J.1.a.2(c) - CBA ATOM Group, Local 1245, Lodge 1414, Local 3).pdf

CONTRACT

Between

Jacobs Technology Inc.- ATOM Group and Sierra Lobo, Inc.

NASA Ames Operations

Moffett Field, California 94035 and

International Brotherhood of Electrical Workers, Local No. 1245, International Association of

Machinists and Aerospace Workers, Lodge No.

1414; and International Union of Operating

Engineers, Local Union No. 3, AFL-CIO

Effective September 1, 2020 Through August 31, 2023 i

TABLE OF CONTENTS

Page

ARTICLE I APPLICATION AND PURPOSE OF CONTRACT

Section 1. Application Section 2. Purpose Section 3. Gender Neutral

ARTICLE II RECOGNITION

Section 1. Recognition Section 2. Equal Employment Opportunity Section 3. Checkoff of Union Membership Dues Section 4. Union Security Section 5. Company Recognition Section 6. New Work Section 7. Drug and Alcohol Policy

ARTICLE III GRIEVANCES

Section 1. Stewards Section 2. Discussion Section 3. Grievance Procedure Section 4. Time Limits Section 5. Pay for Grievance Time

ARTICLE IV ARBITRATION

Section 1. Arbitration Procedure

ARTICLE V SENIORITY

Section 1. Seniority Section 2. Loss of Seniority Section 3. Seniority List Section 4. Seniority Status Outside the Bargaining Unit Section 5. Seniority During Absence Section 6. Probationary Employees Section 7. Job Posting Section 8. Promotions Section 9. Filling of Vacancies Section 10. Layoffs Section 11. Recalling Section 12. Shift and/or Workweek Preference

ARTICLE VI LEAVES OF ABSENCE

Section 1. Union Representatives ii

Section 2. Extended Leave Section 3. Personal Leave

ARTICLE VII HOURS OF WORK AND OVERTIME

Section 1. Definitions Section 2. Work Shifts Section 3. Work Schedules Section 4. Time and One-Quarter Section 5. Time and One-Half Section 6. Double Time Section 7. Call-In Section 8. Reporting for Work Section 9. Lost Time Section 10. Exchange of Jobs Section 11. Pyramiding of Overtime Section 12. Off-Setting Overtime Section 13. Assigning Overtime Section 14. Posting Overtime

ARTICLE VIII HOLIDAYS AND VACATIONS

Section 1. Holidays Section 2. Vacations

ARTICLE IX WAGES AND BENEFITS

Section 1. Wage Schedules Section 2. New or Revised Classification Section 3. Promotions Section 4. Transfer Section 5. Pay Day Section 6. Shift Differential Section 7. Overtime Meals Section 8. Workweek Premium

ARTICLE X CONTINUITY OF OPERATIONS

Section 1. Continuity of Operations

ARTICLE XI PHYSICAL EXAMINATIONS

Section 1. Physical Examinations Section 2. Ability to Work After Injury, Illness, or Physical Impairment

ARTICLE XII SAFETY

Section 1. Protective Equipment Section 2. Good Housekeeping Section 3. Safety Committee iii

ARTICLE XIII PROTECTIVE SECURITY

Section 1. Protective Security Section 2. Proprietary Information

ARTICLE XIV JURISDICTIONAL BOUNDARIES

Section 1. Determination of Jurisdictional Boundaries

ARTICLE XV DISABILITY AND SICK LEAVE

Section 1. Disability Plan Section 2. Sick Leave

ARTICLE XVI GROUP INSURANCE

Section 1. Group Insurance

ARTICLE XVII EMPLOYEE BENEFITS

Section 1. Voting Time Section 2. Jury Duty Section 3. Funeral Pay Section 4. Severance Allowance Pay Section 5. Early Retirement Supplement Section 6. Work Clothes Section 7. Pension Plan

ARTICLE XVIII GENERAL

Section 1. Work Performed by Supervisors and Other Excluded Personnel Section 2. Bulletin Boards Section 3. Leadman on Shift Section 4. Plant Shutdown Notification Section 5. Admittance of Business Representatives Section 6. Employee Use of Private Auto

ARTICLE XIX DURATION

Section 1. Duration Section 2. Savings Clause Section 3. Zipper Provision

SIGNATURE PAGE

APPENDIX A Dues Deduction Authorization APPENDIX B Health and Welfare Agreement (1) APPENDIX C Health and Welfare Agreement (2)

ARTICLE I

APPLICATION AND PURPOSE OF CONTRACT

Section 1. Application. This contract applies only to the employees of Jacobs Technology Inc. and Sierra Lobo, Inc., hereinafter defined as being included in the Bargaining Unit located at the Ames Research Center, Moffett Field, California, as operated, managed and maintained by Jacobs Technology Inc. and Sierra Lobo, Inc., for the National Aeronautics and Space Administration.

