Ft Rucker CBA

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Attached to
USN T-34, T-44, T-6 Aircraft Maintenance and Logistics Support
Solicitation number
N00019-10-R-0069
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Attachment 117 - Ft. Rucker CBA

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SIKORSKY SUPPORT SERVICES, INC.

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO,

DISTRICT LODGE 75, LOCAL LODGE 2003

http://www.goiam.org/�

Agreement

This Agreement is made and entered into this 1st day of August, 2008, by and between Sikorsky Support Services, Inc. hereinafter called the “Company” and District Lodge 75, Local Lodge 2003 of the International Association of Machinists and Aerospace Workers, hereinafter called the “Union.”

Article 1 Recognition

Section 1.1 Recognition. The Union, having been certified by the National Labor Relations Board in Case No. 15-RC-8739, is hereby recognized by the Company as the exclusive bargaining agent for the employees covered by this Agreement, as set out in Section 1.2.

Section 1.2 Bargaining Unit. The Company and the Union agree that the employees covered by this agreement shall consist of the following: All full time and regular part-time Aircraft Mechanics employed by the Company on the T-34/44 contract working at Cairns Army Airfield Facility, Ft. Rucker, AL. Excluded from coverage are all other employees of the Company, including, but not limited to, office clerical employees, professional employees, temporary employees, guards and supervisors as defined in the Act.

Section 1.3 With the exception of the exclusions from coverage listed in Section 1.2, where there is a reference to “employee” or “employees” in this Agreement, it refers to employees covered by this Agreement as set out in Section 1.2. The use of the pronoun “he” or “his” shall be deemed to include female employees.

Section 1.4 Non bargaining unit personnel may perform the work of bargaining unit employees provided such work does not result in layoff or reduction in straight time hours under the following circumstances: a.) For the purpose of instructing and training employees; b.) Under emergency conditions. The term “emergency” as used in this provision is defined to mean any unforeseen combination of circumstances which would require immediate action; c.) When an employee fails to report to work, and other qualified employees are not available in the classification; d.) Supervisor may perform bargaining unit work when an increase in workload or employee absences may cause the work schedule to be delayed, causing operational problems; e.) Lack of necessary skills required to complete a specific task.

Section 1.5 The Company agrees and it is hereby understood that the Union shall designate and the Company shall recognize one (1) Shop Steward. After obtaining approval from his supervisor, which shall not be unreasonably withheld, the Steward shall perform his duties as Shop Steward during straight time work hours without loss of pay or benefits. The Steward shall be empowered to adjust grievances occurring under his jurisdiction as provided for in the grievance procedure, so long as such adjustments are not in conflict with the provisions of this agreement.

Section 1.6 Subject to existing security regulations, the Business Representative or other authorized Representatives of the Union shall have access to the Company's work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the grievance procedure, and ascertaining whether or not this Agreement is being observed. Before doing so, he/she shall report to the manager or other authorized Company Representative, who shall permit said Representative to enter the Company's premises, provided that such rights shall be exercised reasonably and will not interfere with the normal conduct of the Company's operations. Authorized representatives of the Union must be escorted by a Company Representative at all times they are on Company premises.

Article 2 Management Rights

Section 2.1 The Company retains the sole and exclusive right to manage the business, to direct and control its operation and its workforce, and to make any and all decisions affecting the business, whether or not specifically mentioned in this article and whether or not heretofore exercised as it seeks to achieve and maintain maximum efficiency in its operations as it continues to provide service to its primary customer, the U.S. Navy.

Section 2.2 The parties recognize that the Company's rights include but are not limited to the following: The right to hire, assign, promote, demote, and layoff; transfer from one job classification to another; discipline, suspend, and discharge employees for just cause; select and determine the number of its employees, including the number assigned to any particular work; control, direct and schedule the work force; to maintain discipline and efficiency of employees, to determine when overtime shall be worked; to install or remove equipment; to discontinue the operation of the business by sale or otherwise, in whole or in part at any time; to determine the methods, procedures, materials and operations to be utilized or to discontinue their performance by employees of the Company; to change the processes or types of work to be done in or out of the facility; to increase or decrease the number of work shifts; to change shift starting and ending times; to determine the work duties of employees; to promulgate and enforce rules and regulations; to change, combine or abolish job classifications and to require that duties other than those normally assigned be performed; to determine job content and qualifications; to determine work pace and job performance levels; to set quality and quantity standards and methods of evaluation; and to introduce new or improved methods or facilities, regardless of whether or not the same causes a reduction in the working force; to discontinue work performed by employees of the Company and or to subcontract the same; and in all respects to carry out, in addition, the ordinary and customary functions of management.

Section 2.3 The foregoing statement of the rights of management and of Company functions are not all-inclusive, but indicate the type of matters or rights which belong to and are inherent in management and shall not be construed in any way to exclude other Company functions not specifically enumerated. Any of the rights, powers or authority the Company previously enjoyed or exercised are retained by the Company and may be exercised by the Company, except those specifically abridged or modified by this Agreement.

