Attch_5_CBA.pdf

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Air Terminal and Ground Handling Services at Eielson AFB Federal contract opportunity
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HTC711-17-R-CC03
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Department of Defense United States Transportation Command

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Collective Bargaining Agreement

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REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-9539 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 12/7/2016 State: Alaska

Area: Fairbanks North Star

Employed on USTRANSCOM/TCAQ-C contract for Air Terminal and Ground Handling Services at Eielson AFB, Alaska.

Collective Bargaining Agreement between contractor: C2G Ltd Co, and union: Teamsters Local 959, effective 10/1/2016 through 9/30/2020.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

12/7/2016http://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2016-9539

A G R E E M E N T

By and Between

C2G LTD CO.

and

TEAMSTERS LOCAL 959

October 1, 2016 - September 30, 2020

C2G LTD. CO.

Eielson Air Force Base, Alaska

TABLE OF CONTENTS

PREAMBLE .......... ,

ARTICLE 1 RECOGNITION AND DESCRIPTION OF BARGAINING UNIT

ARTICLE 2 SCOPE OF AGREEMENT

ARTICLES UNION SECURITY AND UNION DUES ............... . .............................. , ARTICLE 4 SUCCESSORS AND ASSIGNS

ARTICLE 5 MAINTENANCE OF STANDARDS

ARTICLE 6 SENIORITY

ARTICLE 7 POSITION VACANCIES

ARTICLE 8 SHOP STEWARDS

ARTICLE 9 HOURS OF WORK AND OVERTIME

ARTICLE 10 DISCHARGE OR SUSPENSION ................. , ................... . ....................... '10

ARTICLE 11 GRIEVANCE PROCEDURE

ARTICLE 12 HOLIDAYS ...... , ......................... . ............. . .......... , ............... , ARTICLE 13 WAGES ................... . ........... , ARTICLE 14 SAFETY AND HEALTH

ARTICLE 15 SICK LEAVE ................ . ......................................................... , ARTICLE 16 ABSENCES

ARTICLE 17 HEALTH AND WELFARE AND PENSION ......... , ..... ,

ARTICLE 18 VACATIONS

ARTICLE 19 BEREAVEMENT LEAVE

ARTICLE 20 JURY DUTY PAY

ARTICLE 21 COMPENSATION CLAIMS

ARTICLE 22 MILITARY SERVICE

ARTICLE 23 BULLETIN BOARDS AND NOTICES

ARTICLE 24 ACCESS TO COMPANY PROPERTY AND RECORDS

ARTICLE 25 GENERAL PROVISIONS

ARTICLE 26 NO STRIKES/NO LOCKOUTS

ARTICLE 27 SEPARABILITY AND SAVINGS CLAUSE

ARTICLE 28 SUBCONTRACTING

ARTICLE 29 TERM OF AGREEMENT

APPENDIX A JOB DESCRIPTIONS

10/01/16 - 09/30/20 1 100116_093020C2GLWCoCBA

C2G LTD. CO

PREAMBLE

This Agreement, made and entered into this 1st day of October, 2016, by and between C2G Ltd Co., (hereafter referred to as the "Company") located at 110 Mallock Court, Goose Creek, South Carolina, 29445> and Teamsters Loca! 959, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the "Union") located at 520 East 34th Avenue, Suite 102, Anchorage, Alaska 99503.

The parties agree to be bound by the terms and provisions of this Agreement with its purpose being to provide orderly collective bargaining relations between the Company and Union, to secure a prompt and fair disposition of grievances, and to stabilize employment relations.

ARTICLE 1

RECOGNITION AND DESCRIPTION OF BARGAINING UNIT

1.01 Recognition. The Company recognizes and acknowledges the Union as the sole and exclusive representative for the purpose of collective bargaining with respect to rates of pay, wages, hours, and other conditions of employment, for the bargaining unit comprised of all full-time and part-time employees, including Leads, employed by the Company under Contract HTC711-12-C-R001, and any other successor work performed at Eielson Air Force Base, Alaska, under the aforementioned contract

1.02 Covered Work. The work covered by this Agreement shall be defined as the historical and traditional work performed by the employees in the occupational classification(s) listed in this Agreement. Under normal conditions, all of the covered work shall be performed by employees in the bargaining unit. To meet mission requirements, it is understood and agreed that there are times when non-bargaining unit personnel may be required to perform work customarily performed by bargaining unit employees. The parties agree that performance of bargaining unit work by non-bargaining unit employees should be kept at the lowest possible level. Therefore, the Company shall have the right to utilize non-bargaining unit employees under one or more of the following conditions:

a. To assist in working a loading/unloading or servicing of an aircraft or land conveyance, that must be worked expeditiously in order to successfully launch the aircraft when bargaining unit employees with the necessary skills are not immediately available. "Immediately11 is defined as management being unable to locate an employee capable of performing the work within two (2) hours; one (1) hour in the case of a previously unscheduled mission;

b. In limited circumstances where the satisfaction of the Company's obligations and responsibilities as a contractor may be jeopardized and bargaining unit employees with the necessary skills are not immediately available;

