Tinker_CBA_2018_(002).pdf

AGREEMENT

BETWEEN

INTERNATION UNION, UNITED AUTOMOBILE, AEROSPACE AND

ACRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW AND ITS’

LOCAL UNION 286

AND

PHOENIX MANAGEMENT, INC.

BASE SUPPLY AND MUNITIONS CONTRACT

TINKER AIR FORCE BASE, OKLAHOMA FACILITY

26 July 2018

AGREEMENT

AGREEMENT entered into, by and between Phoenix Management, Inc., hereinafter-called "the Company" and Local Union No. 286 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, hereinafter called "the Union". All references herein to gender shall be construed as being equally applicable without any reservations to both males and females.

PURPOSE AND SCOPE

It is the intent and purpose of the parties to set forth herein the basic agreement covering Wages, hours of work, and conditions of employment to be observed by the parties hereto and to provide procedures for prompt, equitable adjustments of alleged grievances to the end that there shall be no work stoppage, strikes, or lockouts during the life of this Agreement.

TABLE OF CONTENTS

Page Number Article 1 - Bargaining Unit and Work Covered 1

Article 2 - Recognition of Rights 2

Article 3 - Base Work Week and Hours of Operation and Shifts 4

Article 4 - General Pay Provisions 7

Article 5 - Holiday and Payment 9

Article 6 - Vacation 11

Article 7 - Leaves of Absence 13

Article 8 - Continuous Service Credit 16

Article 9 - Seniority 17

Article 10 - Safety, Health, and Disability Benefits 21

Article 11 - Government Security 23

Article 12 - Dress and Appearance 24

Article 13 - Discipline and Discharge 26

Article 14 - Grievance Procedure 29

Article 15 - Arbitration / Mediation 30

Article 16 - Union Representation 31

Article 17 - General Provisions 32

Article 18 - Terms, Notice of Change, or Termination 33

Article 19 - Employees Covered 34

Attachment A - Wages, Health and Welfare 35

Notes 36

Signature Page 37

ARTICLE 1

BARGAINING UNIT AND WORK COVERED

1.1 EXCLUSIVE REPRESENTATION: The Company recognizes the Union as the sole and exclusive bargaining agency and representative of all employees identified in the occupational classification set forth in Attachment "A" and employed by the Company under its Base Supply and Munitions Contract with the U.S. Air Force located at Tinker Air Force Base, Oklahoma, but excluding confidential secretaries, supervisors, and management personnel as defined in the National Labor Relations Act.

1.1.1 The Company will recognize the Union Chairperson, elected by the bargaining unit members employed by the Company, as the first line of representation for the employees of the Company under this Collective Bargaining Agreement.

1.1.2 The Company will not bargain individually with any bargaining unit member regarding wages, hours, and working conditions.

1.2 SCOPE: This Agreement shall cover all of the work of the occupational classifications set forth in Attachment "A" to this Agreement and employed by the Company under its Base Supply and Munitions Contract with the U.S. Air Force located at Tinker Air Force Base, Oklahoma.

ARTICLE 2

RECOGNITION OF RIGHTS

2.1 NO STRIKE: During the term of this Agreement, the Union shall not authorize, cause, engage in, sanction, or assist in any slowdown, work stoppage, strike, sit-down, or picketing against the Company.

2.1.1 In the event that any employee or employees shall call, cause, engage in, sanction , or assist in any unauthorized work stoppage, strike, sit-down or picketing against the Company, the Union and its officers and representatives agree to the following:

A) That the Company may take disciplinary action for cause, including discharge, which it deems appropriate against such employee or employees and that the degree of such disciplinary action shall not be reviewable through the grievance and arbitration procedures provided whether or not an employee participated shall be reviewable.

B) That each of them, jointly and severally, will immediately disavow and refuse to recognize any picket line or lines established as a result of said unauthorized slowdown, work stoppage, strike, or sit down against the Company;

C) That each of them, jointly and severally, will instruct employees not to respect or recognize any said picket line or lines; and, in addition, will do everything within their respective powers to secure the immediate disestablishment or disbanding of any said picket line or lines;

D) That each of them, jointly and severally, shall immediately take or cause to be taken all affirmative action's to demand, cause, and require each and every employee to perform the terms and conditions of this Agreement.

2.1.2 In the event any employee shall call, engage in, sanction, or assist in any unauthorized slowdown, work stoppage, strike, sit-down, or picketing against the Company, the Company agrees that it will not file or process any action for damages arising out of said slowdown, work stoppage, strike, sit-down, or picketing against the Union, its officers or representatives provided these individuals have performed their obligations and responsibilities as set forth in this section.

2.1.3 Nothing in this section shall preclude any right to which the Company may be entitled to secure legal or other redress of any individual who has caused damage or injury to or loss of Company property, nor does the Company cede any rights in this regard to which it may be entitled.

2.2 NO LOCKOUT: During the term of this Agreement, the Company shall not cause, permit, or engage in any lockout of its employees.

