SCOSS_CBA_between_LongView_and_UE_(CA).pdf

Collective Bargaining Agreement

LongView International Technology Solutions, Inc.

United Electrical, Radio and Machine Workers of America (UE)

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 1 – AGREEMENT

This Agreement is entered into [day month year] by and between LongView International

Technology Solutions, Inc (hereinafter called the ―Employer‖) and the United Electrical, Radio and Machine Workers of America, and its affiliate, UE Local 1008, (hereinafter called the

―Union‖).

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 2 - UNION RECOGNITION

The Employer recognizes the UE as the sole exclusive bargaining agent for all regular full-time and regular part-time clerical employees engaged in file maintenance and processing, employed by the employer at the U.S. Citizenship and Immigration Services Center located in Laguna Niguel, California, but excluding all other employees, temporary employees, administrative assistants, professional employees, managerial employees, guards and supervisors as defined in the National Labor

Relations Act for the purpose of collective bargaining with respect to rates of pay, hours of work and all other conditions of employment.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 3 – MANAGEMENT RIGHTS

The Union acknowledges that the Employer has the responsibility to successfully execute its portion of the SCOSS program and agrees that except as expressly limited by specific language in this Agreement, all statutory and inherent management rights, prerogatives, and functions are retained and vested exclusively in the Employer, including, but not limited to, the rights in accordance with its sole and exclusive judgment and discretion: to all rights it had at the time it was awarded the SCOSS program; reprimand, suspend, discipline and discharge employee(s) for cause; to determine the number of employees to be employed, to hire employees, determine their qualifications and assign and direct their work: to promote, demote, lay off and recall to work or terminate or otherwise relieve employees from duty for lack of work or other reasons: to make temporary or permanent transfers; assign and schedule work or shifts, determine the number of hours per day or per week services or operations will be performed, including, determining the need for overtime, when it shall be worked and requiring employees to perform overtime work;

determine and from time to time re-determine the number, location and type of its operation and the methods materials, equipment processes and facilities to be employed; to introduce and use new technology, equipment, machinery, tools, processes, practices or labor saving devices or methods of performing work; to issue, amend, and revise policies, rules, regulations, practices, and procedures; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Employer, and to direct the Employer’s employees;

discontinue services or operations or to discontinue the performance of such services or operations by employees of the Employer; to utilize suppliers and subcontractors and otherwise to take such measures as the Employer may determine to be necessary for the orderly and efficient operation of the business.

The foregoing enumeration of Management’s Rights shall not be deemed to exclude other rights of management, not specifically set forth, provided that no supplementary right of management may abridge any specific term of this agreement. The Employer’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Employer’s right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 4 – NO DISCRIMINATION

The Employer and Union agree that there shall be no discrimination on the basis of race, color, religion, gender, disability, or any other unlawful criteria as those terms are defined under federal and state laws and regulations governing employment. It is agreed that there shall be no discrimination, interference, restraint or coercion by either party against any employee because of his or her membership or non-membership in the Union. Neither party shall retaliate against an employee for participating in the grievance process or an Employer investigation.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 5 - GENDER NEUTRAL

All references to ―employee,‖ ―employees,‖ ―she,‖ ―he,‖ ―her,‖ ―him,‖ ―his,‖ or ―hers‖ in this

Agreement refer to both male and female employees. These terms are used solely for the purpose of brevity and do not imply or refer to a particular sex or gender, or reflect any discrimination by either Party.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 6 – UNION SECURITY

Subject to applicable law, all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement or who become members of the Union in good standing following the effective date of this Agreement shall as a condition of employment remain members of the Union in good standing insofar as the payment of periodic dues and initial fees, uniformly required, is concerned.

Subject to applicable law, all present employees covered by this agreement who are not members of the Union and individuals covered by this agreement hired after the effective date of this

Agreement shall as a condition of employment, beginning on the thirtieth (30 th

) day following the effective date of this Agreement or the thirtieth (30 th

) day following employment whichever is later, become and remain members of the Union in good standing insofar as the payment of periodic dues and initiation fees, uniformly required, is concerned.

