ATTACHMENT_119-_CBA_Ft._Bragg.pdf

Collective Bargaining Agreement

Between

Sikorsky Support Services, Inc.

d.b.a. Sikorsky Aerospace Maintenance

And

International Association of Machinists and Aerospace Workers, AFL-CIO, District

Lodge 110, Local Lodge 2296

EFFECTIVE SEPTEMBER 19, 2011 THROUGH SEPTEMBER 21, 2014

http://www.goiam.org/

Agreement

This Agreement is made and entered into this 19 th day of September, 2011, by and between Sikorsky

Support Services, Inc. d.b.a. Sikorsky Aerospace Maintenance hereinafter called the “Company” and District Lodge 110, Local Lodge 2296 of the International Association of Machinists and Aerospace Workers, hereinafter called the “Union.”

Article 1

Recognition

1.1 The Union, having been certified by the National Labor Relations Board in Case No. 11-RC-6737 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.

1.2 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 T34/44 contract working at Ft. Bragg Airfield Facility, Fayetteville NC. 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.

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.

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.

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.

1.6 The Union shall furnish the Company with a list of its District 110 Officers, Directing Business Representative and the Steward serving this bargaining unit. The Union shall as soon as possible notify the Company of changes therein. No Union officer, representative or steward shall be recognized by the Company, until written notification of his appointment shall have been received by the Company from a duly authorized agent of the Union. Subject to the limitations of this Article, the Company shall recognize the steward appointment after receipt of notification from the Union.

1.7 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

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.

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.

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.

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

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.

3.2

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 (15 th ) 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 (15 th ) 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 #110 no later than the tenth (10 th ) 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 #110 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

4.1 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.

4.2 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, slowdowns 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.

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 back pay pursuant to the arbitration procedure contained in Article 5.

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 and Arbitration

5.1 It is the intent of the parties to this Agreement that the procedure provided herein for the settlement of grievances shall serve as the means for the settlement of all disputes that may arise out of or regarding the interpretation and application of this Agreement. The term “grievance” as used in this Agreement means any dispute arising out of or regarding the interpretation, application, claim of breach or violation of a specific and designated article and section of the Agreement. Grievances shall be processed according to the steps and time limits specified. There shall be no grievances presented to arbitration until all steps of the grievance procedure have been utilized. These time limits may be extended upon written mutual consent of the parties. In computing time limits under this Article, except as otherwise provided, Saturdays, Sundays, non-workdays and holidays shall not be counted as workdays.

5.2 STEP ONE

The employee, with his/her Steward present, shall present the employee’s grievance verbally to the Site Manager within five (5) workdays following the date the grievant was aware of the condition or occurrence upon which the grievance is based. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work. The Site Manager shall respond verbally within five (5) workdays of receipt of the grievance.

5.3 STEP TWO

If the grievance is not settled at STEP 1, the grievance shall then be reduced to writing which shall contain a full statement of the grievance and the facts upon which it is based, the Contract section alleged to have been violated and the action, remedy or adjustment sought and signed by the grievant/ employee.

The Union may take the written grievance and submit it to the Company’s Deputy Program Manager within five (5) work days of receipt of the STEP 1 answer. The Union and the Company will attempt to settle/resolve the issue. The Union and Deputy Program Manager shall either meet in person or by telephone conference within ten (10) work days. In cases where disciplinary action is taken, 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 a decision which resulted in the instant grievance. If the issue is not resolved, the Deputy Program Manager has five (5) work days from such meeting to submit his/her written answer to the Union.

5.4 STEP THREE

If the grievance is not settled at STEP 2, the Union may submit the grievance to the Company’s Manager of Labor Relations within five (5) working days. The Company’s Manager of Labor Relations and the Union’s Business Representative will meet in person or by telephone conference within ten (10) work days and attempt to resolve any grievance. If unable to resolve the grievance, the Manager of Labor Relations shall submit a written answer to the Union within five (5) work days.

