FINAL IBEW TPC 2021 2025_Final Executed Agreement.pdf
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AGREEMENT
BETWEEN
RANGE GENERATION NEXT, LLC
AND
LOCAL UNION NO. 2088
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
TECHNICAL AND PLANT CLERICAL
PATRICK SPACE FORCE BASE
AND
CAPE CANAVERAL SPACE FORCE STATION FLORIDA
EFFECTIVE
SEPTEMBER 1, 2021
EXPIRES
AUGUST 31, 2025
i
Table of Contents
COLLECTIVE BARGAINING AGREEMENT
ARTICLE I
RECOGNITION
SECTION 1.01 EXCLUSIVE REPRESENTATION
SECTION 1.02 WORK COVERED
SECTION 1.03 INTERPRETATION
ARTICLE II
RECOGNITION OF RIGHTS
SECTION 2.01 RECOGNITION OF RIGHTS
SECTION 2.02 STRIKES, LOCKOUTS, AND RELATED INTERRUPTION OF WORK
ARTICLE III
UNION SECURITY
SECTION 3.01 INTRODUCTION OF EMPLOYEES
SECTION 3.02 CHECKOFF
SECTION 3.03 NO DISCRIMINATION
SECTION 3.04 UNION SHOP
ARTICLE IV
GENERAL SALARY PROVISIONS
SECTION 4.01 SALARY RATES
SECTION 4.02 SALARY RATES FOR NEW OR REVISED OCCUPATIONAL CLASSIFICATIONS
SECTION 4.03 PROMOTIONS AND UPGRADINGS
SECTION 4.04 NIGHT SHIFT DIFFERENTIAL
SECTION 4.05 SHOW-UP AND CALL-IN PAY
SECTION 4.06 TEMPORARY DUTY ASSIGNMENTS DIFFERENTIAL PAY
SECTION 4.07 IRREGULAR WORK PERIODS
SECTION 4.08 SCHEDULED MINIMUM EARLY IN PAY
SECTION 4.09 ODD WORK WEEK DIFFERENTIAL
SECTION 4.10 HIGH TIME
ARTICLE V
HOURS AND OVERTIME
SECTION 5.01 DEFINITIONS
SECTION 5.02 COMPUTATION OF OVERTIME PAYMENT
SECTION 5.03 TURNABOUT
SECTION 5.04 CANCELLATION OF IRREGULAR REPORT TIME
SECTION 5.05 MEAL PERIODS
SECTION 5.06 CHANGE IN SHIFTS
SECTION 5.07 TRANSFERS
SECTION 5.08 DISTRIBUTION OF OVERTIME
SECTION 5.09 PYRAMIDING OF OVERTIME
SECTION 5.10 TDY TRAVEL TIME
SECTION 5.11 TRIP ALLOWANCE
SECTION 5.12 TRAINING
SECTION 5.13 REGULAR EMPLOYEES
SECTION 5.14 HAZARDOUS DUTY COMPENSATION
SECTION 5.15 IMMINENT DANGER
SECTION 5.16 HURRICANE RECOVERY TEAM (HRT)
ii
ARTICLE VI
PAID TIME OFF
SECTION 6.01 PAID TIME OFF (PTO)
SECTION 6.02 ELIGIBILITY AND PAYMENT
SECTION 6.03 PTO SCHEDULE
SECTION 6.04 MAXIMUM ACCRUAL LIMITS
ARTICLE VII
HOLIDAYS
SECTION 7.01 DESIGNATED HOLIDAYS
SECTION 7.02 PAY FOR DESIGNATED HOLIDAYS
SECTION 7.03 OBSERVANCES OF HOLIDAYS
SECTION 7.04 TEMPORARY DUTY ASSIGNMENT
ARTICLE VIII
CONTINUOUS SERVICE CREDIT
SECTION 8.01 ACQUISITION OF CONTINUOUS SERVICE CREDIT
SECTION 8.02 CONTINUITY OF SERVICE
ARTICLE IX
SENIORITY
SECTION 9.01 ACQUISITION OF SENIORITY
SECTION 9.02 COMPUTATION OF SENIORITY
SECTION 9.03 TERMINATION OF SENIORITY
SECTION 9.04 EMPLOYEES TRANSFERRED INTO BARGAINING UNIT
SECTION 9.05 LAYOFF
SECTION 9.06 SEVERANCE PAY
SECTION 9.07 TRANSFER OF EMPLOYEES WHEN A SENIORITY GROUP IS DISCONTINUED
SECTION 9.08 RECALL
SECTION 9.09 SHIFT PREFERENCE
SECTION 9.10 SENIORITY PRIVILEGES FOR UNION REPRESENTATIVES
SECTION 9.11 SENIORITY LIST
SECTION 9.12 SENIORITY GROUPS
ARTICLE X
PAYMENT FOR ABSENCE
SECTION 10.01 BEREAVEMENT LEAVE
ARTICLE XI
LEAVES OF ABSENCE
SECTION 11.01 APPLICATION FOR LEAVES OF ABSENCE
SECTION 11.02 LEAVE OF ABSENCE FOR ILLNESS, INJURY OR PREGNANCY RELATED DISABILITY
SECTION 11.03 LEAVE OF ABSENCE FOR UNION ACTIVITY
SECTION 11.04 EXTENDED MILITARY DUTY
SECTION 11.05 NON-WAR MILITARY DUTY ABSENCE AND PAYMENT
SECTION 11.06 JURY DUTY AND COURT WITNESS ABSENCE AND PAYMENT
SECTION 11.07 OTHER APPROVED ABSENCE
SECTION 11.08 ENTITLEMENT FOR EMPLOYMENT RELATED INJURY OR ILLNESS
SECTION 11.09 FAMILY MEDICAL LEAVE
iii
ARTICLE XII
GOVERNMENT SECURITY
SECTION 12.01 DEFENSE SECURITY
SECTION 12.02 FAILURE TO OBTAIN SECURITY CLEARANCE
ARTICLE XII
SAFETY, HEALTH AND INSURANCE
SECTION 13.01 SAFETY AND HEALTH
SECTION 13.02 SAFETY MEETINGS
SECTION 13.03 WORK CLOTHING
SECTION 13.04 HAZARDOUS INSURANCE AND PERSONAL EFFECTS INSURANCE
SECTION 13.05 ENERGIZED CIRCUITS
ARTICLE XIV
COMPLAINT AND GRIEVANCE PROCEDURE
SECTION 14.01 COMPLAINTS
SECTION 14.02 PRESENTATION OF GRIEVANCES
SECTION 14.03 ARBITRATION
SECTION 14.04 TIME FOR PRESENTATION OF GRIEVANCES
SECTION 14.05 RECORD OF DISCIPLINARY ACTION
SECTION 14.06 INVESTIGATION OF GRIEVANCES
SECTION 14.07 DESIGNATION OF STEWARDS
SECTION 14.08 HANDLING GRIEVANCES
SECTION 14.09 SCOPE OF STEWARDS' UNION ACTIVITIES
SECTION 14.10 PERMISSION TO LEAVE WORK FOR UNION ACTIVITIES
ARTICLE XV
GENERAL PROVISIONS
SECTION 15.01 BULLETIN BOARDS
SECTION 15.02 WAIVER