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c. For instruction and training purposes (to include maintaining non-bargaining personnel qualifications and proficiency);

d. To protect Company or government assets from imminent damage;

e. In emergencies;

f. To ensure the safety of employees; and,

g. When an employee fails to report to work and other qualified employees are not available. It is agreed the Company will make a reasonable effort to locate and assign qualified bargaining unit employees to perform the work, The Company agrees this provision shall not be abused or used to reduce the number of bargaining unit employees that are normally necessary to perform the work. Should the Union believe this provision is being abused, it will have the right to grieve the Company's actions.

1,03 Management Rights. Except as limited by a specific provision of this agreement and supplementary written agreements executed by the parties, the Company shall have the right to take appropriate action in managing the worksite. All inherent and common law management functions, which the Company has not expressly modified or waived in the provisions of this agreement, are retained by the Company. The Company's failure to exercise any function reserved to it shall not be deemed to be a waiver of any such right With exception to any conflict with the Collective Bargaining Agreement, it is agreed by both parties that the following rights are vested in the Company: the right to manage the worksite and direction of the workforce, the maintenance of order and efficiency, including the right to direct, plan, and control worksite operations, to schedule working hours or production, the right to hire and to release employees because of lack of work or for disciplinary purposes, the right to introduce new and improved facilities, to determine the method of operations, the material to be used, the discontinuance of operations, material or methods of operation, the preparation of production time records or other similar forms and records.

The Union recognizes that the Company is a contractor to the federal government and the Company is required to fully meet its obligations as a contractor. Nothing in this agreement is intended nor will any provision of this agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union recognizes that the government may impose various legal and/or lawful demands or obligations on the Company and that the Company 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. Where, however, such new obligations imposed by the government affect the terms and the conditions of the employment of the members of the bargaining unit, the Company will negotiate with the Union the manner in which the new obligations will be implemented. The Company shall be the sole judge of the qualifications of applicants and employees, although the parties

10/01/16-09/30/20 -2- 100116 093020 C2G Ltd Co CBA acknowledge that the Company will not hire an applicant who is prohibited by law or by the United States Air Force from entering the Base, or who cannot obtain the necessary security clearance and must have a valid state issued driver's license.

ARTICLE 2

SCOPE OF AGREEMENT

2.01 Intent and Purpose. It is the intent and purpose of the parties hereto that this Agreement will promote and improve the industrial and economic relations between the Company and its employees, and to set forth herein the basic agreement arrived at by bargaining on subjects such as those previously described in Article 1,01. This Agreement is entered into in consideration of the mutual performance thereof in good faith by both parties. It shall be the duty of the Company and its representatives, and the Union and its representatives, to comply with, and abide by, all of the provisions of this Agreement.

In reaching this Agreement, the parties hereto have fully exercised and complied with any and ail obligations to bargain, and have fully considered and explored all subjects and matters in any way material to the relationship between the parties.

2.02 Provisions against Discrimination, Intimidation, or Coercion, It is understood that whenever any words are used in this Agreement in the masculine gender, they shall be recognized as though they were also used in the feminine gender. Any employee member of the Union, acting in any official capacity, shall not be discriminated against for the employee's acts as an officer or representative of the Union. Nor shall there be any discrimination against any employee because of Union membership.

It is the intent of the Company and the Union to provide employees with a working environment that is free from all forms of discrimination, intimidation, or coercion, which is, or may become, unlawful during the period of this Agreement. To this end, the parties agree to comply with all applicable laws, statutes, and regulations concerning nondiscrimination, intimidation, or coercion in employment.

2.03 Changes or Modifications. This Agreement can be changed or modified only by a document, in writing and signed, on behalf of both parties hereto by their duly authorized representatives; provided, however, that such changes or modifications are ratified by the members of the bargaining unit. Written agreements regarding interpretations or understandings may be made between the Company and the Union that do not change or modify the Agreement and shall not require the ratification of the membership.

2.04 Employee Definition. The terms "employee" or "employees" as used in this Agreement (except where the context clearly indicates otherwise), shall mean an employee or employees of the Company in an occupational classification now or hereafter covered by this Agreement.

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ARTICLE 3

UNION SECURITY AND UNION DUES

3.01 Union Security, It shall be a condition of employment that all bargaining unit employees become and remain members in good standing with the Union, or pay an agency fee to the Union, Becoming a member in good standing requires a bargaining unit employee to pay to the Union an initiation fee, regular monthly dues, and supplemental dues. The agency fee shall not exceed the amounts required for initiation, regular monthly dues and supplemental Union dues. This requirement to become a member in good standingj or to pay and to remain current on the agency fees, shall become effective on the thirty-first (31st) day following the bargaining unit employee's first (1st) day of employment, or the thirty-first (31st) day following the execution of this Agreement, whichever occurs later.