5.5 STEP FOUR

The Union may submit, within ten (10) work days following the Company’s STEP 3 answer, written notice to the Manager of Labor Relations of its intent to arbitrate. The Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each party. The names contained on the list shall be stricken by either party in turn until one (1) name remains, and that person shall become the Arbitrator. No more than (1) grievance shall be submitted to the same Arbitrator, unless both parties agree otherwise prior to sending for a list of Arbitrators. The Union will notify the Arbitrator of his/her selection and will coordinate schedules between the Company, Arbitrator and Union. The cost of the Arbitrator will be shared equally among the parties. It is understood that the costs associated with the preparation of either party’s case, is the sole responsibility of that party. Both parties agree that they will continue to make every effort to attempt to resolve any issue between them during the period of time before it is actually heard by the Arbitrator.

The parties agree the arbitrator shall not preclude either party form presenting their case orally, written or a combination of both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement. The Arbitrator’s authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence and argument.

The parties reserve the right to file post-hearing briefs within thirty (30) days of the arbitration or as determined by the arbitrator if a longer period is requested by either party. The Arbitrator shall render his decision within thirty (30) days of the close of the hearing or receipt of the briefs. The Arbitrator’s decision shall be in writing. The award shall be delivered or mailed to each party.

In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees and costs of the Arbitrator shall be shared equally by the parties. The Arbitrator may record the proceedings or request a court reporter. Such costs, if any, shall be bound by the Arbitrator.

The decision of the Arbitrator shall be final and binding on all parties.

Article 6 Wages and Hours

Section 6.1 Wages

General Increases - Rates of pay are set forth below:

Effective October 1, 2011 – 2.5% Effective October 1, 2012 – 2.5% Effective October 1, 2013 – 2.5%

Classification Current 10/1/2011 (2.5%)

10/1/2012 (2.5%)

10/1/2013 (2.5%)

Aircraft Mechanic $21.35 $21.88 $22.43 $22.99

Lead Aircraft Mechanic $22.92 $23.52 $24.11 $24.71

Crew Leader Differential – The Company may designate one bargaining unit member as Crew Leader.

Effective 10/1/2011, the designated Crew Leader shall receive an additional payment of seven and a half percent (7.5%) above the Aircraft Mechanic rate per hour.

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 Navy’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 10/1/2011, Twenty cents ($.20) per hour will be paid as additional incentive for all hours worked on a Flex Shift.

c. Call-In Pay Effective 10/1/2011, if an employee is required to report to work on a day that had been previously scheduled as a day off, or is called back to work after the completion of a full 8-hour shift, 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 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. Where possible, 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.

Article 7

Group Insurance

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 Description (SPDs). The Company will offer group life, accidental death and dismemberment, weekly disability benefits and optionally 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.

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

The Company will provide basic term life insurance at $10,000 per employee and AD&D insurance at $10,000 per employee.

The Company will make available a plan, for employees to purchase at group term rates, optional employee supplemental life (OSLI) and dependent life insurance. Employees may elect OSLI coverage in units of $10,000. The maximum for any employee cannot exceed three (3) times annual salary up to a maximum of $250,000. Employees may select dependant life coverage for their spouse up to a maximum of $3,000. The cost of spousal coverage will be based on the spouse’s age. Employees may select coverage for unmarried, dependent children up to a maximum of $3,000. Employees may choose to elect this coverage annually during open enrollment. Required contributions for these coverage’s will be provided to employees during the open enrollment period.

7.3 Short Term Disability Insurance

The Company will provide employees with Short Term Disability insurance (STD) which covers 50% of weekly earnings up to a maximum of $500 per week. STD payments will begin on the eight day of an injury or illness, and will continue up to a maximum of 26 weeks.

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 50% of their base pay (up to $5,000 per month), in the event of a lengthy disability. Pre-existing conditions are subject to a one-year wait period. LTD benefits start after 6 months of being disabled and are payable to age 65. 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.