Section 2.4 The Union recognizes that the Company is a contractor to the U.S. Navy and that the Company is required at all times to meet its contractual obligations to the Navy. Nothing in this Agreement will prevent the Company from meeting its obligations and responsibilities as a Government contractor. The Union and the Company agree to comply with the requirements that the U.S. Navy may impose on the Company and its employees to the degree necessary.

Article 3 Nondiscrimination

Section 3.1 The Company and Union recognize that a harmonious and productive workplace is enhanced through policies and practices, that encourage non-discrimination and equal opportunity. The Company and the Union agree that employees covered by this Agreement may not be discriminated against based on their union activity, or otherwise in violation of the provisions of the Labor Management Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended; the Vocational Rehabilitation Act, as amended; the Americans with Disabilities Act as amended; or within the requirements and limitations of any other California or federal statutes or regulations which affect the employment of employees covered by this Agreement.

Section 3.2 Union Security

a. All employees in the bargaining unit must, as a condition of continued employment, be a member of the Union and pay union dues or pay an agency fee to the Union, but not both.

b. All employees within the bargaining unit on the effective date of this agreement who are not Union members must, as a condition of continued employment, pay to the Union while on the active payroll, membership dues, beginning with the month following the month in which they accumulate thirty (30) days continuous service in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or employees who are rehired with seniority or transferred with seniority into the bargaining unit after the effective date of this Agreement who do not become Union members, or having become do not remain Union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing a month following the month in which they accumulate thirty (30) days continuous service in the bargaining unit if such entry is prior to the fifteenth (15th) day of that month or commencing with the month following the month of such entry into the bargaining unit if such entry is on or after the fifteenth (15th) day of that month.

c. Employees who are Union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union. Employees within the bargaining unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and membership dues exceed the amount specified in the Constitution and/or By-Laws of the Union, but not both.

d. Upon receipt of a signed authorization from the employee involved, the Company shall deduct from the employee’s pay an amount necessary to satisfy the financial obligation to the Union for dues or agency fees during the period provided for in said authorization. Deductions shall be made from the first pay of the employee after receipt of the authorization and monthly thereafter from the first pay of the employee in each month.

e. Deductions provided in this Article shall be remitted to District Lodge #75 no later than the tenth (10th) day of the month following the month in which the deduction was made and shall include all deductions made in the previous month. The Company shall furnish District Lodge #75 monthly, with a record indicating payroll ending date and names of those for whom deductions have been made and the amounts of the deduction, and the names of those employees from whom deductions were not made and the reasons they were not made.

f. The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits, or 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 provisions of this article.

g. The parties agree that check-off authorization shall be in the following form:

Article 4 No Strike - No Lockout

Section 4.1 No Lockout The Union and the Company have agreed to work cooperatively for the advancement of the business and its employees. Under no circumstances will the Company lockout employees from the work place during the term of this Agreement.

Section 4.2 No Strike Under no circumstances will the Union, its officials or duly authorized representatives order, sanction, permit or endorse any form of industrial action including but not limited to strikes, sympathy strikes, work stoppages, walkouts, slow downs or picketing. Therefore, the Union, its officers, local Union president and steward(s) agree that during the term of this Agreement neither it nor they will call, sanction, condone or participate in any primary or secondary strikes, whether general or limited, walk-outs, stoppages, slow-downs of work, organized absenteeism, sickness, or other refusals to work, picketing the Company or any of its parents or subsidiaries, sit-downs of any kind, sympathy strikes, or refusals to cross the picket lines of any other Union.

Section 4.3 The Company shall have an absolute right to discharge or otherwise discipline any employee or employees who may participate or engage in any activity in violation of the provisions of this Article without recourse to the grievance procedure or arbitration. Provided, however, that an employee who alleges that he did not participate or engage in any activity in violation of the provisions of this Article shall have recourse to the grievance and arbitration procedure for the sole purpose of ascertaining whether he did so participate. If it is determined that he did not participate, the arbitrator shall determine the amount of backpay pursuant to the arbitration procedure contained in Article 5.

Section 4.4 In the event that any of the employees covered by this Agreement engage in any of the conduct described in the provisions of Section 4.2 of this Article, the Union and its officers, local Union president and steward(s), jointly and severally, shall, in good faith, immediately upon receiving notification from the Company in writing of the occurrence of a violation:

1. Publicly disavow such action by the employees immediately.

2. Advise the Company in writing that such action by employees has not been called or sanctioned by the Union.

Article 5 Grievance Procedure and Arbitration

Section 5.1 The provisions of this Article shall set forth the sole and exclusive procedure to remedy a claim of a violation of the Agreement. Nothing herein shall interfere with the prompt adjustment of grievances at the job level by conference between a supervisor, steward and/or the employee involved.

