IAM AW and KBR - ROC II - Fully Executed CBA - 2022.PDF

06714921.1

Agreement

Between

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND

AEROSPACE WORKERS

LOCAL LODGE 2552

DISTRICT LODGE 2020

ROC GROUPS 1 AND 2

a n d

K BR

11/21/2022 THROUGH 11/22/2025

CONTENTS

DESCRIPTION PAGE

Article 1. RECOGNITION AND CERTIFICATION

Article 2. UNION ACTIVITY AND DISCRIMINATION

Article 3. UNION REPRESENTATION

Article 4. MANAGEMENT RIGHTS

Article 5. UNION DUES

Article 6. SAVINGS CLAUSE

Article 7. INITIAL REVIEW PERIOD

Article 8. STRIKES AND LOCKOUTS

Article 9. EMPLOYEE RESPONSIBILITIES

Article 10. SAFETY AND HEALTH

Article 11. GRIEVANCE AND ARBITRATION

Article 12. SENIORITY

Article 13. HOURS OF WORK

Article 14. ABSENCE FROM WORK

Article 15. SICK/PERSONAL LEAVE

Article 16. LEAVE OF ABSENCE…………………………………………………………….12

ARTICLE 17. HOLIDAYS

ARTICLE 18. VACATIONS

ARTICLE 19. WAGE RULES………………………………………………………………...17

ARTICLE 20. OVERTIME

ARTICLE 21. HEALTH, WELFARE AND PENSION

ARTICLE 22. TRAVEL

ARTICLE 23. HAZARDOUS DUTY

ARTICLE 24. DISCIPLINE

ARTICLE 25. FINALITY

ARTICLE 26. CROSS-CLASSIFICATION WORK (CROSS CRAFTING)

ARTICLE 27. TRAINING/TUITION REIMBURSEMENT

ARTICLE 28. DRUG AND ALCOHOL POLICY

ARTICLE 29. TEMPORARY EMPLOYEES

ARTICLE 30. NON-BARGAINING UNIT EMPLOYEES WORKING

ARTICLE 31. SUCCESSOR CLAUSE

ARTICLE 32. DURATION……………………………………………………………………29

APPENDIX A PAY RATES...…………………………………………………………………30

06714921.1 1

AGREEMENT

The Agreement made this 21st day of November, 2022, by and between KBR (hereinafter referred to as the "Company"), and the International Association of Machinists and Aerospace Workers, District Lodge 2020, Local Lodge 2552, (hereinafter referred to as the "Union"), covering certain employees of the Company employed at the National Aeronautics and Space Administration at the Wallops Flight Facility, Wallops Island, Virginia, and assigned under NASA Contract No. 80GSFC19C0013 and its successor contracts as successor contracts are defined under the McNamara-O'Hara Service Contract Act.

ARTICLE 1.

RECOGNITION AND CERTIFICATION

It is hereby agreed that the parties hereto desire to enter into an agreement for their mutual interest to promote harmony, efficiency and mutual understanding and to establish wages, hours, and working conditions, and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

The Company agrees to recognize the Union certified by the National Labor Relations Board on June 14,1974, (Case No. 5-RC-8827) as the exclusive collective bargaining agent for all of its employees as stipulated in the Board's Certification of Representation (and employed at the Wallops Flight Facility, Wallops Island, Virginia under NASA Contract 80GSFC19C001 and its successor contracts as successor contracts is defined under the McNamara-O'Hara Service Contract Act), as follows: "All Maintenance and service employees including plant clerical employees employed by the Company at Wallops Island, Virginia, excluding all office clerical employees, professional employees, guards and supervisors as defined in the Act."

ARTICLE 2.

UNION ACTIVITY AND DISCRIMINATION

The Company and the Union mutually agree that there shall not be any discrimination, interference, restraint or coercion by either party against any employee because of an employee’s membership or non-membership in the Union.

There shall be no discrimination by the Company or the Union against any employee because of race, sex, sexual orientation, gender identity, religion, color, national origin, age, disability, pregnancy, genetic information, veteran status, or any other trait or characteristic protected by applicable federal, state, local law, and regulations. There shall be no unlawful harassment or discrimination against any employee.

Employees shall adhere to the provisions and intent of Section B of this Article, in their dealings with fellow employees, suppliers, and customers of the Company under its Contract No. 80GSFC19C001 and its successor contracts as defined under the Service Contract Act.

06714921.1 2

ARTICLE 3.

UNION REPRESENTATION

The Company will recognize three (3) Stewards and three (3) alternates, who shall be selected from the group of full-time employees within the Bargaining Unit who have satisfactorily completed their probationary period; the Union will specify the selected Stewards in writing to the Company.

In exercising their responsibilities to the Bargaining Unit employees, the Stewards shall guard against the use of excessive or unnecessary work time and will not unduly interfere with the operations of the Company, and not unduly interfere with the performance of the Company's contract with NASA.