The Union agrees to indemnify and hold the Employer harmless from and against any and all claims, demands, suit, dispute or other form of liability that arises out of, or by reason of any action taken by the Employer pursuant to the provisions of this article, including the reasonable costs of any defense made necessary by any such liability, claims, demand suit or dispute.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 7 – CHECKOFF

Upon receipt by the Employer of a written checkoff authorization from the employee, during the term of this Agreement the Employer agrees to deduct from the wages of each of its employees, as so requested in writing, all initiation fees and dues or applicable Service Fees until such authorization is revoked by the employee in accordance with this Agreement. Such written authorization may be revoked by the employee by written notice to the Employer and the Union during the ten (10) day period prior to the yearly anniversary of the authorization or during the ten (10) period prior to the termination date of this Agreement.

The Employer shall deduct from an employee’s wages only that amount of money which the

Treasurer of the Union has certified to the Employer, in writing, is the amount of dues, properly established by the Union in accordance with applicable law and the Union’s constitution and bylaws, required of all employees as a condition of acquiring or retaining membership in the

Union. If, for any payroll period in which the Employer is obligated to make deductions pursuant to this Agreement, the wages owed an employee (after deductions mandated by any governmental body) are less than the amount of money which the employee has authorized the

Employer to deduct pursuant to any such written authorization, the Employer shall make no deductions from wages owed to the employee for that payroll period and shall make no deductions, which would have been made from wages owed the employee for that payroll period, from wages owed the employee for any future payroll period.

The deduction will be made on a semi-monthly (twice per month) basis.

The Employer will remit the amounts so deducted to the Financial-Treasurer of UE Local 1008 on a monthly basis.

The Union agrees to indemnify and hold the Employer harmless from and against any and all claims, demands, suit or other form of liability that arise out of, or by reason of, any action taken by the Employer pursuant to the provisions of this article, including the reasonable costs of any defense made necessary by any such liability, claims, suit or dispute.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 8 – NO STRIKE NO LOCK OUT

It is expressly understood that the Employer’s business is directly related to important and critical work of the United States Government, and that efficient and uninterrupted services must be furnished to the agency that has need of and makes use of the capabilities of the Employer.

Therefore, the parties agree that during the term of this Agreement and any extension thereof:

A. The grievance and arbitration process shall be the exclusive means for the resolution of all disputes that may arise between the Parties or employee(s) and the Employer.

B. The Union, its officers, agents, stewards, and members, and all other employees shall not for any reason or in any way, directly or indirectly, instigate, lead, engage in, authorize, cause, assist, encourage, participate in, ratify, or condone any strike, sympathy strike, slowdown, work stoppage, refusal to work, refusal to cross a picket line or any other action that would or does interrupt or interfere with any of the operations of the employer.

C. Any employee or employees who individually or collectively violate the terms of this

Article or participate in any activities prohibited by this Article will be immediately discharged. Any such disciplinary action shall be subject to the grievance and arbitration procedure defined herein, provided that if the Employer proves that the employee(s) did participate in such action, in violation of this provision, then the Arbitrator shall not have the authority to change the discharge.

In the event of a threat of or actual violation of this Article, the Union, its officers, agents and members agree that they will use their best efforts to prevent and/or end such prohibited conduct, utilizing every possible means to include but not be limited to:

1. Requesting through personal contact or meeting with employees that they comply with the Agreement and not encourage or participate in any prohibited conduct.

2. Notifying all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

3. Informing those employees who are engaging in prohibited conduct that they should return to work and/or otherwise fully comply with the terms of this Agreement.

Violation of this Article, and any resulting liability, shall not be excused or forgiven because the

Union is engaged in any form of lawful or unlawful strike or other collective activity against any other contractor, or because the employees covered by this Agreement engaged in any form of conduct prohibited by this Article in support of or in sympathy with the employees of any other employer who may be engaged in a strike or other form of collective activity.

In consideration of the Union’s commitment as set forth above, the Employer shall not in any way, directly or indirectly, instigate, lead, engage in, authorize, cause, assist, encourage, participate in, ratify, or condone any lockout of the Employees from the facility.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 9 – BULLETIN BOARDS

The Employer will designate sites where the Union can install bulletin boards for the exclusive use of the Union. The bulletin board shall be glass enclosed and have a locking mechanism. The

Union shall submit all proposed postings on the bulletin board to the Employer for prior approval except:

1. Notices of Union meetings;

2. Notices of elections of Union officials and the results of such elections;

3. Notices of recreational and social events.

It is understood that the bulletin board shall not be for the posting of any material derogatory to the Employer or its employees. Similarly, the Employer shall not post any material derogatory to the Union or its employees on Employer bulletin boards.

