J-3.4 RVA-PATCO Collective Barganing Agreement.pdf

Master

COLLECTIVE BARGAINING AGREEMENT

Between

Professional Air Traffic Controllers Organization, Inc.

(PATCO, Inc.)

And

ROBINSON Aviation, (RVA), Inc. /Subcontractor(s)

August 26, 2017

PATCO INC/RVA/SUBCONTRACTOR COLLECTIVE BARGAINING

AGREEMENT

ARTICLE TITLE PAGE NUMBER

Article 1 - Parties to the Agreement

Article 2 - Union Recognition Rights

Article 3 - Employer Rights

Article 4 - Employee Rights

Article 5 - Dues Check Off

Article 6 - Union Representation

Article 7 - Changes in Agreement and Past Practices

Article 8 - Disciplinary and/or Adverse Action

Article 9 - Dispute Settlement Procedures

Article 10 -Union Publications and Use of Employer’s Facilities

Article 11 -Probationary Period

Article 12 -Seniority

Article 13 -Watch Schedule and Shift Assignments

Article 14 -Voluntary Changes in Shift and Regular Days Off

Article 15 -Position Rotation

Article 16 -Wages, Hours and Compensation

Article 17 -Sick Leave/Health and Welfare

Article 18 -Retirement Program

Article 19 -Vacation Pay/Leave

Article 20 -Holiday Pay

Article 21 -Position Description

Article 22 -Dress Code

Article 23 -Immunity & Indemnification

Article 24 -Substance Testing

Article 25 - Court/Special or Emergency Leave ................................................................... …... …15

Article 26 - Layoff and Recall ............................................................................................... ………15

Article 27 - Medical .............................................................................................................. ………17

Article 28 - Hardship Transfers ............................................................................................ ………18

Article 29 - Vacancies ........................................................................................................... ………20

Article 30 - Employee Recertification ................................................................................... ………21

Article 31 - ATC Facility Evaluations ................................................................................... ………21

Article 32 - Personal Property ............................................................................................... ………22

Article 33 - Official Personnel File ....................................................................................... ………22

Article 34 - Smoke Free Facilities ......................................................................................... ………22

Article 35 - Critical Incident Stress Debriefing ..................................................................... ………22

Article 36 - Air Safety .......................................................................................................... ………23

Article 37 - Controller Performance ..................................................................................... ………23

Article 38 - Voluntary Recognition ...................................................................................... ………23

Article 39 - Voluntary Leave Transfer Program (VLTP) ...................................................... ………24

Article 40 - Reopener ............................................................................................................ ………24

Article 41 - Printing of the Agreement……………………………………………………………...25

Article 42 –Duration………………………………………………………………………………...25

Appendix I ............................................................................................................................. ………27

Appendix II ............................................................................................................................ ………28

Appendix III ...................................................................................................................... ………29

Appendix IV - Job Share MOU …………………………………………………..……………….. 30

Appendix V - ASAP MOU …………………… ………………………………………………….33

ARTICLE 1

PARTIES TO THE AGREEMENT

This Master Agreement is made between the Professional Air Traffic Controllers Organization, Inc, (hereinafter referred to as PATCO Inc. or the Union) and Robinson Aviation Inc., (RVA) and any subcontractors including CI 2 Aviation, Inc. (hereinafter referred to as the Employer). PATCO Inc.

and the Employer are herein referred to collectively as “the Parties”.

ARTICLE 2

UNION RECOGNITION RIGHTS

Section 1. The Employer recognizes PATCO Inc. as the exclusive representative for each certified single bargaining unit(s), as certified by the National Labor Relations Board, of the air traffic control specialist employed at the air traffic control towers identified in Appendix I of this Master Agreement pursuant to the Section 9(a) of the National Labor Relation Act. If PATCO Inc. is certified as the exclusive bargaining representative for an additional facility or facilities, such facility or facilities shall automatically be covered by the provisions of this Master Agreement unless in conflict with applicable law.

Section 2. PATCO Inc. shall designate one principal Union facility representative at each facility.

The name of the facility representative shall be submitted in writing to the ATM. The ATM shall be notified in writing within 10 days of any changes in the facility representative. In addition, the right of this principal facility representative to assign in writing a designee in his absence will be accepted by the Employer. The employer hereby recognizes and agrees to work with the PATCO Inc. facility representative on matters contained in this agreement.

Section 3. The PATCO Inc. Designated Facility Representative, staffing permitting, may be allowed up to thirty (30) minutes in the facility for orientation of new facility employees to explain the role and responsibilities of the Union. Management may schedule this time as part of the new employee’s processing into the facility.

Section 4. PATCO Inc. shall retain and be guaranteed all rights as per the United States Constitution, State or Commonwealth and any and all Federal Laws that are applicable.

Section 5. The Employer and or designees at the corporate level in the spirit of cooperation; hereby agree to meet with PATCO Inc. national officers and or designees at mutually agreeable times and locations.

