Attachment 14 LISC OMS Wage Determination.pdf

ATTACHMENT 14: WAGE DETERMINATION

FA8811-13-R-0001

Launch and Test Range System (LTRS)

Integrated Support Contract (LISC)

Operations, Maintenance, and Sustainment (OMS)

Attachment 14: Wage Determination

20 March 2013

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Attachment 14: Table of Contents

• Section 1: Collective Bargaining Agreement (CBA)- Wage Determinations

• Section 2: Wage Determinations (Non-CBA)

• Section 3: CBA-Wage Determinations for Exhibit

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Section 1: Collective Bargaining Agreement- Wage Determinations Table of Contents

Item Number Location Type Document WD Number

Expiration Date

1 WR WD (CBA) Teamsters Union CBA-2012-5515

2 WR CBA Teamsters Union 31-Mar-16

3 WR WD (CBA) IBEW Union CBA-2012-5516

4 WR CBA IBEW Union 30-Jun-16

5 ER WD (CBA) IBEW (MainLand) CBA-2012-5439

6 ER CBA IBEW (MainLand) 31-Aug-14

7 ER WD (CBA) IBEW (Tech and Plant) CBA-2012-5435

8 ER CBA IBEW (Tech and Plant) 13-Aug-14

9 ER WD (CBA) Transport Workers Union (Meteor Data) CBA-2012-5437

10 ER CBA Transport Workers Union (Meteor Data) 30-Sep-14

11 ER WD (CBA) Teamsters (Logistics Support Tech) CBA-2012-5440

12 ER CBA Teamsters (Logistics Support Tech) 31-Oct-14

13 ER WD (CBA) IATSE MO (Metric Optics)

14 ER CBA IATSE MO (Metric Optics) 20-Oct-2014

15 ER WD (CBA) Transport Workers Union (Meteor Electronics) CBA-2012-5438

16 ER CBA Transport Workers Union (Meteor Electronics) 30-Sep-2014

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2012-5527 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 12/7/2012 State: California

Area: Santa Barbara

Employed on Air Force contract for Operations & Maintenance of the LAUNCH & RANGE INTEGRATED SERVICES CONTRACT (LISC). Also includes Counties of Monterey & San Mateo.

Collective Bargaining Agreement between contractor: InDyne, Inc., and union: Teamsters Union Local 986, effective 10/1/2012 through 3/31/2016.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

12/7/2012http://wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2012-5527 i i

AGREEMENT

BETWEEN

VANDENBERG AFB, CALIFORNIA

AND

TEAMSTERS UNION

LOCAL 986

October 1, 2012 Expires March 31, 2016 ii ii

TABLE OF CONTENTS

ARTICLE PAGE

Agreement………………………………………………………………………………..ii

Drug Free Work Place………………………………………………………………….iii

I Recognition

II Management Rights

III Agreement Against Strikes & Lockouts

IV Union Membership

V Union Responsibility

VI Support Requirements

VII Grievance Procedure

VIII Company Service Credit

IX Seniority

X Hours of Work & Overtime

XI Leaves of Absence

XII Vacations

XIII Holidays

XIV Benefits

XV Paid Time Off

XVI Union Representation

XVII Security

XVIII Miscellaneous Provisions

XIX Non-Discrimination

XX Wages

XXI Entire Agreement

XXII Duration of Agreement

Letters of Understanding Use of Voice Nets………………………………………………………………..……………..80 Logistics………………………………………………………………………………………….82 Crew Rest………………………………………………………………………………………..84

APPENDIXES

A Seniority Location – Vandenberg AFB ............................................................................. A-1

Pillar Point ........................................................................................................................A-9

B Time Sheet Codes ........................................................................................................... B-1

C Alphabetical Index ............................................................................................................ B-3 iii iii

AGREEMENT

This Agreement is made and entered into by and between InDyne, Inc.

(herein referred to as the “Company”), and the General Teamsters, Airline, Aerospace and Allied Employees, Warehousemen, Drivers, Construction, Rock and Sand Union, Local No. 986, affiliated with the International Brotherhood of Teamsters, (herein referred to as the “Union”).

Terms of the Agreement apply to all bargaining unit employees unless otherwise stated.

Application: This agreement applies to the employees hereinafter defined as being included in the bargaining unit working for InDyne Inc., located at Vandenberg Air Force Base, working for the Company under contract with the United States Air Force.

Purpose: The purpose of this Agreement is to set forth the complete agreement between the Company and the Union as to rates of pay, wages, hours of work, and other conditions of employment to be observed by the parties, except as may be amended hereafter by written mutual agreement of the parties.

Drug Free Work Place

InDyne, Inc. abides by the provisions of the Drug-Free Workplace Act of 1988. In as such, InDyne prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances (including alcohol) in InDyne’s office or in any other work area at which an employee is to perform work for InDyne.

