Attachment_3_-_USW_CBA.pdf

AGREEMENT

BETWEEN

HONEYWELL TECHNOLOGY SOLUTIONS INC. (HTSI)

AND

UNITED STEEL WORKERS (USW)

LOCAL 9292

AT

P&MCLS /Jacksonville, Florida

EFFECTIVE JANUARY 1, 2013

M67004-09-D-0004 Attachment #4

Modification P00036

M67004-09-D-0004

AGREEMENT

BETWEEN

HONEYWELL TECHNOLOGY SOLUTIONS INC. (HTSI)

AND

UNITED STEEL WORKERS (USW)

LOCAL 9292

AT

P&MCLS /Jacksonville, Florida

EFFECTIVE JANUARY 1, 2013

M67004-09-D-0004

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M67004-09-D-0004

CONTENTS

Article / Section Page

I – Recognition 1.01– Preamble

1.02 – No Discrimination

1.03 – Union Recognition II – Recognition of Rights

2.01 – Management Rights

2.02 – No Strikes, Stoppages, Slowdowns, or Lockouts III – Union Security IV – Grievance Handling

4.01 – Representation

4.02 – Grievance Procedure

4.03 – Arbitration V – Access to Premises VI – Seniority

6.01 – Probationary Period

6.02 – Seniority

6.03 – Lay-Off & Recall

6.04 – Permanent Job Openings

6.05 – Temporary Upgrades VII – Pay Provisions

7.01 – General Pay

7.02 – Hours of Work and Overtime

7.03 – Holidays

7.04 – Bereavement Pay

7.05 – Jury Duty Pay

7.06 – Short-Term Military Duty Pay

7.07 – Vacation Allowance

7.08 – Severance / Layoff Pay

7.09 – Call-In / Report-In Pay

7.10 – Paid Absence Allowance and/or PAA

7.11 – Lead Position VIII – Union Business IX – Insurance and Benefits

M67004-09-D-0004

CONTENTS

Article / Section Page

X – Leaves of Absence

10.01 – General

10.02 – Types of Leaves of Absence

10.03 – Return from Leaves of Absence XI – General Provisions

11.01 – Safety and Health

11.02 – Security Requirement

11.03 – Drug Free Workplace

11.04 – Bulletin Boards

11.05 – Educational Assistance

11.06 – Contract Validity

11.07 – Uniforms

11.08 – Job Classifications

11.09 – Discipline and Discharge

11.10 – Special Augmentation Team

11.11 – Work by Non-Bargaining Unit Employees

11.12 – Off-Site Work

11.13 – Subcontracting

11.14 – 401K Plan

11.15 – Incentive / Award Program

11.16 – Tool Reimbursement

11.17 – Dependent Care Assistance Plan

11.18 – Pension Plan

11.19 – Miscellaneous XII – Duration Appendix A Wage Schedules Appendix C – Job Descriptions (To Be Published Separately) Appendix D – Work Rules Signature Sheet Notes

M67004-09-D-0004

ARTICLE I – RECOGNITION

SECTION 1.01 – PREAMBLE

Part A

This AGREEMENT is entered into by and between Honeywell Technology Solutions Inc. (HTSI), hereinafter referred to as the “Company,” and the United Steelworkers, AFL-CIO-CLC, on behalf of Local Union 9292, hereinafter referred to as the “Union”, as representatives of its employees located at Blount Island and BAE on Heckscher Drive, Jacksonville, FL., in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations between the Company and its employees, and a method for prompt and equitable dispositions of grievances, and a method for the establishment of fair wages, benefits, hours, and working conditions for the employees covered hereunder.

Part B

The Union agrees that it will cooperate with the Company to assure a full day’s work on the part of the employees covered under this Agreement, and that it will cooperate with the Company in the introduction or operation of new equipment or changes in processes or other methods of providing services.

SECTION 1.02 – NO DISCRIMINATION

Part A

Neither the Company nor the Union shall discriminate against any employee because of sex, race, color, ethnicity, affectional or sexual orientation, gender identity, physical or mental disability, age, gender, pregnancy, religion, marital status, civil union, covered veteran, national origin or any other legally protected status, or because of union activity. The Union agrees that its representatives will not conduct any union business or other union activity on company time, except as may be provided in this Agreement. Neither the Company nor the Union will discriminate against any employee because of Union membership.

Whenever the male gender is used in this Agreement, it shall include the female gender where applicable.

Part B

A Joint Committee on Civil Rights, as it pertains to Equal Employment Opportunity, shall be established. The Committee shall consist of three (3) employees of the Bargaining Unit including the local Union President or his designee and three (3) members of Management. Union representatives on the committee shall be appointed by the Local Union. The Committee shall meet by mutual agreement, as required, and the Company shall pay all committee members for attending such meetings during normal working hours. The Committee shall review matters involving the No Discrimination provision of this Agreement and advise the Company and the Local Union concerning matters discussed. The processing of grievances, however, including those which may arise under this Article, shall continue to be processed under the Grievance Procedure, Article IV.