7.5 Company Provided Medical Coverage

The Company will, during the life of this Agreement, maintain and contribute to the cost of health care insurance for bargaining unit employees who elect coverage. Health care insurance is defined as any medical, vision and dental plan offered by the Company. The medical plan shall be offered through the Ft. Bragg PPO plan as outlined in the Summary Plan Descriptions (SPD).

In addition, the Company will provide employees with a dental plan and a vision plan as outlined in the applicable Summary Plan Descriptions.

For the purpose of this Agreement, the full time bargaining unit employee’s monthly contribution for medical coverage for the Ft. Bragg PPO plan will be:

Current 1/1/2013 1/1/2014

Employee $205.98 $230.69 $258.37

Employee + 1 $941.94 $1,054.97 $1,181.56

Family $1,678.93 $1,880.40 $2,106.04

Dental Contributions

Current 1/1/2013 1/1/2014

Employee Only $23.76 $26.61 $29.80

Employee +1 $48.63 $54.46 $60.99

Family $91.27 $102.22 $114.48

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 designed to contain costs, 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, the place of treatment or the duration of treatment. The carriers or administrative agents and 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 substitute coverage.

7.7 Administration

Group Benefits, as defined in this Article, shall be administrated 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 of a misstatement in or omission form the outline.

7.8 Copies of Polices to be Furnished to the Union

Copies of all relevant Plan Documents and Summary Plan Descriptions (SPDs) executed pursuant to this Article 7, Group Insurance, shall be furnished to the Union. The coverage and benefits indicated in such plan documents outline, the rights of eligible employees in respect to such coverage’s, and the settlement if all claims arising out of such coverage shall be in accordance with the provisions, terms and rules set forth in such documents.

7.9 Federal or State Programs

If during the term of this Agreement, there is mandated by the federal or state government a program that affords to employees covered by this Agreement similar benefits (such as but not limited to medical and dental benefits) to those that are afforded by this Agreement, benefits afforded by this Agreement shall be replaced by such federal or state program. The Company will comply with the provisions for the furnishing of such program to the extent required by law.

No question or issue regarding the level of benefits under the state or federal program will be subject to the grievance and arbitration procedure of Article 5.

Article 8

Vacation

8.1 Each employee covered hereby shall accrue vacation credits as follows:

A. For vacation purposes, all employees will be entitled to paid vacation which will be based upon years of service on the T-34 Contract at Ft. Bragg or with the Company, whichever is earlier and each anniversary date thereafter, shall be the reference point for accrual of vacation. Paid vacation entitlement will be as follows.

1. Employees with less than eight (8) years of continuous service, as defined in

Section 1 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) work weeks per year.

2. Employees with more than eight (8), but less than twenty (20) years of continuous service, as defined in Section 1 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) credited work weeks per year.

3. Employees with twenty (20) years of continuous service, as defined in section 1 above, shall accrue three and eight one 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) credited work weeks per year.

4. The number of vacation hours accrued in Section 11.1, Sub-Sections A1, A2, and A3 of this Section shall be the maximum number of hours, which may be carried over from one anniversary year to the next.

8.2 For purpose of accruing vacation credits for employees, a credited work week shall be defined as follows:

A. A credited work week is defined as a week in which an employee is paid by the Company for time worked, holiday pay, jury duty pay, military pay differential, paid personal time, vacation pay, funeral leave pay or who is on Workers Compensation that does not exceed six (6) months.

B. Absences that are compensated under short-term disability insurance or long-term disability insurance are not credited work weeks for vacation accrual.

8.3 For the purpose of determining eligibility for accrued vacation credits, vesting shall be defined as follows:

A. The employee must complete their probationary period before becoming eligible for vacation. Vacation shall accrue on a credited work week basis and is available for use as accrued.

B. The individual employee’s anniversary date, as established under Section 1 and each continuous service anniversary date thereafter shall be the reference date for rate of accruing vacation.

