Exhibit_E _CBA_Between_FRC_and_AEMTC.pdf

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October 1, 2010 through September 30, 2013 i

TABLE OF CONTENTS

Article I. Application and Purpose of Contract Section 1. Application Section 2. Purpose

Article II. Recognition Section 1. Recognition Section 2. Anti-discrimination Section 3. Equal Employment Opportunity Section 3a. Gender Neutral Section 4. Check-off of Union Membership Dues . 3 Section 4a. COPE Section 5. Company Recognition Section 6. Outsourcing Work

Article III. Grievance Procedure Section 1. Stewards and Grievance Committee ... 7 Section 2. Discussion Section 3. Grievance Procedure Section 4. Time Limits

Section 5. Pay for Grievance Time

Article IV. Arbitration/Mediation Section 1. Arbitration Procedure Section 2. Mediation

Article V. Seniority Section 1. Seniority Section 2. Loss of Seniority Section 3. Probationary Employees Section 4. Seniority List Section 5. Seniority Status Outside the Bargaining Unit Section 6. Promotions Section 7. Filling of Vacancies Section 8. Layoffs Section 9. Recalling Section 9a. Special Recall Section 10. Seniority During Absences Section 11. Job Posting ii

Section 12. Shift Preference Section 13. Extended Disability Section 14. Transfers

Article VI. Leaves of Absence Section 1. Union Representatives Section 2. Extended Leave

Article VII. Hours of Work and Overtime Section 1. Definitions Section 2. Normal Hours Section 3. Work Schedules Section 4. Work Schedule Optional Section 5. Time and One- Half Section 6. Double Time Section 7. Holidays Section 8. Call In Section 9. Reporting for Work Section 10. Lost Time Section 11. Exchange of Jobs Section 12. Pyramiding of Overtime Section 13. Offsetting Overtime Section 14. Assigning and Posting Overtime

Article VIII. Personal Leave Section 1. Personal Leave

Article IX. Wages and Benefits Section 1. Wage Schedules Section 2. New or Revised Classifications Section 3. Promotions Section 4. Demotions Section 5. Pay Day Section 6. Shift Differential Section 7. Overtime Lunches Section 8. Saturday and Sunday Premium Pay .. 38 Section 9. Longevity Pay

Article X. Continuity of Operations Section 1. Continuity of Operations iii

Article XI. Physical Examinations Section 1. Physical Examination Section 2. Ability to Work after Injury, Illness, or Physical Impairment

Article XII. Safety Section 1. Protective Equipment Section 2. Good Housekeeping Section 3. Safety Committee Section 4. Hazardous Work Section 5. Drug-Free Work Force

Article XIII. Protective Security Section 1. Protective Security Section 2. Proprietary Information

Article XIV. Jurisdictional Boundaries Section 1. Job Assignments Section 2. Settlement of Jurisdictional Disputes . 44 Section 3. Union-Employer Cooperation in Craft Jurisdiction and Work Practices Section 3a. Work Assignment Guidelines Section 3b. Workforce Structure and Utilization .. 47 Section 3c. Craft Percentages

Article XV. Sick Leave Section 1. Sick Leave Section 2. Eligibility Section 3. Conditions of Payment Section 4. Amount of Payment

Article XVI. Group Insurance Section 1. Group Insurance Section 2. Wage Employee Premium Reduction 55

Article XVII. Employee Benefits Section 1. Voting Time Section 2. Jury Duty Section 3. Funeral Pay Section 4. Severance Allowance Pay Section 5. Retirement Plan iv

Section 6. Retirement Savings Plan Section 7. Bonus …………………….……………. 64

Article XVIII. General Section 1. Labor-Management Committee Section 2. Work Performed Non-bargaining Unit Personnel Section 3. Apprenticeship Program Section 4. Intern Programs Section 5. Bulletin Boards Section 6. Uniforms Section 7. Construction and Other Work. ………..70 Section 8. Temporary and Casual Employees ... 71 Section 9. Working Foreman Section 10. Agreements

Article XIX. Duration Section 1. Duration Section 2. Savings Clause Classification Schedule (Exhibit A) Signature

CONTRACT

This contract is made and entered into by and between, FRC its successors or assigns (herein referred to as the Company) and Air Engineering Metal Trades Council and Affiliated Unions, AFL-CIO (herein referred to as the Union).

