TOS II Exhibit C CBAs.pdf

FA9101-22-R-B001

Exhibit C

Collective Bargaining Agreements

Test Operations and Sustainment (TOS) II

7 February 2023

National Aerospace Solutions and Air Engineering Metal Trades Council (AEMTC) and Affiliated Unions AFL-CIO

TABLE OF CONTENTS

CONTRACT

ARTICLE I APPLICATION AND PURPOSE OF CBA ... 1

Section 1. Application

Section 2. Purpose

ARTICLE II RECOGNITION

Section 1. Recognition

Section 2. Anti-discrimination

Section 3. Equal Employment Opportunity

Section 4. Check off of Union Membership Dues ... 4

Section 4a. Committee on Political Education (COPE) Payroll Deduction Agreement

Section 5. Management Rights

Section 6. Outsourcing Work

ARTICLE III UNION, COMPANY, COOPERATION

Section 1. Labor/Management Partnership Committee

ARTICLE IV SETTLEMENT OF DISPUTES

Section 1. Grievance Procedure

Section 2. Time Limits

Section 3. Pay for Grievance Time

Section 4. Mediation

Section 5. Arbitration Procedure

ARTICLE V SENIORITY

Section 1. Seniority

Section 2. Loss of Seniority

Section 3. Probationary Employees

Section 4. Seniority List

NOT SENSITIVE

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 9b. Medical Recall

Section 10. Seniority During Absences

Section 11. Job Posting

Section 12. Shift or Schedule Preference (Bump or Riding the Shift)

Section 13. Transfers

Section 14. Lateral Bids

Section 15. Loaned Employee Program

ARTICLE VI UNION LEAVE

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. Authorized Shift Schedules

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 VACATIONS

Section 1. Vacations

ARTICLE IX WAGES AND BENEFITS

Section 1. Wage Schedules

Section 2. New or Revised Skill Sets

Section 3. Promotions

Section 4. Demotion

Section 5. Pay Day

Section 6. Shift Differential

Section 7. Overtime Lunches

Section 8. Saturday and Sunday Premium Pay

Section 9. Longevity Pay

ARTICLE X CONTINUITY OF OPERATIONS

Section 1. Continuity of Operations

ARTICLE XI PHYSICAL EXAMINATIONS

Section 1. Physical Examinations

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. Stop Work Authority

Section 5. Drug-Free Work Force

ARTICLE XIII PROTECTIVE SERVICES

Section 1. Protective Services

Section 2. Proprietary Information

Section 3. Security Clearance Adjudication

ARTICLE XIV JURISDICTIONAL BOUNDARIES

Section 1. Job Assignments

Section 2. Settlement of Jurisdictional Disputes

Section 3a. Work Assignment Guidelines

Section 3b. Job Assignments

Section 3c. Craft Percentages

ARTICLE XV SICK LEAVE AND DISABILITY

Section 1. Sick Leave

Section 2. Eligibility

Section 3. Conditions of Payment (Sick Leave)

Section 4. Amount of Payment

Section 5. IDP Extended Disability (LOA)

ARTICLE XVI GROUP INSURANCE

Section 1. Group Insurance

Section 2. Wage Employee Premium Reduction ...62

ARTICLE XVII EMPLOYEE BENEFITS

Section 1. Voting Time and Jury Duty

Section 2. Employee Bereavement

Section 3. Severance Allowance Pay

Section 4. AEDC Contractors Employee Pension Plan (December 27, 1951 –September 30, 2013)

Section 5. Retirement Savings Plan

ARTICLE XVIII GENERAL

Section 1. Labor-Management Committee

Section 2. Work Performed by Non-Bargaining Unit Personnel

Section 3. Apprenticeship Program

Section 4. Intern Program

Section 5. Bulletin Boards

Section 6. Uniforms

Section 7. Construction and Other Work

Section 8. Temporary and Casual Employees

Section 9. Principal Officer, Steward and Authorized Committee Person Compensation

ARTICLE XIX DURATION

Section 1. Duration

Section 2. Savings Clause

Section 3. Zipper Clause

AGREEMENT

INDEX

CONTRACT

This Collective Bargaining Agreement (hereinafter CBA or Agreement) is made and entered into by and between National Aerospace Solutions, LLC (NAS) and Chugach Federal Solutions, Inc., (CFSI) (individually and/or collectively hereinafter referred to as the Company) and Air Engineering Metal Trades Council (AEMTC) and Affiliated Unions, AFL-CIO (hereinafter referred to as the Union) under contract number FA9101-15-C-0500 for management of Test Operations and Sustainment (TOS) at the Arnold Engineering Development Complex (AEDC).

