Exhibit_D _CBA_Between_ATA_and_Intl_Guards_Union_of_America.pdf

Duration 31 March 2014 – 30 September 2015

Agreement Between

Aerospace Testing Alliance and

Local No. 46 International Guards Union of America Tullahoma, Tennessee

Arnold Security Forces

I G U A

CONTRACT

between

Aerospace Testing Alliance (ATA) and

Local No. 46

International Guards Union of America

Tullahoma, Tennessee

TABLE OF CONTENTS

ARTICLE I. PURPOSE AND APPLICATION OF

CONTRACT

Section 1. Purpose Section 1a. Application Section 2. Duration Section 3. Legal Application Section 4. Equal Employment Opportunity Section 5. Protective Security Section 6. Proprietary Information Section 7. Continuity of Operations Section 8. Labor and Management Commitment

ARTICLE II. RECOGNITION

Section 1. Company Recognition Section 2. Union Recognition Section 3. Definition of Employees Section 4. Union Officers and Committees Section 5. Anti-discrimination Section 6. Checkoff of Union Membership Dues Section 7. Commitment to Continuous Improvements

ARTICLE III. GRIEVANCE AND ARBITRATION

PROCEDURE

Section 1. Discussion Section 2. Grievance Procedure Section 3. Time Limits Section 4. Pay for Grievance Time Section 5. Arbitration Procedure

ARTICLE IV. SENIORITY

Section 1. Seniority Classifications Section 2. Loss of Seniority Section 3. Probationary Employees Section 4. Seniority List Section 5. Layoffs Section 6. Recalling Section 7. Seniority During Absences Section 8. Bids for Shifts and Scheduled Days Off i

ARTICLE V. HOURS OF WORK AND OVERTIME

Section 1. Definitions Section 2. Normal Hours Section 3. Work Schedules Section 4. Reporting for Work Section 5. Lost Time Section 6. Pyramiding of Overtime Section 7. Assigning and Posting Overtime Section 8. Offsetting Overtime Section 9. Time and One-Half Section 10. Call-In

ARTICLE VI. EMPLOYEE BENEFITS

Section 1. Voting Time Section 2. Jury Duty Section 3. Funeral Leave Section 4. Holidays Section 5. Group Insurance Section 5a. Life Insurance Section 6. Severance Allowance Section 7. Retirement Plan Section 8. Savings Plan Section 9. Sick Leave Allowance Section 10. Company Service Date

ARTICLE VII. VACATIONS

ARTICLE VIII. WAGES

Section 1. New Hires Section 2. Wage Increases Section 3. Shift Differential Section 4. Saturday and Sunday Premium Pay Section 5. Demotion Section 6. Overtime Lunches Section 7. Pay Day

ARTICLE IX. SAFETY

Section 1. Protective Equipment Section 2. Good Housekeeping Section 3. Labor-Management Safety Committee Section 4. Safety Instructions ii

ARTICLE X. PHYSICAL EXAMINATIONS

Section 1. Physical Examinations Section 2. Ability to Work After Injury, Illness, or Physical Impairment Section 3. Extended Disability

ARTICLE XI. GENERAL

Section 1. Bulletin Boards Section 2. Work Performed by Supervisor or Other Personnel Section 3. New or Revised Classifications Section 4. Job Posting and Filling of Vacancies Section 5. Uniforms Section 6. Work Assignments Section 7. Inspection of Security Forces Lockers Section 8. Work Performed on a Holiday Section 9. Military Service Section 10. Leaves of Absence Section 11. Personal Grooming Standards Section 12. Physical Fitness

APPENDIX A

Utilization of Casual Security Force Officers

APPENDIX B

Alcohol and Drug Testing Program Section 1. Definitions Section 2. Policy Section 3. Alcohol Testing Section 4. Drug Testing Section 5. Promotions and Transfers

APPENDIX C

APPENDIX D

Physical Fitness Program Drug Free Workplace Program iii

Memorandum of Understanding

Test Post Relief Overtime Provisions Re-opener Agreement Utilization of Temps and Casuals (T/C) for Replacement of Employees on IDP or W/C Sick Leave Usage Agreement

Letter of Commitment

Bereavement Leave ATA / IGUA Contract Wage Schedule Alphabetical Index Calendars Notes iv

CONTRACT

This contract is made and entered into by and between ATA/AEDC, its successors or assigns (herein referred to as the Company) and Local No. 46, International Guards Union of America (herein referred to as the Union).

ARTICLE I

PURPOSE AND APPLICATION OF CONTRACT

Section 1. Purpose. The purpose of this contract is to set forth the complete agreement between the Company and the Union as to the rates of pay, hours of work, and other conditions of employment to be observed by the parties, except as it may be amended hereafter by written mutual agreement of the parties.

Section 1a. Application. This contract applies to the employees in the recognized bargaining unit located at the Arnold Engineering Development Complex, Arnold Air Force Base, Tennessee, for those Security Force operations contracted to the Company by the United States Air Force.