Section 6. Upon advance notification to the Air Traffic Manager, subject to imposed security restrictions, the Union National President will be permitted to visit facilities where PATCO Inc. is the exclusive representative of the controller personnel.

Section 7. The Employer will annually provide an updated list of the names and address of bargaining unit employees at all PATCO Inc. represented facilities upon request of the Union.

ARTICLE 3

EMPLOYER RIGHTS

Section 1. Subject to the terms of this Agreement, The Parties recognize that the management of the Company, the control and regulation of the use of all business equipment and property, the direction of the workforce, the formulation and enforcement of rules related to the conduct of the business, and the determination of all services, processes and standards required by a contractual customer are vested exclusively with the Company. The Union further recognizes the rights of the Employer to operate its company and to manage its operations and to plan, direct, and control the policies and conditions of employment of its employees.

Section 2. The Employer Rights described in Section I include, but are not limited to, such items as:

(1) The ability to determine the mission, budget, organizational structure, number of employees, and internal security and administrative practices.

(2) To hire, discipline, suspend or discharge, promote, lay off and take actions necessary to maintain the efficiency of the operation.

(3) To assign work and determine the personnel by which the company operations will be conducted;

(4) With respect to filling positions, to make selections among qualified candidates, or any other source;

(5) To take whatever actions may be necessary to carry out the company mission.

(6) To determine the basic watch schedule, shift assignments, changes and/or adjustments in any schedule, to fill or not fill any shift and as needed assign employees on a temporary basis;

(7) To determine any and all services, processes and standards required by a contractual customer;

(8) To determine the number of employees it shall employ, establish new jobs, abolish and/or change existing jobs, employees and working hours.

ARTICLE 4

EMPLOYEE RIGHTS

Section 1. Employees shall have the protection of all rights as guaranteed by the United States Constitution, State or Commonwealth and any or all Federal Laws.

Section 2. All employees of the bargaining unit shall have the right, freely and without fear of penalty or reprisal, to form, join, and assist the Union, and each employee shall be protected in the exercise of this right.

Section 3. In any investigation of an administrative nature conducted by the Employer the employee who is the subject of said investigation shall have the right to a Union representative if available while being questioned. If the union representative is unable to be physically present during such meetings, listening via teleconferencing may be permitted if the employee so desires.

Section 4. An employee’s off the job conduct shall not result in disciplinary action, unless such conduct hampers his/her effectiveness to perform the duties as an Air Traffic Controller or affects the public’s confidence in the air traffic control profession, the FAA or the Employer and/or other customers of the Employer.

Section 5. No employee shall have disciplinary action taken against them because of an occasional debt complaint, and the Employer shall not assist the creditor in collecting the debt without a court order so stating or as otherwise required by law.

Section 6. Facility non-work areas are defined as an area which is not an operational air traffic control position or in proximity to distract from the personnel or functions of an air traffic control position and are so designated by the Manager; but shall never be at or near a position or associate position of operation. The Manager may permit limited use of personal property such as radios, televisions, electronic devices, magazines and publications in non-work areas designated by the Facility Manager for use at non-work times. Under no conditions will televisions be allowed in the tower cab. Personal cellular telephones, pagers or other communications devices shall be powered off while in the tower cab and other operational areas. While assigned to a position of operation, personnel are prohibited from reading/observing any material except for operational information that is necessary for the operation of the position. In no case is pornographic material; written, visual or audible, allowed in any area of the facility. Personnel use of operational equipment including operational or administrative computers is prohibited. If it is found that an employee has violated the provisions of this Section 6 of Article 4, the employer may take any appropriate action including discharge and the employee shall have no recourse through the grievance and arbitration provisions of this agreement.

Section 7. The employer shall not be held responsible where removal from service or termination of a bargaining unit employee is a result of action for just cause required by the FAA or the entity with which the Employer contracts for the provision of air traffic control services where the union is the exclusive bargaining agent of the employees. The parties recognize that the decision of removal or termination for just cause is within the discretion of the FAA or other contracting entity.

ARTICLE 5

DUES CHECK-OFF

Section 1. The Employer agrees to deduct Union dues from an employee’s wages uniformly and lawfully levied by PATCO Inc. and to remit same to PATCO Inc. on a monthly basis, to the address designated by the Union, not later than the end of the month following the month in which they are withheld, provided that the employee executes the dues signed withholding form provided by the Union.

There shall be no charge for this service.

Section 2. All deductions of dues provided for in this Agreement shall be automatically terminated upon separation of an employee from the bargaining unit.

ARTICLE 6

UNION REPRESENTATION

Section 1. When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary, or potential disciplinary situation, the employee shall be notified of the subject matter in advance.

Section 2. If requested by the employee under section 1, teleconferencing shall be allowed if the Union is unable to be physically present at any such meetings.