M67004-09-D-0004

SECTION 1.03 – UNION RECOGNITION

Part A

The Company hereby recognizes the Union as the sole and exclusive bargaining agent for all service, warehouse and maintenance employees, Shipboard maintenance employees, plant clerical employees, truck driver, and driver / messengers employed by the employer on the P&MCLS Program at the Employer’s facilities located at Blount Island and at BAE on Heckscher Drive; excluding administrative coordinators, guards, administrative and confidential employees, professional employees, and supervisors as defined in the National Labor Relations Act, as amended. The Company recognizes the Union as the sole and exclusive collective bargaining agent in regards to wages, benefits, hours, and other terms and conditions of employment, for the employees in the Company’s service operations at Blount Island and BAE on Heckscher Drive, Jacksonville, Florida, as certified by the National Labor Relations Board, Case No.

12-RC-7215, March 5, 1990.

Part B

In the event that the Company loses its bid for continued Maritime Prepositioning Forces (P&MCLS) Program at Blount Island and BAE on Heckscher Drive, the Company shall promptly contact any successor Contractor and furnish the successor’s representative(s) responsible for hiring with information pertaining to each bargaining unit employee limited to the following: The names of such employees; their current address and phone numbers; the last four digits of their Social Security Number;

their seniority date with the Company; and all fringe benefit accruals and balances.

The local Union President will be furnished simultaneously with the same and other material furnished concerning the bargaining unit during this period. The Company will submit the dues check-off service charge forms back to the Union.

Part C

The successor contractor(s) shall:

1) Staff its operations by first hiring exclusively from the pool of bargaining unit employees, by seniority, and classification.

2) Recognize the United Steelworkers as exclusive representatives of such employees.

3) Assume this agreement.

4) Meet with the Union within thirty (30) calendar days to establish orderly collective bargaining relations. Failure of successor contractors to meet with the Union within the thirty (30) calendar day period, will give the Union just cause for the question of Union recognition to be arbitrated between the successor contractors and the United Steelworkers in accordance with Article IV, Section 4.03 of this Agreement.

Part D

In the event that any additional plants, contracts, facilities, or shifts are added to the

M67004-09-D-0004

P&MCLS Contract, in the Jacksonville area, all terms and provisions of this Agreement shall be applicable to such expansion. Any problems arising out of the implementation of this section shall begin in Step Two of the grievance procedure.

Part E

1) The Company agrees that it will check-off once a year and transmit to the International Secretary – Treasurer of the United Steelworkers Political Action Fund (USW PAC) voluntary contributions on forms provided for that purpose by the USW PAC. The amount and timing of such check-off deductions and the transmittal of such voluntary contributions shall be specified in such forms and in conformance with any applicable State and Federal statute.

2) The signing of such USW PAC check-off form and the making of such voluntary annual contributions are not conditions of membership in the Union, or of employment with the Company.

3) The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of, or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this section.

The United Steelworkers Political Action Fund supports various candidates for Federal and other elective office and is connected with the United Steelworkers, a labor organization, and solicits and accepts only voluntary contributions which are deposited in an account separated and segregated from the dues fund of the Union, in its own fund-raising efforts and in joint fund-raising efforts within AFL-CIO and its Committee on Political Education.

ARTICLE II – RECOGNITION OF RIGHTS

SECTION 2.01 – MANAGEMENT RIGHTS

Part A

Except as otherwise expressly provided in this Agreement, nothing herein shall limit the Company in the exercise of the rights and functions of ownership or management.

Accordingly, the Company has, among others, the right to select its supervisory personnel, to hire new employees, to direct the working force, to discipline, suspend, or discharge employees for just cause; to promote, transfer, or lay off employees; to make reasonable rules and regulations as the Company considers necessary or advisable for the orderly and efficient conduct of its business, and to require employees to observe such rules and regulations; to decide the number and location of its work force; to decide and determine the methods, quality standards, and schedules of operation; and to determine and designate all job classifications it has to offer employees.

It is agreed that the enumeration of the rights and functions of Management herein reserved shall not be deemed to exclude other rights or functions of ownership or management not so enumerated. The contract provisions set forth herein shall be the sole source of any rights the Union may assert in arbitration. Management’s rights not abridged are not subject to arbitration.

M67004-09-D-0004

Part B

It is recognized that rules of employee conduct and discipline for employees are necessary for the efficient operation of the plant. Such rules are provided in Appendix C and will also be displayed in the Company’s Bulletin Board. The Company will supply each bargaining unit employee with a copy of the Collective Bargaining Agreement with such rules included. The Company shall also provide the local Union President with copies of the Agreement upon request.

Part C

The Company shall not implement any proposed rules or regulations until the Union has been notified and given an opportunity to discuss same with the Company.

Part D

Harmonious Relations

In order to promote harmonious relations between the parties, in conjunction with Section 6.01 of this Agreement, the Company will provide the local Union President or his designee with copies of the Collective Bargaining Agreement for distribution during the meeting with new employees.

