J-3.6 Serco-PATCO Collective Bargaining Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

between

PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION, INC.

and

SERCO INC.

For the Period: August 1, 2022 to July 31, 2023 i

TABLE OF CONTENTS

ARTICLE 1: PARTIES TO THE AGREEMENT

ARTICLE 2: UNION RECOGNITION RIGHTS

ARTICLE 3: EMPLOYER RIGHTS

ARTICLE 4: EMPLOYEE RIGHTS

ARTICLE 5: UNION REPRESENTATION

ARTICLE 6: GRIEVANCE AND ARBITRATION PROCEDURES

ARTICLE 7: DISCIPLINARY ACTION

ARTICLE 8: CHANGES IN AGREEMENT AND PAST PRACTICES

ARTICLE 9: UNION DUES CHECK OFF

ARTICLE 10: SENIORITY

ARTICLE 11: EMPLOYEE PERFORMANCE

ARTICLE 12: WATCH SCHEDULE AND SHIFT ASSIGNMENTS

ARTICLE 13: VOLUNTARY CHANGES IN SHIFT AND REGULAR DAYS OFF

ARTICLE 14: BREAKS AND POSITION ROTATION

ARTICLE 15: EXTENDED LEAVES

ARTICLE 16: WAGES, HOURS AND COMPENSATION

ARTICLE 17: SICK LEAVE

ARTICLE 18: 401(K) RETIREMENT PLAN

ARTICLE 19: OVERTIME

ARTICLE 20: VACATION LEAVE

ARTICLE 21: HOLIDAYS

ARTICLE 22: POSITION DESCRIPTION

ARTICLE 23: HEALTH & WELFARE

ARTICLE 24: DRESS CODE

ARTICLE 25: INDEMNIFICATION

ARTICLE 26: SUBSTANCE ABUSE AND TESTING PROGRAM

ARTICLE 27: UNION PUBLICATION AND USE OF EMPLOYER FACILITIES

ARTICLE 28: LAYOFF AND RETURN TO WORK

ARTICLE 29: JURY DUTY/EMERGENCY LEAVE/BEREAVEMENT LEAVE

ARTICLE 30: MEDICAL QUALIFICATIONS

ARTICLE 31: PROBATIONARY PERIOD

ARTICLE 32: OFFICIAL PERSONNEL FILE

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ARTICLE 33: NON-DISCRIMINATION

ARTICLE 34: SAVINGS CLAUSE

ARTICLE 35: PRINTING OF THE AGREEMENT

ARTICLE 36: LOSS OF STANDARD SEPARATION (LOSS)

ARTICLE 37: CRITICAL INCIDENT STRESS DEBRIEFING (CISD)

ARTICLE 38: EMPLOYEE TRAINING & RECERTIFICATION

ARTICLE 39: ATC FACILITY EVALUATIONS

ARTICLE 40: AIR SAFETY

ARTICLE 41: AVIATION SAFETY ACTION PROGRAM (ASAP)

ARTICLE 42: NO STRIKE/NO LOCKOUT

ARTICLE 43: TERMINATION OF GOVERNMENT CONTRACT

ARTICLE 44: DURATION

APPENDIX I: FACILITIES

APPENDIX II: WAGE RATES

APPENDIX III: VACATION LEAVE

APPENDIX IV: HOLIDAYS

APPENDIX V: COLA

APPENDIX VI: GRIEVANCE FORMS

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ARTICLE 1: PARTIES TO THE AGREEMENT

Section 1. This Agreement is made between the Professional Air Traffic Controllers Organization, Inc. (hereinafter referred to as "PATCO" or the "Union") and Serco Inc. (hereinafter referred to as the "Employer"). PATCO and the Employer are herein referred to collectively as "the Parties".

ARTICLE 2: UNION RECOGNITION RIGHTS

Section 1. The Employer hereby recognizes PATCO as the exclusive bargaining representative for each certified, single facility bargaining unit of full time and regular part time air traffic control specialists employed at the air traffic control towers identified in Appendix I of this Agreement pursuant to the Section 9(a) of the National Labor Relation Act. The parties agree that the individual bargaining units covered by this Agreement are limited exclusively to the air traffic control specialists at the towers identified in Appendix I.

If PATCO is certified as the exclusive bargaining representative of any Employer tower in addition to those identified in Appendix I, such tower shall be automatically covered by this Agreement.

Section 2. PATCO shall designate one principal Union Facility Representative at each facility identified in Appendix I. The name of the Union Facility Representative shall be submitted in writing to the Air Traffic Manager (ATM). The ATM shall be notified in writing within 10 days of any changes in the Union Facility Representative. The Facility Representative may assign in writing a designee in his or her absence provided such writing is provided to the Employer with at least five (5) days’ notice or, if a scheduling conflict requires use of a designee, the Union Facility Representative may provide the ATM with verbal notice of such designation. In accordance with the NLRA, the Employer agrees to confer with the Union Facility Representative or his or her designee on matters contained in this Agreement.

