2020 Hill AGE CBA.pdf

AGREEMENT

between

THE BIONETICS CORPORATION

Hill AFB, UT

VISION • VAll/1 • INr10111rr and

LOCAL LODGE 568

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO

Effective

June 14th 2020 through February 14, 2023

Table of Contents Preamble

ARTICLE 1 Intent and Purpose

ARTICLE 2 Government Security/Responsibility

ARTICLE 3 Management Rights

ARTICLE 4 Union Recognition

ARTICLE 5 Union Bulletin Boards

ARTICLE 6 Information to be Provided to the Union

ARTICLE 7 Savings Clause

ARTICLE 8 Coverage

ARTICLE 9 Alteration of Agreement

ARTICLE 10 Absence from Work

ARTICLE 11 Strikes and Lockouts

ARTICLE 12 Seniority

ARTICLE 13 Promotions, Bidding/Transfers

ARTICLE 14 Shop Stewards

ARTICLE 15 Visitation

ARTICLE 16 Safety and Health

ARTICLE 17 Leave of Absence

ARTICLE 18 Bereavement Leave

ARTICLE 19 Jury Duty

ARTICLE 20 Witness Duty

ARTICLE 21 Discrimination

ARTICLE 22 Discharge and Discipline

ARTICLE 23 Grievance Procedure and Arbitration

ARTICLE 24 Hours of Work

ARTICLE 25 Holidays

ARTICLE 26 Voting Time

ARTICLE 27 Vacations

ARTICLE 28 PTO/Sick Leave

ARTICLE 29 Overtime

ARTICLE 30 Call-In Pay

ARTICLE 31 Pension Plan/Savings Plan

ARTICLE 32 Uniforms

ARTICLE 33 Tools

ARTICLE 34 Union Membership/Check-Off

ARTICLE 35 General

ARTICLE 36 Wages

ARTICLE 37 Bargaining Unit Work

ARTICLE 38 New Job Classifications

ARTICLE 39 Health & Welfare

ARTICLE 40 Duration & Signature

APPENDIX A Wage Rates

APPENDIX B Bionetics Drug Free Work Force and Drug Free Work Place Policies

Drug Free Work Force (HR-35C)

Drug Free Work Place (HR-33D)

Preamble This agreement has been entered into by and between The Bionetics Corporation, (hereinafter the called "Company" and / or the "Employer"), and Local Lodge 568 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter called the "Union".

It is understood wherever in this Agreement employees are referred to in the male or female gender, it shall be recognized as referring to both males and females.

ARTICLE 1

Intent and Purpose

Section 1.01. It is the intent and purpose of the Company and the Union to set forth the entire Agreement with respect to wages, hours, and working conditions as related to the Company's contract at Hill Air Force Base. The Union recognizes that the Company is a contractor to and is required at all times to meet its contractual obligation to the United States Air Force. The Union will not interfere with, and nothing in this Agreement shall prevent or in any way limit the Company from meeting its obligations and responsibilities as a contractor to the United States Air Force.

ARTICLE 2

Government Security/Responsibility

Section 2.01. The Company and the Union agree that all Company employees are required to comply with all applicable rules and regulations promulgated and/or enforced by the United States Air Force, the United States Department of Defense, and/or any other United States government agency related to security. The Union recognizes that all Company employees are required, as necessary conditions of employment with the Company, to apply for, receive, and maintain all applicable and current security clearance(s) as required by all such applicable government security rules and regulations.

Section 2.02. Failure of an employee to apply for, maintain, or gain the required security clearance(s), or the denial or loss of such required clearance(s), makes such an employee unable to remain employed with the Company and such employee will be removed from the Company's workplace. Should an employee lose any such required clearance(s), the employee will be laid off until the employee can regain the required clearance(s), for a period of time up to one hundred eighty (180) days with no loss of seniority. An employee who does not or cannot regain the required security clearance(s) within one hundred eighty (180) days will be discharged. Where an employee's required security clearance(s) is/are reinstated within one hundred eighty (180) days from the original date such security clearance(s) was/were lost, the employee will be reinstated to the employee's previously held position within 14 days.

Section 2.03. All Company employees are required to maintain a valid state-issued driver's license, Air Force Base driving privileges, and Flight Line driving privileges and be insurable by the Company's insurance carrier. The procedure for an employee who has his or her driver's license revoked, Air Force Base and/or Flight Line driving privileges revoked, or who is or becomes no longer insurable by the Company's insurance carrier, will be the same as that for required security clearance(s), as set forth in Section 2.02 above.

Section 2.04. The Union agrees that the Company will not be held liable for an employee's ineligibility for, non-receipt of, or inability to qualify for any or all required security clearance(s), state-issued driver's licenses, Air Force Base driving privileges, and Flight Line driving privileges. A layoff or discharge for failure to maintain the required security clearance(s), a valid state-issued driver's license, Air Force Base driving privileges, and Flight Line driving privileges shall not be subject to the Grievance and Arbitration section of this Agreement.