Consumption of alcohol beverages or illegal drug use during working hours or reporting to work under the influence of alcohol or illegal drugs is prohibited.

To abide by the federal Drug-Free Workplace Act, employees are required to notify the Program Manager of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such a conviction. Violations of the Drug-Free Workplace Act can result in immediate termination of employment and prosecution.

iv iv

InDyne reserves the right to conduct drug/alcohol screening as part of its pre-employment process for job applicants as well as employees after a reported incident, following supervisory or employee observation, extended leave or any other event that could reasonably be construed to involve possible drug/alcohol abuse.

Refusal to consent may result in termination.

Section 1. Random Drug Testing Procedures. The Company will make every reasonable effort to safeguard the privacy of the employee. Employees will have the right to request the split sample to be tested if a positive sample is found. If the split sample is negative, the first sample will be deemed to be a “false” positive. No show will be considered a positive test result.

Section 2. Probable Cause Testing . Employees may be sampled for drug and alcohol use upon scheduled physicals or upon reasonable probable cause (including work-related accidents). In the event an employee is sampled for reasonable probable cause, the employee will be immediately returned home from the test site after testing is completed. Employees will be paid their regular straight time hourly rate for all time at the drug testing facility. Should the sample return a negative result, the employee will be compensated for the rest of his scheduled shift that he was not allowed to complete at the applicable rate and will suffer no loss of pay for the time he has been off work waiting for test results. Should the sample return a positive result, the employee will not be compensated for the rest of his scheduled shift that he was not allowed to complete and for no additional time off.

ARTICLE I

RECOGNITION

Section 1. The Company hereby agrees to recognize the Union as the exclusive bargaining agent with respect to rates of pay, hours, and other conditions of employment for maintenance and operations employees of InDyne Inc. at Vandenberg Air Force Base, Santa Ynez Peak and Pillar Point, California, in the occupational classifications as certified by the National Labor Relations Board in Case No. 31-RD-362, but EXCLUDING analysts, technical writers, administrative assistants, engineering aides, draftsmen A, B, and C, illustrators, guards, professional employees, group leaders, foremen, office clerical employees, and supervisors, as defined by the Labor Management Relations Act of 1947, as amended.

ARTICLE II

MANAGEMENT RIGHTS

The management of the Company and the direction of the working forces are vested solely and exclusively in the Company and shall not in any way be abridged except as specific restrictions are set forth in this Agreement. The Company hereby retains the sole and exclusive control over any and all matters inherent in the operation, management, and administration of its business including, but not limited to: the determination of the location, relocation, or termination of any or all of its plants or facilities, including without limitations, the consolidation or merger of the Company's operations with that of any other division or subsidiary of InDyne, Inc. or any other firm or entity, the determination as to whether products, services, or any other work shall be made, purchased or subcontracted; the direction, instruction and control of employees;

including, but not limited to, the determination of the number and qualifications of employees to perform work; to maintain the efficiency of employees, the assignment of work or overtime; the right to hire, layoff, reclassify, promote, demote, transfer; discipline, suspend, and discharge for just cause, or retire under lawful conditions; the right to determine job content, and to create new job classifications, and to establish new rates of pay therefore; the right to determine the hours of work, the processes, methods and procedures to be employed; and the right to make and enforce reasonable rules and regulations, except as expressly and specifically limited by the terms of this Agreement.

The foregoing enumeration of management rights shall not be deemed to exclude other rights of management not specifically set forth, the Company, therefore, retaining all rights not otherwise specifically covered by this Agreement.

It is agreed that Local No. 986 may process any grievance resulting from the administration of this clause by the Company through the regular grievance procedure, and such grievance or grievances shall be settled upon the merits of the particular grievances.

ARTICLE III

AGREEMENT AGAINST STRIKES & LOCKOUTS

Section 1. Labor Actions. The Union hereby agrees that neither the Union nor any of the Company's employees forming part or all of the bargaining unit covered by this Agreement shall, directly or indirectly, authorize, assist, encourage, or in any way engage and/or participate in strikes of any kind against InDyne. For the purposes of this Agreement, the term "strike" shall include a slowdown, sit-down, stay-in, walkout, curtailment of work, interruption or stoppage of work, interference with work or receipt of shipment of goods or materials, picketing of any WROCI operations, customers, or sources of supply as a result of a strike as herein defined, boycott, or any other kind of activity which interferes with and/or interrupts the WROCI operations and activities.

The Company agrees that there will be no lockout during the term of this Agreement.

Section 2. Union Action/Support. The Union hereby agrees that it will immediately disavow through its duly designated officers and representatives any violation of Section I and will promptly take such affirmative action as is necessary to cause such activity to cease and desist and to effect an orderly return to work.

Section 3. Interruption. In the event there is any interruption of work, as defined above in the term "strike," the Company and the Union shall not consider the merits of that dispute, nor shall any arbitration proceed or continue on that matter until such time as the interruption has been terminated.

