Robins_TA__CBA_2013-2016.pdf

TRANSIENT ALERT

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

UNITED FOOD AND COMMERCIAL WORKERS LOCAL NO. 1996

3302 McGinnis Ferry Rd, Suite 201

SUWANEE, GEORGIA 30024

AND

Shiloh Services, Inc.

218 Sandy Creek Ranch Dr.

Smithville, TX 78957

EFFECTIVE 09/01/2013

EXPIRES 08/31/2016

BARGAINING AGREEMENT

INDEX

ARTICLE NO. TITLE OF THE ARTICLE PAGE NO.

AGREEMENT CLAUSE 3

ARTICLE 1 INTENT AND PURPOSE 3

ARTICLE 2 COVERAGE 3

ARTICLE 3 UNION SECURITY CLAUSE 4

ARTICLE 4 CHECK-OFF 4

ARTICLE 5 UNION COOPERATION 5

ARTICLE 6 GRIEVANCE PROCEDURE 5

ARTICLE 7 NO STRIKE, NO LOCKOUT 7

ARTICLE 8 SENIORITY 8

ARTICLE 9 WORKMEN’S COMPENSATION 12

ARTICLE 10 DISCIPLINE AND DISCHARGE 12

ARTICLE 11 LEAVE OF ABSENCE 13

ARTICLE 12 WORKING CONDITIONS 17

ARTICLE 13 HOLIDAYS 22

ARTICLE 14 VACATIONS 23

ARTICLE 15 PENSION PLAN 24

ARTICLE 16 LEGAL ASSISTANCE FUND 25

ARTICLE 17 WAGES 25

ARTICLE 18 MANAGEMENT RIGHTS 26

ARTICLE 19 EQUAL OPPORTUNITY 26

ARTICLE 20 SEPARABILITY 26

ARTICLE 21 SEVERANCE PAY 27

ARTICLE 22 EXPIRATION 28

AGREEMENT

This Agreement entered into by and between Shiloh Services, Inc., its successors and assigns, hereinafter designated as the Employer, and the United Food and Commercial Workers

Union, Local 1996, chartered by the United Food and Commercial Workers International Union affiliated with the AFL/CIO, hereinafter designated as the Union.

Except in cases of condemnation or liquidation, this agreement shall be binding upon the parties hereto, their heirs, successors, administrators, executors and assigns. In the event the

Warner Robins Transient Alert contract is sold, leased, transferred or taken over by sale or transfer, lease assignment, receivership or bankruptcy proceedings or is taken over by management control, such operation shall continue to be subject to the terms and conditions of this agreement for the life thereof. Seniority of employees shall not be broken by any change of employer.

The Union expressly acknowledged and agrees that the Company is performing its services at Robins Air Force Base, under a government contract with the United States Air Force and if said base should terminate the contract, the Company shall be relieved of all the obligations under this agreement, which arise subsequent to the Air Force termination of the contract, or the expiration of the contract, whichever is applicable.

It is understood that this provision in no way relieves the Company from any legal obligation which would arise before the termination by the Air Force of its contract with the

Company, or the expiration of the contract, whichever is applicable.

Article 1.

INTENT AND PURPOSE

The Company and the Union each represent that the purpose and the intent of the

Agreement is to promote cooperation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, and hours of work, and conditions of employment.

Article 2.

COVERAGE

The Union shall be the sole and exclusive bargaining agent for all employees in the following classifications: all full-time and regular part-time employees employed at the

Transient Alert Contract at Robins Air Force Base, Warner Robins, Georgia, including Lead

Mechanics, Quality Assurance, Aircraft Servicers, and Dispatchers, excluding office clerical employees and other professional employees and all supervisors as defined in the Act.

Supervisors in their routine duties shall be allowed to deliver parts to the various shops and work areas. The right shall be incidental to the Supervisor’s normal duties and is not intended to delete any work performed by the parts delivery classification.

Employees shall have the unqualified right to register complaints or grievances or to testify in any proceeding concerning the provisions of this Agreement without in any way jeopardizing their employment status or being subject to discrimination (by the Employer or the

Union).

Article 3.

UNION SECURITY CLAUSE

A. It shall be a condition of employment that all of the employees of the Employer covered by this Agreement who are members in good standing on the effective date of this

Agreement shall remain members in good standing and those who are not members on the effective date of the Agreement shall on the thirty-first (31 st) day following the effective date of this agreement become and remain members in good standing in the Union.

B. It shall also be a condition of employment that all employees covered by this

Agreement and hired on or after its effective date shall on the first day of the month following the first calendar month completed become and remain members in good standing with the

Union.

Article 4.