Section 5.2 A grievance shall be limited under this Agreement to disputes arising over an allegation by an employee or the Union of a violation of the express provisions of a specific Article or Section of this Agreement.

Section 5.3 Step 1 - Should a grievance arise between the Company and any employees or the Union, the Union or the Steward may present the grievance, in writing, to the Company, specifically identifying the Article and Section of this Agreement that is alleged to have been violated, the facts on which the grievance is based and the remedy requested. The grievance will be presented on a form to be agreed upon by the parties. A grievance must be presented within ten (10) calendar days following the event giving rise to such grievance, or from the date the employee knew or should have known of the violation. Any grievance not presented to the Company within that 10-day time period shall be forfeited and waived and shall be a bar to further action pursuant to this Grievance Proecdure. Any individual grievance from an employee that affects the wages, hours or working conditions of any employee must be signed by the employee. Grievances affecting all employees will be signed by the Union.

Section 5.4 - Step 2 - The Union representative or the Union Steward and the Company's designated representative shall meet within five (5) business days after the grievance is filed to discuss and attempt to adjust any such grievance. The Company will produce at this meeting, or in advance of the meeting, at its own cost and without the need of a request by the Union the records it relied upon to reach the conclusion or make the decision which resulted in the instant grievance.

Section 5.5 Step 3 - The Company will provide its answer to the grievance in writing within five (5) business days after such meeting.

Section 5.6 Request for Arbitration Within five (5) business days after the Company has provided its answer to the grievance as provided in Section 5.5, the Union may request in writing that the grievance be submitted to binding arbitration.

Failure of the Union to file a timely request for arbitration shall constitute a waiver and shall be a bar to further action. If the Company fails to meet or answer within the time limits specified herein, the grievance is deemed denied, and the Union may proceed to arbitration pursuant to the terms of this Agreement.

Section 5.7 If a grievance is to be submitted to arbitration pursuant to Section 5.6, the representative of the Union and a representative of the Company shall attempt to agree upon an arbitrator to pass upon the matter. If unable to agree upon an arbitrator, then they shall jointly request the Federal Mediation and Conciliation Service to submit a list of seven (7) names from which the arbitrator will be selected by alternately striking one name each. The person whose name remains on the list shall be named arbitrator.

Section 5.8 The arbitrator so selected shall schedule a prompt hearing at which time he shall have the power to make determinations of fact from the questions submitted to him and apply them to the provisions of the Agreement alleged to have been violated so long as the grievance is submitted to him in accordance with the provisions, limitations and procedures specified in this Agreement. No arbitrator shall have the jurisdiction or authority to add to, take from, nullify or modify any terms of this Agreement, or to impair any of the rights reserved to management under the terms hereof; nor shall he have the power to substitute his discretion for that of management in any matter where management has not contracted away its right to exercise discretion. Disciplinary action in any form imposed by the Employer shall be subject to the grievance and arbitration procedure. The arbitrator shall have no authority to overturn any discipline, discharge, or suspension decision by the Company unless such decision is shown by the Union through a fair preponderance of the evidence to be arbitrary or capricious, or discriminatory in violation of the non-discrimination clause of this Agreement.

Section 5.9 The arbitrator shall be bound by the facts and evidence submitted to him and may not go beyond the terms of this Agreement in rendering his decision and the decision of the arbitrator shall be supported by substantial evidence on the record as a whole. The decision of the arbitrator shall be in writing and shall be final and binding upon the parties.

Section 5.10 In no event shall any disposition or award upon any grievance be made retroactive for more than thirty (30) days prior to the date of the violation alleged in the grievance. Should it be determined that any employee was disciplined or discharged improperly, such employee shall be restored to his former status; provided, however, that the Company shall have the right to credit against any back pay award any earnings, compensation or remuneration received by employee, including but not limited to, income from employment of any kind, unemployment compensation, workers compensation, or any other disability benefit.

Section 5.11 Unless it is mutually agreed otherwise, each grievance shall be handled by a separate hearing except that all grievances arising out of identical sets of facts or the same incidents may by agreement be heard together.

Section 5.12 The arbitration hearing shall not occur on the property of either of the parties. The fees and expenses of the arbitrator and the hearing room shall be borne equally by the parties. Each party shall bear the expense of preparing and presenting its own case, including those of witnesses and representatives at such hearing. Either party shall be free to order a transcript and pay for it.

Section 5.13 No dispute, misunderstanding, difference or grievance between the parties arising out of events which occurred either prior to the execution of this Agreement or after the expiration of this Agreement shall be submitted to arbitration under the provisions of this Agreement.

Section 5.14 Any disposition of a grievance accepted by the Union, or from which no proper and timely appeal to arbitration has been taken under Section 5.6, will be considered final and conclusive and binding upon all employees and the Union and the grievance closed.

Section 5.15 Any time limits contained in this Article may be extended by mutual agreement between the Company and the Union or the Steward. At any time during the grievance process contained in this Article, the Union and the Company may agree to a binding settlement of the grievance.