The Employer shall, fourteen (14) calendar days after receiving written notice from the Union, terminate the employment of any bargaining unit employee(s) not in good standing. A bargaining unit employee may become a member in good standing, or become current on agency fees, thus avoiding termination from employment, up to the day of termination. The Union agrees to save and hold the Company harmless from any and all claims, actions, suits, damages, or costs, including any attorney fees incurred by the Company, on account of any matter relating to the terms of this Section, including, but not limited to, any claims by any employee(s) and compliance with the law.

3.02 Union Dues. During the life of this Agreement, the Company, for the convenience of the Union and its members, will honor a voluntaryi written authorization from those employees who are or become members of the Union, authorizing the Company to deduct each calendar month from their earnings, such initiation fees and membership dues as may be assessed by the Union, and to send the same to the duly authorized representative of the Union, together with a list of the names of the employees whose pay deductions were made. The Union will acquire and furnish such written authorization from each member and submit them to the Company. The Union agrees to hold the Company free from all liability in connection with dues collection, except for the ordinary diligence and care in the transrn'tttal of the monies to the Union.

ARTICLE 4

SUCCESSORS AND ASSIGNS

In the event the Company sells or merges its business operation, covered by the terms and conditions of this Collective Bargaining Agreement, to or with another Company, this Agreement will be binding upon said Company.

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ARTICLE 5

MAINTENANCE OF STANDARDS

5.01 Protection of Conditions. The Company agrees that all conditions of employment that come under the control of the Company relating to wages, hours of work, overtime differentials, and general working conditions, shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement It is agreed the provisions of this Section shall not apply to inadvertent or bona fide errors made by the Company or the Union in applying the terms and conditions of this Agreement, if such error is corrected within sixty (60) days from the date of error; provided, each party shall give the other written notice of any such error in sufficient time to correct such error. This provision does not give the Company the right to impose or continue wages, hours, and working conditions less than those contained in this Agreement.

5.02 Extra Contract Agreements. The Company agrees not to enter into any agreement or contract with employees covered by this Agreement, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.

Any such agreement shall be null and void.

ARTICLE 6

SENIORITY

6.01 Seniority. The Company and the Union accept the principle of employee seniority commencing with the first date of the employee's unbroken, continuous service under the Service Contract Act with the successor or present contractors, and will be the first day the employee appeared on the payroll. The employee having the longest, continuous service shall be first on the seniority list and all others will be listed thereafter according to their length of continuous service.

6.02 Lead. When selecting a Lead, the Company will consider seniority a key determining factor if qualifications and performance standards set by the Company are equal. When the Lead is on an approved absence, a substitute will be appointed as necessary. The Company will provide a job description for lead classification.

Section 6.03 Seniority List. The Company shall provide an employee roster, which will show the employees1 seniority by dates of hire. Seniority lists shall be posted by the Union subsequent to any change. Any dispute as to the seniority list may be processed under the grievance procedure. The Union shall be given a copy of each seniority list as they become current. New employees will be added to the seniority list when they complete their probationary period and a new seniority list will be posted.

If two (2) or more employees have the same date and hour of hire, their position on the seniority list shall be established by random draw conducted by representatives of the Company and the Union.

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6.04 Termination of Continuous Service and Seniority, An employee shall lose continuous service and seniority and have his or her employment terminated under the following conditions:

a. Voluntary quit or resignation;

b. Discharge for a just cause;

c. Failure to inform the Company within five (5) working days, after notice of recall, of the employee's intentions to return to work;

d. If the employee does not return to work within ten (10) working days, after the date of receipt of such a notice, recalling the employee from layoff;

e. Failure to return to work at the end of an authorized leave of absence, except in cases of .confirmed, serious illness or injury or extenuating circumstances;

f. The employee is laid off for a period of one (1) year or more, except in cases of illness or injury.

6.05 Probationary Period, All newly hired employees will be considered probationary employees until they complete ninety (90) calendar days of continuous service at Eietson AFB AMC Air Terminal Ground Handling Services (ATGHS). Employees will not be subject to another probationary period with a successor contractor. Seniority shall be computed from the date an employee is hired on to the project. Probationary employees may be laid off or discharged without recourse to the grievance procedure.

.ARTICLE 7

POSITION VACANCIES

7,01 Vacancies. When an existing position becomes vacant, or a new position is created, the Company will fill the opening as follows before filling the vacancy through the bid process:

a. The Company will first identify the occupational classification where the vacancy occurs. Any employees who have bumped from this occupational classification into another occupational classification will be afforded the right to return to the vacant position before the Company recalls employees from layoff. If an employee declines the opportunity to return to the former classification, the employee's return rights will be terminated.

b. After allowing employees to return to their former positions, the most senior, qualified employee in the occupational classification and on recall will be offered recall to a vacancy in the employee's occupational classification.

