Atch_12_-_Collective_Bargaining_Agreements.pdf

ATTACHMENT 12

COLLECTIVE BARGAINING AGREEMENTS & WAGE

DETERMINATIONS

20 Jul 2015

This document is being released under the authority of DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked With Restrictive Legends" (JUN 1995). IAW this clause, paragraph (b)(1), the Contractor shall use, modify, reproduce, perform, or display this technical data and/or computer software only in the development of the Contractor's response to the RFP. The Contractor shall not release or disclose any data and or software included within the Bidders Library to any person or entity not directly involved in proposing to the KDAM ATARS RFP numbered

FA8621-15-R-6328.

DISTRIBUTION STATEMENT

DISTRIBUTION STATEMENT D: Distribution Authorized to the Department of Defense and US DOD Contractors only (Critical Technology) 5 July 2007. Other requests must be referenced to the ASC/WNSPC.

DESTRUCTION NOTICE: All unclassified technical data marked with distribution statements “B”, “C”, “D”, “E”, “F”, or “X” shall be handled and destroyed as “For Official Use Only” (FOUO) documents, in accordance with 5200.1-R.

Classified data shall be handled in accordance with the procedures in 5220.22-M “National Industrial Security

Program Operating Manual”.

Section J, Attachment 12 - Collective Bargaining Agreements and Wage Determinations

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EFFECTIVE: August 31, 2013 through August 26, 2016

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

LOCKHEED MARTIN TRAINING SOLUTIONS INC. (LMTSI)

Aircrew Training and Rehearsal Support II (ATARS II), Kirtland AFB and

Local Lodge No. 794

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS,

AFL-CIO

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TABLE OF CONTENTS

AGREEMENT

ARTICLE 1 - RECOGNITION

Section 1.1 Union Recognition

Section 1.2 Bargaining Units

Section 1.3 Exclusion

Section 1.4 Agency Shop

Section 1.5 Check-off

ARTICLE 2 - RIGHTS OF MANAGEMENT

Section 2.1 Rights of Management

Section 2.2 Company Authority

Section 2.3 Non Discrimination

ARTICLE 3 – NO STRIKE – NO LOCKOUT

Section 3.1 Peaceful Orderly Relations

Section 3.2 Interference with Company Operation

Section 3.3 Unauthorized Strike

Section 3.4 Discipline for Unauthorized Strike

Section 3.5 Lockouts

ARTICLE 4 - UNION REPRESENTATION

Section 4.1 Union Representation

Section 4.2 Union Bulletin Boards

Section 4.3 Agreement Booklets

Section 4.4 Leave of Absence for Union Business

ARTICLE 5 – GRIEVANCES

Section 5.1 Definition of a Grievance

Section 5.2 Grievance Procedure

Section 5.3 Dismissal, Discharge, or Suspension or Involuntary Resignation

Section 5.4 Policy Grievances

Section 5.5 Selection of Arbitrator

Section 5.6 Arbitration – Rules of Procedure

Section 5.7 Agreement Not to be Altered

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Section 5.8 Conference During Working Hours