Section 2. Purpose. The purpose of this contract is to set forth the agreement between Jacobs Technology Inc. and Sierra Lobo, Inc., herein referred to as the Company, and the International Brotherhood of Electrical Workers, Local No. 1245;

International Association of Machinists and Aerospace Workers, Lodge No. 1414; and International Union of Operating Engineers, Local Union No. 3, AFL-CIO, herein referred to as the Union, as to the rates of pay, hours of work and other conditions of employment to be observed by the parties, except as it may be amended hereafter by written agreement of the parties.

Section 3. Gender Neutral. Whenever the masculine gender is used in this

Agreement, it shall also refer to the feminine gender.

ARTICLE II

RECOGNITION

Section 1. Recognition. Jacobs Technology Inc. and Sierra Lobo, Inc., Ames Operations, recognizes International Brotherhood of Electrical Workers, Local Union No.

1245; International Association of Machinists and Aerospace Workers, Lodge No. 1414;

and International Union of Operating Engineers, Local Union No. 3, AFL-CIO as the exclusive bargaining agent with respect to rates of pay, wages, hours, and other conditions of employment for the Company’s wage employees who are identified and classified in one of the classifications set forth in Article IX, Section 1. Excluded from the Bargaining Unit are all administrative employees, technical employees, draftsmen, technical assistants, office clerical, professional employees, guards and supervisory employees as defined in the Labor-Management Relations Act.

Section 2. Equal Employment Opportunity. The Company and the Union agree to provide equal employment opportunity for all employees and agree not to unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth or related medical conditions), national origin, ancestry, age, physical disability, mental disability, marital status, or sexual orientation in connection with employment, demotion, upgrading or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; selection for training including apprenticeship; and layoff or termination.

Section 3. Checkoff of Union Membership Dues. The Company agrees to deduct Union membership dues and initiations fees from the wages of each employee who furnishes the Company with a written assignment and authorization to deduct such Union membership dues and initiation fees from his wages each month and to remit such membership dues and initiation fees to the Union. Such authorization shall continue for the term of this contract unless withdrawn in writing by the employee within ten (10) days immediately preceding the end of any anniversary date of such assignment, with a copy sent to the Union by certified mail. The authorization to deduct Union dues (Appendix A) can also be withdrawn by the employee when he is transferred to another classification provided he gives written notice to that effect to the Company and a copy thereof to the Union.

Section 4. Union Security. Each employee shall, not later than thirty-one (31) days following the date of his employment, join and maintain in good standing his membership in the Union having jurisdiction over the work covered by his job classification as a condition of his continued employment. The membership obligation may be satisfied by paying dues and initiation fees uniformly required for membership.

To assist the Union in enforcing the Union security provisions, the Company shall furnish the Union and the Shop Steward with the following information concerning all employees hired, recalled from layoff, or re-employed: name, job classification, and date of hire immediately following employment.

When the Employer is notified by the Union in writing that an employee has failed to make application and tender the Union initiation fee or reinstatement fee, or is not a member in good standing by failing to tender the Union dues, the Employer shall, within two (2) working days, terminate such employee.

The Union understands and agrees that the Company assumes no liability in connection with the deductions made or other actions taken in accordance with this Article. Any question as to the correctness of the deductions authorized and made, or other actions taken, will be a matter to be resolved between the Union and the employee.

The Union agrees to hold the Company harmless for any liability, monetary or legal, in the Company’s performance of its checkoff or any other responsibilities under this Article, so long as the Company has delivered to the Union all funds deducted pursuant to payroll deduction authorizations in effect at that time. The Union assumes full responsibility for the disposition of funds so deducted once they have been turned over to the Union.

Section 5. Company Recognition. The Union recognizes that the Company shall exercise the exclusive responsibility for the management, operation and maintenance of facilities and related utilities assigned to the Company by contract at the Ames Research Center, and the selection, assignment and direction of the working forces. Such responsibility shall include the right to determine job content and qualifications of employees to perform work, and the right to adopt and enforce reasonable rules and regulations for efficient operations; provided that the Union rights set forth in this contract, including the use of the grievance procedure and arbitration, shall not be abridged, curtailed or modified by this clause.

Section 6. New Work. In the event new work is introduced that does not fall in the classification in Article IX, Section 1, but is considered a wage job, the Company and Union agree to negotiate a new job classification and wage rate in accordance with Article IX, Section 2.

Section 7. Drug and Alcohol Policy. The Jacobs Engineering Drug, Alcohol &

Contraband Policy dated June 30, 1999 and the Sierra Lobo Drug & Alcohol Abuse Policy dated September 1, 2001 are incorporated as a term of this Agreement. In addition, the following clauses are incorporated:

1. An employee will be offered Union representation during any interview which may reasonably lead to discipline based on violation of this Policy.

2. The affected employee shall receive a copy of any laboratory report.

3. The Union reserves the right to contest the application of this drug and alcohol policy to particular employees through the grievance-arbitration procedure of the collective bargaining agreement.