The Stewards shall, prior to leaving their workstations, receive permission from the Program Manager or the Program Manager’s designated supervisor(s) to do so, and shall report back to said Program Manager or Supervisor(s) upon return to the Steward’s workstation.

Upon prior notice to the Program Manager, authorized agents of the Union shall have access to the Company's establishment during working hours for the purpose of adjusting disputes, and to ascertain if the Agreement is being adhered to. It is expressly understood and agreed that in the event the authorized agent of the Union wishes to see an employee or employees in the Bargaining Unit, the Union shall first advise the Program Manager of the name(s), and the Program Manager shall determine if such employee(s) can be released from their respective stations without undue interference in the performance of the Company's responsibilities under its contract with NASA, and shall advise the Union of such employee(s) availability.

Stewards shall be granted preferential seniority and will be retained without regard to seniority, as long as the Company has work that they are qualified to perform. In the event the Stewards are laid off or terminated (for lack of work they are qualified to perform) they shall be the first recalled when work they are qualified to perform becomes available.

ARTICLE 4.

MANAGEMENT RIGHTS

Except as modified by this Agreement, the Company retains the sole and exclusive right of management of its business, and the direction of its working forces, including but not limited to:

the establishment or modification with notification to the Union of reasonable policies, practices, and procedures for the conduct of its business, and to change or abolish such policies, practices, and procedures; the right to plan, direct, expand, reduce and control its operations, to include the shifts to be observed, facilities to be covered , and the methods of job performance; the right to hire, layoff, assign, transfer, demote, promote; the right to determine the starting and quitting times of employees, and the hours and days to be worked; the right to discharge, suspend, or otherwise discipline employees for just cause; the right to take such measures as management may determine to be necessary for the orderly or economical operation of the Company's

06714921.1 3 business. None of these enumerated rights shall be exercised for the purpose of circumventing this Agreement. The Union recognizes that it is the function and right of the management to exercise its own judgment and discretion in developing processes which meet the standards of the U.S. Government, its requirements, and customer acceptance, in order that its business and jobs and wages be protected.

The Company agrees to notify the Union of any changes not expressly authorized by this Agreement, or new Government directives, prior to implementation, and meet with the Union upon request and bargain in good faith the effects of such changes or Government directives.

ARTICLE 5.

UNION DUES

The Company agrees to deduct Union Dues or service fees levied by the International Association of Machinists and Aerospace Workers from the pay of each employee who is or who makes an application to become a member of the Union, or elects to pay a service fee, within the scope of the Bargaining Unit as covered by the Agreement, utilizing the IAM Membership and Dues Check-off Form MR-00I-09 as amended from time to time and provided by the Union, authorizing the Company to do so.

All employees may make applications for membership or pay applicable service fees after the first day of employment.

ARTICLE 6.

SAVINGS CLAUSE

Should any part or provision of this Agreement be rendered invalid by final judgment of a court of competent jurisdiction by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision hereof shall not serve to invalidate the remaining provisions and they shall remain in full force and effect for the term of this Agreement.

Upon such invalidation, the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. In the event the parties are unable to agree upon such substitute provisions the dispute may at the request of either party be referred to arbitration for settlement, but the power of the arbitrator shall be restricted and limited to determining substitute provisions to provide for the same specific objective and purpose of the provisions rendered or declared illegal.

ARTICLE 7.

INITIAL REVIEW PERIOD

An employee who has never accrued seniority under this agreement or predecessor agreements between the Company and the Union, or an employee rehired after the termination of seniority shall be in initial review status until completion of 6 months of employment. An employee in initial review status shall be entitled to all benefits. An employee in initial review status shall be covered by the terms and conditions of this Agreement with the exception of the following. The discipline or

06714921.1 4 discharge for cause as determined solely by the Company, of an employee who is in initial review status shall not be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 8.

STRIKES AND LOCKOUTS

The Company agrees that during the term of this Agreement it will not engage in a lockout of its employees. The Union agrees that during the term of this Agreement there shall not be any strikes, sympathy strikes, sit-downs, slow-downs, work stoppages, boycotts, picketing, or any other refusal to work or any other interference with the operations of the Company, directly or indirectly, by any employee or group of employees, and that no officer, agent, representative, steward or member of the local Union or the Union shall ever authorize, call, participate in, instigate, aid, condone or acquiesce in any such actions and that no employee covered by this Agreement shall participate in any of such actions.

Any employee who engages in any form of activity prohibited by this Article may be subject to appropriate disciplinary action, including termination.

ARTICLE 9.

EMPLOYEE RESPONSIBILITIES

A. Employees within the Bargaining Unit shall be assigned to and answerable to the Program Manager, or in lieu thereof a supervisor or supervisors who shall be designated in writing and who shall be responsible for assigning work, approving absences, and initiating and taking disciplinary actions. Additionally, the site or area leaders, as designated by the Program Manager, shall be responsible for the assigning of work and scheduling absences.

