M.2 WD CBA 2022-134 Virginia.pdf

Agreement

Between

INTERNATIONAL ASSOCIATION OF MACHINISTS

And AEROSPACE WORKERS, AFL-CIO

LOCAL LODGE 2552

DISTRICT 2020

AND

Jacobs Technology, Inc.

O&M CONTRACT

11/01/2021-10/31/2024

TABLE OF CONTENTS

Agreement

TABLE OF CONTENTS

AGREEMENT

ARTICLE 1 RECOGNITION AND CERTIFICATION

ARTICLE 2 NON-DISCRIMINATION OR OTHER UNLAWFUL EMPLOYMENT PRACTICES

ARTICLE 3 UNION REPRESENTATION

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 UNION DUES

ARTICLE 6 SAVINGS CLAUSE

ARTICLE 7 INITIAL REVIEW PERIOD

ARTICLE 8 STRIKES AND LOCKOUTS

ARTICLE 9 EMPLOYEE RESPONSIBILITIES

ARTICLE 10 SAFETY AND HEALTH

ARTICLE 11 GRIEVANCE AND ARBITRATION

ARTICLE 12 SENIORITY

ARTICLE 13 HOURS OF WORK

ARTICLE 14 ABSENCE FROM WORK

ARTICLE 15 LEAVE OF ABSENCE

ARTICLE 16 HOLIDAYS

ARTICLE 17 PAID TIME OFF

ARTICLE 18 WAGE RULES

ARTICLE 19 OVERTIME

ARTICLE 20 HEALTH, WELFARE AND PENSION

ARTICLE 21 TRAVEL

ARTICLE 22 HAZARDOUS DUTY

ARTICLE 23 DISCIPLINE

ARTICLE 24 TRAINING

ARTICLE 25 CROSS CLASSIFICATION WORK (CROSS CRAFTING)

ARTICLE 26 WORK LEADERS

ARTICLE 27 DRUG/ALCOHOL FREE POLICY

ARTICLE 28 NON_BARGAINING UNIT EMPLOYEES WORKING

ARTICLE 29 SUCCESSOR CLAUSE

ARTICLE 30 DURATION

ARTICLE 31 FINALITY

APPENDIX A

AGREEMENT

The Agreement made effective the 1st day of November 1, 2021, by and between Jacobs Technology, Inc (hereinafter referred to as the “Company”), and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 2020, Local Lodge 2552 (here-in-after referred to as the “Union”) covering certain employees of the company employed at National Aeronautics and Space Administration facility at the Wallops Flight Facility, Wallops Island, Virginia, and assigned under NASA Contract No. NNL13AA14C and its successor contractors as successor contractors are defined under the Service Contract Act.

ARTICLE 1

RECOGNITION AND CERTIFICATION

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

B. The Company agrees to recognize the Union as the exclusive collective bargaining agent for all of its employees employed at the Wallops Flight Facility and its successor contractors as successor contractors are defined under the Service Contract Act. All full-time maintenance and service employees including plant clerical employees employed by the Employer at Wallops Island, Virginia, referenced in Appendix A, excluding all office clerical employees, professional employees, and supervisors as defined in the Act.

ARTICLE 2

NON-DISCRIMINATION OR OTHER UNLAWFUL EMPLOYMENT PRACTICES

A. The Company and the Union mutually agree that there shall not be any discrimination, interference, restraint or coercion by either party against any employee because of his or her membership or non-membership in the Union. There shall be no harassment or discrimination against any employee exercising his right to file a grievance or because of his serving as a Steward or Officer of the Union.

B. The Parties shall not discriminate against or engage in unlawful treatment of any employee or applicant for employment by reason of race, color, creed, religion, sex, national origin, age, disability, veterans status, citizenship, sexual orientation, gender identity, marital status, genetic information or any other characteristic protected by federal, state or local applicable Law prohibiting employment discrimination or other unlawful employment practices, including but not limited to such acts as would violate federal. state or local law(s).

1. All references to “employee”, “employees”, “man”, or “men”, “he”, “him”, or

“his”, in this Agreement refer to both male and female employees. The terms are used for sole purpose of brevity and clarity of language construction only, and do not imply or refer to sex or gender in any way what so ever.

2. Each employee shall adhere to the provisions and intent of Section B of this

Article, in his dealings with fellow employees, suppliers and customers of Company under its contract no. NNL13AA14C and its successor contracts are defined under the Service Contract Act.

