CBA Sheppard.pdf
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- Attached to
- CONTRACTOR OPERATED AND MAINTAINED BASE SUPPLY (COMBS) SERVICES FOR THE T-6A/B/D TEXAN II AIRCRAFT
- Solicitation number
- FA810623R1000
About this file
This document is a collective bargaining agreement between JPATS Logistics Services and the International Association of Machinists and Aerospace Workers union representing employees working on the T-6 COMBS aircraft program at Sheppard Air Force Base in Texas. The agreement outlines terms of employment such as management rights, union security and dues, shop stewards, grievance procedures, seniority, wages, benefits such as holidays, vacation, and sick leave, layoff and recall procedures, job posting and bidding processes, and general policies regarding safety, uniforms, and bulletin boards. Key details include a wage scale in Appendix A, job descriptions in Appendix B, and group health insurance terms in Appendix C. Disciplinary policies and processes are defined in Appendix D, with alcohol and drug policies in Appendix E. The agreement is effective from September 2019 through April 2023.
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Text version
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
JPATS Logistics Services (JLS), LLC. Sheppard
Air Force Base
T-6 COMBS Program
AND
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS
DISTRICT LODGE 776, LOCAL LODGE NO. 2771
September 29, 2019 through April 30, 2023
TABLE OF CONTENTS
Article Subject Page
Contents ………………………………………………………….. 1 Preamble ………………………………………………………….. 2
01.00 Intent and Purpose ………………………………….. 2
02.00 Management Rights ………………………………… 2
03.00 Union Recognition …………………………………… 3
04.00 Union Security ………………………………………. 3
05.00 Shop Stewards/Visitation …………………………. 5
06.00 No Strike – No Lockout …………………………. 7
07.00 Government Security/Responsibility ………………. 8
08.00 Seniority ……………………………………………… 8
09.00 Non-Bargaining Unit Personnel …………………… 10
10.00 Hours of Work ………………………………………. 11
11.00 Overtime ………. ……………………………………. 11
12.00 Wage Rules ………………………………………….. 13
13.00 Holidays ………..……………………………………. 13
14.00 Vacation ……………………………………………… 14
15.00 Sick Leave …………………………………………… 16
16.00 Jury Duty/Witness Pay ……………………………… 17
17.00 Absence From Work ………………………………. 17
18.00 Leaves of Absence …………………………………. 18
19.00 Promotions, Transfers and Temporary Assignments .. 21
20.00 Layoff Recall/Reduced Workload …………………….. 25
21.00 Discharge and Discipline ………………………………. 27
22.00 Grievances …………………………………………….. 28
23.00 Arbitration ………………………………………………. 30
24.00 Training …………………………………………………. 31
25.00 Safety/Safety Equipment ……………………………… 32
26.00 Uniforms ………………………………………………… 32
27.00 Bulletin Boards/Distribution …………………………… 33
28.00 Paychecks ……………………………………………… 33
29.00 Group Insurance ………………………………………. 34
30.00 Retirement Plan ……………………………………….. 36
31.00 Off Site Temporary Assignment ……………………… 37
32.00 General …………………………………………………. 37
33.00 Duration …………………………………………………. 39
Appendix “A” Wages ………………………………………………….. 41 Appendix “B” Job Descriptions ………………………………………. 42 Appendix “C” Group Insurance………………………………………. 52 Appendix “D” Discipline Guide ……………………………………… 54 Appendix “E” Alcohol and Drug Free Workplace ………………... 60
PREAMBLE
This Agreement is made and entered into this 29th day of September 2019 by and between JPATS Logistics Services, LLC. (JLS)– T-6 COMBS, Sheppard Air Force Base (hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers District Lodge #776, Local Lodge #2771, (hereinafter referred to as the Union).
It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both males and females.
01.00 INTENT AND PURPOSE
1.1 It is the intent and purpose of the Company and the Union to set forth herein the entire Agreement with respect to wages, hours, and working conditions as relates to the government contract covered by this Agreement.
1.2 Further, it is the mutual intent of the parties to provide for the efficiency of the operation and maximum production of the employees under methods which further the safety of all affected parties, the efficiency and economy of operations and the continued employment under conditions of reasonable hours, compensation and working conditions as contained herein so that operations will be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government with due regard to competitive conditions.
1.3 It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a grievance procedure for the settlement of the employees' grievances; and to provide that there shall be no interruption and/or impeding of operations during the term of this Agreement.