SECTION 2.02 – NO STRIKES, STOPPAGES, SLOWDOWNS, OR LOCKOUTS

Part A

It is the intent of the parties that the procedures outlined in this Agreement shall serve as a means for peaceful settlement of all disputes that may arise between the parties.

Part B

The Union agrees that during the term of this Agreement, it will not cause, sanction, or permit, nor will any member of the Union cause or take part in any strike, sympathy strike, work slowdown or stoppage, sit-down, walkout, or picket, or any curtailment of work, or any restriction of services, or interference with services in any of the Company’s premises.

Part C

The Company agrees that during the term of this Agreement, it will not lockout or exercise any other source of economic force against the employees covered by this Agreement.

ARTICLE III – UNION SECURITY

Part A Deductions shall be made on account of initiation and reinstatement fees, if indicated, from the first pay of the employee after receipt of voluntary authorization. Said

M67004-09-D-0004 deductions shall be made for all employees who have received at least five (5) days’ wages in the preceding calendar month from which membership dues can be deducted; such dues shall be deducted from the next regular month when dues are submitted to the Union.

Deductions shall be made on account of Union dues from the second (2nd) pay of the employee after such receipt of the authorization and by pay period thereafter.

The Company agrees to remit the aforesaid membership dues, together with a list of employee’s gross hours and gross earnings to the financial secretary of the Local Union (list only) forwarded to the Local Union’s office, 435 Clark Road, Suite 301, Jacksonville, Florida 32218-5558, and the International Secretary – Treasurer at the address which he authorizes for this purpose no later than fourteen (14) calendar days after the last payroll in the month has been deducted, with a copy forwarded to the Staff Representative’s office, 13360 West Colonial Drive, Suite 450, Winter Garden, Florida, 34787.

AUTHORIZATION FORM

Company ______________________________________ Date ________________

Pursuant to this authorization and assignment, please deduct from my pay each pay period while I am in employment with the collective bargaining unit in the Company, and irrespective of my membership status in the Union, dues, assessment and (if owing by me) an initiation fee such as designated by the International Secretary- Treasurer of the Union.

The aforesaid payment shall be remitted promptly by you to the United Steelworkers International Secretary-Treasurer Stan Johnson, or his Successor, United Steelworkers, or its successor, Five Gateway Center, Pittsburgh, PA 15222.

This assignment and authorization cannot be cancelled for a period of one (1) year from the date appearing above or until the termination date of the applicable collective bargaining agreement between the Employer and the Union, whichever occurs sooner. The applicable collective bargaining agreement is the agreement during the term of which the initial deduction from pay is made, and the procedures which must be followed to revoke or cancel this authorization and assignment are set forth below.

I hereby voluntarily authorize you to continue the above authorization and assignment in effect after the expiration of the shorter of the periods above specified, for further successive periods of one (1) year from such date, and I agree that this authorization and assignment shall become effective and cannot be cancelled by me during any of such years. I further agree that I may cancel and revoke only by an individual written notice which shall be signed by me and received by the appropriate management representative of the facility in which I am then employed not more than twenty-five (25) days and not less than ten (10) days prior to the expiration of any such year or not more than twenty-five (25) days and not less than ten (10) days prior to the termination date of any collective bargaining agreement between the Employer and the Union covering my employment if such date shall occur within one of such annual periods; a copy of any such notice shall be given by me to the Financial Secretary of the Local Union within such fifteen-day period.

While contributions or gifts to the USW are not tax deductible as charitable contributions for Federal income tax purposes, they may be tax deductible under

M67004-09-D-0004 other provisions of the Internal Revenue Code.

Local Union Number __________________ United Steelworkers

Signature __________________________________________________________

Part B

Each employee covered by this Agreement may pay voluntarily to the Union each pay period a service charge as a contribution toward the administration of this Agreement and the representation of such employee. The service charge for the first pay period shall be in an amount equal to the Union’s regular and usual initiation fee and pay period dues, and for each pay period thereafter in an amount equal to the regular and usual pay period dues.

Part C

The Union agrees to indemnify and save the Company harmless against any and all claims, suits or other forms of liability arising out of the deduction of money for Union dues from an employee’s pay. The Union assumes full responsibility for the disposition of the monies so deducted once they have been mailed to the certified International Secretary – Treasurer of the Union or other properly designated officials of the Union.

Part D

The Union agrees that there shall be no collection of dues or service charges, or solicitation for Union Membership at any time on the Company’s work site except during break periods at break areas, and as elsewhere provided for in this Agreement.

Part E

In the event the Union shop becomes legal in the state of Florida, immediately, it shall be a condition of employment that all employees of the employer covered by this Agreement who are members of the Union in good standing on the effective or execution date of this Agreement, whichever is later, shall remain members in good standing, and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on the thirtieth (30) day following the beginning of such employment become and remain members in good standing in the Union (section B becomes null and void.)