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C2G LTD. GO

c. If there are no qualified employees in the occupational classification, or the laid off employees within the occupational classification decline recall, the vacancy will be filled through the bid process.

7.02 Hiring Procedure. If there are no employees with recall rights, the job vacancy will be posted for bid in accordance with the provisions of Article 7.03. If there are no interested or qualified bidders, the job vacancy will be filled through the hiring procedure.

Under the hiring procedure, the Company agrees to notify the Union of requirements for all applicants for employment in the occupational classifications covered by this Agreement. The Company will provide a job description to the Union of each occupational classification. If the Company decides to make changes in a job description of an occupational classification or add additional occupational classifications, it will first meet with the Union to negotiate the changes to the job description or contents of the new occupational classification. The Company shall exercise its management right to select those individuals who, in the sole opinion of the Company, are the most capable and qualified to fill the existing vacancy.

The Union shall refer applicants for interview and evaluation. Such referral by the Union shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, Union membership, bylaws, rules, regulations, constitutional provisions, or other •aspects or obligations of Union membership policies or requirements.

If the Union cannot refer qualified applicants for employment within seventy-two (72) hours (exclusive of Saturdays, Sundays, and holidays) after notification of the opening, the Company shall utilize other methods of employment at its disposal. After forty-eight

(48) hours, the Company can post the position with outside sources subject to the seventy-two (72) hour employment constraint above. The Company shall, without delay, notify the Union of any employees so hired.

7.03 Job Bidding. Job openings shall be posted for a period of not less than three (3) working days, and employees wishing to fill such job opening shall sign their names on the bid sheet. Management will make every reasonable effort to insure all employees are notified of the job opening. Seniority will be the determining factor in the filling of such job opportunity; provided, the employees are equally qualified to perform the work.

Once an employee's bid has been accepted in writing, the employee will start within two

(2) weeks after their replacement has been hired and passes the required security clearance requirements. The employee selected shall have a trial period of not less than thirty (30) working days, after which the employee shall be permanent or, the employee may elect to return to the employee's former position with no loss of seniority.

7.04 Military Service Re-Employment The re-employment and seniority status of any covered employee, who, while in the active service of the Company, enters the armed services of the United States, shall be governed by all applicable law.

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ARTICLE 8

SHOP STEWARDS

8.01 The Company recognizes the right of the Union to designate a Shop Steward and an alternate when necessary. The authority of the Shop Steward and their alternate so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:

8.02 Duties of Shop Stewards. Shop Stewards will be available to handle grievances and complaints that arise in accordance with the grievance procedure, or to conduct recognized Company-Union business during normal work schedules without loss of pay.

The Shop Steward may need to leave the immediate work area to perform Company-Union business, the Shop Steward will coordinate with the supervisor or the supervisor's designee before departing his primary duties. If management feels that the Shop Steward's use of time is unreasonable, the Company and the Union will meet to address corrective action. Shop Stewards can utilize any appropriate communication tool in the performance of their duties.

Shop Stewards and alternates have no authority to take strike action, or any other action interrupting the Company's business, except as authorized by official action of the Union. The Company recognizes these limitations upon the authority of the Shop Steward and their alternates, and shall not hold the Union liable for any unauthorized acts.

The Company, in so recognizing these limitations, shall have the authority to impose proper discipline, including discharge, in the event a Shop Steward has taken unauthorized strike action, slowdown, or work stoppage in violation of this Agreement.

Shop Stewards shall be permitted to investigate, present, and process grievances without loss of time or pay as the workload permits:

a. On the Company property during the Shop Steward's regular working hours.

b. Where mutually agreed to by the Union and the Company, on the property, or other than during the Shop Steward's regular schedule.

Such time spent in handling grievances, during the Shop Steward's regular working hours, shall be considered working hours in computing overtime, if within the regular schedule of the Shop Steward. At no time will the Company authorize the Shop Steward to exercise these rights where it would automatically put the employee in Overtime. The Union, by written notice, shall keep the Company currently informed as to the employees so designated as Shop Stewards.

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ARTICLE 9

HOURS OF WORK AND OVERTIME

9.01 Workweek and Workday. Each full time regular employee's work week will consist of no less than thirty-two (32) paid hours. A work period is defined'as the time an employee reports to work and terminates twenty-four (24) hours later, where upon a new work period would begin. The Company will rotate personnel equally through shifts and workweeks if there is a need for seven (7) days per week coverage.

a. During the exercise season the Company may hire part time seasonal employees who will not be subject to the thirty-two (32) hour work week requirement The Company will not use this language in Article 9, 9.01 (a) to (ay off any full time regular employees.