Article 6 – Wages and Hours

Section 6.1 Wages

General Increases - Rates of pay are set forth below:

Year 1 – 3.5% - October 1, 2008 Adjust – $1.25 - October 1, 2009

Year 2 – 3.5% - October 1, 2009 Year 3 – 3.5% - October 1, 2010

3.5% Equ. Adj. 3.5% 3.5% Classification Current 10/1/2008 10/1/2009 10/1/2009 10/1/2010 Aircraft Mechanic $20.34 $21.05 $1.25 $23.08 $23.89

Section 6.2 Hours of Work

a. Work Hours The Parties recognize that the employees’ hours of work are dictated by the needs of the customer’s flight schedule. The Company may designate shift-starting times and may alter work schedules to accommodate its business needs.

Notice of schedule changes shall be provided to the employees as far in advance as reasonably possible under the circumstances. Employees who are scheduled to work an eight (8) hour day shall receive two (2) fifteen-minute paid breaks during their shift.

In the event an employee is required to work beyond any eight (8) hour work day, he will receive an additional paid fifteen (15) minute break during each four hour period of additional work. Employees will receive a thirty-minute unpaid lunch period near the middle of the shift. Shifts will be defined as follows:

Regular Shift: Any shift starting between 4:00 a.m. and 10:00 a.m.

Flex Shift: Shifts starting at any time other than a Regular shift.

b. Flex Shift Differential Pay Effective 10/1/2008, Thirty-five cents ($.35) per hour will be paid as additional incentive for all hours worked on a Flex Shift.

c. Call-In Pay Effective 10/1/2008, if an employee is required to report to work on a day that had been previously scheduled as a day off the employee shall receive a minimum of four (4) hours pay at his base straight-time hourly rate for that day, except where another provision of this Agreement, or state or federal law mandate a higher rate.

Section 6.3 Overtime All work performed in excess of forty (40) hours per week, or over twelve 12 hours in a single workday, shall be compensated for at the rate of time and one-half. With the exception of hours paid for holiday, vacation pay, and PPT, only hours actually worked will be used in calculating overtime. There shall be no duplication of overtime payment.

Section 6.4 Scheduling of Overtime The parties recognize that from time to time it is necessary to schedule work beyond the normal day and normal workweek. On those occasions the Company will provide as much advance notice as reasonably possible, but employees are expected to work any overtime requested by the Company unless excused for good and sufficient reason. The Company will endeavor to assign required overtime to qualified employees as equitably as practicable. No overtime shall be worked unless specifically authorized by the Company.

Section 6.5 Premium Payments

a. CDI – Employees designated by the Company as Collateral Duty Inspectors will receive a premium payment of fifty cents ($.50) per hour.

b. Turn and/or Taxi – Employees designated by the Company as turn and taxi qualified shall receive a premium payment of ten cents ($.10) per hour.

c. NDI – Employees who have received a Non-destructive Inspector certification of any kind will receive a premium payment of fifteen cents ($.15) per hour.

ARTICLE 7 - GROUP INSURANCE

Section 7.1 Group Benefits for Employees on Active Payroll

The Company will provide access to medical, dental and vision coverage for eligible employees and for covered dependents of eligible full time employees as outlined in the Summary Plan Descriptions (SPDs). The Company will offer basic group life, accidental death and dismemberment, weekly disability benefits and voluntary supplemental life insurance for eligible employees as provided for below. All benefits coverage will be provided the first day of the month after completing thirty (30) days of employment.

Section 7.2 Life and Accidental Death and Dismemberment (AD&D) Insurance

The Company will provide basic term life insurance at $20,000 per employee and basic AD&D insurance at $20,000 per employee, at no cost to the employee.

In addition to the Company provided Life Insurance and AD&D, the Company will make available a plan for employees to purchase at group term rates, optional employee supplemental life (OSLI) and AD&D insurance. Employees may choose to elect this coverage annually during open enrollment. Required contributions for this coverage will be provided to employees during the open enrollment period.

Section 7.3 Short Term Disability Insurance

The Company will provide employees with Short Term Disability insurance (STD) which covers 75% of weekly earnings, with no maximum, at no cost to the employee. STD payments will begin on the eighth day of an injury or illness, and will continue up to a maximum of 26 weeks.

Section 7.4 Long Term Disability Insurance

The Company will make available a plan under which employees may purchase long term disability insurance (LTD) to cover 60% of their base pay (up to $3,000 per month), in the event of a lengthy disability. Pre-existing conditions are subject to a one-year wait period. Employees may choose to elect this coverage annually during open enrollment. Employees will be provided the cost of such coverage during the open enrollment period. The remaining terms of the LTD benefits will be subject to the terms, conditions, and restrictions of the applicable Summary Plan Description (SPD).