Section 3. Except as otherwise provided in this Article, a Union Facility Representative shall not be compensated by the Employer for his duties as a Union Facility Representative and generally shall perform such duties during times when he or she is not scheduled to work for the Employer.

The Employer will pay a Union Facility Representative at the regular straight-time rate for attendance at a meeting called by the Employer such as a disciplinary meeting where the employee requests representation by the Union Facility Representative provided such meeting occurs during the Union Facility Representative's scheduled work hours. The Union Facility Representative may attend, participate telephonically, or select a designee to attend such meetings which occur outside his or her scheduled work hours provided that the Union Facility Representative or his or her designee shall not be paid by the Employer for any such meetings which occur outside his or her scheduled work hours.

Section 4. The Employer shall notify and provide PATCO National the name(s), expected and actual arrival date(s) for all newly hired bargaining unit employees.

Section 5. The Union Facility Representative will arrange with the Air Traffic Manager (ATM) before engaging in the above activities and shall not leave his/her post without authorization from the ATM. The parties agree that the operations of the facility shall take priority and that the Union facility Representative's duties will be performed in a manner that does not disrupt such operations. The Union Facility Representative shall be permitted to use earned vacation pay to attend Union activities, provided such request is made in accordance with the Article governing vacation leave.

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Section 6. PATCO 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 7. The Employer and or designees at the corporate level in the spirit of cooperation, hereby agree to meet with PATCO national officers and or designees at mutually agreeable times and locations and bargain as appropriate.

Section 8. Except in the case of emergency or by mutual agreement, the Union's authorized national representatives must provide at least twenty-four (24) hours prior notice to the Employer's ATM of the intent to visit a tower identified in Appendix I of this Agreement. In all cases, the Union national representatives shall comply with all FAA and the Employer's procedures applicable to visitors to the facility.

ARTICLE 3: EMPLOYER RIGHTS

Section 1. All management rights, authority, functions and responsibilities which are not unequivocally and expressly restricted or limited by a specific provision of this Agreement are retained by the Employer and shall remain vested exclusively in its sole discretion without regard to any past practice or condition. The parties recognize that such rights, authority, functions and responsibilities include but are not limited to:

the full control, planning, management and operation of its business and facility;

the determination and scope of its activities and/or services to be offered, developed, eliminated, modified or used and all methods pertaining thereto, including the location, size and number of departments;

the determination of materials, parts, machinery and equipment to be acquired, utilized or discontinued and the layout, staffing and scheduling thereof;

the right to determine, increase or decrease staffing for any department;

the right to organize, reorganize, combine or discontinue departments;

the right to hire and direct employees;

the right to contract or subcontract non-bargaining unit work;

the training of employees;

the right to require employees to submit to a medical examination by the Employer;

the right to establish quality standards and performance standards, procedures and evaluations;

3 | P a g e the right to determine position qualifications, schedules, staffing, shifts, and the right to require overtime work of employees;

the right to set or change the shift times and number of hours to be worked;

the right to introduce new or improved procedures, methods, services, machinery or equipment, to make technological changes or to discontinue procedures, methods, services, machinery or equipment;

the right to terminate, merge, consolidate, sell or otherwise transfer its business or any part thereof;

the right to enforce any directives, orders, or other regulatory requirements imposed on the Employer by any regulatory agency so empowered;

the right to determine the number of employees and the assignment of duties thereto;

the right to layoff or RIF (reduction in force) employees;

the right to take whatever actions may be necessary to carry out the mission of the

Employer in situations of emergency;

the right to select lead and supervisory personnel and the assignment of their work;

the right to assign supervisory or management personnel bargaining unit work covered by this Agreement;

the right to establish, combine, add, change or abolish jobs, duties and descriptions;

the right to issue, modify, delete and enforce reasonable rules, regulations and policies governing employee conduct and Employer operations.

Section 2. The Employer's failure to exercise any such right, prerogative or function hereby reserved to it or the Employer's exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer's right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 3. The Employer shall retain all rights provided by the United States Constitution, Federal, State and Local law.

Section 4. Subject to and without waiving its rights set forth in this Article, the Employer will generally provide the Union with notice of a new or materially changed policy that relates directly to Employees' terms and conditions prior to announcing such new or materially changed policy to Employees, except in exigent circumstances. This Section shall not require the Employer to delay the implementation of any such new or materially changed policy. Nothing in this Section is intended to add to, or take away from, the parties' respective rights under the NLRA.

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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, or to refrain from such activities, 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 which may reasonably lead to disciplinary action 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. No employee shall have disciplinary action taken against them because of an occasional debt complaint, and the Employer shall not assist the creditor (except where such debt is owed to the Employer) in collecting the debt without a court order so stating or as otherwise required by law.

Section 5. Facility non-work areas are defined as non-operational areas designated by the ATM.

Non-work areas shall never include the tower cab, equipment room or any other operational area.