ARTICLE 3

UNION REPRESENTATION

A. The Company will recognize five (5) Stewards from the group of full time employees within the bargaining unit who have satisfactorily completed their probationary period; the Union will specify the selected Stewards in writing to the Company, one of whom will be a Chief Steward.

B. In exercising their responsibilities to the bargaining unit employees, the stewards will first notify their respective Superintendent or Supervisor prior to leaving their assigned work area.

The Stewards shall guard against the use of excessive or unnecessary work time and will not unduly interfere with the operations of the Company, and not interfere with performance of the Company’s contract with NASA.

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

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

E. The chief steward will have a mailbox, which the Company shall use to distribute needed paperwork. This paper work will include all job postings and seniority lists. Seniority lists will be provided twice each year January 31st and June 30th, with a copy sent to the District Lodge office (electronically if available). The Company will also provide a list of new employees hired into the bargaining unit to the Chief Steward within two weeks of the employees’ start date. Seniority lists shall include (if known): Name, Phone Number, Date of Hire, Classification, Wage Rate, Shop and Shift. The Union shall also be entitled to a current copy of the Seniority Lists for adjusting of grievances.

F. Each section represented shall have a Union bulletin board for the purpose of displaying job postings and other Union business. The sections are as follows:

Mechanical Section

Electrical Section Alteration and Modification section Waste Water Plant

ARTICLE 4

MANAGEMENT RIGHTS

A. The Company shall have the full and exclusive right of management of the business, including, but not limited to, the direction of the workforce, the right to plan, direct and control all business operations, assignment of duties, scheduling of all hours of work, right to hire, suspend or discharge for just cause, promote, demote or transfer, on the basis of qualifications, performance, ability, skills, and/or seniority, as shall be determined by the Company unless otherwise provided in this agreement, the right to lay off employees because of lack of work or other business reasons, change or eliminate existing jobs or to create new jobs, to promulgate reasonable work and/or safety rules (effective upon posting; provided, however, the Company must provide a copy of any changes to the Union Representative at least seven work days in advance of the effective date), and the right to perform work of any kind or nature.

B. The foregoing enumeration of the Company’s rights shall not be deemed to exclude other rights, including preexisting rights and right it has by law and otherwise, which do not conflict with the provisions of this agreement. Nothing in this agreement shall limit or be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management including the right to make such agreements and enter into such subcontract agreements as it may deem necessary for the successful operation of its business and performance of Indefinite Delivery Indefinite Quantity work which may be assigned by the government.

ARTICLE 5

UNION DUES

A. The company agrees to deduct union dues or service fees levied by the International Association of Machinist and Aerospace Workers in accordance with the constitution and bylaws of the union from the pay of each employee who is or who makes application to become a member of the union, or elects to pay a service fee, within the scope of the bargaining unit as covered by this agreement with the “Authorization of Check-off of Dues” form set forth below, has authorized the company to do so.

B. Upon delivery to the Company of a lawful and valid written check-off authorization; signed and dated by the individual employee the Company will deduct from his/her pay each month initiation fees, if any, and regular Union dues in an amount fixed by the Union. The Company shall forward all dues deductions to the Designated Union Official not later than 15 days following the month in which the dues were deducted. The Union shall inform the Company any time that an employee revokes a dues deduction authorization. The Company shall not revoke an employee’s dues deduction without written authorization from the IAM authorized representative.

C. The form of such authorization for deduction of dues shall be the most current form as determined by the IAM. All employees may authorize dues deduction after the 90th day of employment.

D. The Union agrees to indemnify and hold the Company harmless against any and all claims, demands, suits, attorneys’ fees and cost by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article, or in reliance upon any list or notice of assignment furnished by the Union under any provision.

ARTICLE 6

SAVINGS CLAUSE

A. Should any part or provision of this Agreement be rendered invalid by final judgment of a court of competent jurisdiction by reason of any existing or subsequently enacted legislation, and/or should a change in the law have the effect of invalidating or materially altering the obligation of a Party under the terms of this Agreement, such invalidation or alteration of any part or provision hereof shall not serve to invalidate the remaining provisions, and they shall remain in full force and effect for the term of this Agreement.

B. Upon such invalidation or alteration the parties agree to attempt to negotiate a substitute provision(s) for such parts or provisions rendered or declared illegal. In the event the parties are unable to agree upon such substitute provisions the dispute may at the request of either party be referred to a mediator or arbitration for expedited resolution.

