Vehicle_Maintenance_Collective_Bargaining_Agreement.pdf

AGREEMENT BETWEEN

TRAILBOSS ENTERPRISES INC.

AT

WRIGHT- PATTERSON AFB, OH

VEHICLE MAINTENANCE EMPLOYEES

AND

MOTION PICTURE AND

VIDEO TAPE LABORATORY TECHNICIANS,

ALLIED CRAFTS AND GOVERNMENT

EMPLOYEES

LOCAL 780, I.A.T.S.E.

JUNE 16, 2017 TO JULY 31, 2020

Table of Contents

ARTICLE I - RECOGNITION

Section 1.1 Representation

Section 1.2 No Discrimination

Section 1.3 Performance

Section 1.4 Labor Management Committee

Section 1.5 Gender

ARTICLE II - RECOGNITION OF RIGHTS

Section 2.1 Union Rights

Section 2.2 Company Management Rights

ARTICLE III - NO-STRIKE - NO-LOCKOUT

Section 3.1 No-Lock-out

Section 3.2 No-Strike

ARTICLE IV - UNION SECURITY

Section 4.1 Union Representation

Section 4.2 Dues Paying

Section 4.3 Membership

Section 4.4 Payment

Section 4.5 Notification

Section 4.6 Check-off/Union Dues Deduction

Section 4.7 Indemnify Clause

ARTICLE V - GENERAL ECONOMIC PROVISIONS

Section 5.1 Salary Rates

Section 5.2 Utilization in Higher and Lower Classifications

Section 5.3 New/Revised Classifications

Section 5.4 Overtime and Overtime Rates

Section 5.5 Shift Premium

Section 5.6 Show-up/Call-in

Section 5.7 Holiday Work

Section 5.8 Distribution of Overtime

Section 5.9 Change of Shifts

Section 5.10 Meal Periods

Section 5.11 Definitions

Section 5.12 Endorsements 13

ARTICLE VI - PAID ABSENCE RULES

Section 6.1 Definitions

Section 6.2 Vacation

Section 6.3 Holidays

Section 6.4 Bereavement Leave

Section 6.5 Sick and Personal Time

Section 6.6 Jury Duty

Section 6.7 School Attendance

Section 6.8 Base Closures/Down Days

ARTICLE VII - UNPAID ABSENCE RULES

Section 7.1 General

Section 7.2 Approval

Section 7.3 Maintenance Schools

Section 7.4 Military Absence

Section 7.5 Maternity

Section 7.6 Special Cases

Section 7.7 Leave of Absence for Union Activity

Section 7.8 FMLA

ARTICLE VIII - DISCIPLINARY ACTIONS

Section 8.1 Time to Impose Discipline

Section 8.2 Corrective Action

Section 8.3 Disciplinary Action

Section 8.4 Documentation

ARTICLE IX - CONTINUOUS SERVICE CREDIT

Section 9.1 Acquisition of Continuous Service

Section 9.2 Continuity of Service

ARTICLE X - SENIORITY

Section 10.1 Acquisition of Seniority

Section 10.2 Classification Seniority

Section 10.3 Loss of Seniority

Section 10.4 Employees Transferred Out of Bargaining Unit

ARTICLE XI - LAYOFF

Section 11.1 Order of Layoff

Section 11.2 Notice of Layoff

Section 11.3 Recall

Section 11.4 Time Limits

ARTICLE XII - SEVERANCE PAY

Section 12.1 Qualifications

Section 12.2 Entitlement

Section 12.3 Disbursement

ARTICLE XIII - SECURITY

Section 13.1 Defense Security

Section 13.2 Security Risk

Section 13.3 Reinstatement

Section 13.4 Security Compliance

Section 13.5 Reassignment

ARTICLE XIV - GRIEVANCE PROCEDURE

Section 14.1 Definition

Section 14.2 Grievance Procedure

Section 14.3 Arbitration

Section 14.4 Exception

Section 14.5 Time for Grievances

ARTICLE XV - VACANCIES

Section 15.1 Filling Vacancies

Section 15.2 Union Referrals

ARTICLE XVI - BULLETIN BOARDS

Section 16.1 Bulletin Boards

ARTICLE XVII - GENERAL

Section 17.1 Waiver

Section 17.2 Severability

Section 17.3 Personal Protective Equipment (PPE)

Section 17.4 Notice of Base Closure

ARTICLE XVIII – RETIREMENT, HEALTH & WELFARE, 401K PLAN BENEFITS

Section 18.1 Type Benefits

Section 18.2 Medical Benefits

Section 18.3 Pension Fund

Section 18.4 401(k) Plan

ARTICLE XIX - TERM

Section 19.0 Schedule “A”

ARTICLE I - RECOGNITION

Section 1.1 Representation

Trailboss Enterprises, Inc. (TEI) (herein after referred to as the Company), recognizes Local 780, Motion Picture and Video Tape Laboratory Technicians, Allied Crafts and Government Employees, (herein after referred to as the Union) as the sole and exclusive bargaining agent and representative of all Full-time and Part-time employees performing work reflected in the current occupational classifications set forth in Schedule “A” in the execution of work within the Maintenance Contract at Wright Patterson Air Force Base, Ohio. This excludes all exempt employees and confidential secretaries.