ARTICLE I

APPLICATION AND PURPOSE OF CONTRACT

Section 1. Application. This contract applies to the employees in the recognized bargaining unit located at the Arnold Engineering Development Center, Arnold Air Force Base, Tennessee, for those operations contracted to the Company by the Aerospace Testing Alliance (herein referred to as ATA). This contract applies to those wage employees of FRC 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 Center, Arnold Air Force Base, Tennessee. This agreement contains all the conditions agreed upon and is 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 shall be made only by the mutual consent of both parties in writing.

Section 2. Purpose. The purpose of this contract is to set forth the agreement reached 11:00 p.m., September 09, 2010,effective 11:00 p.m. September 30, 2010, between the Company and the Union, who are signatory hereto, 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 agreement of the parties.

ARTICLE II

RECOGNITION

Section 1. 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 the employees of the Company in the recognized Bargaining Unit as set forth below.

The recognized Bargaining Unit consists of all of the Company’s operations, maintenance, repair, modification and service employees within the classifications as set forth in Exhibit A attached hereto, and any new or revised job classifications as may be established in Article IX, Section 2, of this Contract.

Excluded from the Bargaining Unit are all administrative employees, technical employees, draftsmen, technical assistants, photographers, office/clerical employees, professional employees, co-op education students, guards and supervisory employees as defined in the Labor-Management Relations Act and any other existing job classifications not covered by the above paragraph.

A Bargaining Unit employee, at the time he is hired, will be notified by the Company that the Union is recognized by the Company as the exclusive Bargaining Agent for the employees in the Bargaining Unit.

The Company will notify the Chief Steward of any new hire(s) into the Bargaining Unit.

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. When job openings are declared by the Company, the Chief Steward and the Air Engineering Metal Trades Council (AEMTC), shall be notified electronically and in writing of approved position(s).

Those openings will be filled in accordance with Article V of this contract. Recommendations received from the Chief Steward in a timely manner will receive consideration.

Additionally, as part of a new employee’s first day processing, the Chief Steward shall be allowed a brief introduction meeting.

Section 2. Anti-discrimination. There shall be no discrimination, interference or coercion against any employee because of membership or non-membership in the Union by the Company or any of its agents, and the Union likewise agrees that there shall be no discrimination, interference or coercion against any employee of the Company due to membership or non-membership in the Union.

Section 3. 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; rate of pay or other forms of compensation; selection for training including apprenticeship; and layoff or termination.

Section 3a. Gender Neutral. Whenever the masculine gender is used in this agreement, it shall also refer to the female gender.

Section 4. Check off of Union Membership Dues.

The Company agrees to deduct uniform Union membership dues by class of membership from the wages of each employee who furnishes the Company with a written assignment and authorization to deduct such dues from his wages each month and to remit such membership dues to the Union. Such check-off of membership dues shall continue so long as the employee is continuously a member of the Bargaining Unit, on the payroll, and unless withdrawn in writing by the employee effective as of the first day of March of any year within the life of this contract, or successive contracts, upon the Company’s receipt of a written notice from the employee within a fifteen (15) day period immediately preceding the first day of March.

The written notice from the employee shall be counter-signed by the Chief Steward and addressed to the Company with a copy to the Air Engineering Metal Trades Council by registered mail. An employee, at any time, may change his authorization for membership dues deductions from one class of dues to another class of dues within the Union.

The dues assignment and authorization form shall read as follows:

TO: FRC

ASSIGNMENT AND AUTHORIZATION OF UNION

MEMBERSHIP DUES

I, ________________, badge number ____________, a member of ________________________________a local Union affiliated with the Air Engineering Metal Trades Council, AFL- CIO of Tullahoma, Tennessee, and an employee in the Bargaining Unit hereby cancel any and all authorizations heretofore given to you to deduct any Union Membership dues from my earnings.

I hereby assign to the Air Engineering Metal Trades Council, AFL-CIO, during the time that I am continuously an employee in the Bargaining Unit on the payroll of FRC, such an amount as the Air Engineering Metal Trades Council, AFL-CIO, certifies in writing to the Company to be the periodic membership dues of my local Union. I authorize you to deduct such amount from my wages on the last payday of each month as dues for the following month, and to remit the same on my account to the proper officials of, and designated by the Air Engineering Metal Trades Council, AFL-CIO. In addition to the foregoing, deduct $________ for the next___________ pay periods for my initiation fee.