1.4 The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to meet its contractual obligations. Nothing in this Agreement is intended nor will any provision of the Agreement prevent the Company from meeting its obligations and responsibilities as a contractor. The Union and the Company recognize that the Government may impose various demands or obligations upon the Company and its employees. If such action requires, the Company and the Union agree to comply with the requirements to the degree necessary, subject to rebuttal by either or both parties through the grievance and arbitration procedures and/or the courts, if deemed necessary.
02.00 MANAGEMENT RIGHTS
2.1 The Company shall retain the exclusive authority, rights and powers to manage its business and direct the working force. Such authority, rights, and powers include, but are not limited to, the right to hire, assign, transfer, promote, reclassify, layoff, discipline for just cause (including suspension and discharge); determine work schedules and the starting and quitting time; the number of hours and shifts to be worked; the qualifications of employees;
to establish and modify rules and regulations not in conflict with the terms of this Agreement; to close down, curtail, or move the business, or any part thereof; to discontinue its business in whole or in part; to sell or dispose of all or any part of the business; to introduce new or changed methods; to determine the means of service or production; and to otherwise generally manage the operations and direct the working force. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to the Company.
2.2 Except as expressly modified by a specific provision of this Agreement, or except as such rights are specifically relinquished herein, all rights, powers or authority which the Company had prior to the signing of this Agreement are retained by it. No relationship between the parties shall be construed to constitute or create any implied limitation on the Company's authority, rights, or powers.
03.00 UNION RECOGNITION
3.1 The Company recognizes The International Association of Machinists and Aerospace workers, AFL-CIO, District Lodge 776, Local Lodge #2771, (RC-16-101648), as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other conditions of employment for all employees covered by this Agreement.
a. Included: All full and part time Ground Support Equipment Mechanic, Supply Technicians and Quality Control Inspector employed by the employer on the T-6 COMBS program at Sheppard AFB, Texas
b. Excluded: Office/clerical employees, Professional, Managerial Employees, Guards and Supervisors as defined in the Act.
3.2 The Company acknowledges the Union's rights specifically designated by the terms of this Agreement. As the employee's representative, the Union recognizes its duty to cooperate in any reasonable manner with the Company, to support its efforts to assure a fair day’s work by each employee, to cooperate in combating all practices which decrease efficiency and to maintain standards of quality and service.
04.00 UNION SECURITY
4.1 Membership in the Union is not compulsory. Employees in the bargaining unit must, as a condition of continued employment, be either a member of the Union and pay Union dues or pay an Agency fee to the Union, but not both. If such condition of employment is not met, the employee’s employment shall be terminated, and such discharge shall be deemed to be for just cause as in compliance with standards permitted by the N.L.R.B. and court decisions relating to Agency shop requirements. Employees have the right to join, not join, maintain, or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee in regards to such matters.
4.2 Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the Company (with a copy to the Union) a Union Dues or Agency Fees Deduction Authorization as provided for in this Article that shall authorize the Company to deduct from the employee’s pay an amount of money equal to the Union’s regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly Union dues/Agency fees to be remitted to the International Association of Machinists and Aerospace Workers District Lodge as set forth in this Article, or pay directly to the Union an amount of money equal to the Union's regular and usual initiation fee or reinstatement fee and an amount equal to its regular, uniform and usual monthly dues as certified by the Secretary-Treasurer of District Lodge 776, Local Lodge #2771, of the International Association of Machinists and Aerospace Workers. It is understood that Union dues or Agency fees are due and payable on the first pay day of each month. Employees electing to use the Union Dues or Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts Union dues or Agency fees from their paycheck on the first pay period of each month. Employees electing to pay their Union dues or Agency fees directly to the Union shall make Union Dues or Agency Fees payments to the Union by the end of the calendar day on which the employee is paid.
4.3 Any employee within the bargaining unit who is required to contribute to the Union as provided for in Section 04.02 of this Article and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Article during the period of time such employee remains outside the bargaining unit or on layoff.
4.4 No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the Company's active payroll including layoff.
4.5 An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees to an authorized agent of the Union or pay through authorized payroll deductions the Union’s regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article. Once the Union becomes aware of the employee’s delinquency and the Union notifies the employee of the delinquency the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved the Union shall notify the Company and the employee and the Company shall discharge the employee on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.
4.6 Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union dues or Agency fees directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees or reinstatement fees and Union dues or Agency fees, the Union will make refunds directly to such employees.