Section 1.2 No Discrimination

The Union and Company agree that no individual will be discriminated against due to sex, race, color, national origin, age, sexual orientation or handicap, veteran status or because of Union activity.

Section 1.3 Performance

The work of the occupational classifications listed in Schedule “A” shall be performed by employees in the Bargaining unit. The Union recognizes the Company’s obligations to perform the contracted work and will encourage availability.

Section 1.4 Labor Management Committee

A Labor Management Committee consisting of equal number of Company and Union representatives shall meet no less than quarterly to discuss issues brought before it. This Committee will also serve as the Safety Committee. Either the Union or the Company may call such a meeting. Such meeting should take place within 7 calendar days of being called, if operations permit and unless there is an emergency situation.

Section 1.5 Gender

When the gender term “he” or “she” or equivalent is used within this Agreement, it is for explanatory purposes only and does not refer to the actual sex of any person.

ARTICLE II - RECOGNITION OF RIGHTS

Section 2.1 Union Rights

Section 2.1.1

The Union is recognized as the exclusive bargaining representative, for the purpose of bargaining collectively, as required by Section 8(d) of the Labor Management Relations Act of 1947, as amended (“the Act”), with respect to wages, hours and other conditions of employment for the Company’s employees regularly assigned to positions in the collective bargaining unit.

Section 2.1.2 Business Representative

The Business Representative of the Union shall have access to the shops and offices of the Company for the purposes of adjusting disputes, investigating working conditions, coordinating with shop stewards and ascertaining that the agreement is being adhered to, provided there is no security issue and there is no interruption of the Company’s business and further providing that a member of management is notified of the impending visit.

Section 2.1.3 Stewards

The Union may designate two (2) shop stewards.

(A) Stewards shall have super seniority during the period of designation for the purposes of lay-off and recall only, provided there is work and the steward is qualified to perform the work.

(B) The authority of the Stewards designated by the Union shall be to conduct investigation and presentation of grievances in accordance with the provisions of this agreement and the transmission of such messages and information from the Union or its officers.

(C) A steward shall be on the job at all times during working hours as far as practical.

Whenever possible the stewards shall inform their individual supervisors prior to departing their work areas to perform Union related business.

(D) Notwithstanding the duties specified above, the stewards shall have the same responsibilities as any other employee. The duties specified above shall not relieve the stewards of their duties, and obligations as an employee of the Company, and he/she shall continue to be subject to all rules, regulations and procedures applicable to other employees.

(E) Stewards shall be allowed time to meet new employees for an orientation period regarding the Union for a period not to exceed thirty (30) minutes.

Section 2.2 Company Management Rights

Except as expressly modified or restricted by a specific provision of this agreement, all statutory and inherent management rights, prerogatives and functions customarily and traditionally exercised by the Company to operate its business and direct its employees are hereby expressly reserved and vested exclusively by and to the Company. These rights include, but are not limited to the right to require physical examinations and substance abuse screening of employees per Government guidelines, to establish revise or continue reasonable policies, practices, or procedures for the conduct of business, and from time to time, to change or abolish such policies, practices or procedures.

Management’s rights include without limitation the following: to direct, control, and schedule its operations and work force; to make all decisions affecting the business; to hire, terminate, promote, lay off, assign, classify, evaluate, transfer, suspend, discharge and discipline employees for cause; to select the number assigned to any particular work;

to determine the starting and quitting times, and the number of hours per day and shifts to be worked; to establish, modify and enforce reasonable rules and regulations that are not in direct conflict with the express provisions of this agreement; to select supervisory, managerial and other employees excluded from the bargaining unit; to introduce new, improved or different methods of operations, regardless of whether or not such may cause reductions in the working force; to establish, change or combine job classifications and determine job qualifications. This article is not intended to be an exclusive enumeration of the Company’s prerogatives. The Company agrees that any establishment and/or enforcement of such reasonable rules and regulations may only be implemented after a 7 calendar day written notice to the Union, except in the case of an emergency.

ARTICLE III - NO-STRIKE - NO-LOCKOUT

Section 3.1 No-Lock-out

During the term of this agreement or any extension of this agreement, the Company shall not lockout the employees covered by this agreement.

Section 3.2 No-Strike

During the term of this agreement or any extension of this agreement, the employees covered by this agreement shall not strike for any reason. No strike shall be, in any way directly or indirectly caused, sanctioned, engaged in, instigated, lead, authorized, assisted, encouraged, ratified or condoned by the Union or of its members, its officers, agents, representatives, stewards or committeemen; nor shall they call, ratify, or engage in any strike, picketing, sympathy strike in protest of Union conduct or any other third party conduct or participate in area standards picketing of hand billing on or adjacent to the premises of the Company.