This assignment and authorization may be cancelled or revoked pursuant to the provisions of Article II of the contract between the Company and the Union.

Date:_______________________ Signed:_____________________

Section 4a. COPE Payroll Deduction Agreement.

The Employer agrees to deduct and transmit to the treasurer of each Union affiliate, the amount of monies deducted per week from the wages of those employees who voluntarily authorize such contributions on the forms provided for that purpose by the AEMTC. These transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made and the amount for each employee.

The Union agrees to save the Company harmless against any and all claims, suits or other forms of liability that may arise out of or by reason of action taken in the reliance upon the individual authorizations furnished to the Company by the Union or by reason of the Company’s compliance with the provisions of this section. The COPE assignment and authorization form shall read as follows:

I, ____________________________,___________ (Name of Employee) (Employee Number) hereby authorize and direct,____________________________________ (Name of Employer) from my wages the sum of $____________ weekly, and forward this amount monthly to the Treasurer of (Name of Union Affiliate)

I have executed this wage deduction authorization voluntarily without any coercion, duress, or intimidation and none of the monies deducted are a part of my dues or membership fees to the local Union. This authorization and the making of payments to COPE are not conditions of membership in the Union or of employment with the Company and I understand that the money will be used by COPE to make contributions and expenditures in connection with Federal Elections.

This authorization shall remain in full force and effect until revoked in writing by me. I also understand that my contributions or gift to COPE is not deductible as a charitable contribution for federal income purposes.

(Employee’s Name) (Date)

Section 5. Company Recognition. The Union recognizes that the Company shall exercise the exclusive responsibility for the, operation, maintenance and management of the work and areas which FRC, its successors and assigns, under contract with ATA, is currently operating or may acquire during the duration of this contract, at the Arnold Engineering Development Center. Such responsibility shall include the right to select, assign, and direct the working forces, determine job content, qualifications of employees to perform work, and the right to adopt and enforce reasonable rules and regulations for efficient operation, provided that the Union rights set forth in this contract, including the use of the grievance procedure and arbitration, shall not be abridged, curtailed, or modified by this clause.

Section 6. Outsourcing Work. The Company may at times subcontract work, which in its opinion can be performed efficiently and economically by outside contractors who bid in a freely competitive environment. It is understood that if JCI is the successful bidder the terms and conditions of that contract and its relationship with the AEMTC and Building Trades will be adhered to.

ARTICLE III

GRIEVANCE PROCEDURE

Section 1. Stewards and Grievance Committee.

The Company agrees to recognize one chief steward.

An alternate will be appointed to cover the absence or unavailability of the Chief Steward. The Chief Steward (or alternate) and the Chairperson of the Insurance/Pension Committee (or alternate) will be given time at regular rate of pay to handle Union business associated with grievances, issues related to this CBA, Company policies, on-site jurisdictional issues, and employee benefits. The Chief Steward will notify his supervisors as soon as possible prior to requiring release for Union business in order to help minimize schedule and work interruptions. Chief Steward, the President and Secretary of the Council, the Labor-Management Safety Committee, Training Committee, Grievance Committee and Insurance/Pension Committee, shall work the day shift Monday through Friday (except for the optional four (4) day work week schedule). During the period that an employee is holding the office as the Chief Steward for the Union or is holding the office of President or Secretary of the Council, he shall be placed at the top of the seniority list of employees within his seniority group. At the end of his term of office, he shall be returned in seniority to his proper place on the seniority list as determined by Article V of this contract. The

Company will not be required to lay off ex-Union officers and recall more senior employees who were laid off while the ex-Union officer was at the top of the seniority list.

Council President and Recording Secretary shall not be transferred from their work area unless there is no work in their classification, which they can perform.

The Company also agrees to recognize a Union Grievance Committee who shall be selected by the Union. The Union Grievance Committee will function in the adjustment of grievances.

The Union shall notify the Company in writing of any changes in personnel of the chief stewards, President or Secretary of the Council, Labor- Management Safety Committee, Labor-Management Committee, Apprenticeship Committee, Training Committee, Grievance Committee and Insurance/Pension Committee.