CHECK-OFF

A. For the duration of the present contract or any renewal thereof, the Employer agrees to deduct an amount equivalent to Union initiation fees and dues, on a twice monthly basis and remit to the local Union once each month in such amount as Local No. 1996 shall determine and provide for its members generally from the pay of each employee who has signed a properly approved authorization card. The Union shall officially, in writing, notify the Employer of its current initiation fee and monthly dues, and if there is any change, notice of the change will be given to the Employer in writing.

B. The Employer agrees that a standard deduction will be made once a month, from employees who have signed an “Active Ballot Club” check-off card.

Article 5.

UNION COOPERATION

A. The Union agrees to uphold the rules and regulations of the Employer in regard to punctual and steady attendance, proper and sufficient notification in case of necessary absence, conduct on the job, and all other reasonable rules and regulations established by the Employer.

B. The Union agrees to cooperate with the Employer in maintaining and improving safe working conditions and practices, improving the cleanliness and good housekeeping and in caring for equipment and machinery.

C. The Union agrees to cooperate in correcting inefficiencies of members, which might otherwise necessitate discharge.

D. The Union recognizes the need for improved methods and output in the interest of the employees and the business and agrees to cooperate with the Employer in the installation of such methods, in suggesting improved methods, and in the education of its members in the necessity for such changes and improvements.

E. The Union recognizes the need for conservation and the elimination of waste and agrees to cooperate with the Employer in suggesting and practicing methods in the interest of conservation and waste elimination.

Article 6.

GRIEVANCE PROCEDURE

Section 1. Should any differences arise between the Employer and the Union or employees as to the meaning and application of the provisions of this Agreement or as to the compliance of either party with any of its obligations from this Agreement, or should there be a complaint or grievance by any employee of the Union or the Employer an earnest effort shall be made to settle such difference immediately under the following procedure:

(a) The grievance or complaint shall be reduced to writing and submitted to the shop steward from the department of the aggrieved employee. A meeting will be held between the employee affected, the shop steward and the department head within five (5) working days from the date the grievance or complaint was filed. If the grievance or complaint is not settled at this level, such grievance or complaint shall go to Step B.

(b) Between the aggrieved employee, the shop steward and/or the Union Business

Agent and an executive of the Employer, within fourteen (14) days from the date of the meeting held in Step A. If the grievance or complaint is not settled at this level, such grievance or complaint shall go to Step C.

(c) Between the representative of the Union and an executive of the Employer, at which time either party may call in an outside representative. This meeting shall be held within seven

(7) days from the date the meeting was held in Step B. If the grievance is not settled at this level, the Employer’s executive representing the company, shall give the Union, in writing, his/her deposition of the grievance.

Section 2.

A. Any grievance which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure herein outlined may be submitted to arbitration within ten

(10) working days of receipt of the reply from Step C.

B. The party desiring arbitration shall notify the other party in writing within the aforementioned ten (10) days period, and shall request a panel of seven (7) arbitrators from the

Federal Mediation and Conciliation Service.

Each party shall alternately strike a name from the list until one name remains. The remaining name shall be the selected arbitrator. The parties shall agree as to who shall have the first strike. The authority of the arbitrator shall be limited to determining questions or disagreements involving the interpretation or application of provisions of this agreement, and no other matter shall be subject to arbitration. The arbitrator shall not have the authority to change any of the terms of the agreement except where a compensation rate is in question on a newly or changed job classification. Each party shall bear their own expenses except where there is cost associated with the arbitrator and that will be shared equally. Failure to appeal a decision made in any step in the time specified shall constitute a bar to further action.

The authority of the arbitrator shall be strictly limited to the interpretation or application of the existing terms of this Agreement, and all other matters are expressly excluded from arbitration. The decision, when so made, shall be final and binding on all parties, and they agree that they will abide. The expenses and compensation of the arbitrator shall be borne equally by the Parties. Such cost shall be limited to the arbitrator’s fees and expenses, the hearing room and other costs as mutually agreed to.

The arbitrator shall consider only the particular issue or issues presented to him/her by the Company and the Union.

Time limits for all of the above may be waived by mutual agreement of the parties. No grievance will be discussed unless the above procedure has been followed.

Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than fifteen (15) days after such has happened. The Union shall have the right to determine whether any employee’s grievance is qualified to be submitted to arbitration by the Union, and such determination shall be final and binding on the employee and the Union.

The Employer shall have the right to call a conference with the Shop Steward or official of the

Union for the purpose of discussing his/her grievance or criticisms.

Section 3. The Union will not authorize, assist or support any strike or stoppage of work because of any matter covered by this Agreement and for which procedure for settlement herein provided is available but has not been utilized.

Section 4. Participation in any strike, slowdown, or sit-down or stoppage of work brought about either by action of the Union in violation of this Agreement or by action of individuals or groups without Union authority shall be just cause for dismissal or discipline by the Employer of any and all employees participating therein. Any complaints as to the propriety of the disciplinary action taken by the Employer under this paragraph shall be taken up through the grievance procedure provided in this Article.