Section 4. Discipline. Any employee or employees who violate any term of this Article shall be subject to immediate discipline, up to and including discharge, by the Company, subject to the grievance procedure.

Section 5. Strike/lockout. This Article is a guarantee by each and both of the parties that there shall be no strike or lockout, as defined herein, during the term of this Agreement.

ARTICLE IV

UNION MEMBERSHIP

Section 1. Good Standing. Employees covered by this Agreement shall, on and after thirty-one (31) days from the effective date of this Agreement, and employees employed after the effective date of this Agreement, shall, on and after thirty-one (31) days from the date of employment, become and remain members of the Union as a condition of continued employment. If an employee has failed to maintain membership in good standing as defined in this Article, the Company, upon receipt of a written request from the Union, shall dismiss such employee, unless the employee becomes a member in good standing within two (2) weeks after receipt of said written notice to the Company. For the purpose of this Article, membership in good standing shall mean tender of the initiation fee and/or periodic dues uniformly required of all members.

Section 2. Authorization. Any employee who wishes to have the Company deduct the amount of an initiation fee or monthly Union membership dues from his pay for transmittal to the Union shall execute an authorization card to be furnished by the Union in the form prescribed.

Such authorization shall automatically cancel any prior deduction authorization executed by such employee.

The amounts of monthly Union dues and/or payments toward initiation fees will be certified to the Company in writing, from time to time, by the Secretary-Treasurer of the Local Union. A certification from said Secretary-Treasurer, which changes the amount of said dues, shall become effective no later than the first (1st) day of the month following a period of thirty (30) days from the date the Company received such certification.

Authorizations for deduction of dues, which are executed in the form prescribed on or after the effective date of this Agreement, may be revoked by an employee by a written notice to the Company and the Local Union by registered United States mail, return receipt requested, not less than ten

(10) working days prior to the expiration of each one (1) year period of authorization. Such revocation shall be effective with respect to the deduction which would otherwise have been made immediately after such revocation.

A newly executed authorization signed by the employee shall be required, if he desires to replace an authorization which deductions have terminated in accordance with the provisions hereof.

It is agreed that a written assignment of the following form (or in a form substantially the same as the following form) will be acceptable for the purpose of this Agreement:

CHECKOFF AUTHORIZATION

I hereby authorize my Employer, ______________ TO DEDUCT AND ASSIGN to Teamsters & Warehousemen Union Local No. 986, from my wages earned or to be earned by me, all initiation fees and dues in such amount as may hereafter be established by the Union and which becomes due to it, as my membership dues in said Union. I authorize and direct my employer to deduct such amounts from my wages each month and to remit the same to the Union.

This Authorization and directive shall be irrevocable for the period of one

(1) year from the date of signing, or until the termination of the Collective Bargaining Agreement between my employer and the Union, whichever occurs sooner. I agree and direct that this Authorization shall be automatically renewed, and shall be irrevocable, for successive periods of one (1) year each, or for the period of each succeeding applicable Collective Bargaining Agreement between my employer and the Union, whichever shall be shorter, unless written notice is given by me to my employer and the Union not more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one (1) year, or of each applicable Collective Bargaining Agreement between the employer and the Union, whichever occurs sooner.

This Authorization is made pursuant to the provisions of Section 302(c) of the Labor- Management Relations Act of 1947.

DATE

SIGNED:__________ SIGNATURE:_______________

DATE SOCIAL

HIRED: ___________ SECURITY NO:_____________

Section 3. Monthly Dues. The Union agrees to save the Company harmless for any action or actions commenced by any employee against the Company for any claim arising out of such deductions, and the Union assumes full responsibility for the disposition of the funds so deducted, once they have been turned over to the Union as above provided.

Unavoidable errors made by the Company in the deduction and/or remittance of monies under this Agreement shall not be considered by the Union as a violation of this Agreement.

Two deductions in respect to the current month's dues will be made from the wages paid in the first and second pay periods of each month, for the full amount of such dues, provided the authorization is received by the Company at least two (2) weeks in advance of the scheduled deduction period, and provided there is sufficient pay available to cover the same for the full amount authorized after all other deductions required by law or authorized by the employee have been made. If the scheduled deduction for the Union membership dues cannot be made that pay period, the full amount of the deduction will be made from the employee's pay in the next succeeding pay period in which there is sufficient pay. Deductions will not be made in respect to any prior month's dues except when the Company, through error or oversight, failed to make the deduction in any such month.

Within the two (2) weeks following the period in which the second deduction has been made, the Company shall deliver to the Union's Secretary-Treasurer a check for the amount due, drawn in favor of the Local Union, with one (1) list showing the names of employees from whose pay regular deductions have been made, a deduction has been made for the prior month, or no deduction has been made because of cancellation of authorization, revocation of authorization, termination, new hire, or insufficient earnings in the pay period.