Section 2. Discussion. Any employee having a complaint shall, with or without the Chief Steward, discuss the matter with the immediate Supervisor in the section where the alleged violation occurred. In the absence of the affected employee, the employee’s Chief Steward shall represent him concerning said complaint. If the complaint is not satisfactorily adjusted by the Supervisor, it may be considered a grievance and be referred to the grievance procedure. If there are multiple grievants in response to an action or event in which only one grievant could be given redress, the grievance will be consolidated for purposes of the grievance meeting at each step, unless one of the grievants works a shift other than the day shift. This Section will not be considered part of the grievance procedure.

Section 3. Grievance Procedure. Any grievance arising under the terms of this contract or an alleged violation thereof shall be handled in the following manner:

Step 1. An employee, or group of employees, having a grievance shall first take the matter up with the Chief Steward, who shall attempt to adjust the matter with the First Line Supervisor or his designated representative in the section where the alleged violation occurred. Unless settlement is reached within three (3) working days, the grievance may be carried to Step 2.

Step 2. If processed to this step, the issue will be reduced to writing on a form mutually agreeable to the Company and the Union and submitted by the Union to the Manager or his designated representative who will hold a hearing within five (5) working days after receipt of the form, with a Union committee consisting of the Chief Steward, one (1) employee, and one (1) member of the permanent grievance committee. If a Labor Relations representative is to be present at the hearing, the Union will be represented by a principal officer of the Council.

An answer will be given in writing to the Union with a copy to the Chief Steward within five (5) working days after the hearing. Failing satisfactory adjustment, the matter will be referred to Step 3.

Step 3. If processed to this step, the written grievance will be referred to the Labor Relations Administrator for final hearing and possible settlement by the designated Company representatives and the Union grievance committee. Third step grievance will be held on a mutually agreeable date(s) each month, which is established in advance. An answer will be given in writing addressed to the Secretary of the Council with a copy to the Chief Steward within seven (7) working days after the hearing.

If no agreement is reached, the matter may be referred to arbitration in accordance with Article

IV.

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.

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

NOTE: After receiving payment from the trustees of the Retirement Plan the retired person will have seven

(7) days to grieve concerning error in payment.

Section 4. Time Limits. Any grievance not taken up with the immediate Supervisor in the area in which the alleged violation has occurred within seven (7) working 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) working 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 employees.

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

In the event the Company does not answer a grievance within the time limits, the grievance may be processed to the next step in the procedure, to Mediation and/or arbitration, as the case may be.

In the event an employee is to be discharged for cause, the Company shall notify his Chief Steward immediately. If the Chief Steward does not agree, the Union may within seven (7) working days file a grievance in the third-step of the grievance procedure.

The issue of timeliness of any grievance must be raised at the earliest possible time in the grievance procedure, but in no event later than the third-step hearing.

Section 5. Pay for Grievance Time. The Chief Steward and other 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.

Grievance hearings shall be scheduled during the grievant’s work shift. Members of the Union Grievance Committee will not receive pay for attending grievance hearings held at times other than during their work shift.

With proper approval of the Labor Relation Administrator, 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.

ARTICLE IV

ARBITRATION/MEDIATION

Section 1. Arbitration Procedure. Any controversy which has not been satisfactorily adjusted under the grievance procedure and which involves

a. the discharge 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 the arbitrator within fifteen (15) working days after the final action taken under the third step of the grievance procedure.

The arbitrator for each case will be chosen in the following manner: The parties agree to place all of the names of current active members of the Federal Mediation and Conciliation Service (FMCS) roster of arbitrators into a selection pool. The parties will alternately draw one (1) name from the pool until five

(5) names have been drawn. The parties will then alternately strike names until one (1) name remains and the remaining name will act as arbitrator.

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

The arbitrator shall be requested by the Company and the Union to render a decision within thirty (30) calendar days after the arbitration hearing. The decision of the arbitrator shall be final and binding on both parties. The arbitrator shall not have the power to add to, to disregard, or to modify any of the terms of this contract.

When either party receives the list of arbitrators, they shall 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.

Section 2. Mediation. If the grievance is not settled in Step 3 within seven (7) working days, the grievance shall at the insistence of either party, be submitted for mediation and conciliation. The parties shall mutually contact the FMCS requesting assistance in settling the grievance. The FMCS shall assign a Mediator to the case. The Mediator assigned shall 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 according to this article.

Time limits set forth in this article shall be considered mutually extended while utilizing mediation.

ARTICLE V

SENIORITY

Section 1. Seniority. The seniority of an employee shall be determined by his employment date or transfer date into the Bargaining Unit, whichever is later. By the term “seniority group” is meant one of the groups consisting of one or more job classifications listed in Exhibit A, Classification Schedule, of this contract.