This contract applies to those wage employees of ATA who are permanently assigned to Arnold Air Force Base, TN whether they are temporarily assigned to work inside or outside the confines of the Arnold Engineering Development Complex, Arnold Air Force Base, Tennessee.

1b. This Agreement contains all the conditions agreed upon and effective between the Company and the Union, and supersedes all previous agreements, collectively or individually, between the Company and the Union.

No agent or representative of either party has the authority individually to alter or to modify the Agreement. Any modification of the Agreement will be made only by the mutual consent of both parties in writing.

Section 2. Duration. Except as it may be amended hereafter by written mutual agreement of the parties, this Contract will become effective at 10:30 p.m. on March 31, 2014 and will continue in effect until 10:30 p.m., September 30, 2015.

If at any time during the provisions of this contract, the Company is directed by the government to cease to perform under government contract F40600-03-C-0001 or the government elects not to exercise an option extending performance of this contract, this collective bargaining agreement will automatically terminate at the same time that the company’s government contract terminates or ends, and the rights and obligations of both the Union and the Company hereunder will automatically cease except with reference to those employees covered herein who will remain in the employ of the Company for the purpose of performing work arising from the termination provisions the Company’s contract with the United States Air Force, and as to such employees this contract will continue in effect until termination of employment of such employees.

Section 3. Legal Application. Should any provision of this Agreement or any application thereof become unlawful by virtue of any federal or state law, or Executive Order of the President, or Governor of the State, or final adjudication of any court of competent jurisdiction, the provision, or application of such provision, of this Agreement will be modified by the parties hereto to comply with the law, but in all other respects, the provisions, and applications of provisions, of this Agreement will continue in full force and effect for the life thereof.

Section 4. Equal Employment Opportunity. The Company and the Union agree to provide equal employment opportunity and affirmative action. The Company and the Union will comply with Executive Order 11246 and Title VII of the Civil Rights Act and the Vietnam Era Veterans Readjustment Act of 1974, and will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, veteran status, or presence of a disability or handicap in connection with employment, demotion, upgrading, promotion or transfer, recruitment or recruitment advertising, rates of pay or other forms of compensation, selection for training including apprenticeship, and layoff or termination.

Section 5. Protective Security. The Union and the Company agree that they will do their utmost to protect the security of classified information and will not reveal such information to any person not specifically cleared for such information by the United States Government and not specifically identified for access to that information on a need to know basis. No person will be cleared for such information except where the information is necessary for performance of work desired by the United States Government.

It is recognized that the Company has agreed not to employ any person designated by the United States Government whose employment is considered prejudicial to the Government and to remove from work and exclude from the Arnold Engineering Development Complex any person whose continued employment is deemed by the United States Government to be prejudicial to the United States Government.

Furthermore, all members of the Union, the Company and all employees of the Company are required to comply with all protective security regulations now in effect or as may be promulgated by the United States Air Force.

The Arbitrator provided for in Article III, Section 5 of this Contract will not make any decisions that conflict with security regulations adopted by the United States Air Force.

Section 6. Proprietary Information. The Union and the Company agree that they will do their utmost to protect proprietary information. This includes Company management information which, if released, could have adverse impact in the Company's competition for contracts.

Section 7. Continuity of Operations. There will be no strikes, lockouts, or work stoppages of any nature. The Union guarantees to support the Company fully in maintaining operations in every way. Participation of any Company employee or employees in an act violating this provision in any manner will constitute cause for immediate discharge by the Company.

If it is contended that the discharged employee did not violate this Article of the Contract, the Union may, within two (2) days after the employee is discharged, contest the discharge by filing a grievance initially in the third step of the grievance procedure. The grievance will also be subject to arbitration in accordance with Article III, Section 5.

Section 8. Labor and Management Commitment. The parties recognize the changing work environment and the need to mutually respond and take advantage of the opportunities offered by the changing operating conditions. In view of this, the parties are committed to work with an employee involved work system and maintain an environment of trust and respect throughout the continual use of this nontraditional approach to labor contract administration. To ensure continuous cooperation and teamwork, the parties agree to meet on a regular and frequent basis to address and deal with any topics, including contract provisions that may arise.

Gender Neutral. Whenever the male gender is used in this agreement, it will also refer to the female gender.

ARTICLE II

RECOGNITION

Section 1. Company Recognition. The Union recognizes that the Company will exercise exclusive management of the Security services of the Company at the Arnold Engineering Development Complex, Arnold Air Force Base, Tennessee, and the Company will have the exclusive right to select, assign, and direct the working forces, including the right to determine job content and qualifications of employees to perform work, and the right to adopt and enforce reasonable rules and regulations for efficient operations, provided that the Union rights set forth in this contract, including the use of the grievance procedure and arbitration, will not be abridged, curtailed, or modified by this section.

This Contract defines the workday, workweek, rest days, and regular work schedules, and the manner in which these affect payments made to employees.