4.7 Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union dues or Agency Fees Deduction Authorization has been received, beginning with the pay for the first full pay period in the month following receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such Union dues or Agency fees deductions shall continue in like manner monthly thereafter, except as qualified in this Article. Deductions shall be remitted to the International Association of Machinists and Aerospace Workers Grand Lodge within 10 days following the first payday of each month. The Company will furnish a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction.
a. When ceasing to deduct Union dues or Agency fees for any reason, the Company will submit the name(s) of such employee(s) in alphabetical order, and the reason for no deduction to the Union at the same time the monthly dues deduction list is remitted.
b. When ceasing to deduct Union dues or Agency fees for any reason, the Chief Steward will be notified of the stoppage within one (1) business day of the stoppage.
4.8 At the time this Agreement becomes effective, the parties agree to begin to use the following Union Dues or Agency Fees Deduction Authorization form for all new dues deductions, or a similar Union-supplied form. In addition, each individual authorization card signed and dated prior to the date of the contract ratification shall, upon ratification, have its effective date changed to reflect the ratification date and the initial irrevocable period shall run one (1) year from the date of the ratification of the Collective Bargaining Agreement. Thereafter, dues authorization shall conform to the terms of the Dues Authorization Form.
4.9 The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article provided the Company has met its obligations under the terms of this Article.
4.10 The Company will provide office space to the Chief Steward for the purpose of carrying out his/her responsibilities under the grievance procedure and storing related records and equipment provided there is space available.
05.00 SHOP STEWARDS VISITATION
5.1 The Company agrees to recognize the Steward duly authorized by the Union to represent those employees covered by the terms of this Agreement.
5.2 The Union will notify the Company in writing stating the name of the Steward. Any subsequent changes of the Steward will not be recognized by the Company until official notice is received from the Union. The Company will provide this information to each supervisor having authority over employees covered by this Agreement. The Union may post this information on the Union bulletin boards.
5.3 Subject to other provisions of this Agreement, reasonable and necessary time off from work during straight time work hours shall be authorized without loss of pay or benefits to permit Steward to carry out responsibilities under the grievance procedure to employees in their area of representation, providing the carrying out of these responsibilities will not unreasonably interfere with the assigned work duties of the Steward or the employee involved. The Union will ensure that the Steward engages only in those activities which are authorized by this Agreement. Instances of alleged abuse or misuse of time by the Steward shall be brought to the attention of the Union, who shall take the action necessary to correct the problem.
5.4 Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has an alleged grievance may discuss the matter with the employee's Steward. The necessary time away from the Steward's official work assignment shall be arranged in a manner to minimize interruption of work flow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a unit employee and/or management official, the Steward shall request permission to leave his/her work assignment from his/her supervisor. Should the need arise for a Steward to enter another supervisor's work area, the Steward's supervisor will contact the supervisor of that area to establish a time for the Steward to enter the area. In each instance, the supervisor's permission will be granted unless he determines compelling work commitments dictate otherwise. If permission is initially denied, the supervisor shall establish an alternate time which shall be no later than the end of the employee's next work day, at which time the Steward can contact the employee. Stewards shall not handle any grievance arising outside of his/her assigned area of representation, except however, a Steward may represent the area of another Steward who is absent from work.
5.5 The scope of the Steward's activities on Company time shall be limited to the following:
a. To consult with an employee regarding an alleged grievance or the presentation of a grievance for which the employee desires the Steward to be present.
b. To investigate an alleged grievance or a grievance of record before presentation to the appropriate supervisor.
c. To present an alleged grievance or a grievance to an employee's immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.
d. To meet with an appropriate supervisor or other designated representative of the
Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.
e. During an investigation in which it is determined by supervision that an employee may be subject to discipline, said employee shall be advised of his right to Union representation. If requested, his Shop Steward shall be provided.
f. To consult with the Steward regarding a grievance or an alleged grievance.
g. The Steward will have the opportunity to meet with newly hired employees during the first two (2) weeks of employment with the Company. Such a meeting will be in a location designated by the Site Manager and shall not exceed more than fifteen
(15) minutes in length.
5.6 Subject to existing security regulations, the Business Representative or other authorized Business Representatives of the Union shall have access to the Company's work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the grievance procedure, and ascertaining whether or not this Agreement is being observed. Before doing so, he/she shall report to the Business Administration Manager or other authorized Company Representative, who shall permit said Representative to enter the Company's premises, provided that such right shall be exercised reasonably and will not interfere with the normal conduct of the Company's operations.
Authorized Business Representatives of the Union may be escorted by a Company Representative at all times they are on Company premises.
5.7 It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement.
5.8 The Steward shall be empowered to adjust employee grievances occurring under his/her jurisdiction as provided for in the grievance procedure, so long as such adjustments are not in conflict with the provisions of this Agreement.