ARTICLE III

GRIEVANCES

Section 1. Stewards. The Company agrees to recognize a reasonable number of certified stewards for each union, one Chief Shop Steward and one Assistant Steward, for the purpose of representing employees in the grievance procedure or for the purpose of giving advice concerning potential grievances. Upon execution of this Agreement, the Union shall promptly furnish Human Resources or designee, in writing, the names of the certified stewards. Thereafter, the Union shall promptly advise Human resources or designee, in writing, of any change to the listing of certified stewards. No Steward will be recognized by the Company as having authority to represent the Union prior to receipt of written notice of appointment. During the period that an employee is holding the office of Chief Shop Steward, he shall be placed at the top of the seniority list of the employees within his classification and will be considered the most senior employee within that classification, but only for the purpose of exercising shift preference. When the employee loses his status as Union Steward, he shall be returned to his normal position on the seniority list.

Section 2. Discussion. Any employee having a complaint shall, with or without his

Steward, discuss the matter with his immediate supervisor within ten workdays as defined by Article III Section 4. If the complaint is not satisfactorily adjusted by the supervisor within 24 hours, the employee will so inform the supervisor and it may be considered a grievance and be referred to the grievance procedure.

Section 3. Grievance Procedure. Any grievance arising under the terms of this contract shall be handled as listed below. It is understood that all three Steps of the procedure will be held during the grievant’s work shift and he will be allowed time off to attend the hearings.

Step 1. The Steward and grievant shall discuss the complaint with the grievant’s immediate Supervisor and/or his designated representatives. If the complaint is not satisfactorily adjusted within two (2) days, the grievance will be reduced to writing and submitted to the second step within three

(3) days.

Step 2. The Manager of the Branch or in his absence, his designated representatives will hold a hearing within four (4) days after the second step is requested. The Business Representative, Steward and the grievant will attend this hearing. An answer will be given within five (5) days after the hearing. Failing satisfactory adjustment, the matter will be referred to Step 3 within four (4) days after the Company’s answer.

Step 3. Within five (5) days after referral to this Step, a meeting will be held with the three business representatives of the unions, the Steward and grievant of the Union affected, with representatives of the Company in an effort to settle the complaint. A Steward from each of the other two unions may attend the hearing, at the Business Representative’s request, provided the grievance involves either change in contract language or working conditions of employees whom they represent. The Business Representative of the grievant will arrange for the other business representatives to attend the hearing. The Company’s position will be submitted to the Union in writing within five (5) days after the meeting. If the Company’s answer is not satisfactory, the Union may request arbitration in accordance with Article IV within five (5) days.

It is understood that the provisions of the Labor-Management Relations Act shall be applicable to the above-described grievance procedure.

Section 4. Time Limits. Any grievance not taken up with the employee’s immediate supervisor within ten (10) workdays after the occurrence of the incident complained of cannot be processed through the grievance procedure. A grievance will be considered settled if the decision of the Company is not appealed to the next higher Step in the above procedure within seven (7) workdays after a decision has been rendered by the Company.

Extensions may be made by mutual agreement. On grievances involving monetary items, time limits do not begin until checks covering said alleged violations are received by the employees.

The Union’s failure to carry a grievance from one Step to another or to arbitration shall be without prejudice to its right to process the same subject matter, although not the very same case, in another grievance.

In the event the Company does not answer a grievance within the time limits, the grievance may be processed to the next Step in the procedure, or to arbitration, as the case may be.

Section 5. Pay for Grievance Time. Stewards and employees may assist in the settling of grievances under this Article without loss of pay provided they arrange with the supervisor to leave work for the purpose of handling a grievance.

ARTICLE IV

ARBITRATION

Section 1. Arbitration Procedure. Any controversy which has not been satisfactorily adjusted under the grievance procedure and which involves:

a. the discharge of an employee, or

b. the interpretation or application of the provisions of this contract, or

c. an alleged violation of the contract, may be submitted for settlement in arbitration. Within fifteen (15) days after either party notifies the other of its desire for arbitration, the parties shall request the Director of Federal Mediation and Conciliation Service to submit a listing of seven (7) names of arbitrators which will be alternately stricken until one name remains. The member selected will be the arbitrator. Each party shall bear its respective expenses, and the expenses incident to the services of the arbitrator shall be borne equally by the Company and the Union. The arbitrator shall be required to render a decision within thirty (30) days after the close of the arbitration hearing, which shall be final and binding on both parties.

The arbitrator shall not have the power to add to, to disregard, or to modify any of the terms of this contract.

When either party receives the list of arbitrators, they shall contact the other party and inform them of such receipt. The parties will meet within thirty (30) days to select an arbitrator.

ARTICLE V

SENIORITY

Section 1. Seniority. The seniority of an employee shall be determined by his employment date or transfer date into the Bargaining Union, whichever is later, with respect to the employment date or transfer date to the Bargaining Unit of other employees within a seniority group. By the term “seniority group” is meant one of the groups:

Electrical Group, Instrument Technician Group, Machinist Group, and Operating Engineer Group, listed in Article IX, Section 1, of this contract.

In the case of two employees hired or transferred into the Bargaining Unit on the same date, the employee with the lowest employee number will be regarded as having the greater seniority.

When employees are transferred permanently from one seniority group to another, it shall be done by mutual agreement of the Company and the Union.