SECTION 15.03 INVALIDITY
SECTION 15.04 SUCCESSORS
SECTION 15.05 EFFECT OF LAW
SECTION 15.06 DRUG FREE WORKFORCE
SECTION 15.07 DISCIPLINE
SECTION 15.08 COMPANY POLICIES, RULES AND REGULATIONS
SECTION 15.09 CROSS TRAINING
SECTION 15.10 REAL TIME CROSS UTILIZATION
ARTICLE XVI
TERM AND NOTICE OF CHANGE OR TERMINATION
SECTION 16.01 TERM, NOTICE OF CHANGE OR TERMINATION
iv
SCHEDULE A
HOURLY SALARY RATES
SCHEDULE B
AUTOMATIC PROGRESSION SCHEDULE
APPENDIX A
SENIORITY GROUPS
APPENDIX B
JOB POSTING PROCEDURE
APPENDIX C
BENEFIT PLANS
APPENDIX D
PAY EXAMPLES
COLLECTIVE BARGAINING AGREEMENT
AGREEMENT, entered into this 1st day of September by and between Range Generation Next, LLC (RGNext), hereinafter called "The Company", and the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2088 (AFL-CIO), hereinafter collectively referred to as "The Union", with respect to employees represented by The Union. All references herein to gender shall be construed as being equally applicable without any reservation to both males and females.
ARTICLE I
RECOGNITION
SECTION 1.01 EXCLUSIVE REPRESENTATION.
The Company recognizes The Union as the sole and exclusive collective bargaining agency and representative, with respect to rates of pay, salaries, hours, and other conditions of employment, for all employees in occupational classifications listed in Schedule A of this Agreement, at the U.S. Space Force Eastern Range at Patrick Space
Force Base, Cape Canaveral Space Force Station, John F. Kennedy Space Center (NASA) and other Florida mainland satellite locations as such work is assigned to The Company's Launch Integrated Services Contract for these locations, but EXCLUDING: all Office Clerical, Administrative, and Professional employees; all employees represented by other unions and all employees permanently assigned Down Range; all Material Handlers, Watchmen, Guards; all Managers, Leaders, and other supervisors as defined in the Labor Management Relations
Act, as amended.
SECTION 1.02 WORK COVERED.
The work of the occupational classifications covered by this Agreement shall be performed only by employees in the bargaining unit.
SECTION 1.03 INTERPRETATION.
Only The Company's Human Resources Manager, or his/her authorized representative or the Business Manager of
The Union, hereafter referred as the parties may interpret, alter or amend this Agreement by mutual action in writing and no individual employee of The Company, or groups of employees shall have cause to complain therefore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon all individual employees or groups of employees whether such action be prospective or retroactive.
ARTICLE II
RECOGNITION OF RIGHTS
SECTION 2.01 RECOGNITION OF RIGHTS.
Except as otherwise expressly provided in this Agreement, nothing herein shall limit The Company in the exercise of the rights and functions of ownership or management, including the right to determine the number and location of its facilities and the methods, quality standards and schedules of operations, to manage the facilities and to direct the working forces. The right to hire new employees, to assign work, to discipline or discharge employees for just cause, to promote or transfer employees, to lay off for lack of work or other legitimate reasons, to determine the hourly schedule of employment, and to make such reasonable rules and regulations relating to the conduct of its employees as it considers necessary or advisable for the efficient conduct of its business, and to require employees to observe such rules and regulations shall be vested exclusively in The Company. Whenever practical to do so, The Company will notify The Union in advance of any such reasonable rules and regulations which are new or changed. Whether or not such rules or regulations are reasonable shall be subject to the Grievance Procedure of this Agreement, including Arbitration. It is agreed that the enumeration of the rights and functions of management herein reserved shall not be deemed to exclude other rights or functions of ownership or management not so enumerated. Management rights shall not be arbitrable except to the extent that they are expressly abridged by a provision of this Agreement.
