided in this Article within ten (10) working days from the date it occurred or the date the grievant should have reasonably known. No wage claim shall be valid for a period of more than 30 calendar days prior to the filing of the grievance.

Section 5.7 Policy grievances may be presented in duplicate in Step III (Section 5.4). A policy grievance is defined as a grievance involving the interpretation, application, and claim of breach or violation of the Agreement affecting the wages, hours or working conditions of a group of employees as distinguished from a grievance affecting an individual employee.

Section 5.8 The written grievance shall set forth the complaint and remedy sought, the number of the Article and paragraph of this Agreement, which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statements, shall be dated and signed by the complaining employee and by the Shop Steward presenting the grievance; provided, however, that the Shop Steward and the complaining employee may amend the grievance and the Company may amend the answers prior to the decision in Step II. After the decision in Step II, amendments shall be made only by mutual agreement.

Section 5.9 After the Company representative has made a reply to a grievance in any step of the foregoing procedure, there shall be no obligation of such representative to discuss or consider the matter further.

Section 5.10 To obtain a Shop Steward, the complaining employee should request his/her immediate supervisor to have the Shop Steward, be sent to the location of the complaining employee. The grievance shall be handled as expeditiously as possible and the Shop Steward shall then return promptly to his/her immediate supervisor.

Section 5.11 Should it be necessary for a Shop Steward to contact a Manager or his/her designee for the purpose of processing a grievance to Step II, in accordance with Section 5.3 of this Article, the Shop Steward shall obtain from his/her immediate supervisor permission to phone the Manger or his/her designee, for an appointment.

The grievance shall be handled as expeditiously as possible and, upon completion of which, the Shop Steward shall return promptly to his/her immediate supervisor.

Section 5.12 When it is necessary for a member of the Grievance Committee to leave his/her job for the purpose of attending Step III meetings as provided herein, such Union representative shall first notify his/her immediate supervisor (or, when not available, his/her Manager) and obtain permission to leave.

Section 5.13 Union Shop Stewards will be allowed to spend such time as may be necessary or reasonable in handling grievances as provided in Step I and Step II of Section 5.2 and 5.3 of this Article without deduction of pay, provided that no part of such time shall be spent in soliciting grievances. The Grievance Committee will be allowed to spend such time as may be necessary or reasonable in attending meetings with management, as provided in Step III of Section 5.4 of this Article without deduction of pay, provided that no part of such time shall be spend in soliciting grievances.

Section 5.14 An employee having a grievance shall be given a reasonable time to take the grievance up with the proper Union representative during working hours without loss of pay to the employee, but he/she shall first obtain permission of his/her immediate supervisor.

Section 5.15 Each of the parties hereto agrees to cooperate with the other to reduce to a minimum the time spent by Union representatives in handling, presenting and adjusting grievances.

Section 5.16 In computing time limits under this Article, except as otherwise provided, unscheduled work days and holidays shall not be counted.

Section 5.17 A grievance arising out of discharge or disciplinary suspension, which is felt to have been made without cause, must be filed with the Business Manager or his/her designee, within ten (10) workdays after such discharge or suspensions. The Business Manager or his/her designee shall render a written decision within five (5) workdays after the grievance hearing at Step III (Section 5.4).

ARBITRATION

Section 5.18 Insofar as a grievance shall involve the interpretation or application of the provisions of this Agreement and has not been disposed of satisfactorily in accordance with Step III of the grievance procedure as set forth in this Article, it may be submitted to an impartial arbitrator in accordance with the provisions of this Article.

Section 5.19 The Union shall within 30 calendar days of the decision in Step III of said grievance procedure give written notice of such intention to the Company. The Union shall also request the Federal Mediation and Conciliation Service to furnish a list of seven (7) impartial arbitrators. Upon receipt of and from such list, the parties will attempt to mutually select an arbitrator acceptable to both parties. If an arbitrator from such list is not mutually selected within five (5) workdays after receipt of such list, the Company and the Union will choose the arbitrator by alternately striking one name from such list until only one name remains, and that person shall be the arbitrator. The right to strike the first name shall be determined by lot.