2.3. RIGHTS & FUNCTIONS OF MANAGEMENT:

2.3.1 Management's rights include, without limitation, the following:

A) To direct, control, and schedule its operations and work force

B) To make all decisions affecting the business

C) To determine job qualifications; to select and hire employees; to terminate, promote, lay off, assign, classify, evaluate transfer, suspend, discharge and discipline employees for just cause

D) To select the number assigned to any particular work

E) To determine the starting and quitting times and the number of hours per day and the shift to be worked

F) To establish, modify, and enforce reasonable rules and regulations that are not in direct conflict with the express provisions of the Agreement

G) To introduce new, improved, or different methods of operations which may cause a reduction or change in the work force or workloads

H) To establish, change, or combine job classifications

I) To determine job qualifications

J) To create and disband employee committees, teams, and working groups in support of the Company' s safety and total quality management objectives; provided such committees, teams, or working groups may not function in a representative capacity or deal with matters involving wages, hours or working conditions.

2.4 SUPERVISORS: Supervisors and management personnel will be able to assist employees in trouble-shooting technical advice, and training.

2.4.1 When an emergency situation warrants or when a shift is crippled by employee absenteeism, a supervisor or manager can fill a position until sufficient employees can be called in from off work and arrive at the job prepared to perform the work involved.

2.4.2 With the exceptions stated herein, supervisors will not perform bargaining unit work.

ARTICLE 3

BASE WORK WEEK, HOURS OF OPERATION, AND SHIFTS

3.1 DEFINITIONS:

3.1.1 NORMAL WORK WEEK. The normal workweek for a full-time employee shall consist of five (5) consecutive work days (Monday through Friday).

3.1.2 SCHEDULED DAYS OFF. Scheduled days off for each full time employee shall be two (2) consecutive scheduled days off each week unless agreed to be different by the Company and employee.

3.1.3 STATUTORY WORK WEEK. The statutory work week for all employees, as based on a 24 hour clock, shall begin at 0001 Sunday and end at 2400 the following Saturday (i.e. seven (7) consecutive calendar days Sunday through Saturday inclusive.).

3.1.4 SHIFTS.

A) Shifts and hours of operation will be established by the Company to best accomp1ish the task and frequency schedules. The regular shift of a full-time employee shall be scheduled in advance and shall consist of five (5) consecutive work days as defined i n 3.1.1 with eight (8) consecutive hours worked during the work day, exclusive of any scheduled meal period of not less than one-half (1/2) hour or more than one (1) hour each.

B) A typical day consists of three shifts generally named: day shift, swing shift, and mid shift.

1) Day shift typically consist of eight (8) consecutive hours of work and a scheduled meal period of not less than one-half (1/2) hour or more than one (1) hour. The shift hours are usually from 0700 hours to l600 hours as represented on a 24 hour clock.

2) Swing Shift, also known as second shift, typically consist of eight (8) consecutive hours of work with no meal period and begin at l 600 hours and ending at 2400 hours as represented on a 24 hour clock.

3) Mid shift (also known as Late shift or Third Shift) is typically an eight (8) consecutive hour work shift where no meal period is allotted and starts at 0001 hours ending at 0800 hours as represented on a 24 hour clock.

C) Employees will not be required to work more than 14 hours in a 24 hour period with a minimum of eight (8) consecutive hours rest unless real world emergency.

D) The term "night shift" shall mean any shift starting at or after 2:00 pm (1400 hours) and before 4:00 am (0400 hours). The time when an employee actually commences work will determine whether or not be or she has worked night shift for the purpose of shift differential pay only.

3.1.5 CHANGES OF SHIFTS:

A) The Company shall give a notice of at least five (5) days of any changes in regular shifts to the Union and the employees affected.

B) Notice of shift change does not apply when the Company is involved in emergency surge operations, military directed exercise or emergency situations caused by absenteeism

3.1.6 FULL TIME AND PART TIME EMPLOYMENT CLASSIFICATION

A) Employees classified as "Full Time" are employees who work forty (40) or more hours in a statutory work week on a consistent basis, except that each full- time employee who is presently regularly assigned to work thirty-five (35) hours in a statutory work week will continue to be regularly assigned for a thirty-five (35) hour work week unless changed by the Company to a regular work schedule of forty (40) hours per week after advance notice to such employee of not less than one

(1) week.

B) Part-Time employees are employees who normally work less than (35) hours within a statutory work week, regardless of the number of hours worked any given week and are not regularly assigned any specific work schedule or work shift. Part-time employees are not assured any specific number of hours in a work week.'' Furthermore work performed may/may not remain constant to a specific schedule or work shift.

3.1.7 DEFINITION AND ESTABLISHMENT OF BREAKS:

A) Breaks by definition are:

1) Times allotted an employee to leave the work area and are usually fifteen (15) minutes in length, and will be determined by management.

2) Meal period or lunch break is time allotted an employee with the sole purpose to allow an employee to have a meal that is regularly scheduled during the workday. The meal period / lunch break is typically for daytime shifts and range from thirty (30) minutes to no more than one (1) hour.

B) Allotted Breaks:

1) Employees scheduled for eight (8) hour shifts with a lunch meal period will be allotted one (1) fifteen (15) minute break prior to lunch and one (1) fifteen (15) minute break after lunch not to exceed two (2) during their normal shift and not to be taken the first hour or last hour of the normal duty day or in conjunction with the meal period.

2) Employees scheduled for eight (8) hour shifts with no lunch meal period shall be allotted three

(3) fifteen (15) minute breaks not to be taken the first hour or the last hour of the normal duty day. One (1) break shall be taken at the midway point on the normal duty day.

