J-0200000-22 CBA-2026-360.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

T&H SERVICES, LLC

AND

THE INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL #465 AFL-CIO

Effective: June 1, 2026 through May 31, 2029

Docusign Envelope ID: 3DA93386-70ED-865E-83AE-9AB881992949

TABLE OF CONTENTS

ARTICLE 1 – PURPOSE

ARTICLE 2 - UNION RECOGNITION, AGENCY SHOP CLAUSE AND CHECK-OFF

Section 1: Union Recognition Section 2: Agency Shop Clause and Check-Off

CHECK OFF AUTHORIZATION

ARTICLE 3 - NON-DISCRIMINATION

ARTICLE 4 - MANAGEMENT RIGHTS

ARTICLE 5 – VISITATION

ARTICLE 6 – STEWARDS

ARTICLE 7 - SAFETY PRACTICES

ARTICLE 8 – JURISDICTION

ARTICLE 9 - CONTRACTUAL WORK

ARTICLE 10 – SENIORITY

ARTICLE 11 - VACANT POSITIONS AND PROMOTIONS

ARTICLE 12 - REDUCTIONS IN FORCE AND LAYOFFS

ARTICLE 13 - DISCIPLINE AND DISCHARGE

ARTICLE 14 - LEAVES OF ABSENCE

ARTICLE 15 - GRIEVANCE AND ARBITRATION PROCEDURE

Section 1: Grievance Steps Section 2: Multiple Employees Section 3: Time Limits Section 4: Arbitration Section 5: Stewards Involvement Section 6: Waiver of Time Limits Section 7: Arbitrators

ARTICLE 16 - HOURS AND WORK WEEK

Section 1: Work Week Section 2: Employee Notification Section 3: Overtime Section 4: Shifts Section 5: Call Back Hours Section 6: Emergency Facility Closings Section 7: Designated On-Call Personnel

ARTICLE 17 - NO STRIKE/NO LOCKOUT

ARTICLE 18 - GENERAL

Section 1: Health Physical Examinations

Section 2: Quality Improvement Programs Section 3: Miscellaneous

ARTICLE 19 - CATEGORIES AND CLASSIFICATIONS

Section 1: Employee Categories Section 2: Job Classifications

ARTICLE 20 - WAGES AND OTHER COMPENSATION

Section 1: Wages Section 2: Overtime Compensation Section 3: Shift Differential Section 4: Lead/Master License Pay Section 5: Compensation for Designated On-Call Personnel Section 6: Davis Bacon Work Section 7: Pyramiding of Premiums

ARTICLE 21- HOLIDAYS

ARTICLE 22 – PERSONAL TIME OFF (PTO)

ARTICLE 23 – BENEFITS

Section 1: Bereavement Leave Section 2: Compensation for Jury Duty Section 3: Health & Welfare Section 4: Severance Pay

ARTICLE 24 - MISCELLANEOUS

Section 1: Uniforms Section 2: Work Shoes & Prescription Safety Goggles Section 3: Drug Testing 3a. Reasonable Belief Testing:

3b. Post Incident Testing Section 4: Equipment and Tools Section 5: Training Section 6: IUOE National Training Fund Contribution

ARTICLE 25 - BINDING EFFECTIVE AGREEMENT

ARTICLE 26 - SCOPE, WAIVER AND ALTERATION OF AGREEMENT

Section 1:

Section 2 Section 3:

ARTICLE 27 - TERMINATION AND MODIFICATION

ARTICLE 28 -WRAP-UP CLAUSE

SCHEDULE A: WAGE SCHEDULE

ARTICLE 1 – PURPOSE

This Agreement is effective June 1, 2026, for Beaufort Marine Corps Air Station MFFSS Contract, Contract Number N4008518D9738, by and between T&H Services, LLC, hereinafter referred to as the "Company", and the International Union of Operating Engineers Local 465, AFL- CIO, hereinafter referred to as the 'Union". This contract will remain effective until and through May 31, 2029. If the Company succeeds in its efforts to receive a following contract award with the U.S.M.C, Company agrees that it will, in good faith, enter into negotiations to extend this agreement, or one suitable to both parties, for the balance of that fiscal year.

ARTICLE 2 - UNION RECOGNITION, AGENCY SHOP CLAUSE AND CHECK-OFF

Section 1: Union Recognition

a. The Employer hereby recognizes the Union as the sole and exclusive collective bargaining agent of the employees covered by this Agreement for the purpose of collective bargaining with respect to rates allay, benefits and hours of employment as per NLRB Certification

#11- RC-6597.

b. The term "employee" as used herein shall include only those individuals employed by the Company at the Beaufort Marine Corps Air Station MFFSS Contract. Contract Number N4008518D9738, in the job classifications listed in Schedule A. The term does not include employees of the Company at other locations or project sites.

c. Excluded are temporary employees (defined as employees working one hundred twenty

(120) days or less), confidential employees, managerial employees, guards, and supervisors as defined by the Labor Management Act of 1947 or by this Agreement.

