AppendixHUSAFATowPilotsCBA.pdf

Local Lodge No. 47

International Association of Machinists and Aerospace

Workers

AFL-CIO

Commerce City, Colorado 80022 and

Doss Aviation, Inc.

“Tow Pilots”

Colorado Springs, Colorado 80917

COLLECTIVE BARGAINING AGREEMENT

October 1, 2013 – September 30, 2017

Appendix H FA8106-14-R-0004

TABLE OF CONTENTS

AGREEMENT 3

PREAMBLE 3

DEFINITIONS 3

GENERAL 4

ARTICLE 1 RECOGNITION 4

ARTICLE 2 MANAGEMENT RIGHTS 5

ARTICLE 3 UNION ACCESS TO OPERATIONS 5

ARTICLE 4 SHOP STEWARDS & BUSINESS REPRESENTATIVE 6

ARTICLE 5 GRIEVANCE PROCEDURE 6

ARTICLE 6 NO STRIKE/NO LOCKOUT 8

ARTICLE 7 BULLETIN BOARDS 8

ARTICLE 8 BARGAINING UNIT WORK 8

ARTICLE 9 DUES CHECK OFF 8

ARTICLE 10 SENIORITY 9

ARTICLE 11 HOURS OF WORK 11

ARTICLE 12 OVERTIME 11

ARTICLE 13 CLASSIFICATION AND PAY 11

ARTICLE 14 COMPENSATION 12

ARTICLE 15 HEALTH & WELFARE INSURANCE 12

ARTICLE 16 PATIENT PROTECTION AND AFFORDABLE CARE ACT 12

ARTICLE 17 HOLIDAYS 12

ARTICLE 18 PAID TIME OFF 13

ARTICLE 19 BEREAVEMENT LEAVE 14

ARTICLE 20 UNIFORMS 14

ARTICLE 21 SCHEDULING 14

ARTICLE 22 LEAVE OF ABSENCE 16

ARTICLE 23 MILITARY LEAVE 16

ARTICLE 24 DEPLOYMENTS 16

ARTICLE 25 JURY DUTY 17

ARTICLE 26 DRUG AND ALCOHOL TESTING 17

ARTICLE 27 401(k) PENSION AND PROFIT SHARING PLAN 18

ARTICLE 28 LIABILITY INSURANCE 18

ARTICLE 29 SAFETY 18

Appendix H FA8106-14-R-0004

AGREEMENT

This Agreement made and entered into this 30 th day of September 2013, to become effective the st day of October 2013, by and between Doss Aviation, Inc. (hereinafter referred to as the

Company) and the International Association of Machinists and Aerospace Workers AFL-CIO, and its Local Lodge No. 47 (hereinafter jointly and severally referred to as the Union).

This Agreement shall remain in effect until midnight on September 30, 2017, without reopening rights for any purpose by either party, and shall automatically renew itself from year to year thereafter unless written notice of desire to terminate the Agreement is given by either party at least sixty (60) days prior to September 30, 2017 or at least sixty (60) days prior to any annual expiration date thereafter. If such written notice of desire to terminate is given, the Parties may nevertheless mutually agree in writing to an extension of this Agreement for a specified length of time beyond the expiration date.

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, hours, and working conditions of the

Tow Pilots in the service of the Company, covered hereby, as well as to the rights of the

Company and the Union, and to provide a peaceful means for the settlement of any disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

For purposes of simplicity, the masculine gender is used throughout this agreement although it is understood that all references to gender include both sexes.

DEFINITIONS

The following prominent terms, used throughout this Agreement, are defined below:

CHIEF PILOT. An individual, chosen by the Company, who is responsible for the scheduling, training and oversight of the Tow Pilots.

FLIGHT LEADERS. Regular Pilot who serves as Flight Leader under the selection and determination of Management and the Chief Pilot. Must work at least seventy-five percent

(75%) of regularly scheduled workdays, as measured over a twelve (12) month period, excluding vacation and add-on days.

REGULAR PILOT. An employee of the Company who occupies one of ten positions on one of two (2) regularly scheduled Flights of five (5) tow pilots.

ALTERNATE PILOT. An employee of the Company who substitutes for Regular Pilots as needed.

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PROBATIONARY PILOT. A newly employed pilot, during the 90-day period after his completion of initial training. Seniority start date begins upon completion of training. Newly hired pilots are not eligible for paid time off until the completion of the probationary period.

However, upon completion of the probationary period, new hire pilots will be credited with accrued paid time off commencing with the date of hire.