Personal property such as radios, televisions, electronic devices, magazines and publications of an appropriate nature shall be permitted in non-work areas designated by the ATM for use at non-work times. Under no conditions will televisions be allowed in the tower cab. Cellular telephones, pagers or other communications devices shall be powered off while in the tower cab and other operational areas.

ARTICLE 5: UNION REPRESENTATION

In any investigation by the Employer which may reasonably lead to disciplinary action against an employee, such employee shall have the right, upon request, to have a Union representative present. If requested by the employee, the Union representative can be present by telephone if unable to be physically present.

ARTICLE 6: GRIEVANCE AND ARBITRATION PROCEDURES

A grievance is defined as a dispute, difference, disagreement or complaint between the parties relating to wages, hours, and conditions of employment or any term of this Agreement. A grievance shall include, but is not limited to, the complaint of an Employee, the Union or the Employer which involves the interpretation, application of, or compliance with the provisions of this Agreement. Except as provided in Section 3 below, 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 at the National Level 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

5 | P a g e 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 by the employee or group of employees to be present and given a copy of the grievance. Formal grievances shall be submitted using Form FCT-FGR-10. Informal grievances resolutions shall be documented on Form FCT-IGR-10.

Section 1. The Employer and the Union agree that Employees should attempt to resolve issues or concerns with the ATM prior to initiating the formal grievance process. The employee and, where appropriate, the Local Facility Representative may discuss the grievance with the ATM or other management designated representative, and if the grievance is resolved through these discussions, the informal resolution of the grievance will be reduced to writing using Form FCT IGR-10 and signed by the parties.

Section 2. Step 1. Air Traffic Manager. A formal grievance must be filed by a Union representative (or the Local Facility Representative) using Form FCT-FGR-10 with the ATM within ten (10) calendar days of when an Employee or the Union first learned or reasonably should have learned of the event giving rise to the grievance. The parties' representatives will have full authority and are encouraged to settle grievances during this initial step. If requested, the ATM shall meet with the aggrieved employee and Union representative (or the Local Facility Representative) to discuss the grievance. The Employer must respond to the Step 1 grievance within ten (10) calendar days of receipt of the written grievance.

Suspension I Discharge Cases. The parties agree that all grievances involving suspension or discharge actions shall proceed immediately to Step 2 of this process. A written grievance must be filed by a Union representative (or the Local Facility Representative) using Form FCT-FGR- 10 with the Human Resources Manager within ten (10) calendar days of when an Employee or the Union first learned or reasonably should have learned of the suspension or discharge.

Step 2. Human Resources Manager. If the grievance is denied at Step 1 of the grievance process, the Union shall have the right to appeal the denial of the grievance within ten (10) calendar days of the receipt of the Employer's denial by providing written notice of appeal to the Human Resources Manager through continued use of Form FCT-FGR-10. If requested, the Human Resources Manager and/or Area Manager will discuss (in person or by telephone) with the Union Step 2 designee within ten (10) calendar days after receiving the written appeal for the purpose of resolving the grievance to the mutual satisfaction of the Union and Employer. If such a resolution is reached, it will be reduced to writing on Form FCT-FGR-1 0 and signed by both parties. In cases where such resolution is not reached, the Employer will have twenty (20) calendar days from receipt of the Step 2 appeal to deny the grievance in writing, stating its reasons for such denial.

Arbitration. The Union will have fifteen (15) days from the receipt of the Step 2 denial of a grievance within which to appeal the grievance to arbitration. The Union shall notify the Employer in writing of such appeal and request a list of arbitrators from the Federal Mediation and Conciliation Service ("FMCS"). An arbitrator shall be selected by alternatively striking from the FMCS list until an arbitrator is selected or by another mutually acceptable method. The parties will work together to schedule arbitration hearings at a mutually agreeable date and place. It is expressly understood and agreed that the arbitrator is not authorized or empowered to change, modify, or add to this Agreement but is strictly limited to the interpretation and application of this Agreement in accordance with the materials submitted by the parties for this determination.

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Section 3. National Level Grievance Procedure: In the case of any grievance at the national level which the Union or the Employer may have against the other, the moving Party shall submit the grievance using Form FCT-UEFGR-10 to the other Party within twenty (20) days of the time the moving Party may have been reasonably expected to have learned of the event giving rise to the grievance. Employer grievances shall be submitted to the Union President, and Union grievances shall be submitted to the Employer's Program Manager. If requested, the Parties may discuss (in person or by telephone) with each other the matter for the purpose of resolving the grievance to their mutual satisfaction. If such a resolution is reached, it will be reduced to writing on Form FCT-UEFGR-10 and signed by both parties. In cases where such resolution is not reached, the receiving Party will have twenty (20) days from receipt of the written grievance to deny the grievance in writing, stating its reasons for such denial. The moving Party will have fifteen (15) days from the receipt of the receiving Party's denial of a grievance within which to appeal the grievance to arbitration. The moving Party shall notify the other party in writing of such appeal and request a list of arbitrators from the Federal Mediation and Conciliation Service ("FMCS").

An Arbitrator will be selected in accordance with "Arbitration" as set forth in Step 2 above.