ARTICLE IV – GRIEVANCE HANDLING

SECTION 4.01 – REPRESENTATION

Part A

For the purpose of processing grievances, the Company shall recognize fourteen (14) Union stewards, one of which may be designated as the Grievance Chairman; one of which will be located in Jacksonville and be dedicated to Shipboard. No one shall be eligible to serve as a steward unless he is an employee of the Company; and then, not until such time as he has acquired seniority in the Bargaining Unit and is actively employed in the unit. The stewards will be designated to represent employees at those

M67004-09-D-0004 locations as follows:

Maintenance 5 Supply 4 Opns Support 1

NRC 1

NSS 1

Corrosion Control 1 Comm/Elect 1

Part B

A steward shall first represent employees in his own designated location and shall represent employees outside his location only when representation in that area is not available. When a steward has to leave his place of work to handle grievances in his own or another department, he will get permission from his immediate supervisor.

When he goes into another department, he will obtain permission of the supervisor of that department. This permission shall not be withheld.

Part C

The names of the stewards shall be in writing and shall be signed by an authorized representative of the Union and given to the appropriate Company representative prior to their taking office. Each January the union will provide the company an updated steward list that will contain location and contact telephone numbers for all shop stewards. Any additions or deletions to this list that occur during the year will be communicated in writing by the union to the Human Resources Department.

Part D

The Union agrees to keep to a minimum the time required for the handling of grievances during the workday. The Company agrees to pay up to four (4) hours per pay period for each steward for grievance handling through Step One. The Company agrees to pay the Union President, Vice President, Grievance Chairman, Grievant, and cognizant steward for the time spent attending Step Two meetings. Any additional time required beyond these limits per pay period will not be paid by the Company. All time spent away from their work will be kept to a minimum.

Part E

The Company will schedule a meeting every six (6) months during the normal work week with the stewards, President, Vice President, and Grievance Chairman to discuss problems and exchange information affecting the Company. Meetings will be scheduled at least two (2) weeks in advance.

Part F

The President, Vice President, and Grievance Chairman shall have access to any part of the plant areas which they may need to access while investigating a complaint/ grievance. Prior to entering areas other than their work area they will obtain permission of the supervisor of the area they are entering.

SECTION 4.02 – GRIEVANCE PROCEDURE

If a grievance or dispute should arise between the Company and the Union with respect

M67004-09-D-0004 to rates of pay, wages, hours of employment, or other conditions of employment, such grievance or dispute shall be taken up only in accordance with the procedure outlined herein. Such grievance or dispute shall be presented to the management personnel involved in the alleged grievance/dispute and will be advanced to a higher level of management in each succeeding step of the procedure.

Part A

When a complaint arises, an employee and steward may take it up orally with the immediate manager/supervisor involved; if no resolution is reached, then it shall move to the first step of the grievance procedure.

STEP ONE: An employee and steward having a complaint shall present such complaint in writing to the immediate manager/supervisor involved within ten (10) working days after the employee was aware of or should have been aware of the act or omission of the Company which is the basis of the complaint. The written grievance shall contain the following:

1) A statement of the grievance, the facts upon which it is based and the date of the alleged violation.

2) A statement of the remedy or corrective action requested of the Company.

3) The Article and Section of the Agreement claimed to have been violated.

4) Name(s) of grievant(s) who is filing the grievance.

The manager/supervisor shall answer the complaint in writing and the filing steward will receive said answer within ten (10) working days following receipt of the written complaint. The settlements of an issue at Step One shall not prejudice the position of either party or establish precedent for the future.

STEP TWO: If the answer to Step One is not satisfactory to the Union, then within fifteen (15) working days after the steward has received the manager’s/supervisor’s answer, the Local Union’s Grievance Chairman or President will advise the designated Human Resources Representative by letter of his desire to appeal. Discussion of the appealed grievance shall take place at the earliest date of mutual convenience following receipt of the notice of appeal, but not later than ten (10) working days thereafter. The Local Union President, Vice President, Grievance Chairman, Grievant, and cognizant Steward will meet with the Company’s designated Human Resources Representative and cognizant manager/supervisor. The Company’s designated representative will give his answer in writing and it will be received by the Grievance Chairman and/or President no later than fifteen (15) working days after the Step Two Meeting.

Part B

General Provisions:

1) In the event of failure by the Company to meet any grievance time limits provided in this Article, the case shall be considered awarded to the grievant(s), without prejudice or precedent.

2) In the event of failure by the Union to appeal any grievance within the time limits provided in this Article, the case shall be considered closed without prejudice or precedent, and the Company will have no responsibility to further consider that grievance.

3) In no event shall a decision or award upon a grievance be made effective

M67004-09-D-0004 retroactively for any period prior to thirty (30) working days beyond the date a grievance was filed or a written extension was granted at the First Step, except in respect to a complaint or grievance relating to a payroll check, in which case the time limitation is the payroll period covered by such check.

4) Periods within which any of the acts required in this article are to be performed may be extended by written agreement between the Company and the local Union President.

5) In the event the Union is dissatisfied with the Company’s final disposition the grievance may be appealed to arbitration in accordance with the terms of this Agreement.