5.9 The Steward shall be a seniority employee of the Company selected from among those employees he/she represents.
06.00 NO STRIKE – NO LOCKOUT
06.01 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this Agreement:
a. The procedure provided for herein, for the settlement of grievances arising under this
Agreement, may serve as a means for the settlement of disputes that may arise between the Parties. However, nothing in this section, or any section of this Agreement, limits the Company's right to seek and receive legal and equitable relief in the event of the breach of the no strike - no lockout provision, including but not limited to, injunctive relief prohibiting any lockout, strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interfere with any of the operations of the Company.
b. The Union (its officers, and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing or any other action which deliberately interferes with any of the operations of the Company.
c. Any employee or employees, individually or collectively, who shall cause, encourage, or take part in any violation of this article, or any activities prohibited by this article, may be immediately discharged, or subject to other disciplinary actions as the Company may unilaterally consider appropriate. Any such disciplinary action shall be subject to the grievance procedure and arbitration procedure as defined herein. If it is determined under the established grievance/arbitration procedure that such an employee(s) did participate in such an action, in violation of this provision, the disciplinary action taken shall not be altered. If the decision under the grievance and arbitration procedure is that such an employee or employees did not participate in such acts, the redress shall be as determined by the grievance/arbitration procedure and limited to "making whole' the individual employee involved, if warranted.
d. In the event of a violation of this article, the Union, (its officers, agents and members) individually and collectively agree that it will use its best efforts and end such prohibited conduct, taking actions including:
1. Requesting, through personal contact or meeting with employees that they comply with the Agreement and not take part in any such prohibited conduct.
2. Immediately notify all employees in writing that such prohibited conduct is in violation of the Agreement.
3. Requesting those employees violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.
4. Make every other reasonable effort to have employees cease such acts as prohibited.
e. The Company agrees that it will not engage in any lockout of employees during the term of the Agreement, providing the Union is in full compliance with the provisions of this article.
07.00 GOVERNMENT SECURITY/RESPONSIBILITY
7.1 The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government contract requirements as provided for in the Company’s contract with the United States Government security regulations when performing work for the Government. The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government contract requirements pertaining to security regulations when performing work for the Government. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the Government to have the information.
7.2 The Union and the Company recognize that employees covered hereby are performing services for the U.S. Government in U.S. Government facilities and by use of U.S. Government equipment. The Company is not authorized to maintain, modify, or repair such government facilities except as contractually directed.
7.3 The employee will be responsible for the reasonable care of customer and/or Company furnished equipment and will notify the Company of any accidents, sabotage, or willful damage to Company, customer or employee property or material.
08.00 SENIORITY
8.1 New employees and those rehired after a break in continuous service as defined in Section 08.03 shall be in a probationary status until they have completed seventy-five (75) calendar days from the most recent date of hire. Should conditions warrant, the seventy- five
(75) day probationary period may be extended upon written mutual agreement of both the Company and the Union. The Company may transfer, layoff, or discharge such probationary employees at will, and such action shall not be reviewable through the grievance procedure.
8.2 Seniority of employees shall be established as follows:
1. Employees seniority date shall be set as their most recent date of hire into the COMBS T6 program at Sheppard AFB.
2. Employees transferred to the COMBS T6 contract by the Company shall retain their original hire date if reflecting uninterrupted time of service prior to transfer into Sheppard Air Force Base COMBS T6 program. This date will be referred to as an anniversary date from this point on. It will be utilized in respect to benefit time but forfeit in regards to seniority purpose with the exception of when two or more employees have the same hire date for tie breaking purpose.
8.3 The seniority of an employee shall be forfeited and cancelled and the employees' employment with the Company shall be terminated under the following conditions:
a. Discharge for just cause.
b. Resignation.
c. Failure by the employee to notify the Company of the employee's intention to return to or not to return to work in response to a recall notification within forty-eight
(48) hours after the receipt of such recall notice (or returned undelivered) sent to the employee’s last known address via U.S. Certified mail (return receipt requested, and of the employee's return to work within fourteen
(14) calendar days following the receipt of such notice if recall is accepted by the employee.
d. Rejection of recall to the highest classification from which the individual has been displaced or laid off.
e. Failure to be recalled from layoff within twelve (12) months following such layoff.
f. Failure to report for work on the expiration of an approved leave of absence.
g. Accepting other employment while on approved leave of absence without the prior permission of the Company.
h. Absence from work for a period of three (3) consecutive workdays without reporting to the Company a reason for such absence each day of such absence.
i. Transfers or promotions outside the bargaining unit within the Company that exceed twelve (12) months.