Section 7.5 Company Provided Medical Coverage

The Company will, during the life of this Agreement, maintain and contribute to the cost of healthcare insurance for bargaining unit employees who elect coverage. Healthcare insurance is defined as medical, prescription, vision and dental plans offered by the Company. The medical plan shall be offered as outlined in the Summary Plan Descriptions (SPDs). In addition, the Company will provide employees with a dental plan and a vision plan as outlined in the applicable Summary Plan Descriptions.

The full time bargaining unit employee’s bi-weekly contribution for healthcare insurance will be:

10/1/2008 1/1/2009 1/1/2010 1/1/2011 Employee $30.25 $34.79 $40.01 $46.01 Employee + 1 $46.71 $53.71 $61.77 $71.04 Family $63.61 $73.25 $84.23 $96.86

For the purposes of this Agreement, the current Company contribution toward Health and Welfare costs is $9.74 per hour based upon 2080 hours per year for each collective bargaining employee enrolled in the Benefits Program. The projected average Company contributions for these benefits during the duration of this Agreement are as follows:

Effective Dates:

1/1/2009 1/1/2010 1/1/2011 $11.50 $13.57 $16.01

Section 7.6 Details and Method of Coverage

The Group Benefits summarized in this Article shall be procured by the Company under contracts and/or administration agreements with insurance companies or health care contractors which will be in the form customarily written by such carriers and administrative agents, and the Group Benefits outlined shall be subject to the terms and conditions of such contracts and/or administrative agreements, consistent with the summary contained in such plan’s Summary Plan Description (SPD).

Such contracts and/or administrative agreements may require the carriers and/or administrative agents to develop various packages or benefit designs to contain costs.

Such decisions may be based on those portions of the Group Benefits Package which contain the requirement that charges are covered only on the basis of medical necessity. Such cost containment programs or procedures may be utilized to determine the medical necessity of the treatment itself, the appropriateness of the services provided, or the place of treatment or the duration of treatment. The carriers or administrative agents and the Company will announce each such program or procedure before it is required or available to the affected employees. Any such cost containment Package will not operate to reduce the benefits of the Package to any covered person or to shift the costs covered under such Package to the covered person. The failure of an insurance company or health care contractor to provide for any of the services or benefits for which it has contracted shall result in no liability to the Company, nor shall such failure be considered a breach by the Company of the obligations which it has undertaken by the Agreement. However, in the event of such failure, the Company shall immediately attempt to provide comparable benefits coverage. The failure of the Company to provide comparable benefit coverage will be subject to the grievance and arbitration procedures of this Collective Bargaining Agreement.

Section 7.7 Administration

Group Benefits, as defined in this Article, shall be administered by the insurance companies, health care contractors or administrative agents with whom the Company enters into contractual relationships for the purpose of providing and/or administrating the coverage contemplated by this Article and no question or issue arising under the administration of such Group Benefits or the contracts and/or administrative agreements identified therewith shall be subject to the grievance procedure or arbitration provisions of Article 5 of this Agreement.

The Group Benefits outlined above are intended to provide an easy-to-understand benefits summary. A complete description regarding the terms of coverage, exclusions and limitations including legislated benefits, will be provided in the Summary Plan Descriptions (SPDs). If any conflict arises between the outline and the official plan documents, the official plan documents will always govern. Employees do not gain any new rights because of a misstatement in or omission from the outline, included in this Article.

Section 7.8 Copies of Policies to be Furnished to the Union

Copies of all relevant Plan Documents and Summary Plan Descriptions (SPDs) executed pursuant to this Article, shall be furnished to the credentialed Union Representative. The coverage and benefits indicated in such plan documents outline the rights of eligible employees in respect to such coverage, and the settlement of all claims arising out of such coverage shall be in accordance with the provisions, terms and rules set forth in such documents.

Article 8 Vacations and Holidays

Section 8.1 Vacation

Each employee covered hereby shall accrue vacation credits as follows:

a. For vacation purposes, the individual employee's anniversary date of Continuous, uninterrupted service on the T34/T44 contract at Cairns Army Airfield, Ft. Rucker, AL, or with Sikorsky Support Services Inc., whichever is earlier and each anniversary date thereafter shall be the reference point for accrual of vacation.

b. Employees with less than six (6) years of continuous service, as defined in 8.1(a) above, shall accrue one and fifty-four hundredths (1.54) hours of vacation per credited week. Eighty (80) hours of vacation may be accrued during the fifty two

(52) potential credited work weeks per year.

c. Employees with more than six (6) but less than ten (10) years of continuous service, as defined in 8.1(a) above, shall accrue two and thirty-one hundredths (2.31) hours of vacation per each credited work week. One-hundred twenty

(120) hours of vacation may be accrued during the fifty-two (52) potential credited work weeks per year.

d. Employees with more than ten (10) years of continuous service, as defined in

8.1(a) above, shall accrue three and eight hundredths (3.08) hours of vacation per each credited work week. One-hundred sixty (160) hours of vacation may be accrued during the fifty-two (52) potential credited work weeks per year.

e. Normally, accrued vacation must be used by the employee’s next anniversary. If the Company cancels previously approved vacation, the employee shall be permitted to carry the cancelled amount of days to the next vacation year.

f. For the purpose of accruing vacation credits for employees, a credited workweek shall be defined as follows:

1.) A full week in which an employee is paid by the Company for time worked. For vacation accrual purposes, credited work weeks shall include days in which the employee receives holiday pay, jury duty pay, military pay differential, vacation pay, bereavement leave pay or are on Workers' Compensation that does not exceed six (6) months.