ARTICLE 7

INITIAL REVIEW PERIOD

A. An employee who has never accrued seniority under this agreement or predecessor agreements between the Company and the Union, or an employee rehired after termination of seniority shall be in initial review status until completion of (90) ninety days employment. An employee in initial review status shall not be covered by the terms and conditions of this Agreement. The discipline or discharge of an employee who is in initial review status shall not be in violation of this Agreement, and shall not be subject to the grievance and arbitration provisions of this Agreement. However, an employee who is in initial review status shall be eligible on the same basis as other employees for the benefits set out in Articles 15, 17, and 21.

B. Any Initial Review Period interrupted by any approved leave of absence(s) shall automatically extend by the same number of days as such leave of absence(s).

ARTICLE 8

STRIKES AND LOCKOUTS

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

ARTICLE 9

EMPLOYEE RESPONSIBILITIES

A. Employees, regardless of Company affiliation, shall perform work as assigned by managers or supervisors. Bargaining unit employees shall not meet with the government or otherwise discuss the operations or business of the contract or Company with the government without first providing notice and an explanation of what is to be discussed to the Company and the Union.

B. Failure to comply with the requirements for a clearance shall be just cause for discharge of any employee without further recourse by the Union under the terms and conditions of the Agreement. Denial or withdrawal of clearance by such governmental agency shall be just cause for discharge of any employee without further recourse by the Union under the terms and conditions of the Agreement, provided, however, that an employee who has been denied clearance or has had his clearance withdrawn, shall be treated as suspended without pay or benefits, for a period not to exceed thirty days, during with time if the issue that led to the denial or withdrawal are addressed to the satisfaction of the government, the employee will be reinstated.

C. Failure to maintain required certifications and licenses which may be required by a particular classification or employment will be cause for just cause discipline or discharge.

ARTICLE 10

SAFETY AND HEALTH

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

B. When an employee is injured so seriously as to require that an authorized representative of management excuse him from work, he/she shall be paid for the balance of the regular scheduled shift on which the injury occurred.

C. Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examinations as may be directed by the Company. The Company shall pay for each such examination. Should an employee fail to pass the Company’s medical examination and, as a result thereof, is determined by the Company to be unable to perform the duties of his/her job classification, the Company agrees to meet with the Union for the purpose of endeavoring to agree on reassignment of the employee to available work for which he/she is qualified and which he/she is able to perform.

D. If any employee is injured on the job, the Company will notify a Union Steward as soon as possible.

E. The Company Safety Committee shall consist of one (1) member selected by the Union.

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

G. For safety concerns, during extreme hazardous weather conditions, such as hurricanes, employees shall not be assigned to work alone where there is a danger of injury.

H. The Company will provide a total of forty (40) hours of paid time off during the term of this Agreement for one (1) Union appointed Safety Representative to attend Union sponsored Safety Training. Upon request by the Company, the Union shall furnish the Company with proof of attendance.

I. Employees engaged in the performance of snow clearing operations and working outdoors shall receive insulated coveralls, insulated/waterproof boots, and waterproof, cold-weather gloves provided by the Company. Coveralls, boots, and waterproof, cold-weather gloves will be provided to each such employee once during the duration of this Agreement.

J. The Company shall reimburse employees once each calendar year a total of $150.00 toward the purchase of protective footwear. If requested by the Company, the employee shall furnish proof of purchase of such footwear to secure reimbursement.

ARTICLE 11

GRIEVANCE AND ARBITRATION

A. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by a conference between the Supervisor and the employee involved. A Union representative will be given an opportunity to be present. A working problem or personal grievance is defined to be a controversy between any employee, or group of employees, and the Company, involving the interpretation or application of provisions of this

Agreement or supplements thereto only. If not resolved at this informal level, a formal grievance shall be filed and processed in accordance with the steps and time limits and mutually agreed upon extensions specified below. For purposes of this Article, a formal grievance under this Agreement is defined as a written statement by the Union, an individual employee, or group of employees (herein after called “Grievant”) claiming a violation by the Company of the terms of this written Agreement. A formal (written) grievance shall include but not be limited to the relevant facts, circumstances, specific violations of this Agreement.

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

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

Step 1. Any matters of contention between an employee(s) or the Union, and the Company, shall be initially discussed between the employee(s) involved, if any, his/her Steward if the employee so desires, and the employee’s Manager/Supervisor, or his designee. If such matter is not resolved at this informal step, the aggrieved party(s) shall move to step 2.