GENERAL

Except where the Company has an established policy, practice or procedure uniformly applicable to all employees, or where U.S. Government Criteria and Regulations governing the policy and administration of the Contract between Doss Aviation, Inc. and the USAFA specifically apply to

Pilots employed by the Contractor, the Federal Aviation Regulations (FAR’s) shall constitute the physical, operational and personal conduct standards for Pilots. Each pilot must pass an annual FAA Class II medical examination of which the Company will pay. The Company will pay or reimburse pilots for the EKG and blood chemistry analysis.

Provided, however, that the Company will, in conjunction with the Pilot’s annual FAA Class II medical examination, require the pilot to demonstrate an absence of myocardial infarction and other clinically significant cardiovascular abnormality on electrocardiograph examination.

Provided further, that the Company will, in conjunction with the Pilot’s annual FAA Class II medical examination, require blood chemistry analyses which, in the opinion of the Aviation

Medical Examiner, are reasonable tests to insure compliance with 14CFR, Chapter 1- Part 67, Paragraph 67.213 – General Medical Condition.

ARTICLE 1 - RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole and exclusive bargaining representative of all employees of Doss Aviation performing work as Pilots for the Towing

Contract at the U.S. Air Force Academy, as certified by the National Labor Relations Board in

Case No. 27-RC-7898. This excludes mechanics, clericals, supervisors and guards for the purpose of collective bargaining with respect to wages, hours of work and other conditions of employment of employees in the bargaining unit as herein defined.

Section 2. If any of the specific provisions of this contract are rendered unenforceable by changes in the law or significant alterations in the contract with the Government, the Company and the Union agree to meet and discuss any changes which may be necessary to conform the terms of the contract. All other provisions not effected shall remain in full force and effect.

Section 3. The Company shall notify the Chief Steward of all new hires and promotions, their job classifications and shift assignment.

Section 4. The specific terms of this contract shall be the sole source of any rights that may be asserted by the Union against the Company.

Section 5. If a classification is created or eliminated the Company shall notify the Union in writing. Within two weeks of this written notification, the Parties shall meet to negotiate the rate

Appendix H FA8106-14-R-0004 of pay for the new classification or the effects of the eliminated classification. The time limits as set forth in this section may be extended by mutual agreement.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 1. Except as specifically abridged, delegated or modified by a specific provision of this

Agreement, or any supplementary agreements that may here after be made, all the rights, powers and authority the Company possesses prior to the signing of this Agreement are retained by the

Company and remain exclusively and without limitation within the rights of management.

Rights of management include, but are not limited to, the right to establish or continue policies, practices and procedures for the conduct of business and from time to time change or abolish any of such policies, practices or procedures; determine and from time to time re-determine the number, location or relocation of operations and other facilities; from time to time determine the type of operations, the methods, processes and materials to be employed and services to be performed; establish, combine or split up departments or transfer work from one department to another; transfer work from one operation or facility to another; discontinue operations and subcontract work not historically performed by the bargaining unit; determine the number of hours per day or per week operations shall be carried on, including the starting/stopping times and rotation of shifts and jobs; select and determine number and job classification of employees required; assign work to employees in accordance with requirements determined by management; establish and change work schedules and assignments; determine methods of work measurement and establish standards of work performance; transfer, promote or demote employees, or layoff, terminate, or otherwise relieve employees from duty for lack of work or other reasons; make and enforce reasonable rules for personal conduct and maintenance of discipline, and amend, modify, or revoke any rules; suspend, discharge, and otherwise discipline employees for just cause.

Section 2. The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising in the same or some other way not in conflict with the express provisions of this Agreement.

Section 3. The management rights as set forth above are retained by the Company and shall not be impaired by any arbitration award under Article 5 of this Agreement.

ARTICLE 3 - UNION ACCESS TO OPERATIONS

Section 1. The Company agrees that the business representative or representative of the

International will be allowed to visit employees while they are on the job in the Company’s operations for the purposes of conducting legitimate Union business. Prior to the business representative/International Representative visiting the shop, The Union will notify the Contract

Manager or his designee as to the purpose of his visit. Such visits shall not unduly interfere with production or work being performed. The Union representative shall notify the Contract

Manager or his designee when he is leaving the Company’s operations.

Appendix H FA8106-14-R-0004

Section 2. The Company, if it desires may have a Company representative accompany the

Union representative while he is visiting its operations. The Company shall allow the Union representative privacy upon request for the purposes of conducting Union business.