ARTICLE I

APPLICATION AND PURPOSE OF CBA

Section 1. Application

This CBA applies to the employees in the recognized bargaining unit located at AEDC, Arnold Air Force Base, Tennessee, for those operations contracted to the Company by the United States Air Force (USAF). This CBA applies to those wage employees of the Company who are permanently assigned to Arnold Air Force Base, Tennessee, whether they are temporarily assigned to work inside or outside the confines of the AEDC, Arnold Air Force Base, Tennessee. This CBA 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 CBA. Any modification of the CBA shall be made only by the mutual consent of both parties in writing.

Section 2. Purpose

The purpose of this CBA is to set forth the agreement effective 2300, June 30, 2021, 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 CBA.

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

A bargaining unit employee, at the time of hire, will be notified by the Company the Union is recognized by the Company as the exclusive bargaining agent for the employees in the bargaining unit.

The Company will notify the appropriate Chief Steward of any new hire(s) into the bargaining unit within his/her seniority group.

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.

Additionally, as part of a new employee’s first day processing, the respective 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 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 to comply with applicable affirmative action regulations and executive orders. The Company and the Union will comply with applicable laws, including but not limited to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Vietnam Era Veterans Readjustment Assistance Act and will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, gender identification, age, veteran status, pregnancy, sexual orientation, or presence of disability or any other characteristic protected by law, 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 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 (furnished by the Union) to deduct such dues from their wages on the last (fourth) payday of 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 CBA, or successive contracts, upon the Company’s receipt of a written notice from the employee within a 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 AEMTC by registered mail. An employee, at any time, may change the authorization for membership dues deductions from one class of dues to another class of dues within the Union.

Section 4a. Committee on Political Education (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 and the Union furnishes the Company with a COPE assignment and authorization form. 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 which 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.

Section 5. Management Rights

The Union recognizes the Company shall exercise the exclusive responsibility for its successors and assigns management of the TOS Contract and the direction of the workforce. 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 work rules and policies for efficient operation, provided the Union rights set forth in this CBA, 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 if Chugach Federal Solutions, Inc. (CFSI) is the successful bidder, the terms and conditions of that contract and its relationship with the AEMTC and Building Trades will be adhered to.

The Company and the AEMTC each having an interest in securing work for the bargaining unit while at the same time being responsive to the needs of the Company to accomplish its work in a timely and efficient manner hereby agree to this supplemental agreement covering the use of individuals from the Chattanooga Building Construction Trades through a Collective Labor Agreement with CFSI.

This agreement is considered to be a living agreement and can be reviewed by the parties on an as needed basis using lessons learned criteria. Any modifications to this CBA shall be in writing and agreed to by the Company and the Union and subject to the ratification criteria contained in the by-laws of the Council.

All work normally and historically performed by members of the AEMTC will continue to be performed by those members when it is reasonably practical to do so. When it becomes necessary to supplement the workforce, such services may be contracted through the Chattanooga Building Construction Trades in accordance with the following terms and conditions:

1. No full-time, AEMTC represented employee (within a given skill set) will be laid off as long as there are supplemental employees being utilized on the base by the Company within that skill set.

2. Supplemental employees will not be used in cross crafting.

3. The specific work assignments normally and historically assigned to the Machinists will continue to be assigned to the Machinists and will not be subject to contracting out to supplemental employees. All historically assigned work concerning setting and alignment of equipment and machinery will continue to be assigned to the Machinists jurisdiction.

4. The Company may utilize supplemental employees except for test cell operations and maintenance work.

5. Overtime issues between the Company and the Union as they apply to supplemental employees will be discussed with the Chief Steward and the Section Manager for the area where said contractor employees are being utilized. However, in no event will supplemental contractor employees be utilized to the exclusion of regular, full-time employees in the unit, except in cases of investment project work assigned to as such to supplemental workers. For continuity, supplemental employees will work overtime on work assigned exclusively to a supplemental crew.

When supplemental and Company employees are working in a mixed crew, Company employees on the crew will be given first preference for overtime in the work area before supplemental employees are offered overtime in the work area. Supplemental employees working on the same work order tasks will be asked to work overtime before going out of the area to another Company overtime list.

6. The Company will give first consideration for future, full-time employment opportunities to supplemental employees assigned to Arnold in accordance with the Company’s normal employment process.