Section 2. Loss of Seniority. Seniority shall be lost by an employee under the following circumstances:

a. When he is discharged by the Company.

b. When he quits the service of the Company upon his own volition.

c. When he does not properly report when recalled from layoff, as set forth in Section 11 of this Article.

d. When he is not recalled during a period of thirty-six (36) consecutive months after being laid off.

e. When a Bargaining Unit employee is promoted or transferred to a non-Bargaining Unit position as provided for in Section 4 of this Article.

f. When a Bargaining Unit employee who is on a leave of absence as an completion of his authorized leave of absence (one [1] year or term of office) as provided for in Article VI.

g. When he is absent for three (3) consecutive working days without notifying the Company, in which case the employee shall be considered a voluntary quit, unless the employee is unable to notify the Company his personal illness or injury or by an act of God.

Section 3. Seniority List. The Company agrees to compile and post every three

(3) months a seniority list showing the seniority of each employee in the Bargaining Unit.

Section 4. Seniority Status Outside the Bargaining Unit. Any employee transferred or promoted to a position in the plant which is outside the Bargaining Unit shall be credited for seniority purposes with his seniority at the time of his promotion out of the Bargaining Unit, such credit to remain in effect for a period not to exceed one (1) year. However, seniority credit shall not be accrued while outside the bargaining unit.

Section 5. Seniority During Absence. Employees will continue to accumulate seniority when absent due to occupational illness or occupational accident. Employees will continue to accumulate seniority when absent due to personal illness for a continuous period of twenty-four (24) months. Seniority will also be accumulated during leaves of absence granted in accordance with Article VI of this contract, and for approved leaves of absence for other personal reasons not in excess of thirty (30) days.

Section 6. Probationary Employees. A new direct employee in any classification shall be considered a probationary employee for the first ninety (90) calendar days of employment in which he actually performed work for the Company.

If at the end of the probationary period the employee is not to be retained, the appropriate Union representative will be notified in writing prior to the employee’s termination date. Failure to notify the appropriate Union representative will not affect the Company’s right to release the employee.

The termination of employment of an employee during the probationary period shall not be subject to the grievance procedure. However, the Steward shall be notified of such discharge.

The above referenced probationary period may be extended by thirty (30) calendar days with notification from the Company to the Union. Additional extension(s) of the probationary period in thirty (30) calendar day increments are allowable, if mutually agreed to by the Parties.

Any probationary period interrupted by any leave of absence(s) shall automatically extend by the same number of days as such leave of absence(s).

Section 7. Job Posting. In the event of a new job, or a vacancy to be filled, the Company shall post on the bulletin boards a description of the job or vacancy, its location and rate of pay, and shall provide job bid forms for employees to write thereon their name and employee number for submittal to the Company. Consideration will be given any direct employee (not including temporary employees) who bids on the new job or vacancy within a period of four (4) working days from the date of the initial posting. A copy of the posting will be sent to the appropriate Business Representative at the time of posting.

Requirements stated on the job posting will accurately reflect duties of the job to be filled and will be within the scope of the job classification description.

Employees temporarily absent may arrange with their Steward to file a “Job Bid” form in their behalf.

The Company shall accept all job bids without prejudice for consideration. Filling of vacancies caused by vacations, disabilities, and leaves of absence shall not be subject to the posting procedure.

Temporary employees may be hired for a period not to exceed six (6) consecutive months when additional work of any nature requires a temporary augmented force.

Temporary employees shall receive the applicable hourly rate of pay, be eligible for holiday pay, and shall be eligible for health and welfare coverage on the first day of the 7th month of active work but shall not otherwise be eligible for any fringe benefits nor accrue seniority. Holiday pay is the only benefit that a temporary employee may receive from the Company. A direct temporary employee (but not a temporary employee working at the Company through a temporary employment agency) who, without a break in service, is subsequently hired as a regular full-time employee shall have as his employment date the date he was first retained to perform work for the Company as a temporary employee.

Temporary employees are employed by the Company on an at-will basis, and may be terminated at any time, with or without advance notice, with or without cause, and without resort to the grievance procedure.

Section 8. Promotions. Promotions of employees within the Bargaining Unit shall be made on the basis of the necessary qualifications to perform the work and seniority. If qualifications to perform the work of the job classification are considered equal, the senior employee shall be given preference. The employee’s grade will be given to him within five

(5) days after receiving his request.

When the employee has been selected for promotion, he will be placed into that position within thirty (30) days of the date of the original posting. The Company retains the right to cancel any posting during this 30-day period.

Section 9. Filling of Vacancies. A vacancy is defined as an opening in a permanent position in one of the classifications listed in Article IX, Section 1. The Company determines when a vacancy exists and fills the vacancy in the following manner:

a. Promote from within the Bargaining Unit providing there are employees qualified to fill the position.

b. Hire from outside the Bargaining Unit.

c. A lateral transfer of employees presently within the Bargaining Unit may be considered, provided the employee is qualified to perform the job. The employee has the right to accept or reject a transfer involving a change in seniority groups. The Union will be notified when a vacancy exists. Whenever in the sole judgment of management the skill, qualifications and all other relevant factors are equal then seniority will become a consideration in making permanent lateral transfers.