9.02 ATOC Workweek and Workday. Employees in the ATOC classification, with the exception of the lead, will be guaranteed no less than thirty-six (36) hours each week.

ATOC employees who start a shift at or after 12:00 p.m. and before 4:00 a.m. will be considered working a secondary shift, and in accordance with Article 13, Section 13.05 will receive a five percent (5%) differential. Employees temporarily assigned to ATOC for at least one (1) week, will be guaranteed no less than thirty-six (36) hours per week while assigned and working at ATOC.

The Company shall assign a lead for the ATOC classification in accordance with Article 6, Section 6.02. The ATOC Lead is guaranteed no less than forty (40) hours each week and, unless deemed .otherwise by the Company, will be scheduled to work the primary shift.

9.03 Overtime. Overtime, at the rate of time and one-half (1-1/2), shall be paid to employees for all hours worked in excess of forty (40) hours in an employee's scheduled workweek. Time for which the employee is paid shall be considered as time worked for the purpose of computing overtime pay. There shall be no pyramiding of overtime pay. Employees will not be given "comp" time in lieu of overtime pay.

The Company agrees to give employees reasonable notice of overtime, unless it is beyond the Company's control. Every overtime opportunity will be offered by seniority in each occupational classification, if there is no one available within the occupational classification, management will offer overtime by seniority amongst other .qualified employees in any occupational classification.

9.04 Call In and Call Back. An employee called into work outside the employee's regular shift, but not continuous with the employee's regular shift, shall be guaranteed a minimum of four (4) hours1 pay. An employee, who is called back to perform work on the employee's day off or after completion of the employee's scheduled hours on the workday and after the employee has left the Company's premises, shall be guaranteed four (4) hours' work or pay at the applicable rate. To expedite the call in/call back process, employees will provide the Company with their contact information.

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9.05 Breaks. All employees shall be granted two (2), fifteen (15) minute, paid rest periods during their shift, as aircraft workload permits, without loss of time, for the purpose of relaxation, smoking (only authorized in designated locations by the Installation Commander), etc., and a ten (10) minute period as wash-up time and personal area clean-up time prior to quitting. Employees will also be granted an unpaid mea! break midway in the employee's shift. Employees may, with Company approval, work through their unpaid lunch and leave their shift early, without a loss of pay. An employee, who is required to work more than two (2) hours' overtime in a day, will be allowed a fifteen (15) minute paid rest period between the second (2nd) and third (3rd) hours of overtime and, thereafter, at the end of each additional two (2) hour period during the continuous work period. Employees will be granted an additional, paid meal break after the fourth (4th) hour of overtime during the continuous work period.

ARTICLE 10

DISCHARGE OR SUSPENSION

1 0.01 Discipline. The Company shall not discharge nor suspend any employee without just cause. When an employee is discharged or suspended, the Company shall notify the employee, in writing, of the employee's discharge or suspension and state the reason. A copy of such written notice shall be given to the Shop Steward and a copy mailed to the Union.

10.02 Pay When Discharged, A discharged employee must be paid in full for all wages owed to them, including accrued, unused vacation and sick pay, in accordance with state law.

10.03 Discipline and Discharge. Employees, supervisors, and managers will be treated with respect, fairness, and the highest degree of professionalism. The Company will use a system of progressive discipline and a just cause standard for disciplinary decisions. The progressive discipline policy, and any subsequent changes to it, will be negotiated with the Union and communicated to all bargaining unit employees before it is implemented.

The Company will have the right to discharge or discipline an employee within thirty (30) calendar days after learning of any violation or infraction of the Company rules, which are not in conflict with this Agreement. In the event an ongoing investigation is not completed within the thirty (30) days, the time frame may be extended by mutual agreement between the Company and the Union. Company rules, which are applicable to the bargaining unit, will be negotiated with the Union and subsequent changes will be agreed to before distributing the rules to the employees.

a. Should the Company decide to discipline or discharge an employee, the Company will provide the employee and the Union with the written reasons for the action. Should the circumstances surrounding the action be so serious that the information cannot be provided at the time the action is taken, the written reasons will be provided to the employee no later than three (3) calendar days after the Company's action.

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b. Suspensions, pending investigation of a disciplinary matter by the Company, will not exceed two (2) working days and will not affect the wages of employees who are reinstated without disciplinary penalty. It is understood that the time can be extended by mutual agreement in the event essential witnesses or evidence is not available within two (2) working days.

An employee is entitled to Union representation whenever summoned for disciplinary action or when the employee is questioned about activities which the employee reasonably believes may result in disciplinary action. When necessary to take immediate action, the Company will notify the Union-as soon as possible. The Company will consider reprimands or disciplinary action against an employee as cleared from the employee's record after an eighteen (18) month period from the date the incident occurred.