2.) Absences that are compensated under Short Term Disability Insurance or Long Term Disability Insurance are not counted toward credited work weeks.

g. The Company reserves the right to approve, deny, schedule or cancel all vacation requests as necessary.

h. Vacation pay shall be computed at the employee's straight-time hourly rate at the time of vacation.

i. Vacation may be taken in increments of two (2) hours.

Section 8.2 Holidays

Employees shall receive ten (10) paid holidays each year (New Year’s Day, Martin Luther King Day, Columbus Day, Memorial Day, Independence Day, Presidents’ Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day). If any of the above holidays fall on a Saturday or Sunday, the Company will observe the holiday on the same day as it is observed by the U.S. Army at Cairns Army Air Field, Ft. Rucker AL.

Any additional days declared by Presidential order, Congressional authority, or State legislation that is celebrated by the U.S. Army at Cairns Army Air Field, Ft. Rucker AL will be recognized as unpaid holidays. Employees may take a paid vacation day, or a paid personal time day, a day without pay, or work the day at straight-time. The Company will celebrate any additional holiday the U.S. Army at Cairns Army Air Field, Ft. Rucker AL directs the Company to celebrate. If the Company is compensated for such holiday by the Navy, the employee will not have to take a vacation day or paid personal time, but will be paid for any such additional holiday. The Company will notify employees prior to the holiday observance whether or not it will be observed as a paid holiday.

Section 8.3 Holiday Pay Eligibility

In order to be eligible for holiday pay, an employee, unless his absence has received prior approval at the sole discretion of management, must work his full regular scheduled shift immediately prior to the holiday and his full regular scheduled shift immediately following the holiday. If the holiday falls within an employee's vacation, the employee may elect to receive holiday pay or take an extra day of vacation. If an employee is scheduled to work on a paid holiday and fails to do so, he shall not be eligible for holiday pay, unless such absence was due to emergency circumstances outside of the employee’s control.

Section 8.4 Time Worked on Paid Holidays

If an employee is scheduled to work on a holiday and does so work, then the employee shall be paid his holiday pay plus two (2) times the established straight-time hourly rate for all hours worked on the holiday.

Article 9 Seniority

Section 9.1 Definition of Seniority Seniority shall be a factor in matters affecting layoff, recall and job bidding. Seniority shall be based upon length of continuous service, which shall date from the employee's last date of hire, including predecessor contractors, on the T34/44 contract at Cairns Army Airfield, Ft. Rucker, AL but seniority shall prevail only if qualifications of ability, experience and productivity are equal. Ability, experience, and productivity shall be based upon the demonstrated ability or previous experience of an employee to do the work required and the Company shall have the sole right to determine the ability, experience and productivity of an employee.

Section 9.2 Loss of Seniority An employee shall be terminated and lose all seniority rights for any of the following reasons:

a) The employee quits or retires;

b) The employee is discharged for cause;

c) The employee does not return to work within two (2) working days after issuance of the company notice of recall by certified mail to the last known address of such employee as shown by the company records;

d) The employee is absent from work for two (2) consecutive working days without advising the Company and giving reasons satisfactory to the Company for such absence;

e) The employee overstays a leave of absence;

f) The employee has been laid off for a continuous period of his length of service or twelve (12) months, whichever is less;

g) If the employee, while on a medical leave of absence, fails to respond within seven (7) calendar days to a registered letter of inquiry sent out by the Company.

h) Failure by the employee to notify the Company of the employee’s intention to return to work in response to a recall notification within forty-eight (48) business hours after the receipt of such recall notice, and of the employee’s return to work within fourteen (14) calendar days following the receipt of such notice.

i) Acceptance of employment with another employer while on an approved leave of absence.

j) Transferred or promoted out of the bargaining unit in excess of (90) days.

Section 9.3 Layoff The Company has and shall retain the sole right to determine if there shall be a layoff, either temporary or permanent.

Section 9.4 Recall from Layoff Before new employees are hired, employees with seniority who are still laid off from that job classification shall first be offered employment in the job classification from which he or she was laid off. Recall shall be made in order of seniority.

Section 9.5 Probationary Employees Any new employee shall be considered a probationary employee and shall not have seniority status under this Agreement until he has been in the employment of the Company under this Agreement for ninety (90) days.