It is acknowledged by the Union and the Employer that the Employer’s obligation under this provision is subject to the Government’s agreement allowing the placement of the bulletin boards in the building referenced in this Article 9, and is subject to any installation requirements imposed by the Government. Further, any costs associated with the installation of the bulletin board will be borne by the Union.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 10 – DISCIPLINE AND DISCHARGE

Except as otherwise provided with respect to probationary employees in Article 13 of this

Agreement, the Employer may discipline or discharge employees for just cause.

During any discussions or conferences with employees, the substance of which in whole or in part, may lead to disciplinary action, the employee may request that a Union steward be present.

In the event that a Union steward is requested and is not immediately available, the Employer will wait a reasonable period of time, but no later than one (1) regular business day (eight (8) hours), before proceeding with the discussion or interview. In emergency situations, or situations which otherwise require immediate action, the Employer may proceed with the discussion or conference without the presence of a Union steward.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 11 – GRIEVANCE AND ARBITRATION PROCEDURE

The Employer and the Union shall make good faith efforts to discuss and, if possible, to resolve grievances informally and in a timely manner.

The exclusive means to resolve any dispute involving the application or interpretation of the terms and provision of or alleged violations of this Agreement should the parties not be able to resolve the grievance informally, unless otherwise provided in this Agreement, shall be the following procedures:

Step 1 – Within five (5) business days of the event which gave rise to the dispute, any matter of contention between an employee, or the Union and the Employer initially shall be presented by the employee, and fully discussed, with or without a steward, between the affected employee or the Union and the appropriate Employer supervisor in order to resolve the matter.

If the matter is not resolved at this Step I, either party may advance the matter to Step 2.

Step 2 – Either party may submit a grievance by reducing it to writing on a form approved by the parties and submitting the written grievance to the other party within five (5) business days of the informal meeting provided above. The Union shall submit its grievance to the Site Manager and/or the Employer shall submit its grievance to the Union Steward.

The written grievance shall set forth a statement of the dispute, including the date the event(s) occurred that gave rise to the grievance, the details of the event, the Article(s) of this Agreement allegedly violated, and the specific remedy or relief requested.

The Site Manager, or designee, and the Union Steward or Chief Steward shall discuss the grievance at a mutually agreeable time but no later than ten (10) business days after the Step 2 grievance has been submitted to the other party in an effort to resolve the dispute.

Step 3 – If the grievance is not resolved at Step 2 the initiating party may advance the grievance to Step 3 by submitting a written request to the other party within ten (10) business days from the conclusion of Step 2. The Union shall submit the Step 3 request to the

Employer’s designated Human Resources representative and the Employer shall submit the Step 3 request to the Union Steward. The parties shall discuss either in-person or via teleconference the Step 3 grievance at a mutually convenient time, but no later than ten (10) business days after the Step 3 request was submitted to the other party, in an effort to resolve the dispute.

The responding party shall provide the initiating party with a written response to the grievance that either memorializes the parties’ resolution of the grievance or responds to the grievance’s allegations within ten (10) business days of the date of the Step 3 discussion.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

A grievance involving a disciplinary suspension or a discharge, or those which affect employees in more than one department may be initiated under Steps 2 or 3 above.

All grievances at Steps 2 and 3 of the procedure set forth in this Agreement shall be signed and dated by the aggrieved employee and/or the Union Steward. All written answers submitted by the Employer shall be signed and dated by the appropriate Employer representative.

No aggrieved party shall have any right to invoke the grievance procedure except as provided above, nor the arbitration procedure except as provided below. In this regard, the time limitations set forth in this Article are intended to be strict statutes of limitation and any grievance and/or request for arbitration shall be null and void if at any Step in the Grievance process the party initiating the grievance fails to advance the grievance to the next step within the required time. Such grievance will be considered closed and there shall be no further appeal or review. If the responding party fails to respond within the required time, the Grievance shall be treated as denied and will automatically be advanced to the next Step in the Grievance process, with the exception of Arbitration. It is understood that the time limits specified herein may be extended by the mutual written agreement of the Employer and the Union.

If the responding party’s answer in Step 3 of the Grievance process is not satisfactory, the grievance procedure shall have been exhausted. In accordance with the procedures set forth below, the initiating party may submit the matter to arbitration.