Section 5.20 The arbitrator shall consider only those issues, including any amendments that were made pursuant to Section 5.8, which have been properly carried through all steps of the grievance procedure. The arbitrator shall afford to the Company, the Union and the employee or employees involved, a reasonable opportunity to present the evidence, witnesses, and arguments. Persons testifying may be sworn at the request of either party. The jurisdiction of the arbitrator and his/her decision shall be confined to a determination of the facts and the interpretation or application of the specific provisions of this Agreement at issue. The arbitrator shall be bound by the terms and provisions of this Agreement and shall have authority to consider only grievances presenting solely an arbitral issue under this Agreement. The arbitrator shall have no authority to interpret any state or federal law. The decision of the arbitrator shall be rendered as soon as practicable after the hearing, but in no event beyond 30 days after the close of said hearing. The arbitrator’s decision shall be final and binding on the Company, the Union, and the employee or employees involved, subject to the limitations specified in this Agreement.

Section 5.21 The compensation of such arbitrator for their services and expenses in connection with the case or cases submitted to them shall be shared equally between the Company and the Union.

Section 5.22 The Company and the Union may mutually agree to submit any other question that herein is expressly provided to the arbitrator for determination.

NON‐BINDING MEDIATION

Section 5.23 If the grievance can not be satisfactorily resolved at Step III, and if both parties agree, the grievance may be submitted to non-binding mediation by a joint request of the Company and the Union to the Federal Mediation and Conciliation Service. Such request must be made during the time period after the Company gives its written Step III answer and before the Union’s time limitations on providing written notice to arbitrate expires. Once such a request is agreed to, the time limit will be extended up to 30 days if a satisfactory solution cannot be reached through mediation.

Time spent by the grievant of Union officials in attending mediation will be without loss of pay.

Section 6.1 The Company shall furnish to each employee and to the Union a copy of the Company Rules, Clearing Procedures and Excessive Rule violations. In the event of a conflict between Company rules and this Agreement (for example, the just cause requirement), then this Agreement prevail. The Company reserves its right to amend this document in the future upon the Company’s determination that such amendments are reasonable and necessary for safe, effective and efficient operations. No such amendment may be contrary to any of the terms or provisions of this Agreement.

Section 6.2 The Union reserves the right to protest through the Grievance and Arbitration Procedure the reasonableness, the interpretation of or the application of the Company Rules, Clearing Procedure and Excessive Rule violations. The Union does not waive its right to contend that a provision of this document, or any amendment thereto, is contrary to this Agreement, that it is unreasonable, that the Company has improperly interpreted such provision, or that the Company has applied such provision in an arbitrary or capricious manner.

Section 6.3 For other than probationary employees, when disciplinary action, which could result in suspension or discharge, is contemplated, the Union will be notified 48 hours prior to so that it may have input into contemplated discipline. When immediate termination is being considered, the Shop Steward shall be given the opportunity by the Company to attend a disciplinary hearing prior to imposition of the termination.

Section 6.4 Any employee is entitled to have a Union Representative, including the Shop Steward, present in any meeting or discussion with the Company in which the employee reasonably fears that the interview will adversely affect his continued employment, provided that no Union Representative, including the Shop Steward, shall obstruct, impeded or prevent any investigation, or counsel any employee not to answer or fully cooperate in any investigation.

Section 6.5 Written notice of intent to discipline for violation of work rules shall be given within ten (10) workdays after the Company becomes aware, or should have reasonably known of the violation(s) unless extended by mutual agreement of the Union and the Company. Should the Company find it necessary to discharge an employee for cause, it shall be give notice to the Union within 48 hours before the discharge becomes effective, but in no event later than thirty (30) days from the date of written notice of intent to discipline. A grievance arising out of discharge or disciplinary suspension, which is felt to have been made without cause, must be filed with the Business Manager as show in Section 5.4 or his/her designee, of the Company, within ten (10) workdays after such discharge or suspension. The appropriate Company’s representative or his/her designee shall render a written decision within five workdays after the grievance hearing at Step III (Section 5.4).