Section 2. Union Recognition. The Company recognizes the Union as the exclusive Bargaining Agent with respect to rates of pay, wages, hours and other conditions of employment for all hourly paid Security Force personnel employed by the Company at the Arnold Engineering Development Complex, Arnold Air Force Base, Tennessee, including Security Force Lead Officers, Security System Administrator/Armorer and excluding all other employees.

Augmentees (the utilization of who is described in Article XI, Section 2) are also excluded from bargaining unit representation.

No outside business activities will be conducted at AEDC, and no employee may perform work for another contractor / subcontractor currently engaged in work at AEDC.

Section 3. Definition of Employees. The term ‘‘employee” as used herein will mean any person represented by the Union as described in Section 2 of this Article.

Casual employees may be used; subject to the guidelines set forth in Appendix A. Temporary employees may also be hired.

A temporary full-time assignment will not continue beyond six

(6) months, unless the assignment is to replace a regular fulltime employee, who is absent because of personal or occupational illness or injury.

Any break in temporary service, excluding temporary assignments as replacements for regular fulltime employees absent due to personal or occupational illness or injury, will be at least four (4) weeks, unless agreed to by the Business Agent. If a temporary assignment continues or is projected to continue beyond a six (6) month period without a four (4) week break in service, the job, if still needed as determined by the company, will be posted and temporary employees will be considered, for a new regular full-time job or vacancy after the posting procedure has been exhausted.

Temporary openings will first be offered to casuals. Casual employees must meet and maintain the minimum requirements that are placed upon regular Security Force personnel. The pool of casual employees will be ten (10) but if there is a national emergency or disaster, the Company and Union will meet to discuss expanding the pool.

Casual employment will first be offered to Security Force personnel in layoff status without loss of recall rights.

Employees in layoff status who refuse casual employment will retain their recall rights.

No current active employee will be laid off to accommodate casual employees.

The Company will have the right at all times to staff the pool of casual employees with individuals who fully meet the Company's call-in requirements.

Casual and temporary employees will be paid the minimum new hire rate and will not be entitled to receive any paid absences, holidays (unless scheduled to work on a holiday), or fringe benefits under this Agreement.

Temporary and casual employees scheduled to work on a holiday will receive premium (holiday) pay. Regular full time employees will be given preference for work on a holiday.

RFT's and temps / casuals may trade shifts for work on a holiday if approved in advance.

Regular full-time employees will be given preference for overtime consideration of hours which would be overtime for both the temporary or casual employee and the regular employee, but this priority consideration does not extend beyond a total of twelve (12) continuous hours of work unless both have worked twelve (12) hours.

Section 4. Union Officers and Committees. The Company agrees to recognize three (3) properly certified Union stewards for the purpose of representing employees in the grievance procedure. The Company also agrees to recognize a Union Grievance Committee, not to exceed two (2) members, including the Business Agent. The Union Grievance Committee will function in the adjustment of a grievance in Step Three (3) described in Article III, Section 2.

The Union will notify the Company in writing of any changes of the Stewards, Union officials or committee members.

Employees who are officers in the Union, stewards or Union committee members will not engage in Union activities during working time except when properly authorized by supervision.

Section 5. Anti-discrimination. There will be no discrimination, interference, restraint, intimidation, or coercion against any employee because of membership or non-membership in the Union by the Company, and the Union likewise agrees that there will be no discrimination, interference, restraint, intimidation, or coercion against any employees by the Union or by any of its agents due to membership or non-membership in the Union.

Section 6. Checkoff of Union Membership Dues. Upon receipt of written authorization from an employee on Form

GC-3, the Company will deduct Union membership dues monthly from the wages of each employee. Such dues will be deducted on the last pay day of each month.

The Company will remit such Union dues to the proper official designated by the Union. It is understood that any authorization for payroll deduction will be voluntary on the part of the employee, and may be cancelled by the employee within a fifteen (15) day period immediately preceding June 1 of each year by written notification to the Company with a copy to the Union.

There will be no solicitation for membership or collection of dues on Company time.

Section 7. Commitment To Continuous Improvements.

The parties agree that joint committees that foster employee participation are permissible under this agreement. It is not the Company's intent that any jobs will be lost as a result of productivity improvements, but in the event that layoffs are necessary, they will be governed by Article IV, Section 5 of this agreement.

ARTICLE III

GRIEVANCE AND ARBITRATION PROCEDURE

Section 1. Discussion. Any employee, having a complaint, will discuss the matter that the employee feels requires adjustment with the employee's immediate supervisor. This discussion must occur prior to the processing of a grievance.

Section 2. Grievance Procedure. Any grievance arising under the terms of this Contract or an alleged violation thereof will be handled in the following manner:

Step 1. The employee, who may be accompanied at his discretion by a Steward, will first take up the grievance with the Security Force Operations Officer or designee. Any grievance not presented within seven (7) working days after the action of the Company giving rise to the grievance will not thereafter be considered. Upon receipt of the first-step grievance, the Security Force Operations Officer or designee will be allowed a maximum of five (5) working days to resolve the grievance.