Section 2: Agency Shop Clause and Check-Off

a. All Employees shall, as a condition of employment, be required to make periodic tender of money to the Union in an amount not to exceed the cost of collective bargaining and representation. The first such tender is to be made within thirty (30) calendar days following the date of hire or the effective date of this Agreement, whichever is later. Failure of an employee to comply with this requirement shall, upon written request of the Union, result in the termination of such employee. This section shall not preclude any employee who wishes to voluntarily become a member of the Union from doing so.

b. The Company shall inform the Union of the following information within fifteen (15) calendar days of the employee's hire date: name, address, hiring date, social security number, classification, job location and shift assignment. The Company shall also inform all newly hired employees of the Agency Shop Clause during new employee orientation.

c. If the terms of this Agency Shop Clause are, in the future, declared unlawful by a court of competent jurisdiction, the provisions of the Article shall not apply. The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost or expense arising out of the discharge of any employee or payroll with respect to the discharge of any employee for failure to comply with the deductions made pursuant to this Article, and the Company shall not be required to make any investigation of, but shall be entitled to rely on any representation made by the Union requirements set forth in this Article. In the event it is determined by a proper judicial or quasi-judicial forum that any employee was improperly discharged, or a deduction(s) improperly made by the Company acting on the Union's advice, the Union will indemnify and hold the Company harmless from any and all claims.

d. The Union shall furnish the Company a letter stating the Union dues formula to be used to compute monthly deductions. Such a letter shall be in effect for the duration of the Agreement unless modified by the Union. The Company agrees to deduct Union dues from the pay of those employees who are employed during said month and who have executed and furnished the Company, via the Union, a form authorizing payroll deduction of Union dues.

e. The Union shall submit payroll deduction authorization forms to the Company by the fifteenth (15th) day of each month. Each authorization form shall contain the name, social security number, employee number and signature of the employee executing the form. The Union accepts responsibility for the authenticity of each authorization form. Authorization forms that are incomplete or in error will be returned to the Union immediately for correction. The Company shall begin payroll deductions for Union dues effective the pay period following receipt of properly completed and executed authorization forms.

f. The Company agrees to deduct monthly dues from the first (1st) pay period of each month, provided that deductions have been properly authorized as outlined above, and provided further that sufficient earnings remain to cover the Union dues after the deductions required by law. Such deductions shall continue in like manner thereafter, except as qualified herein.

g. In cases where deductions for dues are made from the pay of any employee who has previously paid dues, the Union will make refund or credit directly to such employee.

CHECK OFF AUTHORIZATION

T & H SERVICES

International Union of Operating Engineers Local 465, AFL-CIO PO Box 15250 Durham, NC 27704 (919)596-6869

I, an employee of T & H Services, hereby authorize and direct my employer to deduct from my wages and pay to Local 465 of the International Union of Operating Engineers, Local 465, AFL-CIO, an initiation fee of ($6) and a monthly dues amount equal to (1/2 hours pay per week) fixed by the union. This authorization is voluntarily made in order to pay my fair share of the union's costs of representing me for the purpose of collective bargaining, and this authorization is not conditioned on my present or future membership in the union. The authorization is made with the specific understanding that it is a condition of employment with my employer.

This authorization shall remain in effect for one year, without regard to whether I am a union member during that period and shall be automatically renewed from year to year for a period of one year, unless within 30 days prior to the anniversary of this authorization, I revoke this authorization in writing.

Contributions of gifts to the International Union of Operating Engineers and this Local union are not deductible as charitable contributions for income tax purposes.

Date Signature

Printed Name

Date of Birth Social Security Number

Address

City State Zip Code

Phone#

ARTICLE 3 - NON-DISCRIMINATION

a. The Employer and the Union both recognize their responsibilities under Federal, State and Local laws pertaining to fair employment practices. Accordingly, both parties reaffirm by this Agreement to comply with all applicable federal laws pertaining to nondiscrimination against any person or persons because of race, color, religion, national origin, sex, or age, or because the employee has a disability, or status as a protected veteran, or because of the employee's marital status or status as a parent or pregnant person.

b. The use of masculine or feminine gender or any titles, which connote gender in this Agreement shall be construed as including both genders and not as gender limitations.

ARTICLE 4 - MANAGEMENT RIGHTS

a. It is agreed that the Employer hereby retains and reserves unto itself, without limitation, all the powers, rights, authority. duties and responsibilities conferred upon and vested in it by the laws and the constitutions of the State of South Carolina and the United States, including and without limiting the generality of the foregoing, the rights to:

1. The management and administrative control of the Company, its properties, equipment, facilities, and operations and to direct the activities and work of its employees.

2. Hire all employees and determine their qualifications and the conditions of their continued employment.

3. Promote, transfer and assign all employees.

4. Determine the size of the workforce, and to expand or reduce the workforce.

5. Establish, eliminate, continue or revise any personnel and employment policies and/or work rules and regulations.

6. Dismiss, demote and discipline employees for cause.

7. Establish, modify or change any work, business schedule, hours or days.

8. Determine the services, supplies and equipment to conduct its operations, performance, and determine the means, methods and processes of performing and/or accomplishing the work to be done, including the assignment and distribution of tasks and work among any of its workforce.