Section 5. Every employee must be given the opportunity to call in the shop steward or telephone the union office at the time of discharge if he/she so elects in order to present an immediate defense on his/her behalf concerning reasons of discharge.

Section 6. The Union shall have the right to designate a steward for each shift or shop.

The Union shall submit to the Employer in writing the names of all such stewards. The authority of the stewards shall be limited to and shall not exceed the investigation and presentation of grievances in accordance with the provisions of this Agreement, and the handling of such Union business as may be delegated to them from time to time by the Union. A steward does not have the authority to call a strike, work stoppage, slowdown, or any other interference with the

Employer’s business. The steward shall be granted reasonable time by management to investigate or present grievances and at no other times. The Steward is not to use his/her position as shop steward to avoid performing his/her duties to his/her Employer.

Section 7. Upon request, the Project Manager or his designee will grant to any accredited

Union Representative the right to visit job sites during work hours and communicate with employees. Any such visits shall be at reasonable times and intervals (no more frequently than monthly unless reasons for visits are urgent or compelling). Visits with employees in work areas shall be brief and Management shall have the right to withdraw permission at any time such visits are interfering with employees’ work or the mission on the US Government.

Article 7.

NO STRIKE, NO LOCKOUT

During the term hereof, the Union agrees that there shall be no strike or any other interference with or interruption of the normal conditions of the Employer’s business by the

Union or its members. The Employer agrees that there shall be no lockout.

Article 8.

SENIORITY

Section 1.

A. Seniority shall be broken down into two categories: total seniority and department classification seniority.

B. Total seniority shall be defined as the length of continuous service with the Employer in years, months and days.

C. Department/classification seniority shall be defined as the length of continuous:

(a) Full-time service with the Employer in years, months, and days by classification and department.

(b) Part-time service with the Employer in years, months, and days by classification and department.

D. There shall be one seniority list for full-time employees and a separate seniority list for part-time employees. In the event of a lay-off for lack of work, it is understood that a full-time employee may displace a part-time employee in the same job classification in his or her department. When a part-time employee is promoted to full-time his date of promotion will be considered his/her seniority date for lay-off purposes.

A. Employees shall be laid off according to their respective department and classification position in the reverse order of seniority. It is understood and agreed that when the Company lays-off employees, except in cases of disciplinary action and employees designated as temporary employees, the employees to be laid-off will be given a lay-off notice of one (1) week, or will be allowed one (1) week pay in lieu of notice. For circumstances beyond the control of the Employer or causes due to an act of God, employees to be laid off will be given a lay off notice of three (3) days or will be allowed three (3) days pay in lieu of notice. Temporary employees are employees who are hired with the written understanding that their position is created solely to meet indefinite increases in workload of an indefinite duration. Termination of the Company’s contract with the government shall not require one-week notice of termination of employment. Recalls shall be in accordance with the Seniority List by department and classification.

B. Should an employee be laid off, he/she will have the right to transfer to their previous positions by department and classification if their total seniority exceeds another employee’s total seniority. If the employee who is laid off held no previous position, then said employee is considered laid off and subject to recall. If no recall is made within six (6) months, then said employee would be formally terminated.

Section 3. A copy of the current Seniority List shall be available to the Union as requested; along with a detailed list indicating name, social security number, address, phone number, and pay rate. A detailed statement of department/classification seniority will be posted on the bulletin board of each department in October and April of each year.

Section 4. All incumbent employees hired by the successor Contractor, with no break in continuous service, shall be on probation for their first forty five (45) days of employment with the successor Contractor. All new employees hired thereafter shall be on probation for their first ninety (90) days of employment. Part-time Employees who are promoted to full-time positions and who have completed their probationary periods, and those rehired after a break in continuous service will be on probation for their first thirty-one (31) days of employment following their last date of hire. Should the Employer decide to terminate a promoted part-time employee within the

31 day probationary period, for reasons other than termination for cause, the part-time employee, provided he/she has seniority, may bump back into a part-time position. After an employee’s probationary period us up, the employee will be placed on all Seniority Lists and receive length of continuous service credit from the last date of hire. If several new employees are hired on the same day, they will be listed according to the clock number assigned, with the lowest clock number having the most seniority. It is understood that probationary employees may be laid off or discharged at the exclusive discretion of the Employer.

Section 5. Seniority shall be considered broken if an employee is duly discharged for just cause by the Employer, if the employee voluntarily quits, or if he/she has been laid off continuously for a period of more than six (6) months, or if he/she is called back to work after a layoff and does not report for work within the applicable time period from the time of notice to return to work. Personal leave of absence without pay shall not be counted toward employee’s seniority.

Section 6. When new operations come into being, the contractor and union will meet to determine into which sectional/seniority groups the operation should be placed, and/or establish a new sectional/seniority group.