Any such first-step grievance not answered by the Security Force Operations Officer or designee, at the end of five (5) working days following its filing at the first-step will be considered denied and the Steward may thereafter refer the grievance to Step 2.

Step 2. If processed to this step, the grievance will be reduced to writing on a form mutually agreeable to the Company and the Union and submitted by the Union to the Security Forces Chief, or designee, who will hold a hearing within five (5) days after receipt of the form with the aggrieved employee or employees and the Business Agent. An answer will be given in writing to the Union within five (5) days after the hearing.

Failing satisfactory adjustment, the matter may be referred to Step 3. In order to expedite the procedure, grievances settled in the first step or second step of the grievance procedure will not be held as establishing precedent for future grievances.

Step 3. If processed to this step, the grievance will be referred to the Labor Relations Administrator or designee for a final hearing and possible settlement by designated Company representatives and the Union grievance committee. A hearing will be held within seven (7) days after requested. An answer will be given in writing addressed to the Business Agent within fifteen (15) days after the hearing.

Step 4. If the grievance is not settled in Step 3, within seven

(7) working days, the parties may mutually agree to submit the grievance to non-binding mediation. The selection of the mediator will also be by mutual agreement. The mediator assigned will not have the authority to alter, vary or add to the terms of this Agreement. If settlement is not reached the grievance may be referred to arbitration in accordance with Section 5 of this Article. Time limits set forth in this Article will be considered mutually extended while utilizing mediation.

It is understood that the provisions of the Labor-Management Relations Act will be applicable to the above-described grievance procedure.

Section 3. Time Limits. Any grievance not taken up with supervision within seven (7) days after the occurrence of the incident complained of cannot be processed through the grievance procedure.

A grievance will be considered settled if the decision of the Company is not appealed to the next higher step in the above procedure within seven (7) days after a decision has been rendered by the Company. All time limits noted in this Article are exclusive of Saturdays, Sundays, and holidays. Extensions may be made by mutual agreement.

On grievances involving monetary items, time limits do not begin until checks covering said alleged violations are received by the employee.

The Union's failure to carry a grievance from one step to another or to arbitration will be without prejudice to its right to process the same subject matter, although not the very same case, in another grievance.

In the event an employee is to be discharged for cause, the Company will notify the Union Business Agent or the Business Agent's designee if the Business Agent is not readily available.

If the employee does not agree, then the employee may within five (5) days file a grievance in the third step of the grievance procedure.

Section 4. Pay for Grievance Time. Stewards and employees who are members of the Union Grievance Committee may assist in the settling of grievances under this Article, without loss of pay, provided they arrange with their supervisor to leave work for the purpose of handling a grievance.

For night shift employees, grievance hearings will be scheduled during their regular working hours. Members of the Union Grievance Committee will not receive pay for attending grievance hearings held at times other than during their regular working hours.

With proper approval (Human Resources Department), members of the grievance committee will be able to meet on the clock without loss of pay in order to assist in the settling of grievances after the third step.

Section 5. Arbitration Procedure. Any controversy which has not been satisfactorily adjusted under the grievance procedure and which involves:

a. the discharge or suspension of an employee, or

b. the interpretation or application of the provisions of this Contract, or

c. an alleged violation of the Contract may be submitted for settlement to an arbitrator within fifteen (15) working days after the final action taken under the third step of the grievance procedure.

The parties will request a list of no less than five (5) names from the active members of the Federal Mediation and Conciliation Service (FMCS) roster for each arbitration case.

The parties will alternate striking names from the list until one arbitrator's name is left. This will be the arbitrator for the case.

Each party will bear its respective expenses, and the expenses incident to the services of the arbitrator will be borne equally by the Company and the Union.

The arbitrator will be requested by the parties to render a decision within fifteen (15) days after the arbitration hearing or receipt of briefs, whichever is later. The decision of the arbitrator will be final and binding on both parties.

The Arbitrator will not have the power to add to, disregard, or modify any of the terms of this Contract or to base a decision on any past practice which is inconsistent with the provision of this agreement.

When either party receives the list of arbitrators, they will contact the other party and inform them of such receipt. If an arbitrator is not selected within thirty (30) calendar days of such contact or a new list of arbitrators is not requested, the grievance will be considered withdrawn.

ARTICLE IV

SENIORITY

Section 1. Seniority Classifications. The seniority of each employee is the employee's relative position with respect to other employees within the job classification based on the employee's date of hire, rehire or transfer date into the Bargaining Unit, whichever is later. "Job Classification," is a specific job title within the bargaining unit.

On and after March 31, 2014, the lowest last four digits of the Social Security Number (SSN) will determine the greater seniority for same date hires, rehires, or transfers.

In the event there is a tie with the last four digits of the SSN, use the lowest preceding number until the tie is broken.