ARTICLE 6 – SENIORITY

Section 6.1 Probationary Employee

Section 6.2 Application of Seniority

Section 6.3 Additional Training/Qualifications

Section 6.4 Layoff and Recall Procedures

Section 6.5 Additional Qualifications

Section 6.6 Job Opportunity and Preference

Section 6.7 New or Revised Bargaining Unit Jobs

Section 6.8 Loss of Seniority Rights

Section 6.9 Recall Notice

Section 6.10 Management Seniority

Section 6.11 Seniority List

Section 6.12 Change in Airframe

ARTICLE 7 – COMPENSATION

Section 7. 1 Wages

Section 7.2 Employee Medical/Dental Premium and Opt-Out Options

Section 7.3 Familiarization Training Flights for Contract Training Instructors

Section 7.4 Travel

Section 7.5 Shift Premium

Section 7.6 Call Back

Section 7.7 Overtime

Section 7.8 Leads

ARTICLE 8 - HOURS OF WORK, OVERTIME

Section 8.1 Regular Workweek

Section 8.2 Regular Workday

Section 8.3 Meal Periods

Section 8.4 Work Shifts

Section 8.5 Compliance With Company Policies

Section 8.6 Employee Time Records

Section 8.7 Abnormal Plant Shutdowns

ARTICLE 9 – HOLIDAYS

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Section 9.1 Paid Holidays

Section 9.2 Holiday Observance

ARTICLE 10 – VACATION

Section 10.1 Paid Vacation Eligibility

Section 10.2 Vacation Requests

Section 10.3 Vacation Pay

Section 10.4 Contingencies

ARTICLE 11 – Benefits

Section 11.1 Military Leave of Absence

Section 11.2 Voluntary Contributions

Section 11.3 Tuition Assistance

Section 11.4 Anniversary Awards

Section 11.5 Annual Paid Sick/Personal Days

Section 11.6 Bereavement Days

Section 11.7 Jury Duty

Section 11.8 Company Contribution-Operations Support Savings Plan 401K

ARTICLE 12 – MISCELLANEOUS

Section 12.1 Sabotage

Section 12.2 Security Clearance

Section 12.3 Masculine-Feminine References

Section 12.4 Contributions to Machinists Non-Partisan Political League

Section 12.5 Working Out of Classification

Section 12.6 Administrative Coordination

Section 12.7 Performance of Work

Section 12.8 Partial Invalidity of Agreement

Section 12.9 Technological Change

Section 12.10 Uniforms and Safety Equipment

Section 12.11 Subcontracting

ARTICLE 13 – PART TIME EMPLOYEES

ARTICLE 14 – SUCCESSORS AND ASSIGNS

ARTICLE 15 – DURATION AND TERMINATION

IN WITNESS WHEREOF

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MEMORANDUM OF AGREEMENTS .....................................................................................................................39 - 34

Flight Pay Premium

Machinists Custom Choice Worksite Benefits Program

Clarifying Work Assignments: Electronic Maintenance Technicians Level I-II-III

Administration of Wage Delivery for “Red Circled” Employees

APPENDIX A: Airframe Job Classification

ATTACHMENT 1

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AGREEMENT

THIS AGREEMENT, dated this 31 st day of August, 2013 by and between Lockheed Martin Training

Solutions Inc. (LMTSI) (hereinafter called the “Company”), and the International Association of

Machinists and Aerospace Workers, AFL/CIO, and it’s Local Lodge No. 794 (hereinafter called the

“Union”), for the purpose of establishing harmonious relations and facilitating peaceful adjustment of wage schedules and working conditions

WHEREAS, the union is the exclusive bargaining agent for the employees of the company, and

WHEREAS, the union and the company have negotiated a Collective Bargaining Agreement covering wages, hours and other conditions of employment, and

WHEREAS, the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows:

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ARTICLE 1 - RECOGNITION

Section 1.1 Union Recognition

The Company recognizes the Union as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all Company employees of the bargaining units involved in the Aircrew Training and Rehearsal System (ATARS II) Contract for

Kirtland Air Force Base, NM, as described in the certifications issued by the National Labor Relations

Board.

Except as otherwise clear from the context, the term "employees" as used in this Agreement means employees in the bargaining unit.

In the event that work currently performed by the bargaining unit is transferred to another Lockheed

Martin entity at Kirtland AFB, the same terms and conditions of the Collective Bargaining Agreement will apply as prescribed by law.

Section 1.2 Bargaining Units

1.2(a)- Bargaining Unit

The Employer and Union agree that the employees covered by the agreement shall consist of the

Category I and II Contract Instructor classifications set out in this agreement employed by the

Employer as described in the certification issued by the National Labor Relations Board Case

#28-RC-5894 dated November 20, 2000.

Effective August 31, 2013, employees classified as a Subject Matter Expert and covered by the agreement shall also be considered a part of this unit.

1.2(b)- Bargaining Unit

Electronic Maintenance Technicians I, II, III and Crew Chiefs classifications set out in this agreement employed by the Employer as described in the certification issued by the National Labor Relations

Board Case #28-RC-6454 dated July 31, 2006.

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1.2(c)- Bargaining Unit

Scheduler, Senior Scheduler, Training Support Administrator, Training Support Technician classifications on the Registrar Scheduler Support contract for Kirtland Air Force Base, NM set out in this agreement employed by the Employer as described in the certification issued by the National

Labor Relations Board Case #28-RC-6767 dated September 9, 2011.

Section 1.3 Exclusion

Specifically excluded from this agreement are all other Company employees including office, clerical employees, professional employees, guards, and supervisors as defined in the act.

Section 1.4 Agency Shop

Each employee covered by this Agreement shall be required, as a condition of employment, beginning

31 days after the date of hire to either become a member of the Union or, at a minimum, pay the

Union monthly service charge for the administration of this agreement and bargaining and/or representation under the Grievance Procedure including arbitration. Such monthly service charge for non-members will be paid within the time constraints set forth for members under Article 1, Section

1.5.

In the event an employee, who as a condition of continued employment is required to become a member of the Union or provide a monthly service charge, but in any such case does not do so, the

Union will notify the Company in writing and through the LMTSI manager of such employee’s delinquency. The Company agrees to advise such employee that his employment status with the

Company is in jeopardy and that failure to meet his obligation within 30 calendar days will result in termination of employment.

Section 1.5 Check-off

During the existence of this Agreement, the Company, insofar as permitted by State and Federal Law, shall deduct out of current net earnings payable to an employee covered by this Agreement, Union dues, initiation fees and reinstatement fees upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a card as agreed between the Company and the

Union and shall continue deductions until such authorization is duly revoked by the employee.