Section 10. Layoffs. When reducing the size of the work force temporary employees and probationary employees assigned to the job classification affected, shall be the first to be laid off. For further reductions, the prime factors to be considered shall be the skills required to complete the remaining work, performance, experience and qualifications and when these are reasonably equal, as determined by the Company, then seniority will be the deciding factor. This section is subject to the grievance process. If a layoff results in employees being reassigned to another work area, the Company shall be responsible for retraining within the employee’s classification in order to work effectively.

Section 11. Recalling. Recalling shall be in reverse order of layoffs within a classification within a seniority group.

Employees being recalled shall be notified by certified mail, return receipt requested, mailed to the last address on record in the Company’s files. If the Company does not receive a reply from the employee to said letter within six (6) days from the date of delivery, as shown on the certified mail receipt, in which the employee agrees to report for work within two (2) calendar weeks after he received said notification, or if the Post Office returns said letter to the Company because the addressee has moved, or the employee does not report for work on the date he agreed to report as provided in this Section, the employee will be considered to have forfeited all recall rights, unless these time limits are extended by the Company. In case of an emergency the Company may temporarily fill any vacancy.

Section 12. Shift and/or Workweek Preference. Within each supervisor’s work group, employees will exercise shift and/or workweek preference in accordance with the following:

a. Stewards shall be assigned to a principal shift and/or workweek of their choice. Leadmen shall then be assigned to a principal shift and/or workweek using seniority within the leadman category. When the stewards and leadmen’s assignments conflict with the shift and/or workweek requirements; that is, the required number of people, the required crafts and leadmen, the least senior, eligible leadman shall be assigned to meet this shift and/or workweek requirement. Following assignment of the leadmen, journeymen shall be assigned to a principal shift and/or workweek using seniority.

b. For purposes of shift and/or workweek assignment only, the machinist and the operating engineers will be combined into a single category.

c. Each three months wage employees will indicate their first and second choice of shift and/or workweek and each will be assigned to a principal shift and/or workweek and facility or duty. Each employee will remain at that assigned station and shift and/or workweek during the three-month period. In the event major changes occur in the workload, the principal assignment of those directly affected may be changed.

d. When it is necessary to replace absent employees, to provide for changes in the workload, or meet special test requirements, it will be done with a minimum reassignment of personnel.

ARTICLE VI

LEAVES OF ABSENCE

Section 1. Union Representatives. Accredited Union representatives shall be granted a reasonable number of leaves of absence without pay, not exceeding fifteen

(15) calendar days consecutively to attend conventions or other operations. It is agreed that ten (10) days’ notice of such leaves of absence will be given except in emergencies, and that not more than one (1) employee shall be absent at any one time for such purpose, except by special request of the Union, and if conditions will permit, this number may be increased by permission of the Company.

Such leaves of absence shall not affect the seniority of employees.

Section 2. Extended Leave. Any employee whose continued absence of a longer period is necessary because of his duties as an officer or representative of the Union will be given a leave of absence not to exceed one (1) year, or the term of his office whichever is greater, without pay for such purpose. Upon his retirement from such office, he shall be entitled to return to his old position or a position of the same class without loss of seniority, provided he reports for work within fifteen (15) days following the expiration of his leave.

An employee granted such leave of absence shall return all security identification issued to him.

Section 3. Personal Leave. Employees will be granted personal leaves of absence for up to thirty (30) days with the approval of their supervisors.

ARTICLE VII

HOURS OF WORK AND OVERTIME

For the purpose of this contract, the employee’s straight-time rate is the rate of pay per hour exclusive of shift differential, workweek differential and overtime premium. The regular rate is the rate of pay per hour including applicable shift and/or workweek differentials, but excluding overtime premium.

Section 1. Definitions.

a. The established workweek shall be the seven (7) day period beginning at 10:30 p.m. Sunday. The workweek shall end for overtime pay purposes at 10:30 p.m. Sunday, unless an employee’s fifth workday has not ended.

b. A workweek shall consist of five (5) days of work, eight (8) consecutive hours each day, and two (2) rest days within the established workweek. The employee’s rest days must be consecutive but may fall in two (2) different workweeks.

c. A workday is a period of twenty-four (24) consecutive hours starting at the time the employee is scheduled to begin work on the first work shift in the established workweek. Each succeeding workday is a twenty-four (24) hour period beginning at the same hour of the day, except that the workday immediately preceding a rest day will end at 10:30 p.m. for employees assigned to a non-overlapping work shift.

d. The work shift is the eight (8) hours an employee is scheduled to work on each of the five (5) scheduled workdays in the established workweek. When an employee’s scheduled work shift overlaps the calendar rest day by thirty (30) minutes or less, the time of overlap will be paid at the employee’s regular rate.

e. Rest days are those days on which an employee is scheduled off during the established workweek. The two (2) rest days may fall on any days and in different established workweeks, but will be consecutive.

f. Calendar days, for the purposes of Article VII, will be the twenty-four

(24) hour period beginning at 10:30 p.m.