Section 4. Other Principles of The Grievance and Arbitration Procedure.

The parties may request information in connection with a grievance. Such requests shall be in writing. The parties agree that they will provide each other with relevant information in accordance with the requirements of the NLRA.

Grievance forms are attached to this Agreement at Appendix VI. The numbering nomenclature for grievance forms will consist of 2 digits for the year, followed by a dash and a 2-digit number representing the sequential number of the grievance for the year for the facility.

Time limits throughout all the steps of the grievance procedure can be extended by written mutual agreement. Except to the extent that the parties mutually agree in writing to extend deadlines, failure to file a grievance in accordance with the procedures set forth in this Article or failure of the Union to otherwise proceed within the applicable time limits shall render the grievance void and will result in the Union and employees waiving any rights they otherwise would have under this grievance and arbitration process.

Failure by the Employer to abide by the applicable time limits will result in the grievance being moved to the next step in the process.

All arbitration awards will be in writing and final and binding on the parties.

The procedures shall be pursuant to the labor arbitration rules of the American Arbitration

Association.

The fee and expenses of the arbitrator will be split between the parties. If a verbatim transcript of the hearing is made the cost of the court reporter shall be paid by the party requesting the transcript; provided, however, that if the other party receives a copy of such transcript, the cost of the court reporter shall be divided equally between the parties. The parties shall share equally the cost of the transcript, if any, that is supplied to the arbitrator.

The cost of cancellation of an arbitration hearing shall be borne equally by the parties where the cancellation is due to settlement of the grievance. The cost of cancellation for any other reason shall be borne by the party who seeks the cancellation. Each party will bear its own costs for the preparation for the arbitration hearing.

The time spent by bargaining unit employees at meetings or arbitration hearings under the above grievance and arbitration procedures shall be unpaid non-work time.

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ARTICLE 7: DISCIPLINARY ACTION

Section 1. Just Cause. No employee who has completed his probationary period may be disciplined or discharged except for just cause.

Section 2. Progressive Discipline. Where the Employer determines that the facts and circumstances do not constitute serious misconduct, the Employer will follow progressive discipline which will generally include:

Documented Verbal Warning Written Warning Suspension Discharge

The Employer retains the discretion to repeat or skip steps where circumstances warrant. The parties agree that the Employer may impose immediate suspension or discharge for "serious misconduct" including but not limited to theft, fraud, violence, insubordination, threatening conduct, abandonment of position, or violation of the substance abuse and testing program.

Section 3. Employer Investigation and Employee Notification. The Employer hereby agrees that it shall make a good faith effort to promptly investigate and issue discipline within a reasonable time period after it becomes aware of the underlying issue/incident/event. Reasonable time period shall be based on the relevant facts and circumstances including, without limitation, staffing levels and safety concerns. The Employer shall provide the Employee with an opportunity to explain his/her action/inaction relating to the issue/incident/event before issuing any discipline based on such issue/incident/event. The Employer shall notify the employee in writing of the reasons for any warning, suspension or discharge and the effective date of any suspension or discharge. The employee may submit a written response to any such discipline within seventy-two (72) hours of receipt. At the employee's request, the Union shall be provided copy of written discipline, suspension or discharge notice.

Section 4. Union Representation. A Local Facility Representative must be present (if requested by the Employee) at the time written discipline is issued. For purposes of this provision, "discipline" shall not include informal counseling or directing of the workforce by management.

Section 5. Active/Inactive Discipline. Disciplinary action more than two (2) years old shall be considered inactive and shall not provide the basis for subsequent progressive discipline, provided no subsequent discipline has been issued for similar offense(s). Where subsequent discipline is issued for a similar offense, the prior discipline will remain in effect until the most recent discipline issued for the similar offense is two (2) years old and considered inactive. All inactive discipline shall be removed from the employee's official personnel file. Nothing contained in this Section shall preclude the use or production of any inactive discipline, in any administrative or judicial proceeding or in any arbitration to demonstrate notice or consistent treatment of employees.

Section 6. Probationary Employees. The above discipline schedule will not apply to new hires that are still within the probationary period. The Employer shall counsel, discipline, or terminate probationary employees as it deems appropriate in its sole discretion. After completion of the probationary period, an employee will receive discipline in accordance with the above schedule.

All discipline accumulated during the employee's probationary period will remain in effect until it

8 | P a g e becomes inactive under this Article.

Section 7. Grievance and Arbitration. The Union reserves the right to challenge discipline in accordance with the grievance and arbitration procedure set forth in this Agreement.

ARTICLE 8: CHANGES IN AGREEMENT AND PAST PRACTICES

It is hereby agreed that the Employer shall not change or implement a personnel policy or practice which is within the scope of the Employer's authority which conflicts with the terms of this Agreement without first providing the Union with notice and an opportunity to bargain regarding such policy or practice.