No employee shall be subject to discipline for refusing to carry out the instructions of any person other than such designated leads. The company will not discipline employees when employees receive conflicting instructions.

B. Failure to comply with the requirements for a clearance or denial or withdrawal of such clearance by such governmental agency shall be just cause for discharge of any employee without further recourse by the Union under the terms and conditions of the Agreement.

C. All employees and managers will abide by the Anti-Harassment Policy contained in the Company’s Employee Handbook that all employees receive and acknowledge on the date of hire.

ARTICLE 10.

SAFETY AND HEALTH

A. Employees covered hereby shall be required to comply with all safety rules and regulations established by the Company, and to wear such protective clothing or use safety equipment as may be required and provided by the Company. Employees will be responsible for reasonable care of the customer and/or Company furnished equipment and will use their best efforts to notify the Company of any sabotage or willful damage to Company, customer, or employee property or materials. Protective clothing and safety equipment

06714921.1 5 furnished by the Company remains the property of the Company and each employee shall be responsible for the proper use and care thereof.

B. Those employees required by the Company to wear safety shoes in the performance of their job will be reimbursed for the purchase of such shoes to a maximum of $150.00 on an as-required basis as determined by the Company.

C. Those employees required by the Company to wear prescription safety glasses shall be reimbursed for one pair of safety glasses per year. Damaged or unusable glasses will be replaced as necessary.

D. When an employee is injured so seriously as to require being excused from work by an authorized representative of management, the employee shall be paid for the balance of the regularly scheduled shift on which the injury occurred.

E. Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of the employee’s job classification, such employee shall be required to take such medical examinations as may be directed by the Company. The Company shall pay for each such examination and for the employee's time missed from work to obtain the examination, but such time shall not be considered hours worked for purposes of overtime.

F. Should an employee fail to pass the Company's medical examination and, as a result thereof, is determined by the Company to be unable to perform the duties of the employee’s job classification, the Company agrees to meet with the Union for the purpose of endeavoring to agree on reassignment of the employee to available work for which the employee is qualified and able to perform. Qualifications of the employee to perform other work shall be determined by the Company.

G. If the Company and the Union are unable to reach an agreement, the Company may then reassign the employee to available work for which the employee is qualified or be released from the service of the Company. Disputes arising from the provisions of this paragraph shall be subject to the Grievance procedure.

H. A Steward shall be a member of any Company Safety Committee designated to investigate personnel accidents, injuries, and/or unsafe conditions. If any employee is injured on the job, the Company will notify a Union Steward as soon as possible.

I. The Company and the Union encourage employees to submit to the Company written suggestions for improvement of conditions relating to job safety.

J. Should a walk-around safety inspection of the Company's assigned work locations be conducted pursuant to the provisions of OSHA, one (1) representative, designated by the Union, shall have the right to accompany the inspection team during regular duty hours without loss of pay.

K. The Company will provide each employee whose work requires extreme weather exposure, as determined in the sole discretion of the Company, a reimbursement of three-

06714921.1 6 hundred dollars ($300) per federal contract, not including extensions, options, or modifications, for the purchase of all-weather personal protective equipment, provided that such employee provides satisfactory receipts or documentation showing the funds were used for such purpose.

ARTICLE 11.

GRIEVANCE AND ARBITRATION

A. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by a conference between the Program Manager and the employee involved, providing a Union representative is present. A working problem or personal grievance is defined to be a controversy between any employee or group of employees, and the Company involving the interpretation or application of provisions of this Agreement or supplements thereto, only. If not resolved at this informal level, a formal grievance shall be filed and processed in accordance with the steps and time limits and mutually agreed upon extensions specified below. For purposes of this Article, a formal grievance under this Agreement is defined as a written statement by the Union, an individual employee, or a group of employees (hereinafter called "Grievant") claiming a violation by the Company of the terms of this written Agreement.

B. Except for payroll adjustments, no grievance shall be filed or processed based on facts, events, or omissions within the employee's knowledge, which have occurred more than ten (10) working days before such grievance is filed.

C. Both parties agree to exert an earnest effort to settle such grievances through the following steps:

Step 1. Any matters of contention between an employee(s) of the Union, and the Company, shall be initially discussed between the employee(s) involved, if any, their Steward, and the appropriate Company Supervisor. If such matter is not resolved at this informal step, the aggrieved party(s) shall move to step 2.

Step 2. The Steward shall reduce the grievance in writing to the Program Manager within five (5) working days, from the date that Step 1 was completed.

When the grievance is presented to the Program Manager, the Program Manager will have five (5) working days to respond in writing to the Steward. The Steward shall indicate the Grievant’s acceptance or rejection of the decision.

D. In the event the grievance is not satisfactorily disposed of by recourse in Step 2 of this Article, then the Union may, within thirty (30) calendar days after receipt of the Company's response request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) impartial arbitrators from which the Union and the Company shall choose one to hear the grievance. Upon receipt of the said list of seven (7) arbitrators, the Company and Union shall alternately strike one name until only one name remains unstruck. The remaining un-struck name shall be the name of the Arbitrator who shall hear the grievance. The question of which party shall strike first shall be decided by the toss of a coin.