9. Determine the financial policies, including all accounting and payroll policies and procedures, and all matters pertaining to public relations and determine the size of its administrative organization, its functions, authority, and amount of supervision and table of organization.

10. Appoint employees to lead positions and abolish such positions.

b. As policies are updated, the will Union will be notified forty-eight (48) hours prior to the workforce communication, where applicable.

c. In the exercise of the foregoing powers, rights, authority, duties and responsibilities by the

Employer, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the specific and express terms in conformance with the Constitution and laws of the State of South Carolina and the United States.

d. Further, it is the mutual intent of the parties to provide for the efficiency of the operation and maximum production of the employees under methods which further the safety of all affected parties, the efficiency and economy of operations and the continued employment under conditions of reasonable hours, compensation and working conditions as contained herein so that operations will be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government with due regard to competitive conditions.

ARTICLE 5 – VISITATION

Upon reasonable advance request by the Union and the presentation of proper credentials officers or accredited representatives of the Union shall be admitted into the buildings serviced by the Employer during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties or for assisting in the adjusting of grievances.

Visitation shall not be in areas or at times that would be detrimental to the management and function of the operation.

ARTICLE 6 – STEWARDS

a. Employees shall be represented by Shop Stewards who are selected by the Union. The

Union shall furnish a list of Shop Stewards to the Employer. Shop Stewards shall be employees of the Employer.

b. Reasonable arrangements may be made with immediate supervisors to allow Shop Stewards time off, with pay, for the purpose of investigation and adjusting grievances.

c. On site Union representation shall consist of two shop stewards and two alternates.

Additional onsite representation will require company concurrence. Alternates will only perform representational duties in the absence of the steward.

ARTICLE 7 - SAFETY PRACTICES

a. The Employer will take reasonable measures in order to prevent and eliminate any present or potential job hazards that the employees may encounter at their places of work.

b. The employee will notify the Employer in writing of any such job hazard as soon as the employee becomes aware of such unsafe areas, conditions, or equipment. The Employer, upon notification of any alleged unsafe condition, shall investigate such condition, or alternatively, recommend to the party responsible for the premises that it make such adjustments if, in the Employer's investigation, the alleged unsafe condition is found to be a hazard to the employee.

c. The Employer agrees to work with the Union on all safety issues.

ARTICLE 8 – JURISDICTION

Persons not covered by the terms of this Agreement may temporarily perform work covered by this Agreement for the purpose of instructional experimentation, or to provide coverage for work not being performed by members of the bargaining unit due to absence from work or in cases of emergency.

ARTICLE 9 - CONTRACTUAL WORK

The right of contracting or subcontracting is vested in the Employer. Additional employees who are hired by the Company to accommodate any expansion of services and/or workload on a consistent, routine and ongoing basis shall be covered by this Agreement.

ARTICLE 10 – SENIORITY

Seniority within the collective bargaining unit shall be based on the Beaufort Marine Corps Air Station MFFSS Contract hire date of each employee. In the event that two (2) or more employees are hired on the same day, the most senior employee shall be determined by alphabetizing the employees' names in the order of last, first, and middle initial. The most senior being the employee with the lowest alphabetical character in order.

a. Employees who successfully complete their probationary period shall be granted seniority to date of hire.

b. An employee will lose his/her seniority for the following reasons:

1. The employee resigns.

2. The employee is discharged for cause.

3. The employee is absent for two (2) consecutive working days without notifying his/her supervisor and without a good cause and/or sufficient reason.

c. Seniority shall be lost within the bargaining unit for an employee who transfers to a non bargaining unit position.

d. An agreed to seniority list shall be made available to the Union and Stewards on a semiannual basis. Such list shall contain each employee's name, date of hire, location, classification, and bargaining unit seniority date.

ARTICLE 11 - VACANT POSITIONS AND PROMOTIONS

This article applies to vacant positions, new positions and vacated positions that are within the jurisdiction of this collective bargaining agreement.

a. Notices of vacant positions shall be dated and shall be distributed to each work area and posted in plain sight on employee bulletin boards within two (2) working days from the date of the notice. Notices shall include a closing date that allows employees seven (7) calendar days from the date of notice to apply for vacant positions. The Employer shall review the qualifications and seniority of each applicant. For all vacancies, the most qualified senior applicant shall be given an opportunity to accept or refuse the vacancy. This process will continue until all approved vacancies are filled. All notices shall include the following information:

1. Date of notice (the start date of the job bid)

2. Closing date

3. Type of work

4. The job classification

5. The place of work

6. The rate of pay

7. The hours to be worked (if other than regular hours)

8. The minimum qualifications for the position

b. A newly hired employee shall be in a probationary status for ninety (90) calendar days from and including the first day of employment. If at any time prior to the completion of the specified probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer without appeal by the Union.

c. A newly promoted employee shall serve a probationary period of fifteen (15) calendar days. The employee, upon being promoted, shall be paid the rate of pay for the position effective the first day the employee commences work at the new position. If during the probationary period, the employee requests to be returned to their former position, the Employer shall honor such request. In the event that the employee's work performance is not satisfactory, the employer shall have the right to return the employee to his/her former position.

d. Any employee covered by this Agreement and temporarily transferred to a different job classification shall be paid the rate of pay of the classification transferred to or transferred from, whichever is higher. Upgrades will only be paid for four (4) consecutive hours worked in a workday.

e. Temporary transfers shall be for a period of ninety (90) calendar days or less, unless both parties mutually agree to an extension.

f. Any employee who is bumped as a result of another employee returned to his/her former position (now occupied by the employee to be bumped) shall be returned to his/her former classification and rate of pay.