ARTICLE 9: UNION DUES CHECK OFF

Section 1. The Employer agrees to deduct, during the term of this Agreement, Union Dues from the regular pay of employees who have voluntarily authorized such deductions in writing. The Employer agrees to remit all such deductions to the Union at the end of the following month.

Section 2. Union dues deductions will be made in equal payments using the following calculation:

Monthly Dues x 12 months I the number of pay periods in the calendar year = bi- weekly pay period deduction.

Section 3. The original of a properly executed written authorization form for each employee for whom Union dues are to be deducted hereunder shall be delivered to the Employer before any payroll deductions are made. Deductions shall be made thereafter only pursuant to forms which have been properly executed and are in effect. Any form which is incomplete or in error will be returned to the Union by the Employer. No deduction shall be made which is prohibited by applicable law.

Section 4. Check-off deductions under all properly executed forms which have been delivered to the Employer on or before the fifteenth (15) day of any particular month thereafter shall begin with the first pay period in the following calendar month.

Section 5. Any employee's whose seniority is broken by death, self-termination, discharge or lay-off, or who is transferred to a position outside the bargaining unit, shall cease to be subject to check-off deductions beginning with the first pay period immediately following that in which such death, self-termination, discharge, lay-off, or transfer occurred.

Section 6. The Union shall indemnify, defend and hold the Employer harmless against any and all claims, demands, suits or other forms of liability (including reasonable attorneys' fees incurred by the Employer) that shall arise out of or by reason of action taken or not taken by the Employer pursuant to this Article and/or in reliance upon payroll deduction authorization form(s) submitted to the Employer.

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ARTICLE 10: SENIORITY

Section 1. Bargaining unit seniority is defined as an employee's length of continuous service working as a bargaining unit employee in a facility; the employee with the longest length of continuous service as a bargaining unit employee in a facility shall be the more senior bargaining unit employee. Should more than one employee have the same seniority based on their continuous service as a bargaining unit employee in a facility, then the ranking of seniority shall be determined by the following criteria listed in order of precedence:

(a) length of time fully certified in the facility; the employee certified in the facility the longest amount of time shall be the more senior bargaining unit employee.

(b) length of current continuous service as a Service Contract Act employee; the employee with the longest length of current service as a Service Contract Act employee without a break in service shall be the more senior bargaining unit employee.

(c) length of time as an air traffic controller; the employee with the greatest total number of years as an air traffic controller shall be the more senior bargaining unit employee.

Section 2. Break in Seniority. Seniority shall be broken by:

Discharge;

Voluntary resignation or retirement;

Failure to report as required by recall;

Failure to return to work upon expiration of leave of absence;

More than twelve (12) consecutive months of failure to perform work for any reason (e.g., layoff); or after acceptance of a non-bargaining unit position.

After a break in seniority, an Employee's seniority date will be the date on which the Employee becomes reemployed, reinstated, or otherwise returns to the bargaining unit.

Section 3. Seniority List. An updated seniority list will be provided to the Union on an annual basis.

ARTICLE 11: EMPLOYEE PERFORMANCE

Section 1. The parties agree that each employee is responsible for ensuring that his or her performance complies with all FAA rules, regulations and orders and all Employer standards.

Section 2. The Employer is responsible for the implementation of procedures and/or direction of operations.

Section 3. The Employer and the employees shall each be responsible for their own actions. In the event of a difference of professional opinion between any employee and the ATM or other manager, the employee shall comply with the instructions of the ATM or other manager and the employee shall not be subject to discipline for complying with the instructions.

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Section 4. In the event the ATM or other manager relieves an employee from the employee's operational position because of alleged unacceptable performance by the employee, the ATM (or other manager) shall provide, upon written request of the employee (provided such request is made within seven (7) days of the action), a written explanation of the reason(s) for the action as soon as practicable but not more than seven (7) days after receipt of such written request. The written explanation does not constitute notice of disciplinary action.

Section 5. Nothing in this Article limits the Employer's right to issue the employee disciplinary action for unacceptable performance or otherwise in accordance with Article 7: Disciplinary Action.

ARTICLE 12: WATCH SCHEDULE AND SHIFT ASSIGNMENTS

Section 1. The Basic Watch Schedule is defined as the days of the week, hours of the day, rotation of shifts, and changes in regular days off. The Basic Watch Schedule must satisfy coverage requirements. Assignments of individual employees to the Basic Watch Schedule are not considered changes to the Basic Watch Schedule. In developing or changing the Basic Watch Schedule, the facility's ATM may consider ideas and recommendations that may be presented by the Local Facility Representative. The Employer shall continue making alternative work schedules available at all bargaining unit facilities in accordance with the Employer's policy and procedures and subject to all restrictions set forth therein.

Section 2. The Basic Watch Schedule will normally be posted at least 30 days in advance except where operational needs or staffing levels require changes with less notice.

Section 3. Assignments to the Basic Watch Schedule will be by seniority with the most senior employee having first choice. Assignments to the Basic Watch Schedule shall be posted at least 30 days in advance. The Employer recognizes that changes to individual assignments are undesirable. Except where operational needs or staffing levels do not permit, the Employer will use its best efforts to avoid changing an employee's assignment. Such efforts may include use of overtime, use of other qualified staff, or swapping of employee shifts.