Section 2. Loss of Seniority. Seniority will be lost by an employee under the following circumstances:

a. When the employee is discharged by the Company, unless later reinstated under the grievance procedure.

b. When the employee quits the service of the Company upon the employee's own volition.

c. When laid off for a period exceeding thirty-six (36) months without being recalled.

d. When an employee overstays the employee's authorized leave of absence without notifying the Company and receiving an extension of time.

e. When an employee does not properly report when recalled from layoff, as set forth in Section 6 of this Article.

f. Three (3) months after the employee is promoted or transferred out of the Bargaining Unit

Section 3. Probationary Employees. A new regular employee will be considered a probationary employee for the first six (6) calendar months of employment in a single job classification (the six (6) months of service must be consecutive). Upon the new regular employee being assigned on a shift, the new employee will be placed on the overtime chart and assigned in accordance with established procedures, given the same consideration for overtime as all other full time employees and adjust his/her overtime hours equal to the high person in the job classification on that shift which he/she is assigned. At the end of six (6) months, if the employee is retained, the employee's name will be placed on the seniority list.

The probationary period may be extended by mutual agreement of both parties. The employee's seniority will start from the last date of hire.

Probationary employees are subject to work eight (8) hours, exclusive of a thirty (30) minute lunch period during their initial proficiency training. Normally, the minimum training period will be eighty (80) hours and the employees may be assigned to work any of the established shifts during this period.

In the event of discharge of a probationary employee, the Business Agent will be notified of the reason for said discharge.

The termination of employment of an employee during the probationary period will not be subject to the grievance procedure.

Section 4. Seniority List. The Company agrees to compile and furnish, at four (4) month intervals to the Union, copies of a seniority list showing the seniority of each employee in the bargaining unit. Employees will have fifteen (15) days following the posting of the seniority list, or following return from leave or vacation, to raise objections as to the correctness of the list.

Section 5. Layoffs. When decreasing the work force, probationary employees will be the first to be laid off from the affected seniority group (including Lead and Security Force Officer). When it becomes necessary to layoff employees from a seniority group, employees with the least seniority in the affected seniority group (including Lead and Security Force Officer) will be laid off first. Security System Administrator/Armorer will be assigned to a separate seniority group by themselves.

If the number of employees in the lead classification is reduced, the affected employee's would have the right to return to the Security Force Classification, provided his seniority exceeds that of an employee in the classification and he meets the necessary qualifications to perform the work. In the event a reduction in force occurs in the lead classification, the affected employee's will have return rights to the lead classification in the event future openings occur for a period not to exceed one

(1) year. This same provision applies to the Security Systems Administrator/Armorer classification.

Section 6. Recalling. Recalling will be in reverse order of layoff in a seniority group subject to satisfactory qualifications to perform the work. Supervisors will not be demoted to a Security Force position when there are Security Force personnel with rights under this Article to be recalled.

Employees being recalled shall be notified by telephone and e-mail if provided. If telephone or e-mail contact cannot be made, the employee shall be notified by certified mail, mailed to the last address on record in the Company’s files. A copy of the recall notice will be sent to the Union. If the Company does not receive a reply from the employee to said letter within six (6) days from the date of its delivery, as verified via electronic Postal Service records in which the employee agrees to report for work within two (2) calendar weeks after he has received said notification, or if the Post Office returns said letter to the Company because the addressee has moved, or the employee does not report for work on the date he agreed to report as provided in this section, the employee will be considered to have forfeited all recall rights, unless these time limits are extended by the Company.

In case of an emergency, the Company may temporarily fill any vacancy.

Laid off employees who are offered jobs of less than forty-five

(45) calendar days duration by the Company will not lose their seniority if they do not accept the offer.

Qualified employees may be hired while laid off employees are being recalled.

Section 7. Seniority During Absences. Employees will continue to accumulate seniority when absent due to occupational illness, occupational accident, or personal illness of a continuous period of twenty - four (24) months.

Seniority will also be accumulated during leaves of absence granted in accordance with Article XI, Section 11 of this Contract, and for approved leaves of absence for other personal reasons not in excess of thirty (30) days.

Section 8. Bids for Shifts and Scheduled Days Off. On the first Monday in April and the first Monday in October, provided no schedule bid has occurred in the ninety (90) days prior to the April or October date and any time a change in a work slot or scheduled rest day is projected to exceed thirty (30) calendar days, the Company will post a work schedule indicating the shifts and rest days available for assignment, provided no schedule bid has occurred in the ninety (90) days prior to the last schedule bid.

During this process, the Company reserves the right to move employees from one work shift to another one based on seniority of employees assigned to each shift to meet operational requirements.

A seniority list will be posted with the work schedule. It is further understood that vacation bids will be done on the first Monday in April and October and remain in effect even if shift re-bid occurs as outlined above.