ARTICLE 12 - REDUCTIONS IN FORCE AND LAYOFFS

Employees shall be displaced, laid off, or recalled according to seniority based on their Beaufort MCAS Contract hire date. Employees shall be given the same notice of intended layoff as the Company receives from the Contracting Officer. The Company will attempt to provide thirty (30) calendar days of notice, however there will be a minimum of ten (10) working days of notice of any intended layoff, or as otherwise required by law.

a. If a reduction in force (RIF) or government generated cutback and/or employee displacement is necessary, the least senior employee in the affected classification will be notified and selected.

b. An employee maintaining a temporary status will be considered the least senior employee.

Temporary upgraded employees will be returned to their status prior to upgrade, if the position is required during procedures.

c. Recall after a layoff shall be in accordance with the seniority of the qualified, terminated or affected employees. Employees who are terminated or displaced as a result of a layoff, shall remain on the recall list, by seniority for one (1) year.

d. The Union will be provided an updated seniority list after a RIF.

e. Employees are responsible for providing the Employer with their up-to-date contact information, whether it be address, email address or phone number. Once contacted about the possibility of recall, the Employee shall have seven (7) calendar days to reply to the Employer regarding their desire and ability to return to work.

f. Specialized training/technical experience may override seniority guidelines when specific technical expertise is required to accomplish the mission, such as the repair of certain types of electronic equipment.

ARTICLE 13 - DISCIPLINE AND DISCHARGE

a. Dismissal, suspension, and/or any other disciplinary action shall be only for just and stated causes, with employees having the right to defend themselves against any and all such charges. When the Employer feels disciplinary action is warranted, such action must be initiated within twenty-one (21) calendar days of the occurrence of the condition giving rise to the action, or within twenty-one (21) calendar days of the date that is reasonable to assume the Employer first became aware of the conditions giving rise to the discipline.

Written notification of dismissal, suspension, and/or other disciplinary action shall be sent to the employee and the Union within twenty-four (24) hours. Among the causes which shall be deemed sufficient for dismissal, suspension and/or other disciplinary action are the following:

i. The state of being under the influence of alcohol and/or illegal narcotics and/or possession of same

ii. Dishonesty

iii. Insubordination

iv. Theft or vandalism

v. Excessive absenteeism

vi. Willful violation of agreed-upon Employer Rules/Policies & Procedures

Handbook

vii. Violation of the site work rules or statutes or governmental regulations

viii. Access to the base due to failure to obtain security clearance

b. For progressive discipline purposes, written reprimands, and suspensions without pay will have a shelf life of one (1) year from the date of issuance. An exception to this would be more egregious behavior by the employee, which is not subject to progressive disciple and will remain in the employees personnel file for the extent their employment.

c. All disciplinary action will be conducted on a fair, equitable, and consistent basis.

d. In the event the Commander of the Beaufort Marine Corps Air Station or other top ranking military official in charge of the Air Station requests removal of an employee from the Air Station, the employee's employment shall be terminated immediately. The Company shall request written notification of the requested removal from the Air Station Commander, and the notice will be provided to the Employee. The requested removal of an Employee from the Air Station effectively prevents the employee from performing their job, and no further action shall be required from the Company.

ARTICLE 14 - LEAVES OF ABSENCE

a. An employee who has completed one (1) year of service and who, because of illness or accident which is non-compensable under the Worker's Compensation Law, is physically unable to report for work, shall be given a leave of absence without pay, and without loss of seniority, for a period of time up to twelve (12) weeks, which may be extended by mutual agreement, provided the employee promptly notifies the Employer with a certificate from a medical provider of mutual choice, of the necessity for such absence and for the continuation of such absence, when the same is requested by the Employer.

b. Leaves of absence without pay and without loss of seniority may be granted for up to twelve (12) weeks of prolonged serious illness in the immediate family, which includes spouse, children and parents living in the same house.

c. Leaves of absence without pay and without loss of seniority may be granted for reasonable periods of time for training related to an employee's regular duties. The employee should give six (6) months advance written notice whenever possible.

d. An employee, upon request, may be granted an unpaid leave of absence not to exceed one (1) year for the purpose of parental care of the employee's newborn child or newly adopted infant child. Seniority shall not accrue during the unpaid leave.

e. The reinstatement rights of any employee who enters the military service of the United

States by reason of an Act or law enacted by the Congress of the United States, or who may voluntarily enlist during the effective period of such law, shall be determined in accordance with the provisions of the law granting such rights.