On and after the effective date of this Contract, 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, go to the lowest preceding number until the tie is broken.

When employees are transferred permanently from one seniority group to another, it shall be done by mutual agreement of the Company and the Union.

Employees so transferred and who fail to qualify for the job to which they are assigned within a three (3)-months’ period may be returned to their previous job classification without prejudice to their rights to later be transferred to the same or another job for which they may qualify.

The Company will provide the Council monthly summaries of the wage employees’ moves to fill openings through permanent promotions, permanent transfers, and employees hired into the Bargaining Unit.

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

a. When he is discharged by the Company.

b. When he quits the service of the Company upon his own volition.

c. When he does not properly report when recalled from layoff, as set forth in Section 9 of this Article.

d. When he is not recalled during a period of thirty-six (36) consecutive months after being laid off or placed on the preferential hiring list.

e. When a bargaining unit employee is promoted or transferred to a non-bargaining unit position as provided for in Section 5 of this Article.

f. When a Bargaining Unit employee who is on a leave of absence as an officer or representative of a Union fails to return to work at the completion of his authorized leave of absence as provided for in Article VI.

Section 3. Probationary Employees. A new regular full time employee shall be considered a probationary employee for the first 120 days of employment in a single seniority group and at the end of this period, if he is retained, his name shall be placed on the seniority list and his seniority shall start from the original date of hire.

A probationary employee shall be allowed to participate in all fringe benefits and use accrued vacation and sick leave after first 60 days of employment.

The Union shall be notified in the event of discharge of a probationary employee.

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

Section 4. Seniority List. The Company agrees to compile and furnish every four (4) months to the Council copies of a seniority list showing the seniority of each employee in the Bargaining Unit and employees with return rights to higher job classifications. Employees shall 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. Additionally, the Company will provide within three (3) months after the signing of this contract an employee list identifying all classifications for which they may be eligible in accordance with provisions of Section 8 of this Article.

This list will be updated once each year for the duration of the contract.

Section 5. Seniority Status Outside the Bargaining Unit. A Bargaining Unit employee who is promoted or transferred to a position outside the Bargaining Unit will continue to accumulate seniority for a period of ninety

(90) days following the date of his promotion or transfer. Should the employee remain in a Non- Bargaining Unit position beyond the ninety (90) day period, he will lose all seniority accumulated under the contract.

Section 6. Promotions. Promotions of employees within the Bargaining Unit shall be made on the basis of the necessary qualifications to perform the work and seniority. If qualifications to perform the work of the job classification are considered equal, the senior employee shall be given preference. Should the Union disagree with the Company’s selection of the employee who is promoted under this section of the contract to the extent the matter is processed to arbitration, the burden of proof will rest with the Company. Any Bargaining Unit employee who is temporarily promoted out of the Bargaining Unit in the future shall have all rights under this contract.

Section 7. Filling of Vacancies. In case there is no one in a seniority group qualified for promotion under Section 6 of this Article, the Company may fill vacancies in the following manner:

(1) Promote from within the Bargaining Unit.

(2) Hire from outside the Bargaining Unit.

A temporary promotion which does not involve all of the substantial aspects of the higher paying job classification, will not necessarily by itself satisfy the minimum qualification requirements of a regular full time assignment in the higher paying job classification.

For purposes of full time promotion, candidates must still meet the minimum requirement of the regular full time job.

Section 8. Layoffs. When decreasing the work force, probationary employees, apprentices, and interns shall be the first to be laid off from the affected Skill Set within the seniority group within a job classification.

When it becomes necessary to lay off employees in any seniority group/skill set, the employees with the least seniority shall be laid off first.

An employee scheduled to be laid off shall be given an opportunity to accept an assignment into one of the seniority group/skill sets, to which he has previously been assigned and held seniority, provided his seniority exceeds that of any employee in his previously assigned seniority group/skill set.

If a job opening later occurs in the employee’s seniority group from which he was laid off, he shall be recalled to said seniority group if his seniority exceeds that of other employees having recall rights to that seniority group/skill set. The company will maintain a special list of individuals that have held seniority in any previous job.

Section 9. Recalling. Recalling shall be in reverse order of layoffs within a seniority group/skill set. The recalled employee shall return to the former classification and seniority group/skill set held at the time of lay off.