ARTICLE V

UNION RESPONSIBILITY

Section 1. Binding. The Union agrees that this Agreement is binding on each and every member of the Union and that its members, individually and collectively, accept full responsibility for carrying out all of the provisions of this Agreement.

Section 2. Goodwill. The Union agrees to promote goodwill between the Company and its employees. In addition, the Company and the Union mutually agree to promote goodwill and a positive working environment between the parties.

ARTICLE VI

SUPPORT REQUIREMENTS

Section 1. Non-union. The Union acknowledges the responsibilities of the Company's operations as they are related to the support of United States Air Force objectives. The parties realize that the United States Air Force may, from time to time, make unusual and immediate demands in conjunction with support requirements. Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of its support requirements. Employees outside the Bargaining Unit shall not perform any work normally or regularly performed by Bargaining Unit employees, except for purposes of instruction, experimentation, development, and integration on new or modified equipment or programs, systems failure, and in emergency situations. For purposes of this provision, "experimentation" and "development" shall mean an engineering effort to determine feasibility of changing functions for performances of existing equipment in order to accomplish new requirements. Such work shall not be performed for the purpose of operating, maintaining, removing or installing station equipment.

This article shall not be used for the purpose of avoiding overtime payment or to deprive Bargaining Unit employees of Bargaining Unit work.

System level failures may be critical to the WROCI mission and as such have to be corrected on a priority basis. In this regard, InDyne, Inc.

must be prepared to respond with the appropriate corrective action and technical resources to correct system failure problems.

There is no intent to displace bargaining unit personnel or to avoid payment to bargaining unit personnel by utilizing nonbargaining unit personnel to correct system failure problems. Where appropriate, qualified bargaining unit personnel will be utilized in support of correcting system failures.

Deployment and use of non-bargaining unit personnel will be initiated when qualified bargaining unit personnel are not immediately available to do the work, either on site or through call-out, if deemed appropriate as determined by the Company, or when the work involved exceeds the capabilities of available bargaining unit personnel.

Section 2. Sub-contracting. Any decision to sub-contract work normally and exclusively performed by the bargaining unit, will be discussed with the Union in advance of the actual implementation to determine the impact on the membership. This is no way limits management from making a unilateral decision to sub-contract.

ARTICLE VII

GRIEVANCE PROCEDURE

Section 1. Complaints. In the event that any employee or employees have a complaint they shall have the right to verbally present the complaint directly or through their steward, to their immediate supervisor.

If the complaint cannot be settled within five (5) working days, and involves a matter subject to grievance procedure, it may be reduced to writing and processed in accordance with the grievance procedure

HEREINAFTER DESCRIBED.

Section 2. Time Limits. It is agreed that harmonious relations between the parties require the prompt handling and disposition of grievances. A written grievance must be filed within thirty (30) calendar days after the event occurs which gave rise to the grievance, or it will not be considered in the grievance procedure.

Grievances involving discharges, suspensions, layoffs, or recalls must be filed within five (5) working days after the event occurs which gave rise to the grievance, or they will not be considered in the grievance procedure. These grievances may be entered at the Third Step of the grievance procedure as described below. The company will give the union written notice within 24 hours of all discharges and suspensions.

In the case of a grievance involving loss of time or money, the Company shall not be required under any circumstances to make back payments for any period of time greater than the time limits set forth above for the filing of various types of grievances.

Saturdays, Sundays, and holidays shall not be counted in computing the due date for any decision or appeal therefrom. Time limits for grievance meetings at any step may be extended by mutual agreement of both parties. The union representative may request the grievant to be present during any step of the grievance procedures.

Section 3. Grievance Defined. A grievance is defined as a dispute between the Company and an employee or employees, involving the application or meaning of any provision of this Agreement, which is reduced to writing and filed for processing through the grievance procedure, and stating what Article of the Agreement has been violated. A grievance may also be filed when any employee is given an assignment which results in a violation of existing health laws, safety laws, or labor laws.

Section 4. Grievance Procedure. First Step. Shall be between the Supervisor and the Steward. The First Step meeting will be held within three (3) working days after the grievance is presented to the aggrieved employee's supervisor. Company and Union representatives will discuss the instant grievance and shall individually reduce the contents of said discussion to writing if they so elect. A written reply for the Company will be given to the Union within three (3) working days after the meeting. If this reply is not satisfactory, the Union may appeal to the next step of this grievance procedure, provided such appeal is made within three (3) working days after receipt of the supervisor's reply.

Second Step. Shall be between the Department Manager, or designee, for the Company, and the Chief Steward for the Union. A meeting will be held within five (5) working days after receipt of the grievance into the Second Step. A written reply for the Company will be given to the Union within five (5) working days after the meeting. If this reply is unsatisfactory, the Union may appeal to the next step of the grievance procedure, providing such appeal is made within five (5) working days after receipt of the Company's reply.