Nothing in this supplemental agreement is intended to take the place of specific language contained in the CBA and where conflicts arise; the CBA shall take precedence and govern the outcome. This agreement shall not be used to circumvent, abrogate, or otherwise nullify any provision of the CBA.

ARTICLE III

UNION, COMPANY, COOPERATION

Section 1. Labor/Management Partnership Committee

Effective immediately, AEMTC and the Company will establish a Labor/Management Partnership Committee to jointly develop programs, solutions, or actions of mutual benefit. The purpose of these joint efforts will be to enhance the AEMTC and the Company's performance at AEDC.

If there is a conflict between this committee and any other previously established committees on site, the Labor/Management Partnership Committee will take precedence.

ARTICLE IV

SETTLEMENT OF DISPUTES

Section 1. Grievance Procedure

The grievance procedure shall be used for the purpose of settling claims and disputes on all matters pertaining to this CBA. This procedure cannot be used to resolve disputes with any party who is not a signatory participant.

Pre-Grievance Oral Discussion

Any employee or group of employees having a grievance shall take the matter up with the appropriate Steward who shall attempt to adjust the matter consistent with the terms of this CBA with the aggrieved employee’s immediate Superintendent. If no resolution is reached, the aggrieved may move to Step 1 in writing and a copy sent to the Company Labor Relations Group and the Recording Secretary of the Union.

Any grievance arising under the terms of this CBA 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 address the matter with the Section or Group Manager or the designated representative in the section where the alleged violation occurred. Unless settlement is reached within three 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 Branch Manager or designated representative who will hold a grievance hearing within five working days after receipt of the form, with a Union committee consisting of the Chief Steward, one employee, and one member of the permanent grievance committee. If a Labor

Relations Representative is to be present at the grievance 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 working days after the hearing. Failing satisfactory resolution, the matter will be referred to Step 3.

Step 3. If processed to this step, the written grievance will be referred to the Company Labor Relations Group 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. An answer will be given in writing addressed to the Secretary of the Council with a copy to the Chief Steward not to exceed 30 working days unless there is a mutually agreed to extension after the hearing. If no agreement is reached, the matter may be referred to mediation and/or arbitration in accordance with Article IV.

All grievances must be on the agreed upon form, submitted to the Company Labor Relations Group and Union Recording Secretary in an electronic form, and clearly address the following elements:

a. An adequate description of the issues including dates, times, and locations

b. A clear reference to articles of the CBA forming the basis of the grievance

c. Must clearly state the requested remedy

Though grievances settled in the first step or second step of the grievance procedure will not be held as establishing precedent for future grievances, the AEMTC Recording Secretary and the Labor Relations Manager shall receive a copy of the grievance and any settlement for grievance tracking purposes.

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 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 can file a claim per the Pension Plan claims procedure concerning error in payment.

Section 2. Time Limits

Any grievance not taken up with the immediate Supervisor in the area in which the alleged violation has occurred within seven working days after the occurrence of the incident 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 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 written 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 an answer is not filed by either party within the time limits, the grievance will 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/her Chief Steward immediately. If the Chief Steward does not agree, the Union may, within five 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 3. Pay for Grievance Time

Chief Stewards 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 Relations Manager, 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.

Section 4. Mediation

If the grievance is not settled in Step 3 within seven working days, the grievance shall, at the insistence of either party, be submitted for mediation and conciliation. The parties shall mutually contact the Federal Mediation and Conciliation Service (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 CBA. 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.

Section 5. 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 CBA, or

c. an alleged violation of the CBA may be submitted for settlement to the arbitrator within 15 working days after the final action taken under the third step of the grievance procedure or mediation process.

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 FMCS roster of arbitrators into a selection pool. The parties will alternately draw one name from the pool until five names have been drawn. The parties will then alternately strike names until one 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 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 CBA.

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 30 calendar days of such contact or a new list of arbitrators is not requested, the grievance will be considered withdrawn.

ARTICLE V

SENIORITY

Section 1. Seniority

The seniority of an employee shall be determined by the employment date or transfer date into the bargaining unit, whichever is later. The term “seniority group” is meant one of the groups consisting of one or more skill sets listed in Exhibit A of this CBA.

On and after December 22, 2003, 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-month period may be returned to their previous seniority group 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 the employee is discharged by the Company.

b. When the employee quits the service of the Company upon his/her own volition.

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

d. When the employee is not recalled during a period of 36 consecutive months after being laid off.