ARTICLE 7

CHANGES IN AGREEMENT AND PAST PRACTICES

Section 1. It is mutually understood that there is no desire on the part of the Union to dictate the business policies of the Employer. However, in the spirit of cooperation, whenever the Employer at the corporate level contemplates a change in policy affecting the terms and working conditions of bargaining unit employees, the Employer at the corporate level shall notify the Union at the national level reasonably in advance and, if requested by the Union, enter into negotiations over the proposed change in accordance with the National Labor Relations Act as amended.

Section 2. Upon the effective date of this Agreement, all past practices, any and all memoranda of agreement or understanding, or written or oral agreements whether formal or informal, with the exception of the Job Share and FAA Contract Tower Aviation Safety Action Program (ASAP) MOUs, shall have no force or effect and shall not be binding on the Parties in any respect.

ARTICLE 8

DISCIPLINARY AND/OR ADVERSE ACTION

Section 1. This Article covers actions involving written admonishments, written reprimands, suspensions, removals, and/or reductions in pay.

Section 2. An employee may not be discharged, suspended, or otherwise disciplined, nor entries made against the employee’s service record without just cause, except as provided for by Article 10, Section 2 of this Agreement. Disciplinary actions should be determined on the merits of each individual case. Normally disciplinary action taken by the Employer will be progressive, corrective, and remedial in nature so as to address specific conduct. Examples of, but not limited to, exceptions to progressive disciplinary action are; where the employee physically threatens other persons, stealing, refusal to comply with instructions, directives or policies, falsifying documents, a threat to the air traffic system or action/s by the employee that effects the FAA or public’s confidence in the employer. The Employer shall consider whether the problem can be resolved through such corrective action as closer supervision, admonishments, or oral reprimand, prior to initiating formal disciplinary action.

Section 3. No employee shall be disciplined to the extent of loss of pay or discharged without being advised in writing of the precise charge, or charges, preferred against the employee leading to such action. This notice shall be presented directly to the employee within ten days from the time the Employer may have reasonably expected to have learned of the event upon which such charge, or charges, is based.

Section 4. An employee against whom action is taken under this Article and their Union representative shall have the right to review all of the information relied upon by the Employer to support the action and shall be given a copy upon request.

Section 5. Letters of confirmation of discussion shall not be considered disciplinary in nature, but may be used to document future disciplinary actions, provided the employee has been given a copy upon completion. The letters of confirmation of discussion shall be completed as soon as practicable after the event.

Section 6. Records of disciplinary action will normally be expunged from the employee’s service record not later than three years from the date of the action, but not later than 30 days after the three year anniversary of the disciplinary action.

ARTICLE 9

DISPUTE SETTLEMENT AGREEMENT PROCEDURES

Section 1. The Parties recognize that the traditional methods of disputes are not always the most efficient. The Parties also recognize that early, open exchange regarding any complaint/concern at the earliest stages reduces the use of more cumbersome, adversarial dispute resolution procedures.

Therefore, the Parties agree to use informal problem solving when possible incorporating the provisions of this section before resorting to a formal grievance procedure. The following procedure shall apply to informal problem solving:

(a) When a complaint / problem / concern arises, the employee, Union or Employer may notify the other affected Party of the complaint, problem or concern within ten (10) days of the event or discovery of the event giving rise to the complaint / problem / concern and try and resolve the issue informally by mutual agreement. A meeting shall be held as soon as practicable but no later than ten (10) days. Those in attendance will include the affected employee the Union Facility Representative and the Facility Manager or, if the Facility Manager so desires, the Employer’s Area Manager and/or designee.

(b) Any agreed to resolution shall fully resolve the complaint/problem/concern if it does not conflict with the provisions of this Master Agreement.

(c) In the event the Parties are unable to resolve the issue within ten (10) days of the meeting the employee or the Union may grieve the issue in accordance Section 2 of this Article.

Section 2. A grievance is defined as a complaint by a unit employee or the Union concerning a claimed violation of this Agreement. This procedure does not cover any other matters for which statutory appeals procedures exist. Any employee, group of employees, or the Union may file a grievance under this procedure. The Parties shall cooperate to resolve grievances at the earliest possible time and at the lowest possible supervisory level. The right of individual presentation does not include the right of taking any matter to arbitration unless the Union agrees to do so.

Employees shall have the right to be assisted by the Union in the presentation of grievances. Any employee or group of employees covered by this agreement may present grievances and have them adjusted, without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of the agreement and the Union has been given an opportunity to be present and given a copy of the grievance and the adjustment.

Section 3. Grievances filed by an Employee/s at the facility level.