Section 6.6 The Company shall not exercise its right to discipline by written warning, suspension, discharge, or otherwise discipline any employee except for good and just cause. The Company shall judge fairly the employee’s conduct and be fair and equitable in administering discipline.

Section 6.7 The Company and the Union agree that discipline should be corrective in nature rather than punitive.

Section 6.8 In assessing discipline, the Company will consider the gravity of the offense, seniority and work record of the employee involved.

ARTICLE 7

SENIORITY

Section 7.1 The term “seniority” as used herein contemplates only that relationship of each employee in the bargaining unit to other employees in the bargaining unit.

Section 7.2 Probation – Employees hired or rehired following a break in seniority shall serve a probationary period as specified below:

(a) New employees to the bargaining unit covered by this Agreement shall be required to spend a probationary period of ninety (90) days.

(b) Until the employee has completed the probationary period, he/she shall have no seniority rights under this agreement and the Company shall have the right to discipline or separate a probationary employee without such action on the Company’s part being the basis of any grievance or arbitration.

(c) Employees shall not be eligible to receive pay for any type of Company leave during the probationary period. Employees will be paid only for specified holidays as well as actual hours worked while on probation

(d) Seniority shall accrue from the date of employment for bargaining unit employees hired on or before January 30, 2007. Seniority for employees entering the bargaining unit after that date shall accrue from the date they complete the probationary period and enter the bargaining unit.

Section 7.3 A seniority list shall be posted by the Company within 30 days after execution of this Agreement and shall set forth the seniority date of each employee covered hereby. Such list shall be updated as changes occur.

Section 7.4 Employees shall have a period of ten (10) workdays after posing of seniority lists to protest, in writing, an error on the list. The Company and the Union will work together to resolve the issue.

Section 7.5 When two or more employees have the same seniority date, the last four

(4) digits of the Social Security Number shall be compared. The lower/lowest number shall be considered the most senior.

Section 7.6 Seniority shall be lost under any of the following circumstances:

Discharge for Cause Resignation Failure to Report to Work Upon Expiration of an Approved Leave of

Absence Accepting Other Employment While on Approved Leave of Absence

Without Company Approval Unexcused Absence From Work for a Period of Three (3) Consecutive

Workdays Failure to be Recalled From Layoff within twenty-four (24) months of Such

Layoff Transfer to a position outside the Bargaining Unit

Section 7.7 In the event of a reduction in force, the Company shall designate the number of positions to be reduced. The least senior employee(s) will be designated for layoff. Recall shall be accomplished in inverse seniority order, with the most senior employee on layoff being recalled first. The Company will provide two (2) weeks notice of any anticipated reduction in force, except where circumstances beyond the Company’s control prevent such timely notification.

Section 8.1 Occupational classifications shall be those listed in Article 19. The Company will provide a detailed job description to the Union for approval at the start of this Agreement.

Section 8.2 The Company will adhere to the Service Contract Act Directory of Occupations as a guide to occupational classifications, including any additions to or changes to classifications. In the event that a new occupational classification not listed in Article 19 is required, the company may establish such new occupational classification.

The Company shall submit to the Union, for its approval, the proposed rate of pay for the new classification. In the event an agreement between the Company and the Union is not reached within five (5) working days from the date of submission, the Company may place into effect the new classification at the proposed rate of pay, subject to continued negotiations with the Union.

If agreement between the Company and the Union is not reached within ten (10) working days from the date of submission, either Party may refer the matter to arbitration in accordance with the provisions of this Agreement.

Any change in the established rate resulting from such negotiations or arbitration shall be retroactive to the date when such rate was placed in effect.

Section 8.3 Any Employee designated, as a Lead shall be paid a differential of $1.00 cents per hour above the rate of the highest classification led while functioning as a Lead.