3) Employees scheduled for less than eight (8) hour shifts but more than four (4) hour shifts shall receive one (1) fifteen (15) minute break every four (4) hours of work not to be taken the first hour or last hour of their normal duty day.

4) Employees who work a twelve (12) hour shift, regardless of if a meal period was allowed during their normal scheduled shift, shall receive one (l) additional fifteen (15) minute break halfway through the remaining 4 hours of the twelve (12) hour shift.

3.2 DISTRIBUTION OF OVERTIME: Consistent with efficient operations, overtime shall be distributed equally among employees in each occupation.

3.3 EMERGENCY DISCONTINUANCE OF OPERATIONS: In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Company's operations, employees will be released from work and/or will be excused from their obligations to report for work in accordance with any directive issued by the

Federal Contracting Officer. The Company shall be required to pay wages as a result of such discontinuance of operations. In the event of snow and/or ice storms or other emergency conditions requiring discontinuance of work of non-essential personnel as deemed by the base commander, employees will follow the directions of the base notice on the radio and television.

3.4 TERMINOLOGY

3.4.1 End of Fiscal Year or End of Contract Year is abbreviated as EOFY and is defined as the time a contract’s annual accounting year ends. The current Base Supply and Munitions contract goes from 1 Oct to 30 Sep each year.

ARTICLE 4

GENERAL PAY PROVISIONS

4.1 WORK OF A HIGHER OR LOWER CLASSIFICATION: Employees may be assigned work of a higher classification and in such instances will be paid the higher rate of pay for the actual time worked in the higher classification. Employees will notify supervisors of job requirements that will require higher pay.

4.2 HOURLY RATES FOR NEW OR REVISED OCCUPATIONAL CLASSIFICATIONS:

4.1. In the event the Company desires to establish new or revised occupational classifications the hourly rates applicable shall be determined by negotiations between the Company and the Union.

A) Operations shall not be delayed through failure to immediately agree upon salary rates applicable to any such occupational classifications.

B) In the event of failure to agree on a rate for such new job classifications the matter shall be deemed on dispute and shall be subject to the grievance and arbitration procedures as provided in this Agreement.

C) Rates finally established that are higher than the Company proposed rate would be paid retroactive to the date of the start of the occupational classifications.

4.3 HOURLY RATES: The base, straight-time hourly rates for employees covered by this Agreement shall be effective as set forth in the attachment "A" attached hereto and made a part hereof.

4.4 SPECIAL PAY RATES AND PREMIUMS:

4.4.1 OVERTIME Rates: Employees will be paid time and one-half (1 ½) for hours worked in excess of forty

(40) hours within a statutory work week without duplication of daily and weekly overtime.

4.4.2 SHIFT DIFFERENTIAL PREMIUM: A shift differential of five percent (5%) per hour shall be paid for all time worked on a shift defined in Article 3 Section. 3.1.4 Para. D as a night shift. In addition, all time worked on Saturday (0001-2400) and all time worked on Sunday (0001-2400) will be compensated at a ten percent (10%) premium above straight time, overtime, etc.

4.4.3 SHOW UP AND CALL-IN PAY:

A) An employee shall receive no less than the equivalent of one (1) hours pay at the applicable rate;

provided, however, that any amount paid for hours actually worked shall be credited against such minimum guarantee when the employee is:

1) Called in to work on a holiday or

2) On one of his scheduled days off, or

3) Recalled after completing a day's assignment and who has checked out and left his place of employment.

B) Definition and Designation of "ON CALL" and "WEEKEND STANDBY":

1) Employees designated "On Call'' shall be paid $1.00 dollar per hour for all hours on call up to forty (40) hours per week.

2) An employee is designated to be on "Weekend Standby" when scheduled to be available for call in on Saturday and/or Sunday and their normal work schedule is Monday thru Friday. When performing ''Weekend Standby", the employee shall receive $1.00 for each hour on standby excluding any hours actually worked during standby. (i.e. Employee on Weekend Standby 0800 to 1600 on Saturday, with no call in, shall receive a total of 8 dollars for that day’s standby).

Note: Weekend Standby is unique to only those positions, sections, or operations of the Base Supply and Munitions Contract that are in support of its Satellite units or to fulfill contractual obligations. If no support is required on a weekend then no Weekend Standby would be utilized.

4.4.4 HAZARDOUS PAY DIFFERENTIAL:

A) A hazardous pay differential of four (4) percent above straight time shall be given those employees who are employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. To also include all operations involving, unloading, storage, and hauling of ordnance, explosives, and incendiary ordnance material other than small arms ammunition.

B) This differential is only applicable to work / positions that have been specifically designated by the Company as ordnance, explosives, and incendiary material handling positions.

ARTICLE 5

HOLIDAY AND PAYMENT

5.1 HOLIDAY PAYMENT:

5.1.1 All employees covered by this Agreement shall receive holiday pay for each of the following designated holidays, irrespective of the day of the week on which the holiday may fall. Holiday pay shall be equal to the employee's pay for one (1) day as per his/her regular scheduled shift.

5.1.2 The Company may substitute for any named ho1iday another day off with pay in accordance with a plan mutually agreed upon by the Company, employee, and union.

1. New Year’s Day

2. President’s Day

3. Martin Luther King’s Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran’s Day

9. Thanksgiving

10. Christmas Day

11. Floating Holiday

5.1.3 When a holiday falls within an employee’s vacation period, such day shall be treated as a holiday rather than a vacation day.