6) In settlement of grievances, checks will be made within ten (10) working days of settlement of the grievance.

SECTION 4.03 – ARBITRATION

Part A

Any grievance not settled in Step Two of the grievance procedure herein may be submitted to an impartial arbitrator in accordance with the terms of these provisions.

Notice to appeal any such grievance to the arbitrator shall be filed in writing with the other party within thirty (30) working days after the final decision has been given by the Company in writing; otherwise, such grievance shall be considered settled/closed.

Once a grievance has been appealed to arbitration, the appealing party shall request an arbitrator’s panel within thirty (30) working days (excluding Saturday, Sunday and holidays). If such panel is not requested within thirty (30) working days, such grievance shall be considered settled/closed. Upon the appealing party’s receipt of the arbitrator’s panel and submittal to the other party, the parties shall agree to an arbitrator by the method outlined in Part B of this article within thirty (30) working days (excluding Saturday, Sunday and holidays). This time frame may be extended by mutual agreement, in writing, by both parties.

Part B

Representatives of the Union and the Company will meet to select an arbitrator. In the event the parties are unable to agree on an arbitrator, then either or both parties may request assistance from the Federal Mediation and Conciliation Service. In the event the parties cannot agree on an arbitrator, its choice shall be made by the alternate strike method. The person whose name is not struck shall be named as arbitrator. The determination of who goes first shall be on a rotation basis. After a case on which the arbitrator is empowered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent. An arbitrator for a particular hearing shall be notified by the parties of the time and place for the hearing, which time and place shall be mutually agreed to. Each party may submit pre- and post-hearing briefs to the arbitrator, which state the position of the parties and furnish to the arbitrator any arguments in support thereof. If either party submits briefs or other written arguments to the arbitrator prior to, during, or following the hearing, the other party will be furnished with copies of such material simultaneously with its being furnished to the arbitrator.

Part C

The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, or any other terms made supplemental hereto, or to arbitrate any

M67004-09-D-0004 matter not specifically provided for by this Agreement, or to arbitrate any new position into this Agreement.

In a disciplinary layoff, suspension or discharge case, the arbitrator shall have the power to adjudge the guilt or innocence of the employee involved and review any penalties imposed on employees, and to modify or amend penalties, if in his judgment the penalty is too severe. If the arbitrator adjudges the employee innocent of the offense for which he was disciplined or discharged and awards back pay, the Company shall reinstate the employee in full with accumulated seniority and pay him back wages to which he would have been entitled.

Part D

The arbitrator shall render his decision within thirty (30) calendar days after the closing of the proceedings. The award shall be signed by the arbitrator, and copies of the award shall be delivered or mailed to each of the parties.

There shall be no appeal from the arbitrator’s decision, which shall be final and binding on the Union and its members, the employee or employees involved covered by the Agreement, and the Company.

Part E

Regardless of the outcome of any matter submitted to arbitration, costs thereof shall be borne by the Company and the Union, share, and share alike. Such costs shall be limited to the cost of requesting panels, arbitrator’s fees, and arbitrator’s expenses.

The cost of any additional services required by either party shall be borne by the party requesting these additional services.

ARTICLE V – ACCESS TO PREMISES

Authorized representatives of the Union shall have access to the Company facility during working hours upon prior notification to the Company’s designated representative.

The Union recognizes that the prior approval of the customer may be required prior to obtaining access to premises.

ARTICLE VI – SENIORITY

SECTION 6.01 – PROBATIONARY PERIOD

Any employee who has been in the employment of the Company (and the predecessor contractor, if applicable) for one hundred-twenty (120) consecutive calendar days shall be considered a seniority employee of the Company and seniority is retroactive to his starting date. During the probationary period the employee shall be subject to layoff, discipline, or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure. During all new employees’ initial employment process, the local Union President or his designee(s) will be allowed time to familiarize employees with the Local Union servicing such represented employees.

SECTION 6.02 – SENIORITY

Part A

Unless otherwise addressed and/or stated in this Agreement, site seniority shall prevail

M67004-09-D-0004 in all cases. Seniority means the length of any employee’s unbroken service with the Company, (and the predecessor contractor, if applicable) since date of employment or re-employment, whichever is later.

Part B

Two (2) types of seniority shall be recognized:

(1) Company Seniority: Company seniority is defined as the length of an employee’s continuous service credit with the Company (and the predecessor contractor, if applicable), since date of employment or re-employment, whichever is later.

Company seniority shall apply for all articles when not in conflict in determining most senior within the bargaining unit.

(2) Site Seniority: Site seniority is defined as the length of the employee’s unbroken bargaining unit service with the Company (and the predecessor contractor, if applicable) at the P&MCLS facility. Site seniority shall apply for all articles in determining seniority within the bargaining unit.

Site seniority for employees having the same employment (seniority) date will be established on the basis of the employee’s last four digits of his/her social security number. The employee having the lowest number will be considered most senior. In the event more than two (2) employees have the same employment (seniority) date, rank will be determined on this basis, in lowest to highest order.