f. Leaves of absence without pay. and without loss of seniority, will be granted as required by law to employees who are active in the National Guard or a branch of the Armed Forces Reserves for the purposes of fulfilling their required annual field training obligations, provided such employees make written request for such leaves of absence immediately upon receiving their orders to report for such duty.

g. Any employee in the bargaining unit who is either elected or appointed to a position of office in the Union shall be granted leave of absence without pay for the term of such office or position. The employee shall accumulate seniority during the period of leave of absence.

h. All requests for leaves of absence shall be in writing, stating the reason for the request and the approximate length of leave requested. A copy shall be sent to the Union. Leaves of absence may be granted at the discretion of the Employer for reasons other than those listed above when they are deemed beneficial to the Employer.

i. An employee may apply to Management for an unpaid personal leave of absence for up to ninety (90) calendar days. The granting of said requests shall be at the discretion of the Company. A request that is denied shall have the reason(s) for denial stated on the request form.

ARTICLE 15 - GRIEVANCE AND ARBITRATION PROCEDURE

Section 1: Grievance Steps For the purposes of this Agreement, a grievance is defined as a dispute between the Company and its employees covered by this Agreement concerning the application and interpretation of a specific provision or provisions of the Agreement as written. A controversy as to any matter not expressly covered by an express provision of this Agreement, or which arose prior to the signing of this Agreement, shall not be subject to the grievance or arbitration procedures. The procedures set forth in this Article shall be the exclusive means for the disposition of all grievances under this Agreement. All grievances shall be processed in the Following manner:

Step One: Within fourteen (14) calendar days of the occurrence of the incident giving rise to the grievance, or within fourteen (14) calendar days following the date the employee first reasonably should have known of the events giving rise to a grievance, with the objective of settling the matter informally, the affected employee shall first discuss the matter with the immediate supervisor and a Shop Steward ifs/he so desires. All step one decisions will be non-precedential.

Step Two: If the aggrieved employee is dissatisfied with the immediate supervisor's response, the employee with or without the Steward, shall within seven (7) calendar days from the date of the decision given by the aggrieved employee's immediate supervisor, present such grievance in writing to the Labor Relations (LR) representative. LR will assign a tracking number, forward the grievance to the appropriate next level of management and Union, and hold a Step Two meeting within seven (7) calendar days.

The written grievance shall contain the following:

a. A statement of the occurrence giving rise to the grievance, containing all known pertinent facts;

b. The Article and paragraph of this Agreement alleged to have been breached or violated, and the manner in which it was breached or violated;

c. The date, time and place of the alleged violation;

d. The names of the persons present. if known, having a direct personal knowledge of the facts involved;

e. A statement of what the aggrieved considers a reasonable and appropriate adjustment of the grievance;

f. The grievance shall be signed by the grieving employee.

Grievances missing any of the above elements shall not be considered. The appropriate Management shall give the employee and/or the Steward a written answer to the grievance within seven (7) calendar days after the Step Two meeting. If the Company does not respond to the grievance in writing within the time specified, the grievance will be deemed to be denied by the Company, and the grievance may be taken to the next section in this procedure.

Step Three:

If the matter is not resolved in Step Two, the Union may submit the grievance to the Company's LR representative or his/her designee within seven (7) calendar days, for resolution by the Corporate level manager. The Step Three meeting, between the Corporate level manager and the Union will take place within seven (7) calendar days after the receipt of the Step Three grievance from the Union. The appropriate Corporate level manager shall give the Steward and/or Union Business Representative a written answer to the grievance within seven (7) calendar days after the Step Three meeting. If the matter is not resolved within this period, the matter shall then be considered for arbitration proceedings.

Section 2: Multiple Employees If a grievance affects more than one employee, only one employee shall represent the other grieving employees at all steps of the grievance procedure.

Section 3: Time Limits If the Union or employee fails to appeal the grievance within the time limits set forth in the grievance steps, the grievance will be considered settled based on the Company's last answer. If the Company fails to respond to the grievance within the time limits set forth in the grievance steps, it shall be construed as denial of the grievance.

Section 4: Arbitration If the grievance is not satisfactorily resolved in Step Three, the Union may, within seven (7) calendar days after the conclusion of Step Three, request that the grievance be resolved by an impartial arbitrator. Such a request must be in writing and must be submitted to the Company's President or designated Company HR Representative. If the Union fails to request arbitration within seven (7) calendar days after the conclusion of Step Three, the matter shall be considered settled based on the Company's Step Three answer.

In the event arbitration of the grievance is requested either party may, within seven (7) calendar days, request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators from which an arbitrator for the grievance shall be selected by the parties. The Union and the Company shall strike names alternately until only one individual is remaining on the list and that individual shall be the arbitrator. The grieving party shall strike the first name.

The decision of the arbitrator shall be final and binding on the parties; however, such decisions must be limited to the interpretation and application of the specific provisions of the Agreement, and the arbitrator shall not have the authority to modify or amend the provisions of this Agreement.