Section 3. The Company reserves the right to withhold its permission for visits to its operations as set out in Section 1 in the event of abuse of the privilege by the representative of the Union.

ARTICLE 4 - SHOP STEWARDS & BUSINESS REPRESENTATIVES

The Company shall recognize a total of two (2) Shop Stewards, one (1) representing the Regular

Pilots and one (1) representing the Alternate Pilots. Shop Stewards shall be duly selected by the

Union, and one (1) of the total number of Stewards recognized shall be designated as Chief

Steward. The Union will notify the Company in writing within ten (10) working days of any changes in elected Stewards and Chief Steward.

ARTICLE 5 - GRIEVANCE PROCEDURE

Section 1. For the purposes of the Agreement, a grievance is defined as a dispute between the

Company and the Union or between the Company and any non-probationary pilot covered hereby, with respect to the alleged violation of a specific provision of this Agreement.

Grievances as herein defined shall be processed in keeping with the following procedure:

Step 1. Both parties encourage informal, verbal resolution of disputes with the Chief

Pilot as quickly as possible. If it is unsuccessful, the aggrieved pilot with his Steward shall discuss the dispute with the Contract Manager; if the grievance has not been satisfactorily resolved within three (3) working days following its presentation to the

Contract Manager, then:

Step 2. The grievance may be submitted in writing, on a form mutually agreed upon to by the Contract Manager and Union containing information set out in Section 3, to the

Contract Manager, within five (5) working days following the occurrence, or the constructive knowledge thereof, which caused the grievance. However, no grievance may be submitted later than thirty (30) days after its occurrence. The Contract Manager shall give his written answer to the grievance within three (3) working days after its submission to him in Step 2. Either side may request a meeting to discuss the details of the grievance and attempt to reach a solution prior to the issuance of the Contract

Managers written answer; the Union Representative will normally attend this meeting. In the event there is no satisfactory settlement of the grievance at this Step, then:

Step 3. The Union or the Company may appeal the grievance to arbitration making a written request for such action within not more than ten (10) working days following the

Contract Managers answer in Step 2, or lack thereof. No grievance will be considered under the grievance procedure unless it is presented in Step 1 within five (5) working days following the occurrence, or the constructive knowledge thereof, of the event giving rise thereto; however no grievance may be submitted later than thirty (30) days after its occurrence.

Appendix H FA8106-14-R-0004

Section 2. The Parties understand and agree that the time limits set forth in the various steps of the grievance procedure are essential to the prompt resolution of the grievances. Accordingly, if such time limits are not abided by, except in those instances where the Parties mutually agree in writing to extend such time limits, and in cases where the grievance is not timely presented by

Section 1, the grievance shall be automatically advanced to the next step of the grievance procedure provided, however, there must be a written notice for arbitration as set out above. In cases involving suspension or discharge, Step 1 will be waived and the matter taken up with the

Contract Manager within five (5) working days following such action by the Company.

Section 3. The grievance form shall contain the following information:

1. Name(s) of the pilot(s) involved;

2. Approximate date of alleged grievance;

3. Date of first discussion of the grievance with the Supervisor;

4. Date of Supervisors answer;

5. Nature of grievance;

6. Date of presentation of written grievance;

7. Section or sections of the contract alleged to have been violated; and

8. Requested remedy.

Section 4. Upon receipt of a notice to take a grievance to arbitration, the Parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) arbitrators for the purpose of selecting an arbitrator.

Section 5. Only the Union or the Company may request arbitration of the other party.

Section 6. Upon receipt of the panel, the Parties shall make mutually satisfactory arrangements for the purpose of selecting an arbitrator by the process of alternately striking the names from the list until only one remains. The last remaining member shall serve as arbitrator. The Party that selects first will be determined by a flip of the coin.

Section 7. The arbitrator’s authority shall be limited to disposition of the grievance arising under the contract, and he may only interpret and apply the contract provisions to the facts of the particular grievance. The arbitrator shall have no power or authority to change, alter, modify, detract from or add to the terms of this Agreement. No award shall have retroactive effect prior to the date of the occurrence that led to the filing of the grievance upon which the arbitrator’s award is based.

Section 8. The arbitrator’s award shall be final and binding upon the Company, the Union, and the Pilot(s).

Section 9. The fees and cost of the arbitrator shall be borne equally by the Parties. Each Party shall otherwise pay its own costs and expenses.