8.4 When two (2) or more employees have the same seniority date as herein provided, first it will be determined if any of the involved parties have an anniversary date from other company contracts reflecting uninterrupted time of service prior to transfer into Sheppard Air
Force Base COMBS T6 program. If so, this date will be utilized to determine the senior party.
Otherwise, the employee having the lowest last four (4) numbers of his/her social security number shall be considered having the least seniority for tie breaking purposes.
8.5 Employees covered hereby who were or are transferred or promoted to positions within the Company, but not within job classifications covered hereby, shall retain, and accrue seniority hereunder, but shall not be construed as working under the terms of this Agreement while occupying such positions. It is understood and agreed that employees so transferred or promoted shall retain and accrue seniority for a period of ninety (90) days from the date transferred or promoted out of the bargaining unit. During this ninety (90) day period, employees may be returned to their previously held position by the Company or by their decision to return. Employees that are laid off after the ninety (90) day period may return to the Bargaining Unit and exercise their seniority as retained and accrued by this article by bumping the least senior employee(s) in equivalent or lower rated classifications, provided they are qualified to perform the duties of the classification. A new seniority date shall be so established for said employees(s).
a. Employees who have exceeded the ninety (90) day period out of the Bargaining Unit, who voluntarily elect to return, may be returned to the Bargaining Unit provided that all of the provisions of Articles 22.03, 21.04, and 21.05 have been exhausted to fill the position that the employee has elected to return to. A new seniority date shall be so established for said employee(s).
b. The Company will notify the Steward when a Bargaining Unit employee transfers to a non-Bargaining Unit job.
8.6 The Company agrees to provide the Union with an updated seniority list whenever there is a change in the existing seniority list. This list shall contain employees' names, classifications, employees' number and seniority dates as provided under Section 08.02. The Union has ten (10) workdays after receipt of this seniority list to notify the Company in writing of any errors. Otherwise, the list shall be considered correct, and may be questioned only at the publishing of the next seniority list.
09.00 NON-BARGAINING UNIT PERSONNEL
9.1 It is understood and agreed that non-bargaining unit personnel will normally not perform the work of employees covered by this Agreement, except under the following conditions:
a. For the purpose of instructing and training employees.
b. Under emergency conditions. The term "emergency" as used in this provision is defined to mean any unforeseen combination of circumstances which would require immediate action.
c. Up to eight (8) consecutive hours on any shift when an employee fails to report to work, and other qualified employees are not available in the classification on the shift in the overtime group.
d. Up to one (1) hour on any shift when supervising three (3) or less employees (limited to the work that is performed by the employees being supervised).
e. When the work being performed is incidental or supplemental to the job duties of a position not covered by this Agreement.
f. When required to maintain their personal qualifications and proficiency or required for certification.
10.00 HOURS OF WORK
10.1 No provision of this Agreement shall be construed as a guarantee of any specified numbers of hours of work either per day or per week.
10.2 Eight (8) consecutive hours, exclusive of a meal period of thirty (30) minutes shall constitute a normal work shift.
10.3 The workweek for payroll purposes shall consist of seven (7) consecutive calendar days, beginning 12:01 AM on Saturday and ending at 12:00 AM (midnight) the following Friday.
10.4 The assigned workweek schedule shall consist of five workdays, with two (2) days off
10.5 Work shifts shall be established as follows:
a. The first shift will begin between 5:00 a.m. and 1:00 PM. The second shift will begin after 1:00 p.m.
b. Nothing in this article is intended to prohibit, limit, or restrict the Company's right to change the starting day of the week or time of any shift.
10.6 The Company shall permit the employee to take a fifteen (15) minute rest period at a time scheduled by the supervisor that does not interrupt or delay the work performed during each halt of the work shift which may be taken without loss of pay. Employees scheduled to work more two
(2) hours of overtime at the end of the shift shall be entitled to a five (5) minute rest period prior to the start of the overtime period and any scheduled rest periods on the shift the overtime is worked.
10.7 When there are qualified personnel within a classification available for work assignments at their straight time rate of pay, the Company shall not be required to utilize employees who would be paid overtime rates for the same hours worked, providing the employee within the classification has less than forty (40) hours of work available within the assigned workweek. If more than one person has less than forty (40) hours of work available to them within the classification, the selection of personnel to work the additional work will be offered by seniority. If the Company is unable to obtain volunteers within the classification to perform the work, the selection of personnel will be in accordance with Article 11.00.