Section 8.4 Promotions will be based on the most senior qualified employee.

Section 8.5 The Company will provide to the Union the occupational classifications listed in Article 19 and the corresponding job duties associated with each classification.

Section 8.6 “Qualified” and “qualified to perform the work” as used in this agreement shall mean possession of the required licenses and certifications, the required experience and the required training and the ability to perform satisfactorily the required duties of the job at the time the job is awarded and to meet standards of quantity and quality without the need of extensive training. If the position requires operating a vehicle that is regulated under 49 CFR Federal Motor Carrier Safety Regulations all DOT regulations will apply.

Section 9.1 Days off will be based on seniority. Management will make every reasonable attempt to grant days off in accordance with employee requests and seniority, without jeopardizing the Company’s operational commitment to fulfill customer requirements.

ARTICLE 10

OVERTIME

Section 10.1 The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours.

Section 10.2 It understood and agreed that the Company reserves the right to require covered employees to perform overtime work in order to meet customer needs. When such overtime is required, employees involved shall be given as much notice as possible. Overtime opportunities shall be evenly distributed. The Company may require the least senior qualified employee(s) to work overtime should a sufficient qualified workforce not otherwise be available.

Section 10.3 Overtime shall be paid for hours actually worked in excess of forty (40) in a normal work week at one and one-half (1 ½) times the straight time hourly rate. All hours worked in excess of eight (8) in any one day shall be paid one and one-half (1 ½) times the straight-time hourly rate. Any work performed on a non-scheduled workday shall be compensated at time and one-half (1 ½) the straight time hourly rate.

Section 10.4 No overtime shall be worked except by specific direction from management.

Section 10.5 There shall be no pyramiding of Overtime.

Section 11.1 Qualified and/or certified employees outside the bargaining unit shall not perform the regular and exclusive work of bargaining unit employees. They may, however, perform instruction and experimentation, installation and/or checkout of new systems or equipment, or perform covered work in emergencies. It is not the Company’s intent to affect any reduction in force of bargaining unit employees by any of the aforementioned, or by management employees performing bargaining unit work.

Section 12.1 The Company agrees to provide a bulletin board for posting Union publicity. Material posted shall be limited to notices of Union meetings, Union newspaper items, Union newsletters, Union recreational and social activities and the Union employee seniority list.

Section 13.1 Employees designated by the Union shall be granted a leave of absence upon written request of the Local Union office. Such leave will be treated as leave without pay, and Company approval for such leave may be withheld if operational considerations so require. Such leaves will be considered as withheld if operational considerations so require. Such leaves will be considered as time worked for the purpose of seniority accrual and other fringe benefits, provided such leave does not exceed ten (10) consecutive workdays.

Section 13.2 For just reasons and conditions as determined by mutual agreement of the parties on a case-by-case basis, the Employer may grant an unpaid leave of absence to an employee for up to thirty (30) days, or for a longer period of time if mutually agreeable by the Employer and the Union, without prejudice to seniority rights.

Leaves of absence shall not be granted for the purpose of attending school, for farming activities by the employee or the employee’s family or friends or for performing outside employment, other than union business. Performing outside activities other than those stated reasons for which the leave of absence was granted may result in the employee’s immediate termination.

Section 14.1 The Company agrees to a check off of Union dues, initiation fees and assessments for all employees covered by this agreement, provided that the Union delivers to the Company a written authorization to make such deductions, signed by the employee. The Company shall make deductions for each employee from the first regularly scheduled pay of each month. The Company shall promptly disburse to the Union the amount deducted.

Section 14.2 The deduction shall continue until the employee terminates or the employee transfers out of the bargaining unit.

Section 14.3 The Company agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE. DRIVE shall notify the Company of the amounts designated by each contributing employee that are to be deducted from his paycheck on a weekly basis. The Company shall transmit to DRIVE National Headquarters on a monthly basis, in one check, the total amount deducted along with the name, social security number and amount deducted of each employee on whose behalf a deduction is made.