ARTICLE 3

Management Rights

Section 3.01 Except as expressly modified by a specific provision of this Agreement, the Company shall retain the exclusive authority, rights and powers to manage its business and direct the workforce. Such authority, rights and powers include, but are not limited to:

the right to hire, promote, layoff, discipline for cause (including suspension and discharge); determine work schedules, starting times, and quitting times; determine the qualifications of employees and evaluate competency to maintain the efficiency of operations; the right to determine the quality and quantity of work to be performed and to establish, change, and enforce quality and/or performance standards; determine the size, composition, and workload of its working force, the assignment of duties thereto, and the right to change, increase or reduce the same; the determination of when and/or if vacancies in the working force shall be filled; to establish and modify rules and regulations not in conflict with the terms of this Agreement; to close down, to introduce new or updated methods; to determine the means of service or production; and to otherwise manage the operations and direct the workforce, not in conflict with the terms of this agreement.

ARTICLE 4

Union Recognition

Section 4.01. Bionetics will recognize the Union as the exclusive collective bargaining agent and representative with respect to rates of pay, hours of work, and other conditions of employment for the bargaining unit employees of Bionetics employed on the Aerospace ground Equipment Services contract (the "AGE Contract") at Hill Air Force Base, Utah (the "Bargaining Unit Employees").

a) Case No. 27-RC-0748 for all full time and regular part-time AGE/GSE Mechanics, AGE/GSE Workers, Supply Technicians, Stock Clerks, Service Order Dispatchers, Production Control Clerks, Maintenance Painters, Aerospace Structural Welders, and General Maintenance Workers employed by the employer at Hill AFB, Utah.

ARTICLE 5

Union Bulletin Boards

Section 5.01. The Company will provide one ( 1) locked bulletin board in each work area for the Union to post official business of the Union at each location where the Company posts official notices for employees. Legitimate union notices are defined as:

a) Meeting notices

b) Official union election results

c) Notices of union appointments

d) Union social and endorsed events

e) All notices not listed above must be approved by the Contract Manager or his designee. Such request shall not be unreasonably denied.

ARTICLE 6

Information to be Provided to the Union

Section 6.01. Written information to be furnished by the Company shall be:

Upon hiring an employee, the Company, within ten business days of the commencement of his employment, shall notify the Union, and provide information as per below.

a) Full name of the new employee, pay rate, classification, date of hire and shift.

b) The current mailing address for the new employee.

c) The Company will also provide the information in 1 & 2 above to the Chief Shop Steward and allow a Shop Steward up to fifteen (15) minutes with all newly hired bargaining unit employees for familiarization with the Union without loss of pay.

ARTICLE 7

Savings Clause

Section 7.01. In the event that any federal or state legislation, governmental regulations or court decisions cause invalidation of any Article or Section of this Agreement, all other Articles and Sections not so invalidated shall remain in full force and effect.

Section 7.02. Within thirty (30) days, the Company and Union shall meet to negotiate new contract language to replace the particular clause(s) invalidated by federal or state legislation.

ARTICLE 8

Coverage

Section 8.01. This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns (collectively, "successors"). The Company shall notify the Union prior to any change in ownership.

ARTICLE 9

Alteration of Agreement

Section 9.01. No agreement, alteration, understanding, variation, waiver or modification of any of the terms, conditions, or covenants contained herein shall be made by any employee or group of employees with the Company and in no case shall it be binding upon the parties hereto unless such agreement is made and executed in writing between the parties.

Section 9.02. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions herein.

ARTICLE 10

Absence from Work

Section 10.01. Employees shall not leave work prior to completion of their scheduled hours without prior permission from the Contract Manager or the appropriate Lead.

Section 10.02. Employees shall not be absent from work without prior permission from a Company Manager, except in cases of unforeseen illness or injury or reasons beyond the control of the employee. In the rare instances when an employee cannot avoid being late to work or are unable to work as scheduled, it is the duty of such an employee to notify the appropriate Company Manager of the reason for such anticipated absence or tardiness as soon as possible.

Section 10.03. An employee who fails to report for work for three (3) consecutive scheduled work shifts without an acceptable reason that is beyond the control of the employee without calling in shall be considered to have resigned his or her employment with the Company and will be discharged for job abandonment.

ARTICLE 11

Strikes and Lockouts

Section 11.01. There shall be no strikes, sympathy strikes, work stoppages, slowdowns or interruptions of production of any kind during the term of this Agreement. No officer or representative of the Union shall authorize, instigate, aid or condone any activities, but, instead, shall order employees to return to work and promptly notify the Company the action is unauthorized, in the event such a situation occurs.