ARBITRATION

If a grievance is not resolved in Step 3, the Union may appeal the dispute to arbitration by notifying the Federal Mediation and Conciliation Service, with a copy of the notice simultaneously sent to the other party, of its intent to arbitrate the dispute. Such notice must be sent within thirty (30) calendar days after the date of the responding party’s Step 3 response.

Failure to submit the grievance to arbitration in a timely manner shall terminate that grievance and relieve the Employer against whom the grievance was filed of any responsibility to provide a remedy for the alleged violation.

Reporting of Arbitration Proceedings: Either party or both will be allowed to have the arbitration recorded and reported by a certified court reporter. If both parties agree to retaining the services of a court reporter for recording and reporting the arbitration proceedings, and/or if both parties obtain a copy of the arbitration hearing transcript (no matter which party initially retained the court reporter), payment of the fees and costs of the court reporter and the cost of the arbitration hearing transcript for the arbitrator shall be shared equally by the Employer and the

Union. If only one party retains the court reporter and obtains a copy of the hearing transcript, that party shall bear the fees and costs of the court reporter and the cost of the hearing transcript for the arbitrator. In either case, each party shall bear its own costs for its copy of the arbitration hearing transcript.

Arbitrator’s Jurisdiction: The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure.

The arbitrator may award back pay or other monetary damages provided that neither party nor any employee(s) shall be liable for, nor shall the arbitrator award, any back pay or other

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE) monetary damages prior to ten (10) business days preceding the filing of the Step 2 grievance.

Any settlement arrived at in accordance with the provisions of the above paragraphs, or the decision of the arbitrator made pursuant to the provisions of the above paragraphs, shall be final and binding upon all parties to such matter.

Fees and Expenses of the Arbitration: The expenses of the arbitration, including the arbitrator’s fees and expenses, and the cost of the hearing room shall be shared equally by the

Employer and Union. Except as specifically provided in this provision, each party shall bear its own arbitration expenses, including costs and fees of its representatives, attorneys, witnesses, and its copy of the transcript.

All time spent by Stewards or witnesses in participating in the arbitration process shall be unpaid.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 12 –UNION STEWARDS AND VISITATION

The Employer agrees to recognize the Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Stewards recognized by the

Employer shall be one (1) Steward per twenty (20), or major fraction thereof, employees who have successfully completed their probationary period.

The Union shall provide the Employer with a complete, current roster of all Local 1008 Union

Stewards no less frequently than annually. The Employer will only recognize those stewards whose names are contained in the current roster or who are identified as a Steward by the Chief

Steward. It will be the Union’s responsibility to maintain and provide a complete, current roster.

Subject to other provisions of this Article, the Employer will permit the Union Steward(s) to take reasonable and necessary time off during their normal work hours to permit the Steward(s) to administer the terms of this Agreement, provided that such time off does not unreasonably interfere with the Steward(s)’ assigned work duties. Furthermore, the Union will ensure that

Stewards engage only in those activities that are authorized by this Agreement. The necessary time away from the Steward's work assignment shall be scheduled as far in advance as practical to minimize interruptions to work. When a Steward finds it necessary to take time off under this

Article, the Steward shall request permission to leave from the Steward’s Supervisor. Upon entering the work area of another Supervisor's responsibility, the Steward will contact the

Supervisor before attempting to contact any employee. In each instance, the Steward’s request to enter the work area for the purpose of contacting an employee for a specified reason will be granted unless compelling work commitments dictate otherwise. If permission is denied, the

Supervisor will establish an alternate time at which the Steward can contact the employee(s).

The scope of a Steward's activities during working time shall be limited to the following:

It is understood that the Steward shall be on unpaid time to fulfill the following activities:

A. To consult with an employee regarding the presentation of a complaint or grievance concerning this Agreement for which the employee desires a Steward to be present.

B. To investigate a complaint or grievance before presentation to the appropriate Supervisor.

There shall be no solicitation of complaints or grievances.

C. To attend an Arbitration as directed by the Union.

It is understood that there will be of bank of paid, work time from which Stewards can draw to fulfill the activities described below. The bank of time will consist of 4 hours per month from which all Stewards will draw. Upon exhaustion of the monthly bank of hours, time spent on the activities described below will be unpaid time.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

A. To present a complaint or grievance concerning this Agreement at an employee’s request to the employee's immediate Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

B. To meet with an appropriate Supervisor or other designated representative of the

Employer when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

C. In accordance with the provision of Article 10, to attend a conference or discussion, at the request of an employee, between the employee and a Supervisor.