Step 2. The Steward shall reduce the grievance in writing to the Company’s Program Manager, or his designee, within five (5) working days from the date that Step 1 was completed. When the grievance is presented to the Company’s Program Manager, or his designee, he will have five (5) working days to set up a meeting to discuss the grievance. The Company’s Program Manager, or his designee, will have five (5) working days to give his response to the employee and the Steward. The Steward shall indicate his acceptance or rejection of the decision.

Step 3. If the Steward rejects the decision of the Company’s Program Manager, or his designee, the Steward shall submit the grievance to the Company’s Vice President, Human Resources, or his designee, within five (5) working days. The Union Business Representative, Chief Steward and the Company’s Vice President, Human Resources, or his designee shall meet within five (5) working days to discuss the grievance. The Company’s Vice President, Human Resources shall have ten (10) working days to respond to the Steward after the aforementioned conference.

Step 4. In the event the grievance is not satisfactorily disposed of by recourse in Step 3 of this Article, then the Union may, within thirty (30) calendar days after receipt of the Company’s response request the Federal Mediation and Conciliation Service (FMCS) to submit a list of five (5) impartial arbitrators from which the Union and the Company shall choose one (1) to hear the grievance. Upon receipt of the list of five (5) arbitrators, the Union and Company shall meet and a coin flip will determine which party shall strike first and the striking of names shall alternate until (1) one name remains. Once an Arbitrator has been selected by the Parties, the Initiating Party shall send notice to the selected arbitrator to ensure the arbitrator is able to accept the case. In order to enable the Arbitrator to determine if they will accept the case, the Initiating Party will make clear when contacting the Arbitrator, that the Arbitrator is expected to be able to issue a written decision to the Parties within ninety (90) days of the close of the hearing or ninety (90) days after the Parties have submitted post-hearing briefs, if the Parties have jointly agreed to submit post-hearing briefs. Once the arbitrator has accepted the case, the Initiating Party will make all subsequent arrangements necessary to facilitate the hearing of the grievance.

D. In accordance with Article 24(G) – Discipline, grievances over the termination of an employee shall be instituted at Step 3, within ten (10) working days of the termination.

E. The Arbitrator shall not have the authority to alter, amend, add to, modify, omit, or otherwise change the terms and provisions of this Agreement and associated written Agreements thereto (ex. Letters of Agreement, Memorandums of Understanding) and his/her decision shall be limited to the particular grievance in question. The Arbitrator's scope shall be within the four (4) corners of this Agreement(s) as written. The arbitrator’s decision shall be final and binding upon the parties.

F. The Union and the Company shall equally share the expenses and fee of the neutral arbitrator, including any mutually agreed upon services relating to the arbitration proceedings. If a court reporter is employed but is not required by the Arbitrator, each Party requesting a copy of the hearing transcript shall proportionately share in the cost of this service or shall not receive a copy of said transcript. Each party shall make all arrangements, including pay and/or expenses of any witnesses called or other representatives or persons requested to attend any arbitration hearing. The number of employee witnesses summoned at any one time shall not be greater than the number which can be spared without substantial interference with the operation of the Company’s work.

G. All time limits prescribed herein may be extended by mutual written agreement of the parties.

Failure of the Company to respond to a grievance within the time limits set forth herein shall constitute a basis for the Union escalating the grievance to the next step. Failure of the Union or the employee to process the grievance to the next step within the time limits set forth herein shall render the subject grievance, and any associated claims, void, and any further action on the subject grievance or the said associated claims shall be barred.

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

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

ARTICLE 12

SENIORITY

A. Bargaining unit seniority shall be defined as the length of continuous service, whether employed by the Company or its predecessor, from the employee’s latest date of hire onto the Contract and shall be recognized on a bargaining unit wide basis. In administering this Agreement, the principle of seniority shall be the determining factor in effecting layoffs, and recalls and other areas referenced in this Agreement.

B. Seniority shall be canceled and terminated upon the happening of any one (1) of the following events:

1. Employee quits.

2. An employee is discharged.

3. An employee fails to return to work within ten (10) working days of proof of notice of recall given by the Company by both telephone call and email made and sent to the last known phone number and email address provided by the employee, unless the employee notices the Company of the need to be notified by U.S. Mail on departure.