Section 11.02. Any employee participating in any such activity shall be subject to disciplinary action up to and including discharge, and such disciplinary action shall not be subject to review through the grievance and arbitration procedures, except concerning the question as to whether or not the employee engaged in such prohibited activity.

Section 11.03. The Company shall not lock out any employee during the term of this Agreement.

Section 11.04. It is understood that a layoff or other normal reduction in the working force does not constitute a lockout by the Company.

Section 11.05. The Company will not require any bargaining unit employee to cross the sanctioned picket line of the IAM&AW or any other affiliated AFL-CIO Labor Organization during the life of this agreement.

ARTICLE 12

Seniority

Section 12.01. Contract Seniority for employees on the payroll as of the date of the contract ratification is defined as continuous service with the company (and predecessor Companies) on Air Force AGE/GME contract at Hill Air Force Base, Utah. Any employee hired into the Bargaining Unit after the date of the contract ratification would have their contract seniority date established as their date of hire.

a) Job Classification Seniority shall be defined as the length of continuous service from the employee's date of classification any current job classification and shall be recognized on an individual job classification basis and is not cumulative.

b) Contract Seniority shall be defined as the total length of continuous service, from the employee's earliest date of hire into the AF contract at Hill AFB.

c) In the event of a reduction in force, a Bargaining unit employee who has held only one classification may not bump into another classification. Any Bargaining Unit employee who has held multiple classifications in the bargaining unit may exercise the right to bump down into a previously held classification prior to being placed on layoff status.

d) In administering this Agreement, seniority shall be defined first as Job Classification Seniority and then Contract Seniority, in that order.

Section 12.02. The Company will apply seniority in its everyday operation relating to transfers, vacation bids, layoffs and recalls, bargaining unit job openings. Notwithstanding the foregoing, Shift Leads and Quality Inspectors will be selected in the Company's sole discretion, provided that no employee will be assigned to such a position without his or her consent.

A. Shift changes will be done once per year. Employees shall one time each contract year submit a request form to be completed by February 15th to take effect no later than the first Monday in April. The most senior employee will be given their shift within their department and within the classification (number of positions/classifications per shift to be determined by the Company) until all slots are filled.

1) All available shifts will be posted 14 calendar days prior to the start of the bid , listed by classification. Each classification will be listed as an 80 hours, 72 hours, or 64 hours shift.

2) Employees may bid on a position with fewer hours than they currently work.

Management will consider all submitted bids. If any employees bid for shifts with fewer hours, management will meet with the chief steward to hear the employee's position on alternatives to the posted hours. The company retains the exclusive right to establish the hours for the posted positions.

3) Introduction of any new shift will require a new shift bid within the affected classifications.

4) No shift swaps will be allowed within 90 days from implementing a yearly shift bid.

B. Shift swaps may be allowed by mutual agreement between the Company and the employee(s) involved. No shift swap will be for more than sixty (60) days in duration. No shift swap will result in any employee being paid at the overtime rate.

Section 12.03. A new employee shall be in a probationary status until they have completed ninety (90) calendar days from the initial date of hire. Time spent on leaves of absence will not be considered part of this probationary period. During this period the Company may transfer, layoff, discipline or discharge such employee at will and such action shall not be reviewable through the grievance procedure.

After ninety (90) days, the employee will be placed on the seniority roster(s) and his seniority date(s) will be established as the original hire date. Seniority order for employees with common hire dates will be determined by the social security number with the lowest last four digits being the most senior.

Section 12.04. Loss of seniority will result under the following: a)

Resignation or quit

b) Retirement

c) Discharge for just cause

d) Failure to return from a leave of absence as approved

e) Layoff in excess of twenty four (24) months

f) Failure by the employee to notify the Company of the employee's intention to return to work in response to a recall notification within three (3) calendar days after verifiable receipt of such recall notice, or the employee's return to work within fourteen ( 14) calendar days following the receipt of such notice.

g) Transfer or promotion out of the bargaining unit in excess of forty-five (45) calendar days, excluding temporary foreign or domestic assignments associated with this program or military leaves of absence.

h) Acceptance of employment with another employer while on an approved leave of absence.

i) Absence from work due to a workers' compensation claim or approved medical leave in excess of twenty four (24) months.

Section 12.05. The Company will post a seniority list annually on the anniversary date of the AF contract. The list will show each employee's name, hire date and classification.

A new list will be posted if changes are made. Any protest must be filed within ten (10) working days of such posting.

Section 12.06. Any layoff will be in reverse seniority order in the affected classification( s ).

In recalling laid off employees, the most senior employee who previously held that classification and was laid off will be the first to be recalled . (First in - last out, last in -first out).

Section 12.07. The Company will notify the Union and the employees affected of pending layoffs at least five (5) work days prior to layoff, if possible to do so. Affected employees will be given a layoff notice and will be responsible for notifying the Company of their current address or any address change.