It is agreed that the Employer shall not be required to pay a Steward or an employee for any time that the Steward or employee is away from work to serve the Union in any official capacity or to serve on any Union committee.

Subject to existing security regulations, the authorized National Union Representative shall have access to the Employer’s work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the Grievance Procedures, and ascertaining whether or not this Agreement is being observed. Any such visits shall be at reasonable times and intervals (no more frequently than monthly unless reasons for visits are urgent or compelling). The Representative shall provide the Employer’s Site Manager, with advanced notice of no less than five (5) business days, and the information required by the

National Industrial Security Program Operating Manual (NISPOM) 6-103 and USCIS government regulations to provide adequate time to process and disseminate the visit request. The representative shall report to the Site Manager’s office before entering the work area. Visits with employees in work areas shall be brief and Management shall have the right to withdraw permission at any time it determines that such visits are interfering with employees’ work.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 13 – PROBATIONARY EMPLOYEES

All new or rehired employees shall be probationary until their 90 th calendar day of employment, at which time they acquire seniority status. During the probation period, a probationary employee may be discharged by the Employer without challenge. An employee’s seniority shall accrue during the probationary period.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 14 – SENIORITY

1. Bargaining unit seniority (―seniority‖) shall be computed as provided below:

A. Each employee shall accumulate seniority for continuous service with the Employer and/or continuous service at the USCIS California Service Center within or without the bargaining unit. If application of the preceding sentence results in two (2) or more employees having the same seniority, the employee whose name appears earlier on the Employer’s alphabetical listing of employees, last name in ascending order, shall be deemed more senior. Seniority shall be applicable only as expressly provided in this Agreement.

2. An employee will lose seniority and her or his employment with the Employer will be terminated under the following conditions:

A. Discharge for just cause

B. Resignation

C. Failure to respond to recall notification within three (3) business days after notification by the Employer to return to work. It shall be the responsibility of the employee to keep the Employer advised of her current address.

D. Failure to be recalled from Layoff within 12 months.

E. Failure to report to work upon the expiration of an approved Leave of Absence

F. Accepting other employment while on an approved Leave of Absence without the prior permission of the Employer, or acting in a manner inconsistent with the conditions of the leave. It is understood that this does not apply to Union leaves of absence.

G. An employee is absent from work and fails to call in to report her absence for a period of three (3) consecutive work days.

H. Settlement of a Worker’s Compensation claim for total permanent disability.

The Employer shall provide the Union President with a current seniority list on a quarterly basis.

Employees shall have a period of five (5) business days after the seniority list has been provided to make a written protest to their supervisor, of an error with respect to their seniority date. An employee’s failure to make such a protest within said five (5) business day period will result in that seniority date being effective until the next posting.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 15 – LAYOFF AND RECALL

The Employer solely will determine the timing of layoffs and the number of employees to be laid off. A uniform reduction in the number of hours scheduled in a workweek for all employees in a seniority pool shall not constitute a layoff. In the event that the Employer determines there is a need to reduce the workforce, employees shall be selected for layoff from the affected job classifications in the following sequence:

1. Temporary Agency personnel (―temporaries‖) performing work in the affected job classification shall be released first, provided the bargaining unit employees have the ability and qualifications to perform the remaining work;

2. Probationary employees provided the bargaining unit employees have the ability and qualifications to perform the remaining work;

3. Bargaining unit employees having the lowest seniority.

Bargaining unit employees will be given two (2) weeks notice of layoff, or pay in lieu of notice, at the discretion of the Employer.

A copy of the layoff notice will be given to a Union Steward.

It is understood that before any bargaining unit employees are laid off, the employer may first ask for volunteers from among the bargaining unit employees in the affected jobs classifications to be laid off. If an insufficient number of employees volunteer for layoff, then the procedure outlined above will be implemented.

It is understood that if an employee selected for layoff has the skills and qualifications to perform remaining work in another job classification which is the same pay rate or lower then such employee may displace the least senior employee in another classification.