The foregoing enumeration of management rights and functions is without prejudice to The Union's duty and responsibility in representation of the employees covered by this Agreement, and its rights in accordance with the provisions herein, to process grievances, disputes or differences as to the interpretation or application of any provision of this Agreement.
SECTION 2.02 STRIKES, LOCKOUTS, AND RELATED INTERRUPTION OF WORK.
There shall be no strike, sympathy strike, work stoppage, slow down, sit down, refusal to work, boycott, or picketing by The Union or its representative or members, or lockout on the part of The Company during the term of this
Agreement, unless and until all steps of the Grievance Procedures, including Arbitration, shall have been employed and one of the Parties hereto fails or refuses to comply promptly with any final decision made against such Party thereunder, provided that a member of The Union may refuse to cross an IBEW picket line where employees are engaged in a primary strike approved and sanctioned by the International Office of the IBEW.
If a strike should occur, management employees and all other employees not represented by The Union, including guards, firemen, and other plant protection and maintenance employees, shall be permitted to perform their respective functions without interference by The Union or its members on the basis of a plan mutually agreed upon for such purpose by The Company and The Union.
In consideration of this Section, The Union agrees not to sue The Company, its officers, or representatives, and The
Company agrees not to sue The Union, its officers, agents or members for any labor matters in any court of law or equity.
ARTICLE III
UNION SECURITY
SECTION 3.01 INTRODUCTION OF EMPLOYEES.
Each new employee within the bargaining unit shall be introduced to The Union Steward by the supervisor in the activity to which such employee will be permanently assigned as soon as possible, but in no event later than five (5) working days after he/she reports to his/her supervisor for regular assignment; each employee transferred from another section or shift shall likewise be introduced. The Union Steward's function under the section is to explain the duties of the Steward.
SECTION 3.02 CHECKOFF.
Upon receipt of an employee's written authorization, which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable Collective Bargaining Agreement, whichever occurs sooner
(when revocation is not otherwise provided by local law), The Company shall deduct from such employee's salary, in accordance with this Agreement, such employee's initiation fee and, on the first payday of each month, the employee's Union dues in accordance with the Local Union’s bylaws current dues structure, and remit same to the duly authorized representative of The Union, together with a list of the names of the employees from whose pay deductions were made within ten (10) working days of the first payday of each month, for every employee for whom
RGNext has received a written authorization, Union dues and appropriate initiation fees. Such a written authorization may be revoked by the employee by written notice by certified mail received by The Union during the ten (10) day period prior to the end of any applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective Bargaining Agreement, whichever occurs sooner. Upon timely receipt, The Union shall notify The Company to stop the deduction of dues. In the absence of such notice or revocation, the authorization shall be renewed for an additional yearly period or until the end of any applicable Collective Bargaining
Agreement, whichever occurs sooner. The Union agrees to hold The Company free from all liability in connection with the collection of initiation fees and dues except for ordinary diligence and care in transmittal of the monies to
The Union.
SECTION 3.03 NO DISCRIMINATION.
There shall be no discrimination/harassment by The Company or The Union against any employee because of sex, race, color, religion, sexual orientation, gender identity, genetic information, national origin, creed, age, protected veteran's status, marital status, or disability, as defined by the Equal Employment Opportunity Commission and
American's with Disabilities Act. The Company will notify The Union in advance of any proposed accommodation and The Union will have the option to discuss with The Company any concerns. The Parties agree all accommodations agreed to will be in accordance with the terms and conditions of the Collective Bargaining
Agreement.
It is agreed that The Company and Union and their agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any member of the bargaining unit because of any lawful activities on behalf of
The Union, Union membership or non-membership.
SECTION 3.04 UNION SHOP.
It shall be a condition of employment that all employees of The Company covered by this Agreement who are members of The Union in good standing on the effective or execution date of this Agreement, whichever is later, shall remain members in good standing and those who are not members on the effective or execution date of this
Agreement, whichever is later, shall on the thirty-first (31st) day following the effective or execution date of this
Agreement, whichever is later, become and remain members in good standing in The Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall on the thirty-first (31st) day following the beginning of each employment, become and remain members in good standing in The Union. This provision shall not apply in any location where it is prohibited by any law, and if so prohibited it shall apply whenever the law is changed so that it may be effective.
ARTICLE IV
GENERAL SALARY PROVISIONS
SECTION 4.01 SALARY RATES.
The Hourly Rates for employees covered by this Agreement shall be effective as set forth in Schedule A and
Schedule B, attached hereto and made a part hereof.
Employees in the Operations Control Engineer (OCE) position are classified as exempt employees under the Fair
Labor Standards Act (FLSA) and are not covered by the overtime provisions of the Collective Bargaining
Agreement. These employees will be covered by and record their time under the provisions of The Company’s “Full
Time Accounting” procedures as it is applied to non-represented exempt employees.
SECTION 4.02 SALARY RATES FOR NEW OR REVISED OCCUPATIONAL CLASSIFICATIONS.
In the event The Company establishes a new or revised occupational classification in the bargaining unit, the salary rate applicable shall be determined by negotiation between The Company and The Union. Operations shall not be delayed through failure to immediately agree upon salary rate applicable to any such occupational classification. In such cases, pending the results of negotiations, The Company will establish the new or revised occupational classification and The Company-proposed salary rate applicable thereto and shall place such occupational classification and such salary rate into effect. Negotiated rates finally established which are higher than The
Company-proposed rate will be paid retroactive to the date of the start of the occupational classification.