C. Employees shall retain vacation accrued until such vacation is taken.

D. Vacation accrued in excess of the maximum allowed in Section 11.1, Subsections A1, A2 and A3 must be taken by the employee’s next anniversary date. If all excess vacation is not taken or scheduled by sixty (60) days prior to the employee’s next anniversary date, the Company will schedule the excess time off.

E. Vacation taken by the employee is deducted from the employee’s unused vacation until such vacation is exhausted.

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

8.5 Employees who are terminated from employment, are laid off or who voluntarily terminate employment after submitting a two (2) week advanced written notice are eligible to receive pay in lieu of vacation for all accrued unused vacation.

A. Employees who are temporarily laid off, may at their discretion retain their accrued unused vacation for a period of up to, but not to exceed thirty (30) days. At any time during the thirty (30) day period the employee may request in writing and be paid for his/her vacation pay. At the expiration of the thirty (30) day period the employee will be paid for any vacation time that is owed to the employee at the time of layoff.

8.6 Vacation must be requested no less than seven (7) days in advance and will be approved/disapproved within 72 hours as requested by eligible employees. When conflicts in requested vacation periods arise, the employee having the greater seniority shall be given preference. However, an employee who has requested and had scheduled vacation approved, will be displaced by a more senior employee within sixty (60) calendar days of the scheduled start of the approved vacation.

A. Vacation may only be scheduled on the employee’s regularly scheduled work days and only for the amount of hours regularly scheduled on that day to a maximum of eight (8) hours per day.

Vacation may be taken in two (2) hour increments up to a maximum of 24 hours annually.

B. Employees’ request for vacation leave must be approved by the employees’

Supervisor before such leave is taken. Employees failing to secure such approval, who subsequently fail to report to work as scheduled, will be subject to appropriate disciplinary action for unexcused absence.

C. The maximum allowable length of vacation will be the amount of the employee’s unused vacation at the end of the payroll period immediately preceding the vacation period requested.

8.7 Once approved, an individual’s vacation period may not be changed or amended without his/her consent except in case of extreme emergency.

8.8 When a holiday falls during an employee’s vacation, the employee will receive the holiday pay in lieu of vacation pay for the day in question. They will retain the unused vacation day for use at a later time.

8.9 Part-time employees will be paid for vacation after completing one (1) year of service on a pro-rata basis determined by the number of hours worked in the previous anniversary year as a percent of 2080 hours per year.

8.10 It is understood and agreed that employees transferring to the Contract after the date of ratification of the Agreement, shall retain their original date of hire with the Company for the purpose of accrual of vacation credits.

8.11 Paid days of vacation shall be considered as time worked for the purpose of computing pay of overtime.

Article 9

Holidays

9.1 Holiday pay is eight (8) hours pay, which is payable at the employee’s straight time rate of pay.

The eight (8) hours pay will be considered as time worked for all purposes of this Agreement. To qualify for holiday pay, an employee must work the last scheduled work day before and the first scheduled work day after the holiday unless excused by Management to be eligible for pay for such holiday. The following holidays will be observed:

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

9.2 Any additional holidays celebrated by the U.S. NAVY at Ft. Bragg will be recognized as holidays provided the Company shall be reimbursed by the U.S. Navy.

If the Company is prevented from working as a result of government edict, or the base is closed due to an act of god, the Company will reimburse employees for time missed, provided the Company is so reimbursed by the customer.

9.3 Any observed holiday stated above that falls on a Saturday, or a Sunday, will be observed under the same schedule observed by the U.S. NAVY at Ft. Bragg.

9.4 Any employee required to work on any of the above holidays will be paid for hours worked at two times (2) his normal straight time rate plus eight (8) hours straight time for the holiday.

9.5 If an employee is on vacation in a week in which a Holiday occurs, the holiday time will be charged as a Holiday rather than vacation day.

Article 10

Seniority

10.1 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 Ft. Bragg Airfield Facility, Fayetteville NC 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.

10.2 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 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 ninety (90) days.