When new operations come into being, the Employer shall consider requests for consideration for transfer to these jobs. The Employer will base its selection upon:

(a) ability to perform work

(b) physical factors

(c) seniority

When (a) and (b) are equal, then seniority shall govern.

Employees transferred into new operations shall be given the same consideration and orientation period, which would be, afforded a new employee.

Section 7. When Management determines that present sectional/seniority groups are to be abolished and the work ceases to exist, those persons affected having passed their probationary period shall replace a like number of employees junior to them in seniority from the bottom of the Seniority Lists. The displacing person must be able to do the work of the displaced person, be physically able and must have more seniority. The oldest seniority employee from such displaced group shall have first choice and the others continue in proper order until all have been relocated.

Section 8. Employees who are on layoff from the department within which they have seniority shall be given preference for employment opportunities in other departments, provided they are immediately qualified to perform the duties of the job opening, qualifications to be determined by the Employer as outlined in Section 7.

Section 9. Right of Temporary Interchange.

A. The Employer shall have the right to temporarily interchange employees from departments and between departments, providing, however, that no employee shall suffer a reduction in pay as a result of any such interchange, and such interchange shall not exceed a period of sixty (60) days. However, the sixty day interchange period may be extended by mutual agreement of the Company and the Union. Any Employee temporarily transferred to a higher paid classification and performs the duties as required by the higher classification shall receive the rate of the higher classification for hours worked in the higher classification. However, the employee who has been transferred on a temporary interchange shall be offered a chance to return to his former position prior to filling his/her former position with another employee. The

Employer shall maintain a written record in each employee’s file when a temporary interchange of one day or more occurs. This record shall indicate the job title and length of time spent on the temporary interchange.

B. Work assigned to employees outside their area shall be as follows:

1. On a voluntary basis by seniority.

2. In the event there are no volunteers or enough volunteers, the Company will make every effort to rotate work equally among all employees within that department.

Section 11. Right of Permanent Interchange.

Permanent interchange between departments, which shall be considered those involving transfers for a period in excess of sixty (60) working days, shall be subject to agreement between the Union and the Employer.

Section 12. Posting Vacancies.

A. When a full-time vacancy in any job occurs, the Company shall post a notice of that vacancy in all departments for a period of three (3) working days. The Company and the Union jointly agree to implement the following procedure for filling the opening.

(1). Notice will include name of job, rate, and estimated date to be filled, a brief but thorough job description, anticipated shift, required licenses, and other pertinent data.

(2). Employees will be allowed to bid on a job in writing on the basis of qualification, ability and seniority.

(3). The Company may administer written and practical skills tests for biddable positions to determine qualifications. Tests will be jointly drafted, approved and administered by

Management and designated Union personnel.

(4). If a vacancy occurs while a more senior employee is on a leave of absence, or vacation, they will be given the opportunity to bid on the job within one week, after they return to work. The Employer may fill the position on a temporary basis, until all senior employees have been notified of such opening. Employees who are interested in such vacancies shall sign such notice when posted.

(5). Shiloh will telephone employees not working and notify of job postings. Any such employee shall be responsible for furnishing Shiloh with telephone numbers and keeping them updated. Shiloh will not be responsible if employees cannot be reached at the furnished numbers for any reason.

B. For the purpose of this section, ability shall be construed to mean that an employee shall be physically and mentally fit to work regularly at the occupation and have sufficient skill as a result of previous actual or related qualifying experience or training to perform the tasks required in a workmanlike manner and be able to qualify in accordance with terms of

Government Contract requirements. In the event the Company deems it necessary, the employee may be required to take a physical examination at the expense of the Employer to establish if he/she is physically fit to perform the duties of the occupation. Qualifying experience will be based on personnel files, resume and past performance as presented to a Section Panel composed of a shop steward and two (2) supervisory people. Whenever the employer interviews for a biddable position the shop steward will be present during the interview.

C. An employee, while serving as a steward, shall be the last employee in his/her classification to be laid off, transferred from his/her department, or his/her shift, so long as other employees remain in his/her job title and in the department and on the shift for which he/she is designated as steward. This shall not apply to temporary transfers of five (5) days or less. The employee may not use his/her super-seniority as a steward for the purpose of shift preference, (except to remain on his present shift), promotions, choice of vacation dates, and overtime.

Section 13. Promoted Employees Seniority Retention

An employee who has established seniority rights in an occupational classification within the bargaining unit and who is subsequently transferred or promoted to a position outside the bargaining unit shall be deemed to have accumulated and retained seniority rights in accordance with the provisions of this Agreement for a period of one (1) year only from the date of such transfer or promotion.

Article 9.