When new technological changes or system innovations are implemented by The Company that change or modify work performed by represented employees while working within their classification, the newly changed or modified work will continue to be performed by the represented occupational classification(s), to the extent the represented employee will be performing work that is substantially similar to the preexisting work. In determining whether the work is substantially similar criteria such as, but not limited to, the following must be considered:
Whether and to what extent the skill level and criticality of responsibility required in the resulting job are similar to the skill level and criticality of responsibility of the pre-existing job;
Whether and to what extent the resulting job functions are similar to the pre-existing job functions; and
Whether and to what extent the resulting end product of the system is similar to the end product of the pre-existing system.
It is not the intent of The Company to establish unnecessary classifications or to convert bargaining unit work to non-bargaining unit work.
SECTION 4.03 PROMOTIONS AND UPGRADINGS.
Before employees are hired from the outside to fill vacancies in all grades other than Labor Grade One (1), it is the intention of The Company to promote from within the bargaining unit if available employees have the skill and ability necessary to do the work as determined by The Company. In such instance the senior qualified employee will be promoted but The Company will make the final determination relative to promotions. (See Appendix B for Job
Posting Procedure.)
Notwithstanding the above, in the event that there is a dispute regarding The Company's decision in filling a vacancy, including but not limited to the seniority or qualifications of any applicant, the employee and/or The Union shall have the right to contest The Company's decision by filing a grievance and utilizing the grievance procedure up through and including arbitration. The Company shall have the right to fill vacancies in grades other than Labor grade 1 from among applicants outside the bargaining unit only if there are no qualified existing employees who submitted their request to fill the vacancies. Employees in the seniority group in which a vacancy occurs will be given first consideration for such vacancy.
Employees in the following occupations will be upgraded upon completion of the time on active payroll in the lower grade as specified below: The new schedule is effective for anyone entering the bargaining unit on or after
September 1, 1989.)
GROUP CLASSIFICATION TIME SCHEDULE
A From: Junior Technical Clerk
To: Technical Clerk
After a twelve (12) month period as a
Junior Technical Clerk
B From: Drafter C
To: Drafter B
After a twenty-four (24) month period as a Drafter C
From: Drafter B
To: Drafter A
After a thirty-six (36) month period as a
Drafter B
C From: Quality Inspector
To: Quality Analyst
After a twenty-four (24) month period as a Quality Inspector
From: Quality Analyst
To: Senior Quality Analyst
After a thirty-six (36) month period as a
Quality Analyst
From: Video Specialist
To: Senior Video Specialist
After a thirty-six (36) month period as a
Video Specialist
The duties of employees classed in different occupations within the same group are interchangeable, and the distinction between occupations within the same group is based on the experience of the employees in that occupation and not upon the work specifically assigned to the employee. All of the occupations within each group are treated as one occupation for the purpose of layoff and recall under Article IX of the Agreement.
With the exception of the foregoing, it is understood there is no automatic progression from one occupational classification to another.
In the event that an employee is promoted or upgraded to a higher rated occupational classification up to Labor
Grade 6, the employee shall receive the applicable salary rate. In the event that an employee is promoted to an occupation in Labor Grade 7 through Labor Grade 10, the employee shall receive: (1) 2 1/2% for each Labor Grade difference up to a maximum of 10%, (2) the salary rate for the new occupation classification, whichever is higher.
SECTION 4.04 NIGHT SHIFT DIFFERENTIAL.
A shift differential of 10% of the employee's straight time base rate shall be paid for all time worked on a night shift.
An employee shall not receive the night shift differential for hours worked before or after his/her regular shift if an overtime rate is received only because such hours are before or after his/her regular shift.
SECTION 4.05 SHOW-UP AND CALL-IN PAY.
An employee (A) reporting for work in the absence of notice not to report , or (B) an employee called in to work on a holiday or on one of the employee's scheduled days off, or (C) an employee who is scheduled back or recalled after completing a day's assignment and has checked out and left the employee's place of employment, shall receive not less than the equivalent of four (4) hours pay at the applicable rate; provided, however, that any amount paid for hours actually worked shall be credited against such minimum guarantee.
SECTION 4.06 TEMPORARY DUTY ASSIGNMENTS DIFFERENTIAL PAY.
Employees who are assigned temporary duty outside the Continental United States will be paid their straight time hourly rate plus a differential of 30% in addition to any premiums or differentials which may be applicable for all hours worked.
Eligibility for differential payment will start on the day of departure and stop on the day of return. However, the 30% differential will not be paid for those days identified in Table 7.04, SECTION 7.04 where the employee does not work.
It is agreed that in an uncovered work week, employees will not be required to work extended periods of overtime and to work on scheduled days off unless the work is required to cover bona fide emergency situations. Any extended periods of overtime and work on scheduled days (except for emergency situations) require prior
Department Manager approval and will be compensated at the appropriate overtime rate.
An employee will receive a minimum of three (3) working days advance notice of a temporary duty assignment except in cases of emergency.
SECTION 4.07 IRREGULAR WORK PERIODS.
When the longest period worked in a "regular work day" is less than eight (8) consecutive hours, The Company will pay an employee, who is available for work, at his/her straight time rate for the difference between the number of hours worked in one such period and eight (8) hours.