ARTICLE 13

Promotions, Bidding/Transfers

Section 13.01. A bargaining unit employee who successfully bids on any job opening in the bargaining unit who is promoted or transferred to that opening and fails to satisfactorily perform the duties of the new job within a period up to thirty (30) workdays, (unless extended by mutual written agreement of the parties) will be returned to the position last held prior to the award of such promotion, provided the position has not been abol ished.

Section 13.02. When any bargaining unit job vacancy occurs within the Company at the Hill AFB, Utah, Facility, it shall be posted for five (5) business days. The notice posted will contain:

• Title of the Job

• Wage Rate

• Shift/Work Schedule

• Normal and Special requirements

• Certifications

• Qualifications

• Date and time after which bids will no longer be accepted

The Company will attempt to contact any qualified employees on authorized leave prior to the bid closing.

Section 13.03. Bargaining unit employees must submit bids in writing to the Contract Manager(s) who will affix the date and time to validate a timely filing. Bids received after the closing date will not be considered.

a) In an emergency situation employees may be brought in from other locations to perform specific short-term assignments at Hill Air Force Base for a period not to exceed fourteen (14) days so long as there are no employees in the classification on layoff who are qualified to perform the assignments.

b) Such action shall not cause any bargaining unit employee in the classification where the short-term assignment has been made to lose hours nor cause any employee within that classification in the bargaining unit who is qualified to perform the work to be placed on lay-off. The Company will meet with the Union and inform them of the reasons such short-term actions are necessary. It is understood that these short-term assignments will not be made to bypass any Article or Section of this agreement.

Section 13.04. The bids will be awarded to the most senior employee meeting the minimum criteria in 13.02 within five (5) workdays of the bid closing regardless of the date the employee is to begin work on the job. The company will not delay the move to the new job, and will consider current bargaining unit employees to fill all vacancies first.

ARTICLE 14

Shop Stewards

Section 14.01. It is hereby understood and agreed that the Union may designate a maximum of three (3) Shop Stewards, one will be a Chief Shop Steward , two (2) will be Shop Stewards. The Union may also designate two (2) alternate Shop Stewards who shall only act in the absence of the Shop Steward. The Union shall notify the Company in writing on Union letterhead of any employees designated as Shop Stewards.

Section 14.02. Subject to other provisions of this Agreement, the Company will authorize the Stewards, including the Chief Steward, reasonable and necessary time off from work during straight time work hours without loss of pay or benefits to permit the Stewards to carry out his/her responsibilities under the grievance procedure to employees in their area of representation, providing the carrying out of these responsibil ities will not unreasonably interfere with the Company's obligation to the customer or 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 any Steward shall be brought to the attention of the Union. The Company will not arbitrarily deny Shop Stewards the necessary time to carry out their duties.

Section 14.03. 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 from the Contract Manager to leave his/her work assignment. The Contract Manager's permission will be granted unless he determines compelling work commitments dictate otherwise. If permission is initially denied, the Contract Manager shall establish an alternate time, which shall normally be no later than the end of the work day, at which time the Steward can contact the employee.

Section 14.04. Time the Steward spends discussing with management a grievance or potential grievance, time spent in grievance meetings, time requested by management for participation of a Steward in investigatory interviews, and time spent in other meetings or activities with management shall not be charged against the time allocated in 14.02 above.

Section 14.05. The scope of the Steward's activities on Company time shall be limited to the investigation and processing of grievances and safety issues, said time shall be charged against the time allocated in 14.02 above:

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 Contract Manager.

c) To present an alleged grievance or a grievance to the Contract Manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d) To meet with the Contract Manager or other designated representative of the Company when necessary to resolve grievances in accordance with the grievance procedure of this Agreement.

e) To attend a meeting when requested by an employee who has reasonable belief that such meeting may result in discipline.

f) To attend a non-investigatory meeting.

Section 14.06. It is agreed that the Company shall not be required to pay an employee for any time away from work to serve the Union in any official capacity or to serve on any Union committee, except as provided in this Agreement.

ARTICLE 15

Visitation

Section 15.01. Full time Representatives of the Union shall with advance coordination, be admitted to the site by the Company during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties or for assisting in the adjusting of grievance or disputes provided that such activities shall be exercised reasonably and will not interfere with the normal conduct of the Company's operations. Base access and escort for Union Representatives shall be provided by a Steward with pre-coordination with the Contract Manager. All Union representatives shall comply with U.S. Air Force or other government agencies' regulations as required of all visitors. Authorized Representatives of the Union must be escorted by a Company employee at all times they are on Company premises.

ARTICLE 16

Safety and Health

Section 16.01. The Company shall provide and maintain a safe and healthy workplace, and in cooperation with the Union, will provide programs, training , and systems which seek to prevent and eliminate industrial injuries and illnesses. Any other special protective clothing or safety equipment required by the Air Force or Company shall also be provided by the Company.