(A) There shall be no slowdown or any other interference with production or stoppage of work, nor shall they publicize that the Company is unfair or that there is a dispute between the Company and any other labor organization; or prevent or attempt to prevent the access of persons to the Company’s premises, equipment or products for any reason whatsoever.

(B) In the event of a breach of this no strike commitment, the Union shall immediately instruct the involved employees that their conduct is a violation of the contract, and that they may be disciplined up to and including discharge by the Company and that such discipline shall not be reviewable through the grievance procedure.

(C) The Union and Company agree that injunctive relief may be granted by a court of competent jurisdiction for a violation of this article.

(D) The Company agrees that it will not file or process any action for damages against the Union its Officers or Representatives, provided these individuals have performed their obligations and responsibilities as set forth in this section.

ARTICLE IV - UNION SECURITY

Section 4.1 Union Representation

All employees identified in the collective bargaining unit will be informed that the Union is the sole and exclusive collective bargaining agency for the bargaining unit and, accordingly they will be represented by the Union. They will be given a copy of the Collective Bargaining Agreement (CBA) and referred to the Union representative for information as to membership and check-off of Union dues.

Section 4.2 Dues Paying

All employees covered by this agreement shall be required to, as a condition of employment from and after 16 June 2017 or within thirty (30) days of hire, whichever is later, be dues paying members in good standing. The Union agrees to accept into membership all employees in the bargaining unit on such terms and conditions as are generally applicable to other members.

Section 4.3 Membership

Membership in the Union is not compulsory. Employees have the right to join, not join, maintain or drop their membership in the Union, as they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matter. The Union is required to represent all employees in the bargaining unit fairly and equally without regard as to whether or not the employee is a member. Accordingly, it is fair that each member assume a fair share of the obligation along with the grant of equal benefits contained in this agreement.

Section 4.4 Payment

Employees who fail to pay dues and assessments as defined by federal law shall be dismissed. The Company agrees to assist the Union in clarifying any misunderstanding the employee may have. Upon written demand from the Union, the Company agrees to terminate any employee who fails to pay their dues. This termination shall be no later than seven (7) days after the employee is apprised of his imminent termination.

Remedial action on the employees’ part shall result in the termination being stopped.

Section 4.5 Notification

The Company shall notify the Union of the employment of any person hired within the classifications covered by this agreement. Such notification shall include employee’s name, residence address, date of employment, and classification. That notice shall be provided no later than seven (7) days after hire.

Section 4.6 Check-off/Union Dues Deduction

Upon receipt of a voluntary written authorization, the Company agrees to deduct and forward monthly the Union initiation fee and the Union membership dues from each employee within the collective bargaining unit. The amount to be deducted shall be the amount specified/certified to the Company by the Union.

The transmittal document accompanying the dues to the Union shall reflect the names of each employee and the amount deducted and forwarded.

Section 4.7

Nothing contained in this article, shall be construed so as to require the Company to violate any applicable law. The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, or other forms of liability that may arise by reason of any action taken by the Company pursuant to this article.

ARTICLE V - GENERAL ECONOMIC PROVISIONS

Section 5.1 Wage Rates

The hourly rates of compensation for each classification are depicted in Schedule “A” attached hereto.

Section 5.2 Utilization in Higher and Lower Classifications

Employees may be assigned duties in classifications other than the one in which they were hired. When a person is utilized in a classification that has a higher rate of compensation, as reflected in Schedule “A” attached, that person will receive the higher rate. When a person is utilized in a classification that has a lower rate of compensation, their rate of compensation will not be reduced below their permanent rate. Out of classification utilization shall be based upon individual qualifications, demonstrated capability and needs of the Company. However, if a person is trained he/she shall not automatically receive the pay rate of the “trained classification” unless the employee is actually performing the work or if that work is his or her regular job classification and the employee has been assigned to perform work of a lower classification.

Section 5.3 New/Revised Classifications

In the event the Company desires to establish new or revise occupational classifications within the Bargaining Unit, the salary rates shall be subject to negotiations between the Company and the Union. The Company may temporarily establish a rate and commence operations. Failure to agree upon the new rate shall be subject to Arbitration. Any final resolution of the rate shall be retroactive to the initial date of utilization in the new or revised classification.

Section 5.4 Overtime and Overtime Rates

(A) An overtime rate of time and one-half (1 and ½) shall be paid for all hours worked in excess of forty (40) hours worked in a week.

(B) The full-time employee overtime rate for all hours worked on the first scheduled day off shall be paid at time and one-half (1 and ½) the regular rate and double time (2 x) the regular rate for all hours worked on the second day off.

(C) When full time employees are required to work before or after their scheduled shift, employees may opt to receive overtime for those hours worked or commensurate time off equal to the hours worked at the overtime rate. All overtime pay or commensurate time off must be realized within the same workweek the additional hours occurred.

(D) There shall be no pyramiding of overtime.