WORKMEN’S COMPENSATION

When an employee is injured on the job, there shall be no deduction from the employee’s pay for the day in which the employee was injured and reported for medical care. When an employee returns to work following the injury and is certified as ready and able to perform all regular duties but requires medical treatment as a result of the same injury, the Employer shall adjust his/her work schedule without penalty to the employee, except for the loss of pay while away from the job site.

Article 10.

DISCIPLINE AND DISCHARGE

Section 1. The Company retains the management rights to discipline an employee for just cause.

Section 2. Before disciplinary layoff or discharge of employee is made final, the employee and his Union representative will be advised of the charges against the employee. The employee and his Union representative will be given the full opportunity to promptly present any defense to such charges. An employee may be temporarily suspended from work pending the completion of the investigation, but if upon completion of investigation, it is determined that no layoff or discharge penalty should be imposed, the employee will be paid for any time lost from regular work during such suspension.

Section 3. The Company will make discipline effective without delay and by written notice to the employee with a copy promptly furnished to the authorized Union representative.

The Union representative shall be responsible for forwarding a copy to the office of the employees’ Union. If the employee or the Union feels that the action is not justified, claim for unjust discipline may be made and appealed in the manner provided in the grievance and arbitration articles of this collective bargaining agreement.

Section 4. An employee proven to have been suspended from work or discharged without just cause will be returned to his former position and will be paid for all time lost or granted such other relief as may be agreed upon by the employees Union and the Company or determined by an arbitrator in an arbitration procedure under this collective bargaining agreement.

Section 5. Dishonesty, or drinking or being under the influence of alcoholic beverages or illegal drugs while on duty, drinking of alcoholic beverages on company property, recklessness resulting in serious accident while on duty, or the transportation of unauthorized personnel in company operated vehicles shall be cause for immediate dismissal.

Section 6. The Company will furnish to each employee and to the Union a copy of the revised Rules of Conduct for Employees. The Company considers that none of the provisions of such Rules of Conduct are in conflict with any of the provisions of this Agreement and that such

Rules are reasonable and necessary for safe, effective and efficient operation. The Company reserves the management right to amend the Rules of Conduct in the future upon the Company’s determination that such amendments are reasonable and necessary for the safe, effective and efficient operation of the plant, but no such amendment may be contrary to any of the terms or provisions of this Agreement. The contracting Union reserves the right to protest through the

Grievance and Arbitration Procedure in this Agreement the reasonableness, the interpretation or the application of such Rules of Conduct. By executing this Agreement, the contracting Union does not waive its right to contend that a provision in such revised Rules of Conduct, or any amendment thereto, is contrary to this Agreement, that it is unreasonable, that the company has improperly interpreted such provision or that the Company has applied such provision in an arbitrary or unreasonable manner.

Section 7. Warning Notices: Warning or disciplinary notices will be used in determining further disciplinary action up to twelve (12) months. Warning or disciplinary notices will be purged from employees’ files after twenty four (24) months unless it is required to be retained by

State or Federal Law. After the twelve (12) months, these notices will only be used for promotional consideration.

Article 11.

LEAVE OF ABSENCE

A. The Employer shall grant to not more than two (2) employees the necessary time off without discrimination or loss of seniority rights and without pay to any employee designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided the Employer is given at least one (1) weeks notice in writing specifying the length of time off, but in no case shall the length of time off exceed one (1) year. The Employer will pay up to one (1) day off per year for one (1) employee to attend the union labor convention.

B. The employee will state, in writing, the leave of absence, date, reason for a medical leave of absence, and the anticipated date of return. If the employee is physically/medically unable to submit the written request, the employee will telephone the Project Manager’s office and make the request orally, unless unable to do so supported by medical evidence.

Prior to an employee returning to work after a medical leave of absence a written release form from the employee’s physician must be submitted to the Project Manager’s office. Any cost related to obtaining a physician’s notice or statement not covered by the employee’s health insurance would be paid by the employee. All leave without pay must be pre-approved or a doctor’s excuse will be furnished justifying leave.

In cases of absence due to an injury on the job, the maximum period for a leave of absence shall be three (3) years, subject to the same provisions as stated herein.

C. A personal leave of absence up to thirty (30) days may upon management approval be granted to an employee who has had one (1) year continuous service for reasonable personal reasons but not for the purpose of engaging in gainful employment elsewhere. Any such employee desiring a leave of absence shall secure written permission from the Employer, with a copy to the Union, the length of absence to be agreed upon by the Employer and the employee.

Such request will not be unreasonably denied.

The length of absence shall commensurate with the need and without pay but shall not exceed thirty (30) days.