Section 16.02. An employee's refusal to perform work which is in violation of established health and safety rules or any local, state, or federal health and safety law shall not warrant disciplinary action.

Section 16.03. The Company shall maintain an emergency first-aid station to care for its employees in case of injury. When an employee at work requires immediate medical attention by a medical practitioner or at a hospital as a result of an industrial injury/illness or exposure to hazardous agents in the work environment and the employee is not able to provide his own transportation to the treatment facility, the Company will provide the transportation to and from the employee's work location. If such employee is returned to the work site too late to use his normal transportation home, the Company will provide such transportation. Any bargaining unit employee who leaves work as a result of an on the-job injury will be paid for the remainder of the regularly scheduled work shift at their applicable rate of pay.

Section 16.04. The Company will comply with US Air Force, Department of Defense and other governmental rules and regulations and will take whatever safety actions are required by law.

Section 16.05. No employee shall be subject to any discipline, of any kind , for reporting a safety hazard or injury. However, an employee may be required, once proper protection and training is obtained, to remedy or to assist in a remedy for such conditions as may be unsafe or unhealthy. Employees who violate safety rules, safety regulations or safety policies of the Company, the Air Force or OSHA shall be subject to disciplinary action.

Section 16.06. Long full beards, unrestrained long hair, frayed trouser and shirt cuffs, loose clothing, improperly worn coveralls, untied shoe laces and torn clothing can become caught in tools or machinery and cause serious injury to workers. Personal grooming and appearance standards shall be enforced to prevent serious injuries should clothing , hair or jewelry be caught in operating tools and machinery.

Section 16.07. Employees will not attach, affix, or display objects, jewelry, or ornamentation through the ear, nose, tongue, or any exposed body part when performing work on the flight line or within industrial areas. These objects, jewelry, or ornamentation may pose a safety problem or present a foreign object damage hazard.

ARTICLE 17

Leave of Absence

Section 17.01. Leaves of absence for legitimate personal health reasons supported by sufficient medical verification will be granted to an employee for a period not to exceed ninety (90) days and will be extended when supported by sufficient medical verification supplied by the employee from a licensed physician. Leaves of absence for personal health reasons will not exceed 180 days. In the event the employee is released within 180 days of the date of such leave and the employee has notified the Company, in writing, of the time such leave was taken providing their position has not been abolished. If not released to return to work within 180 days after the date of leave, the employee may be terminated. An employee will be required to use all accrued PTO/Sick Leave before being placed on leave of absence for Personal illness. An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written full release of a licensed physician provided the employee is able to perform his/her assigned duties safely.

Section 17.02. Seniority shall continue to accumulate during the approved leave of absence. When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension of such leave prior to expiration if additional time is required. All such extensions must be requested in writing and have prior Company approval in writing.

a. Vacation and PTO/sick leave is not earned while on a leave of absence.

b. Health insurance may continue for a maximum of thirty (30) days provided the employee pays his/her portion of the premium at least ten (10) days prior to the next month's insurance coverage.

Section 17.03. Leave of absence for legitimate personal health reasons supported by sufficient medical verification will be granted to an employee in accord..ance with the provisions of the Family Medical Leave Act (FMLA) - up to 12 weeks per year provided the employee has completed 12 months full-time employment and has worked at least 1200 hours in the last rolling, twelve month period. An employee will be required to use all accrued PTO/Sick Leave before being placed on leave of absence for Personal Illness.

The Company will abide by the provisions outlined under the (FMLA).

Section 17.04. An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written full release of a licensed physician provided the employee is able to perform his/her assigned duties safely. Should the Company question the employee's capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work. If the physician selected by the Company and the employee's physician disagree, then the employee shall be examined by a third (3rd) mutually acceptable physician and that physician's decision shall decide the employee's capability.

a. While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work on a bi-weekly basis, except in those cases where the employee's physician has provided an expected date of return.

Section 17.05. Leaves of absence without pay for Union business will be granted to Bargaining Unit employees of the Company, not to exceed two (2) weeks per year with additional time granted to attend I.A.M conferences and conventions. This applies to those elected or appointed by the Union, to attend such functions as conferences, conventions, and Union educational courses, provided at least five (5) work days advance notice is given in writing to the Company. Leaves of absence are based upon mission constraints and therefore may limit the number of employees on such leave at any one time. The Company will not unduly withhold approval for such leaves of absence.

Section 17.06. In regard to employees who are members of the United States Armed Forces, Reserve Forces, or National Guardsmen the Company will follow all terms and conditions of Uniformed Services Employment and Reemployment Rights Act (USERRA).