11.00 OVERTIME
11.1 It is understood and agreed that the Company reserves the right to require employees covered by this Agreement to perform overtime work. When such overtime is required, employees involved will be given as much advance notice as is practical, but at least thirty (30) minute notice prior to the commencement of the overtime.
11.2 Overtime shall be paid at one and one-half (1-1/2) times the straight time hourly rate for hours worked in excess of forty (40) hours in a work week.
a. Work performed on the sixth (6th) workday will be paid at one and one-half (1.5) times the employee’s effective hourly rate.
b. Work performed on the seventh (7th) workday will be paid at one and one-half (1.5) times the employee’s effective hourly rate.
11.3 No overtime shall be worked except by direction of the proper supervisory personnel of the Company.
11.4 The Company agrees to assign overtime among qualified employees by shift, and classification to the extent practical within the confines of contractual requirements to include the off-site recovery of downed aircraft. To this end, the following procedure will be followed:
a. Any specific job in process on a normal workday by an employee, or group of employees, which at the sole discretion of the Company requires overtime to be worked, such work shall be performed during the overtime assignment by those employees who have been performing the work in process at the end of the normal shift. It is understood the overtime assignment to such a specific job will be because it is the employee's normal assignment, and employees shall not be removed from such work and replaced by other employees with the intent of providing that employee with the overtime opportunity.
b. When the Company determines that overtime work is required other than referenced in
(a) above, qualified employees presently at work on the shift in the classification(s) and needed to perform the work will be offered the work first. Should the required number not be obtained in a voluntary manner because all employees presently at work decline to work the overtime assignment, the Company shall assign the work to the qualified employee on the shift in the classification and with the least seniority, and this employee shall perform the work assignment. Failure to work this overtime assignment will result in disciplinary action up to and including discharge.
c. In those cases where it is predetermined that overtime will be required, all qualified employees in the classification on the shift shall be offered the work by seniority, and if the required number cannot be obtained voluntarily, those employees with the least seniority will be required to perform the overtime. If the overtime is to be worked prior to the start of the employee's normal work shift, the employees who are not scheduled off for that work day shall be offered the overtime. Employees who are absent from work when overtime is offered may not be considered if they do not return to work prior to the time the overtime is performed.
11.6 The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.
11.7 An employee who has not completed his/her probationary period will not be assigned any overtime, unless all qualified seniority employees in that classification, shift and overtime group have had an opportunity to work the overtime, and it is determined by management the probationary employee is qualified to carry out the responsibilities to be assigned to the overtime.
12.00 WAGE RULES
12.1 The Company shall pay the scale of wages included in “Exhibit A” made a part hereof.
12.2 For the purpose of this Agreement, an employee's straight time hourly rate is defined as the employee's base rate as listed in Exhibit A.
12.3 Employees promoted or temporarily assigned to a job classification with a higher rate shall receive the rate of the higher job classification or continue at their present rate, whichever is greater. Temporary assignments to a job classification with a higher rate will be offered to the senior qualified employee on the shift in the work center affected. If temporarily assigned, they shall, upon return to their prior classification, assume the rate held prior to the temporary assignment.
Employees temporarily assigned to a job classification with a lower rate shall continue to receive their present rate. This section is not applicable when an employee is assigned to a lower job classification under the provisions of 22.01 (b).
An employee who is scheduled and reports for work at the scheduled time without having been notified not to report for work shall be given two (2) hours work of any type which is available. If no such work is available, he/she shall be given two (2) hours pay at his applicable rate. If an employee chooses to leave at the completion of the assigned work, if less than two (2) hours, he/she will be paid for the actual time worked. An employee who is called and reports back to work after he/she has completed his/her regularly assigned shift and clocked out for the day shall receive a minimum of two (2) hours pay at his/her applicable rate. The Company will not impose a temporary shift in order to deprive an employee of call-back pay or overtime.
13.00 HOLIDAYS
13.1 The following ten (10) days are designated as holidays:
New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Independence Day
Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
13.2 A full time employee who is on the active payroll on the holiday and has worked on the employee's last scheduled shift preceding the holiday, and the employee's first scheduled shift following the holiday, unless excused by the management, (excused does not include unpaid leave of absence, workers' compensation, or short/long term disability) shall be eligible for pay, at the employee’s effective rate, for such holiday.
13.3 It is understood and agreed that the Company reserves the right to require employees to work on a holiday; however, every effort will be made to schedule as many employees off as possible.
13.4 Should any of the holidays authorized above fall on an employees’ scheduled day off, or during an employees’ vacation period, the employee(s) will be paid at their straight time hourly rate or will be authorized an alternate day off with pay, if requested prior to the holiday.