Section 5.5 Shift Premium

A shift differential of 10% of the employee’s straight time base rate shall be paid for all time worked on any shift that clocks in at or after 1:00 P.M. and/or before 6:00 A.M., regardless of hours worked before. An employee shall not receive the night shift differential for hours worked before or after his regular shift if an overtime rate is received, solely because such hours are before or after his regular shift.

Section 5.6 Show-up/Call-in

All employees called into work outside of their scheduled shift shall be guaranteed a minimum of four (4) hours work or pay in lieu of work at the pay rate for the classification for which they were called in to work.

Section 5.7 Holiday Work

Employees who are required to work on any one of the Holidays shall be paid at double time for all hours worked plus holiday pay.

Section 5.8 Distribution of Overtime

Consistent with efficient operations, overtime shall be distributed equitably among employees in each classification.

Section 5.9 Change of Shifts

The Company shall give five (5) days’ notice to the affected employee when it becomes necessary to change a regularly scheduled shift. The five (5) calendar day notice will be waived in cases of contingency or emergency operations, and where mutually agreeable between the employee and the Company.

Section 5.10 Meal Periods

Employees working on a single shift shall be entitled to a meal period of not less than one half (1/2) hour or not more than one (1) hour during which they will be relieved of their duties. The time of day that meal periods are to be taken and the scheduling for said meal periods will be determined by the Company. However, except for emergencies that may arise, no employee meal period will be scheduled earlier than three (3) hours or not later than five (5) hours after the start of his/her shift starting time. Employees who are unable to take a meal period will not be sent home without working their scheduled time plus the meal period.

Section 5.11 Definitions

(A) Payroll Week: The payroll week shall begin at 12:01 A.M. Monday and end at

12:00 P.M. midnight the following Sunday (Monday to Sunday inclusive).

(B) Normal Hours of Operation: Normal hours of operation shall be 0700 – 1600, Monday through Friday, excluding holidays.

(C) Scheduled Days Off: Each full-time employee shall have two consecutive days off in each regular workweek. A scheduled day off shall be a calendar day that no regular shift is scheduled to start.

(D) Regular Work Day: The regular workday will consist of twenty-four (24) consecutive hours, from 12:00 midnight to 12:00 midnight (the calendar day).

(E) Night Shift: The term night shift shall mean any shift starting at or after 1:00 P.M.

and before 6:00 A.M. Any employee who starts a shift that is within this time frame is entitled shift premium.

(F) Normal Work Week: The normal work week for all full-time employees shall consist of five (5) consecutive days, not exceeding eight (8) hours in any one regular workday.

(G) Part-Time Employee: A part-time employee is defined as an employee who is not guaranteed any specific number of hours in a work week and is not subject to a normal workweek. Their utilization is based upon work load requirement’s which includes weekend work on a consistent basis; however, no shift will be for less than 4 hours. Employees in this category will be normally scheduled with one day off, with every effort being made to schedule two days off.

(H) Probationary Period: All employees shall be on probationary period for their first sixty (60) days. However, there shall be no probationary period for those employees who are employed by the predecessor Company on the date prior to the Company’s assumption of the Federal Government Contract underlying this Agreement. Probation means that the employee may not utilize this Agreement’s grievance procedure for purposes of challenging discipline.

(I) Continuous service credit: Synonymous with contract seniority date.

Section 5.12 Endorsements

The Company will pay one (1) hour of straight-time at the Employee’s regular hourly rate for the Employee’s time spent renewing his/her DOT license, if required by the Employer.

If the Company requires a specific, ongoing certification that is listed in the Performance Work Statement, the Company will pay one (1) hour of straight-time at the employees’ regular hourly rate for the employees’ time spent renewing his/her certification.

ARTICLE VI - PAID ABSENCE RULES

Section 6.1 Definitions

(A) Authorized Absence: An absence authorized within the CBA.

(B) Unauthorized Absence: Absence from scheduled operations without management’s knowledge and subsequent review indicates no CBA authorized leave was applicable.

(C) Absence in a pay status: When an employee is absent in a pay status the rate of pay will be the rate for their base classification. In no case will more than eight (8) hours of pay be granted for a day of absence

Section 6.2 Vacation

(A) The Union and Company agree that vacations are essential to good employee morale and contribute to more productive work. Therefore, each employee on the active payroll shall be entitled to an allocation of vacation hours upon reaching her/his Contract Seniority Date.

(B) Vacation entitlement: Each employee on the active payroll will have their vacation accrual vested upon reaching the Contract Seniority Date of the last date of hire on the vehicle operations and maintenance contract. Employees will earn vacation time off with pay at their hourly rate on all compensated hours up to 40 hrs per week or 2080 hours annually at the rate specified below.

VACATION CHART

(Employees Hired Before 4/1/2015)

YEARS HOURS ACCRUAL RATE

1-3 40 0.01923 3-6 80 0.03846 6-7 88 0.04230 7-8 96 0.04615 8-9 120 0.05769 9-10 128 0.06153 10-15 136 0.06538 15-20 200 0.09615

VACATION CHART

(Employees Hired After 4/1/2015)

YEARS HOURS ACCRUAL RATE

1-3 40 0.01923 3-6 80 0.03846 6-7 88 0.04230 7-8 96 0.04615 8-9 120 0.05769 9-10 128 0.06153 10-15 136 0.06538 15+ 160 0.07692

(C) Vested vacation may be taken in one hour increments. Vacation days must be submitted in sufficient time to allow approval at least seven (7) working days in advance. Vacation requests may be submitted one working day in advance for unknown or unanticipated events.