RECALL FROM LAYOFF

If the Employer determines to fill a vacancy, employees shall be recalled by seniority. The

Employer will forward notice of recall by certified mail to the last known address of the employee reflected on Employer records. The employee must, within three (3) business days of delivery or attempted delivery of the notice of recall, notify the Employer using the procedure specified in the notice of recall of the intent to return to work on the date specified for recall, and, thereafter, return to work on such date.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 16 – JOB POSTINGS

If the Employer determines that a job vacancy exists within the bargaining unit it will use the following procedure to fill the vacancy:

Such vacancy or new job shall be posted for five (5) business days on the employee bulletin board for bargaining unit employees. Any employee may submit a bid for the job to Employer’s

Human Resources Director, in writing, during the posting period. The Employer shall not be required to post a notice of vacancy or job opening for a particular job on the same shift more than once every thirty (30) days. Any bid submitted within the posting period shall remain valid for thirty (30) days.

At the end of the posting time period, the Employer, from among employees qualified for a posted job, who submit bids for the job, the Employer will award the job to the most qualified applicant. If two or more applicants have relatively equal qualifications, selection will be by seniority. Qualifications may include prior work experience and prior training.

In the event no employee is selected for the job opening as a result of the job posting process, the

Employer shall utilize the recall process in Article 15.

After positions have been filled using the job posting process, the Employer will review the recall list. If the position cannot be filled using the recall process, the Employer may hire a new employee.

An employee who is unable to perform the job to which he/she bid to the satisfaction of the

Employer within thirty (30) work days after being awarded the job, shall be returned to the job classification held at the time of submitting the bid.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 17 – HOURS OF WORK

The workweek shall consist of seven (7) consecutive days as scheduled by the Employer.

Within each workweek the Employer will establish regular work schedules for employees.

For a regular, fulltime employee the work schedule shall consist of forty (40) hours of work on five (5) consecutive days within a workweek.

The Employer may establish and assign employees to various work shifts as their regular schedule.

To the extent possible, the Employer will provide 30 days notice to the union in the event of a change to the then current workweek, work schedules or shift(s); and will commence bargaining over the effects of such a change. No provision of this Agreement shall be construed as a guarantee of any specific number of hours of work either per day or per workweek.

All employees shall receive a fifteen (15) minute paid break for every four (4) hours worked.

The break shall be scheduled by the Employer.

All employees who work more than six (6) hours a day shall receive a thirty (30) minute unpaid break. The break shall be scheduled by the Employer. An employee scheduled to work six hours, however, may forgo the 30 minute break.

Employees who work at least forty (40) hours per week shall be considered full time employees.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 18 – DUTY TO COOPERATE

The parties agree to cooperate to work towards creating a work environment that is respectful, efficient responsive and accountable.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 19 – EMPLOYEE SAFETY AND HEALTH

The Employer and the Union shall cooperate in continuing the objective to eliminate accidents and health hazards at its site during the hours of employment and in accordance with federal, state, and local law. In complying with this objective, the Union and the Employer recognize that employees covered hereby are performing services for the U.S. Government in U. S.

Government facilities and by use of U. S. Government equipment and fixtures. The Employer is not authorized to maintain, modify, or repair such government facilities nor fixtures except as contractually directed.

The responsibility for achieving and maintaining a safe work environment is shared by the

Employer, the Union, and each of the Employees. All Employees shall perform their duties in a safe manner.

A Safety and Health Committee, consisting of two (2) members designated by the Union from among the employees, and two (2) members designated by the Employer, shall be established.

The Committee shall meet at mutually agreeable times, but not less frequently than quarterly.

Unless extended by the mutual agreement of all members of the Committee, each meeting of the

Committee shall be limited to a duration of one (1) hour. The Committee shall be established no later than sixty (60) days following the ratification date of this agreement. The Committee may consider such matters relating to safety and health as the members designated by the Union and members designated by the Employer mutually agree, and may make recommendations to the

Employer regarding such matters. Scheduled work hours lost by the employee members of the

Committee shall be with pay, but such time shall not be considered hours worked for the purposes of computing overtime pay.

Any unsafe condition shall be reported to the immediate supervisor. No Employee shall be disciplined for refusal to work on any job where the employee has a reasonable and good-faith belief that the job presents an abnormally dangerous condition or an imminent hazard to safety and health of employee.

Likewise, no alleged violations of the above section of this article shall be reviewable through the arbitration provisions of this agreement.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 20 – EMPLOYEE RECORDS

Employees shall have access to their personnel records upon request in accordance with the provisions of the California Labor Code.