ARTICLE 6 - NO STRIKE-NO LOCKOUT

Section 1. During the term of this Agreement, the Union, its officers, agents, representatives and members covered by this Agreement, agree that there shall be no strikes, sit-downs, slowdowns, stoppages of work or acts of a similar nature which would slow down or interfere with production or operations, and no picketing of any kind, and further agree that they will not take part in, cause, authorize, instigate, aid, sanction, encourage, condone or ratify such actions. Any employee who participates in any of the above shall be subject to discipline up to and including discharge. The Company agrees that for the duration of this Agreement there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of an operation or any part thereof or curtailing any operations for business reasons.

Section 2. In the event of any violation of Section 1 of this Article, it shall be the duty and the obligation of the Union, its officer, agents or representatives (employee or non-employee) to immediately take all reasonable steps required to bring about an end to such misconduct.

ARTICLE 7 - BULLETIN BOARDS

The Company agrees to provide bulletin board space in Building 9213 for the purpose of posting legitimate Union notices. The Union agrees to provide the Chief Pilot or, in his absence, the

Contract Manager, with an advance copy of all notices published.

ARTICLE 8 - BARGAINING UNIT WORK

Section 1. Except in an emergency, when no pilots are available, supervisors and employees not covered by this Agreement shall not perform work that can be performed by pilots within the bargaining unit where the purpose of the flight is pilot instruction or evaluation, glider towing or ferrying of aircraft incident to deployments.

Functional check flights, engine run-ins, ferry flights not incident to deployments and other flights not directly associated with the glider-towing contract are at the discretion of the

Company. Pilots within the bargaining unit will be paid at their regular rate in the event that the

Company elects to use pilots within the bargaining unit for these operations.

Section 2. This article shall not be construed to prevent employees outside the bargaining unit from performing work normally within their regular duties. Work performed by supervisors and non-bargaining unit employees pursuant to this Article is not intended to reduce work or overtime hours or result in the replacement of bargaining unit pilots.

ARTICLE 9 - DUES CHECKOFF

Section 1. Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's pay the initiation fee, if any; and dues payable by him to the Union during the period provided for in said authorization.

Appendix H FA8106-14-R-0004

Deductions shall be made on account of initiation fees, if appropriate, from the first pay of the month of the employee after receipt of the authorization. Deductions shall be made on account of Union dues from the first pay check of the month of the employee after receipt of the authorization and monthly thereafter from the first pay of the employee in each month.

Section 2. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the 20th day of the month in which the deductions are made.

Section 3. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 10 - SENIORITY

Seniority shall mean a pilots length of continuous service. Pilots newly hired shall accumulate seniority from the final date of training. If application of the preceding sentences results in two

(2) or more pilots having the same seniority, the pilot with the longest period of continuous service working on any portion of the Consolidated Aircraft Maintenance and Towing Services

Contract at the U.S. Air Force Academy, or its successor contract, USAFA Aircraft Maintenance and Towing Services, shall be deemed to be most senior. If this does not resolve the matter, then the pilot with the earliest date of birth shall be deemed most senior. Seniority shall be applicable only as expressly provided in this Agreement. When qualifications are relatively equal, seniority will be a key determinate in the promotion of alternate pilots to regular pilot status, selection for deployments, and special flying requirements. Seniority will prevail in scheduling matters, work to be performed, conflict with days off, and paid time off days. In the selection of the Chief

Pilot and Flight Leaders, seniority shall be the primary factor in the determination of filling those positions.

All openings will be posted in accordance with the company’s recruiting policy.

Section 1. Seniority Lists and Probationary Period:

Seniority List. The Company will publish and display a seniority list, showing dates for all pilots within 60 days of such request. Pilots who are on leave of absence for more than 90 days, except those who are grounded for medical reasons, will have their seniority dates adjusted to reflect the periods of time they were not available for service.

Probationary Period. New pilots shall be on probation for the first ninety (90) calendar days after completing initial training during which time they may be discharged at the sole discretion of the Company. If retained after the probationary period, their names shall be placed on the seniority list as of the final date of their training.

Section 2. Layoffs:

Appendix H FA8106-14-R-0004

Determination of Layoffs. The Company will determine the timing of layoffs and the number of pilots to be laid off. If the Company determines that one (1) or more pilots shall be laid off, the Company will lay off the junior pilot(s) first. A uniform reduction in the number of hours scheduled in a work week for all pilots shall not constitute a layoff.

A layoff is defined as a long-term reduction in the workforce.

The Company will provide seventy-two (72) hours advance notice to those pilots affected by any layoff or provide twenty-four (24) hours pay in lieu thereof. This provision shall not apply in the event of an act of God, strike, or civil commotion.