(D) Vacation requests must be approved within thirty (30) days of submission to the

Company. Scheduling of vacation time off will, in all cases, be subject to the needs of the business as determined by the Company, subject to such determination, the Company will make a reasonable effort to grant the employee request. Where a conflict exists, the request of the employee with the greater seniority shall be given preference subject to the following:

(1) For the sole purpose of scheduling annual vacations each employee should submit his projections for the year during the month of January. These projections will be accommodated utilizing seniority to break ties if necessary.

The Company will provide the employees a schedule of vacations based upon this request.

(2) Vacation requests at other times will be subjugated to the preceding vacation forecast. Personnel who have an approved request will not be displaced due to these later requests.

(E) An employee who has met the perquisites of this section and who leaves the

Company’s employment for any reason, or who is laid off indefinitely, shall receive pay in lieu of any vested vacation she/he accumulated at her/his last Contract Seniority Date.

(F) Employees may carry up to forty (40) hours of unused vacation into their next anniversary year. Any unused vacation in excess of forty (40) hours at carryover will be lost.

(G) An employee may obtain an advance payment of two (2) weeks’ vacation on the last work day prior to the vacation if the employee submits a written request to the Company at least thirty days prior to the start of said vacation. The employee having been paid in advance must take the time off thereafter unpaid. Timecards will be annotated “prepaid vacation” during the off time.

(H) An employee may donate vacation or sick time to any other employee who is on an approved absence. The time donated will be in no less than eight (8) hour increments. Both employees must complete and sign the approved donation form located in the administration office.

Section 6.3 Holidays

The Company recognizes the following Holidays:

New Year’s Day President’s Day Martin Luther King’s Birthday Columbus Day Memorial Day Veteran’s Day Independence Day Thanksgiving Day Labor Day Christmas Day

(A) Holidays will not be treated as a vacation day.

(B) Any holiday which falls on a Saturday or Sunday, shall be celebrated on the day designated by Wright Patterson AFB for the observance of such holiday.

(C) To be eligible for holiday pay the employee must work her/his scheduled work shift immediately before or immediately after the celebrated holiday, except in cases where absence is due to personal illness, death in the immediate family, or other reason acceptable to the Company. Proof of reason may be required.

(D) Employees will earn holiday pay at the accrual rate of 0.03847 based upon all compensated hours in the preceding year, (not to exceed 2080 hours or 80 hours of holiday benefit). In the case of an employee not working the previous year, the employee shall receive holiday pay using the accrual rate of 0.03847 based on the hours compensated from the beginning of the year through the day prior to the holiday.

Section 6.4 Bereavement Leave

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 Ohio, 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 Ohio where out-of-state travel is necessitated, a maximum of five (5) successive paid days off from the employee’s regular work schedule shall be authorized.

Immediate family shall be defined as: Spouse, mother, father, sisters, brothers, all legal children, grandchildren, and grandparents. Also included are natural, adopted, stepchildren (claimed as dependents for tax purposes) and guardianships. 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.

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.

Section 6.5 Sick and Personal Time

(A) Each employee may, with approval of her/his supervisor be absent from work forty-eight (48) hours due to sickness or attending to personal business in any calendar year (01 Aug – 31 July inclusive). These hours will only be used when the absence is within the scheduled workday. Absence shall be charged in increments of one (1) hour.

(B) Permission for personal business must be obtained in advance and will be granted only when such business is of a compelling nature requiring the employee’s presence (such as closing on a house) and cannot be accomplished outside normal working hours.

(C) A medical certificate will be required after three (3) consecutive days. The

Company may require a certificate prior to three (3) consecutive days if the employee is a Monday/Friday abuser.

(D) An employee will accumulate unused sick leave not to exceed one hundred and twenty (120) hours but will not be paid for that accumulation upon departure from the Company for any reason.

(E) Employees will accrue sick leave at the rate of 0.02307 on all compensated hours not to exceed 2080 hours. Sick leave hours are vested at the time they are accrued. Probationary employees will accrue, but will not be able to utilize sick leave until they complete the probationary period.

Section 6.6 Jury Duty

When a Full-time employee (who has completed his probationary period) is summoned for jury duty and is required to serve on a regular work day during working hours which she/he would otherwise be scheduled to work, she/he shall be paid the difference between his/her straight time rate of pay for those hours not exceeding eight (8) hours per day and the payment for jury service. There shall be a limit of 40 hours of pay for any single jury duty service. An employee who reports for such service and is excused there from shall immediately report to work. An employee will not be required to report to work on a scheduled shift on the day they report to Jury Duty. Second and Third shift employees will not be required to report to work the day they report to Jury duty.