10.04 Denial or Loss of Access, If the customer notifies the Company that an employee is, or will be, denied access to classified information or access to a facility, the Company will notify the Union. If a clearance or access is denied, performance of work requiring the clearance or access will be suspended.

The Company and Union will meet to discuss the problem and attempt to minimize the effect on the employee and Company, and ensure a fair investigation is conducted. The Company will attempt to meet with the customer to mitigate the effect on the employee.

The employee will be allowed, when possible, to bid on other Company positions where qualified. The employee will be placed on unpaid leave if no other positions or work is available.

It is understood that the government may modify security requirements at any time.

Should this happen, the Company and the Union will meet to establish procedures to implement the new requirements in order to meet the government-established time frames.

ARTICLE 11

GRIEVANCE PROCEDURE

11.01 Problem Resolution. Employees may verbally present problems to their supervisor. Problems may be adjusted informally; provided, the adjustment is not inconsistent with the terms of this Agreement and the employee has the opportunity to have a Union Shop Steward present during the discussion. Discussions to resofve a complaint should be limited to thirty (30) days. The parties may extend this time limit by mutual agreement. Such extension in time limit should not prevent the complaint to be presented as a written grievance if not resolved.

11.02 Definition and Presentation of Grievances. Grievance shall mean, and be limited to, disputes or differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement

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Eielson Air Force Base, Alaska

Grievances shall be presented as soon as practicable after the occurrences upon which the same is based, but in no event later than thirty (30) calendar days. The failure to submit a grievance within such period shall constitute a bar to further action thereon. If it is determined under the grievance procedure that an adjustment in wages is appropriate, such adjustment shall be applied retroactively to the date of occurrence;

provided, such date is not more than thirty (30) days prior to the date upon which the grievance was presented. All grievances shall be reduced to writing and processed in accordance with the following steps.

Step 1: The written grievance shall be presented to the project manager or in their absence the alternate project manager of the activity or the Company's designated representative. The project manager or alternate will meet with the Shop Steward, or the Union's designated representative, within five (5) working days of receiving the written grievance to discuss the issues involved. The employee, the employee's immediate supervisor, and the Shop Steward may be present. The project manager or alternate shall reply, in writing, not later than ten (10) calendar days after such meeting. If this reply is unsatisfactory, the grievance may be appealed to Step 2; provided, such appeal is made within ten (10) calendar days following receipt of the reply.

Step 2: Upon appeal to Step 2, a meeting will be scheduled within ten (10) working days between the-Company President, or the designated representative, and the Union's business representative. Such meeting shall take place within thirty (30) calendar days of the appeal, unless extended by mutual agreement between the parties. Any such request will be in writing. After the Step 2 meeting, the Company will reply, in writing, within ten (10) working days. If such reply is not satisfactory to the Union, the Union may appeal the grievance to arbitration within ten (10) working days after receipt of the response.

If the Company or the Union misses any of the time limits listed in Step 1, the grievance will automatically progress to the next step of the grievance procedure. If the Company misses the time frames listed in Step 2, the Union's requested remedy for the grievance will be granted. If the Union misses any of the time limits listed in Step 2, the grievance will be considered lost. A resolution of a grievance as a result of missed time limits will not be precedent-setting for either party. The time limits listed above may be extended through the mutual agreement of the Company and the Union.

11.03 Arbitration. Any grievance not satisfactorily disposed of in accordance with the steps of the grievance procedure outlined above may be submitted to arbitration by either party. If the grievance is submitted to arbitration, the arbitrator selection process will commence no later than thirty (30) days; however, this time may be extended by mutual agreement of the parties.

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The Company and the Union shall first seek to select an arbitrator by mutual agreement. If the parties are unable to agree, a list of arbitrators shall be requested from the Federal Mediation and Conciliation Service (FMCS), the list must contain seven (7) arbitrators. The parties will make selection through use of the alternative strike method, with the order of striking determined by a coin flip. As soon as FMCS notifies the parties of the arbitrator appointed to hear the case, the parties shall mutually agree upon a date, time, and location for the arbitration hearing, in consultation with the arbitrator regarding his or her availability. If the parties cannot agree, the arbitrator shall select the date, time and/or location of the arbitration hearing. The arbitrator shall render a written decision and award with in thirty (30) days from the close of the hearing or the submission of briefs.

The parties agree the decision or award of the arbitrator shall be final and binding on each of the parties and they will abide thereby, subject to such laws, rules, and regulations as may be applicable. The authority of the arbitrator shall be limited to determining questions directly involving the interpretation or application of specific provisions of this Agreement and no other matter shall be subject to arbitration hereunder. The arbitrator shall have no authority to add to, subtract from, or to change any of the terms of this Agreement, to change an existing wage rate or to establish a new wage rate. In no event shall the same question or issue be the subject of arbitration more than once.