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

10.4 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.

10.5 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 employees may be separated from the Company for any cause without recourse to the grievance or the arbitration procedures hereinafter set forth.

10.6 Nothing herein shall restrict the right of the Company to make temporary transfers, no more than forty-five (45) working days unless extended by mutual agreement, of employees from one job classification to another where such transfers are necessary because of lack of work, absence of other employees or in order to maintain customer service. Nothing herein shall require the employment of anyone in a job for which he is not qualified or for work that is not required.

10.7 Nothing herein shall preclude the Company from hiring temporary employees. A temporary employee is one who has been hired for a specific period of time not to exceed forty-five (45) working days and is so informed at the time of hire. This provision may be extended by mutual agreement. No temporary employee shall be hired for a position if a bargaining unit employee is on layoff, nor shall any temporary employee be hired for the purpose of replacing a bargaining unit employee. Temporary employees are not entitled to any of the rights or benefits outlined in this contract and a temporary employee shall not accrue any seniority and may be discharged by the Company for any reason, with or without cause, and such discharge shall not be subject to the grievance and arbitration provisions of this Agreement.

Article 11

Absence from Work/Leaves of Absence

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

11.2 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.

Pay for such work time lost shall in no event exceed a total of thirty (30) regular eight (8) hour work days in any calendar year less the fee or other compensation paid the employee with respect to such jury duty pay.

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.

11.3 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 two (2) 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.

11.4 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. will compensate employees on Military Leave for the difference between their military pay and their normal straight time pay for a maximum of fifteen (15) 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.

11.5 Leave of Absence

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 12

Miscellaneous

12.1 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.

12.2 Employees who break personal tools on the job that are required to perform the duties of their classification shall be reimbursed for the replacement/repair of the broken tool.

Employees who have their personal toolboxes damaged at work will notify their manager of the damage.

The manager will attempt to see if such damage can be repaired in Company workspaces. If a toolbox cannot be repaired on site, the employee will submit written proof of cost of repairs or receipt showing cost of replacement. The employee will be reimbursed for the documented replacement cost up to a maximum of $1,000.00. Such replacement/reimbursement for a toolbox will be one time during the life of this agreement.

Reimbursement shall be subject to:

a. The tool being on the required tool list for the employee’s classification.

b. Any manufacturer’s 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.

12.3 (A) Effective October 1, 2011 the Company will reimburse each employee required to wear safety shoes up to one hundred forty dollars ($140.00) 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.

(B) Effective October 1, 2011 the Company will reimburse each employee required to wear prescription safety glasses up to sixty dollars ($60.00) toward the purchase of prescription safety glasses.

Such employees will be eligible for this reimbursement one time per year, effective October 1, of each contract year.

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

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

During the month of October each year, the Company will provide the employee his/her choice of the following that will equal six (6) sets of uniforms:

a. Uniform pants (long and or shorts)

b. Uniform T-Shirts

c. Uniform Shirts (long and short sleeve)

d. Uniform coveralls (1 set equals 1 shirt and 1 pant)

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

When the uniforms are received in the size requested by the employee and the uniforms do not fit, it is the responsibility of the employee to replace the uniforms with the proper size prior to wearing the uniforms for duty. Should the cause for the error be the fault of the employee, the employee will be responsible for any exchange charge; otherwise any such charge will be the responsibility of the vendor or the Company.

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

12.5 The Company shall make available foul weather gear to those employees who are required to perform work outdoors. The type of foul weather gear provided will be as follows:

a. Rain coats and pants will be made available to employees required to perform outdoors when needed.

b. When provided by the Government, steel toed rubber boots will be made available to employees

c. Should any additional safety equipment or protective clothing be required by the Company or the Government after ratification of this Agreement the Company will provide same.

12.6 The provisions of this Agreement shall be binding upon the Company and its successors, assigns or future purchasers.

12.7 It is specifically understood and agreed by the parties that prior to the execution of this Agreement there may have…