Assignments to sections, shifts, and scheduled rest days will be in order of seniority. The senior one-third (1/3) will have the first four (4) days to make their selection. The next senior one-third (1/3) of the Security Force employees will have the next four (4) days to make their selection. The least senior one-third (1/3) Security Force employees will have the last four (4) days to exercise their bid selection.

Employees not bidding within their time allotment will forfeit their bid unless on an approved absence. Such employees will make their bid known to their shift steward or some other Union official who will post their bid for them. At the end of the twelve-day (12) bid period, the new work schedule will become effective within two (2) weeks after the close of the bidding period.

The Business Agent will have the first bid for shift choice, but seniority will govern for choice of days off. If the Business Agent vacates his position, his bid will be in accordance with his seniority. However, the office of Business Agent has no affect on seniority in the event of layoff.

Bids for shifts and scheduled days off for lead personnel will continue to be determined by seniority but management reserves the right to determine work assignments on each shift.

If implemented, assignment to the boat patrol and woods patrol requiring specific qualifications will be made by the Chief, Security Forces, without regard to seniority or shift bidding procedures.

Their duty hours, rest days and workdays may be changed as necessary to accommodate mission requirements.

ARTICLE V

HOURS OF WORK AND OVERTIME

Section 1. Definitions.

a. The Company-established workweek for all employees will be a seven (7) day period beginning with the earliest posted, regular starting time of the calendar Sunday night shift.

b. An employee's workweek will consist of five (5) days of work (eight [8] consecutive hours each day) and two (2) rest days within the established workweek.

The employee's rest days must be consecutive (except when the employee voluntarily changes shifts) but may fall in two (2) different workweeks.

c. An employee's work schedule is the days and hours an employee is scheduled to work within the employee's established workweek, in accordance with Section 3 of this Article.

d. The workday for all employees is a period of twenty-four (24) consecutive hours starting at the time the employee is scheduled to begin work on the first workshift in the established workweek. Each succeeding workday is a twenty-four (24) hour period.

e. The employee's straight-time rate is the rate of pay per hour exclusive of shift differential, overtime premium, and other forms of remuneration. The regular rate is the rate of pay per hour including applicable shift differential, but excluding overtime premium and other forms of remuneration.

Section 2. Normal Hours.

a. The day shift will consist of five (5) days of eight (8) consecutive hours with start times beginning as early as 5:00 a.m. and as late as 7:00 a.m.

b. The second or afternoon shift will consist of five (5) days of eight (8) consecutive hours with start times beginning as early as 1:00 p.m. and as late as 3:00 p.m.

c. The third or night shift will consist of five (5) days of eight (8) consecutive hours with start times beginning as early as 9:00 p.m. and as late as 11:00 p.m.

d. If a two (2) shift twelve (12) (12 hours each) operation is implemented, the start time for the day shift will begin as early as 5:00 a.m. and as late as 7:00 a.m.

The start time for the night shift will begin as early as 5:00p.m. and 7:00 p.m.

e. The work-shift is the specific hours an employee is scheduled to work on each of the five (5) scheduled workdays in the established workweek.

f. Shifts are identified in accordance with hourly starting time and not by days of the week.

g. Changes in the normal number of hours per day or per week may be made by mutual agreement of the Company and the Union.

h. It is understood that all shifts will be posted in accordance with Section 3a.

Section 3. Work Schedules.

a. An employee's regular work schedule is the employee's five (5) scheduled workdays within the established workweek, such schedule to be determined by the Company and posted at least by the end of the shift on Friday of the previous week.

Employees may be assigned to a new regular work schedule without the payment of premium pay provided the new regular work schedule is properly posted and a minimum of sixteen (16) hours will elapse between the end of their last work shift in one workweek and the beginning of their first work shift in the following workweek.

Employees receiving less than the sixteen (16) hours rest period will be paid at time and one-half (1-1/2) their regular rate for those hours worked within this sixteen (16) hour period (except when an employee exercises his or her shift preference in accordance with Article IV, Section 8).

b. A minimum of sixteen (16) hours notice in advance of the beginning of the new work shift will be given employees of any change in the posted hours.

An employee who has not received sixteen (16) hours notice in advance of any shift change will be paid time and one-half (1-1/2) for the first eight (8) hours of such change (except when the employee voluntarily changes shifts).

c. When Saturday is a workday with a regular work schedule, it will be disregarded for overtime purposes, and for such purposes the first rest day within the established workweek will be considered to be Saturday. When Sunday is a workday within a regular work schedule, it will be disregarded for overtime purposes, and for such purposes the second rest day within the established workweek will be considered to be Sunday.

d. All absences with pay will be counted as time worked for overtime considerations.

e. Employees including temporaries and casuals, may trade shifts or days off with the prior approval of the Operations Officer or Chief, Security Forces for a period not to exceed two (2) weeks, provided that no overtime is created by the exchange of shifts or days off. In the event the two (2) week period is to be exceeded there must be mutual agreement between the Chief, Security Forces and the Business Agent before such an exchange is made.