Third Step. Shall be between the Human Resources Manager, or his designee, and the Business Agent and Chief Steward for the Union. An International Representative may be present. A meeting will be held within ten (10) days of receipt of the appeal to Third Step. The Company shall make a reply in writing not later than ten (10) working days after meeting with the Union's representative. All Third Step decisions will become final and binding on all parties concerned unless the Union informs the Company within ten (10) working days from the date of such Company decision that it intends to submit the matter to arbitration.

Section 5. Precedents. A final decision made with respect to any grievance in the First or Second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent which shall bind the parties as an interpretation of the Agreement. All settlements must be consistent with the terms and conditions of this Agreement.

Section 6. Arbitration. Any grievance, which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure herein outlined may be submitted to arbitration within ten (10) working days of the receipt of the Third Step reply. The Company and the Union shall endeavor to agree upon an arbitrator, but if they are not able to agree within five (5) calendar days following the request for arbitration, either or both parties may request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The Union shall have the first opportunity to strike one (1) name on the list of five (5) after which the Company shall strike one (1) name, with the practice repeated by each party until one name remains on the list, who shall be the arbitrator.

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

The authority of the arbitrator shall be strictly limited to the interpretation or application of the existing terms of this Agreement, and all other matters are expressly excluded from arbitration. In no event shall the same identical question or issue be the subject of arbitration more than once. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement or any Agreement supplementing hereto.

The arbitrator shall have no power to establish wage rates, job classifications, or fringe benefits of any kind.

The decision of the arbitrator shall be rendered in writing, and he shall endeavor to render his decision within two (2) weeks after the conclusion of the hearing. The decision, when so made, shall be final and binding on all parties and they agree that they will abide thereby.

The cost of the arbitrator's services shall be borne equally by both parties. Each party shall bear the expenses and compensation of its own witnesses.

ARTICLE VIII

COMPANY SERVICE CREDIT

Section 1. Acquisition Of Company Service Credit. Each employee shall have Company service credit with the Company dating from the first date of his unbroken service. It is further understood that the contract is a continuation of all preceding Vandenberg contracts, and that the preceding contract(s) are considered the same, continuous contract for the purposes of determining original date of hire for union seniority, vacation, pay, and other service credits.

Section 2. Continuity of Service. The Company service credit and seniority of an employee will be broken under the following conditions, and when so broken, such employee shall be, for all purposes, considered a new employee if and when rehired:

1. Resignation or other voluntary termination of employment.

2. Discharge for just cause.

3. Absence in excess of three (3) consecutive working days, without notice, unless satisfactory evidence of inability to report is shown.

4. Unauthorized absence beyond the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report is shown.

5. Failure to report to work after layoff within ten (10) working days after the Company gives the employee written notice to return to such work, and failure to notify the Company of his intention to return to work within five (5) working days after such notice is given. Such notice shall be deemed to have been sufficiently given if sent to the employee, by registered mail, to the last address furnished to the Human Resources Department of the Company.

6. Layoff without recall for a period equal to the employee's length of service up to a maximum of twenty-four (24) consecutive months from date of such layoff.

ARTICLE IX

SENIORITY

Section 1. Acquisition of Seniority. New employees shall be considered on probation and shall not be entitled to seniority until they have completed their probationary period. The probationary period for employees hired into Labor Grades 1, 2, 3, 4, or 5 will be sixty (60) working days of continuous service credit. The probationary period for employees hired into Labor Grades 6, 7, 8, 9, or 10 will be ninety (90) working days of continuous service credit.

If an extension of the probationary period is required, the Union may grant such extension. Upon completion of said period of employment, the employee shall be considered a regular employee, and his seniority shall date from the start of the probationary period, and when thus established, will equal the employee's continuous service credit.

There shall be no requirement that the Company reinstate or rehire probationary employees if they are discharged during their probationary period, and no grievance shall be filed concerning any such discharge. In the case of a new hire, there shall be no requirement that the company reinstate or rehire probationary employees if they are discharged during their probationary period, and no grievance shall be filed concerning any such discharge.

Section 2. Computation of Seniority. Employees shall accumulate seniority by seniority location. When an employee is transferred from one seniority location to another, the employee's Bargaining Unit seniority will be transferred to a new seniority location, regardless of the previous seniority groups, sections, job families and/or occupational classifications, or different seniority locations the employee may have worked.

Occupational classifications have been grouped into job families as listed in Appendix A. Seniority locations shall be defined as separate Government bases, or subdivisions thereof, that may be determined by the Company and agreed to by the Union in the form of a supplemental seniority agreement applicable at that Base or that subdivision.