Part C

All seniority of any employee shall terminate if the employee:

1) Resigns.

2) Is discharged for just cause.

3) Is absent three (3) consecutive working days without reporting the cause of such absence in accordance with Company procedures, unless just cause is furnished to the Company.

4) After reporting an absence, remains away from work for more than seven

(7) working days, without an authorized leave of absence, unless just cause is furnished to the Company.

5) Fails to report for work from layoff within ten (10) working days after receipt of notice to report, unless cause is furnished.

6) Fails to return the first working day after completion of any authorized leave of absence from work unless just cause is furnished to the Company.

7) Engages in other gainful full-time permanent employment while on authorized leave of absence.

8) Is on layoff status in excess of twenty four (24) months.

The company will furnish the Union with a seniority list monthly if requested by the Union.

An employee’s service shall not be considered broken by absence:

1) While on vacation.

2) While on Company authorized leave of absence.

3) While on lay-off not in excess of twenty four (24) months.

4) While absent because of disability due to sickness or accident.

5) While absent for personal leave under this Agreement.

M67004-09-D-0004

Part D

Employees for classification relevant training will be selected by the Company based on it’s needs according to seniority within section. If a selected individual fails to meet all requirements for successful completion of a training and / or is unable to provide information acquired in training effectively to either on- or off-site HTSI employees, that individual will be removed from consideration for future training opportunities for a period of twelve (12) months.

If such training needs cross sections or departments, every effort will be made to observe site seniority rights in assigning such training when this does not interfere with program needs. The Union and the Company will discuss special considerations regarding training.

Part E

Consistent with other provisions of the contract, employees shall be allowed to select their shifts by site seniority within classifications. Employees shall have the opportunity to transfer from one shift to another one (1) time a year (12 months). New employees hired by the Company may be assigned to the day shift for their probationary period.

Thereafter, they shall be assigned to either the afternoon or the night shift if there are more senior employees working on either of those shifts who desire the day shift. Such changes shall be made within thirty (30) days of written request.

Part F

In order to provide representational support, the local Union President, Vice President, Recording Secretary and Grievance Chairman shall, upon request, be assigned to the shift which has the largest number of bargaining unit employees provided there is work for which they are qualified and which they are able to perform.

SECTION 6.03 – LAY-OFF & RECALL

Part A

In the event a reduction in the workforce is necessary, all temporary employees will be removed from the workforce first. If a further reduction is necessary, all probationary employees shall be laid off, then the employee(s) with the least amount of site seniority, within classifications, will be laid off.

In the event a reduction in the workforce is necessary for shipboard afloat employees, the employees(s) with the least amount of site seniority within a classification(s) within the squadron will be laid off. Site seniority within the squadron will be defined as ship assignments within MPS I, MPS II, or MPSIII.

Part B

An employee notified of layoff may displace any employee with the least Bargaining Unit seniority in any classification whose job he is qualified to perform.

A shipboard afloat employee notified of layoff may displace any shipboard afloat employee within the same squadron with the least amount of site seniority within classification within the squadron as defined in Part A in any classification whose job he is qualified to perform.

M67004-09-D-0004

Per the P&MCLS contract, the customer will approve all changes in shipboard afloat personnel that occur as a result of this section.

Part C

An employee who bumps into another job classification shall be paid the rate of pay of the classification he bumps into and shall hold recall rights.

Part D

The initial and resultant bumping must occur simultaneously so that there will be no delay in the procedures. The total process should normally be completed within fourteen (14) working days. An employee desiring to displace another employee must notify the Human Resources Manager that he wants to exercise his bumping rights under this procedure on a form supplied by the Union.

Part E

Employees will be recalled based on seniority, to the first open position for which they are qualified, in the reverse order of their layoff. Recall notification will be by certified mail. The Company will be entitled to rely upon the current address of an employee as shown in the Company records. All probationary employees shall return with the same time accrued. Employees who accept a position into another classification shall maintain recall rights to the classification from which the employee was laid off, provided the employee notifies the company of their interest to return when a job bid for that classification is posted.

Part F

The Union will be given notice of any reduction in force within 24 hours of the Company receiving notice of such reduction. The Company will provide the Union with a written summary of employee layoffs and bumping thereto. Notice will also be provided to the Union of employee recalls and their departmental assignment.

Part G

In order to provide representational support, the local Union President, Vice President, Recording Secretary and Grievance Chairman shall be the last to be laid off in the bargaining unit, and the shop stewards shall be the last to be laid off in their respective departments.

SECTION 6.04 – PERMANENT JOB OPENINGS

Part A

When vacancies occur, the Company will select the senior qualified employee(s) who bid on the vacancy for promotion into a higher classification, transfer within the same classification, or transfer to a lower classification.

In the event that there are no qualified employee(s) who bid on the vacancies, the Company shall fill the vacancy from outside the bargaining unit.

Part B

All job openings will be posted for six (6) working days.