Section 14.4 The Union agrees to and does hereby hold and save the Company harmless from any and all liability, responsibility or damage from deduction, payment authorization, or notification as provided for in this Article, specifically including, but not limited to, the Company’s agreement to deduct dues, initiation fees and assessments from the employee’s paycheck. The Union assumes full responsibility for the disposition of the funds so deducted when disbursed to the appropriate Union official.

ARTICLE 15

VISITATION

Section 15.1 A duly authorized representative of the Union (exclusive of Shop Stewards) will be required to request authorization from the Business Manger or designated representative for site visitation. The Union Representative must have the same Customer authorization as other visitors prior to the visit. During the visit the Union Representative must not interfere with employees during their normal work hours, nor can they use Company telephones or facilities to conduct Union meetings or business. Such meetings shall be held off site.

Section 16.1 Any employee is entitled, upon request, to have a Union Representative, including the Shop Steward, present in any meeting or discussion with the Company in which the employee reasonably fears that the interview will adversely affect his continued employment, provided that no Union Representative, including the Shop Steward, shall obstruct, impede or prevent any investigation, or counsel any employee not to answer or fully cooperation in any investigation.

Section 17.1 A letter of counseling/reprimand given to an employee shall remain in effect for a period not to exceed six (6) months of active service from the date the employee is given the letter of counseling/reprimand unless the employee is disciplined for a similar violation within a six (6) month period. All letters of counseling/reprimands shall be removed from the employee’s personnel file after six (6) months if there is no repeat violation in accordance with Clearing Procedures, Appendix A.

Section 18.1 The Company and the Union recognize the importance of maintain a drug and alcohol free workplace and agree that the company will implement changes, from time to time, to its current rules and regulations designed to identify drug and alcohol use and to fix and impose penalties for the violation thereof as negotiated. All employees represented by the Union at Tinker AFB, Oklahoma shall be governed by the Company’s Substance Abuse Policy. Changes to the existing policy shall be bargained with the Union prior to the change. (Attached as Appendix B).

ARTICLE 19

COMPENSATION

Section 19.1

Classification

Utility Plumber $

Meter Reader $

Classification 10/1/13 10/1/14 10/1/15 Utility Plumber $26.02 $26.80 $27.60 Meter Reader $ 24.00 $24.72 $25.46

Section 19.2 Employees possessing a Waterworks operator and Waste Waterworks Operator license shall receive a One Dollar per hour ($1.00) license premium. Such license premium shall be in addition to the rates noted above and shall be considered as part of the employee’s straight time base rate.

Section 19.3 Any employee designated as a Lead shall receive the same rate of pay as defined in Section 1, and shall be paid a differential of One Dollar ($1.00) per hour above the rate of the highest classification led while functioning as a lead.

Section 19.4 The Exterior Utility Plumbers shall receive, at a minimum, four (4) hours On Call pay if unable to resolve the issue over the phone and he/she must report to work. Each employee assigned to be On Call is guaranteed four (4) hours pay per week at a minimum.

Section 19.5 Employees who obtain a Journeyman Plumbers license shall receive a one dollar ($1.00) per hour license premium. Such license premium shall be in addition to the rates noted above and shall be considered as part of the employee’s straight time base rate.

Section 19.6 All members covered in this Agreement will be eligible to participate in the Company Award Fee distribution in the same manner as all other Company employees at Tinker Air Force Base, based on their individual semi-annual performance evaluation.

This evaluation shall not be used in any form of disciplinary proceeding.

Section 20.1 Employees (including probationary employees) shall receive ten (10) Company paid Holidays as follows:

New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

In addition to the above holidays presently recognized the Company agrees to observe any holidays declared as a legal holiday (declared by Congress) and observed by the military where government employees are paid.

Section 20.1a Holidays that fall on a Sunday will normally be observed on the following Monday and Holidays that fall on a Saturday will normally be observed on the preceding Friday.