Upon submitting a written request to their supervisor, employees shall be allowed to review their official personnel records at a mutually convenient time and place. The employee must view the personnel record in the presence of a supervisor or site administrator. A reasonable number of copies of non-confidential or non-proprietary information will be provided to the employee upon request.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 21 – TRAINING

The Employer and the Union recognize the value of providing adequate training to employees, including employees who are temporarily or permanently assigned to new or different duties, and agree to cooperate to achieve that objective. The responsibility for achieving this goal is shared by the Employer, the Union and each affected employee.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 22 – EVALUATIONS

The Employer may evaluate employees at the end of their probationary period and periodically thereafter. Performance evaluations shall be designed to fairly and constructively assess an employee’s strengths and weaknesses.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 23 – GOVERNMENT FURNISHED EQUIPMENT

In the course of their employment with the Employer, employees are furnished and work with

U.S. Government and/or Employer-furnished equipment, property and materials. Each employee is responsible to take reasonable care of the equipment, property and materials they work with during their working hours, and will use her best efforts to notify the Employer of any damage to or defects in such equipment, property and materials.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 24 – GOVERNMENT CONTRACTOR SECURITY

The Parties jointly recognize that the Employer is a contractor to the U.S. Government and as such performs work in a U.S. Government facility and that it must comply with the security and facility requirements and directives of the U.S. Government. Should the U.S. Government direct that any employee(s) be removed from the facility or be prohibited from performing any work on this subcontract, the Employer will attempt to determine the reasons for that direction, and if appropriate attempt to get the direction reversed. However, if the U.S. Government does not change its direction, the employee’s employment will be immediately terminated. The

Employer’s compliance with those directives and termination of the employee’s employment shall not be subject to the Grievance and Arbitration Procedure except as to the fact of the

Employer’s action having been taken at the direction of the U.S. Government.

As a contractor performing work on a Federal contract, the Employer is required at all times to fully meet its contractual obligations. Nothing in this Agreement is intended nor will any provision of this Agreement prevent the Employer from fully meeting its obligations and responsibilities as a contractor. The Union fully recognizes that from time to time, the

Government may impose various demands or obligations upon the Employer and that the

Employer and its employees must meet such demands or obligations and comply with such rules and regulations as may be promulgated or imposed by the Government.

The Employer, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations when performing work for the Government.

It is understood that a U.S. Government issued finding of Public Trust and/or security clearance is required in order to perform Bargaining Unit work and that such a finding of Public Trust and/or security clearance is a condition of continued employment with the Employer. In order to retain such findings of Public Trust and/or security clearances, employees may be subject to investigation for security clearances under regulations prescribed by The U.S. Government. A loss of such finding of Public Trust and/or security clearance by the employee shall result in the immediate termination of her employment. Such termination of employment shall not be subject to the Grievance and Arbitration procedure except as to the fact of the loss of the security clearance.

In the event, however, that a review, duly made within 90 days by the appropriate governmental authority, shall result in a reversal of the original direction or loss of the finding of Public Trust and/or security clearance, the employee shall be returned to the job classification from which the employee was removed in accordance with the employee’s accumulated seniority. Such employee shall not receive payment for wages or benefits lost during the period of removal from the classified work.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 25 – TEMPORARY ASSIGNMENTS

The Employer retains the right to temporarily assign employees to another function when it concludes that such action is necessary. Any employee who is temporarily assigned to another function shall be paid the employee’s regular rate of pay or the rate of pay applicable to the work actually performed during the temporary assignment, whichever is higher.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 26 – OVERTIME

It is understood and agreed that the Employer retains the right to require employees to perform work outside of and in addition to their regular work schedule.

When such work is deemed to be needed by the Employer it will select employees to perform this work on the following basis:

1. Qualified employees present in the job classification on that shift in the team(s) where the work is to be performed will be offered the opportunity to perform the work on the basis of seniority on a rotational basis. If enough volunteers are not obtained within the team, all qualified employees in the job classification who are present will be offered the opportunity to perform the work on the basis of seniority on a rotational basis.

2. If the Employer does not get enough volunteers to perform the work, it will assign the work on a mandatory basis to those employee(s) who are qualified to perform the work on the basis of reverse seniority on a rotational basis.

