Att_9_DRS_CBA_2013_mgbver.docx

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DRS TECHNICAL SERVICES INC.

E6 CLS PROGRAM

and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS

AFL-CIO

DISTRICT LODGES 4, 6, 171 and 725 and its

LOCAL LODGES 4, 31, 850 and 946

WORKING TOGETHER

“Working Together” to develop and maintain a high level of trust and respect between the Company and the Union so we can; provide a desirable team environment to meet quality, cost and schedule performance goals of our customer the U.S. Navy.

26 August, 2013

TABLE OF CONTENTS

ii IAM&AW Locals 4, 31, 850 & 946 CA, NE, OK & MD August 26, 2013

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DRS TECHNICAL SERVICES INC.

E6 CLS PROGRAM

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS,

AFL-CIO

DISTRICT LODGES 4, 6, 171 and 725

AND ITS

LOCAL LODGES 4, 31, 850 and 946

THIS AGREEMENT, dated as of the 26th day of August, 2013 by and between DRS Technical Services Inc. - E6 CLS Program (hereinafter referred to as the Company or Employer) and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodges 4, 6, 171 and 725 and its Local Lodges 4, 31, 850 and 946 (hereinafter referred to as the Union).

WITNESSETH that

WHEREAS, the Union is the exclusive bargaining agent of certain employees of the Company, and

WHEREAS, the Union and the Company have negotiated a collective bargaining agreement covering wages, hours and other employment, and

WHEREAS, the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows

ARTICLE 1

RECOGNITION

Section 1.1 Recognition. The Company recognizes the International Association of Machinists and Aerospace workers. AFL-CIO, Districts 4, 6 171 and 725 and its Local Lodges 4, 31, 850 and 946 as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other conditions of employment for all employees covered by this agreement.

Section 1.2 Bargaining Unit. The employer and the Union agree that the employees covered by this agreement shall consist of the following: All employees employed by the DRS Technical Services Inc. on the E6 CLS Program including Electro-Mechanical Technician, Senior Electro-Mechanical Technician, Senior EPM Technician, Instructor, Senior Warehouse and Inventory Control Technician, Senior Supply Technician, Supply Technician excluding supervisors and managers, office clerical employees, professional employees, guards and supervisors as defined by the Act and all other employees of DRS Technical Services Inc. (Refer to Article 12.4)

ARTICLE 2

RIGHTS OF MANAGEMENT

The management of the Company and the direction of the work force is vested exclusively in the Company subject to the terms of this agreement. All matters not specifically and expressly covered or treated by the language of this agreement may be administered for its duration by the Company in accordance with such policy or procedure as the Company from time to time may determine. The Company may at their discretion hire temporary employees for up to sixty (60) work days to perform surge work.

ARTICLE 3

UNION AND COMPANY RELATIONS

Section 3.1 Union Activity During Working Time. Solicitation of Union membership, collection or checking of dues, will not be permitted during working hours. The Company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Union activity. Any employee engaged in unsanctioned Union activity during working time, except as specifically allowed by the provisions of this agreement, or by other agreement between the Company and the Union, is subject to disciplinary action.

Section 3.2 Strikes and Lockouts. The Union agrees that during the terms of this agreement and regardless of whether an unfair labor practice is alleged there will be no strike, sympathy strike, slow-down, sit-down, or walk-out and the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment where no rare or unusual physical hazard is involved in proceeding to such location. Any employee who violates this clause shall be subject to discipline. The Company agrees that during the term of this agreement there will be no lock-out of employees covered by this agreement. Any claim by the Company that the Union has violated this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this agreement and the Company shall have the right to submit such claim to the courts.

Section 3.3 Union Membership. All employees within the bargaining unit defined in Article 1 shall become members of the Union within thirty days (30) days following the beginning of such employment, or within one hundred and twenty (120) days following the execution of this agreement, and shall thereafter maintain their membership in good standing in the Union during the life of this agreement, as a condition of continued employment.

3.3(a) Satisfaction of Obligation. Employees who, under Section 3.3 of this Article 3, are required either to become members of the Union or maintain membership in good standing. Employees may satisfy that obligation by periodically tendering to the Union an amount equal to the Union's regular and usual monthly dues.