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In making deductions and remittances for reinstatement fees, initiation fees and dues to the Union, the Company is entitled to rely upon the notification of the Secretary-Treasurer of Local Lodge 794 of the amount of money due to the Union by an employee. The Union agrees to and does hereby hold and save the Company harmless from any and all liability, responsibility, or damage for deduction, payment authorization, or notification as provided for in this Article, specifically including, but not limited to, the Company’s agreement to deduct dues, initiation fees and reinstatement fees from the employee’s paycheck and the Union assumes full responsibility for the disposition of the funds so deducted when turned over to the Secretary-Treasurer of the Union. The Company will execute changes to dues identified by the Union within 30 days of notification.

The Company shall deduct from the employee’s first paycheck each month the monthly dues payable by the employee to the Union. The Company shall remit all amounts to the Union on the 20 th day of the month after the deduction is made.

For the purpose of implementing the payroll deduction described in this Article, the “authorization form” attached as “Attachment 1” will be used.

ARTICLE 2 - RIGHTS OF MANAGEMENT

Section 2.1 Rights of Management

Except as modified by a specific provision of this Agreement, the company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change, or combine work schedules, and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

Section 2.2 Company Authority

It is understood and agreed that any of the powers and authority the Company had prior to the signing of this Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

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Section 2.3 Non Discrimination

All terms and conditions of employment included in the Agreement shall be administered and applied without regard to race, color, religion, national origin, status as a disabled or Vietnam era veteran, age, sex, or the presence of a handicap. If administration and application of the contract is not in contravention of Federal Laws, such administration shall not be considered discrimination under this Section.

Notwithstanding any other provision of this Agreement, a grievance alleging a violation of this Section shall be subject to the grievance procedure and arbitration of Section 5.2 – 5.8, Grievance

Procedure and Arbitration, only if it is filed on behalf of and pertains to a single employee. Class grievances based on alleged violation of this Section shall be subjected to the grievance procedure and arbitration under this Agreement.

ARTICLE 3 – NO STRIKE – NO LOCKOUT

Section 3.1 Peaceful Orderly Relations

It is the intent of the parties, in the interests of attaining a peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union, the

Company, and the employees shall resort to secure redress for grievances arising from this Agreement.

Section 3.2 Interference with Company Operation

The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in any strike, work stoppage, sit-down strike, stay-in, sympathy strike or slowdown in any

Company location or any curtailment of work or restriction of production or interference with the operations of the Company.

Section 3.3 Unauthorized Strike

The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in, any strike of any of the Company's operations, or non-informational picketing of any of the

Company's plants or premises.

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Section 3.4 Discipline for Unauthorized Strike

Any employee found guilty of violating this Article may be discharged or subject to other disciplinary action as the Company may consider appropriate subject to the grievance procedure outlined in Article 5.

Section 3.5 Lockouts

The Company shall not authorize or direct a lockout during the period this Agreement is in effect.

ARTICLE 4 - UNION REPRESENTATION

Section 4.1 Union Representation

The Union shall inform the Company in writing of the names of its Stewards, Officers and

Representatives who are accredited to represent it. The Company recognizes and will work with accredited Union Representatives to resolve differences that may occur from time-to-time with respect to the terms and conditions of this Agreement.

a) Union Representatives. With prior notice, representatives of the International Union and

Local Lodge No. 794, or their designee shall be admitted to Company-occupied premises where employees in the unit are assigned, for purpose of investigating grievances and to ensure the compliance with the Agreement.

b) Shop Stewards. The Union will provide the Company the names of the designated Shop

Stewards as follows:

Contract Instructors – 4

Schedulers – 2

Electronics Technicians - 2

Additional designated alternates shall act only in the event a Shop Steward is unavailable. An employee while serving as a Steward shall not be transferred or loaned from his site of jurisdiction so long as employees remain in the jurisdiction for which he is designated as Steward.

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20-Jul-15, Page 12 of 92 resigns, quits or is otherwise terminated or discharged from employment, a replacement will be designated by the Union within five (5) working days.

c) Duties of Stewards. Steward duties involve gathering information on alleged violations of the

Agreement and processing grievances. Each Steward, upon approval of the LMTSI Manager, shall be authorized to devote up to four (4) hours per week to perform steward duties without loss of pay. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or conflicts with critical site operations. The

Union agrees that the “time off without loss of pay” privilege provided pursuant to Steward

Duties shall not be abused. It is also agreed that, to the maximum extent possible, such steward duties shall be conducted in such a manner so as to not interfere with operating requirements. The amount of time to perform Steward duties without loss of pay may be extended by management at the request of the Steward if special circumstances arise.