Each party shall bear the expense of preparing its own case. The cost of the arbitrator's services and any other expenses incidental to the arbitration, mutually agreed to in advance, shall be borne equally by the parties.

ARTICLE 12

HOLIDAYS

12.01 Recognized Holidays. The Company will recognize the following twelve (12) holidays, including those which fall on a Saturday or Sunday:

New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veterans Day Employee Birthday* Thanksgiving Day Memorial Day Christmas Day Independence Day Good Friday*

*Actual day off must be approved by management and can be used as a floating holiday.

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Should any of the foregoing holidays fall on a Saturday or a Sunday, the day observed by the federal government shall be considered as the holiday. Any employee, who is required to work on any of the foregoing holidays, will receive the employee's regular straight time rate for all hours worked on the holiday, in addition to pay in accordance with Article 9, Section 9.03, if applicable. The Company wiil notify employees affected by schedule changes on such holidays as far in advance of the holiday as is practicable.

12.02 Holiday Pay. An employee, who is not required to work on one of the above-mentioned holidays, will be compensated for the day for eight (8) hours at the employee's regular straight time rate. The above-mentioned holidays will be paid;

provided, employees covered by this Agreement have worked and been compensated for the last regularly scheduled working day before the holiday and the next regularly scheduled working day after the holiday.

When one of the holiday's falls within an employee's approved vacation period, the employee will be paid for the holiday and will not be required to use a vacation day for the holiday.

Employees, whose regularly scheduled day off falls on a holiday, shall be given a day off with concurrence of the project manager or his or her designee, to allow for a three (3) consecutive day off period.

Part time seasonal employees holiday pay will be based on the number of hours worked the week prior to a holiday. In computing the number of hours for which a part time seasonal employee is entitled to compensation, the proportion which the average number of hours worked by an employee during the proceeding normal work week bears to forty (40) shall be applied to eight (8) hours to determine the number of paid hours said employee is entitled to receive. For example, if a part time seasonal employee worked thirty (30) hours during the normal work week preceding the holiday week, his holiday pay would be computed by 3/4 (30/40) of eight (8) hours and multiplying the resulting six (6) hours by his hourly base rate of pay.

ARTICLE 13

WAGES

Section 13.01 Wage Rates.

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2.0% 2.0% 2.0% 2.0%

Air Cargo Specialist $33.48 $34.15 $34.83 $35.53 Customer Service Gate Agent $26.77 $27.30 $27.85 $28.41 ATOC Controller $28.00 $28.56 $29.13 $29.71

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Employees who work in the Lead position will be paid a differential of an additional fifteen percent (15%) above the employees' base rates of pay. Employees selected to replace the Lead, when necessary, will also receive the fifteen percent (15%) differential.

13.02 Per Diem, The Company agrees to provide the employees per diem and travel fares by the guidance of the Government Joint Travel Regulations as applied to civilian employees, and modifications thereto as such become effective. The employees agree to follow the requirements of those regulations, including the submission of any required receipts and expense reports. The Company further agrees to provide the employees all hazardous duty, overseas deployment, and all other additional compensation prescribed by the U.S. Government for overseas deployment.

13.03 TOY Assignments. When employees are working a TOY assignment outside the Fairbanks North Star Borough, the employees will be considered to be on a regular duty shift of eight (8) hours per day. Travel days will be paid for all hours of travel at the applicable rate.

13.04 Temporary Transfers. An employee, who is temporarily transferred for more than two (2) consecutive hours to a job classification carrying a rate of pay higher than his or her regular classification, shall receive the rate of pay applicable to the temporary job for all time worked in that temporary job. If an employee is temporarily transferred to a classification carrying a lower rate of pay, the employee shall continue to receive his or her regular rate of pay.

13.05 Shift Differential. If deemed necessary by the Company, there will be a primary and secondary shift. Shifts will be bid by seniority. Regular start times for the primary shift will be dictated by aircraft arrivals and departures. Failing that, the regular start time will be 7:30 a.m. Start times for the secondary shift will be determined by the Company based on mission requirements. In addition to their regular rate of pay, secondary shift employees will receive a shift differential premium of five percent (5%).

For training purposes, the Company may direct an employee to temporarily transfer to another shift. For employees not assigned to the secondary shift, any hours worked between 8:00 p.m. and 4:00 a.m. will receive five percent (5%) night shift differential.

During the exercise season the Company may have a flex start time of 10:00 am.

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Eielson Air Force Base, Alaska

ARTICLE 14

SAFETY AND HEALTH

14.01 Safe Workplace, The Company hereby agrees to maintain safe, sanitary, and healthful working conditions in all shops and facilities under its-control, and to maintain on ail shifts, adequate first aid equipment to take care of its employees in case of accident or serious illness. It is understood that this does not require the Company to maintain a nurse or doctor on the property, but the Company will designate a provider and will be responsible for providing transportation to the doctor or hospital

14.02 Safety Issues. In order to help eliminate accidents and illness, as far as possible, employees will report unsafe working conditions to their immediate supervisor.