Section 20.1b Holiday pay shall be at full pay (eight (8) hours at straight time) including any applicable shift and lead persons differential. In addition, one and one-half (1 ½) times the regular rate the employee will be paid for hours worked on the holiday.

Section 20.1c Employees are eligible for Holiday pay provided they worked their last full regular work shift preceding and following the Holiday. Work, for the purpose of determining eligibility for Holiday pay, includes Vacation, Sick Leave, Bereavement, Jury Duty and unpaid time off when authorized by the Company. This does not apply to employees on leaves of absence. Pay received under any Company group insurance disability plan does not qualify the employee for Holiday pay.

Section 20.2 Employees accrue Vacation in accordance with the following schedule:

Vacation time may be taken in one (1) hour increments.

0-4 Years continuous Company Service – 80 Hours per Year 5-12 Years continuous Company Service – 120 Hours per Year 12+ Years continuous Company Service – 160 Hours per Year

Section 20.2a Vacation time shall be accrued as follows:

0-4 Years continuous Company Service – 3.08 Hours per Pay Period 5-12 Years continuous Company Service – 4.62 Hours per Pay Period 12+ Years continuous Company Service – 6.15 Hours per Pay Period

Section 20.2b Employees shall be able to utilize accrued Vacation hours after completion of six (6) months continuous Company service. Such accrued but unused hours will be paid off upon termination of employment.

Section 20.2c Vacation Pay shall be computed at the Employee’s straight time base rate at the time of Vacation, including any shift differential, and shall be limited to those hours the Employee had accrued as of the date the Vacation period commenced.

Section 20.2d When a Holiday, as defined in this agreement, falls within the Vacation period, such Holiday hours shall not be charged as Vacation hours.

Section 20.2e Final approval of Vacation requests rests with the Company to ensure compliance with operational requirements.

Section 20.3 Employees shall accrue Sick/Personal Leave at the rate of 3.08 hours per pay period. Sick Leave is available for use only after the completion of the probationary period. Sick Leave shall not be used for any reason other than to cover absences from work resulting from the Employee’s personal and/or family illness or injury or resulting from the medical doctor or dental appointment of the spouse or child, when supported by a written statement from the doctor or dentist. Making a false claim for sick leave, or misrepresenting any facts in applying for sick leave, will be cause for disciplinary action up to and including discharge. Sick pay shall be computed at the Employee’s straight time base rate at the time of illness or injury, including any license premiums, and shall be limited to those hours the employee had accrued at the time of the absence.

Employees must designate, at the time they are reporting off for/requesting sick/personal leave, whether they are taking sick leave or personal leave.

Section 20.3a The Company may require the Employee to present a certificate from a qualified, licensed medical doctor or dentist to support a request for sick pay.

Section 20.3b Sick/Personal Leave may be taken in one (1) hour increments. Sick leave may accrue to a maximum of 400 hours.

Section 20.4 Bereavement Leave of three days with pay will be offered in the event of the death of a current immediate family member. If the employee must travel more than 500 miles, bereavement leave will be extended by one day of paid leave. Immediate family members are defined as a parent, spouse, child, step child, brother, sister grandparent, grandchild or spouse’s grandparents, parent-in-law, brother-in-law, sister-in-law. Pay shall be computed at the Employee’s straight-time rate at the time of the absence including any shift or Lead differential. To be eligible for bereavement leave, the employee must attend the funeral, memorial service or interment. Verification acceptable to the Company of the death and relationship shall be given to the Company upon request. Bereavement leave shall not be paid for any day that the employee is scheduled off or is receiving pay for vacation, holidays or other paid leave.