In addition, the arbitrator's decision shall be limited to the issues of claims specifically set forth in the written grievance submitted under Step Two and Step Three. The arbitrator shall not make any findings or determinations or rule on any claims or issues not expressly contained in the written grievance, nor shall he consider or give weight to any matter, evidence or testimony relating or pertaining to issues or claims not contained in the written grievance.

All expenses shall be borne equally by the parties.

Section 5: Stewards Involvement Stewards will be paid for time spent in preparing for or attending any grievance meeting with the Company or arbitration hearing only as set forth in Article 6 (Union Stewards). If, in the opinion of the Company and work needs permit, grievant may be granted reasonable time off without pay to attend such meeting or hearing. Such time off must be requested by the Steward or grievant at least three (3) calendar days in advance of the meeting or hearing.

Section 6: Waiver of Time Limits The parties may mutually agree to waive any of the time limits set forth in the Article. Any agreement to waive any of the time limits must be noted on the written grievance and initialed by both parties.

Section 7: Arbitrators The arbitrator shall hear only one grievance at a time.

ARTICLE 16 - HOURS AND WORK WEEK

Section 1: Work Week

a. The regularly scheduled workweek shall consist of forty (40) hours beginning at 0001 Saturday and ending one hundred sixty-eight (168) hours thereafter. Any changes to the referenced workweek will be at the mutual agreement of the Company and the Union.

b. The normal work day shall be eight (8) consecutive hours, exclusive of the unpaid lunch period, with the exception of four (4) ten (10) hour days.

c. Changes in hours or assignments to shifts may be made whenever necessary. Except in emergencies, a one-week notice shall be given in advance of such changes.

d. The Company may allow employees to work modified work schedules as long as the government contract requirements are being met for that shop and/or classification.

e. Subject to the other provisions of this agreement, employees covered by this Agreement are expected to be at their work site ready when scheduled to begin working at the start of their shift and remain at their work site until the end of their scheduled shift. In the event of an emergency, employees should be properly relieved.

Section 2: Employee Notification Employees who are unable to perform their duties because of illness or disability should, whenever possible, notify their immediate supervisor of that fact at least two (2) hours prior to the start of the scheduled working hours. In the event that an illness or disability extends beyond the first workday, the employee and the employee's immediate supervisor may make arrangements as to the frequency of continued notification by the employee of the illness or disability.

Section 3: Overtime

a. Overtime shall be divided and rotated as equally as possible within the bargaining unit, according to the overtime roster within classification, and among those employees who regularly perform such work. Provided they are qualified to perform such work.

b. Employees will receive compensation for overtime as set forth in Article 20.

c. If there is no one available to work overtime, the Company will assign the least senior qualified employee(s) within a given classification to perform the additional work.

Section 4: Shifts

a. An employee will be considered as regularly assigned to a shift if he/she is assigned to that shift for one (1) week or longer. An employee regularly assigned to the day shift, who may occasionally (i.e., for less than a three-day period) be required to come in early or work another shift, is not eligible for shift differential. Similarly, an employee regularly assigned to the afternoon shift, who may occasionally be required to work the night shift, is not eligible for night shift differential. However, employees who are required to work on a different shift each week on a regular basis are considered to be on a rotating shift.

b. Employees will receive shift differential pay as set forth in Article 20.

Section 5: Call Back Hours

a. When an employee is called back to work other than scheduled working hours, the employee shall be paid a minimum of two (2) hours pay, in addition to one (1) hour travel time. The company reserves the right to assign work during the three (3) hour call back time if additional work requests are received prior to the employee departing the site. If the employee is called back a second time in the same work day, s/he will receive pay at a minimum of four (4) hours.

The Company reserves the right to assign work during the four-hour call back time if additional work requests are received prior to the employee departing the site. Employees will not be required to perform regular preventative maintenance (PM) beyond that necessary to complete the callback assignment. This provision excludes holdovers and early call-ins scheduled before the conclusion of the shift the preceding day.

b. If the call back occurs within three (3) hours of the beginning of the employee's regularly assigned shift, the employee shall only be paid for the time of the call back until the start of the regular shift.

Section 6: Emergency Facility Closings When facilities serviced by employees under this Agreement are closed due to severe weather conditions prior to commencement of the shift, only specified and notified emergency support employees are to report to work as directed and guaranteed a minimum of eight (8) hours pay.

Other employees volunteering to work on the stay behind crew during emergency facility closings must sign up on specified company roster at the beginning of the year in January or throughout the year if needed. If there are no volunteers for a specific event, then the Company will select which employee(s) will be part of the stay behind crew, regardless of seniority. All other employees will receive report to work instructions at the direction of the Company in line with the base closure guidance. An emergency support employee directed to report to work and unable to do so shall notify their immediate supervisor as soon as possible. Employees not part of the stay behind crew will be paid eight (8) hours a day while the base is closed.