The alternate day off is to be taken at a time convenient to the Company within two
(2) weeks before or after the holiday. Every effort will be made to schedule the employee on the day which he/she requests. An employee shall not receive vacation pay or paid personal leave in addition to holiday pay for the same day.
13.5 Should any holiday stated above occur on a Saturday or a Sunday, the holiday will be observed under the same schedule observed by military/government personnel located at Sheppard AFB.
In the event of a base closure due to severe weather, non-essential personnel shall not report to work, per SAFB guidelines. Such personnel will be paid up to twenty-four (24) hours per Service- Contract year for such lost time. These twenty-four (24) hours will not count towards computation of overtime hours.
14.00 VACATION
14.1 Vacation credits shall vest as they accrue on a bi-weekly basis. Each employee covered hereby shall accrue vacation credits as follows:
a. For vacation purposes, the individual employee's hire date with the T-6 COMBS contract or anniversary date with the Company, whichever is earlier, shall be the reference point for accrual of vacation, and as defined in Article 08.02.a.
b. During the first year of employment and during each subsequent year thereafter, through and including the eighth (8th) year, an employee shall accrue one and fifty-four hundredths (1.54) hours of vacation per credited workweek. Eighty (80) hours of vacation may be accrued during the fifty-two (52) credited work weeks per year
c. During the ninth (9th) year of employment and during each subsequent year thereafter, through and including year twelve (12), an employee shall accrue two and thirty-one hundredths (2.31) hours of vacation per credited workweek. One-hundred twenty
(120) hours of vacation may be accrued during the fifty-two (52) credited work weeks per year.
d. Employees with thirteen (13) or more years of continuous service, as defined in
14.01 (a.) above, shall accrue three and eight-one hundredths (3.08) hours of vacation per each credited work week. One hundred sixty (160) hours of vacation may be accrued during the fifty-two (52) credited work weeks per year. Accrued vacation shall vest each year on the employee’s anniversary date.
e. The number of vacation hours accrued in 14.01 b., c., and d. shall be the maximum number of hours which may be carried over from one anniversary year to the next.
14.2 For the purpose of accruing vacation credits for employees, a credited work week shall be defined as follows:
a. A credited work week is defined as a week in which an employee is paid by the Company for time worked, holiday pay, jury duty pay, military pay differential, paid personal time, vacation pay, funeral leave pay or are on Workers' Compensation that does not exceed six (6) months.
b. Absences that are compensated under Short Term Disability Insurance or Long- Term Disability Insurance are not credited work weeks for vacation accrual.
14.3 For the purposes of determining eligibility for accrued vacation credits, vesting shall be defined as follows:
a. The employee must complete their probationary period before becoming eligible to accrue vacation. Vacation shall accrue bi-weekly on a credited work week basis and shall vest on the employee’s anniversary date.
b. The individual employee's anniversary date, as established under Article 14.01 (a.)
and each continuous service anniversary date thereafter shall be the reference date for rate of accruing vacation.
c. Employees shall retain vacation vested until such vacation is taken.
d. Vacation vested in excess of the maximum allowed in Article 14.01 b., c., and d., must be taken by the employee by the employee's next anniversary date. If all excess vacation is not taken or scheduled by sixty (60) days prior to the employee's next anniversary date, the Company will schedule the excess time off.
e. Vacation taken by the employee is deducted from the employee's unused vacation until such vacation is exhausted.
14.4 Vacation pay shall be computed at the employee's straight-time hourly effective rate, as defined in Section 13.02, at the time the vacation is taken.
14.5 Employees who are terminated from employment, are laid off or who voluntarily terminate employment after submitting a two (2) week advanced written notice are eligible to receive pay in lieu and all vested unused vacation.
a. Employees who are temporarily laid off, may at their discretion, retain their vested unused vacation for a period of up to, but not to exceed thirty (30) days. At any time during the thirty (30) day period the employee may request in writing and be paid for his/her vacation pay. At the expiration of the thirty (30) day period the employee will be paid for any vacation time that is owed to the employee at the time of the layoff.
14.6 Vacation must be requested no less than seven (7) days in advance and will, insofar as practical, be granted as requested by eligible employees. When conflicts in requested vacation periods arise, the employee having the greater seniority shall be given preference. However, an employee who has requested and had scheduled vacation approved will not be displaced by a more senior employee within sixty (60) calendar days of the scheduled start of the approved vacation.
a. Vacation may only be scheduled on the employee's regularly scheduled work days and only for the amount of hours regularly scheduled on that day to a maximum of eight (8) hours per day, except as noted in Section 10.03 of this agreement.