Section 4.2 Union Bulletin Boards

The Company will provide a bulletin board for the posting of Union notices. Only notices pertinent to the Union at the ATARS II facility (notices concerning Union meetings, Union elections, results of Union elections, etc.), which have been authorized by a designated Union official, will be posted. Notices must be given to and approved by the Company's LMTSI Manager, or his designee, prior to posting. Union notices will not be unreasonably denied.

Section 4.3 Agreement Booklets

The Company shall provide each employee covered by this Agreement a copy of the Agreement within sixty (60) days of final Union acceptance. New hires shall be provided a copy of this Agreement upon their acceptance in the Company.

Section 4.4 Leave of Absence for Union Business

Any employee can request, by written application, a leave of absence without pay, not to exceed four (4) years, when elected or appointed to perform official Union business. Employees can also request leaves of absence for other Union activity such as, but not limited to, attending Union Schools, conventions and functions. The maximum number of employees that may be on leave for union business at any given time is as follows:

Contract Instructor Unit - 4

Electrical Technician Unit - 2

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Schedulers Unit – 2

ARTICLE 5 – GRIEVANCES

Section 5.1 Definition of a Grievance

A grievance is a dispute between the Company and the Union as to the interpretation, application, or violation of any term or provision of this Agreement. Should any employee have a grievance, an earnest effort shall be made to settle such grievance promptly in accordance with the following procedure. Each party acknowledges that it is in the best interest of both parties to settle disputes at the lowest possible level.

Time limits in this grievance and arbitration procedure may be extended through mutual written agreement. Furthermore, notwithstanding any provision of Section 5.2, in any and all cases where disciplinary action, whether oral, written or otherwise, is contemplated to be taken by management, a

Steward will be notified.

Section 5.2 Grievance Procedure

Step 1. Oral Discussion. The employee should first discuss his grievance with the supervisor of his section. If the supervisor, in collaboration with the Shop Steward, considers the grievance to be valid, then the employee and the Steward will contact the Manager (the Company) and attempt to settle the dispute at that time. An Employee may contact the company directly if he so chooses. If the purpose of the employees’ contacting the company is to adjust the grievance, the Steward shall be given the opportunity to be present, and such adjustment shall be in conformity with this agreement.

Grievances shall be brought to the Company within ten (10) working days of when the employee had knowledge of the grievance.

Step 2. Grievance Reduced to Writing. If no settlement is reached in Step 1, the Steward may, within ten (10) working days, reduce to writing a statement of the validated grievance or complaint.

This statement, attested to by signature of the grievant, must contain the following:

1. The facts upon which the grievance is based;

2. Reference to the section or sections of the Agreement alleged to have been violated (Step 2 will not be applicable in cases of dismissal or suspension for cause or of involuntary resignation);

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3. The remedy sought.

The Steward shall sign and submit the written statement of grievance through the section Lead to the

LMTSI Manager for his consideration, with a copy to the LMTSI Program Manager. After such submission, the Company and Steward may within the next ten (10) workdays, unless mutually extended, conduct a meeting or teleconference to settle the written grievance and over their signatures, indicate the disposition made thereof. If no equitable solution can be reached after such discussion, the Company and the Steward shall indicate over their signatures, that a settlement has not been reached.

Step 3. Written Grievance Handling at Union Representative-Company Representative

Level. If no settlement is reached in Step 2 within the specified or mutually extended time limits, the Union Representative or his designee may, within ten (10) working days, submit the grievance to the Human Resource Manager of the Company. After such submission, the Human Resource Manager of the Company and the Union or designee thereof, shall, within the next ten (10) work days, unless mutually extended, conduct a meeting or teleconference to settle the grievance and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of such ten

(10) work day period, or mutually agreed extension thereof, the Human Resource Manager of the

Company and the Union or designee thereof, shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that a settlement has not been reached.

Step 4. Arbitration. If no settlement is reached in Step 3 within the specified or mutually extended time limits, then either party may, in writing within ten (10) work days thereafter, request that the matter be submitted to an arbitrator.

Section 5.3 Dismissal, Discharge, or Suspension or Involuntary Resignation

In cases of dismissal, discharge, or suspension for cause, or involuntary resignation, the employee shall be given a copy of the suspension, or termination of service, as the case may be, if he is available to be presented with such copy. If he is not available, copies will be sent to the employee and to the

Union office via registered mail. The employee shall have the right to appeal the action shown providing the Union files a written grievance with the designated representative of the Company within ten (10) work days after the date of the receipt of the notification of discharge, dismissal, or suspension for cause or involuntary resignation. Written grievances processed under this section will be submitted directly to Step 3 of the grievance procedure.

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Section 5.4 Policy Grievances

Policy grievances shall begin with Step 3 and shall be limited to matters dealing with the interpretation or application of terms of this Agreement. Such grievances shall be submitted in writing to the designated 3 rd step representative, and shall contain the following:

a) Statement of the grievance setting forth the facts upon which the grievance is based.

b) Reference to the section or sections of the Agreement alleged to have been violated.

c) The remedy sought.