Employees being recalled shall be notified by registered mail, return receipt requested, mailed to the last address on record in the Company’s files. 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 shown on the registered mail receipt, 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 9a. Special Recall. In addition to the recall rights afforded laid off employees, the Company recognizes the recall rights of the employees not initially hired by FRC. The Company will consider all laid off employees for “special recall” to new bargaining unit jobs declared and posted by the Company.

Employees so affected must have the skill, ability and experience to be recalled to these open positions.

After the start date of this agreement if a new job is posted by the Company and is not filled internally, employees eligible for special recall will be placed on a common Special Recall list in seniority order. A joint Company/AEMTC evaluation board will review the laid off employees in seniority order to determine whether or not they have the skill, ability and experience to be recalled under this section.

If the board determines an individual is qualified for the new job, the Company will issue a special recall letter notifying the laid off employee of the recall. If the employee turns down this offer, they will not be considered for special recall in the future but will retain their recall eligibility for the seniority group they were laid off from originally.

Any eligible employee recalled under this section will have performance reviews at monthly intervals (30, 60 and 90 days). If it is determined during these reviews that the employee cannot perform the essential functions of the new job he will be laid off under the same terms as probationary employees.

Any lay off under this section will not be subject to Severance Allowance if the employee fails to demonstrate his ability to perform the job in the qualifying period.

Section 10. Seniority During Absences. Employees will continue to accumulate seniority when absent due to occupational illness or occupational accident.

Employees will continue to accumulate seniority when absent due to personal illness for a continuous period of thirty-six (36) months. Seniority will also be accumulated during leaves of absence granted in accordance with Article VI of this contract, and for approved leaves of absence for other personal reasons not in excess of thirty (30) days.

Section 11. Job Posting. In the event of a new job, or a vacancy to be filled, the Company shall post on the bulletin boards a description of the job or vacancy, its location and rate of pay, and shall provide job bid forms for employees to write thereon their name and badge number for submittal to the Company. Consideration will be given any permanent employee who bids on the new job or vacancy within a period of seven (7) working days from the date of the initial posting.

Employees will not be allowed to bid laterally, except as provided in Article II, Section 3.

A new job is defined as an additional permanent position within the Bargaining Unit. A vacancy is defined as a vacated position.

Requirements stated on the job posting will accurately reflect duties of the job to be filled and will be within the scope of the job classification description.

Employees temporarily absent or in layoff status may arrange with the Chief Steward to file a job bid form in their behalf.

Filling of vacancies caused by vacations, disabilities, and leaves of absence shall not be subject to the posting procedure.

Section 12. Shift Preference. The employee with the oldest seniority within a classification within a seniority group/skill set shall have shift preference twice each year (Union contract year) or when shift changes occur. The shift preference shall be effective no more than two weeks after notice is given to allow for orientation and training.

The parties agree that this section is to be understood to permit an employee to use his seniority anytime a shift change or schedule change occurs. In all cases, where the Company changes the scheduled hours of the day, or the scheduled days of the week, the employee within that overtime list may exercise his seniority rights.

In the absence of unusual or compelling circumstances to the contrary, an employee is entitled to use his seniority preference for all shift changes or schedule changes.

This provision shall not be used to remove essential skills or operating capability from any single operating unit.

Section 13. Extended Disability. Employees are placed in an extended disability status after they have used their disability allowance and accrued vacation.

Employees who are in extended disability status will continue to accrue seniority in accordance with Section 10 of this Article; however, such employees shall neither earn, receive or accrue length of service for any other benefits nor shall such employees earn, accrue or receive vacation allowance pay, holiday pay, funeral pay or jury duty pay.

The Company will pay the same percentage of the premium cost as the current health plan employer contribution and the employee will pay the same percentage of the premium cost as the current health plan employee contribution. The Company will continue to pay the same percentage of the premium cost as the current health plan employer contribution for Bargaining Unit employees in an extended disability status (employees exhausting their disability allowance and accrued vacation) beginning with the date said employee becomes disabled and remains disabled as determined by appropriate medical authorities as set forth in the contract, but in no event longer than thirty-six (36) consecutive months from the day of disability, or until the employee reaches age 70 before the end of said 36 consecutive month period. For employees with less than twenty-six (26) weeks of disability allowance the following will apply: if the employee’s disability period continues for a longer period of time than he is to receive disability allowance pay, the Company will pay the employee’s portion of the insurance premium from the date the disability allowance pay is exhausted for a maximum of twenty-six (26) weeks from the actual date the disability started.