In computing the payment due under this provision for hours not worked, no other Section of this Agreement shall apply except that hours paid in accordance with Section 4.05, Show-Up and Call-In Pay, shall be considered as time worked (i.e., four (4) hours paid at the applicable rate shall be counted as four (4) hours worked). This provision shall not apply to "scheduled days off", nor to holidays.
For purposes of this provision only, hours of work performed before midnight will be considered as performed in the calendar day ending at midnight and hours of work performed after midnight will be considered as performed in the calendar day starting at midnight. When an employee's "regular shift" includes midnight, his/her "regular work day", for the purpose of this provision, will be the twenty-four (24) hour period beginning with the starting time of his/her
"regular shift".
Except as set forth above, this provision shall not be deemed to modify or invalidate any other provision of the
Collective Bargaining Agreement.
SECTION 4.08 SCHEDULED MINIMUM EARLY IN PAY.
An employee will not be scheduled to report to work less than one hour prior to his/her normal shift start time, except if the need for early in time is less than one hour, the employee has the option to report in at the later time and receive payment for actual time worked.
SECTION 4.09 ODD WORK WEEK DIFFERENTIAL.
Employees normally assigned to or working an odd work week schedule (other than Saturday and Sunday off), will receive an odd work week premium of seventy-five cents (75) per hour for all hours worked.
SECTION 4.10 HIGH TIME.
Employees who are required to work on structures in excess of thirty (30) feet above the surrounding base (ground)
(sixty [60] feet when in a man lift), area where safety equipment is required, will receive an additional $6.00 an hour for all time worked on such structures. Employees entitled to height premium will receive a minimum four (4) hours per occasion.
When overtime premium and height premium are due concurrently, both will be paid and calculated on the employee’s base rate.
The Company will provide basic climbing training, Fall Protection training and Rescue Climber training to employees who volunteer and are selected to become Climbers. A “tower climb” list will be maintained for tower climbs. Those employees on the “tower climb” list will receive a bonus of $250 payable at the completion of five (5) tower climbs provided they maintain rescue climber certification. The first available “tower climb” will be offered to the available qualified person with the least number of hours on the “tower climb” list. If no one volunteers to climb, the persons with the least number of hours on the climb list will be forced.
ARTICLE V
HOURS AND OVERTIME
SECTION 5.01 DEFINITIONS.
The Parties recognize the importance to the defense effort of the work being performed under the terms of this
Agreement, and The Company agrees that consistent with meeting range requirements every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday.
1. "Normal Work Week". The "normal work week" for employees covered by this Agreement shall consist of five (5) consecutive days, Monday through Friday, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours. The "normal work week" for continuous operations shall consist of five (5) consecutive days, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours. Once beginning time of an employee(s) normal work week is established it shall remain fixed, but may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Fair Labor Standards Act.
2. "Scheduled Days Off". Each employee shall have two (2) consecutive "scheduled days off" in each
"regular work week". A "schedule day off" shall be a regular work day during which no "regular shift" is scheduled to start. For employees whose scheduled days off are Friday and Saturday and whose regular shift spans 0000L, Friday shall be considered the first scheduled day off and Saturday shall be considered the second scheduled day off for the purpose of determining the applicable rate for hours worked on scheduled days off in accordance with Section 5.02, Computation of Overtime
Payment.
3. "Regular Work Week". The "regular work week" for all employees shall begin at 0000L Saturday and end at 2400L Friday the following Friday (i.e., seven (7) consecutive calendar days, Saturday to
Friday, inclusive).
4. "Regular Work Day". For the determination of daily overtime and of overtime worked in the "regular work week", on "scheduled days off", and on holidays the "regular work day" will be used and will consist of twenty-four (24) consecutive hours, from 0000L to 2400L (in the same the calendar day).
In all cases, the first "regular work day" in the "regular work week" will begin at the time the "regular work week" begins (i.e., 0000L Saturday). Hours worked on or in conjunction with a "regular shift" starting in the "regular work day" will be counted as worked in such "regular work day".
5. "Regular Shift". Hours of operation are 0730L – 1630L, which is a typical shift. A "regular shift" shall be scheduled in advance, and shall consist of eight (8) consecutive hours during a "Regular Work
Day", exclusive of meal periods. A "Regular Shift", once set, cannot be changed except by proper notice as defined in Section 5.06, "Change in Shifts".
6. “Base Eight (8)”. The “Base” 8 hours are the required 8 hour period for each “Regular Work Day”.
The eight continuous hour period required in a “Regular Work Day” is paid with any combination of
Regular Shift codes or Regular Premium codes. Overtime codes are not to be used to make the
“Base” 8.
7. "Night Shift". The term "Night Shift" shall mean any shift starting at or after 1300L. and at or before
0600L. Night Shift differential is to be coded for hours that are not Regular Premium if the work shift started at/or before 0600L at/or after 1300L.
8. "Base Rate". An employee base rate for purposes of this agreement shall be the employees straight time hourly rate applicable to his/her classification, exclusive of any differentials.
9. "Working Rate". An employee working rate for purposes of this agreement shall be the employee’s base rate of pay plus any differential(s) or premiums.
10. "Odd Work Week". An odd work week shall be any five (5) consecutive work days that do not include Saturday and Sunday as the scheduled first and second days off.
11. “Regular Premium” hours. (Pre or Post Shift) Additional hours worked outside the “Regular Shift” may be used to make the “Base” 8 total eight (8) hours. Hours coded as time plus one-half are Pre or Post Shift premium pay.