Section 3. Recall:

Order of Recall: If the Company determines to fill a vacant position after a pilot(s) is/are laid off, such pilot(s) shall be recalled in the reverse order of layoff, in accordance with Article 10, Section 4.e. of this Agreement. Pilots recalled from layoff shall return to the job to which their seniority and qualifications entitle them.

Notice of Recall: The Company will forward notice of recall by certified mail to the last known address of the pilot reflected on the Company records. A laid off pilot shall promptly notify the Company of any change of address. The pilot must, within three (3) calendar days of delivery or attempted delivery of the notice of recall, notify the

Company of his intent to return to work on the date specified for recall and thereafter return to work on such date. It is agreed the company will allow recalled pilots up to two

(2) weeks to return to work. Pilots who fail to properly notify the Company of their intent to return to work or fail to return to work as scheduled will be terminated.

Section 4. Termination of Seniority: A pilot’s seniority shall be terminated and his rights under this Agreement forfeited for the following reasons:

a. Discharge for just cause, retirement, or resignation (quitting for whatever reason).

b. Failure to give notice of intent to return to work after recall with the time period.

c. Except for layoff, time lapse of eighteen (18) months, or for a period equal to the pilot’s seniority (whichever is less), since the last day of actual work for the

Company, regardless of reason.

d. Failure to return to work upon expiration of a leave of absence.

e. Layoff for a period of eighteen (18) months or for a period equal to the pilot’s seniority, whichever is less.

Appendix H FA8106-14-R-0004

ARTICLE 11 – HOURS OF WORK

Section 1. Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. When military flying schedules change, the Company may change hours of work schedules of employees to coincide. If performed, thirty (30) minutes of pre-flight and post-flight time is authorized.

Section 2. Pilots are allowed to take reasonable break periods not to exceed one ten (10) minute break during a shift of four (4) hours or less and two ten (10) minute break periods for shifts longer than four (4) hours. Shorter breaks for physiological needs are permitted as necessary.

Additionally, one paid twenty (20) minute lunch break will be allowed for shifts longer than six

(6) hours. Except as necessary for the pilot’s physiological needs, these breaks will be spaced so that there is no more than one pilot on break at a given time to minimize disruption to the towing operations.

Section 3. The Company will schedule pilots to best accomplish the task and support the contract with the U.S. Air Force Academy. Once the Flying Training Group and the Company agree upon the Weekly Soaring Schedule, and the schedule has been approved by the FTG, the tow pilots are guaranteed those minimum hours of work for the week or pay at their regular rate of pay for their classification for that respective week.

Weather factors delaying or canceling flying during a day’s operations are not considered a change in the schedule.

If work is added to the Weekly Soaring schedule, scheduled pilots may refuse such additional work without prejudice and the additional work will be offered to other regular and alternate pilots by seniority.

When tow planes are scheduled to be flown to a repair/overhaul facility, “regular” tow pilots will receive the priority in flying those aircraft to/from the facility.

ARTICLE 12 – OVERTIME

Pilots shall be paid their regular hourly rate multiplied by one and one-half (1-1/2) for all hours worked in excess of forty hours in any one pay week. For purposes of this Article, each pay week shall begin at 0001 on Saturday and end 168 hours later at midnight on Friday. Pilots flying on Sundays will receive one and one-half (1-1/2X’s) their regular hourly pay. There shall be no duplication of overtime.

ARTICLE 13 – CLASSIFICATION AND PAY

Section 1. All work coming within the scope of the Agreement will be classified to fit the job classification herein established. (Chief Pilot, Flight Leader, Regular Pilot, Alternate Pilot, and

Probationary Pilot). All pilots covered by this Agreement will be classified in accordance with the job they perform.

Appendix H FA8106-14-R-0004

Section 2. Pilots temporarily working in a higher classification other than their own will receive the higher pay rate.

Section 3. Pilots will be paid on a bi-weekly basis. Pay periods end on a Friday and Pilots will be paid on the Friday following the completion of a pay period. Special pay periods may be established at the Company’s option when recognized holidays fall on a regular payday. Pay stubs will be available electronically every pay day.

ARTICLE 14 – COMPENSATION

The following wage rates will be effective for the period of this Agreement and apply to all bargaining unit Pilots.