Section 4. The Employer agrees that it will not change employees' approved leave except for emergencies or circumstances beyond the Employer's control.

ARTICLE 13: VOLUNTARY CHANGES IN SHIFT AND REGULAR DAYS OFF

The exchange of shifts and/or days off between equally qualified employees is permissible provided that the exchange is consistent with the operational needs of the facility and does not result in overtime or violation of applicable law, regulations, or the terms of this Agreement.

Employee requests for such exchanges must be approved by the ATM at least 3 business days in advance of such exchange.

ARTICLE 14: BREAKS AND POSITION ROTATION

Section 1. Breaks. Where staffing levels and operational needs permit, the Employer shall strive to provide employees a break once every two to three hours. Such breaks will normally be for ten (10) minutes. In case of a conflict with Federal and State Law, the Employer shall comply with

11 | P a g e the Law.

Section 2. Meal Break. Where staffing levels and operational needs permit, the Employer shall strive to provide one thirty (30) minute uninterrupted paid meal break per day. It is understood that employees shall be required to remain in the general area of the facility ("general area" is defined as the tower and the area directly adjacent to and no further than 100 feet from the tower where the employee may be immediately recallable) and/or return to duty during such meal break based on operational needs and staffing levels. Employees who wish to leave the general area of the facility (as defined above) during their meal break may utilize same day vacation leave (in 15-minute increments) as provided in Article 20 provided such leave request is properly approved and provided further that such leave will not violate the staffing or scheduling requirements under Employer policy and FAA regulations and orders. In case of a conflict with Federal and State Law, the Employer shall comply with the Law.

Section 3. Rotation. Where staffing levels and operational needs permit and to the extent practicable, employees shall not be required to work more than two consecutive hours on the same operational position.

Section 4. Leaving the Facility. No Employee shall leave the general area of the facility during his or her shift except on authorized Employer business. If an Employee needs to leave the general area of the facility on other than Employer business, the Employee shall sign out when leaving and sign back in when returning and shall not be "on-the-clock" during any time away from the general area of the facility. Such departures will only be allowed when necessary and when staffing levels and traffic permits.

ARTICLE 15: EXTENDED LEAVES

Section 1. Employer will provide Family and Medical Leave Act leave in accordance with its company-wide policies to bargaining unit employees and in accordance with the applicable law(s).

(a) Return to Work. Employees on FMLA leave due to their own health condition shall, prior to returning to work, be required to provide documentation from a health care provider certifying their fitness for duty and ability to perform the essential functions of their job.

Employees must also provide the certification of the Civil Aerospace Medical Institute (CAMI) as required under applicable FAA regulations. Failure to return to work upon expiration of an approved leave of absence will be deemed just cause for termination of employment.

Section 2. Employer will provide Military Leave to bargaining unit employees enlisted or entering the military or naval services of the United States in accordance with applicable federal laws.

Bargaining unit employees requesting this leave will be required to provide employer with official military orders to receive this benefit.

ARTICLE 16: WAGES, HOURS AND COMPENSATION

Section 1. Wages.

(a) The Employees’ base hourly wage rate shall be as listed in Appendix II. Base hourly wage rate adjustments shall become effective upon receipt of the modification of the contract

12 | P a g e from the FAA incorporating the new base hourly wage rate(s) retroactive to October 1st each year to align with the Federal Government’s fiscal year. If the FAA changes the contract year, the parties agree to re-open negotiations on the timing of wage increases

Section 2. Normal Workweek. The employee's normal workweek will consist of forty (40) hours.

Section 3. Night Differential. Bargaining unit employees shall receive a night differential equal to 10% of the regular hourly wage rate for all hours worked between 6:00PM and

6:00AM.

Section 4. Sunday Differential. Full-time bargaining unit employees (40 hours a week) working Sunday as part of their regularly scheduled workweek shall be paid at the rate of their regular hourly wage rate plus a Sunday premium of 25% of the regular hourly wage rate for each hour of Sunday work which is not overtime.

Section 5. Pay Days. Bargaining unit employees shall be paid in accordance with the Employer's pay cycle schedule.

Section 6. Pay Statements. Each employee shall receive a statement of earnings and deductions for all pay periods. Information to be contained on the statement shall be in accordance with Federal, State and Commonwealth Law.

Section 7. Cost of Living Allowance. Where applicable, employees shall receive a cost-of-living allowance (COLA) in the amount as shown in Appendix V.

Section 8. Relocation Bonus. The Employer will continue to pay a relocation bonus to eligible employees subject to the specific terms and conditions of the Employer's policy, and with the express understanding that the Employer reserves the right to change or eliminate that policy at any time in its sole discretion.

Section 9. Acting ATM. Bargaining unit employees who are designated as "Acting ATM" when the ATM position is vacant shall be paid the ATM rate of pay. Assignments to the Acting ATM position are on a volunteer basis with the Employer, in its sole discretion, making the determination as to who is offered the Acting ATM assignment.