12. “Special Premium” Any hours worked after the eleven (11) continuous hours that are worked during your “Regular Shift” or used to as part of the “Base” 8. This pay code is a double time pay code.
13. “Mission Release Time”. Hours required to make the total “Base” 8 hours. These hours require prior management approval.
14. “Show-Up”. Employee reporting for work scheduled in advance.
15. “Call-In”. An employee is called in to work on a holiday or on any of the employee’s scheduled days off, or recalled after completing a day’s assignment and released from work.
SECTION 5.02 COMPUTATION OF OVERTIME PAYMENT.
Overtime compensation shall be computed on the basis of actual overtime worked to the nearest one-tenth (1 1/10) hour. Payment for overtime hours worked shall be computed at the following rates:
Time and one-half of the employee's working rate shall be paid:
(A) For hours worked in excess of eight (8) and not in excess of eleven (11) in a regular work day.
(B) For the first eleven (11) hours worked on the first scheduled day off.
(C) For hours worked before the commencement or after the ending of the employee's "regular shift".
Double time of the employee's working rate shall be paid:
(D) For hours worked on the employee's second scheduled day off.
(E) For hours worked over eleven (11) in any continuous work period.
SECTION 5.03 TURNABOUT.
When an employee is required to report for work without being given at least ten (10) hours off after the completion of the employee's previous work period of not less than eight (8) hours, employee shall be paid at the applicable rate for all time worked during the succeeding work period. For purpose of determining the applicable rate under the foregoing, break time will accumulate, although there shall be no payment for such break time.
An employee will not be obligated to work more than twenty-four (24) continuous hours. Whenever an employee works twenty-four (24) continuous hours, he/she will be given at least a ten (10) hour break before being required to report for his/her next work period.
SECTION 5.04 CANCELLATION OF IRREGULAR REPORT TIME.
If The Company fails to notify an employee, at least ten (10) hours in advance, of cancellation of a reporting time other than the start time of his/her "Regular Shift", the employee shall be permitted to report for such assignment unless notice of cancellation is given prior to his/her departure from his/her assigned work place during the last work period prior to such assignment.
SECTION 5.05 MEAL PERIODS.
RGNext contractual hours of operation is 0730-1630 to receive and execute work. Employees shall be entitled to a meal period during which they shall be relieved of their duties. No employee shall be required to work more than six (6) hours during their regular shift without being given a meal period of not more than one (1) hour, such meal period to be given after the third hour and to be completed by the sixth hour.
In the event an employee is required to continue duties during a meal period during the normal work week in accordance with the foregoing, even though the employee may be permitted to eat while on the job, or confined during this period in a locked blockhouse without reasonable facilities as determined by The Company, the employee shall be compensated for such time and, if requested by the employee, shall not be sent home prior to having worked eight (8) hours, plus the time normally allotted for his/her meal period. If a work period extends beyond eight (8) hours, additional meal periods may be granted when requested by the employee and approved by supervision.
Meal periods will not be scheduled on scheduled days off, as defined in Section 5.01 (B), or on Night Shifts, as defined in Section 5.01 (F), except when requested by the employee and approved by supervision.
An employee may request, with management approval, to take a “NO LUNCH” and work a straight eight (8) hours before being released to go home.
Employees permanently assigned to a remote location, such as Tel IV or 19.14 Radar, will have the option to work a
“no-lunch” (straight eight (8) hour shift) unless otherwise notified of an operational requirement by management.
SECTION 5.06 CHANGE IN SHIFTS.
Shifts will continue to be scheduled as presently established. Changes in shifts will be made only as dictated by range requirements.
No shift change shall be made until The Union has been advised of such change. All shift schedules shall be scheduled in advance, shall be effective on Saturday and shall not be for less than seven (7) calendar day duration unless an overtime rate is paid.
The Company shall give notice of at least seven (7) calendar days of any change in regular shifts to The Union and the employees affected. In the event seven (7) calendar days notice of a shift change is not provided, an employee shall be paid time and one-half (1 1/2) their straight time hourly rate for all days which seven (7) calendar days notice was not provided. Shift assignment in areas with more than one shift shall be bid quarterly on the basis of seniority.
SECTION 5.07 TRANSFERS.
An employee may be temporarily assigned to work at any location provided that such assignment does not exceed forty (40) calendar days within the Continental U.S. or forty-six (46) calendar days outside the Continental U.S.
When transferred on a temporary basis, the employee shall be permitted by The Union to work at the assigned location, on a temporary basis, provided there is no adverse effect on the full time earnings of more senior employees in the bargaining unit.
When assigned on temporary duty between Patrick Space Force Base, Cape Canaveral Space Force Station and
John F. Kennedy Space Center (NASA), the employee will report to his/her temporary work site directly from his/her place of residence. In the event that an employee is required to report TDA to a work location that’s distance is greater than that of their normal work center, the employee will be reimbursed roundtrip mileage for the difference between their normal work center and the TDA work center.
Changes in permanent work location within the same seniority group shall be by classification on the basis of seniority.
SECTION 5.08 DISTRIBUTION OF OVERTIME.
Overtime shall be distributed equitably among the employees within the respective groups consistent with efficient operation. The first available overtime will be offered to the available qualified person with the least number of hours on the overtime list. The computation of overtime shall be in converted time (i.e., eight (8) hours worked at time and one-half pay shall be charged as twelve (12) hours worked). The Company shall make such overtime records available to the employees and The Union.
Distribution of overtime will be within the current U.S. Space Force "Overtime Guidelines" as published by the
Department of the U.S. Space Force 45 SPW.