Section 2. Work Shifts.

a. The day shift shall consist of five (5) consecutive days of eight (8) consecutive hours (exclusive of a thirty (30) minute lunch period) beginning at 6:30 a.m. Exception: Consecutive days will not apply when the employee’s workweek changes.

b. The swing (evening) shift shall consist of five (5) consecutive days of eight (8) consecutive hours (exclusive of a thirty (30) minute lunch period) beginning at 2:30 p.m. Exception: Consecutive days will not apply when the employee’s workweek changes.

c. The graveyard (late night) shift shall consist of five (5) consecutive days of eight (8) consecutive hours (exclusive of a thirty (30) minute lunch period) beginning at 10:30 p.m. Exception: Consecutive days will not apply when the employee’s workweek changes.

d. Shift starting times can be altered at any time by mutual agreement of management and the affected business representatives. These changes to shift starting times must have unanimous agreement of affected employees and can be altered up to 120 days. However, the Company will not incur any overtime or shift premium liability as a direct result of these changes.

e. An exception of two (2) hours in the starting time, set forth above, will be made for a limited number (maximum of two [2] employees) for pre-operational activities as necessary.

f. A seven-day work schedule will apply only to the Maintenance

Section, to which the following workdays and rest days may be assigned, to employees in the following order: (a) volunteers, (b) seniority provided there are more volunteers than required, and (c) reverse seniority.

(1) Rest days of Monday and Tuesday and workdays of

Wednesday, Thursday, Friday, Saturday, and Sunday.

(2) Rest days of Wednesday and Thursday and workdays of Monday, Tuesday, Friday, Saturday, and Sunday.

(3) Maintenance Section employees also may be assigned to the day, swing, or graveyard shifts.

(4) The Company agrees to utilize the seven-day work schedule only to satisfy contractual maintenance commitments it has with NASA, and for no other reason. The Company further agrees to request NASA to provide written request for the seven-day work schedule and to allow the Union to review any such written response that NASA may provide. The Union agrees that only the Company will determine the number of maintenance personnel required by

NASA.

g. The Company may deviate from the shift starting times as necessitated by NASA requirements, power availability, and/or tunnel practices subject to shift starting times not being altered by more than three (3) hours. Notwithstanding any other language contained in this article on shifts altered in conjunction with this paragraph (in the first five (5) workdays of an employee’s work week) time and one-half will not be paid until after eight (8) hours of work and double time will not be paid until after twelve (12) hours of work from the commencement of the shift.

h. In case of a three-hour early deviation in the day shift or grave and day shift starting times, employees on these shifts shall receive a shift differential of ten (10) percent.

The Company will advise the Union of changes made pursuant to this subsection and agrees to entertain Union requests to alter shift starting times.

i. Notwithstanding the other provisions in this Article VII, the Union and the Company recognize that NASA may request or Company contractual commitments may require, the Company to adopt for all or a portion of the employees covered by this Agreement a seven-day work schedule similar to Article VII, §2 f., with rest days other than Saturday and Sunday and with Saturday and Sunday being straight-time workdays. The Union and the Company agree that under the foregoing circumstances, a seven-day work schedule may be implemented by the Company. Before implementing such a schedule, however, the Company agrees to give notice to the Union and bargain to reach mutual agreement on the manner of implementing the seven-day work schedule, including the designated workdays and rest days and the manner of assigning employees to the workweek(s) that are established as part of the seven-day work schedule.

Section 3. Work Schedules.

a. An employee’s regular work schedule is his five (5) scheduled workdays within the established workweek such schedule to be determined by the Company and posted at least by the end of the employee’s last normal work shift of the previous week.

b. Employee’s required by the Company to change shifts within the workweek will be paid time and one-half (1-1/2) for the first eight (8) hours of the change.

c. When Saturday is a workday within a regular work schedule, it will be disregarded for overtime purposes, and for such purposes the first rest day within the established workweek shall be considered to be Saturday. When Sunday is a workday within a regular work schedule, it will be disregarded for overtime purposes, and the second rest day within the established workweek shall be considered to be Sunday.

d. All absences with pay shall be counted as time worked for overtime considerations.

e. Employees, with their mutual consent, may trade shifts and/or workweeks within their own job classification for a maximum of two

(2) weeks, with the prior approval of their respective supervisors, provided that no overtime is created by the exchange.

f. Employees held over after the end of their regular work shift will receive not less than sixty (60) minutes pay at the appropriate overtime rate.

h. Day, swing and grave shift employees are entitled to a non-paid lunch period of thirty (30) minutes, observed after completion of three and one-half (3-1/2) hours of work and by the fifth and one-half (5- 1/2) hour of work. Employees who cannot be provided with a lunch period during the two (2) hour period will receive pay for the thirty

(30) minutes at the appropriate rate and will be allowed twenty (20) minutes to eat at the convenience of the test requirements.

i. An employee who has not been provided with a lunch period by the end of the fifth and one-half (5-1/2) hour of work will receive pay for such lunch period at the appropriate overtime rate.