Step 1. An aggrieved employee or the Union shall submit a grievance, in writing, to the Facility Manager within ten (10) days of the event giving rise to the grievance or within ten days of the time the employee may have been reasonably expected to have learned of the event. The grievance shall be submitted on the standard grievance form and shall contain the name of the grievant, the alleged violation, the corrective action desired, the name of the Union Representative and whether the employee wishes to make an oral presentation. Failure to provide all of the information listed above will result in the grievance being returned for completion. The time limit will continue to run during the period the grievance is returned. If requested, the Facility Manager shall, prior to making a decision, afford the employee and/or the Union Representative an opportunity to present the grievance orally. The employee and his Union representative shall be given a reasonable amount of official time to present the grievance if they are otherwise in a duty status. The Facility Manager shall deliver the decision to the employee or the Union Representative as appropriate within twenty (20) days following receipt of the written grievance or within twenty (20) days following the presentation, whichever is later. The decision shall be delivered either by mail, return receipt requested, or personally delivered.

Step 2. If the employee and/or the Union is not satisfied with the decision rendered in Step 1, the Union may within ten (10) days following receipt of the decision, advise the appropriate Area Manager that it wishes the matter to be reviewed. Review request to the Area Manager shall be submitted by the Employee or Union, in writing, and shall include copies of the original written grievance and the decision of the Manager. The Union will be notified, within fifteen (15) days of the Area Manager decision. If the grievance is denied, the reason(s) for denial will be in the written response.

Step 3. If the employee and/or Union is not satisfied with the decision, the Union may within ten

(10) days following receipt of the decision or the day after the answer was due, advise the President or his/her designee at the Corporate level of the Employer, of notice to appeal the matter. Appeals to the President/designee shall be submitted by the Union, in writing, and shall include copies of the original written grievance, Manager's decision, and the decision of the Area Manager. If the Union so requests, a meeting with the President/designee shall take place within fifteen (15) days following receipt of the appeal. The President/designee shall within fifteen (15) days of the Union notice to appeal or within fifteen (15) days after a request for a meeting was requested, shall deliver to the Union the Employers final written decision.

Step 4. If the Union is not satisfied with the decision of the President/designee of the Employer, the Union may within ten (10) days, notify the President that it desires the matter be submitted to arbitration. Within fifteen (15) days after receipt of the request, an arbitrator shall be selected from the panel by the Parties by alternately striking names until one remains with the choice of first strike determined by the flip of a coin or as otherwise mutually agreed. The arbitrator’s fees and expenses of arbitration shall be shall be borne equally by the Parties. If a verbatim transcript of the hearing is made and either Party desires a copy of said transcript, the Party will bear the expenses of the copy or copies they obtain. The parties shall share equally the cost of the transcript, if any, that is supplied to the arbitrator.

a) The arbitrator shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine other issues not so submitted to him. In disciplinary cases, the arbitrator may vary the penalty to conform to his decision.

b) No arbitrator shall have authority to alter, amend or modify the language of this Agreement or to change any existing wage rate or benefit provision of this Agreement. The arbitrator shall have no authority to award the costs and expenses of either Party to the other.

c) The decision of the arbitrator is final and binding on all facilities where PATCO, Inc. is the exclusive bargaining representative.

d) Failure of a grievant to proceed with a grievance within any of the time limits specified in this Article shall render the grievance void or settled on the basis of the last decision given by the Employer, unless an extension of time limits been agreed upon.

e) Failure of the Employer to render a decision within any of the time limits specified in this Article shall entitle the grievant and or the Union to progress the grievance to the next step without a decision.

Section 4. The parties may mutually agree to mediation through the FMCS prior to arbitration in an attempt to resolve grievances.

ARTICLE 10

UNION PUBLICATIONS AND USE OF EMPLOYER’S FACILITIES

Section 1. The Manager will provide the necessary space to the extent available, in a non-work area, for a Union furnished bulletin board for the posting of Union materials. The content of publications or announcements placed on the Union's bulletin board shall not be restricted, censored, altered, or removed by the Manager. The parties recognize that the posting of scurrilous and inflammatory material is prohibited. Materials shall be posted during non-work time.

Section 2. The Manager may permit the Union to send and receive mail through the facility's address and mailbox. Mail sent by the Union shall be at the Union's expense. The Manager assumes no responsibility for delivery of Union mail. The Union may place materials in the employee's mail slots/boxes if available in the facility.

Section 3. The Union may be authorized to conduct Union business or meetings at the facilities in an area if available, designated by the ATM as a non work area. Union business or meetings shall not be permitted or conducted in the Tower Cab. Meetings shall occur during periods in which an employee is in a non-pay status.

Section 4. The Union may be authorized to conduct Union business or meetings at the facilities in an area if available, designated by the ATM as a nonwork area. The Tower Cab shall not be permitted for Union business or meetings. Meetings shall occur during periods in which an employee is in a non-pay status.

ARTICLE 11

PROBATIONARY PERIOD

New employees shall be considered probationary for a period of ninety (90) days from the date of hire. During such probationary period an employee may be terminated at the discretion of the Company and shall not have access to the grievance and arbitration procedures as defined by this Agreement.