The grievance shall be signed by the designated 3 rd step representative. If no settlement is reached within ten (10) workdays, unless mutually extended, from the submission of the grievance, both sides shall sign the grievance and indicate that it has been discussed and considered and that no settlement has been reached. Within ten (10) work days thereafter, either party may submit the grievance to an arbitrator.

Section 5.5 Selection of Arbitrator

Either party may request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators admitted into the National Academy of Arbitrators. Such requests shall state the general nature of the case and ask that the nominees be qualified to handle the type of case by subject matter.

When notification of the names of the panel of seven (7) arbitrators is received, the parties in turn shall have the right to strike a name from the panel until only one-name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the arbiter.

Section 5.6 Arbitration – Rules of Procedure

Arbitration pursuant to Step 4 shall be conducted in accordance with the following:

a) The arbitrator shall hear and accept pertinent evidence submitted by both parties and be empowered to request such data as he deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days exclusive of weekends and recognized holidays, unless mutually extended at the completion of the hearing.

b) The arbitrator shall be authorized to rule and issue a decision in writing on the issue presented for arbitration and such decision shall be binding on both parties.

c) The arbitrator shall rule only on the basis of information presented in the hearing before him

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20-Jul-15, Page 16 of 92 and shall refuse to receive any information after the hearing except when there is mutual agreement, in the presence of both parties.

d) Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. The parties may submit written briefs within a time period mutually agreed upon. Such agreements of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.

e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

f) Both the Union and Company hereby mutually agree to share, on an equal basis, the arbitrator’s fees and reasonable expenses.

g) The total cost of the stenographic record (if requested) shall be paid by the party requesting

it. If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 5.7 Agreement Not to be Altered

The arbitrator shall have only the authority to interpret and apply the provisions of this written

Agreement. The arbitrator has no power to add to, detract from, or change in any way the provisions of this Agreement, or to establish new terms and conditions of this Agreement. Neither party has the right to request arbitration on any subject matter not specifically covered in this written Agreement.

Section 5.8 Conference During Working Hours

Conferences between representatives from the Company and Union that are mutually agreed to shall be held during paid working hours.

ARTICLE 6 – SENIORITY

Section 6.1 Probationary Employee

For Contract Instructors, the probationary period is defined as a new employee during the first 180 days of employment and achieves certification to conduct training and/or classroom events in

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20-Jul-15, Page 17 of 92 accordance with guidelines established in Article 7, Section 7.1. All other employees shall be considered probationary employees for the first 90 calendar days of employment. The probationary period may be extended by mutual agreement between the Company and the Union. Employment of probationary employees is at the sole and absolute discretion of the Company. An employee terminated for any reason during the probationary period has no mandatory seniority, recall or reinstatement rights. The Company may terminate or transfer probationary employees at its discretion and such actions are not subject to the Grievance Procedure.

Section 6.2 Application of Seniority

For the purpose of operating under this Agreement, employees shall be entitled to seniority in their respective Bargaining Unit in accordance with their date of hire into their Bargaining Unit in the

ATARS II (or any predecessor program ), herein called seniority date. The most senior employee

(i.e. employee with the earliest prior contract service date of hire at Kirtland AFB, NM) shall be listed at the top of the Bargaining Unit Seniority List and the least senior employee shall be listed at the bottom of the Bargaining Unit Seniority List. All other employees shall be listed on the Bargaining

Unit Seniority List in descending order based upon their prior contract service date of hire at Kirtland

AFB, NM. Employees hired into the Bargaining Unit subsequent to this agreement shall be assigned a seniority date based on date of hire, or if hired on the same date, be assigned seniority based on the last four digits of their SSN – larger SSN number is more senior on the list.

It is recognized that CI's are/were hired based on customer pre-requisite qualifications specific to airframe, whether flightline or academic, and crew position expertise. Accordingly, the CI seniority is based upon seniority date and organized by airframe, with academic or flightline treated as separate airframes, and crew position would have the widest applicability. Within this context, and considering scheduling and training flexibility, this airframe/crew position seniority date list would be utilized to establish first rights of refusal in the determination of, but not limited to, training opportunities, advancement (i.e. to Lead) and layoffs/recall. If an instructor is hired to a new airframe, or to or from the flightline, their seniority date resets to the bottom of the list for that airframe. If movement to a new airframe is due to lack of work or loss of positions, seniority will reset to the bottom of the list for that airframe. If returning back to the original airframe filling an open position, seniority will revert to original airframe date. In the event more than one collective bargaining member is hired into a new airframe on the same date, site hire date will determine airframe seniority. In those instances that are non-specific to airframe and/or crew position qualifications, such as for CRM or IRC instructor opportunity, the site-wide seniority list would be applicable. Employees-entering a new program and designated as initial cadre will retain their original Company hire date for seniority purposes. Any employees subsequently deciding to enter a new program will assume that date as a new hire date for lay-off/recall, vacation, training opportunities (specific to the airframe), and advancement provisions.