Section 7: Designated On-Call Personnel

a. The Company will designate employees who will be required to carry and respond to electronic devices such as an on-call phone after normal working hours. Employees are required to respond to calls within twenty (20) minutes and are required to be on-site within one (1) hour of the initial call. If different times are required by the Government, the parties agree to make necessary adjustments.

b. Designated personnel will receive compensation as set forth in Article 20.

c. The on-call weekly schedule and the pay week will be one in the same. The on-call hours will begin at 4:00 pm on Friday and end the following Friday at 7:30 am.

ARTICLE 17 - NO STRIKE/NO LOCKOUT

a. It is hereby agreed by the Union and the Employer that the Union will not resort to strikes (which include stoppages or slow-downs of work) during the life of this Agreement. Accordingly, neither the Union nor the employees will investigate, promote, sponsor, engage in, honor, support or condone work stoppage or any intentional interruption of work during the life of this Agreement.

b. Any employee or employees engaged in the above-prohibited activities shall be subject to disciplinary action and/or discharge.

c. This Article is not intended to prohibit employees from honoring a primary picket line established at their work location and authorized by another union representing Company's employees, provided that the establishment or maintenance of said picket line is not a violation of any law, or of any contract to which said other union is a party.

d. During the term of this Agreement, the Employer shall not cause, permit or engage in any lockout of its employees.

ARTICLE 18 - GENERAL

Section 1: Health Physical Examinations In order to provide continuing health protection for the employees, it shall be the policy of the Employer that:

a. Upon initial employment, each employee at the Employer’s expense may be required to have a physical examination certifying that the individual is capable of carrying out his/her particular· assignment.

b. Employees may be required to submit to a physical or mental examination from a medical provider designated by the Employer at the Employer's expense, when a concern arises regarding the physical or mental ability of the employee to perform the duties of employment.

c. Employees will be required to have drug testing as outlined in the Drug-Free Workplace Policy.

Section 2: Quality Improvement Programs The IUOE Local 465 supports and encourages participation in the Employer's Quality Control programs which include:

• ISO Process Improvements

• Quality Control Planning

• Customer Satisfaction Program/Process

• Customer Complaint Program

• Business Improvement Planning

• Related Training

Section 3: Miscellaneous

a. The Union shall have the right to confer with management on heating, lighting and ventilation facilities, on eating, drinking and smoking facilities, and on sanitary and safety conditions.

b. In an effort to ensure equitability when filling temporary upgrades, shift assignments or specialized training, the Company will give due consideration to all factors including seniority within job classification, ability and contractual requirements.

c. No employee shall suffer a reduction in salary, adverse change in working conditions or the loss of any benefit now enjoyed by him/her, and it is agreed that this section is limited to the understanding that an employee, now enjoying a benefit greater than one expressly provided in this Agreement, shall continue to receive the benefit so enjoyed and not be reduced to such lesser benefit provided herein.

ARTICLE 19 - CATEGORIES AND CLASSIFICATIONS

Section 1: Employee Categories There are three (3) categories of employees covered by this Agreement:

1. Full-time employees who regularly work forty (40) hours per week and who are entitled to the provisions of Articles 20, 21, 22, and 23;

2. Part-time employees who regularly work less than forty (40) hours per week and who receive a prorated amount of the provisions of Articles 21 and 22; and

3. Inactive employees who are not entitled to the provisions of Article 21, 22,and 23, unless otherwise prescribed by law.

Section 2: Job Classifications

a. The parties hereto agree that the employees covered by this Agreement shall be considered engaged in the type of work and classification as set forth on Schedule A, attached hereto and made a part hereof by reference.

b. The Employer shall have the right to establish, evaluate, change and delete a job classification provided such action on the part of the Employer is not directed towards reducing the rate of a job in which no substantial change in the job itself has occurred. The Employer shall place into effect the new classification and pay rate as temporary. The Employer shall notify the Union in writing of any such job which has been placed into effect. The new classification and rate of pay shall be considered as temporary for a period of fifteen (15) calendar days following the date of written notification to the Union. During the fifteen (15) calendar day period, but not thereafter during the life of this Agreement, the Union may submit a written request to the Employer to negotiate the pay rate. In a case where the parties are unable to agree on the rate of pay, the issue may be resolved through the Grievance Procedure. The Company may establish a rate of pay until negotiations can be accomplished however the new rate of pay negotiated shall be retroactive to the establishment of the new job classification. When a new classification has been assigned a permanent rate of pay (either as a result of the Union not requesting negotiations for the temporary classification during the specified period of time, as a result of final negotiations, or upon resolving the matter through the Grievance Procedure) the new classification shall be added to and become a part of Schedule A of this Agreement.

c. The job descriptions, describe typical and normal requirements.

ARTICLE 20 - WAGES AND OTHER COMPENSATION

Section 1: Wages

a. Wage rates and their effective dates are set forth in Schedule A.

b. An employee who is temporarily assigned by the Employer to perform the duties of a job classification with a higher rate of pay shall be paid at the higher rate provided that the assignment is for a period of four (4) consecutive hours or more. An employee who is temporarily assigned by the Employer to perform the duties of a job classification with a lower rate of pay shall be paid his regular rate during such assignment.