5.1.4 Any holiday, which falls on a Saturday or Sunday, shall be celebrated on the day designated by Tinker AFB, Oklahoma, for the observance of such holiday.

5.1.5 To be eligible for the holiday pay:

A) An employee must work his/her scheduled work shift immediately before or immediately after the celebrated holiday, except in cases where:

1) Absence bas been coordinated with management or

2) Absence is due to personal illness, or

3) Death in the immediate family, or

4) Other reason acceptable to the Company.

B) If requested by the Company Proof of reason for absence will be required.

5.1.6 Full-time employees who are required to work on any one of the designated holidays shall be paid time and one-half plus regular holiday pay.

5.1.7 A part-time employee will receive holiday pay according to the following formula: Hours actually worked during the week in which the holiday falls divided by five (5) and multiplied by his/her regular hourly rate of pay.

5.1.8 Holidays will be offered on seniority basis. In the event there is no volunteer, employees will be forced to work on an inverse seniority basis.

5.2 FLOATING HOLIDAY: The floating holiday is based on the full year option of the contract (currently 1 Oct - 30 Sep). It is earned upon completion of a person's probationary period and must be taken prior to the completion of the contract option or paid by the Company.

ARTICLE 6

VACATION

6.1 POLICY. The Company will grant annual vacations to all eligible employees are herein provided.

6.2 ELIGIBILITY AND PAYMENT.

6.2.1 Full time employees on the payroll of their vacation eligibility date, which shall be the anniversary date (Anniversary date shall be First (1st) date of hire without break) of the employees in the Base Supply and Munitions contract at Tinker Air Force Base, Oklahoma City, Oklahoma, or as set forth in the service contract act.

From Completed Number of Days 1 Year 5 Years 10 5 Years 1 Day 10 Years 15 10 Years 1 Day 12 Years 17 12 Years 1 Day 15 Years 20 15 Years 1 Day 20 years 25 20 Years 1 Day 20+ years 28

6.2.2 Vacation pay shall be paid at employee's regular base pay rate, including night shift differential, if applicable.

6.2.3 Paid vacation for a part-time employee shall be proportional to the period involved. All other conditions set forth in this section shall apply to part-time employees.

6.2.4 An employee who has met the prerequisites of this section and who leaves the Company's employment for any reason or who is laid off indefinitely shall receive pay in lieu of any unused vacation he/she accumulated at his/her last vacation eligibility date or accrued time for following year. Employees may not accumulate vacation from year to year.

6.2.5 Vacation days are capped at 28 days of vacation for over 20 years and 1 day.

6.3 VACATION SCHEDULING

6.3.1 The Company retains the right to schedule vacations in such a way as will least interfere with the workload and efficiency of its operations, but will attempt to reach a mutually convenient schedule with each employee.

6.3.2 Vacation requests may be submitted as early as sixty (60) days in advance.

A) The approval or disapproval of these requests will be determined forty-five (45) days prior to vacation.

B) Prior to the forty-five (45) day period, seniority shall prevail where two (2) or more employees of the same job description have requested the same vacation time.

6.3.3 Any request for vacation must be requested and approved a minimum of five (5) working days in advance.

A) If the employee's request is denied, such employee shall be expected to reschedule the vacation.

B) The Company recognizes some instances where emergency conditions will prevent the employee from filing his/her request in the required time. Emergency cases will be approved on an individual basis.

6.3.4 Employees who have not scheduled all or part of their vacation 60 days prior to the anniversary date may be assigned vacation days by the project manager in such a way that it will not interfere with the work load and the efficiency of operations.

6.4 FORMULA USED FOR CALCULATION OF VACATION TIME:

6.4.1 Number of hours worked divided by 2080 multiplied by 80 hours = hours available 1-5 years of service. Maximum 10 days.

6.4.2 Number of hours worked divided by 2080 multiplied by 120 hours = hours available 5 years 1 day - 10 years of service. Maximum 15 days

6.4.3 Number of hours worked divided by 2080 multiplied by 136 hours = hours available 10 years 1 day - 12 years of service. Maximum 17 days.

6.4.4 Number of hours worked divided by 2080 multiplied by 160 hours = hours available 12 years l day - 15 years of service. Maximum 20 days.

6.4.5 Number of hours worked divided by 2080 multiplied by 200 hours = hours available 15 years 1 day - 20 years. Maximum 25 days.

6.4.6 Number of hours worked divided by 2080 multiplied by 224 hours = hours available 20 years 1 day – 20 years. Maximum 28 days.

ARTICLE 7

LEAVES OF ABSENCE

7.1 DEFINITION OF APPROVED/ UNAPPROVED LEAVE OF ABSENCE, AND LEAVE WITHOUT PAY

(LWOP)

7.1.1 An approved leave of absence is any time requested and approved by management (written or verbal) regardless of type of leave requested to include sick, personal, vacation, and/or leave without pay

(LWOP).

7.1.2 An unapproved leave of absence is any time taken by an employee and that time taken was not approved by management, either verbally or in writing. An unapproved leave of absence shall constitute grounds for dismissal.

7.1.3 Leave without pay (LWOP) is any approved time taken by an employee where the employee is not to be paid for the time taken. Three (3) instances of LWOP in a 90 day period is considered excessive unless excluded by this Agreement.