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They will however, maintain their original Company hire date for non-airframe specific matters.

Section 6.3 Additional Training/Qualifications

The opportunity for any additional training/qualifications will be afforded to the most senior employee possessing the qualifications for the position. Qualifications for any new positions shall be determined by the Company based on requirements mandated by the Customer. Should training needs dictate, such additional training/qualification opportunity will be offered to the most senior qualified instructor.

Section 6.4 Layoff and Recall Procedures

Employees will be laid off due to lack of work and recalled based on the seniority principles of Section

6.2. If there are no senior employees volunteering for lay-off, layoffs shall occur in the following order based on seniority in accordance with Section 6.2: probationary employees, casual part time employees, regular part time employees, full time employees.

Contract Instructors notified of lay-off shall have the ability to bump into a SME position in the same type of airframe in which they currently instruct (Fixed Wing, Rotary Wing, or Tilt Rotor) at the SME rate provided he/she has greater seniority than the SME subject to being bumped.

Employees in the workforce, who have established seniority and are laid off through no fault of their own, will be recalled to the work force within a two-year period as openings occur. When the laid off individual is recalled, he shall be placed on the seniority list based on his original seniority date, if not laid off for more than two years.

Section 6.5 Additional Qualifications

a) An additionally qualified employee is defined as:

1) An instructor certified and current to instruct in two of the following aircraft types:

HC-130P/N, MC-130P, MC-130H, AC/HC/MC-130J, HH-60, UH-1, CV22, or subsequent aircraft types assigned to Kirtland AFB, NM.

2) An Academic Platform Instructor who is certified and current to instruct in one of the aforementioned aircraft types.

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3) Any additional qualifications requiring certification that may be assigned during the course of this Agreement, must be discussed and coordinated with the Company and

Union.

a. Additional qualifications shall not be the cause for reduction in force or to displace other Bargaining Unit members from their regularly assigned work.

b. Such utilization will be limited to a period of sixty (60) days, (per employee) in a calendar year unless mutually agreed upon by the Union and the Company.

Section 6.6 Job Opportunity and Preference

1. Job Posting. Job vacancies shall be posted on the Company’s electronic job requisition website or successor platform and bulletin boards, for a period of not less than five (5) working days prior to considering outside applicants. An e-mail will be sent to all Union stewards identifying the requisition number for the vacancies 1-day prior to posting internally as they become available.

2. Instructor Openings. For any Instructor Openings, the Company shall follow the following process for filling the vacancy:

a. An Instructor applicant who meets the Government requirements for the position as defined in the Performance Work Statement (PWS) shall be offered the position. If more than one Instructor applicant meeting the PWS requirements applies, the most senior applicant shall be offered the position.

b. If no Instructor applicant meets the PWS requirements, or if the selected Instructor applicant transfers back to his/her prior position as a result of the 13-week Proving Period, then the Company may hire an external applicant who meets the PWS requirements.

c. If no external applicants meet the PWS requirements, then the Company shall offer the position to the most senior Instructor applicant.

d. If the selected Instructor applicant pursuant to paragraph 2(c) fails to make satisfactory progress and transfers back to his/her prior position as a result of the 13-week Proving

Period, then the Company shall offer the position to the next senior Instructor applicant.

3. Other openings. Any employee who meets the minimum qualifications as outlined in the job posting for an open job requisition shall be moved into the open position by seniority. Should there be no qualified internal candidates the company may hire an external applicant.

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The word employee in this provision also includes all laid off employees with recall rights.

4. Proving Period. Contract Instructors who transfer to a new MDS shall have a thirteen (13) workweek trial period to demonstrate satisfactory performance in the new assignment. The

Company, in its sole discretion, may transfer the employee back to the position last held by the employee if the Company determines the employee is not performing satisfactorily in the new assignment. Upon transferring back to the prior assignment, the employee will receive the applicable rate of pay for that crew position and will maintain his MDS certification date for his prior assignment.

If a surplus is created by this action, layoff provisions of Section 6.2 and 6.4 shall apply.

Section 6.7 New or Revised Bargaining Unit Jobs

When new or revised bargaining unit jobs are anticipated, the Company will notify the Union of the requirement. Specific job tasks and rates of pay will be discussed and coordinated with the Union prior to establishing any new or revised work.

Section 6.8 Loss of Seniority Rights

Seniority rights shall be forfeited and the employee shall be deleted from the seniority lists when an employee:

(1) Resigns.

(2) Is discharged for cause.

(3) Absence in excess of five (5) consecutive working days without notification shall constitute

RESIGNATION unless satisfactory evidence of inability to report for work is shown.