At the conclusion of such probationary period, the employee’s seniority shall date back to the most recent date of hiring. During said probationary period, such employee may be separated from the Company for any cause without recourse to the grievance or the arbitration procedures hereinafter set forth.

Article 10 Absence from Work/Leaves of Absence

Section 10.01 False Absence

Giving a false reason for an absence shall be cause for disciplinary action up to and including discharge.

Section 10.2 Jury Duty

Full-time employees who have completed the probationary period and who are required to report for jury duty on a regularly scheduled work day will receive time off with pay. They will be paid their regular rate of pay (up to 8 hours per day) less the fee or other compensation paid for jury duty. When an employee receives a jury duty summons, he must notify his Supervisor immediately.

An employee who reports for jury service and is:

• excused within four hours of the time that he/she was scheduled to report to court,

• excused from further service,

• released on the last day of such service, must immediately contact his/her immediate supervisor and report for work if requested.

In order to be paid by the Company for jury duty pay, the employee must provide his Supervisor with written proof, executed by the Administrator of the Court; of having served or having been subpoenaed to serve on a jury; the duration of such service; and the amount of compensation received for jury service.

Section 10.3 Bereavement Leave

(a) Employees who have completed their probationary period (90 days) with the Company may be granted up to three (3) work days off with pay (excluding Saturdays, Sundays, holidays, vacation and authorized Leaves of Absence), to attend the funeral or other type of services of a member of his/her immediate family.

(b) Immediate family is defined to include a child, parent, brother, sister, spouse, grandparent, spouse’s parent, half-siblings, step-siblings, stepparents, stepchildren, and registered domestic partner.

(c) Payment is made for not more than eight (8) hours of absence per day at the base straight-time hourly wage rate.

(d) Employees must notify their supervisors promptly upon learning of the death of an immediate family member. The Company may request verification of the death and the familial relationship.

(e) The Company shall grant up to five (5) additional work days off, without pay, in the event of the death of members of the employee’s immediate family as defined in section

(b) above, at the employee’s request, or the employee may use vacation or personal time for which they are eligible.

Section 10.4 Military Leave

Employees will be eligible for Military Leave pursuant to the terms, conditions, and restrictions of USERRA or other applicable state or federal law. SSSI will compensate employees on Military Leave for the difference between their military pay and their normal straight time pay for a maximum of ten (10) workdays. To qualify for payment, the Employee must present his Supervisor with a copy of his/her military pay stub upon return from military leave.

Section 10.5 Unpaid Personal Leave Limited unpaid personal leaves of absence may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be for not less than five (5) work days and not more than thirty (30) calendar days.

Requests for unpaid personal leave of absence must be made in writing and must receive approval by the Company. Accrued vacation must be used before any leave will be approved. A maximum of two (2) extensions may be approved by the Company.

However, if an employee does not return to work after the personal leave of absence, the employee shall be terminated.

a. Vacation credits are not earned while on leave of absence under the provisions of this Article.

b. Health insurance may continue to a maximum of thirty (30) days provided the employee pays his/her portion of the premium at least ten (10) days prior to the next month’s insurance coverage.

Leave of absence will also be available pursuant to the terms, conditions and restrictions of the Family and Medical Leave Act (“FMLA”) and any other applicable state or federal laws. The personal leave provided in this Section shall run concurrent with, and not in addition to, any other leave available under the FMLA or other applicable state or federal law.

Article 11 Miscellaneous

Section 11.1 Union Bulletin Boards The Company will provide one (1) union bulletin board (or part of a bulletin board) for the Union to post official business of the Union.

Legitimate Union notices are defined as:

a. Meeting notices

b. Official Union nominations notices and election results

c. Notices of Union appointments

d. Union Social events

e. All notices not listed above must be approved by management.

Section 11.2 Tool Reimbursement Employees who break personal tools on the job that are required to perform the duties of their classification, or whose tools are stolen from a designated tool storage area on the worksite, shall be reimbursed for the replacement/repair of the broken/stolen tool.

Reimbursement shall be subject to:

a. The tool being on the employee’s toolbox inventory list on file at the site.

b. Any manufactures warranty applicable to the specific broken tool.

c. A receipt of proof of purchase presented to the Company for the specific broken tool.

d. The completion of an investigation into any alleged theft, and the provision of a copy of the report filed with the police on base reporting the theft.

Section 11.3 - Safety Shoes

Effective October 1, 2008, the Company will reimburse each employee required to wear safety shoes up to ninety dollars ($90) toward the purchase of safety shoes. Such employees will be eligible for this reimbursement one time per year, effective October 1 of each contract year.

Section 11.4 - Uniforms

Approved Company caps, and approved Union provided caps may be worn in accordance with all applicable safety restrictions and Government regulations.

Employees will be required to wear the uniforms designated by the Company. The cost of such required uniforms shall be incurred by the Company.