7.2 APP'LICATION FOR LEAVES OF ABSENCE.

7.2.1 Except for military service and emergency conditions, no application for a leave of absence will be considered unless it is applied for in writing and on forms provided by the Company for that purpose.

7.2.2 In the case of an emergency situation, application for leave of absence will be furnished to the Company within one week or as soon as possible after an emergency situation.

7.2.3 Each employee will be furnished with a copy of leave of absence application.

7.3 ALL LEAVES OF ABSENCE.

7.3.1 All leaves of absence except as otherwise herein provided, shall be granted at the discretion of the Company, dependent upon the work requirements or schedule commitments of the section in which the employee requesting leave of absence is employed.

7.3.2 An extended leave of absence shall be granted when a medical condition to include, but not limited to, scheduled surgery and/or hospitalization, or a disability require an employee to be away from work for a period of time greater than five (5) days.

A) When an extended leave of absence has been granted the employee, all sick time accrued shall be used prior to any LWOP.

B) When LWOP is utilized under this condition the employee will not be charged excessive Leave of Absence as noted in section 7.1.3

7.3.3 Excluding personal or vacation time request, the Company reserves the right to request from an employee documentary proof of the conditions necessitating the leave of absence due to illness, disability, or other medical reasons.

7.3.4 When an employee has requested an extended leave of absence, the Company may, when in its opinion it is necessary, arrange for a doctor selected by the Company to interview or examine such employee who has applied for an extended leave of absence because of illness or disability for the purpose of determining the employee's condition and the possible duration of sickness or disability.

Misrepresentation of the facts on the basis of which a leave of absence is granted shall constitute grounds for dismissal for cause.

7.3.5 Tardiness or late reporting to work: An employee is considered tardy or late reporting for work when their scheduled work start time has passed and they have not reported for work. Three (3) instances in a ninety (90) day period shall be considered excessive.

7.3.6 Employees on leave of absence for non-disability reasons will be responsible for their short-term/long-term disability insurance premiums during such leave.

7.3.7 Employees are eligible to be on leave of absence not to exceed 12 weeks per year.

7.4 EXTENDED MILITARY DUTY. Employees who enter the armed forces of the United States shall be granted a leave of absence for the period of such service and, upon honorable discharge there from, shall be re-employed by the Company as provided by the Universal Training and Service Act.

7.5 NON-WAR MILITARY DUTY ABSENCE. An employee with twelve (12) months or more of continuous service credit who is called for and performs non-war military duty shall be granted a leave of absence. Service credit and duly established seniority privileges will accumulate such leave.

7.6 DEATH IN IMMEDIATE FAMILY.

7.6.1 In the event of death in the employee's immediate family:

A) An employee shall be paid for a maximum of three (3) days absence during the normal work week if within 100 miles radius, and

B) If the death is outside of the 100 miles radius, an employee shall be paid for a maximum of five

(5) days.

7.6.2 For the purpose of this section, immediate family shall include the employees Spouse, children, step children, parents, step parents, brothers and sisters, step brothers and step sisters, brother-in-laws and sister-in-laws, grandparents and step grandparents and spouse's parents, step parents, brothers and sisters, step brothers and sisters, grandparents and step grandparents.

7.6.3 An extension, without pay, not to exceed one (1) week may be granted in unusual or emergency circumstances. Employees will not be paid for any days exceeding the above maximum paid days.

7.7 SICK AND PERSONAL LEAVE

7.7.1 All full-time employees shall accrue paid sick and personal leave benefits at the rate of six and seven tenths (6.7) hours per month not to exceed a total of eighty and four tenths (80.4) hours within a twelve

(12) month period. Employees will not accrue sick/personal leave benefits while on leave of absence in excess of one (1) continuous week or while on layoff.

7.7.2 Part-Time employees will accumulate sick and personal leave based on actual hours not to exceed .034 per hour. Employees will not accrue sick/personal leave benefits while on leave of absence in excess of one (1) continuous week or while on layoff.

7.7.3 All unused sick/personal leave may be scheduled by the project manager during the last 60 days of the contract year in such a way that it will not interfere with the work load and the efficiency of operations.

7.7.4 Unused hours will be paid at the end of that contract year (Checks will be given to employees no 1ater than 30 days after contract year end.)

7.7.5 Unused earned sick/personal pay will be paid in the event of employment termination.

7..7.6 In the event an employee has a need to take sick or personal time but has not accumulated enough sick and personal leave, the project manager may grant up to, but not to exceed, eight (8) hours advanced sick and personal leave time once every 90 days.

7.8 LEAVE OF ABSENCE OF UNION ACTIVITIES.

7.8.1 Employees elected or appointed to positions with the Union will be granted leaves of absence to attend Union conventions and training activities to the extent that such leaves of absence may reasonably be granted consistent with the operational requirements.

7.8.2 Requests for such leaves of absence must be made as far in advance as such requests reasonably can be made, and such requests will be granted if this reasonably can be done consistent with operational requirements.

7.8.3 The number of employees to be granted such leaves of absence shall not exceed one (1) at any one time except by mutual agreement between the Company and the union.