(4) Is laid off in excess of twenty four (24) months due to lack of work.

(5) Fails to return to work within ten (10) days of a recall notice, unless a satisfactory reason is given.

(6) Accepts other employment while on an approved leave of absence without prior permission from management.

(7) Whose security clearance has been revoked and not reinstated.

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Section 6.9 Recall Notice

An employee shall be recalled by certified mail, return receipt requested, mailed to the employee’s last known address of record. The postmark on the return receipt requested shall be the date of notification of recall.

Section 6.10 Management Seniority

Any management personnel or any employee from the bargaining unit who accepts a management position in the future shall not continue to accrue seniority for all purposes under the provisions of this

Collective Bargaining Agreement.

Section 6.11 Seniority List

For the Electronic Technician and Scheduler bargaining units, the Company shall maintain separate seniority lists, which shall be updated and provided to the Union at the beginning of each new quarter of the calendar year, signed and dated by the parties for verification. The seniority lists are based on provisions described in Section 6. 2.

For Contract Instructors, the Company shall maintain the airframe seniority list, and it shall be updated and provided to the Union at the beginning of each new quarter of the calendar year, signed and dated by the parties for verification. The Contract Instructor seniority list is based on the airframe job classifications identified in Appendix A.

Section 6.12 Change in Airframe

By mutual agreement, notwithstanding Section 6.5 of this Agreement, in the event of a change in

Airframe, including but not limited to the introduction of a new Airframe, change in Airframe, or elimination of an Airframe (anticipated, pending, or actual), the Company shall have the right to utilize instructors on multiple Airframes. Prior to doing so, the Company shall 1) notify the Union of the change; 2) present the Union with a detailed Instructor Utilization Plan which must include an anticipated time frame for the multi-Airframe utilization; and 3) meet with the Union to discuss and receive input from the Union regarding the Utilization plan.

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ARTICLE 7 – COMPENSATION

Section 7. 1 Wages

a) Effective October 7, 2013, the basic hourly rates listed in Table 1 will be paid to all qualified instructors and all other employee classifications. The wage table for instructors will consist of two categories. Category I will include pilots/navigators/EWOs/flight engineers/CSOs/Special Mission Aviators and Category II will include loadmasters/AMSS.

Personnel who have completed a 180-day probationary period and who have met customer certification requirements will be considered qualified instructors.

Effective October 1, 2013, a Subject Matter Expert (SME) classification shall be established.

SMEs are a separate and distinct job classification from Contract Instructors for the purposes of this Agreement. It is hereby agreed that no Contract Instructors shall be involuntarily moved into a SME position or laid off directly as a result of the creation of a SME position.

10/7/2013 10/6/2014 10/5/2015

Contract Instructor I $49.86 $50.86 $51.88

Contract Instructor II $46.53 $47.46 $48.41

Subject Matter Expert $35.00 $35.70 $36.41

Electrical Maintenance

Technician I

$27.22 $27.90 $28.60

Electrical Maintenance

Technician II

$29.93 $30.68 $31.45

Electrical Maintenance

Technician III

$32.30 $33.11 $33.94

Scheduler* $21.00 $21.53 $22.07

Training Support

Administrator

$21.00 $21.53 $22.07

Training Support Tech $14.71 $15.08 $15.46

*The parties agreed during the 2013 negotiations to combine the Scheduler and Senior

Scheduler into one Scheduler classification.

**Full-time Contract Instructors on payroll as of October 1, 2013 shall receive a three percent

(3%) cash payment in lieu of a wage increase, payable the first full pay period following

October 1. Calculation of the payment will be based on three percent (3%) of the employee’s base wage hourly rate x 2080 hours, subject to applicable taxes. Regular Part-time Contract

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Instructors on payroll as of October 1, 2013, shall receive this payment based on total hours worked during the period of October 1, 2012 through September 30, 2013, subject to applicable taxes.

Instructors shall have the option to elect deferral of lump sum wage to 401(k) or receive the lump sum wage as a payment in his/her regular paycheck. This entire payment may be deferred, without Company matching contributions, to the 401K Plan upon completion of the appropriate election form which must be returned to Human Resources no later than

September 20, 2013.

b) Probationary Employees. Probationary employees will receive 90% of their wage rate for the duration of the probationary period. Pay adjustments will be effective the first full pay period following the completion of the probationary period. The Company may waive the probationary pay for qualified rehires or employees who complete certification requirements prior to the end of the probationary period.

Section 7.2 Employee Medical/Dental Premium and Opt-Out Options

SECTION 1. Insurances. Employees may participate in the Company sponsored benefits plans that are currently offered, including the Employee Assistance Plan (EAP). The Company shall pass through improvements, modifications, changes to plans and/or employee premiums to these plans at any time, both during the term of this Agreement and after its expiration. Any elimination contemplated to these plans will only be a result of the Company no longer offering the specific plan.