Section 6.7 School Attendance

From time to time the Company may require selected employees to attend specific schools to become proficient in maintaining new equipment. Selected employees will pursue successful completion. The Company shall defray reasonable expenses employees with such attendance. Reasonable expenses shall be determined by authorized cost as defined by the current Joint Travel Regulations (JTR), in addition to straight time pay.

ARTICLE VII - UNPAID ABSENCE RULES

Section 7.1 General

Application for unpaid absence: All unpaid leave of absence shall be requested by the employee in writing using a Leave form annotated “LWOP”.

Section 7.2 Approval

All leave of absence in this article except where provided elsewhere herein provided, shall be granted at the discretion of the Company, dependent upon work requirements or scheduled commitments. The Company may require documentation to support the request. Misrepresentation of the facts on which a leave is granted constitutes grounds for dismissal.

Section 7.3 Maintenance Schools

An employee with twelve (12) or more months of continuous service credits and is classified in one of the classifications depicted in Schedule A attached shall upon request be granted a leave of absence to attend a maintenance school. Completion of such school shall result in his/her being more qualified to perform the functions of Vehicle Maintenance. The Company reserves the right to limit the number of employees attending school at one time. Continuous service credit and seniority shall continue.

Section 7.4 Military Absence

Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Selective Service Act of 1948, as amended, shall be granted all rights and privileges provided by the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) and any other applicable State or Federal Law that might apply. Continuous service credit and Seniority will continue for a period of six (6) months for non-war service and bylaw otherwise.

Section 7.5 Maternity

Maternity leave shall stop and start based upon an employee’s physician. The employee must provide the medical document stating the stop and start dates. Continuous service and seniority continues if the employee reports for work within three (3) days of the physician’s designated date.

Section 7.6 Special Cases

Where the Company finds that rare and unusual facts require or justify it, leaves of absence without pay may be granted. The Company agrees to notify the Union of any such decisions. Such leaves may terminate seniority and continuous service credit.

Section 7.7 Leave of Absence for Union Activity

Any employee who is elected or appointed to an established position in the Union and who has 12 months of continuous service credit, shall be granted a leave of absence for a period of not more than two (2) years. Continuous service credit/seniority shall continue.

Upon application within ten (10) days of end of leave the Employee shall be reinstated in his former job if available, if not available; Union bumping rights, by seniority, shall apply.

The number of such employees shall not exceed one (1) at any time.

Section 7.8 FMLA

The Company recognizes and will comply with the Family Medical Leave Act (“FMLA”) as amended although not currently meeting quantity of employee requirements. Vacation and sick leave must be exhausted before FMLA leave can be taken. Continuous service credit and seniority will continue, providing after 6 months, the leave of absence will be submitted every thirty (30) days up to nine (9) months total.

ARTICLE VIII - DISCIPLINARY ACTIONS

The Union and Company agree that the Company may, except where abridged within this agreement, take action to correct employee conduct or behavior that is not conducive to correct and efficient accomplishment of the Company responsibility. That action shall be designed to correct the unacceptable action and not designed to eliminate personnel.

These actions will include verbal, written warnings and discharge when no corrective behavior is forthcoming.

Section 8.1 Time to Impose Discipline

All disciplinary action to be imposed upon an employee or employees must be taken within ten (10) calendar days of the alleged offense or ten (10) days from the date when the Company became aware of the alleged offense.

Section 8.2 Corrective Action

These actions will be designed to correct actions with the minimum impact on employees and management. This action includes at least one “documented” verbal warning and at least 1 written warning prior to disciplinary action. This requirement is not applicable where the conduct is of such a nature as to indicate premeditation and willfulness without regard to the Company, its customer, property or employee well-being. Employee will be notified of intent to impose corrective action as soon reasonably possible.

Section 8.3 Disciplinary Action

These actions are punitive in nature and result in the employee being suspended, or terminated. The Company and Union agree that all disciplinary action will be subject to review for just cause. The Union agrees that the Government has the right to demand immediate removal of employees for reasons of conduct. An employee terminated due to government direction shall not have to recourse within this Agreement. All other terminations shall be subject to the CBA provisions.

Section 8.4 Documentation

The Company will expunge disciplinary actions from an employee’s personal Information file if no reoccurrence has happened within the twelve (12) months following the subject incident. The employee’s record may be cleared earlier where, in the judgment of the Company, her/his service record warrants such action.

ARTICLE IX - CONTINUOUS SERVICE CREDIT

Section 9.1 Acquisition of Continuous Service

Each employee shall have a continuous service credit dating from his last date of hire with unbroken service at the Vehicle Operations and Maintenance activity at Wright Patterson AFB.

Section 9.2 Continuity of Service

The continuous service shall be broken under the following circumstances:

(A) Resignation or other voluntary termination of employment.

(B) Just cause termination.

(C) Unauthorized absence of two consecutive days unless inability is demonstrated.

(D) Unauthorized absence of two (2) days or more following an authorized absence.