06714921.1 7

E. The arbitrator shall not have the authority to alter, amend, add to, modify, or change the terms and provisions of this Agreement and the arbitrator’s decision shall be limited to the particular grievance in question. The arbitrator's decision shall be final and binding upon the parties.

F. The Union and the Company shall equally share the expenses and fees of the neutral arbitrator, including any mutually agreed upon services relating to the arbitration proceedings. Each party shall make all arrangements, including pay and/or expenses of any witnesses called, or other representatives or persons requested to attend any arbitration hearing. The number of employee witnesses summoned at any one time shall not be greater than the number which can be spared without interference with the operation of the Company's work.

G. All time limits prescribed herein may be extended by mutual written agreement of the parties. Failure of the Company to respond to a grievance within the time limits set forth herein shall constitute a basis for the Union to escalate the grievance to the next step.

Failure of the Union or the employee to process the grievance to the next step shall render the subject grievance, and any associated claims, void, and any further action on the subject grievance or the said associated claims shall be barred.

H. In any case involving discharge or discipline imposed by the Company, back wages, if any are awarded, shall be limited to the amount of wages that the Grievant would otherwise have earned less any unemployment compensation, substitute earnings, or other compensation whatsoever the Grievant earned during the period of discharge or suspension. The Company shall have the right to require the Grievant to produce any records, which shall evidence such compensation.

I. Nothing in this Agreement shall be construed to prevent an employee from discussing any problem with the employee’s supervisor(s), the Program Manager, or any other official of the Company, but there shall be no formal grievance until it has been reduced to writing. The Union agrees that neither a Steward nor other Union officials shall solicit grievances.

J. Prior to scheduling the hearing with the arbitrator, the parties agree to discuss in good faith whether the hearing may be conducted efficiently and economically using a virtual platform, including without limitation, Zoom, Teams, etc., provided that such platform allows all parties to be seen and heard at the same time. Upon mutual agreement of the parties, the hearing may be conducted using such virtual platform.

ARTICLE 12.

SENIORITY

A. Job classification seniority shall be defined as the length of continuous service, whether employed by the Company or its predecessor, from the employer's latest date of classification into an employee’s current job classification and shall be recognized on an individual job classification basis.

06714921.1 8

B. Bargaining Unit seniority shall be defined as the length of continuous service, whether employed by the Company or its predecessor, from the employee's latest date of hire, and shall be recognized on a Bargaining Unit-wide basis.

C. The Company shall furnish the Union and the District Office, upon request, but in no event more than once each six (6) months, with an accurate seniority list of all employees in the Bargaining Unit by job classification. The seniority list shall be treated as Company Proprietary Information. Such a list is to include the name, classification, latest date of hire, and wage rate of each employee. The Union shall be given written notification of all new hires within ten (10) days of the new hires start date.

D. In administering this Agreement, seniority shall be defined first as job classification seniority (Engineering Tech, Senior 2, Senior, Journeyman, Junior, and Helper) and then Bargaining Unit seniority, in that order. Bargaining Unit seniority within a job classification shall be the determining factor in effecting layoffs, recalls, promotions, demotions, and with respect to other working conditions where specifically stated in this Agreement. An employee replacing another employee as the result of a bump must be able to perform the job with normal orientation but without training.

E. Seniority shall be canceled and terminated upon the happening of anyone of the following events:

1. Employee voluntarily ends employment.

2. Termination of employment by the Company.

3. An employee fails to return to work within ten (10) working days of a notice of recall given by the Company by registered or certified mail and sent to the last known address of the employee.

4. An employee is absent without previously notifying the Company, except in cases of extenuating circumstances.

5. An employee overstays a leave of absence without notifying the Company, except in cases of extenuating circumstances.

6. An employee engages in other employment during an unpaid leave of absence without obtaining the prior written permission of the Company.

7. An employee gives false reason for obtaining or extending a leave of absence.

8. Settlement has been made for total disability.

9. An employee has retired.

10. An employee has been in layoff status for twelve (12) months or is absent because of sickness or injury, or similar cause, for more than twelve months.