ARTICLE 12

SENIORITY

Section 1. Company Seniority is defined as the length of continuous service with a Federal Contract Tower (hereinafter, “FCT”) employer commencing from the earliest date of hire with an FCT employer. In the event that two or more employees share the identical hire date, seniority shall be determined by lottery

Section 2. Any employee covered by this Agreement who experiences a break in service shall lose all seniority rights accrued to the date he or she leaves the service of the Company. If such employee is later re-employed by the company, seniority shall begin on the day of the re-hire. A break in service occurs when the bargaining unit employee:

a. Resigns employment from the Company;

b. Is terminated for cause; or

c. Is on layoff for two (2) years or more.

Section 3. Facility Seniority is defined as the length of continuous service with the employer and its immediate FCT predecessor at their current facility and shall be the determining factor in the selection of vacation, days off, watch schedule and holidays, among bargaining unit employees.

Section 4. PATCO Inc. bargaining unit seniority is defined as the total length of time recognized by the NLRB.

Section 5. Any employee covered by this Agreement who accepts a corporate position (e.g., Area Manager) outside the bargaining unit shall not accrue bargaining unit seniority while occupying such position.

ARTICLE 13

WATCH SCHEDULE AND SHIFT ASSIGNMENTS

Section 1. Basic watch schedule is defined as the days in the week, hours of the days, rotation of shifts and changes in regular days off. Assignments of individual employees to the watch schedule are not considered changes in the basic watch schedule. The basic watch schedule may be changed by the employer to meet operational needs. In developing or changing the basic watch schedule, the facility Manager will consider ideas and recommendations that may be presented by the local Union Representative.

Section 2. Assignments to the watch schedule will normally be posted Thirty (30) days in advance or for a longer period where conditions permit. The Employer recognizes that changes of individual assignments to the watch schedule are undesirable, and therefore, the Employer will make reasonable efforts to avoid such changes. When it is necessary to change an employee’s posted shift assignment, the Employer will to the extent feasible, use the following alternatives prior to making the change:

a) Employer qualified supervisors, administrative workload permitting

b) Mutual swaps between bargaining unit employees

In the event the above alternatives are found not to be feasible, the employee’s shift assignment may be changed.

Section 3. The basic watch schedule will normally be projected and posted at least six months in advance.

ARTICLE 14

VOLUNTARY CHANGES IN SHIFT AND REGULAR DAYS OFF

The Air Traffic Manager shall approve the exchange of shifts and or days off by employees of equal qualifications provided the exchange is consistent with the operational needs of the facility and does not result in overtime, violation of the basic workweek or applicable laws or directives. Such exchange request will be submitted in writing to the ATM three days in advance and will be approved or disapproved as soon as possible.

ARTICLE 15

POSITION ROTATION

Section 1. Staffing permitting employees will not be required to work an air traffic control operational position for more than two consecutive hours without a break.

Section 2. Staffing permitting employees will be provided a 30-minute uninterrupted meal break.

Employees shall be immediately available for operational duties when on breaks or meal breaks when required by operational demands.

ARTICLE 16

WAGES, HOURS AND COMPENSATION

Section 1. Employees shall receive a three percent (3%) wage increase each year of this agreement concurrent with the exercise of each option year on the FAA Contract Tower Program Contract.

Section 2. Workweeks shall be predicated upon traffic demands and seasonal adjustments. The parties recognize it is desirable for full time employees to work up to forty (40) hours a week;

however, there is no guarantee of the number of hours of work per week for employees.

Section 3. Bargaining unit employees who work between the hours of six o’clock pm and six o’clock am shall receive 1.1 times the employee’s hourly rate of pay for each hour worked after six o’clock pm and before six o’clock am.

Section 4. All hours worked on Sunday shall be paid at the employee’s rate of basic pay plus a Sunday premium of twenty-five percent (25%) of the employee’s basic rate for each hour of Sunday work.

Section 5. In a facility where there is no Assistant Manager and the Manager is absent for five work days or more, a qualified member of the bargaining unit may be required to serve as the Acting Manager and will be paid an additional $1.00 an hour while on this assignment.

Section 6. Each employee shall receive a statement of earnings and deductions for all pay periods.

Information to be contained on the statement shall include pay period ending date, hours worked, differential, overtime, vacation leave total to date, gross and net pay, number of hours worked during current pay period with applicable deductions.

Section 7. Employees who are required to train or provide on-the-job training to trainee Air Traffic Control Specialist shall receive 1.1 times the employee's hourly rate for each hour training is provided while signed on an operational position.

Section 8. With the exception of Section 4 of this Article and employees participating in Job Share, employees shall be considered full-time when they are scheduled to work for an average of forty (40) hours or more per week in a 12-month period.

Section 9. In addition to all entitled differentials, an employee will be paid for overtime worked at one and one-half (1½) times their basic hourly rate for all hours worked in excess of forty (40) hours in one week, based on a Sunday through Saturday time period.