The employee will be given a leave of absence (furlough) for, and will accumulate seniority during such periods of service. Employees required to report for military training in excess of thirty (30) consecutive days or those called to active duty shall be reinstated in accordance with the USERRA. The parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Section 17.07. When leaves of absence are granted, the employee, upon return to active employment, will bump back to his/her classification based upon seniority and qualifications provided such job has not been eliminated.

Section 17.08. When an employee fails to return to work at the expiration of an approved leave of absence, or accepts gainful employment during a leave of absence without the approval of the Company, that employee shall be discharged.

Section 17 .09. Any member of the Union elected or appointed to full time Union position shall, upon written request by the Union, be granted a leave of absence for Union activities up to a 180 day period. Employees on such leave shall retain seniority. Not more than one employee shall be on such leave at any one time. If the employee's group insurance through the Company is to be continued, the Union or the employee shall be required to pay the full monthly insurance premium.

a. When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if application is made therefore within fifteen (15) days thereafter, such Union member may bump back into a similar position, if same still exists, or a comparable position in accordance with his/her qualifications and seniority privileges, and applicable wage rate at the time of return to the active payroll.

ARTICLE 18

Bereavement Leave

Section 18.01. Upon notification to management of a death in an employee's immediate family, the employee shall receive paid bereavement leave as follows: if the death occurred within the state of Utah, a maximum of three (3) successive paid days off from the employee's regular work schedule shall be authorized; if the death occurred outside of Utah where out-of-state travel is necessitated, to attend service a maximum of five (5) successive paid days off from the employee's regular work schedule shall be authorized.

In the event of the death of a spouse, child, step or foster child an addition three (3) successive paid days off will be granted if requested by the employee.

Immediate family shall be defined as: spouse, mother, father, sisters, brothers, uncles, aunts, all legal children, grandchildren, grandparents and step or in-law relations of any of the above. For purposes of this Article, a half-brother or half-sister shall be treated the same as a brother or sister. Also included are natural, adopted, stepchildren (claimed as dependents for tax purposes) and guardianships.

Section 18.02. In the event of a death of an In-Law/Relative outside of immediate family as defined, regular leave shall be utilized with the same instate/out of state maximums applied. Management shall, upon notification, ensure a priority is granted for such regular leaves.

Section 18.03. For the purposes of this section, a paid bereavement day is constituted as eight (8) hours and shall not cause nor count toward any overtime payments. To obtain this leave as a paid benefit, the Company shall receive proof of the necessity for any bereavement leave granted pursuant to this section upon the employee's return to work, and where applicable, additional proof of out-of-state travel incurred by the employee.

ARTICLE 19

Jury Duty

Section 19.01. When an employee is summoned for jury duty, he will provide such notice to the Company as soon as possible. If the employee is required to report to the court for four (4) hours or more, the employee will not be required to report to work. The employee shall be granted pay for his regular work shift; less any fee or other compensation paid to the employee by the court. Pay for such time lost shall be up to eight (8) hours per day and forty (40) hours per week. An employee must present to the Company a statement from an official of the court attesting to dates served; time served and fees paid before any jury duty payment will be made.

Employees who report to work having less than four (4) hours of jury duty for that day will be allowed to complete the number of hours regularly scheduled for that day unless management instructs such employee to remain beyond that time. Employees paid for a full shift of jury duty will not be eligible to work overtime on that day unless call-in or callback provisions apply.

Section 19.02. An employee must have completed his probationary period in order to qualify for jury duty/witness duty.

Section 19.03. To receive compensation for jury duty, the employee must promptly notify the Company so as to provide time in which to process a request for his release. Any delays, beyond the control of the employee, in the processing of the aforementioned request shall not adversely affect the employee in pay or disciplinary matters.

ARTICLE 20

Witness Duty

Section 20.01. When an employee is subpoenaed to appear in court for witness duty, the subpoena must be shown to the employee's supervisor/Contract Manager immediately after it is received so operating requirements may be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits.

If employees have been subpoenaed or otherwise requested to testify as witnesses by the Company, they will receive normal straight time compensation for the entire period of witness duty.

ARTICLE 21

Discrimination

Section 21.01. The Company and the Union agree not to discriminate against or grant preferential treatment to any individual on the basis of such individual's race, color, religion , age, sex, disability, veteran status, national origin or because of Union membership or non-membership in, or activity on behalf of the Union. Any claim alleging discrimination on the basis of race, color, religion, age, sex, disability, veteran status, national origin or because of Union membership in, or activity on behalf of the Union shall be presented through the Grievance and Arbitration Procedure set forth in Article 23 of this Agreement, and the Union agrees on behalf of all persons covered by this Agreement that the Grievance and Arbitration Procedure will be the sole and exclusive remedy for all such claims.

ARTICLE 22

Discharge and Discipline

Section 22.01. Discharge or Disciplinary action shall be initiated by the Company only for just cause and any penalty imposed shall be consistent with proven offenses.