3. If the work is to be performed on a non-regularly scheduled work day, all qualified employees in the job classification will be offered the opportunity to perform the work on the basis of seniority on a rotational basis. If the Employer does not get enough volunteers to perform the work, it will assign the work on a mandatory basis in reverse seniority on a rotational basis.

Employees will be paid for overtime work on the following basis:

1. Time and a half (1 ½) the employee’s regular rate of pay for:

a) All hours worked in excess of eight (8) in a workday up to twelve hours (12) hours in a workday.

b) All hours worked in excess of forty (40) in a workweek.

c) The first eight (8) hours worked on the seventh consecutive day of a workweek.

2. Double the employee’s regular rate of pay for:

a) All hours worked in excess of twelve (12) in a workday.

b) All hours worked in excess of eight (8) on the seventh (7 th

) consecutive day worked in a work week.

The financial obligation of the Employer to pay for overtime work will be no more or less than required by Federal and/or state law.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 27 – REPORT-IN AND CALL-BACK PAY

If an employee is scheduled to work and reports to work on a timely basis, the employee shall be paid no less than one-half the employee’s work schedule that day, but in no event will the employee be paid less than two (2) hours nor more than four (4) hours at the employee’s regular rate of pay.

If an employee is required to report to work a second time in any one workday the employee shall be paid for at least two (2) hours at the employee’s regular rate of pay.

Employees will not be eligible for Report-In Pay or for Call-Back Pay in accordance with

California Law as follows:

1. When operations cannot begin or continue due to threats to employees or property, or when civil authorities or the government customer recommend that work not begin or continue; or

2. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or

3. When the interruption of work is caused by an Act of God or other cause not within the employer's control, for example, an earthquake or flood.

Additionally, the Employer is not obligated pay Report-In Pay or Call-Back Pay under the following circumstances:

1. If the employee is not fit to work.

2. If the employee has not reported to work on time and is fired or sent home as a disciplinary action.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 28 – SHIFT DIFFERENTIALS

Employees who are regularly assigned to a shift beginning between 3 p.m. and 5 a.m. shall receive a shift differential equal to seventy-seven cents ($0.77) for each hour worked.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 29 – HOLIDAYS

Employees will receive ten (10) paid holidays each year, with pay at their regular straight time rate for the hours normally worked per day in recognition of the following holidays:

New Year's Day Columbus Day

Birthday of Martin Luther King Jr. Labor Day

Washington's Birthday Veteran's Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Holidays shall normally be the day recognized by the Government as the holiday. Holidays observed while an employee is on vacation will not be considered vacation time.

Part-Time employees shall receive holiday pay on a pro-rated basis.

To be eligible for holiday pay, employees must be an employee of the Employer on the holiday and have recorded work hours and/or authorized paid leave during the week in which the holiday occurs.

LongView International Technology Solutions, Inc. & United Electrical, Radio and Machine Workers of America (UE)

ARTICLE 30 – VACATION

Vacation will be earned based on continuous years of service completed with the Employer, and/or continuous service at the California Service Center. Upon commencing service with the

Employer, the employee shall begin to accrue two weeks (10 days) of vacation time and vacation time will be added to the employee’s available balance on a semi-monthly basis in accordance with the following schedule. Part time employees shall accrue vacation as per the schedule below but on a pro-rated basis.

Days Per Year Hours Per Year

Commencement of service through fifth

(5 th

) year

10 80

Sixth (6 th

) year of service through

Fifteenth (15 th

) year

15 120

Sixteenth (16 th

) year of service and succeeding years

20 160

Employees may carry over vacation into the following year. However, the maximum number of vacation days that can accumulate cannot exceed two and one-half (2 ½) the yearly accrual for an employee in accordance with the schedule contained herein. Accrued hours in excess of two and one-half (2 ½) times an employee’s annual accrual rate will be paid out twice per year to reduce the employee’s vacation balance to the maximum accrual allowed.

Vacation pay will be computed and paid at the Employee's straight time base rate of pay when the leave is taken.

Time missed from work, except for Holidays, Bereavement or other defined paid time off, will be treated as vacation and will be deducted from the Employee’s earned accrued vacation balance. However, it is understood that unpaid leave may be approved in accordance with

Appendix, Section C, Subsection 5.

Vacation hours must be scheduled and approved by management in advance of taking the time.

In general where there are more time-off requests than can be reasonably accommodated, requests will be granted on a first come, first serve basis.