ARTICLE 17

SICK LEAVE/HEALTH AND WELFARE

Section 1. The employer agrees to pay each employee $4.41 per hour for all hours paid in health and welfare benefit monies effective the first full pay period after the beginning of RVA’s 2017 FCT Contract year. The parties agree to review the health and welfare rate thereafter to determine what changes, if any, are appropriate for the rate that will be effective the first full pay period after the beginning of RVA’s upcoming FCT Contract year. Such review must occur and agreement must be reached between the parties during the period within ninety (90) days prior to the beginning of the RVA’s FCT Contract year for any health and welfare rate changes to be effective the at the beginning of RVA’s FCT Contract year.

Section 2. The Employer will normally make available medical, dental and life insurance plans in which eligible bargaining unit employees may participate. The parties agree that the ability of the Employer to make available such plans, and the contents of such plans, may be limited based on the number of personnel participating. It is further agreed that changes in the insurance market may from time to time necessitate changing insurance carriers, and that premium rates for offered insurance plans may change with present or new providers. The parties agree that such changes are beyond the control of the Employer and the Employer is not obligated to bargain any changes that may be imposed by such events. Employee participation in available medical, dental and life insurance plans is voluntary. All costs associated with participation in the plans, including premiums, out of pocket costs, or any other associated expenses shall be borne in full by participating employees.

Section 3. An employee will have the option to allot excess Health and Welfare monies for the purpose of creating a leave bank for use in case of illness or other purposes. This bank shall not exceed eighty (80) hours. Banked leave balances from this source shall be paid out when the employee terminates employment with RVA for any reason or upon notice to RVA during the annual election period that he/she no longer wishes to participate in the leave bank program. Any such payments cannot be rolled over into the Employee’s 401(k) Plan.

Section 4. The Employer will provide from Employer funds four (4) hours of sick leave each calendar month until a maximum of forty (40) hours has been accrued. Unused sick leave from this source may not be cashed in or paid out, and may be utilized only after an employee has been on approved sick leave for five (5) consecutive days. This is a one-time accrual and any employee that has previously taken any or all of the Employer provided sick leave is not entitled to additional Employer provided sick leave.

ARTICLE 18

RETIREMENT PROGRAM

Section 1. The Employer hereby agrees to establish an IRS 401 (k) account for all bargaining unit employees who have worked for the employer for at least one year. Employee participation and contribution to this plan shall be voluntary on the employees of the unit.

Section 2. To the extent permitted by applicable law, an employee may contribute any excess benefit monies to the 401K retirement account, unless otherwise required beyond the employer’s control.

ARTICLE 19

VACATION PAY/ LEAVE

Section 1. Length of paid vacation is stated by facility in Appendix II of this agreement. Employees are entitled to vacation leave with pay as follows:

a. two (2) weeks per year after one (1) year of service;

b. three (3) weeks per year after five (5) years of service.

c. four (4) weeks per year after fifteen (15) years of service.

d. five (5) weeks per year after twenty (20) years of service

Section 2. Employees may take any portion of their vacation leave, in six (6) minute increments after coordination with and approval by the Air Traffic Manager. The Manager will normally honor an employee's request for vacation leave with due consideration to the requirements of maintaining air traffic control services. When more than one equally qualified controller requests the same vacation leave, and when the Manager is not able to grant all of the request, the employee with the greater seniority with the Employer shall have the first opportunity to take vacation.

Section 3. Employees may annually carry over up to 80/40 hours of vacation leave however, the maximum total amount of annual leave shall not exceed 200 hours. During the pay period immediately following each employee’s annual anniversary date of employment, any vested vacation leave hours in excess of the carryover limit will be cashed out and paid to the employee.

Example 1: Employees with 5 years of company seniority receive an annual vacation block of 120 hours. They will be permitted to carryover a maximum of 80 hours in addition to their current anniversary date allotment of 120 hours, for a total of 200 hours.

Example 2: Employees with 15 years of company seniority receive an annual vacation block of 160 hours. They will be permitted to carryover a maximum of 40 hours in addition to their current anniversary date allotment of 160 hours, for a total of 200 hours.

Section 4. In the event the employee retires, quits or is removed from service by the Employer, that employee shall be paid all unused vested vacation hours at the current rate, less applicable deductions, garnishments and liens, if any.

ARTICLE 20

HOLIDAY PAY

Section 1. Holidays are applicable for all employees.

Section 2. All bargaining unit employees will receive holiday pay based on the greater of the following:

a. Employees working less than full-time will receive Holiday Pay on the holiday on a pro-rated basis.

b. Full-time employees will receive (8) eight hours Holiday Pay.

c. Regardless of classification, all employees who work on the holiday will receive holiday pay equivalent to the number of hours worked, not to exceed a maximum of (10) ten hours Holiday Pay in lieu of items 1 and 2 above.

Section 3. If a holiday falls on a full-time employee's regular day off, the employee shall receive eight (8) hours of holiday pay for that day.