Section 22.02. The Company will furnish the Union with a copy of any discharge or disciplinary letters, or counseling forms given to any bargaining unit employee within three

(3) days of such action. The Company will also furnish the Union with a complete copy of any relevant contents of the employees personal file upon written release by the employee.

Section 22.03. Disciplinary action in any form imposed by the Company on nonprobationary employees shall be subject to the grievance and arbitration procedure.

Section 22.04. There shall be no investigative interview, which an employee reasonably believes could lead to disciplinary action without the Union Shop Steward being present if requested by the employee. NOTE: It is not the responsibility of the Company to inform the employee of their rights under the Weingarten Act.

Shop Stewards shall not be denied the opportunity to represent an employee at investigative interviews if requested by the employee. If a Shop Steward is requested but not available, such investigative interviews will be postponed until a Shop Steward can be present.

Section 22.05. Disciplinary action shall normally follow a line of progression. The normal line of progression is as follows:

1. Verbal Warning (documented)

2. Written Warning/Administrative Action 1

3. Written Warning/Administrative Action 2: may include Suspension

4. Discharge for cause

Both parties acknowledge that there are circumstances where immediate Suspension/Discharge may be appropriate.

Section 22.06. Disciplinary records for an employee who has no recurrence of the action that caused discipline shall be maintained in accordance with the following:

1. Verbal Warning (documented) will be removed after six (6) months

2. Written Warning/Administrative Actions will be removed after twelve (12) months

3. Discharge for cause: permanent record

ARTICLE 23

Grievance Procedure and Arbitration

Section 23.01. Exclusive Remedy and Time Limits The Company and Union agree that the following procedure shall be the sole and exclusive method to be followed in the adjustment or settlement of all grievances and differences of opinion regarding the interpretation or application of this agreement or applicable state or federal law, that may be filed by the Company or the Union. All grievances not presented to the Company within fifteen (15) days after they occur or first knowledge shall not be considered . The Company and the Union shall both be allowed to substitute a designee in any/all steps of the Grievance procedure.

Section 23.02. Processing of Grievances

a) Step 1 (verbal): All grievances will first be discussed at a meeting between the employee involved and the Employees Supervisor, with or without a Shop Steward present. It is the intention of the parties that every reasonable effort be made to settle grievances at this level.

b) Step 2 (written): All grievances not resolved under Section 23.02. (a) above shall be reduced to writing and submitted to the Contract Manager within fifteen (15) days of first knowledge that a grievance exists. Within ten ( 10) days from the day the Company receives the written grievance, a meeting will be held between the grievant, the Contract Manager, and the shop steward. The Company shall give the shop steward a written answer to the grievance with ten (10) days from the date of the meeting.

c) Step 3: All grievances not resolved under Section 23.02. (a) and (b) above shall be submitted in writing by the Chief Shop Steward to the Company's Vice President within ten (10) days from the date that the answer was received from the Contract Manager. After written notice by the Union to move the grievance to the next step, a meeting will be held within ten (10) days with the Contract Manager, the grievant, the shop steward, the chief shop steward, and any witness(s) with relevant information or facts related to the grievance. The Company shall give the chief shop steward a written answer to the grievance within ten (10) days of this meeting.

d) Step 4: All grievances not resolved under Section 23.02. (a),(b) and (c) above may within fifteen (15) days after the Union receives the Company's written answer, be submitted to the Company's Vice President by the Union's Business Representative. A meeting will be scheduled as soon as possible with the Human Resources Manager, the Business Representative and shop stewards or other employees with relevant information or related facts in an effort to resolve the grievance. It is desired that this meeting be held within fifteen (15) days from the date the Union notified the company of the intent to move the grievance to the next step in writing . By mutual consent the Step 4 meeting may be held as a teleconference or video conference. Within ten (10) days after this meeting is held, the company's Human Resources Manager will give the Union's Business Representative a written answer to the grievance.

e) Grievances arising out of a suspension without pay or a discharge may be submitted directly to Step Three described in Section 23.02 herein.

f) If the Company feels the Union has violated any part of this agreement, they may file a grievance in writing directly at the Step 3 level and can be moved through the

Step 4 and Arbitration Sections of this Article pursuant to the time limits contained herein.

g) Prior to any arbitration hearing, the Company and the Union agree that they can meet at any time in an effort to resolve any grievance or dispute at any level of the grievance procedure.

h) If either party fails to meet the time limits herein (unless by mutual consent):

1) If the Union fails to meet the initial time limit to file a grievance or to appeal a grievance, an extra seven (7) days will be allowed. If not then filed or appealed, the grievance will be dismissed.