7.9 RETURN TO WORK AFTER MEDICAL LEAVE DUE TO ILLNESS OR SURGERY.

7.9.1 Employees out for more than three (3) consecutive days sick leave due to illness, or other medical reasons, shall be required to present a doctor's note stating that they are capable of performing all duties normally associated with their jobs. Management reserves the right to make final determination of employee’s capability to perform all duties normally associated with their jobs.

7.9.2 Employees will notify management if they have been prescribed or are currently taking any drug (prescription or over the counter) that may impair their performance on the job.

7.10 JURY DUTY. Payment for jury duty shall not exceed five (5) work days.

7.11 VACATION ELIGIBILITY UPON RETURN FROM LEAVE OF ABSENCE. An employee on approved leave of absence who has not taken vacation shall be entitled to vacation provided the eligibility requirements set forth in section 7.2 and 7.3 have been met and continuous service requirements have been met as defined in Article 9.

7.12 EFFECTIVE LEAVE OF ABSENCE ON EMPLOYEES BENEFITS

7.12.1 Time spent on an unpaid leave absence of over ninety (90) days will not be counted as time employed in determining employees eligibility for benefits that accrue on the basis of length of employment.

7.12.2 An employee who is granted a leave of absence will be required to take paid vacation or sick/personal leave up to 10 days earned before unpaid leave for any leave of absence.

7.12.3 The effect of leaves of absence on employee benefits other than those included above are included in the policies regarding the individual benefits.

7.13 FAMILY MEDICAL LEAVE. Family and medical leave will be granted in accordance with the federal Family and Medical Leave Act and the regulations issued there under.

ARTICLE 8

CONTINUOUS SERVICE CREDIT

8.1 ACQUISITION OF CONTINUOUS SERVICE CREDIT. Each employee shall have continuous service credit with the Company dating from the date of his or her unbroken service as defined by the Service Contract Act.

8.2 CONTINUITY OF SERVICE.

8.2.1 The continuous service credit and seniority of an employee will be broken under the following conditions, and, when so broken, such employee shall be for all purposes considered a new employee if and when rehired:

A) Resignation or other voluntary termination of employment.

B) Discharge for just cause.

C) Absence in excess of two (2) consecutive working days without notice, either by telephone or written message by messenger, to the immediate supervisor or project manager unless satisfactory evidence of inability to report is shown.

D) Unauthorized absence beyond the time limit of an authorized vacation or an approved absence unless satisfactory evidence of inability to report to work is shown.

E) Failure to report to work after layoff within five (5) working days after the Company gives the employee written notice to return to such work. The Company shall also give a copy of such notice to the Union. Such notice shall be deemed to have been sufficiently given if sent to the employee by registered or certified mail addressed to the last address furnished to the employee relations department of the Company. In the event mail delivery of such notice exceed three (3) days, the Company shall extend the time in which a reply must be received by the number of days in excess of three (3).

F) Seniority shall be discontinued for employees on medical leave beyond ninety (90) days except when medical conditions does permit employees be granted an additional extension when prompted by medical condition.

G) Any part-time employee who refuses to make themselves available for work when requested three

(3) times in any three (3) month period time without a valid reason will be subject to termination.

On second refusal, the employee will be formally reprimanded and advised of his/her status.

8.3 CONTINUOUS SERVICE CREDITS. Each employee shall have continuous service credits with the Company while on excused/approved leave of absence as follows:

1. Military Duty as Required by Federal Regulations

2. Union Leave

3. Sick Leave

4. Vacation

5. Jury Duty/Witness Duty

6. Approved Leave of Absence

7. Non-War Military Duty

8. Bereavement

ARTICLE 9

SENIORITY

9.1 ACQUISITION OF SENIORITY. Employees of the Company will have seniority dating from their original date of hire at Tinker Air Force Base, Oklahoma, Base Supply and Munitions Contract; provided they have no break in service as defined by the Service Contract Act.

9.1.1 Newly hired employees will, after completion of a probationary period of ninety (90) days have seniority dating from the date of hire by the Company.

9.1.2 In the event of a tie, the deciding factor will be the last four digits of the employee's social security number, with the highest number having the most seniority.

9.1.3 Note: Union Representatives and Elected Officials hold seniority above all others when seniority is in question.

9.1.4 In order to be nominated for a union leadership position, the individual being considered must have at least two (2) years continuous employment with the Company.

9.2 PROMOTIONS.

9.2.1 Job openings, other than temporary upgrades will be posted for bidding for a period of five (5) working days.

A) Exception to the five (5) working day posting is when the Union has been requested by the Company to perform a census for bidding of vacancy. The census is designed to ask employees of the Company covered in the collective bargaining unit if they are interested in bidding for vacant position.

1) In the event an employee of the Company in the collective bargaining unit declares, to the Union, they are considering bidding for position then census shall be closed and the Union will notify the Company that the five (5) working day posting cannot be closed early to outsource employment.

2) If census has been requested and no employee of the Company in the collective bargaining unit is interested in bidding for position then the Company may close bidding and outsource for position.

3) In the event a census was performed resulting in no employee having an interest in bidding for position at time of census but prior to the normal five (5) working day posting close any employee who has a desire to bid the vacant position shall receive first consideration for vacant position above all outside applicants.

B) An employee who is interested in applying for a job opening should secure and complete an application (if required) and shall present an updated resume to the Company.

C) Upon expiration of the posting period, Management will interview employees who meet the minimum requirements. Selection will be made within fourteen (14) days of the close of the posting period.