Section 4. Reporting for Work. Any employee who properly reports for work on his or her regular shift and is sent home because of lack of work will receive a minimum of four (4) hours pay at the employee's regular hourly rate, unless the employee has been previously notified not to report to work, at least twelve (12) hours prior to the employee's next regular reporting time. The first employees to be relieved of duty will be casuals and temporaries, followed by probationary employees, and then the least senior employees on duty.

Section 5. Lost Time. The Company will use one-tenth (1/

10) of an hour (six [6] minutes) as a unit in computing tardiness. If an employee "clocks in” from one (1) to six (6) minutes late, the employee will lose one-tenth (1/10) of an hour (six [6] minutes). For tardiness beyond six (6) minutes, the regular procedure for computing time in multiples of six (6) minute intervals will apply.

Employees leaving the job early will be considered tardy on the same basis as if they reported to work late.

Employees will not be required to work during the period used in computing tardiness. The foregoing will not be considered as a limitation on the right of the Company to take disciplinary action for repeated or unexcused tardiness

Section 6. Pyramiding of Overtime. The allowance of overtime premium payment of an hour for which an employee receives compensation eliminates that hour for consideration for overtime premium payment on any other basis. If time worked falls under two (2) or more overtime-premium pay classifications, the higher rate will prevail.

Section 7. Assigning and Posting Overtime. The Company will make up and maintain an overtime chart which will be posted on the bulletin board in the Security Force Operations room for examination by the employees.

Whenever it becomes necessary to work overtime, in so far as it is practical to do so without reducing the efficiency of the operations such overtime work will be divided as equally as is practicable among employees in the classification.

In dividing such overtime the Company may make allowances for the performance of particular types of work. It is understood that an overtime assignment resulting from an administrative oversight with the same employee of three (3) hours or more within thirty (30) days may be subject to the grievance procedure.

Other oversights may be addressed by discussing such a matter with the Operations Officer and/or Chief, Security Forces. Emergency call-in will not be subject to the grievance procedure when response time is limited.

When an employee refuses to accept the offered overtime, the employee will NOT be charged with the actual overtime hours worked by the employee who accepts.

Overtime will be offered first to personnel within the classification. If all personnel refuse the offered overtime, the on-duty employee with the least credited overtime hours will be drafted.

Employees with the least accredited overtime may be told on their last shift to report to work for overtime on their next shift.

When an employee is notified to report outside his regular work shift, that employee will be paid a minimum of three (3) hours pay consistent with the provisions of Section 10.

Lead Security Force personnel may work overtime normally performed by employees in the Security Force classification only after it has been offered and refused by all Security Force personnel. The requirement to first offer overtime to the personnel in the Security Force Classification does not apply when that person in the Security Force classification has worked twelve (12) continuous hours, unless both the Lead and the Security Force Officer have both worked twelve (12) continuous hours.

The Company will offer overtime to employees as equally as practicable.

Personnel in the Security Systems Administrator/Armorer classification will be considered for overtime the same as Leads in the Lead classification.

A new employee at the end of the employee's probationary period, or a recalled employee, will be charged with the same amount of overtime hours as the highest employee on the employee's shift.

When an employee changes shifts permanently, the employee will be placed in his same relative position (same differential of hours) to the high employee on the new shift as the employee was on the previous shift. This does not apply to employees covered in Section 3, paragraph (e) of this Article.

An employee who is absent because of illness, disability or unscheduled Paid Time Off (PTO) will not be offered overtime until the employee returns to work. In all other instances of excused absences, with or without pay, the employee will be eligible for overtime, under the normal provisions, anytime on the next day following his excused absence.

An employee will be placed in the relative position to the high employee (the same differential of hours) on the overtime record as he held prior to his absence, provided the absence was more than three (3) consecutive work days.

An employee who incurs a limitation because of an illness or disability, which prohibits overtime assignment, will not be offered overtime during such restriction and will, when able to work overtime, be placed in the same relative position to the high employee (differential of hours) on the shift overtime record as the employee held prior to becoming ill or disabled.

The determination as to whether an employee with a restriction can or cannot accomplish a particular overtime assignment shall be made by supervision.

Section 8. Offsetting Overtime. An employee will not be required to take time off from the employee's regular work schedule in order to offset overtime previously worked.

Section 9. Time and One-Half. Overtime at the rate of one and one-half (1-1/2) times the regular rate of pay will be paid as follows:

a. For hours worked in excess of eight (8) in a day or forty (40) in the established workweek, or

b. For all hours worked on rest days within the established workweek

Section 10. Call-In. An employee who is notified by the Company to report for work outside of the employee's regular shift will receive not less than the equivalent of three (3) hours pay at one and one-half (1-1/2) times the employee's regular rate for such call-in. In emergency situations where an employee who has already reported to work and has not clocked in but is subsequently asked to work by supervision, the employee will be paid for time worked at one and one-half (1-1/2) times the regular rate of pay. The three (3) hour guarantee is not applicable under the following conditions:

a. An employee is notified prior to the end of the employee's previous work shift of an early starting time on the next work shift.

b. In those instances in which an employee, having been contacted and notified to report to work at a specified time outside the employee's regular shift, does not report at the specified time.