HOURLY RATE

1 Oct. 13 -

30 Sept. 14 (2.25%)

1 Oct. 14 -

30 Sept. 15 (2.50%)

1 Oct. 15 -

30 Sept. 16 (2.50%)

1 Oct. 16 -

30 Sept. 17 (3.00%)

$41.68 $42.72 $43.79 $45.10

The Chief Pilot and Flight Leaders rate of pay will be an additional 10% per hour worked in addition to the basic wage rate. Alternate Flight Leaders, when working as Flight Leaders, will also receive an additional 10% per hour in addition to the basic wage rate. New pilots will receive the basic wage rate during initial training.

ARTICLE 15 – HEALTH & WELFARE

The Company agrees to pay pilots a health and welfare benefit in the following amounts:

Oct. 1, 2013 to Sep. 30, 2014: $4.80 per paid hour/max. $9,984.00 per year

Oct. 1, 2014 to Sep. 30, 2015: $4.90 per paid hour/max. $10,192.00 per year

Oct. 1, 2015 to Sep. 30, 2016: $5.00 per paid hour/max. $10,400.00 per year

Oct. 1, 2016 to Sep. 30, 2017: $5.10 per paid hour/max. $10,608.00 per year

ARTICLE 16 – PATIENT PROTECTION AND AFFORDABLE CARE ACT

The company reserves the right to adjust medical insurance coverage in order to comply with the Patient Protection and Affordable Care Act requirements. In the event an employee becomes enrolled in the medical coverage, the employee portion of the premiums will be deducted from the health and welfare benefit.

ARTICLE 17 - HOLIDAYS

The following ten (10) days each year are to be paid holidays:

New Years Day Labor Day

Martin Luther King Day Columbus Day

Appendix H FA8106-14-R-0004

Presidents Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Any holiday falling on a Saturday or Sunday will be celebrated on the day set by the federal government.

Pilots who work on a paid holiday will receive 1-1/2 times their normal hourly rate for each hour worked on the holiday in addition to the paid holiday.

Regular pilots will be paid eight (8) hours pay as holiday pay and an Alternate Pilot will receive four (4) hours pay. An employee must receive pay for time worked or approved time off during a pay period in order to receive holiday pay.

ARTICLE 18 – PAID TIME OFF

Section 1. Paid time off (PTO) will accrue as of each pay period in the amounts reflected below. The PTO year for eligibility and service shall be calculated from hiring anniversary date on the contract.

PTO requests will be submitted to the Chief Pilot in advance by the twentieth of the preceding month in which the leave is desired if the leave is for one week or more. For unexpected uses of PTO, the employee should coordinate with the Chief Pilot at least one hour in advance.

Should an employee be deemed unfit to work by a physician due to a serious illness or injury, the Company may require a certificate of fitness from a physician prior to the employee’s return to work.

All accrued PTO that has not been used will be paid out upon the date of a pilot’s termination of employment or on the date of Contract termination, whichever is earlier. If an employee is at or over the max carryover hours, a request for payout of up to one hundred (100) hours PTO may be made. PTO payout may only be requested once per calendar year. Requests made from January 1 to October 31 will be paid out within four

(4) weeks and requests made between November 1 and December 31 will be paid out no later than March 10 th of the following year.

PTO may be taken as needed by employees. If an employee does not have any PTO (has a zero balance), he/she may be advanced PTO up to the amount he/she would accrue through the end of the calendar year. If the employee terminates employment for any reason and he/she is in a negative balance situation, the employee will reimburse the Company for the unearned PTO.

Appendix H FA8106-14-R-0004

Section 2. The accrual rates will be as follows:

Years of

Service

Regular Pilots Max Carryover as of 12/31

Alternate Pilots Max Carryover as of 12/31

0 – 2 4.923 Hours 140 2.153 Hours 140

3 – 9 6.461 Hours 180 2.923 Hours 180

10 + 8 Hours 220 3.692 Hours 220

* The combined vacation and sick/personal leave balances will be the employee’s beginning

PTO balance as of 10/26/2013.

Section 3. In the event a holiday falls within a scheduled PTO period, pilots will not be charged PTO for the holiday.

An employee must receive pay for time worked or approved time off during a pay period in order to accrue PTO.

PTO will be paid at the pay rates set forth in Article 14.

ARTICLE 19 – BEREAVEMENT LEAVE

Regular pilots who have completed their probationary period with the Company shall be given up to four (4) consecutive work days off, with pay equal to the shift they are missing, to attend the funeral of a member of his immediate family. Immediate family shall be considered to be:

spouse, son, daughter, stepson, stepdaughter, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandmother, grandfather and grandchild.