(E) Layoff without recall to work within two (2) years from date of layoff.

ARTICLE X - SENIORITY

Section 10.1 Acquisition of Seniority

New Employees are hired with a probationary period. Upon completion of that period he/she shall have seniority equal to his/her continuous service credit. A probationary Employee may not grieve any disciplinary action during the probationary period.

Section 10.2 Classification Seniority

Employees shall accumulate seniority by Occupational Classification during their period of continuous service. When two or more employees have the same date of hire the alphabetical order shall be used for decision making. Last names ending in “A” shall have more seniority than “B”. Last Names ending in “B” shall have more seniority then “C” etc.

Section 10.3 Loss of Seniority

The employee shall lose their seniority when their continuous service is broken in Article

IX.

Section 10.4 Employees’ Transferred Out of Bargaining Unit.

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 year only from the date of such transfer or promotion.

In addition, an employee that transfers from one bargaining unit to the other, i.e., maintenance to operations, shall retain their Contract Seniority Date as recognized for the purpose of Service Contract Act benefits and vacation accrual.

ARTICLE XI - LAYOFF

Section 11.1 Order of Layoff

In the event the Company determines that a layoff is necessary, that layoff shall be by Classification and be affected in the reverse order of Contract Seniority Date. The probationary employees shall be laid off prior to any permanent Employees in that classification. An employee subject to layoff under the foregoing may exercise bumping rights in those classifications identified in Schedule “A”. An employee subject to layoff may exercise his bumping rights in the following order:

(A) Displace the employee with the least seniority in any lower rated occupational classification in his schedule provided he/she has the skills and ability to perform the work and has greater seniority than the incumbent.

(B) Displace the employee with the least bargaining unit seniority in an equivalent or lower occupational classification in his/her schedule provided he/she has greater bargaining unit seniority and has the skill and ability to perform the work.

Section 11.2 Notice of Layoff

In all cases the Company will attempt to give seven (7) calendar days’ notice of layoff to the Employee and Union. Unless a Government mandated reduction or closure is being implemented, the Company will give seven (7) calendar days’ notice of layoff, or pay in lieu of (not to exceed forty (40) hours at the straight time). The Employee has two (2) days to notify the Company of intention to exercise bumping rights. Subsequent bumping rights must be exercised within one (1) day of the employee being bumped. However, if the Company is not given sufficient time to accommodate these time requirements, the Company will make its best efforts to ensure bumping rights are protected. The Company will post all layoff notices with the current seniority list and shall provide a copy of both documents to the Union Business Manager upon each occurrence. The Company shall update the seniority list as changes occur.

Section 11.3 Recall

For the purposes of reinstatement all laid-off employees shall be recalled in the following order:

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

(B) Laid-off employees outside the classification if they have the ability, skill and certifications to perform the work. This recall shall be in inverse order of layoff.

(C) No new employees will be hired until such time as all laid-off employees capable of performing are offered recall.

Section 11.4 Time Limits

A recalled employee has three (3) working days after receipt of a recall letter to telephonically contact the Company for acceptance of recall. The Company will consider receipt of a registered letter to the employee’s most current address of record as being the start of the three days. Returned registered letters to the employees’ last known address shall constitute refusal.

ARTICLE XII - SEVERANCE PAY

Section 12.1 Qualifications

Any Employee who has two (2) years or more of continuous service shall be entitled to severance pay when involuntarily laid off for a period in excess of thirty (30) days;

however, employees shall not be entitled to severance pay in cases where such layoff is due to natural disasters, bombings, strikes, new contractors, or work stoppages resulting in the inability to maintain normal operations. No Employee shall be entitled to more than one severance payment based upon a particular year of service.

Section 12.2 Entitlement

The severance pay for employees is as follows:

Continuous Service From 1987 Severance Pay 2 to 3 years 80 hours 3 to 4 years 120 hours 4 to 5 years 160 hours 5 to 6 years 200 hours 6 to 7 years 240 hours 7 to 8 years 280 hours 8 to 9 years 320 hours 9 to 10 years 360 hours 10 years and over 400 hours

Section 12.3 Disbursement

The severance pay shall be paid at the end of a waiting period of thirty (30) days of layoff.

An employee who accepts reinstatement in employment with the Company and is reinstated during the waiting period shall not be entitled to severance pay as herein provided. An employee who is later recalled will be allowed to earn additional severance allowance dating from the date of recall in accordance with the entitlement chart.

ARTICLE XIII - SECURITY

Section 13.1 Defense Security

The Union recognizes the Company obligation to comply with security requirements. If the Government directs Employees removal from the base for security reasons there will be no recourse under this agreement.

Section 13.2 Security Risk

Any employee requiring a security clearance who fails to qualify will be removed without recourse within this agreement.

Section 13.3 Reinstatement

If an individual is erroneously removed and later found to be qualified, reinstatement with full restitution of lost compensation and service credit will be implemented.

Section 13.4 Security Compliance

The Union agrees to comply with all security requirements while conducting business in the Company area at Wright Patterson AFB.