11. An employee is promoted or assigned to jobs outside of the Bargaining Unit covered by this Agreement.

12. Failure to obtain or maintain a required security clearance.

F. In making assignments to a permanent job vacancy or a new job, the Company shall consider the desires of the employees. Notice of any such vacancy or new job shall be posted by the Company. Any employee interested in such position shall, within seven

(7) days of posting (during which time another employee may be placed in the vacant position) submit a bid notice to the Program Manager indicating the employee’s

06714921.1 9 qualifications and position-related work experience for such position. The Company shall consider those employees who have submitted a bid notice, and who meet the minimum qualifications as written in the job announcement, for such position. If the Company determines that one of the said employees is qualified, or more qualified than another employee(s), it shall assign that employee to such position. In the event the Company determines that more than one employee is equally qualified for such position, as defined herein, the employee with the most seniority, as defined herein, shall be assigned such position. The Company shall notify in writing within seven (7) days of the closing of the posting, each employee bidding on a vacancy, and who met the minimum qualifications as written in the job announcement for the position, of the Company's decision concerning that vacancy. If the Company determines that no bidding employee is qualified for such a position, then an employee shall be hired/transferred to fill the position. The Company's determination of "qualifications" shall be subject to the grievance procedure. During an employee's initial review period, the employee cannot bid on a job opening. At the end of the posting period when there are no applications from employees who have satisfied the review period, the new employee may then apply for the opening.

G. Any employee who is awarded a job opening shall undergo a ninety (90) workday trial period in the new position to which the employee is assigned. If, during the trial period, the Company determines that the employee cannot satisfactorily perform the requirements of the new job, the employee shall be returned to the previous position, or its equivalent, and shall receive the applicable rate for such position. Employees who are accepted on any bid job and are returned to their former job for failing to meet job requirements shall not be permitted to bid on any job for a period of one (1) year. Any disputes under this paragraph (G) shall be subject to the grievance and arbitration procedures.

H. When a reduction of working forces becomes necessary, employees shall be retained by the Company in accordance with the definition of seniority set forth in this Article, and according to the number of employees the Company determines is necessary within each job classification for the reduced operations contemplated by the Company. Recall of employees shall be accomplished by the same procedure in reverse. Notification of openings for recall shall be given by the Company by registered mail to the last mailing address furnished by the employee. An employee recalled from layoff shall respond within three (3) workdays of receipt of the recall notice as to the employee’s to return to work. A copy of such notice shall also be sent to the Union. If no response is received by the Company within ten (10) days from the date the notice is mailed, the next employee on the seniority list may be recalled and the notified employee will be terminated. If no qualified employee remains on the seniority list, a new employee may be hired or assigned to the open position. Failure of the employee to keep the Company advised in writing of the employee’s current correct address shall relieve the Company of all obligations indicated in this paragraph.

I. Any employee within a particular job classification who is affected by a layoff within the employee’s job classification shall be able to bump. Bumping shall be based first upon bargaining unit seniority, any less senior employee in any like or lower rated job

06714921.1 10 classification where the employee seeking to bump a less senior employee who is qualified for the position in the like or lower rated job classification. When increasing the workforce, those employees who were reclassified at the time of layoff will be returned to their former classifications in line with their seniority as openings occur.

ARTICLE 13.

HOURS OF WORK

A. The workweek shall consist of seven (7) days beginning 12:01 AM on Saturday and ending at 12:00 midnight the following Friday.

B. The workday shall be defined as a period of twenty four (24) consecutive hours beginning immediately after midnight of one day and ending at midnight on the following day.

C. Range Employees: The regular work shift for Range employees shall consist of eight (8) consecutive hours of work in a workday, scheduled on five (5) workdays, normally Monday through Friday, exclusive of an unpaid meal period of thirty (30) minutes. The regular work shift but not necessarily the only work shift, shall commence at 8:00 am and end at 4:30 pm.

Range employees will have the option to flex their normal shift up to 60 minutes within a normal shift. The Program Manager or designated supervisor(s) must approve modifications to the employee's normal shift in advance. Shift premium will not be paid for the 60 minutes that fall outside the employee's normal shift. It is understood that an employee's flex schedule will not interfere with range operations and can be revoked at any time by the supervisor(s) or Program Manager.

D. The pay week will begin at 12:01 AM on Saturday and end at 12:00 midnight on the following Friday.

E. Flex Shift. With prior written approval from the supervisor and within the same work week, employees will have the option to request to flex their normal forty (40) hour, five

(5) day work week. No overtime premium will be paid for hours over eight (8) on any day in the flex work week. If an employee works a flex shift, and is required to work over forty (40) hours in the work week, all hours worked over forty (40) shall be paid under the provisions of Article 20 — Overtime.

F. Pursuant to the operational needs of the Company, the Company reserves the right to schedule employees outside of the regularly scheduled work shift, and the right to implement different shifts than those set forth herein or to change the time periods within which shifts will commence, and where possible shall give the affected employee(s) twenty-four (24) hours' notice of any such change.

G. In the event that the work shift schedule or any other working schedule is changed, modified, or amended by NASA, then the working hours for the employees so affected shall be changed to conform with NASA directives. In the event a NASA-directed working schedule change occurs and as a result of that working schedule change an employee's total regular hours recorded (regular work, holiday, sick, and vacation hours) for the pay week is less than 40 hours, then the employee shall be paid at the employee’s regular straight-time

06714921.1 11 hourly rate of pay for the number of additional hours needed to bring the total hours paid for the week to 40 hours, provided that the Company is reimbursed for the hours by NASA.