D) Position qualifications and minimum requirements for position selection shall be contained in the posting. Direct job experience and relevant training will be maintained in Company records.

Employees must update their records prior to or at time of the job posting.

E) Selection priority is promotion, lateral, then down grades. Employees who apply for and who are accepted for a lower rated position will receive the classification wage rate of the new position.

F) The most senior qualified employee having the greatest direct job experience and training related to the position, as determined by management, will be selected for the open position.

G) Any employee selected must be deemed qualified for the open position through experience, current job knowledge, and current certification (if applicable) necessary to perform duties of the job assessed during the interview process by the Company's representatives.

H) Promoted employees will be given an orientation period of ninety (90) calendar days to familiarize themselves and demonstrate acceptable proficiency. Failing to do so, the employee will be returned to their prior classification. If the secondary opening has been filled by a promotion, that employee will be returned to their prior position as well.

I) Qualifications and proficiency will be determined by management at the end of the orientation period.

J) Employees transferred under this Agreement will not be eligible for another transfer (posting) for duration of six (6) months.

9.3 LOSS OR TERMINATION OF SENIORITY.

9.3.1 The seniority of an employee will be terminated under the same conditions which cause a break in continuous service credit or if an employee remains on layoff for a lack of work for a period of nine (9) months.

9.4 LAYOFF.

9.4.1 When layoffs occur, probationary employees shall be laid off first. If further layoffs are necessary, such layoffs shall be made by seniority within the occupational classification affected.

9.4.2 An employee subject to layoff under the foregoing should exercise bumping rights in the following order.

A) The employee will displace a bargaining unit employee with less seniority who is within their same job classification. If the employee is unable to bump based on this subparagraph, then refer to subparagraph (B) below.

B) The employee will displace any bargaining unit employee with less seniority in any other lower rated job classification within the bargaining unit; provided he/she has the skills and qualifications to perform the work.

9.4.3 Such employee must notify the Company, in writing or email, of his/her intent to exercise bumping rights within two (2) work days of the Company's layoff notice. An employee so displaced may similarly exercise his/her rights of displacing another employee in accordance with the same criteria, it being understood , however, that the initial and resultant "bumps" must occur simultaneously so that there will be no delay in the layoff process.

9.5 RECALL.

9.5.1 For the purpose of reinstatement, laid-off employees shall be recalled in the following order.

A) Laid-Off employees who are classified in the occupational classification in which recalls are being made, in inverse order of layoff.

B) Laid-Off employees outside the recalled occupation who have skills, qualifications and physical capabilities to do the work required in order of seniority provided there is documented proof of skills and qualifications.

C) No new employees will be hired until all such laid off collective bargaining unit member employees have been offered recall within their occupational classification.

9.6 SENIORITY LIST.

9.6.1 The Company shall supply the Union with a seniority list of the employees covered by this Agreement.

Such list shall be revised every six (6) months.

9.7 EMPLOYEES TRANSFERRED OUT OF BARGAINING UNIT.

9.7.1 An employee who has established seniority rights in an occupational classification within the bargaining unit and who is subsequently transferred or promoted to a position outside the bargaining unit shall be deemed to have accumulated and retained seniority rights in accordance with the provisions of this Agreement for a period of ninety (90) days only from the date of such transfer or promotion if, in the opinion of the Company, it becomes necessary to return him/her to a vacant position within the bargaining unit.

9.8 SHIFT PREFERENCE

9.8.1 When a vacancy exists on any shift or in the formation of any new shift, preference in filling such vacancy shall be granted on a seniority basis where consistent with efficient operation and occupational classification.

9.8.2 If a full-time position is open due to illness, the open position will be posted and filled temporarily by a part-time employee. Such temporary position will be filled until full-time employee returns to his/her position.

9.8.3 Bumping rights will be followed for reduction in hours, permanent change in skill, or an elimination of position when directed by the Company.

9.9 SEVERANCE PAY.

9.9.1 Any employee with more than one (1) year of continuous service credit who has established seniority shall be entitled to severance pay when the employee is involuntarily separated from employment because of lack of work for a period in excess of thirty (30) days.

9.9.2 Such severance pay will be paid only while such employee remains off from work and at the time the employee’s payroll check would have been issued if the employee had continued to work. Such severance pay will continue until the employee had continued until the employee is recalled to work or until the employee exhausts his or her severance pay, whichever occurs sooner. Should the returned employee thereafter be involuntarily separated from employment because of lack of work for a period in excess of thirty (30) continuous calendar days, the employee's entitlement to severance pay shall be reduced by the weeks of severance pay previously paid to such employee.

9.9.3 No employee shall be entitled to severance pay in cases where such layoff is due to fire, flood, explosion, bombing, earthquake, or act of God causing damage at the location where work is performed under this Agreement or from strikes or work stoppages resulting in the inability to maintain normal operations.

Severance pay will not be paid to an employee discharged for cause or to an employee who resigns, or has been hired by new contract, or hired by government.