2) If the Company fails to meet the time limits, the grievance is deemed denied and may be advanced to the next step of the grievance process or to arbitration without prejudice to the grievant. Notwithstanding the foregoing, the Company understands the importance of and will respond to all grievances, provided that a late response will not result in the grievance being granted.

i) With respect to Section 23.03 (b) the alternative strike process will be conducted by phone.

j) By mutual agreement any of the above time limits may be extended.

k) If either party fails to meet the time limits herein (unless by mutual consent):

1) If the Union fails to meet the time limits herein; the grievance is dismissed.

2) If the Company fails to meet the time limits; the grievance is granted.

Section 23.03. Arbitration

a) Any grievance not settled in accordance with Section 23.02. above may be moved to arbitration by either party by notifying the opposite party in writing of intent to arbitrate within fifteen (15) days from the date the Union receives the Company's Step 4 answer to the grievance or the grievance is considered dismissed.

b) Within fifteen ( 15) days after the notice of the intent to arbitrate by either party, the Company and the Union shall mutually request a panel of nine (9) Arbitrators from the FMCS and shall alternately strike names (can be done telephonically by mutual agreement) from that list within ten (10) days after the list is received. The last remaining name shall be the arbitrator. The decision of the arbitrator shall be final and binding upon the Company, the Union, and all employees involved. The arbitrator shall not have the authority to add to, subtract from, or modify the terms of this agreement. The arbitrator will render the decision promptly after the hearing date.

a) The cost of the meeting room, the arbitrator's fees and expenses will be shared equally between the parties.

b) The Company or the Union will pay the costs related to their respective witnesses.

ARTICLE 24

Hours of Work

Section 24.01. All current 72 hour employees will have the option to stay on current 72 hour schedule. All new hires after June 14th 2020 will be placed on a 40hr per week full time schedule.

Section 24.02. Based on the designated work schedule, a normal shift may consist of eight (8) hours, ten (10) hours, twelve (12) hours or other scheduled hours based on the schedule design; there shall not be any "split shifts" as applied to an employee's daily work schedule. The normal hours are exclusive of a meal period; meal periods will be thirty (30) minutes.

Section 24.03. Shifts will be standardized to meet customer needs. Normal shift starting times will be determined by management, posted in the effected work area and communicated to all affected employees.

a) First (1 st) shift may normally begin between 4:00 a.m. and 9:00 a.m.

b) Second (2nd) shift may normally begin between 12:00 p.m. and 6:00 p.m.

c) Third (3rd) shift may normally begin between 9:00 p.m. and 1 a.m.

d) In the event shift starting times change, changes will be communicated to the employee as soon as possible but at least two (2) days in advanced of such change.

e) Permanent or long-term changes in shift starting times will be communicated at least five (5) days in advance of such change. Failure to communicate such change within said time limits will result in treating the first shift worked on the new schedule as call-in pay.

f) Temporary shift changes or changes in starting time due to customer requirements, emergencies or unusual circumstances shall not constitute a paid change as in Section 24.04(E) above (i.e. personal absence such as short notice vacations, leaves of absence, sickness, jury duty, witness duty, bereavement leave). All temporary shift starting time changes shall be communicated in a timely manner with as much notice as practical. Any Temporary shift change that lasts longer than two (2) weeks will follow bid language as set forth in Article 12 Seniority.

c) The cost of the meeting room, the arbitrator's fees and expenses will be shared equally between the parties.

d) The Company or the Union will pay the costs related to their respective witnesses.

ARTICLE 24

Hours of Work

Section 24.01. All current 72 hour employees will have the option to stay on current 72 hour schedule. All new hires after June 14th 2020 will be placed on a 40hr per week full time schedule.

Section 24.02. Based on the designated work schedule, a normal shift may consist of eight (8) hours, ten (10) hours, twelve (12) hours or other scheduled hours based on the schedule design; there shall not be any "split shifts" as applied to an employee's daily work schedule. The normal hours are exclusive of a meal period; meal periods will be thirty (30) minutes.

Section 24.03. Shifts will be standardized to meet customer needs. Normal shift starting times will be determined by management, posted in the effected work area and communicated to all affected employees.

a) First (1 st) shift may normally begin between 4:00 a.m. and 9:00 a.m.

b) Second (2nd) shift may normally begin between 12:00 p.m. and 6:00 p.m.

c) Third (3rd) shift may normally begin between 9:00 p.m. and 1 a.m.

d) In the event shift starting times change, changes will be communicated to the employee as soon as possible but at least two (2) days in advanced of such change.

e) Permanent or long-term changes in shift starting times will be communicated at least five (5) days in advance of such change. Failure to communicate such change within said time limits will result in treating the first shift worked on the new schedule as call-in pay.

f) Temporary shift changes or changes in starting time due to customer requirements, emergencies or unusual circumstances shall not constitute a paid change as in Section 24.04(E) above (i.e. personal absence such as short notice vacations, leaves of absence, sickness, jury duty, witness duty, bereavement leave).