Section 14. Transfers. Transfers for a period of more than thirty (30) calendar days are considered permanent, and those less than thirty (30) calendar days are temporary. When permanent transfers become necessary from one overtime list to another, it shall be done on a senior volunteer basis from the affected overtime list. If there are no qualified volunteers, the junior qualified employee shall be transferred. Temporary transfers from one overtime list to another will be made by the Company and will not be subject to the senior volunteer provision.

The Company agrees that when using the temporary transfer provisions above, seniority will be used where it is reasonable to do so. The Company will avoid using a series of short term transfers to evade making a permanent assignment. Therefore, when it can be reasonably predicted that the duration of the assignment will exceed thirty days, senior volunteer provisions will be used. The transferred employee will be returned to his or her former O/T list at the end of the temporary assignment.

Temporary transfers can be extended by mutual agreement of the Chief Steward and the Company.

The request for extension shall not be unreasonably denied.

ARTICLE VI

LEAVES OF ABSENCE

Section 1. Union Representatives. Accredited Union representatives shall be granted a reasonable number of leaves of absence without pay, not exceeding fifteen

(15) calendar days consecutively to attend conventions or other operations. It is agreed that ten (10) days’ notice of such leaves of absence will be given except in emergencies, and that not more than two (2) employees shall be absent at any one time for such purpose, except for council referendum votes, contract negotiations, or by special request of the Union; and if conditions will permit, this number may be increased by permission of the Company.

Such leaves of absence shall not affect the seniority of employees.

Section 2. Extended Leave. Any employee whose continued absence of a longer period is necessary because of his duties as an officer or representative of the Union will be given a leave of absence for the term of his office, and be renewable at the Union’s request without pay for such purpose. Upon his retirement from such office, he shall be entitled to return to his old position or a position of the same class without loss of seniority, provided he reports for work within fifteen

(15) days following the expiration of his leave. An employee granted such leave of absence shall return all security identification issued to him.

ARTICLE VII

HOURS OF WORK AND OVERTIME

This article defines the workday, workweek, rest days, and regular work schedule and the manner in which these affect payments made to employees. Nothing in this article shall be construed as a guaranty or limitation of hours worked, nor as a restriction on the Company in adjusting the working schedule to meet operating requirements.

For the purpose of this contract, the employee’s straight-time rate is the rate of pay per hour exclusive of shift differential, overtime premium, work assignment pay outlined in Article XIV, Section 3a and other forms of remuneration. The regular rate is the rate of pay per hour including applicable shift differential and work assignment pay, but excluding overtime premium and other forms of remuneration.

Section 1. Definitions.

a. The established workweek for all employees shall be the seven (7) day period beginning at 11:00 p. m. Sunday. The work week shall end for overtime pay purposes at 11:00 p. m.

Sunday, unless an employee’s fifth workday has not ended.

b. An employee’s workweek shall 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 but may fall in two different workweeks.

c. An employee’s work schedule is the days and hours an employee is scheduled to work within his established workweek. For further details, see Section 3 of this Article.

d. An employee’s workday is a period of twenty-four (24) consecutive hours starting at the time the employee is scheduled to begin work on the first work-shift in the established workweek.

Each succeeding workday is a twenty-four (24) hour period beginning at the same hour of the day, except that the workday immediately preceding a rest day will end at 11:00 p. m. for employees assigned to a non-overlapping work-shift.

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. When an employee’s scheduled work-shift overlaps the calendar rest day by thirty (30) minutes or less, the time of overlap will be paid at the employee’s time and one-half of the regular rates.

f. Rest days are those days on which an employee is scheduled off during the established workweek. The two (2) rest days may fall on any days and in different established workweeks, but will be consecutive.

g. An overlapping shift is one in which an employee’s scheduled work shift overlaps two

(2) calendar days by more than thirty (30) minutes. The workday of an employee assigned to an overlapping shift is a twenty-four

(24) hour period beginning at the time the employee is scheduled to begin work, on the first work shift in the established workweek.

Each succeeding workday and the employee’s rest days are twenty-four (24) hour periods beginning at the same hour o f the day, except that when an employee’s work schedule is changed an the employee’s second rest day falls on Sunday the second rest day will not be a twenty-four (24) hour period, but will end at 11:00 p.m. Sunday.

h. Calendar days, for the purpose of Article VII, will be the twenty-four (24) hour period beginning at 11:00 p.m.