9.9.4 Length of service for severance pay commences with the date of hire by the Base Supply and Munitions Contract. The severance pay for employees entitled under the provisions of this Agreement shall be only for the years of continuous employment by the Base Supply and Munitions contract as follows:

Length of Service Severance Pay 1 to 2 years 1 week 2 to 3 years 2 weeks 3 to 4 years 3 weeks 4 to 6 years 4 weeks 6 or more years 5 weeks

ARTICLE 10

SAFETY, HEALTH, AND DISABILITY BENEFITS

10.1 HEALTH AND WELFARE BENEFITS

10.1.1 The health and welfare (H &W) benefits allotted each employee shall be paid in accordance with Attachment "A".

10.1.2 H &W shall be paid on a monthly basis into a plan established by the Company.

10.1.3 Employer will provide the hourly Health and Welfare (H &W) as set forth in Attachment A of this agreement in the form of H &W benefits under an Affordable Care Act (ACA) compliant plan selected by the employer. Any excess between the premium cost of such ACA-compliant plan and H &W benefit rate will be provided in the form of 401K contributions. If an employee declines the ACA, based on justifiable reasons, the H &W will be provided in the form of 401K contribution.

10.2 DISABILITY BENEFITS.

10.2.1 Disability Benefits shall be allotted each employee and given at a rate of $1 .40 per hour straight time.

10.2.2 The Company will provide a mutually agreed upon short term and long term extended disability benefits package. The premium shall be paid from the amount designated in l0.2.1.

10.2.3 The short term and long term extended disability benefits package will not exceed $1.40 per hour straight time.

10.2.4 Any amount not used by the premiums of the Disability benefit shall be placed in the plan described in section l0.1.

10.3 SAFETY AND FOUL WEATHER BENEFITS.

10.3.3 The Company will make all reasonable provisions for the safety and health of its employees during hours of employment, with the union's full cooperation.

10.3.3.1 The Company agrees to provide each employee an annual safety and foul weather equipment allowance of $200.00 commencing on 1 October of each year not to exceed one disbursement per employee per calendar year except as described in this section.

10.3.3.2 New employees hired up to four (4) months prior (1 Jun to 30 Sep) to the annual allowance disbursement (1 Oct) shall receive their allowance at time of hire but will not receive a second disbursement until the next calendar years disbursement.

10.3.3.3 New employees hired between five (5) to nine (9) months prior (I Jan to 31 May) to the annual allowance disbursement (1 Oct) at time of hire shall receive $100 which is one half (1/2) the allotted allowance of $200 and shall resume the normal disbursement amount of $200 commencing on 1 Oct.

10.3.3.4 New employees hired prior to 1Jan shall receive annual allowance of $200 at time of hire and shall resume the normal disbursement amount of $200 commencing on 1Oct

10.4 SAFETY MEETINGS. The Company and Union will meet one (1) time per month to discuss safety issues and problems.

10.5 PHYSICAL EXAMINATION.

10.5.3 The Company may require an employee to undergo a physical examination for cause. The Union agrees to cooperate fully with all requirements imposed upon the Company by statute, regulations, or contract to establish and enforce policies prohibiting the use, sale, and /or possession of drugs and controlled substances and the detection thereof.

10.5.4. The Company shall have the right to select the examining physician to request the physician to conduct specific tests, and to receive a written report from the physician as to his findings. All such reports shall be considered and treated in and tests, exclusive of any treatment given shall be borne by the Company.

10.6 DRUG FREE WORKPLACE.

10.6.3 The Company will not conduct random drug or alcohol testing on employees except as required by the United States Air Force or by applicable law; otherwise, drug or alcohol testing will be performed only for reasonable probable cause. Probable cause is defined as unusual behavior or involved in a job-related accident. Any drug testing of an employee will not be considered to be positive unless a certified laboratory confirms such positive test. Careful documented "Chain of Custody" will be observed.

10.6.2 Searches of an individual employee's property and possessions will not be undertaken by the Company unless reasonable probable cause exists or unless such searches are required by the United States Air Force or by applicable law. Such "reasonable probable cause" will include, but will not necessarily be limited to, observation or independent evidence.

10.6.3 An employee whose performance on the job is impaired by prescription medication or over-the-counter medication will not be permitted to work.

10.6.4 An employee who recognizes that he/she has a drug problem and who voluntarily seeks assistance prior to detection of such problem through the Company's drug and alcohol policy testing provisions will be given an opportunity to correct his/her problem through treatment at an approved facility.

A) The Company will not pay the cost of any such treatment.

B) An employee will not be subject to discipline as a direct result of participation in a recovery program.

10.6.5 The Company will pay for pre-employment physicals, orientations, and drug testing.

ARTICLE 11

GOVERNMENT SECURITY

11.1 DEFENSE SECURITY.

11.1.1 The Union recognizes that the Company has certain obligations in its contracts with the government pertaining to security and that security is vital to the Company and the Union in carrying out their parts in the defense effort.

11.1.2 ln the event that the armed forces, through their duly authorized representatives concerned with security, advise or have advised the Company that any employee in the bargaining unit covered by this Agreement is denied work on Tinker Air Force Base or access to classified information or material, it is mutually agreed between the Company and the Union that such employee shall be subject to any action as to his employment, including but not limited to termination, which the Company considers necessary for security reasons. Any such employee will have no seniority rights under this Agreement while such determination is outstanding.

11.1.3 In the event, However, that the review duly made by the appropriate governmental authority shall result in a reversal in the original ruling, all seniority, benefits, and other employment rights of an employee shall be restored to him/her, and, if he/she has been removed from employment for security reasons and such reversal is obtained after his/her…