Section 4. If a holiday falls during a full-time employee's scheduled vacation, the employee shall receive eight (8) hours of holiday pay for that day in lieu of vacation.

Section 5. If a full-time employee elects to take time off for a holiday, they will be paid for eight (8) hours of holiday time off.

Section 6. Subject to operational needs and requirements, personnel that are not fully certified on all ATC positions will normally be scheduled for holiday leave on the holiday.

ARTICLE 21

POSITION DESCRIPTION

Section 1. The Employer shall provide each bargaining unit employee a position description that accurately reflects the duties of the employee’s position. Position descriptions shall be uniform throughout the Employer’s facilities where bargaining unit employees are employed unless there are requirements that are unique to a particular facility(s).

Section 2. The Employer will provide each employee a copy of the position description and any changes thereto.

Section 3. It is understood that Air Traffic Controllers duties include a multitude of functions and certifications in addition to applying required separation standards between aircraft, i.e., performing aviation weather observations and reporting, providing pilots with information such as airport/runway conditions, operating status of navigational aids and observed malfunctioning of aircraft.

Section 4. Air Traffic Controllers shall not be required to perform non-ATC duties, i.e. updating directives, manuals, training records, etc., while assigned the responsibilities of an ATC position operation.

ARTICLE 22

DRESS CODE

Members of the bargaining unit shall groom and attire themselves in a neat, clean professional manner. The display of and wearing of union logo lapel buttons is permitted. Ragged attire is not considered professional and appropriate. Neckties shall not be required.

ARTICLE 23

IMMUNITY & INDEMNIFICATION

Section 1. Employer Responsibility-Comprehensive general liability insurance is provided at no cost to the employee, such that, if named as a defendant, an employee shall be protected against personal liability for damages, loss of property, or death arising from the performance of the employee’s official duties or when acting within the scope of employment as provided for in the plan and the limits of liability contained therein.

Section 2. Employer Rights-The Employer will not indemnify any employee against a judgment for:

punitive damages; compensatory damages that do not arise within the course and scope of the affected employee's employment with the Employer; compensatory damages occasioned by the employee acting in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property; or any relief arising out of the employee's intentional violation of the civil, statutory, or constitutional rights of any person.

ARTICLE 24

SUBSTANCE TESTING

Section 1. Bargaining unit employees will be subject to substance testing in accordance with Department of Transportation (DOT) and Federal Aviation Administration (FAA) regulations.

Section 2. Any employee in a safety sensitive position (air traffic controller) who tests positive, in accordance with the provisions and process contained in the Code of Federal Regulations, for drugs or positive alcohol test results (0.04 or greater) will immediately be removed from his/her safety related duties and terminated from employment with RVA/Subcontractor and shall not have access to the grievance and arbitration procedures as defined by this Agreement pertaining to this termination.

ARTICLE 25

SPECIAL OR EMERGENCY LEAVE

Section 1. Employees will receive paid time off during periods of emergencies which officially close the Employer’s facility. Payment for this time off is subject to the approval of the FAA contracting officer.

Section 2. The Facility Manager, subject to approval of the area Manager, may grant an employee a short period of Leave Without Pay (LWOP) not to exceed ten (10) days in a calendar year. Absent extenuating circumstances employees requesting paid leave shall take precedence over another employee’s request for LWOP. LWOP for military leave is an exception and may be approved up to 15 days in a calendar year.

Section 3. The Employer shall provide Federal Family and Medical Leave Act (FMLA) leave consistent with applicable law.

Section 4. Employees will be permitted to use accrued annual and/or banked leave for bereavement leave, jury duty, court appearances and other such special circumstance

ARTICLE 26

LAYOFF AND RECALL

Section 1. In the event of a layoff, employees at the affected facility shall be laid off in reverse order of seniority. Affected employees will receive notification no less than fourteen (14) days prior to the effective date of the layoff. RVA shall ensure receipt of written layoff notices by each employee through personal delivery of the notices to each affected employee or via certified mail return receipt requested. A list of all current vacancies shall be attached to the employees’ layoff notices. The Company shall provide copies of all layoff notices and vacancies to the Union at least 48 hours in advance of delivering such notices to employees.

Section 2. An employee affected by a layoff will have the following options:

a. Accept an offer of employment at another of the Employer’s facilities where a vacancy exists.

b. Be placed in a layoff status.

Section 3. Employees in layoff status shall retain their seniority and recall rights to controller positions that become available prior to granting transfer requests or hiring new employees. Recall rights will be based on their seniority as of the date of their layoff and will remain in effect for a period of two (2) years. Any employees recalled under this Agreement shall not be considered to have had a break in service and shall retain their seniority accrued as of the date of their layoff.

Employment outside of RVA after a layoff shall have no effect on the employees’ recall rights and seniority at RVA.