D. Family and Medical Leave Act (FMLA): A leave of absence of up to twelve (12) weeks (unpaid) shall be granted to an employee who has had one (1) year of continuous service and who has worked at least 1250 hours in the twelve (12) months prior to the request, pursuant to the provisions of the Family and Medical Leave Act. Any such employee desiring a leave of absence may be required to provide advance leave notice and medical certification prior to the leave notice and medical certification prior to the leave of absence being granted, subject to the provisions of the Act. The length of the absence shall be commensurate with the need. In the event there is a conflict 29 U.S.C. 2601 (FMLA) and this agreement, federal law shall prevail.

Extensions will be granted up to ninety (90) days at a time, for a accumulated total of eighteen

(18) months per leave approval, if requested and granted in writing, supported by proper medical evidence prior to each expiration. Should the above language violate any provision of the

Americans with Disabilities Act, the Company and the Union will meet within sixty (60) days to discuss and correct the problem.

E. An employee who is called into military service or joins the National Guard or US

Military Reserves and returns for his/her job will be given full job reinstatement rights in accordance with the applicable Federal Laws.

F. Time spent on personal leave of absence will not be counted as time worked for purpose of wage computation and will result in loss of seniority. Failure to report back to work at the end of a leave of absence shall result in the employee being considered a voluntary quit.

Any employee accepting employment elsewhere while on leave of absence shall be considered a voluntary quit, except in a case where such employee works for the Union. It is understood that no service credit toward earned vacation will accrue during such leave.

In returning to work, employees shall return to the position from which they left provided their length of service is greater than employees in similar job classifications. The Employer shall make a concerted effort to retain the open position so long as it does not interfere with normal operations and contractual obligations. If it is necessary to fill a position, first priority will be given to part time personnel in the Local 1996, second to temporary personnel, third to other temporary personnel, fourth to other cross utilization and fifth to hiring a full time person.

Employees not available for work for a period of fifteen (15) days will automatically be placed on official leave of absence. When returning from leave, employees must give one (1) week’s notice of their desire to return to work.

G. A full-time employee who serves on jury duty shall be paid for time necessarily lost from work for up to 5 working days, provided that the employee makes every reasonable effort to be available for work within their regular work schedule when not occupied with jury duty.

The pay will be the difference between each day’s jury fee and the employee’s regular rate, provided every reasonable effort was made to return to work.

In the event any employee is subpoenaed by the Employer to appear in court on behalf of the Employer, or assist in any legal proceedings on behalf of the Employer, the employee will be compensated for the time involved at his/her regular rate of pay, straight time or premium, as set forth in Article 12 of this Agreement.

H. In the case of a death in the immediate family of an employee, the employee will be paid for a reasonable period of absence, depending on the circumstances, but not to exceed three

(3) days, provided the employee attends the funeral. In no case will the employee receive more than his normal week’s pay. “Immediate family” shall mean spouse, natural parent, stepparent, employee’s mother-in-law, father-in-law, grandparents, natural or adopted child and stepchild living with the employee, sibling, grandchild, brother-in-lay, sister-in-law, and grandparents-in-law.

It is understood that the employee must have been scheduled to work for the period of absence for them to receive pay.

I. Regular full time employees will accumulate sick leave at a rate of three and one half

(3.5) hours per month. The Company will allow increments of one (1) hour on each individual sick leave request. A medical certificate from a doctor will be required when an employee has been off sick for three (3) consecutive days. Regular part-time employees will accumulate sick leave at a rate of two and one-half (2.5) hours per month in any twelve (12) month period. To be eligible for sick leave employees must work an average of eighteen (18) hours per week and be employed by the Company for at least six (6) months. A part-time employee is defined as an employee who is not guaranteed any specific number of hours in a workweek or a specific schedule of work. Employees may carry over up to 24 hours of sick leave past each contract option year for no longer than a six (6) month period beyond the end of the previous contract period.

Sick leave may be used for either physician or dental appointments provided the appointment has been scheduled during the employee’s regular scheduled hours, and the employee has made every reasonable effort to schedule the appointment outside his/her regularly scheduled hours.

Suspected Monday- Friday abusers or frequent users of sick leave will be required to provide a doctors excuse for absences. A management decision to require a doctor’s excuse shall first be discussed with a Union Steward and any mitigating circumstances presented on behalf of the suspected abuser will be considered by Management.

Sick pay benefits will not be paid for sickness or injury due to excessive use of alcohol, use of drugs or narcotics, injuries incurred in a fight or brawl occasioned by any unlawful acts.

Employees may donate accrued sick leave to other employees with mutual consent between the Company and the Union. Sick leave may be substituted for vacation if the employee gives at least a thirty (30) day advance notice and the leave is mutually agreed to by the company and the union.

The Employer will institute a random drug testing program in accordance with the

Georgia Drug Free Work Place program. A copy of the program will be furnished to the Union.

The Employer shall have the right to have drug tests administered following accidents, injuries, or suspected use of drugs by an employee on the job.