In the event of a transfer or a promotion from one occupational classification to another or from one seniority group to another, the employee shall be credited with his Bargaining Unit seniority in the new occupational classification and/or new seniority group into which he was transferred after completion of a period of time equivalent to the probationary period as listed in Section 1 above for the labor grade into which he is being transferred or promoted.

If, in the opinion of the Company, the employee is unable to fulfill the requirements of the job within the applicable probationary period or less, he shall be returned to his previous occupational classification and/or seniority group.

Section 3. Termination of Seniority. The seniority of an employee shall be lost under the same conditions which cause a break in Company continuous service credit as set forth in Article VIII, Section 2, of this agreement.

Section 4. Employees Promoted Out of the Bargaining Unit. An employee who has established seniority rights in an occupational classification within the Bargaining Unit, and who is subsequently promoted to a position within the WROCI not covered by this Agreement shall be deemed to have retained seniority rights in accordance with the provisions of this Agreement for a period of forty-five (45) working days from the date of such promotion. The forty-five (45) working day period may be extended by mutual agreement of the parties. If, in the opinion of the Company, it becomes necessary or advisable to return the employee to a position within the Bargaining Unit, all seniority rights acquired before such promotion will be restored.

Section 5. Layoff and Bumping. When the Company determines that a layoff is necessary at a seniority location, such layoffs shall be made by Bargaining Unit seniority within the specific occupational classification, job family, section, and seniority group affected at that seniority location, provided the senior employees have the ability to perform the work as determined by the Company. The employee with the least Bargaining Unit seniority in the lowest classification in the specific job family affected, shall be the first to be laid off and will be recalled in accordance with the provisions of Section 7. An employee subject to layoff under the foregoing may exercise bumping rights in the following order:

1. Displacement. Displace the employee with the least Bargaining Unit seniority that he is qualified to bump beginning with the least senior employee in any equal or lower rated occupational classification in a job family provided he has greater Bargaining Unit seniority than the employee being displaced, or displace the employee with the least Bargaining Unit seniority that he is qualified to bump beginning with the least senior employee in any equal or lower rated occupational classification in a job family in which he had at least three (3) months service with the Company, provided he has greater Bargaining Unit seniority than the employee being displaced and is qualified to perform the work of the employee being displaced, within a two (2) week period as determined by the Company, with the understanding that said two (2) week period may be extended by mutual agreement between the union and the Company.

2. Job Families. The employee who is then displaced may exercise his seniority as provided in Section 5, subparagraph 1, until an employee is laid off.

If a layoff takes place within one of the sections in a seniority group in an occupational classification in Job Family Sixteen (16 - TRS) or Job Family Twenty-four (24 - TAER), the employee with the least Bargaining Unit seniority in the section, occupational classification, and seniority group affected shall also have bumping privileges in the other job family.

Employees in these job families need not have at least three months service in the other job family to exercise seniority rights in such other family.

If a layoff takes place within one of the sections in a seniority group in an occupational classification in Job Family Thirteen (13 – Real Time Data Handling) or Job Family Thirty-one (31 – DC-90 Weather), the employee with the least Bargaining Unit seniority in the section, occupational classification, and seniority group affected shall also have bumping privileges in the other job family. This provision shall not apply to employees hired after 30 September 1993.

Employees may not exercise seniority rights during layoff in another job family at their seniority location except as provided above. In case an employee has three (3) months qualifying service in two (2) (or more seniority groups or job families, the employee may select which other seniority group or job family these rights shall be applied to, with the final determination made by the Company.

3. Job Families. Seniority locations are defined as (1) VAFB, and (2) Pillar Point. In the event that an employee at one (1) seniority location has exhausted his bumping rights at his seniority location in the same or equal level occupational classification, he may displace the least senior employee in an equal or lower occupational classification at the other seniority locations, if he is qualified to perform the work as determined by the Company, in accordance with the following:

An employee in Job Family Sixty (60 – Pillar Point Radars) shall have bumping privileges in Job Family Ten (10) and an employee in Job Family Ten (10 – VAFB Radars) shall have bumping privileges in Job Family Sixty (60 – Pillar Point Radars). Employees in these job families need not have at least three (3) months service in the other job families in order to exercise seniority rights.

An employee in Job Family Sixty-one (61 – Pillar Point Telemetry) shall have bumping privileges in Job Family Sixteen (16 – VAFB Telemetry) and an employee in Job Family Sixteen (16 – VAFB Telemetry) shall have bumping privileges in Job Family Sixty-one (61 – Pillar Point Telemetry).

Employees in these job families need not have at least three (3) months service in the other job families in order to exercise seniority rights.

An employee in Job Family Sixty-two (62 – Pillar Point Comm) shall have bumping privileges in Job Family Three (3 – VAFB Comm) and an employee in Job Family Three (3 – VAFB Comm) shall have bumping privileges in Job Family Sixty-two (62 – Pillar Point Comm). Employees in these job families need not have at least three (3) months service in the other job families in order to exercise seniority rights.