Section 4. RVA shall maintain a Recall List of all laid off employees. The Recall List shall include the name of the laid off employee, his/her address, email, and telephone number(s). A laid off employee shall be placed on the Recall List for two (2) years following the layoff. RVA shall email and mail a copy of the Recall List to and the President of PATCO Inc., within seventy-two (72) hours of the layoff. Should the Recall List be modified in any way, RVA shall provide a copy of the modified list to PATCO Inc. within twenty-four (24) hours of the modification.

Section 5. Employees shall have five (5) business days from receipt of the layoff notice and attached vacancy list to request vacant positions. If an employee requests multiple vacancies, he or she shall rank the vacancies in order of preference. The Company shall offer vacant positions to employees based on seniority and the employee’s order of preference. Employees will normally be provided fourteen (14) days to accept or decline an offered vacancy; however, in those cases where the Company cannot, due to operational needs, provide fourteen (14) days, a minimum of seven (7) days will be provided to the employee. The employee shall indicate acceptance of a vacant position through facsimile, email, or certified mail to the Company.

Section 6. As new vacancies become available, laid off employees on the Recall List shall be offered such vacancies in seniority order prior to the Company granting transfer requests or hiring new employees. RVA shall notify the Unions of any new vacancies as they become available. RVA shall utilize the same procedures for notification, offer, and acceptance of vacant positions as outlined in this Agreement.

Section 7. An employee’s recall rights shall not be affected in the event that the employee declines an offered position at a facility other than the one from which originally laid off.

Section 8. All employees who are laid off shall be entitled, to cash in all vested vacation, both unused annual and banked leave, at their current rate of pay, all funds associated with a 401(k) or other such retirement accounts. Additionally, the employee will receive all excess funds in the laid off employee’s Health and Welfare Benefits account after advances and benefit costs have been reconciled.

Section 9. Employees shall be responsible for providing the Company with their current home address, email address and telephone number(s). The Company point of contact for the provision of data under this section shall be the Air Traffic Manager.

Section 10. RVA shall not contest unemployment insurance benefit claims filed by laid off employees. RVA shall provide any documentation, information, and testimony requested by a laid off employee to support a claim for unemployment insurance benefits.

Section 11. As part of the recall process, if an employee is required to undergo a 2nd class medical/physical examination to obtain or maintain their 2nd class medical certificate, RVA shall pay all costs associated with such examination.

ARTICLE 27

MEDICAL

Section 1. Annual 2nd class physical examinations are required for all employees as a condition of initial and continued employment pursuant to FAA rules and regulations. All ATCS employees shall have a current 2nd class medical certificate in their possession while performing actual ATCS duties.

Section 2. The Air Traffic Manager shall immediately be notified by any employee if their 2nd class medical certificate has been:

• revoked;

• rescinded;

• suspended;

• is otherwise no longer current and/or valid;

• during any period of known physical deficiency that would make the employee unable to meet the physical requirements for a current medical certificate;

• any time an employee is taking a medication that has not been approved by the FAA

Flight Surgeon or his/her staff;

• any time that an FAA-authorized physician determines an employee’s 2nd class medical should not be renewed; or

• if the employee has been requested to voluntarily return their 2nd class medical certificate to the FAA.

Employees shall not assume a control position without receiving approval to work if any of the above conditions exist regarding the validity of their 2nd class medical certificate.

Section 3. Employees who are unable to maintain a valid 2nd class medical certificate, or perform the duties required of an ATCS due to medical limitations, shall be placed in a layoff status for up to twelve (12) months. The employee will provide the Employer, via Certified Mail, a copy of the current 2nd class medical certificate once it is regained. 2nd class physical examinations are only authorized by a certified Aviation Medical Examiner (hereinafter, “AME”). Upon receipt of the employees 2nd class medical certificate, the employee shall be eligible for recall pursuant to Article

26. If the employee is unable to regain a 2nd class medical certificate or meet the physical requirements to perform the duties required of an ATCS within twelve (12) months, his/her employment with the Employer shall be terminated.

Section 4. The Employer will pay the costs associated with basic routine annual 2nd class physical examinations. Any subsequent, non-routine testing or examination(s) required to obtain a 2nd class medical certificate shall be on non-duty time and at the employee’s expense.

Section 5. The employee shall ensure a 2nd class physical examination is completed prior to the last day of the month in which the employee’s 2nd class medical certificate expires.

Section 6. Employees shall not perform air traffic control duties beyond the last day of the month in which their 2nd class medical certificate expires unless the clearance is extended by documented special consideration by the appropriate certifying FAA official.

Section 7. An employee who is medically disqualified may appeal such a determination in accordance with applicable laws, rules and regulations. If the appeal is successful, before a new employee is hired, the employee shall be returned to the position previously held.

Section 8. At his or her request, an employee who is temporarily medically disqualified, supported by appropriate medical documentation, to perform ATCS duties, may be assigned other facility duties; to the extent such duties are available. This type of assignment is limited to a one-time event for an individual per year, not to exceed three (3) workdays.

Section 9. If an employee’s 2nd Class Medical Certificate has been revoked or…