Vacation may be taken in increments five-tenths (.5) of an hour.
b. Vacation period of eight hours or less must be requested a minimum of eight (8) hour in advance and must be approved as outlined in 14.06 (c).
c. Employees' requests for vacation leave must be approved by the Division Manager or his/her designee before such leave is taken. Employees, failing to secure such approval, who subsequently fail to report to work as scheduled, will be subject to appropriate disciplinary action for unexcused absence.
d. The maximum allowable length of vacation will be the amount of the employee's unused vacation at the end of the payroll period immediately preceding the vacation period requested.
14.7 Once approved, an individual's vacation period may not be changed or amended without his/her consent except in case of extreme emergency or as provided in 14.06 above.
14.8 When a holiday, as defined in this Agreement, falls within an employee's vacation period, such holiday hours shall not be charged as vacation hours.
14.9 It is understood and agreed that employees transferring to the contract after the date of ratification of the Agreement shall retain their original date of hire with the Company for the purpose of accrual of vacation credits.
14.10 For the purposes of establishing service as provided under 14.01, employees transferred from the bargaining unit who return to the bargaining unit shall receive service credit for such time outside the bargaining unit.
15.00 SICK LEAVE
15.1 Full-time employees shall receive a total of 56 hours of sick leave on their annual service date. Unused Sick Leave may not be carried over from year-to-year and has no cash value upon the employee’s separation from the Company.
15.2 All sick leave hours shall be credited to employees’ accounts annually on the first pay period after their service date. Sick leave may be utilized for sickness or medical appointment only.
15.3 The employee and the Union recognize their obligation to prevent unnecessary absence or any other abuse of this sick leave provision. The Company recognizes the existence of bona fide family medical emergencies and employees shall be able to utilize sick leave to attend either a spouse or child where such attendance is deemed medically necessary by a licensed physician.
15.4 Employees who are prevented from reporting for work by reason of sickness or injury shall notify their designated contact point of their inability to report for work prior to shift start time giving the reason for the absence when possible.
15.5 In order to be eligible for sick leave an employee must submit a leave slip to his/her immediate supervisor during his/her first work shift after he/she returns to work. The Company reserves the right to require a medical certificate for absences in excess of three (3) days or whenever unusual circumstances indicate probable abuses of sick leave prior to payment of sick leave.
Employees disabled because of a work-related illness or injury may utilize sick leave in increments of two (2) hours for each regularly scheduled work day lost as a result of the illness or injury. In no case may the total of sick leave pay and Worker’s Compensation payments exceed the employee’s normal weekly straight time pay.
15.6 Sick leave cannot be taken once the employee has evidenced his/her intent to leave the employ of the Company, unless approved by a licensed physician. Should the Company disagree with such physician, it reserves the right to require examination by a Company designated physician prior to payment of sick leave. Such examination cost shall be borne by the Company.
15.7 Sick leave shall be considered as time worked for the purpose of computing overtime.
16.00 JURY DUTY
16.1 When employees are required to serve on jury duty, or to report to a court in person in response to a jury duty summons, or to report for jury examination, they shall be granted pay for their regular work shift, less any fee or other compensation paid to them by the court for such service for the work day that they were required to report and/or serve. If a first shift employee is released from jury duty at a time such that there are four or more hours remaining in their regular work shift he/she shall be expected to notify his/her supervisor and report to work for the balance of the shift if so directed. If the employee is released from jury duty at a time more than six (6) hours before the start of his/her regular work shift, he/she is expected to report to work and no supplement pay will be made for that shift.
a. Pay for such time lost shall be computed at the employee's straight-time effective hourly rate, as defined in Section 12.02. In no event shall payment be made for jury duty performed on the employee's regularly scheduled days off, holidays defined herein or for any hours in excess of eight (8) in any regular workdays or hours in excess of forty (40) in any workweek.
b. To be eligible for payment of jury service pay, employees must notify their supervisor no later than the completion of their next regular work shift following receipt by them of such notice or summons. Further, they shall be ineligible to receive jury service pay until such time as they present to the Company a statement from an official of the court attesting to the date or dates and time of such jury service, and the fee or compensation paid to them therefore by the court, exclusive of transportation allowances.
c. Any employee called for the above purpose(s) who is scheduled to work on the third
(3rd) shift, shall not be required to work the night before he/she is to report and shall receive payment as outlined above.
17.0 ABSENCE FROM WORK
17.1 Employees shall not leave work prior to the completion of their scheduled hours without prior permission…
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