An employee in Job Family Sixty-five (65 – Pillar Point Logistics) shall have bumping privileges in Job Family Thirty-seven (37 – VAFB Logistics) and an employee in Job Family Thirty-seven (37 – VAFB Logistics) shall have bumping privileges in Job Family Sixty-five (65 – Pillar Point Logistics). Employees in these job families need not have at least three (3) months service in the other job families in order to exercise seniority rights.

An employee in Job Family Sixty-six (66 – Pillar Point CT) shall have bumping privileges in Job Family Fifty (50 – VAFB CT) and an employee in Job Family Fifty (50 – VAFB CT) shall have bumping privileges in Job Family Sixty-six (66 – Pillar Point CT). Employees in these job families need not have at least three (3) months service in the other job families in order to exercise seniority rights.

An employee in Job Family Sixty-seven (67 – Pillar Point Optics) shall have bumping privileges in Job Family Forty-five (45 – VAFB Optics) and an employee in Job Family Forty-five (45 – VAFB Optics) shall have bumping privileges in Job Family Sixty-seven (67 – Pillar Point Optics).

Employees in these job families need not have at least three (3) months service in the other job families in order to exercise seniority rights.

4. Bumping Seniority. The employee being laid off may displace the employee with the least bargaining unit seniority in any equal or lower rated occupational classification in a job family in which he had at least three (3) months service with the Company, provided he has greater bargaining unit seniority than the employee being displaced and is qualified to perform the work of the employee being displaced, as determined by the Company.

Under no circumstances shall an employee at one seniority location be permitted to exercise seniority rights at another seniority location, if he can bump an employee in the same or equal level occupational classification at his own seniority location (see Article 9, Section 5 #3).

It is understood that any employee exercising seniority rights from one seniority location to another shall be at the employee’s expense.

5. 24 Hour Notice. Employees must notify the Company, in writing, of their intention to exercise bumping rights, within twenty-four (24) hours of the Company's layoff notice. An employee so displaced may similarly exercise his rights of displacing another employee, in accordance with the same criteria, it being understood, however, that the initial and resultant "bumps" must occur simultaneously, so that there will be no delay in the layoff procedure. No employee may "bump" another employee in a higher-graded occupational classification.

In case of layoff involving employees with seniority rights, the Company will give not less than two (2) weeks notice of contemplated layoffs to the employees affected and to the Union.

Where, however, such notice is not feasible the Company will notify the employee and the Union promptly as possible and give, in lieu of said notice, up to two (2) weeks pay, not to exceed eighty (80) hours, at the employee's straight-time hourly base rate. The Company will give the Union two (2) working days prior notice before issuing a two (2) week layoff notice.

Employees accumulate seniority while on layoff up to a period of twenty (20) months, providing this period does not exceed their length of active service with the Company.

Section 6. Seniority Groups. Appendix A includes the separate seniority groups, sections, job families, occupational classifications, and seniority locations which will be used for purposes of layoff.

Section 7. Recall. For the purpose of reinstatement, all laid off employees shall be recalled in the following order:

1. Laid off employees who are classified in the specific occupational classification in the seniority group in which recalls are being made, in inverse order of layoff. A maximum of five (5) laid off employees will be offered recall for one (1) vacancy at any given time. It is understood that the most senior of such employees who accept reemployment within the time allowed will be reinstated. Those laid off employees who are offered recall and who fail to make application for reinstatement for a position of equal labor grade to the one held at time of layoff, within the time limit specified below, will lose all recall rights.

2. Prior to hiring new employees, the Company will consider laid off employees, who it determines may be capable of performing the work, who have no seniority rights within the seniority group and job family where the vacancies occur. Notifications of openings for reemployment shall be given by the Company to the last mailing address furnished by the employee, by registered or certified mail. Within five (5) (working days after such notice is received the laid off employee must advise the Company whether he accepts reemployment. If no reply is received by the Company within five

(5) working days after notice is sent, the next employee on the seniority list may be notified.

Section 8. Transfers of Employees When a Seniority Group is Discontinued. The Company shall coordinate with the Union prior to establishing, modifying, or eliminating seniority groups or job families. If an existing seniority group is eliminated, employees so affected shall be reassigned as follows:

1. Into the group or groups which succeed the discontinued group.

2. If, as determined by mutual agreement between the Company and the Union, the employee is qualified to work in a seniority group other than that in which he has established seniority, he may displace the least senior employee in an equivalent or lower-rated occupational classification in such other seniority group, provided he has greater bargaining unit seniority than the employee he is displacing. An employee exercising seniority rights under the foregoing may be displaced by an employee previously laid off or displaced from such other seniority group.