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 an 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 calendar days of employment in a single seniority group and at the end of this period, if retained, the employee’s name shall be placed on the seniority list, and his/her seniority shall start from the original date of hire. The probationary period may be extended 30 calendar days provided Management notifies the AEMTC President and appropriate Chief Steward 72 hours in advance. Any extensions of probation past 30 days must be by mutual consent of both Union and Company.

Any probationary period interrupted by Leave Without Pay (LWOP) and/or Leaves of Absence(s) (LOA) shall automatically be extended by the same number of days as such absence(s).

A probationary employee shall be allowed to participate in all fringe benefits and use accrued vacation and sick leave after first 30 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, at a minimum of every four 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 other skill sets.

Employees shall have 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 months after the signing of this CBA, an employee list identifying all skill sets for which he/she 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 CBA.

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 90 days following the date of promotion or transfer. Should the employee remain in a non-bargaining unit position beyond the 90-day period, the employee will lose all seniority accumulated under the

CBA.

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 the results of a formal interview. The highest scoring interviewee whose score is a minimum of 70 points and more than eight points better than the other interviewees will be the selectee.

If there is an eight point or less spread between the top scoring interviewees, then the qualifications of those employees is considered equal, and 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 CBA 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

CBA.

Section 7. Filling of Vacancies

A vacancy is defined as a vacated position. A new job is defined as an additional permanent position within the bargaining unit. In case there is no one in a seniority group qualified for promotion under Section 6 of this article, the Company may fill vacancies by following the process outlined in Section 11, Job Postings, to:

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 skill set, will not necessarily by itself satisfy the minimum qualification requirements of a regular, full-time assignment in the higher paying skill set. 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 workforce, probationary employees, apprentices, and interns shall be the first to be laid off from the affected skill set within the seniority group/skill sets 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.

Leads, ET and OE Test Controller skill sets will be combined with journeyman for lay off purposes only and the employees with the least seniority in the combined list 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/she have previously been assigned and held seniority, provided his/her seniority exceeds that of any employee in his/her previously assigned seniority group/skill set.

If a job opening later occurs in the employee’s seniority group from which he/she was laid off, he/she shall be recalled to said seniority group if his/her seniority exceeds that of other employees having recall rights to the seniority group/skill set. The Company will maintain a special list of individuals who 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 telephone and email if provided. If telephone or email contact cannot be made, the employee shall be notified by certified mail, mailed to the last address on record in the Company’s files.

The AEMTC President and/or Recording Secretary will be regularly advised of the notification status. If the Company does not receive a reply from the employee to said letter within six 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 calendar weeks after receiving 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/she 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 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 the Company. 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 CBA, 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, he/she will not be considered for special recall in the future but will retain his/her recall eligibility for the seniority group from which he/she as originally laid off.

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 the employee cannot perform the essential functions of the new job, the employee will be laid off under the same terms as probationary employees. If it is determined during these performance reviews the employee can perform the essential functions of the new job, the employee shall be retained in the new job with a seniority date for lay off and shift preference in the new job being the first day worked in the new job (date of entry).

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

Section 9b. Medical Recall

Any employee will be given the option to be placed on the medical recall list. Eligibility for recall from the medical recall list shall not exceed 24 months from the date an employee is medically terminated from the Company.

If a job is posted by the Company and not filled internally, the Company will review all individuals by skill set on the medical recall list who have been medically released by the Company’s occupational medical provider. The occupational medical provider will determine if the individual to be recalled under this section is able to perform the essential skills of the position with or without reasonable accommodations.

If the Company’s occupational medical provider clears and releases an individual to perform the essential functions of the posted job, the Company will review all restrictions (if any) to determine if medical recall can be offered to fill the position with or without reasonable accommodations. Once a favorable determination is made, the Company will issue a letter notifying the individual of the medical recall. If recall is declined or the Company does not receive a response within six days from the date of delivery as verified via electronic postal service records, and/or if the individual fails to report to work within two calendar weeks after being notified, the individual will be removed from the medical recall list and no longer considered for recall.

Employees who have not been medically cleared by the Company’s occupational medical provider and wish to appeal the decision may follow the process defined in Article XI, Section 2, Ability to Return to Work after Injury, Illness, or Physical Impairment.

Any individual recalled under this section will have performance reviews at monthly intervals (30, 60, and 90 days). If it is determined during these reviews the employee cannot perform the essential functions, the employee will be terminated under the same terms as probationary employees.