4. An employee is absent without previously notifying the Company, except in cases of extenuating circumstances. At the discretion of the Company, documents or other means to verify any mitigating factors offered by an employee may be required. Any such required information shall be provided to the Company no later than five (5) working days from the date the information is requested, unless the law provides for extended time limits.

5. An employee overstays a leave of absence, except in cases of extenuating circumstances. At the discretion of the Company, documents or other means to verify any mitigating factors offered by an employee may be required.

Any such required information shall be provided to the Company no Later than five (5) working days from the date the approved leave ends, unless the law provides for extended time limits.

6. An employee engages in other employment of a material and substantive nature, and of a type which he did not engage in before his leave, during an unpaid leave of absence without obtaining the prior written permission of the Company.

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

8. Settlement has been made for total disability.

9. An employee has retired.

10. An employee is promoted or assigned to jobs outside of the bargaining unit covered by this Agreement.

11. An Employee loses a required security clearance, in accordance with the requirements of Article 9.

12. An employee who has been in layoff status in excess of twelve (12) months.

Employees who are ill or have been injured will maintain their seniority for 12 months providing they have qualified for FML and continue to provide the Company with medical documentation and the date they will be able to report to work.

Job Assignments/Vacancies:

D. In making assignments to a job vacancy or a new job, the Company shall consider the desires of the employees. The Company shall post a notice of any such vacancy. Any employee interested in such position shall, within five (5) calendar days of posting submit a bid notice to the Human Resources Representative indicating his qualifications, and work experience for such position.

The Company shall consider those employees who have submitted a bid notice for such position.

If the Company determines that one of the said employees is qualified, or more qualified than another employee(s), it shall assign that employee to such position. In the event the Company determines that more than one employee is equally qualified for such position, the employee with the most seniority, as defined herein, shall be assigned such position. The Company shall notify in writing within Seven (7) days of the closing of the posting, each employee bidding on a vacancy of the Company’s decision concerning that vacancy. In the event no employee signs a bid notice for such position, or if the Company determines that no bidding employee is qualified for such position, then an employee shall be hired/transferred to fill the position. The Company shall have ninety (90) working days after ending an internal posting to fill the position with someone other than existing bargaining unit employee. If after ninety (90) working days, a position has not yet been filled (hired for) the Company must post the job vacancy to the bargaining unit again. If there is a dispute as to the Company’s determination of “qualifications”, after a position is awarded, then the Chief Steward and Project Manager (or designee) shall meet to discuss the nature of the dispute, and attempt to resolve the issue prior to the matter being subject to the grievance procedure. As noted above, ultimately the determination of employee qualifications is at the sole discretion of the Company.

E. Any employee who is awarded a job opening shall undergo a ninety (90) workday trial period in the new position to which he/she is assigned. If, during the trial period, the Company determines that the employee cannot satisfactorily perform the requirements of the new job, he/she shall be returned to their prior position, or its equivalent, and shall receive the applicable rate for such position.

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

Reductions in Force:

F. When a reduction of working forces becomes necessary, employees shall be retained by the Company in accordance with the definition of seniority set forth in this Article, and according to the number of employees the Company determines is necessary within each job classification for the reduced operations contemplated by the company. Recall of employees shall be accomplished by the same procedure in reverse. When the Company initiates recall, it will call the employee at the most current phone number the employee has on file with the Company. The Company will provide the Union a list of those being recalled. The employee is responsible for ensuring the Company has their most recent phone number and email address on file, as well as actively monitoring these communication channels for recall notification from the Company. Once the Company has made these efforts, the employee has seven (7) business days to reply to the Company. Failure to reply by close of business the seventh (7th) business day constitutes an automatic decline of the recall opportunity.

In this instance, the next employee on the recall list may be recalled and the notified/non-responsive employee will be terminated and removed from the seniority list. Failure of the employee to keep the Company advised in writing of his current correct phone number and email address shall relieve the Company of all obligations indicated in this paragraph.

If no qualified employee remains on the recall list, employees in any classification on the recall list who are in a lay off status with active recall rights may apply for the position, and may be awarded the position if, in the Company’s opinion, they meet the qualifications of the job. If no such employees apply within seven (7) days, or if no employee who applies is in the Company’s opinion qualified, a new employee may be hired or assigned to the open position.