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1) Employees wishing to be considered for each opening shall submit a completed bid to their immediate supervisor on a form supplied by the Company.

2) There will be no job postings for classifications where employees in that classification are on a reduction in force/layoff.

3) The Company will post the name and badge number of the successful bidder(s) within five (5) working days after the closing date of the bids, unless extended by the agreement of both parties.

4) The successful bidder will receive pay at the new rate no later than fourteen

(14) calendar days from the date on which the position is accepted.

5) The Company shall provide the Union with a listing of all CBA employees who applied for the vacancy prior to the interview process.

Part C

Employees who successfully bid on an internal posting shall remain in that position for a minimum of twelve (12) months before being eligible to bid on another position unless the posting represents a pay increase for the employee or a pay reduction. If the posting represents a pay increase or a pay reduction, employees may move at any time. Deviations will be reviewed by the Department Manager, Union President and HR Manager. For purposes of Article VI, section 6.04 part C, the term “employees” also includes “new hires.”

Part D

Shipboard personnel can only post for a job opening upon completion of their shipboard assignment or in compliance with their shipboard agreement.

Part E

Lead job classifications will have the following language added to their job descriptions:

A lead person is charged with the responsibility of leading, directing, and/or approving and reviewing the work of other employees, and is responsible for the quality and quantity of work within the group led. The lead person is not to assume any supervisory prerogatives, rather the lead person is specifically responsible to ensure that the supervisor’s directives are implemented in a timely, efficient manner.

The lead person will not establish work standards within the group or discipline any employee. This is a working position.

The Lead will have no disciplinary authority over other bargaining unit employees.

SECTION 6.05 – TEMPORARY UPGRADES

When a need for a temporary upgrade occurs, then a temporary upgrade will be provided to the most senior employee possessing the qualifications and certifications, as required, to perform the task within the Section/Branch/Department/Plant Wide, respectively. (See Appendix B)

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ARTICLE VII – PAY PROVISIONS

SECTION 7.01 – GENERAL PAY

A schedule of job classifications and wages is attached hereto as Appendix “A”, and is by this reference made a part of this Agreement. The sole purpose of this schedule is to fix the rates of pay for employees in the various classifications. The Company agrees that employees shall be classified in accordance with the work they are performing.

a) Employees shall be classified in accordance with their normal job assignment and shall receive the rate of pay for such job.

b) An employee will not be required to do work in more than one classification at a time. However, it is recognized that an employee may temporarily perform some of the work of higher rated classifications (other than the primary job functions of the higher classifications as defined by the job description), and some of the work of lower rated classifications at the employee’s same rate of pay. The normal duties of an employee may include assistance to others. No employee shall have the right to refuse to perform assigned work unless the employee refuses on the basis of safety, or chooses not to be upgraded. If no employee(s) elect(s) to take the upgrade, then the junior qualified employee(s) will be required to perform the work assigned.

c) If an employee elects, or is required to perform the primary job functions of the higher classification as defined by the job description, the employee will be paid the higher rate.

SECTION 7.02 – HOURS OF WORK AND OVERTIME

Part A

This Agreement shall not be construed as guaranteeing any employee a specific number of hours of work per day or per week. Further, the Company shall not be limited in the exercise of its rights to require an employee to work overtime. The Company will not exercise this right in an arbitrary manner. There will be no pyramiding of overtime or premium rates provided for in this agreement, except as may be required by Federal, State or Local Law.

Part B

A day (including Saturday and Sunday) is the 24-hour period beginning with the start of the employee’s shift. The “basic work day” is eight (8) consecutive hours of work in the 24-hour period, broken only by the established lunch period. Normal working hours shall be 7:00 a.m. – 3:30 p.m.

Part C

The “work week” is made up of seven (7) days, Monday through Sunday. The normal work week is made of five (5) days, Monday through Friday.

Part D

The Company will endeavor to arrange regular shifts and work schedules mutually satisfactory to both parties and will not make indiscriminate changes of such schedules.

Regular shifts and work schedules are subject to change based on operational needs

M67004-09-D-0004 and customer direction.

Part E

Employees who are assigned to the second shift (afternoon) shall receive a shift premium of fifty cents ($0.50) per hour for each hour worked on the second shift.

Employees who are assigned to the third shift (night shift) shall receive a shift premium of fifty-five cents ($0.55) per hour for each hour worked on the third shift.

Part F

A shift starting on or after 5:00 a.m. but before 12:00 noon is a first (or day) shift. A shift starting on or after 12:00 noon but before 9:00 p.m. is a second (or afternoon) shift. A shift starting on or after 9:00 p.m. but before 5:00 a.m. is a third (or night) shift.

Part G

A shift will be considered as worked on the calendar day on which it begins. A shift that begins at 12:00 midnight will be considered as the third shift of the day before.

Part H

There will be two (2) paid rest periods of ten (10) minutes each in duration during each eight (8) hour work day. Such rest periods will be scheduled so that they fall during the first and second half of each work shift, respectively. In addition, a five

(5) minute paid wash up period will be provided at the end of the employee’s shift.