Section 13.5 Reassignment

When employees are determined non-utilizable in a job assignment, the Company shall attempt to find other areas where he/she may be utilized. This includes changing classifications or job task as long as the individual is qualified, and has ability and requisite certifications.

ARTICLE XIV - GRIEVANCE PROCEDURE

Section 14.1 Definition

A Grievance as used in this agreement means a complaint filed by an employee, the Union or the Company alleging failure of the other party to comply with an expressed provision of the Collective Bargaining Agreement.

Section 14.2 Grievance Procedure

If there is any grievance, dispute or difference between any employee covered by this agreement and the Union or the Company or among any of said parties with respect to the interpretation of application of any provision of this agreement, such grievance, dispute, or difference shall be processed in accordance with the following steps in this procedure.

STEP 1: The Grievant has fifteen (15) calendar days from the date of the grieved event or fifteen (15) calendar days from the date when the individual becomes aware of the grieved occurrence, whichever is later, to present the grievance to the Project Manager. The Grievant shall verbally address the grievance with the Project Manager who shall review the complaint and if within his authority implement corrective measures. If the grievance cannot be corrected to the Grievant’s satisfaction, he/she or the Steward shall reduce said grievance to writing for presentation to the Project Manager.

STEP 2: The Project Manager shall within five (5) calendar days of receipt of a written grievance assemble the Grievant and the Shop Steward to address the grievance. If the grievance cannot be corrected at this level, the Project Manager shall reduce to writing his findings, provide a copy to the Grievant and forward within five (5) calendar days the grievance to the Director of Labor Relations.

STEP 3: The Director of Labor Relations shall within ten (10) calendar days of the meeting within step 2, conduct a meeting between himself, the Steward, Grievant and Project Manager for final resolution of the complaint. If the complaint cannot be corrected to the satisfaction of the Grievant, the Director of Labor Relations shall within ten (10) calendar days, forward the package with his observations to the Business Manager.

STEP 4. The Business Manager and Chief Operating Officer or Senior Level Corporate designee shall address the grievance within ten (10) calendar days of receipt of the package by the Business Manager. The Director of Labor Relations shall make a written reply within ten (10) calendar days of the consulting date between him and the Business Manager. The Business Manager shall have the right to request Arbitration. Any request for arbitration must be delivered no more than thirty (30) calendar days from receipt of the response in Step 4.

Section 14.3 Arbitration

The party desiring arbitration shall notify the other party in writing within the aforementioned thirty (30) calendar day 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.

Section 14.4 Exception

The Business Manager may elect to bypass step 1 and 2 in cases where termination and suspension are involved. The Company agrees with this right and will address grievances initiated by the Business Manager at Step 3.

Section 14.5 Time for Grievances

The grievances shall be presented on Company time and all personnel involved including Grievant, Steward, and any witnesses shall be excused from their work with pay to attend the different steps required until resolution is attained. The steward shall be excused from his work with pay to attend to grievances commencing at step 2, which includes sufficient time to gather information. Grievances must be taken up promptly and no grievance will be considered or discussed which is presented later than fifteen (15) calendar days from the date of the event grieved or fifteen (15) calendar days from the date when the individual becomes aware of the grieved occurrence, whichever is later. All grievances will state CBA violation and proposed outcome.

ARTICLE XV - VACANCIES

Section 15.1 Filling Vacancies

When the Company determines that an additional person shall be hired or a vacant position will be filled the following procedure shall be implemented:

(A) A notice of vacant position shall be posted on the bulletin board and announced to the steward for the activity that is affected. Any employee within that activity that the position is being filled may apply. The classifications in the Schedule “A” will have first priority for consideration. Example if a mechanic vacancy is being filled only those personnel with classifications in Schedule “A” will be considered.

(B) If no employee is determined qualified in the bargaining unit, the Company will accept all external applicants.

(C) When two (2) or more applicants are judged most qualified the tiebreaker shall be seniority. The Union will be advised of the selection one week in advance of implementation. During that week the Company may utilize the employee temporally in an out of classification detail.

(D) The Company reserves the right to administer written exams drafted by the

Company and approved by the Union to determine qualifications. The Union will participate in conducting the exam.

Section 15.2 Union Referrals

During the internal review process, the Union may refer external applicants for consideration if no internal employee is selected. The Company shall have the right to reject any job applicants referred by the Union.

ARTICLE XVI - BULLETIN BOARDS

Section 16.1 Bulletin Boards

The Company shall provide a suitable number of bulletin boards for exclusive Union use for posting of local Union publicity. It is also agreed that there will be no other general distribution or postings by employees of any other literature within work areas without prior approval by the Company.

ARTICLE XVII - GENERAL

Section 17.1 Waiver

The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement.

Section 17.2 Severability

If any provision of this agreement is held invalid, the remainder of the agreement shall not be affected thereby.

Section 17.3 Personal Protective Equipment (PPE)

The Company will provide PPE as identified in the Project Manager’s Site Assessment.

The…