No employee will be called into work for the sole purpose of being given a drug test. All testing will be conducted during an employee’s normal work schedule, excluding owl shift. Owl shift employees shall be held over at the completion of their shift. All time required of an employee for such test will be recorded as time worked, and no employee will be required to take time off to avoid overtime pay if the test should be beyond the normal shift or normal work week.

If the employee requests a second drug test, they must notify the Project Manager’s office prior to taking first test. The test will be done immediately following the first test at a state of

Georgia certified testing facility in Houston County Georgia. A list of these facilities will be provided by the Company. This test will be performed at the expense of the employee and will be within two hours of the first test. All other rules that are in accordance with the Georgia Drug

Free Workplace Policy will apply.

A member of management will accompany all employees that are sent to be tested. A

Union shop steward may accompany employee if so requested.

Should the hours of the facilities used for the purpose of drug testing change so that the above provisions cannot be provided, the parties agree that they will, within thirty (30) days, meet to replace said provisions with a workable provision.

There will be no payout of sick leave for any reason.

J. Temporary Military Service: Each full time employee, while actively employed in a bargaining unit position covered by this agreement, (but not while on layoff), who is absent because of performance by him/her because of:

(a) Temporary active duty for training as a Reserve or National Guardsman, not to exceed in any calendar year, either fourteen (14) consecutive days or ten (10) regular scheduled workdays, if such training is not performed on consecutive calendar days, or

(b) Temporary emergency duty as a National Guardsman will be reimbursed for each day of such absence on which he/she possesses one or more years of seniority in such bargaining unit and would otherwise have been scheduled to work (excluding, however, Saturdays and

Sundays or in a case of seven day operations, the sixth and seventh days of his/her scheduled work week) up to a maximum of thirty days during any one calendar year.

If he/she is absent for his/her entire shift because of such duty, he/she will be paid the difference between his/her gross military pay (including longevity pay and extra risk bonuses, but excluding quarters, subsistence, travel, or similar allowances) and his/her daily straight-time pay for his/her regular shift. If he/she performs such duty and works on the same day, he/she will be paid the difference, if any between his/her actual earnings for that day, plus the military pay received and his/her daily straight-time pay.

Reimbursement to an employee under this section shall be payable only if the employee gives the Company prior notice of his/her call to such duty, and submits to his/her supervisor a

“Military Pay Statement” fully completed by the employee and his Commanding officer (or other commissioned officer authorized to approve military pay vouchers) and when released or excused from such duty returns to work promptly.

K. Employees will be granted up to one (1) Energy Day off if the military base is closed and the Employer is not required to work that day. The only employees compensated for this day are those that are scheduled to work.

Article 12.

WORKING CONDITIONS

Section 1.

A. The normal work schedule shall consist of five consecutive workdays, Monday through Friday, followed by two days of rest (Saturday and Sunday), except for those employees who are or could be scheduled to work on Saturday and/or Sunday, whose normal work schedule shall consist of five consecutive work days, followed by two days of rest, which shall be treated as their Saturday and Sunday, in that order.

It is possible that during twice yearly shift change an employee may have to work more than five days straight to accommodate shift changes, but no more than seven days.

The normal workweek for all fulltime employees shall consist of forty (40) hours, Sunday through Saturday. Eight (8) consecutive hours of service exclusive of meal periods will constitute a regular workday for day shift employees.

By mutual agreement between the employee and the Company, the Company may schedule 10 hour workdays, 4 days a week, to equal a 40 hour workweek. The Company will designate the shifts and number of schedules needed. Schedules shall be offered on a seniority basis, with an option to revert back to eight hour schedules being offered once every six months.

Overtime is defined as all work performed in excess of eight (8) hours in any workday or work performed in excess of forty (40) hours in any workweek. All overtime shall be compensated at the rate of time and one-half (1-1/2) the employee’s regular hourly rate. The definition of a full-time employee shall be one who is scheduled thirty-seven and one-half (37-

1/2) hours or more per week. Holiday and previously scheduled vacation will count toward overtime.

B. If the overtime work is required, said overtime shall be offered to the most senior person on duty in that classification. If overtime is required, in excess of forty (40) hours per week, the Employer agrees to offer said overtime to the most senior person in that classification within that department. If an employee is working on a piece of equipment and overtime is required to complete the job, the employee working on the piece of equipment shall be allowed to work the overtime, regardless of seniority, to complete the job. The hours worked by that employee shall be added to his total overtime hours and counted toward hours kept to ensure even distribution among all employees in that respective classification.

C. All overtime shall be rotated so that whenever an employee accepts any overtime, then the company shall offer the next instance of overtime to the next most senior person in that classification and in the department, until the entire list has been expended. Then this process shall be repeated. If all employees refuse offered overtime on any one or more given days, overtime shall be assigned in inverse order ( to the least senior person and up) to the persons qualified to perform the job. This list will also be rotated. An employee refusing overtime three

(3) times in any twelve (12) month period shall be deleted from all overtime eligibility lists for a period of one (1) year beginning from the date of the third refusal.