SECTION 5.09 PYRAMIDING OF OVERTIME.
No employee shall receive more than one overtime rate for the same hours worked, and if more than one rate is applicable to the same hours worked, the higher rate only shall be paid.
SECTION 5.10 TDY TRAVEL TIME.
An employee who travels to or from a TDY assignment will be paid for such travel time at his/her straight time hourly rate, exclusive of differential payment for all hours traveled up to sixteen (16) hours per day.
When an employee is required to travel and work on the same day, all travel time will be considered time worked for the purpose of determining the applicable rate for hours worked.
An employee who travels to or from a TDY assignment that takes him out of the Continental U.S. or returning to the
Continental U.S. will be paid for such travel time at his/her straight time hourly rate in addition to a 30% differential applied to the first eight (8) hours of the travel day. Any additional travel hours will be paid at a straight time hourly rate. The maximum travel hours paid in any one travel day will be sixteen (16).
An employee who is required to travel to or from a TDY assignment that takes him out of the Continental U.S. or returning to the Continental U.S. on his/her first or second scheduled day off will be paid for such travel at a time and one-half (1 1/2) base rate in addition to a 30% differential applied to the first eight (8) hours of the travel day.
Any additional travel hours will be paid at a time and one-half (1 1/2) hourly rate. The maximum travel hours paid in any one travel day will be sixteen (16).
An employee who is required to travel to or from a TDY assignment on one of his/her scheduled days off will be paid for such travel at a time and one-half (1 1/2) base rate up to a maximum of sixteen (16) hours per day.
All travel on scheduled days off must be approved by the employee’s manager. Employees who travel to seminars/schools on scheduled days off will receive straight time pay for all hours traveled up to sixteen (16) hours per day.
Employees who option to travel on their scheduled days off will receive straight time pay for all hours traveled up to sixteen (16) hours per day.
For commercial flights, departure time from residence shall be two (2) hours within Brevard County, three (3) hours if outside of Brevard County, prior to scheduled airline departure time, and time spent in travel status to final destination shall be used for computation of travel pay, up to a maximum of sixteen (16) hours pay per day at the applicable rate. On returning commercial flights travel time to residence shall be one (1) hour after flight arrival if within Brevard County and two (2) hours if flight arrival is outside Brevard County.
For government furnished travel, scheduled report time on departure and one (1) hour after clearing customs on return will be used for computation of travel pay, up to a maximum of sixteen (16) hours pay per day at the applicable rate.
At TDY locations, travel from hotel to airport of departure and time spent in travel status to final destination will be used for computation of travel pay.
All travel times shall be based on "Local Time" at the location where the travel starts and shall remain on that "Local
Time" until the employee completes the TDY travel or Remain Over Night (RON).
SECTION 5.11 TRIP ALLOWANCE.
Federal Acquisition Regulation shall be followed in determining reimbursable expenses for lodging, meal allowances and incidental expenses incurred on company business for travel inside or outside the United States. The rates will not exceed on a daily basis the maximum per diem rates in effect at the time of travel set forth in the Joint Federal
Travel Regulation.
Employees who travel are required to obtain a company sponsored credit card, and complete the Deltek travel authorization, and submittal process. For those locations such as Ascension that do not accept credit cards, a cash advance will be coordinated no less than 14 days in advance of travel.
SECTION 5.12 TRAINING.
The Company shall develop a training program that will ensure a fully trained and qualified staff. This training shall include: new employee training, proficiency training for on-board personnel, new or modified maintenance requirements training and follow-on training support to new and or modified operational systems. Provide structured, as applicable to the Enterprise Qualification Program (EQP), follow-on training for operational systems. This applies to systems that may not yet be in an operational status. The Company shall maintain and keep current a recorded or web based training library. The Company will maintain training equipment in an operational status to perform the training function.
Training will be accomplished utilizing the most cost effective method at all times.
Employees reassigned as a result of a reduction in force (RIF) within a Seniority Group will be trained as necessary.
The O.J.T. Program will be a structured, multi-level program conducted over a six (6) month period of time.
Training preference will be given within the work location on the basis of seniority to employees in the affected classifications. Those employees who have training assignments already assigned to them may not be eligible for further training until current training assignments have been completed.
SECTION 5.13 REGULAR EMPLOYEES.
It is the intent of the parties that only regular full-time employees of the Bargaining Unit will be permitted to perform
Bargaining Unit work. Additional full-time employees will be hired if overtime, rearrangement of schedules or other procedures are inadequate to meet the personnel needs of The Company.
It is the intent of The Company to offer employment of not less than forty (40) hours per work week for fifty-two (52) weeks of each year to employees covered by this Agreement who are ready and available to work, provided nothing in this section shall be construed to prevent The Company from releasing employees because of lack of work or for other proper and legitimate reasons, as provided for in other articles or sections of this Collective Bargaining
Agreement.
SECTION 5.14 HAZARDOUS DUTY COMPENSATION.
In the event an employee is detained by terrorists or by a foreign government, unless the detention by the foreign government is pursuant to an agreement with the United States, or detained by an unfriendly government, at no fault of the employee, the employees pay and benefits shall remain intact for a period not to exceed three years. These payments will be offset by any other statutory payments.
SECTION 5.15 IMMINENT DANGER
Imminent Danger is defined as an enemy or terrorist attack that has occurred or is likely to occur and all other personnel are released from work. The Imminent Danger rate of pay shall be paid to any employee who is not released within two (2) hours of notification by the U.S. Space Force Contracting Officer to The Company to release all non-critical employees due to a FPCON Delta.