H. The Company shall have the right to institute nonstandard schedules to meet workload requirements but will not change work hours arbitrarily. Where possible, employees will be given twenty-four (24) hour advance notice of changes in the regular work schedule.

I. An employee, in the absence of notice not to report to work, who reports for work on the employee’s regularly scheduled shift and for whom the Program Manager determines there is no work available, except when such lack of work is due to an act of God, sabotage, national emergency, or picketing directed against the Company, or other circumstances beyond the control of NASA or the Company, shall receive a minimum of four (4) hours pay at the employee’s regular straight-time hourly rate of pay. Under this paragraph, only the hours which are worked shall be considered as time worked for purposes of computing overtime.

J. In the event the employee is not released in a timely manner or permitted to leave the workplace due to events beyond the control of the employee such as but not limited to an act of God, sabotage, national emergency, such employee will be compensated for all hours until released as required under applicable wage and hour law.

ARTICLE 14.

ABSENCE FROM WORK

A. Except for illness, injury, or other reasons beyond their control, employees are expected to report for work as scheduled unless the absence is authorized by the Program Manager or the designated lead(s). Unauthorized absences shall subject employees to appropriate disciplinary action.

B. It is the duty of every employee who, for any reason is unable to report for work as scheduled, or who expects to report to work late, to notify the Program Manager and/or the Program Manager’s designated lead(s) of the reasons thereof, indicating when the employee expects to report to work. Employees absent will make every reasonable effort to notify the Program Manager and/or their designated lead(s) within one (1) hour before their scheduled starting time.

C. Employees may be granted time off with pay to a maximum of two (2) hours to vote in national, state, local and primary elections, provided that such employees are unable to vote either before coming to work or after leaving work.

ARTICLE 15.

SICK/PERSONAL LEAVE

A. An employee who suffers an injury or illness which prevents the employee from working and with respect to which the employee is not entitled to compensation under any worker's compensation statute shall be entitled to accrue sick/personal leave, up to a maximum of eighty (80) hours per contract year. The Company reserves the right to require proof of illness for any period of sick/personal leave exceeding three (3) days.

06714921.1 12

B. Eligible employees will accrue sick/personal leave to a maximum of eighty (80) hours per contract year, accrued at the rate of 1.54 hours for each complete week actually worked by the employee during the contract year.

C. Employees may request sick/personal leave provided they receive the prior approval of the Program Manager and/or the Program Manager’s designated lead(s), and further provided the employee has sufficient sick/personal leave hours accrued pursuant to the provisions of this Article, and further provided that said time off does not unduly interfere with the operations of the Company. Said sick/personal leave may be extended provided the employee has sufficient hours accrued pursuant to this Article, and further provided the employee receives sick/personal leave.

D. Any unused sick/personal leave shall be carried forward to the subsequent contract year(s).

ARTICLE 16.

LEAVE OF ABSENCE

A. Leave of Absence - To the extent permitted by workload commitments, an employee covered by this Agreement will be granted a leave of absence, without pay, for a period not to exceed twelve (12) months. When circumstances permitted, applications in writing for such leave of absence, stating the reasons therefore, must be submitted to the Program Manager no less than two (2) calendar weeks prior to the first workday of such requested leave. At the discretion of the Company, extended leaves of absence may be granted for good and sufficient cause, when circumstances permit. Employee requests for leave without pay due to an insufficient balance of PTO or sick leave to prevent an unexcused absence will only be authorized in limited amounts and extreme cases. All leave without pay requests must be approved by the employee’s supervisor prior to usage.

B. Military Leave - The Company agrees to observe all provisions of present law or laws hereafter enacted relating to its obligations to those of its employees who may leave the service of the Company to enter the Armed Services of the United States.

C. Military Reserve Duty - Annual military leave will be granted to employees not to exceed thirty (30) days and the Company will pay the difference between military reserve duty pay and the employee's regular base pay up to fifteen (15) days per year provided the employee has completed twelve (12) months of employment. Employees must present to the Program Manager a copy of military orders or other certification stipulating the period of service and submit a certification as to military pay and allowances received.

D. Funeral Leave - In case of the death of a member of the immediate family of an employee, the employee shall be granted a maximum of five (5) scheduled shifts or workdays off with the employee’s regular straight-time hourly rate of pay to attend the funeral and tend to administrative details. Members of the immediate family shall be the spouse, domestic partner, children, stepchildren, parents, stepparents, brother, sister, grandparents, grandchildren, spouse's parents, half-brothers, and half-sisters. In the event other members of the family should die, the employee will be granted a maximum of two

(2) scheduled shifts or workdays off with the employee’s regular straight-time hourly rate

06714921.1 13 of pay to attend the funeral and tend to administrative details. Other members of the employee's family shall be brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, aunts and uncles, and the spouse's grandparents. Pay for all such time shall be at the employee's regular straight-time hourly rate of pay. The Company may require proof of death under this Article.