If requested, up to five (5) additional consecutive days off without pay may be granted. A pilot may choose to use paid time off in lieu of time off without pay.

ARTICLE 20 – UNIFORMS

The company will provide required uniforms to all Pilots. After the probation period, new pilots will receive six (6) shirts, one (1) summer and one (1) winter jacket (jackets can be provided in the season they are needed), with nametags or embroidered patches/names on each item. The

Company will provide, prior to the appropriate season, three (3) summer and three (3) winter shirts and replace as needed. The Company will replace a Pilot’s winter and summer jacket as well as baseball cap and nomex flying gloves when any/either becomes unserviceable or too worn to present a professional appearance.

ARTICLE 21 – SCHEDULING

Scheduling is the responsibility of the Chief Pilot. The Site Manager and the Chief Pilot shall jointly agree on the number of alternate pilots. All pilots will be scheduled to their maximum availability, with pilot (regular and alternate) work schedules developed so no one pilot is scheduled to exceed forty hours in any one pay week when other pilots (regular or alternate) are

Appendix H FA8106-14-R-0004 available to substitute. Each Alternate pilot is required to fly a minimum of two (2) shifts per month, except December and May, and give the Chief Pilot at least fifteen (15) working days of availability each month excluding PTO.

Regular Pilots will have flexibility to schedule days off provided sufficient Alternate Pilots are available to substitute.

Pilots will indicate on the Chief Pilots calendar by the 20 th of each month the days they desire off the following month. The Chief Pilot will schedule work reductions to a Flight on a rotating basis. Regular Pilots, who are available to fill opposite shift slots due to a work reduction on their shift, will be given slot(s) on a rotating basis. Remaining vacant slots will be given to

Alternate Pilots on an equitable basis.

The Chief Pilot will post a master monthly schedule on the Bulletin Board by the 22 nd day of each month for the following month. The Chief Pilot will maintain the monthly calendar and the master monthly schedule as official records. Additionally, the Chief Pilot will post the approved weekly schedule within 48 hours of signature by the FTG Commander. The approved weekly schedule will highlight specific updated work hours and assigned pilots for the contracted week.

Once the master monthly schedule is posted, a Regular Pilot may not reclaim a day he requested off. He will be considered first for subsequent vacant slots if one becomes available.

After the monthly schedule has been posted:

Pilots may take a day off if a substitute pilot is available.

Pilots may exchange a daily shift with a pilot on the opposite Flight.

Changes to the master monthly schedule will be annotated with colored ink (other than black) and only by the Chief Pilot and primary Flight Leaders.

Pilots may have a pilot on the opposite Flight relieve him early for up to one hour or over-fly for up to one hour. Pilot relief/overlaps are authorized provided involved pilots are not originally scheduled for more than seven and one half hours pilot time.

If the Chief Pilot is unavailable to deal with a scheduling change, the applicable Flight

Leader will be responsible.

Flexibility for pilots in the scheduling process will be permitted provided all provisions of the Tow Contract are satisfied.

Regular Pilots will have flexibility to schedule days off, not to exceed thirty (30) consecutive days, provided sufficient Alternate Pilots are available to substitute. Pilots requesting less than

30 consecutive days off require no written requests/notices, in addition to the provisions of this

Article.

Appendix H FA8106-14-R-0004

ARTICLE 22 – LEAVE OF ABSENCE

The Company may grant leaves of absence without pay. The length of time approved will vary with the circumstances, but not to exceed 90 consecutive days. An electronic request must be submitted to the Contract Manager via the Chief Pilot. The request should include the reason for the leave and date to return to work. Employees are required to use their accrued paid time off before unpaid leave is taken. Failure to return from a leave of absence on the date of return to work stated in the request will normally result in termination of employment and be considered a resignation.

Except in cases of emergency, employees must request such unpaid leave at least 5 work days prior to the date the unpaid leave would begin.

Employees on unpaid leaves of absence shall continue to accrue seniority while on leave.

An employee shall lose his seniority and be terminated for the following:

1. Failure to return from a leave of absence on the agreed upon date.

2. Falsifying a reason for a leave of absence, and/or,

3. Becoming gainfully employed during a leave of absence without prior approval from the Company.

Any extension past the 90 consecutive days as provided for must be by mutual agreement between the Company and the employee.

ARTICLE 23 – MILITARY LEAVE

Any employee entering military service for training or service in accordance with the provisions of the existing selective service acts and other applicable laws will be restored to service in accordance with such laws.