If overtime is worked, the Company will provide one (1) additional ten (10) minute paid rest period for those employees working two (2) hours of overtime at the nine

(9) hour mark. For twelve (12) hour shifts a ten (10) minute paid rest period will be taken at the eleven (11) hour mark; for sixteen (16) hour shifts an additional ten (10) minute paid rest period will be taken at the thirteen (13) hour mark. Note: A five (5) minute wash up period will be provided at the completion of any overtime work period.

Part I

1) When overtime is required, the employee performing the task may be assigned the overtime as a continuation of duty (Note: Continuation of work is not applicable to the weekend.). If the employee elects not to accept the continuation overtime, the overtime will first be offered by seniority to employees in the classification within the section and then by seniority to employees who meet the qualifications of the classification within the Section/Branch/Department/Plant Wide.

2) When overtime is required which is not a continuation of duty assignment, the overtime will first be offered by seniority to employees in the classification within the section and then by seniority to employees who meet the qualifications of the classification within the Section/Branch/ Department/Plant Wide.

3) The Company is not required to call employees on vacation or other excused absences for overtime available on the same work day.

The Company is not required to offer overtime to employees on approved vacation or other excused absences of six (6) or more day’s duration.

Employees who take vacation or other excused absences of five (5) days

M67004-09-D-0004 or less duration who want to work weekend overtime will inform their manager/supervisor on their 118 of their commitment to work offered weekend overtime prior to taking vacation and will provide a phone number where they can be reached. If an answering machine is to be used, the employee must state this in the notification. If overtime is required, management will contact the employee using the provided telephone contact information. Once notified by management either telephonically or by answering machine message, the employee will be required to be at work at the designated time. Failure to do so will result in attendance related discipline and/or refusal of work assignment discipline.

Employees who fail to fully and accurately complete all sections of the 118 relevant to availability for overtime during vacation or PAA will not be contacted.

Part J

1) Time and one-half shall be paid for:

a) Hours worked in excess of eight (8) hours in a day.

b) Hours worked in excess of forty (40) hours in a work week.

c) Hours worked on the sixth day of work within the work week provided the employee has previously worked or been paid forty (40) hours in the work week.

2) Double time shall be paid for:

a) Hours worked in excess of twelve (12) hours in a day.

b) Hours worked on the seventh day of work within the work week provided the employee has previously worked or been paid forty (40) hours in the work week.

Paid time is counted as time worked for the purpose of computing overtime. The Company will not pay premium time for unworked hours. Company paid Union business by the local Union President, Vice President, and Grievance Chairman shall be counted as hours worked.

SECTION 7.03 – HOLIDAYS

Part A

All employees shall receive holiday pay for each of the following designated holidays:

Personal Day New Year’s Day Martin Luther King Jr’s Birthday Memorial Day Independence Day Labor Day Veterans’ Day Thanksgiving Day Day After Thanksgiving Day Working Day before Christmas Christmas Day

NOTE: The use of the Personal Day is to be scheduled at least one (1) day before the desired date. The employee’s request for Personal Day will be approved based on production/operational needs.

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In the event that a holiday falls during an employee’s vacation period, the employee shall receive holiday pay in lieu of vacation pay for that day.

Part C

Two times the straight time rate of pay will be paid for all hours of work performed on a holiday.

Part D

All employees shall receive holiday pay based on eight (8) hours at their straight time rate of pay (exclusive of premiums) provided he has worked or been paid his scheduled day before and his scheduled day after the holiday or has a Company preapproved authorized absence the day before and/or the day after the holiday. Employees on leaves of absence, layoff, disciplinary absence or any unauthorized absence will not be paid holiday pay.

Part E

Should any of the above days fall on a Saturday, the public practice of observing holidays on the previous Friday will be observed. Should any of the above days fall on Sunday, the public practice of observing holidays on the following Monday will be observed.

Part F

Shipboard employees will be allowed to work at their straight time rate or use paid time off while their assigned ship is in port during any holiday in Part A above.

SECTION 7.04 – BEREAVEMENT PAY

If an employee’s current spouse; children of the employee; the employee’s mother, father, or former legal guardian, brother, sister, grandchildren, and grandparents;

parents of the employee’s current spouse; brother or sister of the employee’s current spouse; grandparents of the employee’s current spouse; or any step relationships that may exist in this immediate family definition, dies, the Company will grant time off from work for up to four (4) consecutive working days with pay for the purpose of attending the funeral. If the funeral is more than 200 miles, the employee may be granted an additional day off with pay to attend the funeral. Payment will be made at the employee’s straight time hourly rate for the hours which the employee was scheduled to work during such period. Since the intent of this clause is to enable an employee to attend a funeral without loss of straight time pay for hours he otherwise would have worked, no paid leave of absence will be allowed if the employee does not attend the funeral. The Company reserves the right to request reasonable proof of attendance at the service.

In case of death of an employee, payment will be made to the estate of the deceased…