E. Jury Service - When an employee is necessarily absent from the employee’s regular work shift by reason of required jury service, or to report to a court in person in response to a jury duty summons, or to report for jury examination, the employee shall be granted pay for those hours during which the employee is necessarily absent from the employee’s regular work shift, less any fee or other compensation paid to the employee by the court for such service.

1. Pay for such lost time shall be computed at the employee's regular straight-time hourly rate of pay. In no event shall payment be made for jury duty performed on the employee's regularly scheduled days off, holidays defined herein, or for any hours in excess of eight (8) in any regular workday or hours in excess of forty

(40) in any work week.

2. Pay for such time lost shall not, for any employee, exceed a total of hours equal to thirty (30) regular eight (8) hour workdays in anyone (1) calendar year, less any fee or other compensation paid to the employee by the court for such service.

3. To be eligible for payment of jury service pay, an employee must notify the Program Manager no later than the completion of the employee’s regular work shift following the employee’s receipt of such notice or summons. Further, the employee shall be ineligible to receive jury service pay until such time as the employee presents to the Company a statement from an official of the court attesting to the date or dates and time of such jury service, and the fee or compensation paid to the employee by the court for such jury duty and provided the hours of jury duty occur during the individual's regularly scheduled shift or as otherwise provided herein.

a. If a first shift, sometimes known as day shift, the employee is released by the Court by 11:00 AM, the employee shall be required to report to work after release from jury duty. If a day shift employee is released by the Court after 11:00 AM, the employee shall be required to work the employee’s next scheduled workday.

b. If a second or afternoon shift employee is released by the Court by 12:00 PM, the employee shall be required to work the employee’s scheduled shift. If a second or afternoon shift employee is released by the Court after 12:00 PM, the employee shall not be required to work the employee’s scheduled shift on that day.

c. A third shift employee shall not be required to work the employee’s scheduled shift immediately prior to the employee’s first morning of jury

06714921.1 14 duty. If a third shift employee is released by the Court by 4:30 PM, and not scheduled for jury duty the following day, the employee shall be required to work the employee’s scheduled shift that night. If a third shift employee is released by the Court after 4:30 PM, the employee shall not be required to work the employee’s scheduled shift that night.

F. Union Business Leave - Upon furnishing the Company reasonable advance notice, wherever possible two (2) weeks, employees will be granted leave of absence without pay for the purpose of Union business. Such leave is limited to thirty (30) calendar days but the Company will give consideration for an extension, if required, upon written request to the Company. Such leaves will be limited to one (1) employee at any given time and further limited to one (1) leave per month. During leaves of thirty (30) days or less, employees shall retain, and continue to accrue seniority. However, if two (2) delegates are elected to attend the Virginia State Council of I.A.M.A.W., they shall be allowed, workload permitting, to attend the council.

G. Maternity Leave - Maternity leave shall be treated as any other disability and will be covered under the applicable disability plan.

H. Seniority Rights - Employees on approved leaves of absence of two (2) calendar weeks or less in duration shall not suffer any loss of seniority or any seniority right under this Agreement. Employees on approved FMLA leave shall not suffer any loss of seniority, or any right covered under this Agreement for the duration of the employee’s approved FMLA leave. Employees on approved leaves of absence of more than two (2) calendar weeks, but (12) months or less, shall maintain levels of seniority existing at the commencement of said leave. Employees returning from a leave of absence of more than two (2) calendar weeks, but (12) months or less, shall be restored to their former job, or its equivalent, providing such a job exists. In the event no such job exists, the returning employee shall have the right to displace another employee with less seniority in the job for which the returning employee is qualified, as determined by the Company in its sole discretion. Bargaining unit employees that request Leave Without Pay (LWOP) during the time of change in the Company shall not lose vacation accrual, sick/personal leave accruals, or seniority rights. The maximum amount of LWOP that can be used during this time is no more than two (2) weeks. Employees are to use this leave during the first three (3) months of the Successor.

I. Temporary Employees - Employees hired to replace employees on approved leaves of absence shall be hired in a temporary status. Employees returning from a leave of absence shall have the right to displace such temporary employees. Employees hired on a temporary basis shall be so advised by the Company at the time they are hired.

Temporary employees will be treated as initial review employees (re: Article 8) except they will receive no benefits.

J. The Company shall adhere to the provisions of the Family Medical Leave Act, as provided for and/or modified by statute or interpretation by a court of competent jurisdiction.

06714921.1 15

ARTICLE 17.

HOLIDAYS

A. The following are designated as holidays:

New Year's Day Labor Day

Martin Luther King's Birthday Columbus Day

Presidents Day Veteran's Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

B. Should any of the above holidays fall on Saturday or Sunday, the Company will observe as the holiday the day determined by NASA Wallops Flight Facility. If any additional holiday, including without limitation Juneteenth, is incorporated into the Company’s federal contract by NASA Wallops Flight Facility, such holiday shall be considered automatically added to the above list of designated holidays.