Any termination under this section will not be subject to severance allowance if the employee fails to demonstrate the 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 18 months. Seniority will also be accumulated during leaves of absence granted in accordance with Article VI of this CBA and for approved leaves of absence for other personal reasons not in excess of 30 days.

Section 11. Job Posting

Internal Posting. New jobs and/or vacancies to be filled shall be posted internally on the applicable NAS or Chugach website under Human Resources with a description of the job or vacancy, its location, and rate of pay for a minimum of five working days. Those current AEMTC wage workforce members not in probationary status and qualified for the position will receive preference prior to an external candidate being considered. Interested wage employees shall submit an electronic resume on the portal.

External Posting. Jobs not filled by internal candidates and vacancies as a result of lateral bidding (See Section 14 of this Article) will be posted externally on the applicable NAS or Chugach website under Human Resources with a description of the job or vacancy and rate of pay for a minimum of three working days.

The Company will also send an email notice of the job opening to all wage employees concurrent with the posting of the opening on the portal. Employees may receive electronic notification of open positions by signing up to receive such notifications from the Company. Alternately, employees may periodically visit the Company’s web page to view current open positions.

Wage employees may apply for positions with any partner contractor with the understanding that if selected for a position with another company, the employee will be required to resign from their current employer and accept employment with the alternate company. All current employment laws will apply to the employment change, including those related to Company-sponsored benefit programs. When job openings are declared by the Company, the appropriate Chief Steward and the AEMTC shall be notified electronically and in writing of approved position(s).

Filling of vacancies caused by disabilities, leaves of absence, and to maintain minimum core numbers shall not be subject to the posting procedure.

Effective January 1, 2022, all new hires and current employees at less than 90% of the current applicable pay rate with a Department of Labor apprenticeship certificate (card) in the skill set for which they are being/were hired will be placed at 90% of the current applicable pay rate. The normal progression rate still applies, i.e., 90% to 95% one year, 95% to 100% one year.

Section 12. Shift or Schedule Preference (Bump or Riding the Shift)

The employee with the greatest seniority within a classification within a seniority group/skill set will be permitted one shift or schedule preference bump once every six months. It is understood an employee may use his/her seniority for Shift Preference (riding the shift) any time a shift change or schedule change on his/her overtime list occurs. (This is not a bump.) In all cases where the

Company changes the scheduled hours of the day or the scheduled days of the week, the employee within the overtime list may exercise his/her seniority rights. In the absence of unusual or compelling circumstances to the contrary, an employee is entitled to use his/her seniority preference for all shift changes or schedule changes on his/her overtime list in accordance with the following:

A shift/schedule preference bump will first occur within assigned overtime list, then to Branch, and then to Directorate.

Shift preference requests (riding the shift) must be submitted in writing or via email to the craft supervisor when notice of a shift change takes place.

If a bump is approved during the last three months of the fiscal year and either person involved in the bump is the high person on his/her overtime list by 20 or more hours, he/she will have the option to complete the bump and be placed equal to the high person or postpone the bump until October 1.

Training/qualification costs incurred due to shift/schedule preference will be limited to 80 hours.

Shift/schedule preference requests causing more than 80 hours of training will be reviewed on a case-by-case basis by the Labor Relations Manager, Operations and Maintenance Functional Manager, and sent to the applicable Director for final disposition

Must involve a different workweek schedule (i.e., different workdays)

Upon approval, a shift/schedule preference change implementation will take place within 15 calendar days unless operational requirements dictate otherwise

NOTE: Directorate has the same meaning as the term “Department” previously used by other contractors.

Branches report to a Directorate. Employees may only bump within their current company. Mission Ops = NAS Directorate; Base Ops = Chugach Directorate.

Employees will not be allowed to use their shift or schedule preference request(s) (bump) to obtain a shift or work schedule created to support a temporary operational need of 60 days or less. The Company and Union may mutually agree to extend this limitation if the temporary shift or work schedule continues for more than 60 days. Temporary operational needs include; a specific test project, an investment project, turnarounds, emergency, major maintenance, or other such programs.

Riding the Shift will be allowed for temporary shift or schedule assignments of more than seven days within your affected overtime list. No premium payment will result from riding the shift. At the end of the temporary shift or schedule change all individuals impacted due to riding the shift will return to their originally assigned work location and shift or schedule. Riding the shift can be denied based on qualifications and/or skill at performing the work.