Subject to Section 5.09 of this Agreement, Imminent Danger pay will be paid at base pay rate plus two times of the employee’s base pay rate for all hours worked up to a maximum of 40 hours for any single occurrence.
SECTION 5.16 HURRICANE RECOVERY TEAM (HRT)
RGNext proposes to pay personnel who are utilized during periods of preparation and recovery actions associated with Disaster and Recovery Support:
1) Under the Launch Integrated Services Contract (LISC), RGNext bears the primary responsibility for protecting our personnel and all assigned Eastern Range sites, facilities, systems, and equipment. In the event of disaster conditions at any ER location, RGNext requires personnel to support the implementation and the provisions of the RGNext Hurricane or Disaster/Recovery plan and will render to the U.S. Space
Force, any other assistance required.
2) It is the intent of The Company to first seek volunteer HRT team members. If The Company does not receive the appropriate amount of volunteers, The Company will utilize newly established HRT Volunteer/Force lists for each area required to fulfill contractual obligations. HRT team assignment will be as equitable as possible in relation to compensation as well as assuring that individuals who may be forced to work a single event, will not be forced to work consecutive assignments when resources are available to support rotation of assignment. The Company understands that individuals assigned as HRT team members may not be able to fulfill their obligation if circumstance beyond their control occur to them or their household. HRT team members will be identified by 31 May of each year and in the event of multiple occurrences within that year no later than two (2) hours after initial HURCON IV notification during normal working hours.
3) In support of HRT Team services, The Company will provide annual training, flashlights, raincoats and bottled water available for use. The Company plans on providing Land Mobile Radios (LMR) radios to the teams of employees that will be fielded to support the HRT activities. However, if LMRs are not provided or they do not work, The Company will pay a portion of the HRT team member’s personal cell phone bill for the days that the member actively participates in HRT activities pre- and post-event, as described in the example.
Example: In a 31-day month (July or August), a HRT team member is called up for four (4) HRT team days. The HRT team member will submit an expense voucher with attached cell phone bill for 4/31 the cost of the base cell phone bill. The Company will reimburse each activated HRT team member for the appropriate number of days of active support (a portion of the cost of the base cell phone bill). If the HRT team member was only activated for two (2) days, the reimbursement would be 2/31 of the cost of the base cell phone bill in a 31-day month.
4) The Company acknowledges that there are several employees who may have responsibilities or reside within the barrier islands who may need sufficient time to prepare to support HRT team or final close out preparation requirements. HRT team members or those identified who may require personal preparation time to support final preparation close-out will be released from work if conditions allow. (Example: A storm that develops outside of the typical time table developed for normal HURCON level notification may prevent this allowance) This release time will be paid at the standard applicable rate provided it occurs during their standard work week hours. The determination of release time and need must be approved by Management.
If an employee feels that management release time is insufficient, the employees concern will be elevated to
The Company’s HR Manager and the Local’s Business Manager for immediate resolution.
5) An employee may be released from work only by an immediate supervisor or higher RGNext management.
It is the employee’s responsibility to keep his or her supervisor informed of the employee’s whereabouts in the event an evacuation is pending so the employee may be notified promptly of changes that affect the work situation. For recall/recovery purposes, employees should follow official return-to-work instructions of the RGNext official notification procedures, including and not limited to an automated notification system and website or their supervisor for specific instructions. When the event has passed, employees shall contact their supervisors or other designated contact to provide their status. An employee who is assigned or requested to report to work or to continue preparations after HURCON II actions are complete or designated as mission essential personnel for the purpose of emergency support during and through RECON II, will be paid at two times the employee’s base pay rate for all hours worked. An employee reporting for duty shall receive not less than four – hours pay at the applicable rate. If such duty occurs on a Holiday, HRT team members who report for duty will defer their Holiday and receive an applicable rate.
ARTICLE VI
PAID TIME OFF
SECTION 6.01 PAID TIME OFF (PTO)
PTO benefit is a time-off plan that combines vacation, sick and personal days in one flexible pool of time available to meet the personal needs of Eligible Employees, while balancing business needs. Employees accrue paid time off each week. PTO will, so far as possible, be granted at times most desired by employees, but the right to fix the time for PTO is reserved by The Company in order to ensure orderly and efficient operation. When the schedule of vacations of employees in the same occupational group would hamper efficient operations, the choice of vacation time shall be determined by occupational seniority within the group. Allow less senior employees to choose their first vacation time prior to the more senior employees choosing their second and subsequent vacation times. When consistent with efficient operations and with prior approval, an employee may be permitted to schedule PTO in partial day increments. The first increment cannot be less than one-half hour, additional PTO time may be taken in one-tenth (1/10) hour increments.
SECTION 6.02 ELIGIBILITY AND PAYMENT.
Full time employees will accrue paid time off hours weekly, based upon their benefit date. Years of service is measured from the employee’s benefit date.
PTO can be used for any reason, including illness (personal and/or family), vacation, personal business, leisure activities, health related appointments (personal and/or family) as well as time off associated with the Family
Medical Leave Act. Separate Company policies apply to holidays, bereavement, jury duty, military leave and the
Family Medical Leave Act.
Employees cannot buy or sell PTO. Employees are also not allowed to charge PTO that has not been earned.
Supervisory approval is required for an employee to schedule PTO. For scheduled activities (appointments, vacations, etc.), the employee is required to notify their supervisor in advance; for unexpected absences (illness, accident, etc.) the…
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