G. Any employee within a particular job classification who is affected by a layoff within his job classification may bump, based first upon bargaining unit seniority, any less senior employee in any like or lower rated job classification where the employee seeking to bump a less senior employee is qualified for the position in the like or lower rated job classification. When increasing the work force, those employees who were reclassified at the time of layoff will be returned to their former classifications in line with their seniority as openings occur.

H. Temporary work assignments, of full time employees, will be limited to thirty (30) workdays, unless otherwise agreed to in writing by the Company and the Union.

ARTICLE 13

HOURS OF WORK

A. The normal workweek shall be Saturday through Friday. Nothing in this Agreement shall be construed as a guarantee of hours of work per day or per week; or as a limitation on the Employer's right to require overtime work, except as provided herein. Shifts will consist of eight and one half (8 1/2) consecutive hours. Lunchtime will be as designated by Company Program Manager, or his designee, and last thirty (30) minutes, unpaid. In the event that an employee works outside of his normal workday such employee shall be paid at the applicable overtime rate, not inconsistent with Article 20 herein.

Shift workers will be allowed to eat “dinner” while on duty but may not leave their assigned workstations other than to perform the duties of his/her job. Shift workers will be paid the appropriate shift differential as per appendix “A”.

1. Workweek: The workweek shall consist of seven (7) consecutive days beginning at 12:01 a.m. on Saturday and ending at 12:00 midnight on the following Friday.

2. Workday: An employee's workday shall begin each calendar day at the regular starting time of his assigned shift and end twenty-four (24) consecutive hours later.

The normally scheduled shift starting times for employees shall be:

DAY SHIFT: Between the hours of 5:30 a.m. and 8:30 a.m.

SWING SHIFT: Between the hours of 2:30 p.m. and 6:30 p.m.

THIRD SHIFT: Between the hours of 10:30 p.m. and 1:00 a.m.

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

C. Call In:

In accordance with Article 19 (H) of this Agreement, employees are required to respond to after-hours facility failures.

In the event it is necessary to call an employee to resolve a matter outside of that employee's normal and customary work hours or the employee is called on a day which they are not normally scheduled to work, and that employee is able to resolve the matter remotely with prior Management approval, that employee will be paid a minimum of one (1) hour of pay at the applicable overtime rate. If an employee is called to resolve a matter outside of that employee's normal and customary work hours or the employee is called on a day which they are not normally scheduled to work, and that employee is directed by their Supervisor/Manager or designee to report to the site in order to resolve the matter, that employee shall receive a minimum of four (4) hours pay.

In addition to the provisions above, the employee will receive an additional one ( 1) hour of pay at the applicable overtime rate as compensation for travel-related expenses to and from work, if they are required to report to the work site.

For an employee who is called but cannot be contacted or does not commit to report to the work site before another employee has committed to report to the work site to resolve the matter, that employee shall not receive pay under this Article.

D. The Employer agrees that it will not, without good and sufficient reason, vary the normal starting time of an employee on regular workdays during the workweek, Monday through Friday.

The reasons for the change in starting time shall be discussed prior to the actual change with the employee. The Union Steward will be notified.

E. Employees may make requests, for single days, to modify their daily schedule to address unusual needs or circumstances requiring a flexible schedule for a day. Employees seeking such modifications shall submit a Leave Request Form as soon as possible, and at least 24 hours in advance, noting the change in schedule and the day at issue. The supervisor shall return the request to the Employee noting approval or denial stating the reason(s) why it is being denied.

Decisions to grant or deny requests shall be at the sole discretion of Company management.

ARTICLE 14

ABSENCE FROM WORK

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

B. It is the duty of every employee who, for any reason is unable to report to work as scheduled, or who expects to report to work late, to notify his designated Supervisor(s) as soon as possible and in all cases at least 60-minutes prior to the scheduled starting time, unless for extenuating reasons beyond the employee’s control it is not reasonably possible to do so, of the reasons for the absence and indicating when he/she expects to report to work.

ARTICLE 15

LEAVE OF ABSENCE

A. To the extent permitted by workload commitments, an employee covered by this Agreement may, at the discretion of the Company, be granted a leave of absence, without pay, for a period not to exceed three (3) months. When circumstances permit, applications in writing for such leave of absence, stating the reasons therefore, must be submitted to the Company Program Manager no less than two (2) calendar weeks prior to the first work day of such requested leave.