Employees will not be required to clock out during a call-in period of four (4) hours or less, immediately prior to the beginning of their shift.

ARTICLE VI

EMPLOYEE BENEFITS

Section 1. Voting Time. An employee who is unable to vote before or after the employee's regularly scheduled work period will be allowed sufficient time with pay, not to exceed three (3) hours, for exercising the employee's franchise to vote in local, county, state, and federal elections, provided such employee presents evidence indicating eligibility to vote to the employee's supervisor.

Payment will be made at the employee's straight time rate exclusive of shift premium. Employees may leave work to vote only as necessary to allow the following number of hours between the time they leave AEDC and the time their polling place closes: two (2) hours if the distance between AEDC and the employee's polling place is 40 miles or less; two and one-half (2-1/2) hours if 41 to 54 miles; and three (3) hours if the distance is 55 miles or more. When the employee's work day begins three (3) hours after the polls open, or ends three (3) hours before the polls close, time off for voting is not allowed.

Section 2. Jury Duty. Upon receiving a summons to report to jury duty, an employee will on the next day, present the summons to his immediate supervisor, and the employee will thereupon be excused from employment for the day or days required of the employee while serving as a juror in any court of the United States or the State of Tennessee; provided that such employee's responsibility for jury duty exceeds three (3) hours during the day for which excuse is sought. If the jury service of the employee does not exceed three (3) hours, he is not entitled to an excused absence for the remainder of the day; he may return to work or use PTO for the rest of the shift.

If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, such employee will also be excused from employment as provided by law for the shift immediately preceding the employee’s first day of service on any lawsuit.

After the first day of service, when such employee’s responsibility for jury duty exceeds three (3) hours during a day, then the employee will be excused from his next scheduled work period occurring within twenty-four (24) hours of such day of jury service.

Payment for time spent in jury duty will be the difference between the employee’s normal straight-time earnings and the fees received from the court for the length of the jury service time, provided the employee submits evidence of the total amount received from the court. Only the days actually spent in court are to be counted in calculating payment.

Section 3. Funeral Leave. An employee will be granted Funeral Leave in accordance with Company Policy 09- 0021 for the purpose of attending the funeral and to handle funeral-related issues of a member of the employee's immediate family. The employee will be paid at straight-time for a maximum of three (3) consecutive workdays (three eight-hour shifts).

Where requested travel is in excess of a 400 mile radius of AEDC, outside of the continental United States, or in extreme circumstances, such as loss of multiple family members, an employee may be granted two (2) additional days of leave by the Director.

Payment for such absences will be limited to the period beginning with the day of death and ending with the day following the funeral.

If the time off to attend the funeral or attend to funeral related matters occurs on a company recognized holiday(s) the holiday hours (up to 24) will be available to be used by the employee at a later date within that fiscal year, the timing of which is subject to supervisory approval.

For the purpose of this section, the term ‘‘a member of the employee's immediate family'' will be defined as the following:

spouse, children, brothers, sisters, parents, stepparents, foster parents, parents-in-law, sisters-in-law, brothers-in-law, son-in-law, daughter-in-law, grandparents, grandchildren of the employee, stepchildren of the employee and any of the above in a step relationship, legal guardian, or legal ward.

Section 4. Holidays. The following holidays will be considered as paid holidays:

New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day 3 additional Christmas holidays

Employees will be allowed to take PTO or leave without pay for any scheduled work days during the Christmas shutdown if not needed for duty.

The Christmas holidays will be set by the Company at least sixty (60) days in advance and the three (3) additional paid Christmas holidays will be consecutive.

When a recognized holiday falls upon an employee's first scheduled rest day, the scheduled workday immediately preceding will be observed as the employee's holiday; when a holiday falls upon the employee's second scheduled rest day, the next succeeding scheduled workday will be observed as the employee's holiday.

An employee's holiday will be the twenty-four (24) hour period beginning at the time the employee is scheduled to begin work on the employee's work shift which starts during the calendar holiday.

Employees required to work on a designated holiday will have the option:

1. To be paid one and one-half (1-1/2) times their regular rate of pay, plus holiday pay; or

2. To schedule the unpaid Holiday hours with advance approval during the same fiscal year.

The saved Holiday hours cannot be used for unscheduled PTO absences and if not taken, will be forfeited at the end of the fiscal year (2014) or at the end date of the labor agreement (2015). An employee who does not declare their preference to save the Holiday hours for another time will be paid their Holiday hours in their next regular paycheck. Holiday hours for employees on IDP will be paid at the regular rate of pay and will not be converted to PTO nor be used to supplement

IDP.

Eight (8) hours pay at straight-time will be given to all employees who are normally…