ARTICLE 17: SICK LEAVE

Section 1. Personal Days Leave ("PDL")

(a) Accrual. August 1, 2022 through December 23, 2022, employees shall accrue 1.54 hours of PDL each pay period (40 hours per year), credited against their health and welfare contributions consistent with Article 23.

(b) Unused Balances. Employees shall be paid for any accrued but unused PDL on the pay period following their anniversary and upon termination.

(c) Requirements and Usage. PDL shall be treated like vacation leave and is subject to the requirements contained in Article 20 (Vacation Leave) of this Agreement.

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(1) Employees shall not be required to produce a doctor's note or medical certificate for use of any PDL.

(2) All PDL must be taken in no less than fifteen (15) minute increments.

(d) Effective December 24, 2022, employees will not longer accrue PDL. They can continue to use their unused balance until their next anniversary.

Section 2. State or Federally Mandated Sick Leave

(a) Effective December 24, 2022, each employee shall accrue sick leave at the rate of one

(1) hour for every thirty (30) hours worked up to fifty-six (56) hours in accordance with Executive Order 13706. Employees at Tacoma Narrows will accrue 1 hour for every 30 hours, in accordance with state law. Sick leave may be used for any of the following reasons:

(1) The Employee’s own physical or mental illness, injury, or medical condition;

(2) The Employee’s own need to obtain diagnosis, care, or preventive care from a health care provider;

(3) A need to care for a child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship who has any of the conditions or needs for diagnosis, care, or preventive care described in (1) or (2) or is otherwise in need of care; or

(4) For domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (1) or (2) above, or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, including preparation for or participation in any related civil or criminal legal proceeding, or assist an individual related to the employee as described in

(3) above in engaging in any of these activities.

(b) Sick leave may be carried over up to a maximum of fifty-six (56) hours, except employees at Tacoma Narrows may carry over their entire leave balance.

(c) An employee’s request to use paid sick leave may be made orally or in writing. A leave request must be made at least 7 calendar days in advance where the need for the leave is foreseeable, and in other cases as soon as is practicable.

(d) Employer will communicate any denial of a request to use paid sick leave in writing, with an explanation for the denial – which cannot be based on whether the employee has found a replacement worker or on the contractor’s operational needs.

(e) The Employer may require certification only for absences of three or more consecutive full days. The certification is limited to identifying the person making the certification and to verify that sick leave is needed for a reason identified in 2.(a) above.

(f) The Employer will not be required to pay out accrued but unused paid sick time upon an Employee’s cessation of employment. However, if the employee is later rehired or otherwise reinstated within one (1) year, they must be credited with their previous paid sick leave balance.

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ARTICLE 18: 401(K) RETIREMENT PLAN

Section 1. 401K Plan. The Employer will continue to provide a 401(k) Plan for all regular full- time employees covered by this Agreement. Employees may elect to contribute to the 401(k) plan up to the maximum amount permitted by the plan documents and applicable law.

Section 2. Matching Schedule. The Employer will match the employee's contribution up to six percent (6%) of their gross income at the rate of fifty percent (50%).

Section 3. Plan Documents Control. The terms of the applicable Plan documents with respect to all matters will govern this benefit. Any questions or disputes concerning said 401(k) Plan or benefits there under will be resolved in accordance with the terms and conditions set forth in the Plan documents. No dispute arising or relating to this Article shall be subject to the grievance and arbitration procedures set forth in Article 6, except an allegation that the Employer has failed to provide the 401(k) Plan.

Section 4. New Employees Eligibility. The benefits described in this Article will be made available to eligible employees on the first day of hire. Employees taking no action to enroll or decline enrollment within their first 60 days of employment will be automatically enrolled for 3% of their salary. Each year they will also be subject to auto escalation by 1% up to 12%. Employees can change these elections in accordance with plan control documents and procedures set forth by the company for all employees.

Section 5. Highly Compensated Employees. Highly Compensated Employees (HCE) as defined by the IRS will have their 401(k) pre-tax and Roth employee contributions limited to 10% of pay in order to satisfy a non-discrimination testing required by the Employee Retirement Income Security Act (ERISA).

ARTICLE 19: OVERTIME

Section 1. Overtime. In addition to any applicable night differential (which shall be calculated on the base hourly rate and not compounded), overtime for all employee shall be paid at one and one-half (1 1/2) times the base hourly rate for hours worked in excess of forty (40) hours in any one (1) workweek. For the purposes of this Article, only hours worked shall be used in calculating overtime pay. Hours paid for non-work time (e.g., vacation, holiday, sick leave) shall not be considered hours worked for the purposes of calculating overtime.

Section 2. Law. Overtime shall be paid to employees in accordance with applicable Federal, State, and Commonwealth laws.