At the discretion of the Company, extended leaves of absence may be granted for good and sufficient cause, when circumstances permit. No employee benefits shall be accrued during the leave of absence, B. Military Leave - The Company agrees to observe all provisions of present law or laws hereafter enacted relating to its obligations to those of its employees who may leave the service of the Company to enter the Armed Services of the United States.

C. Military Reserve Duty - Annual military leave will be granted employees in accordance with applicable law. Employees must present to the Superintendent a copy of military orders or other certification stipulating the period of service and submit certification as to military pay and allowances received. Such said employee will continue to accrue leave and have all health and welfare benefits paid in full for the duration of such leave. Any required employee contributions will be the responsibility of the employee to resolve with the fund administrator.

D. Funeral Leave - In case of the death of a member of the immediate family of an employee, the employee shall be granted five (5) scheduled workdays off with straight time pay to attend the funeral and tend to administrative details. Members of the immediate family shall be the spouse or domestic partner, children (adopted, foster, legal wards, and children for whom the employee stands "in loco parentis"), stepchildren, grandchildren, and parents.

In the event other members of the employee’s family should die, the employee will be granted three (3) scheduled workdays off with straight time pay to attend the funeral and tend to administrative details. Other members of the employee’s family shall be stepparents’ brother, sisters, grandparents, spouse’s parents, half-brothers and half-sisters brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, and spouse’s grandparents.

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

1. Pay for such time lost shall be computed at the employee’s, straight time base rate of pay. In no event shall payment be made for jury duty performed on the employees’ regularly scheduled days off, holidays defined herein, or for any hours in excess of eight

(8) in any regular work day or hours in excess of forty (40) in any work week.

2. Pay for such time lost shall not, for any employee, exceed a total of hours equal to thirty

(30) regular eight (8) hour workdays in any one (1) calendar year, less any fee or other compensation paid to him/her by the court for such service.

3. To be eligible for payment of jury service pay, an employee must notify his

Superintendent no later than the completion of his regular work shift following receipt by him/her of such notice or summons. Further, he/she shall be ineligible to receive jury service pay until such time as he/she presents to the Company a statement from an official of the court attesting to the date or dates and time of such jury service, and the fee or compensation paid to him/her by the court for such jury duty and provided the hours of jury duty occur during the individual’s regularly scheduled shift or as otherwise provided herein.

a. If a first shift, sometimes known as day shift, the Court releases employee by 11:00

A.M., he shall be required to report to work after release from jury duty. If the Court releases a day shift employee after 11:00 A.M., he shall be required to work his next scheduled workday.

b. If the Court releases a second or afternoon shift employee by 12:00 P.M. he shall be required to work his scheduled shift. If the Court releases a second or afternoon shift employee after 12:00 P.M. he shall not be required to work his scheduled shift on that day.

c. A third shift employee shall not be required to work his scheduled shift immediately prior to his first morning of jury duty. If a third shift employee is released by the Court by 4:30 P.M. and not scheduled for jury duty the following day, he shall be required to work his scheduled shift that night. If the Court releases a third shift employee after 4:30 P.M. he shall not be required to work his scheduled shift that night.

F. Union Business Leave - Upon furnishing the Company reasonable advance notice, wherever possible two (2) weeks, an employee will be granted leave of absence without pay for the purpose of Union business. Such leave is limited to thirty- (30) calendar days but the Company will give consideration for an extension, if required, upon written request to the Company. Such employees may exercise seniority rights to return to their former position. During leaves of thirty- (30) days or less, employees shall retain, and continue to accrue seniority.

When an employee is elected or appointed to a “full time” position in the Union, the Company shall grant a Leave of Absence, without pay or benefits, to the employee for the duration of the elected term. Seniority will continue to accumulate for this employee for up to 12 months. Within the 12 month period, the employee shall be able to return to his/her previous position or equivalent if the previous position no longer exists. Such return shall be subject to all necessary requirements of a new hire.

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

H. Customer Denied Access - In accordance with the Federal Acquisition Regulation (FAR), 1852.242-72 Denied Access to NASA Facilities, the Customer may deny and/or restrict facility access for a portion of a business day or longer. This may mean that some or all employees cannot come to work or may be required to vacate the facility during the course of a workday. The Company must comply with the FAR.

Employees Required to Work: Under the FAR regulation noted above, in some instances it may be necessary to man certain positions in order to meet Customer contractual requirements. For employees required to stay on task or report to work under periods where the Contracting Officer has denied access, those employees will be paid two times (2.0x) their regular straight time hourly rate for all hours worked during any such period.