C. Employees are eligible for holiday pay, provided that they work, or are on authorized paid leave during their full shift on the last scheduled workday preceding the day the holiday is observed, and the first scheduled workday following the day the holiday is observed.

D. An eligible employee who is not required to work on the day observed as a holiday shall receive eight (8) hours pay, exclusive of all premiums, at the employee’s regular straight-time hourly rate of pay.

E. An eligible employee who is required to work on the day observed as a holiday shall receive two (2) times the employee’s regular straight-time hourly rate of pay for all hours actually worked on that day, in addition to eight (8) hours pay at the employee’s regular straight-time hourly rate of pay. An employee who is required to work on the day observed as a holiday and who does not report to work shall be subject to disciplinary action and shall be ineligible for benefits under this Article for that holiday unless the failure to report to work was beyond the reasonable control of the employee.

F. Should any employee be required to work on the actual occurrence of the holiday and is not scheduled to work on the day the same holiday is observed as determined by NASA Wallops Flight Facility, such employee shall receive two (2) times the employee’s regular straight-time hourly rate of pay for all hours worked on the actual occurrence of the holiday.

06714921.1 16

ARTICLE 18.

VACATIONS

A. Each regular full-time employee shall earn vacation for each complete calendar week paid. The amount of vacation which an employee will earn for each calendar week shall be determined by the number of years of continuous service completed by the employee from the employee’s most recent date of hire, as defined by the provisions of the Service Contract Act, in accordance with the following chart through December 31, 2022:

Weekly Accrual Rate Annual Allotment Years of Service

1.54 hours 80 hours 1St through 4th years

2.31 hours 120 hours 5th through 10th years

3.08 hours 160 hours 11th & succeeding years

Effective January 1, 2023, the following Vacation Accrual Chart shall apply:

Weekly Accrual Rate Annual Allotment Years of Service

1.73 hours 90 hours 1st through 4th years

2.5 hours 130 hours 5th through 10th years

3.27 hours 170 hours 11th through 19th years

4.04 hours 210 Hours 20th & succeeding years

B. The Company shall retain the final right to approve, deny, schedule, and cancel all vacations. If two (2) or more employees request the same vacation date(s) and the Company determines to approve some but not all such vacation requests for such date(s), the request of the senior employee(s) shall be honored. Request for vacation will be returned either approved or disapproved within five (5) workdays from receipt.

Once an employee's vacation request is approved it will not be overridden by a request from a more senior employee of the same time frame. The Company shall reimburse the employee for unrecoverable funds due to the direct cancellation of approved leave by the Program Manager.

C. An employee, whose designated job classification is listed in Appendix A of this Agreement, shall be compensated for vacation at the regular straight-time hourly rate of pay for the designated job classification at the time the vacation is taken.

D. Paid holidays falling within an employee's authorized and previously scheduled vacation period, shall not be charged to that employee's vacation account.

E. Eligible employees shall accrue and vest vacation by pay period in accordance with the accrual schedule set forth above. Prior to the end of each pay period, the employee shall have the option of selling back to the Company vacation leave (in a minimum of forty

(40) hour increments), using the vacation leave at a time mutually convenient to the

06714921.1 17 employee and the Company, or carrying the vacation leave forward up to a maximum of three (3) times the employee's yearly accrual rate.

F. An employee who leaves the employ of the Company will be paid for accrued, unused vacation at the employee’s regular straight-time hourly rate of pay.

G. Vacation leave time may not exceed three (3) times the employee's annual accrual rate at any time. Any vacation leave accrued in excess of three (3) times the employee's annual rate shall be paid to the employee.

H. If, due to workload requirements and operational needs of the Company, an employee is unable to schedule vacation, and the said inability to schedule the vacation results in an employee having accrued more than three (3) times the employee's accrual rate of vacation hours it is agreed that the employee(s) so affected shall have an additional sixty

(60) calendar days to reduce the employee’s vacation accrual to the maximum.

I. Employees may, due to humanitarian reasons, donate vested vacation leave to other Bargaining Unit employees who have insufficient leave. This donated leave will be converted in a manner so that the Company will incur no additional financial cost.

ARTICLE 19.

WAGE RULES

A. The rates set forth in Appendix A attached hereto and made a part of this Agreement shall prevail on and after the effective date indicated thereon.

B. When a new job classification, in addition to those listed in Appendix A, is created, the wage rate, therefore, shall be determined by negotiation between the Company and the Business Representative of the Union.

C. Pay increases or decreases shall become effective on the date of implementation of a new classification.

D. Payday is to be Friday by 4:30 pm the week following the two-week pay period. If Friday is a holiday, Thursday is to be payday. A payroll checks delivery delay caused by the U.

S. Mail or other carrier shall be deemed an act beyond the control of the Company.

E. Employees temporarily assigned by the Company to work during hours other than their regularly scheduled working and/or shift hours, shall be paid a premium of twelve percent (12%) of their regular straight-time hourly rate of pay for all hours worked outside of their regularly scheduled working hours.