ARTICLE 24 – DEPLOYMENT

Section 1. When a pilot is assigned to work more than 100 highway miles away from the U.S.

Air Force Academy site, the Company shall pay him as outlined in this Agreement to include:

A. Travel to and from the off site location. Pilots authorized to use their own vehicles for travel will be reimbursed in accordance with the U.S. Government Joint Travel

Regulations.

B. Daily per diem at the standard rate established by the Air Force while traveling to and from, and while located at, the deployment location. This will cover meals and incidental expenses away from the normal work location.

C. Lodging (single room), with the exception of any charges for personal long distance calls.

Appendix H FA8106-14-R-0004

D. Standard hourly pay for hours worked to include a minimum of eight (8) hours per day. In addition, a pilot will serve as a designated Flight Leader for each assignment away from USAFA utilizing two or more tow aircraft. This pilot will receive the premium pay rate for these duties.

Section 2. Selection of pilots for deployment will be rotated between each full time Flight and scheduled by the Chief Tow Pilot using scheduling provisions included in Article 21. If the selected crew cannot fill a specific deployment, priority for additional pilots will be given to pilots on the other Flight by seniority, then to Alternate pilots by seniority. When the deployment is for less than the available members of the selected flight, then a pilot who is not deployed due to seniority will stand first for the next deployment.

Pilots will be rotated at the halfway point of any deployment of longer than seven (7) days.

Effective October 1, 2003, if this results in both deploying and redeploying pilots being on duty during a Sunday, the Company will compensate all pilots involved on that “overlap” Sunday at the regular hourly rate. The Company reserves the right to make the final determination as to when deployment rotations will occur involving deployments of seven (7) days or less.

Section 3. The Company will do everything possible to provide a suitable 4-door vehicle for use during deployment, absent unforeseen circumstances. Further, the Company agrees to request the rental car company to authorize each deployed pilot as a driver, provided it is at no cost to the

Company.

Section 4. The Company will remind the Project Officer for the deployment to make reservations for the Tow Pilots at the same lodging facility used for the Air Force personnel. As soon as the Contract Manager learns of a deployment, he/she will contact the Project Officer to request that he make reservations for the Tow Pilots. If the lodging facility chosen by the

USAFA for its contingent has insufficient space to accommodate the Tow Pilots, the Company will do everything possible to insure that the lodging obtained for the Pilots is of at least similar quality and amenities.

ARTICLE 25 – JURY DUTY

The Company will cooperate with local, state and Federal courts permitting employees to serve on juries and will compensate each employee at their basic wage rate for their classification for up to five (5) days of service. Employees will turn over to the Company any amount of other pay received from such service. If an employee is needed to serve on extended jury service, the Company will work with the employee to make sure he/she is not negatively impacted by a loss of pay.

ARTICLE 26 – DRUG AND ALCOHOL TESTING

The Company and the Union agree to comply with and support all Federal Aviation Agency

(FAA) and Department of Defense Contractor regulations and requirements as they relate to drug and alcohol testing a Department of Defense contracted employee and employees performing

Appendix H FA8106-14-R-0004 flight duties. The Federal Aviation Regulations regarding drinking alcoholic beverages and flying will be strictly enforced.

ARTICLE 27 – 401(k) PENSION AND PROFIT SHARING PLAN

The Company provides the opportunity for all Pilots to participate in a deferred compensation pension plan. Employees will receive a Summary Plan Description (SPD) explaining the plan in detail.

The Company agrees to contribute an amount equal to 3% of the pilot’s gross earnings per pay period for all eligible pilots to the 401(k) Plan plus six hundred fifty dollars ($650) per year.

Gross earnings are defined as regular wages, premiums, differentials, holidays and other paid leave. Gross earnings do not include reimbursement for safety shoes, health and welfare or other payment not related to hours worked or paid leave.

ARTICLE 28 – LIABILITY INSURANCE

The Pilots are included in the Company’s liability insurance policy, which will cover all pilots in the event they have any accident while performing Company business in Company aircraft.

Minimum insurance amounts will be:

COVERAGE LIMITS OF LIABILITY

Each Person Each Occurrence

Single limit bodily injury including

Passengers and Property Damage n/a $1,000,000.00

All Bodily Injury Limited to: $200,000.00

Expenses for Medical Services: $1,000.00 $2,000.00

ARTICLE 29 – SAFETY

Pilots will be allowed to attend the USAFA Monthly/Quarterly Flight Safety Meetings at no cost to the Company.

Appendix H FA8106-14-R-0004

Appendix H FA8106-14-R-0004