Employees Not Required to Work: Under the FAR regulation noted above, if the Contracting Officer denies access to the Facility, employees not required to stay on task or report to work during any such period will be entitled to use any accrued and unused paid leave they have available, or may use leave without pay (LWOP) for those hours they may have otherwise normally worked. In accordance with the FAR, in this instance the Company will submit for consideration by the Contracting Officer, a properly documented request for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the contract it has with the Customer. If approved by the Contracting Officer, any such adjustment, claim or remedy will be applied to these employees. At no time will employees be paid under this situation unless and until payment is approved by the Contracting Officer. Employees in a denied access status have the option to apply for State unemployment benefits.

I. Employees on approved leaves of absence shall maintain levels of seniority existing at the commencement of said leave. Employees returning from said leave shall be restored to their former job, or its equivalent, providing such job exists. In the event no such job exists, the returning employee shall have the right to displace another employee with less seniority in any job for which the returning employee is qualified, as determined by the Company in its sole discretion.

J. Under the provisions of the federal Family and Medical Leave Act, the Company and the Union acknowledge that the requirements of this legislation are applicable to bargaining unit personnel covered under the terms of the Collective Bargaining Agreement. Toward that end, it is recognized and agreed that under FMLA, insurance continuation, where applicable, will be provided to employees under the same conditions as active employees including the required payment of employee contributions. Should a dispute arise regarding interpretation of the FMLA provisions, which cannot be resolved by the parties, such issues shall not be subject to the grievance and arbitration provisions of this Collective Bargaining Agreement, but may be referred to a third party for assistance in resolution. Where necessary, when an employee requests a reduced or intermittent leave under the FMLA, the parties agree that the duration of such temporary assignment will not exceed the provision of the FMLA. Transfer provisions will be impacted only to the extent necessary to accommodate the approved employee’s request.

Employees on FMLA shall continue to accrue seniority during such periods. Leave approved and taken under FMLA will not be counted for purposes of discipline. Where these provisions are changed or modified as a result of court or other interpretation of FMLA, the application of such interpretations shall be adjusted to conform to applicable law. Upon request for other than intermittent FMLA, the employee can choose to use his leave (PTO) during his/her FMLA leave.

ARTICLE 16

HOLIDAYS

A. The following days are designated as holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

B. Should any of the above holidays fall on Saturday or Sunday, the Company will observe as the holiday the day determined by NASA Wallops Flight Facility. Any employee who is required to work on the day observed as a holiday shall, be paid at two (2) times the straight time hourly base rate of pay for all hours worked on that day, in addition to eight

(8) hours pay at his straight time base rate of pay. An employee who is required to work on the day observed as a holiday and who does not report to work shall be subject to disciplinary action and shall be ineligible for benefits under this Article for that holiday, unless the failure to report to work was beyond the reasonable control of the employee.

1. Shift workers will use the actual Holiday and not the observed holiday. All shift workers required to work on an actual Holiday Shall receive two (2) times his straight time hourly base rate of pay for all hours worked on that day, in addition to eight (8) hours pay at his straight time base rate of pay.

2. To be eligible for holiday pay, the employee must be in a pay status.

C. An eligible employee who is not required to work on the day observed as a holiday shall receive eight (8) hours pay, exclusive of all premiums, at his straight time base rate of pay.

ARTICLE 17

PAID TIME OFF

A. Each full time employee shall earn Paid Time Off (PTO) for each complete calendar week paid. The amount of Paid Time Off (PTO) which an employee will earn for each calendar week shall be determined by the number of years of continuous service completed by the employee from his most recent date of hire, as defined by the provisions of the Service Contract Act, in accordance with the following chart:

WEEKLY

ACCRUAL

RATE

ANNUAL

ALLOTMENT

YEARS OF SERVICE

2.61 136 HOURS 1st THROUGH 5th YEAR

3.38 176 HOURS 6th THROUGH 11th YEAR

4.15 216 HOURS 12th THROUGH SUCCEEDING

YEARS

B. When scheduling Paid Time Off (PTO) of five (5) consecutive days or more, employees will give at least seven (7) days advanced notice. If two (2) or more employees request the same PTO date(s) and the Company determines to approve some but not all such Paid Time Off (PTO) request for such date(s), the requests of the senior employee(s) shall be honored.

Requests for Paid Time Off (PTO) must be returned to the employees either approved or disapproved within five (5) workdays from…