D. At no time shall the Employer be left without a sufficient number of employees to do the work as determined by the Employer.

A. All time worked shall be consecutive, except the time allowed for lunch. Due to the complexity of the job, lunch periods will be determined by the supervisor. The department supervisor also has the option of working straight shifts.

B. All employees shall be scheduled to take staggered lunch periods so that there will be continuous coverage of the Government Contract.

Section 3. Employees working the full day shall be entitled to two (2) fifteen (15) minute rest periods. These rest periods shall be taken as near to between starting time and lunchtime and between lunchtime and quitting time. Employees, who work a short day four (4 hours) or less, shall be entitled to one (1) fifteen (15 minute rest period. Breaks may be staggered where operations cannot be stopped.

Section 4. The employer agrees to offer shift preference to more senior employees twice annually in October and April when all requirements are equal. For the purposes of the above total seniority shall prevail.

Section 5. If an employee reports for work as scheduled, he/she shall receive a minimum of two (2) hours of pay at his/her base rate. An employee who leaves work of his/her own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during the day.

An employee who leaves work because of incapacity due to industrial injury will be paid for the remaining hours of his/her shift at his/her base rate. Only hours actually worked will be counted when computing overtime pay. Any employee, who is instructed to report to work on a call in basis, shall be guaranteed at least two (2) hours work. Employees who are unable to work because of prescribed medications shall call and report their absence in lieu of reporting to work.

Section 6. All required uniforms will be furnished and laundered by the Employer.

Failure to wear proper and sufficient uniforms will be handled in accordance with established

Company Rules, Regulations and/or Policies. Company agrees to pay for 1 size change per year.

The Company agrees to keep insulated coveralls until April 15 th each year. If any employee requires a change in clothing size (up or down) within a 12 month period (based on his/her anniversary date), it shall be at the employee’s expense. Anytime an employee is wearing company furnished uniforms, it must be worn in accordance with company work rules. Shirts must be neat and tucked in. If a hat is worn it must be a “Shiloh Services, Inc.” or “Transient

Alert” hat. The Company agrees to reimburse each employee a shoe allowance of up to $120 per year and a prescription safety glasses allowance of up to $150 per year. The Company agrees to supply up to two (2) pairs of regular safety glasses per employee per year.

Section 7. There will be a place designated in each department for the posting of Union

Notices and /or Bulletins.

Section 8. The Employer agrees to furnish the necessary tools required by each employee for the performance of his/her job. The Employee shall be responsible for any lost tools or broken or damaged tools as the result of negligence or misuse. The Company and Union panel shall determine whether tools have been misused or neglected. The Company and Union designee/s shall conduct a joint inventory of each employee’s tools at the beginning of the

Contract and every six months thereafter. Management may conduct inventories of any employee’s tools at any other times at its discretion.

Section 9. Personnel Matters

A. Failure to obtain a security clearance will be grounds for termination.

B. Personnel records are considered privileged information. Therefore, only the specific employee and the Employer’s representative will have access to them. In the case of a dispute, a business agent will be given access.

C. Failure to renew and show proof of any basic condition of employment such as a

Georgia driver’s license will be considered refusal to accept a condition of employment and will be grounds for termination. All employees are subject to government driving regulations while on Robins Air Force Base.

D. Falsifying applications, employment forms, equipment forms, work orders and work requirements will be considered intent to defraud and will be grounds for termination.

E. The Employer requires an eight (8) hour notice for any schedule absenteeism except in case of illness or emergency. All employees shall give the company two (2) hours notice of an unscheduled absence before their scheduled shift is to begin, with the exception of proven emergencies. The Employer requires a two (2) weeks notice on vacation request of forty hours or more.

F. Tardiness. The employee will be docked for time lost; however, extenuating circumstances will be considered. Continued tardiness and absenteeism will result in counseling and, if continued, could result in termination.

G. All personnel matters will go through the shop supervisor. If the supervisor cannot handle the situation, then the employee will be referred to the Project Manager’s office.

H. Insubordination is defined as refusing a supervisor’s lawful order, refusing a task in the employee’s skill level or classification or contract requirements, and/or flagrant disregard for

Company Policy and/or Government regulations and will be grounds for termination.

I. All employees who are injured on the job shall be immediately be sent to a Company doctor and will not be accepted back to work unless and until he/she presents a medical clearance to be fully able to perform his/her assigned job classification. The company reserves the right to assign light duty and employee must adhere to this duty based on medical consent.

J. Part-time employees will be required to work any of the three (3) work shifts for which called unless otherwise agreed to by the Employer. If a part-time employee is called and refuses to work or is not home, the next person on the call-in list will be called.