Section 20.5 When an Employee is absent from work in order to serve as a juror in response to a jury duty summons, the Employee shall be granted up to ten (10) days per calendar year. Pay shall be computed at the Employee’s straight-time rate at the time of service including any shift or Lead differential. Each regular employee serving on jury duty shall, upon presentation of a statement signed by an officer of the court involved signifying the time he so served on the jury, receive his regular classified rate of pay for the time he is required to be absent from regular scheduled days for such service but not to exceed ten (10) working days in any one contract year. If the employee is discharged from the jury before his work shift ends, he must report immediately to the Company for work if time permits him to work at least three (3) hours. If the employee desires and the Company approves, the jury duty benefit may be administered on an hourly instead of a daily basis.

Section 20.5a To receive pay for Jury Duty, the employee must promptly notify his or her Supervisor and provide the Supervisor with a copy of the Court notice.

Section 20.6 An employee on the active payroll of the Company who is required to annually engage in two (2) weeks (up to fourteen (14) days) of military reserve training shall be granted a leave of absence for the period of the training and shall be paid the difference between the pay received for the training period and the amount of wages the employee would have received for a standard two (2) week work schedule. Standard for the purposes of this Section shall mean a forty (40) hour weekly work schedule at the employee’s straight time rate of pay including any shift or Lead differential.

ARTICLE 21

MISCELLANEOUS

Section 21.1 The Company and the Union agree that the provisions of this Agreement shall apply to all employees covered by it without discrimination. In carrying out their respective obligations under the terms of this Agreement neither the Company nor the Union shall discriminate against any employee due to race, color, age, religion, sex, national origin, disability or record of prior military service.

Section 21.2 In the event that any of the provisions of this Agreement shall be or become legally invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the provisions.

Section 21.3 The provisions of this Agreement shall be binding upon the Company and its successors, assigns or future purchasers, and all of the terms of obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer or assignment of the Company or any or all of its property, or affected or changed in any respect by any change in the legal status, ownership or management of the Company. It is the intent of this Agreement to promote industrial peace and harmony, to ensure continuity of employment and representation, to maintain the current and prospective level of wages, benefits and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work of this bargaining unit.

Section 21.4 The Company and the Union agree that the Company shall continue to comply with its current pay practice of compensating employees for those periods of time when weather-related incidents or other acts of God necessitate the temporary closing of facilities, if the Customer reimburses the Company for the occurrence.

Section 21.5 The Company agrees to provide cash reimbursement of up to one hundred fifty dollars ($150.00) annually for the purchase of protective and foul weather gear during the term of this Agreement effective October 1, 2013. Employees must provide the Company with an appropriate receipt in order to receive reimbursement.

Additionally, the Company will provide all Personal Protective Equipment and Safety devices at no cost to the employee if required by law or the Company. Effective October 1, 2013 the Company will annually issue vouchers, or reimbursement for the cost of safety shoes/boots not to exceed $150.00. The Company may replace boots or foul weather gear if unserviceable subject to the supervisor’s discretion.

Section 21.5a The Company will provide laundry service and uniforms to include 11 uniform button up shirts and pants.

Section 21.6 The Company will pay for continuing education and training specific to classification required by the contract to maintain a current license and current certifications. The Company agrees to provide all tools and equipment needed for and related to employees job task.

ARTICLE 22

BENEFITS

Section 22.1 As these plans are provided by outside vendors and/or are Company-wide plans, the Company may find it necessary or desirable to amend, revise or replace some or all of the plans during the life of this Agreement between the parties. Should this occur, the Company will immediately advise the Union of such changes and will meet as soon as possible with the Union to negotiate modifications to this Article in accordance with the Agreement. The Company agrees to continue to offer a health plan throughout the term of the collective bargaining agreement. The maximum employee contribution percentage detailed below and the overall equivalency of the benefit plans to which the Company contributes shall be maintained for each plan year.

If the parties cannot reach agreement on the employee contribution percentages or maintaining overall equivalency of the benefit plans, the parties will submit the issues to binding arbitration in accordance with Article 5 of this agreement.