Section 9. Cross Utilization. Each employee shall have his regular job family and seniority group designated in the seniority file and basic seniority rights in that job family and seniority group. Employees may be assigned, and will perform, any duties in a Seniority Group, Seniority Section, or Job Family, irrespective of which Seniority Group, Seniority Section, or Job Family normally performs the duties.

The Company will only make such assignments when it is determined that the employee assigned is qualified and able to perform those duties, and that the performance of those duties does not pose a threat to the employees safety. A reasonable good faith effort will be made to use available people with skill and grade matches closest to the work to be performed.

Supervisors may search outside of their areas of responsibility for people with matching skills and grades. Supervisors are not required to redistribute current work assignments to accomplish this matching. No employee will be disciplined for work failure issues when they are being cross-utilized out of their primary job classification.

The Company guarantees that the use of cross-utilization will not result in the layoff of Bargaining Unit personnel for the duration of this contract with the Air Force. While it may occasionally be a by-product of cross utilization, it is not the intent to use this Article to avoid overtime.

Training shall be provided as required for job performance.

Section 10. Shift Preference. When a vacancy exists on any shift, or in the formation of any new shift, preference in filling such vacancy shall be granted on a seniority basis, where consistent with efficient operations. The Company shall consider first preference to employees in the section and occupational classification where the vacancy exists.

Section 11. Vacation. Preference for taking vacation shall be granted on a seniority basis where consistent with efficient operations. In order to exercise seniority for vacations, vacation requests must be submitted thirty

(30) days prior to the new calendar year.

Section 12. Promotions. Before employees are hired from the outside to fill vacancies in all occupational classifications, it is the intention of the Company to promote from within the bargaining unit if available employees have the skill and ability necessary to do the work, as determined by the Company. In such instances, performance, experience, and seniority shall be factors. It is understood that the Company will make the final determination relative to promotions, subject to the Union's right to the grievance procedure.

Section 13. Steward Seniority. All stewards shall have top seniority within their job family, section, and seniority group at their seniority location during the time they officially remain in that capacity and shall not be laid off without prior approval of the Union, provided that work is available which they are capable of performing.

Two (2) Chief Stewards shall at all times have top seniority over any other steward in their respective departments. This section shall apply only in the case of layoff.

Section 14. Seniority list. The Company shall supply the Union with a Seniority List of the employees covered by this Agreement, on a semiannual basis. A current seniority list will be provided to the Union when notice is given for any layoffs.

ARTICLE X

HOURS OF WORK & OVERTIME

Section 1. Workweek. Eight (8) hours, in a twenty-four (24) hour period, shall constitute a basic workday. Split shifts shall not be worked unless agreed to by the Company and the Union. The workweek shall consist of seven (7) consecutive days, beginning with a day designated by the Company. The normal workweek shall begin at 12:00 midnight Sunday, and end at 12:00 midnight the following Sunday.

The normal workweek shall consist of five (5) consecutive days of eight (8) hours each, and each employee shall be granted two (2) consecutive days off during each workweek, except when an odd workweek or a different pattern of days off is required when work requirements necessitate a change in workweek or splitting of consecutive days in a workweek. The employee shall receive a minimum of two (2) weeks notice before being assigned to a split workweek.

Except as related to the support of the United States Air Force objectives, the following defines an employee’s regular start times. The first shift shall commence between the hours of 6:00 a.m. and 8:00 a.m.; the second shift shall commence between the hours of 3:00 p.m. and 5:00 p.m.; and the third shift shall commence between the hours of 11:00 p.m. and 1:00 a.m..

The Union will be notified by the Company of any deviations from the above defined shift start times.

Any change to the normal workweek, splitting of consecutive days off, and scheduled start times will be coordinated by the Company with the Union before the changes are implemented. Nothing in this Article shall be construed as a guarantee of hours per day or per week.

Section 2. Government Vehicles. Employees assigned temporarily to other work stations shall be provided a vehicle by the Company, or be compensated for the use of their personal vehicle at the AF InDyne, Inc, WROCI standard mileage rate, when a vehicle cannot be provided by the Company.

Assigned work stations for employees who are transported to their work site by Government vehicle will be as follows:

Tranquillon Peak employees at the SVAFB parking lot.

Remote Radar (ARSR) employees at SVAFB parking lot.

CT #3 employees at SVAFB parking lot.

TRS employees at SVAFB parking lot.

Santa Ynez employees at Bldg. 657, SVAFB.

FMS employees will have a vehicle available to transport them to and from the SVAFB parking lot. It is understood that FMS employees who elect to utilize such transportation service are not eligible for compensation while in said travel status.

Section 3. Overtime and Premium Pay. The compensation for all employees shall be subject to the following conditions: one and one-half (1-1/2) times the base hourly rate shall be paid for all hours worked in excess of eight (8) hours in any one (1) work day or forty (40) hours in any one (1) work week. All hours worked in excess of twelve (12) hours in any continuous work period shall be paid at twice the base hourly rate.