The supervisor shall receive and investigate complaints regarding unsafe and unsanitary working conditions and make recommendations concerning such complaints.

No employee shall be discharged or disciplined for reporting unsafe or unsanitary working conditions or refusing to perform work that is unsafe.

14.03 Personal Protective Clothing. The Company will furnish or reimburse all expendable, protective clothing (e.g., gloves, rain suits, safety glasses/shield, protective coveralls, personal earmuff-type ear protectors and ear plugs) as needed, and any other equipment that is necessary because of out-of-doors and/or work with dangerous materials (e.g., fuels, acids, chemicals). Employees will be issued three (3) sets of uniforms at hire as working clothes. Uniform items will be replaced on a one-for-one basis. Each employee is required to be clean, neat, and trim at all times to promote the best possible working image. Employees will not be assigned duties requiring personal, protective clothing until the clothing has been provided. The Company will provide winter gear and reimburse two hundred dollars ($200.00) for cold weather/steel-toed shoes when they become unserviceable. The Company will provide cold weather gloves (good to -40 degrees or better) for all employees that require warm gear to complete their job duties.

14.04 Contamination. Employees exposed to any contamination via the aircraft lavatory will be provided the facilities (to include soap and towel) to wash themselves and change clothes per AFl 24-101, Volume 10. The Company will reimburse employees for reasonable cleaning expenses in the event of such contamination. The Company will also reimburse employees for Hepatitis B inoculations, if the employee chooses to be inoculated. Employees are required to wear protective clothing and face shield while performing the aircraft lavatory services per AF! 24-101, volume 10 to help prevent possible contamination.

14.05 Drug and Alcohol Free Workplace. The Company and the Union recognize the importance of maintaining a drug and alcohol free workplace, and agree that the Company, upon mutual consent with the Union, may implement changes to its current rules and regulations designed to identify drug and alcohol use, and to fix and impose penalties for the violation thereof.

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a. Random Drug Testing.

1. Employees working on Contract Number HTC 711-12-C-R001 will be required to submit to drug testing on a random basis.

2. Selection of employees for random testing wil! be conducted through the use of a blind, random number generator or other neutral selection process, and will not include more than ten percent (10%) of employees in the designated poo! in any given year.

3. When an employee is selected for random testing, the employee will be expected to show as scheduled. Failing to show for a random drug test, when proper notification has been given, is grounds for termination.

4.. An employee whose random drug test is deferred will be subject to an unannounced test within sixty (60) days.

5. Other testing, as required by government contracts and/or rules and regulations of federal government agencies, will be conducted under applicable terms and conditions.

6. ' Employees are expected to cooperate fully during a drug test. The employee will be advised that the drug test is mandatory, not voluntary. The employees will read and sign the Company's Drug Testing consent form prior to testing. The form will include the authorization to release all of the results to the Company.

1'. During an alcohol/drug test, the employee will be required to provide biological specimens. All testing will be conducted by a Company approved medical testing laboratory, with split sample integrity and chain-of-custody procedures in place, to ensure proper specimen collection and handling security. Any test sample result that comes back positive will be re-tested to verify the accuracy of the results.

8. Where employees are found to have tested positive on a split sample random drug test, the employee will immediately be suspended without pay. Where an employee has been found to have tested positive on the secondary split sample, the employee will be terminated; provided, the specific gravities of the split sample are exactly identical to those of the first.

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b. Directed Drug Tests.

1. An employee involved in any incident resulting in damage to property/aircraft or personal injury shall be directed to take a drug test.

2. Failing to show for a scheduled/directed drug test, when proper notification has been given, is grounds for termination.

c. The Company will pay the cost for all drug and alcohol screening.

ARTICLE 15

SICK LEAVE

15.01 Sick Leave Accrual, Employees will accumulate sick leave at the rate of six (6) hours per calendar month, or nine (9), eight (8) hour, days per year. Each employee shall have the option to receive payment for the sick leave the employee becomes entitled to that is unused at the end of the employee's eligibility year. Such accrued balance will be paid in one-tenth (0.1) hour increments. Sick pay will be paid at the employee's base hourly rate.

Time spent by an employee during a period when they are severed from the active payroll due to termination, entry in the armed forces, layoff, or leave of absence in excess of thirty (30) calendar days, shall not constitute service time for the purpose of acquiring sick leave benefits,

15.02 Reporting Out, Employees requesting sick leave should notify the Manager as soon as possible prior to the start of their scheduled shift, an employee reporting out must do so at least one (1) hour prior to their scheduled start time.

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