Section 22.2 All full-time employees may participate in the Company’s group benefits package including medical, dental, vision, short term disability, long-term disability, life (2X annual salary Company paid), AD&D (1X annual salary Company paid) and dependent life. Employees who participate will contribute to the total premium as follows based on the option(s) selected:

Bi‐Weekly Cost Medical

Employee Share Company Share

Enhanced 1/1/13 1/1/13

Employee $ 80.04 $ 320.18

Employee+1 $180.81 $ 723.26

Family $263.68 $1,054.73

Employee Share Company Share

Core 1/1/13 1/1/13

Employee $ 29.49 $265.37

Employee +1 $ 67.19 $604.71

Family $100.94 $908.51

Dental

Employee Share Company Share

Enhanced 1/1/13 1/1/13

Employee $ 4.68 $18.72

Employee + 1 $ 9.06 $36.22

Family $13.43 $53.73

Employee Share Company Share

Core 1/1/13 1/1/13

Employee $1.95 $17.56

Employee+1 $3.77 $33.96

Family $5.60 $50.37

Vision

Employee Share Company Share

1/1/13 1/1/13

Employee $1.18 $ 4.72

Employee +1 $2.20 $ 8.78

Family $3.21 $12.83

Employees will contribute the following percentages of the total premiums for Medical Insurance, Dental Insurance, and Vision Insurance for plan year 2013. For all subsequent years of the Agreement, rates will be published prior to November 1.

For all years of this Agreement, the premiums for Medical, Dental and Vision will be shared according to the following table:

Plan Option Selected Percentage of Total Premium

Enhanced Option 20%

Core Option 10%

Agreement on the overall equivalency of the Benefit Plans, and Company contributions shall be negotiated annually in accordance with Article 22, Section 22.1 of the Agreement. In the event of changes in plan equivalency, the parties will open negotiations on the employee contribution percentages. Otherwise the percentages shown above shall become effective January 1, 2011, January 1, 2012 and January 1, 2013.

Short Term Disability: The Company will provide the 66 2/3% option of short term disability insurance at no cost to the employee. Employees may purchase the 75% option at an additional cost of $.44 bi-weekly per $100 of covered salary for the term of this Agreement. Rates for subsequent years will be published annually prior to November 1.

Long Term Disability: The Company will offer the following options of long term disability insurance at the employee costs shown for the term of this Agreement:

Option Employee B/W Premium per $100 of Covered Salary

2010 Rates

50% $.34

60% $.59

70% $.94

Rates for subsequent years will be published annually prior to November 1.

Employee Life: The Company will provide coverage equal to 2X the employee’s base annual salary at no cost to the employee.

Employee AD&D: The Company will provide coverage equal to 1X the employee’s base annual salary at no cost to the employee.

Employees will contribute the premiums for additional employee life, additional employee AD&D, and dependent life insurance plans.

Section 22.3 Retirement Plan

Bargaining unit employees may participate in the Company’s 401(k) Savings Plan as described in the Plan Documents and Rules, on a voluntary basis. There will be no Company matching contributions to this Plan on behalf of employees covered by this Agreement.

Beginning October 1, 2010, the Company will contribute to the 401(k) Savings Plan on behalf of the employee up to a maximum of 40 hours per week, according to the following schedule:

October 1, 2013 $1.85 per hour October 1, 2014 $2.00 per hour October 1, 2015 $2.15 per hour

Funds contributed by the employee and by the Company on behalf of the employee will be immediately 100% vested.

Section 23.1 This Agreement shall continue in full force and effect up to and including February 28, 2016.

Section 23.2 This Agreement shall continue in effect for successive yearly periods after February 28, 2016 unless notice is given in writing by either the Union or the Company to the other party at least sixty (60) days prior to February 28, 2016. If such notice is given, this Agreement shall be open to modification, amendment or termination, as such notice may indicate, on February 28, 2016, or the subsequent anniversary date, as the case may be.

Section 23.3 The Company and the Union, for the life of this Agreement, each voluntarily and unqualified waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not

The Company utilizes the following forms of discipline: Written Warnings, Suspension, Discharge.

CLEARING PROCEDURES

A period of good conduct following a rule violation will…