Section 3. Work on Scheduled Day Off. If an employee is called in to work on his scheduled day off, the Employer will guarantee him a minimum of two (2) hours of pay provided, however, that the guarantee will not apply where the employee is unfit for duty or sent home for disciplinary reasons.

ARTICLE 20: VACATION LEAVE

Section 1. Eligibility. Upon completion of each full year of continuous service, Employees shall receive paid vacation, according to the schedule in Appendix III of this document. Bargaining unit

15 | P a g e employees who work fewer than 1,840 hours during a one (1) year period of continuous service, shall receive paid vacation time on a pro rata basis determined by the ratio of hours actually worked to 2080 hours rounded to the nearest whole day.

Section 2. Vacation Utilization. The Employer understands the importance of time off from work and the important safety benefit resulting from such time off and encourages employees to utilize their vacation time for rest and relaxation. Employees who fail to schedule all of their earned vacation within ninety (90) days of their next anniversary date may have their vacation scheduled by the ATM during such ninety (90) day period or at the Employer's option, have any such earned vacation paid out upon their anniversary date.

Section 3. Vacation Pay. Vacation pay shall be based upon the employee's regular straight time hourly wage rate at the time of the vacation. It is understood that current rate of pay would apply regardless of whether or not the rate of pay was more or less than the rate of pay in effect at the time the vacation was earned.

Section 4. Payment of Unused Vacation. Employees leaving the Employer with at least one (1) year of continuous service shall receive pay for earned and unused vacation time upon separation.

Section 5. Scheduling of Vacation. The Vacation year commences January 1st and concludes the last day of December in the same year. Vacations shall be bid in full week increments, based on vacation leave projections for the upcoming vacation year. Vacations shall be bid by seniority between October 1st and November 15th preceding the vacation year. An employee may bid his entire vacation entitlement at one time. In order to prevent the circumvention of seniority, employees will not be permitted to trade vacation selections without the written approval of the ATM. After the vacation selection process is completed, vacation leave shall be granted on a first come, first served basis; provided the employee gives the Employer prior written notice at least thirty (30) days prior to the requested vacation date. If an employee requests vacation leave with less than 30 days prior notice (including same day leave), the Employer may grant such requests in its sole discretion based on staffing levels and operational needs. If there is a conflict between two (2) employees who submit requests the same day, seniority will govern. Notwithstanding any other provision of this Article, the Employer will determine based on contractual, operational and staffing needs the maximum number of bargaining unit employees (if any) permitted to take vacation leave during any particular time period.

Section 6. Vacation Increment. All vacation leave must be taken in no less than fifteen (15) minute increments.

Section 7. Employee Vacation Requests. The Employer shall honor an employee's request for vacation leave with due consideration to the requirements of maintaining air traffic control service;

the Employer reserves the right to deny such request where operation or staffing levels require.

Section 8. 40 Hour Per Week Restriction. Vacation leave shall be used to replace scheduled work hours and may not be used to bring the employee's total paid hours in one week to an amount above forty (40). If an employee's approved vacation leave will result in more than forty paid hours in a work week, the approved leave over forty (40) hours will be treated as leave without pay.

Section 9. Compliance with Law. If there is a conflict between the provisions of this Article and the requirements of Federal or State law, the Employer shall comply with the applicable law.

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ARTICLE 21: HOLIDAYS

Section 1. Holidays. Paid holidays shall be provided in accordance with this Article and as listed in Appendix IV.

Section 2. Holiday Pay. Holiday pay will be paid at the employees’ regular hourly wage rate as follows:

(a) Eligible employees, who do not work on a designated holiday, will receive eight (8) hours of holiday pay.

(b) Eligible employees who work on a designated holiday will receive eight (8) hours of holiday pay in addition to their regular hourly wage rate (including any applicable night or other premium differential or overtime) for hours actually worked on the holiday.

(c) Eligible employees, who are on vacation on a designated holiday, shall receive eight (8) hours of holiday pay in addition to their vacation pay.

Section 3. Holiday Pay Eligibility. To be eligible for holiday pay, employees must have:

(a) Worked on the observed holiday when scheduled to do so unless the Employer authorized the absence in advance or the absence is due to medical reasons verified by a doctor's note; and

(b) Worked on his/her scheduled shift immediately before and immediately after the designated holiday unless the Employer authorized the absence in advance or the absence is due to medical reasons verified by a doctor's note.

Section 4. Taking Off the Holiday. The parties recognize that the Employer is generally a 365 days per year operation and employees will be required to work on holidays. Employees scheduled to work on a designated holiday will be required to report to work on such holiday unless they have approved leave.

Section 5. Layoff, Leave of Absence, Unpaid Leave. An employee who is on layoff, leave of absence or other unpaid leave is not eligible to receive holiday pay for any holiday that falls within the time period of his/her layoff, leave of absence or unpaid leave.

Section 6. Legal Obligations. The Parties hereby agree that if there is any conflict between the provisions of this Article and any legal obligations imposed on the Employer by Federal or State law or regulations or Presidential Executive Orders, such legal obligations shall be controlling.

ARTICLE 22: POSITION…