Section 2. Normal Hours.

a. The day shifts (shifts with starting times between 5:30am and 7:30 am Monday will consist of eight and one-half (8-1/2) hours and will include a thirty (30) minute unpaid lunch period. The lunch period may be taken within thirty (30) minutes before or after the employee’s normal lunch period. Lunches not observed during this one and one-half (l-1/2) hour period at the direction of the Company will be counted as hours worked and paid at the appropriate rate.

b. The normal third or fixed late night shift shall consist of five (5) days of eight (8) consecutive hours beginning at 11:00 p. m. Sunday.

c. Odd shifts are those shifts that are neither fixed nor rotating and may begin at irregular hours or on irregular days in the established workweek.

Employees working odd shifts will be scheduled for eight (8) consecutive hours and five (5) days per week.

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

e. 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 his 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 day shift on Thursday of the previous week.

If operational requirements change, employees may be assigned to a new regular work schedule provided the new regular work schedule is properly posted without the payment of premium pay providing a minimum of twenty-four (24) 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.

b. A minimum of twenty-four (24) hours’ notice in advance of the beginning of a new shift shall be given employees of any change in the posted hours. An employee who has not received twenty-four (24) hours’ notice in advance of any shift change will be paid time and one-half (l - 1/2) for the first eight (8) hours of such change.

Employees required to change shifts a second time within the workweek will be paid time and one-half (1-1/2) for the first eight (8) hours of the second change.

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

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

e. Employees may trade shifts or days off within their own job classification, with the prior approval of their respective Supervisor, provided that no overtime is created by the exchange of shifts or days off.

Section 4. Work Schedule Optional. Employees may be assigned to a work schedule consisting of four (4) consecutive scheduled workdays within the established workweek with each scheduled workday consisting of ten (10) scheduled hours of work. When so assigned to this schedule, hours worked over ten (10) in a workday, hours worked on the first rest day, the first eight (8) hours worked on the second rest day, or all hours worked within the workweek in excess of forty (40) shall be paid at time and one-half. Hours worked in excess of twelve (12) in a workday, hours worked in excess of eight (8) on the second rest day, and hours worked on the third rest day shall be paid at double time. Such schedule will be determined by the Company and posted at least by the end of the day shift Thursday of the previous week.

Section 5. Time and One-Half. Overtime at the rate of one and one-half (l-1/2) times the regular rate of pay shall be paid as follows:

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

b. For the 9th, 10th, 11th, and 12th hours worked in the workday, or

c. For the first eight (8) hours worked on Saturday or for the first eight (8) hours worked on the employee’s first rest day in the established workweek.

Section 6. Double Time. Overtime at the rate of two

(2) times the regular rate of pay shall be paid as follows:

a. For hours worked in excess of twelve (12) during any workday, or

b. For hours worked in excess of eight (8) on

Saturday, or for hours worked in excess of eight

(8) on the employee’s first rest day in the established workweek, or

c. For all work performed on Sunday, or for all work performed on the employee’s second rest day in the established workweek and for those continuous hours, which begin before 11:00 p.

m. Sunday and continue after 11:00 p. m.

Sunday, prior to the beginning of the employee’s posted work-shift.

d. For those hours worked which are not identified as workdays or rest days.

e. For all continuous hours worked in excess of twelve (12).

Section 7. Holidays. The following holidays will be considered as paid holidays:

New Year’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day

In addition, there are three consecutive days at Christmas. The company will select these days to be observed and give 60 days advance notice of days selected. An exception will be made to the 60-day notice during the first year of this contract. Notice will be given as soon as practical following the signing of this contract.

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

Pay at the rate of one and one-half (l-1/2) times the regular rate of pay, in addition to holiday pay, will be paid for the first eight (8) hours worked on the above holidays. Hours worked in excess of eight (8) will be paid at the rate of two (2) times the regular rate of pay, exclusive of any holiday pay. Eight (8) hours’ pay at straight time shall be given to all employees who are normally scheduled to work on the above holidays but who are not permitted work by the Company.

When a recognized holiday falls upon an employee’s first scheduled rest day, the workday immediately preceding shall be observed as his holiday; when a holiday falls upon his second scheduled rest day, the next succeeding scheduled workday shall be…