Any cost incurred due to an employee's decision to change the material, cut, add an approved Union shirt sleeve patch, or to obtain additional uniforms above what is furnished below, will be the sole responsibility of the incurring employee.

During the month of October of each year, the Company will provide the employee his/her choice of the following that will equal six (6) sets of uniforms, or any combination thereof, at hire and thereafter replacements as needed:

a. Uniform pants (long and/or short)

b. Uniform t-shirts

c. Uniform shirts

d. Uniform coveralls (1 set of coveralls equals 1 shirt + 1 pant).

e. Uniform jacket or one (1) jacket with winter liner or one (1) insulated coverall.

Weather-appropriate clothing will be made available for employees required to perform work in cold-weather locations.

Section 11.5 Foul Weather Gear The Company shall make available foul weather gear (raincoats and pants) to those employees who are required to perform work outdoors.

Section 11.6 Successors and Assigns The provisions of this Agreement shall be binding upon the Company and its successors, assigns or future purchases.

Section 11.7 Prior Benefits It is specifically understood and agreed by the parties that prior to the execution of this Agreement there may have been certain benefits and or practices provided to employees who are now in the bargaining unit, by the Company, either oral or written, that are not expressly specified or provided for in this Agreement. The parties expressly agree that the Company may, in its discretion, discontinue any of such benefits, and or practices at any time, which are not expressly provided for in this Agreement or any alleged past custom or practice to the contrary notwithstanding.

Section 11.8 Scope of Agreement This written Agreement reflects the entire Agreement between the parties. Amendments or clarifications of this Agreement mutually agreed upon shall be reduced to writing and shall become a part of this Agreement. Unless such amendments or clarifications are reduced to writing, they shall not be considered as binding past practice upon the parties.

Section 11.9 Invalidated Provisions Should any provision of this Agreement be found invalid by enacted legislation or decree of a court, such invalidation shall not invalidate the remaining portions hereof and said remaining portions/provisions shall remain in full force and effect.

ARTICLE 12 – PAID PERSONAL TIME

Section 12.1 Effective October 1, 2008, regular, full-time employees shall accrue seventy-seven one hundredths (0.77) hours of Paid Personal Time for each credited workweek up to a maximum of one hundred sixty (160) hours. Accrued Paid Personal Time is authorized for use after satisfactorily completing the employee's probationary period. A credited workweek is defined as a week in which an employee is paid by the Company, wages for time worked, holiday pay, jury duty pay, military pay differential, Paid Personal Time or vacation pay.

Section 12.2 All Paid Personal Time hours shall be credited to the employee's account.

Paid Personal Time may be utilized for sickness, medical appointment, or personal reasons in minimum increments of two (2) hours.

Section 12.3 Paid Personal Time hours shall be paid at the employee's straight time hourly rate. Such hours shall be considered as time worked for the purpose of computing overtime.

Section 12.4 An employee who is prevented from reporting for work by reason of sickness or injury, shall promptly notify the Company of his/her inability to report for work, giving the reason for the absence and when the employee expects to return to work in accordance with the procedure as outlined by the Company. Such notice shall be at least thirty (30) minutes prior to the start of the employee's shift. Failure to provide such notice as referenced above shall be considered as a no report, and such time absent for that day shall not be paid as Paid Personal Time. PPT hours will not be paid in cases of unauthorized absence or tardiness or on an employee’s regularly scheduled days off. Management approval will not be unreasonably withheld in the case of personal emergencies.

Section 12.5 The Company reserves the right to require employees to present a certificate from a licensed medical doctor to support time off due to illness or injury.

Section 12.6 Employees who are laid off or who voluntarily terminate employment after submitting a two (2) week advance written notice are eligible to receive pay for all accrued unused PPT.

ARTICLE 13 - 401(k) SAVINGS PLAN

Section 13.1: 401(k) Plan, Company Contributions The Company will provide full-time employees covered by this Agreement with an I.R.S. approved 401(k) Savings Plan. Effective October 1, 2008, the Company contribution rate will be three percent (3%) of the employee’s gross earnings per pay period, with no limit on the Company contribution. Terms of the plan are contained in the Summary Plan Description.

Section 13.2: 401(k) Plan, Employee Contributions Employees may voluntarily contribute from 1% of their gross compensation per pay period up to the allowable employee contribution maximums established by the IRS, as amended from time to time, through automatic payroll deduction.

ARTICLE 14 – DURATION

Section 14.1 This Agreement shall continue in full force and effect from August 1, 2008 until midnight, August 7, 2011, and shall remain in effect from year to year thereafter, unless written notice of termination shall be mailed by either party to the other at least sixty (60) days and no more than ninety (90) days prior to the end of the initial, or any extended period, that it desires to renegotiate, in which case, this Agreement shall terminate at the end of the initial or extended term. All notifications concerning the above shall be sent by Certified Mail, Return Receipt Requested, to the Company or to the International Union District Lodge 75.

Section 14.2 It is understood and agreed that all terms of this…

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