A withdrawal of a shift or schedule preference request will count as a shift or schedule preference, and the employee will not be able to submit a shift or schedule preference request again for six months. The shift or schedule preference shall be effective no more than 15 calendar days after notice is given to allow for orientation and training unless operational needs dictate otherwise. This provision shall not be used to remove essential skills or operating capability from any single operating unit. Shift preference issues will be brought to the Labor Relations Manager for review and disposition; a process will be developed to handle such issues and recommended path forward.

Section 13. Transfers

Transfers for a period of more than 60 calendar days are considered permanent and those less than 60 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, but seniority will be used where it is reasonable to do so.

Temporary transfers can be extended by mutual agreement of the Chief Steward and the Company. The request for extension shall not be unreasonably denied. The transferred employee will be returned in relative order to his/her former overtime list at the end of the temporary assignment.

NOTE: Individuals temporarily promoted to a higher skill set (e.g., Journeyman to Lead) will be transferred based on their full-time skill set classification, regardless of current overtime list assignment.

Section 14. Lateral Bids

Lateral bidding is the process of moving within the skill set to a vacant position. Employees may bid on the vacant, posted position. Selection of an employee for a lateral bid will be based on the most qualified candidate. Factors that will be taken into consideration in order to determine the most qualified candidate:

Worker qualifications and training

Years of experience

Seniority

Security Clearance requirements including EAL/SAP lists

Employees will be allowed to bid laterally once per year which will be counted as one shift preference move. Lateral bids will only be applied to the initial job posting; however, at management’s discretion, any subsequent vacancy created as a result of a lateral bid may be filled in the same manner.

If the lateral bid occurs during the last three months of the fiscal year and the person involved in the lateral bid is the high person on his/her overtime list by 20 or more hours, the Company can postpone the lateral bid until October 1. If the lateral bid will impact business needs, the lateral bid can be postponed. The Company will notify the appropriate Chief Steward of any potential delays.

In accordance with Article V Seniority, Section 13 Transfers, the Company reserves the right to temporarily return the laterally bid employee to his/her former position if business/testing needs dictate.

Section 15. Loaned Employee Program

Employees moved between companies (i.e., NAS and Chugach) must utilize the “Loan-To” process which enables personnel to perform work in other areas without having to change employers. Employees on loan will continue to be paid and receive benefits from their actual employer and will continue to report to management of that employer, although they may be directed in their duties by a manager of the employer to which they have been loaned.

ARTICLE VI

UNION LEAVE

Section 1. Union Representatives

Accredited Union representatives shall be granted a reasonable number of leaves of absence without pay, not exceeding 15 calendar days consecutively to attend conventions or other operations. It is agreed 10 days’ notice of such leaves of absence will be given, except in emergencies, and no more than six 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 the duties as an officer or representative of the Union will be given a leave of absence for the term of the office and be renewable at the Union’s request without pay for such purpose. Upon retirement from such office, the employee shall be entitled to return to his/her old position or a position of the same class without loss of seniority, provided the employee reports for work within 15 days following the expiration of his/her leave. An employee granted such leave of absence shall return all security identification issued to them.

ARTICLE VII

HOURS OF WORK AND OVERTIME

This article defines the workday, workweek, scheduled days off (SDO), 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 of hours worked 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 CBA, 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. An employee’s work schedule is the days and hours an employee is scheduled to work within the employee’s established workweek. For further details, see Section 3 of this article.

b. An employee’s workday is a period of 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 24-hour period beginning at the same hour of the day.

c. The work-shift, as designated by the Company, is the specific hours an employee is scheduled to work.

d. Scheduled days off are those days on which an employee is not scheduled to work during the established workweek. The days may fall on any days and in different established workweeks but will be consecutive.

e. An overlapping shift is one in which an employee’s scheduled work-shift overlaps two calendar days by more than 30 minutes. The workday of an employee assigned to an overlapping shift is a 24-hour period beginning at the time the employee is scheduled to begin work, on the first work-shift in the established workweek.

f. A calendar day, for the purpose of Article VII, will be the 24-hour period beginning at 2300.

Section 2. Normal Hours

a. Day shifts (shifts with starting times between 0500 and 0730 Monday) will consist of 8.5 hours and will include a 30-minute, unpaid lunch period with Supervisor’s approval. The lunch period may be taken within 30 minutes before or after the employee’s normal lunch period. Lunches not observed during this 1.5-hour period will, at the direction of the Company, be counted as hours worked and paid at the appropriate rate.

b. The normal second or…