Section 2: Overtime Compensation Employees will receive overtime compensation at time and one-half their regular rate of pay for hours worked in excess of forty (40) hours per workweek. For the purpose of determining overtime, all hours worked to include holidays as hours worked.

Section 3: Shift Differential

a. Employees regularly assigned to shifts, as defined in Article 16, will receive shift differential pay as follows:

1. Day shift (starting at 6 a.m. or later and before 12 noon) - none.

2. Afternoon shift (starting at 12 noon or later and before 5 p.m.) - $.50.

3. Night shift (starting 5 p.m. or later, and before 6 a.m.) - $.65.

4. Rotating shift (among day, afternoon and night, or any combination of two of the three shifts either within the same week or on a week-to-week basis) - $.65.

b. If an employee who regularly works the afternoon or night shift is assigned to work on any other shift for less than one week, the employee will retain the shift differential.

Section 4: Lead/Master License Pay Employees assigned to lead positions/master license shall receive an additional 10% per hour over the highest rate being paid in the job classification over which he/she is assigned.

Section 5: Compensation for Designated On-Call Personnel Employees who are designated as on-call personnel as defined in Article 16 shall receive additional pay at $14.75 per day. The call back provisions of Article 16 also apply.

Section 6: Davis Bacon Work If an employee is assigned work covered by the Davis-Bacon Act employees performing the work will receive wages and fringe benefits as prescribed by the collective bargaining agreement or the current Davis-Bacon wage determination applicable to the Beaufort MCAS project, whichever is higher.

Section 7: Pyramiding of Premiums There shall be no pyramiding of overtime, call back and premium pays.

ARTICLE 21- HOLIDAYS

a. Employees will receive their normal daily wages for the following holidays, even though no work is performed by the employee:

1. New Year's Day

2. Martin Luther King Jr.'s Birthday

3. Presidents Day

4. Memorial Day

5. Juneteenth

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans Day

10. Thanksgiving Day

11. Christmas Day

b. If a holiday falls within an employee's vacation period, the employee will record the day as a holiday on his timesheet and will not be charged with a day of vacation.

c. When a holiday falls on an employee's regularly scheduled day off, the employee will be allowed to observe the holiday on a scheduled work day within the same week (normally the employee's next scheduled work day). Should any holiday stated above occur on a Saturday or Sunday, the holiday will be observed under the same schedule observed by the installation.

d. To be entitled to holiday pay, the employee must be hired before the holiday and have paid time during the week in which the holiday occurs.

e. When an employee is required to perform work on a scheduled holiday, the employee will be paid double time (2x) for the hours worked in addition to receiving the holiday pay. The call back provisions of Article 16 will also apply.

f. Part time employees shall receive prorated holiday pay based upon hours worked in the previous workweek.

g. If the contracting officer recognizes another holiday, in addition to those noted above, that holiday will be added to the number of holidays provided to employees.

ARTICLE 22 – PERSONAL TIME OFF (PTO)

a. PTO is calculated on a contract year basis

b. Full time employees shall be entitled to accrue annual paid PTO beginning on the first day of employment and utilize that PTO after the 90 calendar day probationary period according to the following schedule.

c. During the first six (6) years of service, employees are eligible for one hundred thirty-six (136) hours paid PTO;

d. After six (6) years, employees are eligible for one hundred seventy-six (176) hours paid PTO;

e. After eleven (11) years, employees are eligible for two hundred sixteen (216) hours paid PTO.

Date In Service

PTO Pay Hours

Accrual rate per weekly pay period

First six (6) years

2.61 After six (6) years

3.38 After eleven (11) years

4.15

f. Upon termination, employees will be paid their accrued but unused PTO balance.

g. Employees should schedule PTO as far in advance as possible. All requests for PTO usage must be submitted to their immediate supervisor for approval and are at the discretion of management. If more than one person in an organization requests the same period of time for PTO, the senior employee will receive priority.

h. One (1) year PTO accrual may be carried over from year to year. Carry over not taken by the end of the next contract year will be forfeited.

i. PTO will not count towards the calculation for overtime.

j. Employees will have the ability to cash out, once a year, a portion of their accrued vacation as long as they leave a minimum of 40 hours in their account. Cash payments for vacation leave will not include health and welfare benefits.

ARTICLE 23 – BENEFITS

Full time employees shall be entitled to benefits as described in this Article. If an employee is in an inactive status, benefits will cease except as prescribed by law. Employees in an inactive status may elect to fund continued insurance(s) at their discretion.

Section 1: Bereavement Leave Upon notification to management, via phone call or leave request, employees shall be granted up to five (5) days of paid leave for a death in the immediate family and three (3) days for extended family, upon providing proof of death (letter from the physician, funeral home, or formal documented evidence). The immediate family shall include employee's spouse, children, parents, stepparents, parents-in-law, brothers, sisters and grandparents. Bereavement leave may also be used in the event of the death of an ex- spouse when a minor child is involved (under the age of 18). Extended family includes brothers/sisters in-law, sons/daughters in-law, spousal grandparents, aunts and uncles.

Additional unpaid time may be granted for necessary time to travel to distant states…