Section 4. Time and One-Quarter Premium pay at a rate of one and one - quarter

(1-1/4) times the regular rate of pay shall be paid for hours worked prior to the scheduled assigned shift start time. This is typically applied when one or more employees are required to conduct pre-operational activities prior to shift start. This premium pay does not apply to pre-shift work which is arranged for the employee’s convenience.

Section 5. Time and One-Half. Overtime at the rate of one and one-half (1-1/2) times the regular rate of pay shall be paid as follows.

a. For hours worked in excess of forty (40) in the established workweek, or

b. For the 9th, 10th, 11th, and 12th hour worked in the workday, or

c. For the first eight (8) hours worked on Saturday, or for the first eight

(8) hours worked on the employee’s first rest day in the established workweek. For swing shift employees, Saturday is defined as a twenty-four-hour (24) period beginning at 11:00 p.m. Friday, or the day preceding the first rest day. For other employees, the twenty-four (24) hour period will begin at 10:30 p.m. Friday, or the day preceding the first rest day.

Section 6. Double Time. Overtime at the rate of two (2) times the regular rate of pay shall be paid as follows:

a. For hours worked in excess of twelve (12) during any workday, or

b. For hours worked in excess of eight (8) on Saturday, or for hours worked in excess of eight (8) on the employee’s first rest day in the established workweek, or

c. For all work performed on Sunday, or for all worked performed on the employee’s second rest day in the established workweek. For swing shift employees, Sunday is defined as a twenty-four-hour (24) period beginning at 11:00 p.m. Saturday, or the day preceding the second rest day. For other employees, the twenty-four (24) hour period will begin at 10:30 p.m. Saturday, or the day preceding the second rest day.

Section 7. Call-In. An employee who is notified by the Company to work outside of his regular shift shall receive not less than the equivalent of four (4) hours pay at time and one-half (1-1/2) his regular rate for such call-in; however, this guarantee is not applicable under the following conditions:

a. An employee is notified prior to the end of his previous work shift of an early starting time on the next work shift.

b. In those instances in which an employee, having been contacted and notified to report to work at a specified time outside his regular shift, does not report at the specified time or within a reasonable period thereafter.

c. An employee shall not be required to stand by for a call back to work after the termination of his regular shift.

Section 8. Reporting for Work. An employee who properly reports for work on his regular shift and is sent home because of lack of work shall receive a minimum of four(4) hours pay at his regular hourly rate, unless he has been notified not to report to work at least by the end of his last regular work shift or because of a power failure, breakdown of equipment, weather related conditions or acts of God. Any government approved administrative leave will be granted to Company employees if NASA agrees to pay for same.

Section 9. Lost Time. The Company will use one-tenth of an hour (6 minutes) as a unit in computing tardiness. If an employee is from one (1) to six (6) minutes late, the employee will lose one-tenth of an hour (6 minutes). For tardiness beyond six (6) minutes, the regular procedure of computing time in multiples of six (6) minute intervals will apply.

Employees leaving the job early will be considered tardy on the same basis as if they reported to work late. Employees shall not be required or permitted to work during the period used in computing tardiness. The foregoing shall not be considered as a limitation on the right of the Company to take disciplinary action for repeated or unexcused tardiness.

Section 10. Exchange of Jobs. If an employee is required to work at a higher paid job for one (1) or more consecutive hours without an intervening change in job assignment, he shall receive the starting rate of the higher paid job effective as of the time such an assignment is made.

Section 11. Pyramiding of Overtime. The allowance of overtime pay on any hour for which an employee received compensation eliminates that hour from consideration for overtime pay on any other basis.

If overtime work falls under two (2) or more pay rates, the higher rate shall prevail in determining overtime pay.

Section 12. Off-Setting Overtime. An employee shall not be required to take time off from his regularly scheduled normal workweek in order to offset overtime.

Section 13. Assigning Overtime. Within each supervisor’s work group, overtime will be maintained as nearly equal as practicable to employees within a classification who normally perform the work. Leadmen shall be considered a separate classification within their group for overtime assignment purposes. Overtime shall be offered to available leadmen within the group before a temporary leadman is designated on such overtime assignment.

The Company shall attempt to meet overtime requirements through the use of volunteers. If the Company is unable to meet overtime requirements through the use of volunteers, the Company may make mandatory assignments of overtime on the basis of reverse seniority and qualifications required for the job, with the least senior qualified employee being the first to be required to work overtime, and the most senior qualified employee being the last employee to be required to work overtime.

Section 14. Posting Overtime. A record of overtime worked or refused by an employee shall be maintained in actual hours worked. No overtime will be charged for less than one hour worked. If an employee’s record of overtime worked or refused is different from the log, the official records of the payroll timecards will be used to correct the error. Starting January 1 of year, the overtime hours will be adjusted to zero.

A new employee shall be charged with the same amount of overtime hours as the highest man within his classification in his supervisor’s work group. If at the end of the probationary period he has less overtime than the highest man in his classification and supervisor’s work group, he will be adjusted to an amount equal to that of the highest man.

If an employee is offered overtime and refuses, for any reason, he will be charged on the overtime chart the hours refused. However, for holdover overtime, no charge will be made if the employee is not notified more than one hour before the end of the shift he is working. In a twenty-four (24) hour period, beginning at the time the employee is scheduled to begin his shift, the employee will be charged only for the first overtime refused.