If and when these situations arise, the Company will notify the Union prior to taking such action.

However, the yearly increases in the premium contributions for the medical plans (excluding Tricare) will be capped at no more than ten percent (10%) from the previous year’s premium contributions for the life of the Agreement.

SECTION 2. Opt Out. The Company offers the options below to employees electing to opt out of coverage(s):

Contract Instructors Bargaining Unit

1. Opt-Out of Medical, Vision, Dental and all Company provided benefits (Short Term

Disability – Option A, Basic Life) and receive $3.01 per hour paid equal to a taxable maximum of $120.40 per week.

2. Opt out of Medical and receive $2.33 per hour paid equal to a taxable maximum of

$93.20 per week, and still be provided Short Term Disability – Option A and Basic

Life, and purchase Vision and/or Dental at 100% of the cost of the insurance.

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Electronic Maintenance Technicians Bargaining Unit

1. Employees opting out of all Company paid benefits will receive $1.00 per hour paid equal to a taxable maximum of $40 per week, and still be provided Short Term

Disability – Option A and Basic Life, and purchase Vision and/or Dental at 100% of the cost of the insurance.

Schedulers Bargaining Unit

1. Employees opting out of all Company paid benefits will receive $1.00 per hour paid equal to a taxable maximum of $40 per week, and still be provided Short Term

Disability – Option A and Basic Life, and purchase Vision and/or Dental at 100% of the cost of the insurance..

The Opt-out option would become ineffective and subject to renegotiation in the event it is determined that the arrangement may result in non-compliance with the Affordable Care Act. In order to be eligible for the Opt-Out credit, individuals who Opt-Out of Medical benefits must certify, on an annual basis, that they are receiving coverage elsewhere.

Section 7.3 Familiarization Training Flights for Contract Training Instructors

Employees that are authorized by the Company to observe on training flights will be paid at 1.5 times their straight time rate for the period beginning at mission show time and ending at the completion of the mission debrief. All required special equipment and clothing will be provided by the Company at no cost to the employee. As a Company incentive, the employee will receive a

Flight Incentive Day Off reimbursed at the employee’s normal straight time rate.

Section 7.4 Travel

Employees will be reimbursed for lodging, airfare, mileage, and meals according to the

Company travel policy. The Company will provide travel/accident insurance.

Section 7.5 Shift Premium

An employee scheduled for a shift that does not start between 6:00 AM and 1:00 PM will receive a shift premium of $4.00/hr.

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Section 7.6 Call Back

An employee called back to work will be paid at 1.5 times his/her regular straight time rate, or for four (4) hours at the straight time rate, whichever is greater.

Section 7.7 Overtime

1. Overtime at 1.5 times the straight time wage rate will be paid for time in excess of forty (40) hours paid in a workweek. Sick or personal time shall not be considered as hours paid for purposes of overtime. (Parties specifically agree that union time is considered as hours worked for the purposes of overtime calculation)

2. Time and a half (1.5) plus holiday pay shall be paid to any employee required to work on a designated holiday.

3. There shall be no duplication or pyramiding of overtime payments.

4. Overtime at 1.5 times the straight time hourly wage rate will be paid for hours worked on the first and second scheduled day off.

Section 7.8 Leads

The term Lead does not designate a job category but identifies an employee whose assigned duties are to assist Management in scheduling work and is responsible for instructing and aiding a group of employees. The Lead will be required to perform technical evaluations, assist Management in maintaining a smooth flow of work, and maintain records. The Lead may be required to report to

Management the reason for failure to maintain the flow of work. The Lead will be appointed at the

Company’s discretion and will receive an additional $2.00 per hour above their regular hourly rate.

ARTICLE 8 - HOURS OF WORK, OVERTIME

Section 8.1 Regular Workweek

a) The normal work week consists of one hundred sixty eight (168) consecutive hours beginning at 12:01 a.m. Monday and ending at 12:00 midnight the following Sunday. The regular workweek shall consist of five (5) consecutive 24-hour periods, hereafter referred to as regular workdays. For the purposes of this Agreement, the regular workweek

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b) The regular work week will only be altered if the Air Force requires additional operational capability. Such customer requirements will be provided to the Union. The

Company will discuss and coordinate with the Union any changes to the normal workweek prior to implementation.

An employee assigned to an altered regular work week will receive 75 cents (.75) per hour above the employee’s straight time wage rate.

c) With the concurrence of the LMTSI Manager (or his designee) employees on a regular schedule may alter their daily work schedule to complete forty (40) hours in less than five (5) days.

d) It is not the intention of the Company to reduce the regular 40-hour work week as a result of this Collective Bargaining Agreement.

Section 8.2 Regular Workday

The "Regular Workday" consists of 24 consecutive hours from 12:01 a.m. to 12 midnight.