Employees who are asked to work overtime on their last workday prior to a rest day(s), if applicable, or the rest day(s) preceding a scheduled vacation of forty (40) hours or more, shall not be charged for refusal of overtime.

An employee who is absent for more than three weeks will not be offered overtime.

Upon returning to work, he will be placed in the same relative position to the high man (the same differential of hours) on the overtime chart as he held prior to his absence. An employee who incurs a limitation because of a disability which prohibits overtime assignments will be offered overtime during such restriction and will have one readjustment for overtime purposes. this adjustment will occur when the employee first accepts overtime following the period of disability.

ARTICLE VIII

HOLIDAYS and VACATIONS

Section 1. Holidays. The following holidays will be considered as paid holidays at the employee’s regular rate of pay.

New Year’s Day Labor Day Martin Luther King, Jr.’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Floating Holiday

Pay at the rate of one and one-half (1-1/2) times the regular rate of pay, in addition to holiday pay, will be paid for the first eight (8) hours worked on the above holidays. Any hours worked in excess of eight (8) will be paid at the rate of two (2) times the regular rate of pay.

When a recognized holiday falls upon an employee’s first scheduled rest day, the workday immediately preceding shall be observed as his holiday; when a holiday falls upon his second scheduled rest day, the next succeeding scheduled workday shall be observed as his holiday.

Floating Holiday - This holiday is to be taken any time in the calendar year, beginning on January 1, 2009 with the concurrence of the employee’s supervisor.

If a designated holiday occurs during an employee’s vacation, the employee will receive eight (8) hours pay at regular time. Such holiday will not be charged against the employee’s accrued vacation.

In the event that the Government has a contractual requirement for the Company to change their days of work to coincide with NASA’s days of work, the holidays will be changed to agree with the Government’s holidays. Any Government administrative leave with pay will be granted to Company employees if NASA agrees to pay for same.

If additional holidays should be granted by the Government during the term of this contract, the Company will also grant these holidays to its employees provided NASA agrees to pay for same.

Section 2. Vacations. Employees shall receive vacations in accordance with their

Company service. Time spent in layoff, leave of absence exceeding thirty (30) days, and other separations from the payroll will not be computed in determining length of Company service.

Subject to the provisions of subparagraph (g), an employee will receive vacation credit from his date of hire upon completion of his probationary period. The basis will be eight (8) hours of vacation for each month of employment not to exceed a maximum accrual of three hundred twenty (320) hours.

An employee having more than five (5) years’ service with the Company will be eligible for one hundred twenty (120) hours of vacation each year. The basis will be ten

(10) hours of vacation for each month of employment, not to exceed a maximum accrual of three hundred twenty (320) hours.

An employee having more than ten (10) years’ service with the Company will be eligible for one hundred forty-four (144) hours of vacation each year. The basis will be twelve (12) hours of vacation for each month of employment, not to exceed a maximum accrual of three hundred twenty (320) hours.

An employee having more than fifteen (15) years’ service with the Company will be eligible for one hundred sixty (160) hours of vacation each year. The basis will be thirteen and one-third (13-1/3) hours of vacation for each month of employment, not to exceed a maximum accrual of three hundred twenty (320) hours.

An employee having more than twenty (20) years’ service with the Company will be eligible for two hundred (200) hours of vacation each year. The basis will be sixteen and two thirds (16-2/3) hours of vacation for each month of employment, not to exceed a maximum accrual of three hundred twenty (320) hours.

a. Vacations of forty (40) hours up to two hundred forty (240) hours will be scheduled by the Company for each eligible employee during the Union contract year. Should an employee accumulate two hundred forty (240) hours of vacation time, the Company will schedule vacation for such employee to be taken within the next six

(6) months. Preference as to date is given employees in accordance with their seniority. Such preference can be exercised only once in a calendar year. Vacations of less than forty (40) hours must be approved by the Company at least two (2) working days before the vacation is to start.

b. Available vacation and tentative schedules for same will be posted on a quarterly basis.

c. Vacation payment will be calculated on the basis of an employee’s regular hourly rate, which includes applicable shift and workweek differential and the number of hours in the normal workweek of the plant.

d. If an employee who has completed the minimum eligibility requirements for a vacation retires, resigns, is laid off, is discharged, or dies, he or his survivors will be paid a vacation allowance for any accrued vacation that may be due him.

e. An employee who is recalled following a layoff for reduction in force will be required to work two (2) months following his recall before is again eligible to take a vacation, but will accumulate vacation with pay as provided in this Article.

f. Absence of an employee on his scheduled workday, immediately preceding or following his vacation, may not be excused for any reason except unavoidable circumstances.

g. Employees starting work between the first (1st) and the fifteenth

(15th) of the month will be given credit for the full month, whereas, employees beginning their employment on the sixteenth (16th) day of the month, or any day thereafter, will be given no credit for that month. If termination of employment occurs between the first (1st) and the fifteenth (15th) day of the month, vacation time will be computed to the last day of the previous month.