3.3(b) Failure to Satisfy Obligation. In the event an employee, who as a condition of continued employment, is required under this Article 3 to become a member of the Union, or maintain his membership in good standing therein, but in any such case does not do so, the Union will notify the Company in writing, through the Manager of Human Resources, or through such other office as may be designated by the Company, of such employee's delinquency. The Company agrees to advise such employee that his employment status with the Company is in jeopardy and that his failure to meet his obligation under this Article 3 within thirty (30) days will result in his termination of employment.

3.3(c) Explanation to employees. Either the Company or the Union may explain to any employee or call to his attention, at any time, his rights and obligations under any or all provisions of this Article 3.

Section 3.4 Payroll Deduction for Union Dues. The Company shall make payroll deductions for the Union's dues upon receipt by the office designated by the Company of a voluntary written assignment covering such deduction on a form mutually agreed to by the Union and the Company. The deduction list will include each such employee's social security number or permanent employee number, name, and amount of deduction and such itemization will be forwarded to the Union. The Union dues shall be in an amount specified on such assignment and the amount will have been approved by the Company in advance as being administratively practicable. Such Union dues deducted shall be tendered to the Secretary-Treasurer of the IAM&AW Districts 4, 6, 171 and 725.

Section 3.5 Indemnity. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article 3.

Section 3.6 Business Representatives - Access to Plant. The business representative of the Union shall have access to the Company plants during working hours for the purpose of conducting legitimate Union business pertaining to this agreement including, but not limited to, the investigation and advising in the handling of grievances, and the Company will not impose regulations which will render the intent of this provision ineffective. The necessary Company badges and credentials will be available to the business representative during working hours. The Union shall keep the Company Business Contracts Administrator currently informed in writing of the name of the accredited business representative.

Section 3.7 Shop Stewards. At Tinker AFB, OK the Union may select not to exceed, except by mutual agreement, two shop stewards from each shop with no more than one shop steward per shift per shop. The Union may select two (2) Shop Stewards each at the Travis AFB, CA, Pax River NAS, MD and Offutt AFB, NE work locations. The Union shall keep the Company, Business and Contracts Administrator, informed in writing of the names of the accredited shop stewards. An employee while serving as a shop steward shall not be surplused, transferred or loaned from his job classification so long as other employees remain in his job classification and on the shift he is designated shop steward. Union officers, Committeemen, and Shop Stewards will be allowed authorized absence without pay to attend one (1) regularly scheduled meeting each month, on a date and during the hours certified by the Directing Business Representative/Business Representative or his/her designee and upon 48 hours advance written notice to the employees HR representative.

Section 3.8 Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance. Each steward shall notify and obtain permission from his supervisor before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Union or contacting the business representative in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process. The Site Manager or SRC Manager as applicable may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or steward, the Site Manager or SRC Manager as applicable shall authorize a steward to participate in a private discussion with an employee, business representative, or his designee, relating to a complaint or grievance. Discussions of the type described in this Section 3.8 shall be conducted without requiring the employee or steward to clock out provided the discussion does not extend beyond the time that the Site Manager or SRC Manager considers reasonable under the circumstances. Overtime will not be paid for the discussion time without prior approval of management.

Section 3.9 Bulletin Boards. The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following:

(a) Notices of Union meetings;

(b) Notices of Union elections and results thereof;

(c) Notices of Union recreational and social affairs;

(d) Such other notices as are mutually agreed upon.

Only notices approved by the Union Business Representative, or his designee, authorized in writing by the Union and approved by the Company may be placed on the bulletin boards.

Section 3.10 Nothing in this agreement is intended to abridge the right of a Site Manager or SRC Manager as applicable to privately discuss with any employee under his or her supervision topics pertinent to the work place, including but not limited to, the employee's job performance.

Section 3.11 Joint Meetings. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and management representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This section is intended to provide a free avenue of communication between the Union and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints.

ARTICLE 4

GRIEVANCE PROCEDURE AND ARBITRATION

Section 4.1 Establishment of Grievance and Arbitration Procedure. Grievance or complaints arising between the Company and its employees subject to this agreement, or the Company and the Union, with respect to the interpretation or application of any of the terms of this agreement, shall be settled according to the following procedure. Subject to the terms of this article relating to cases of dismissal or suspension for cause or of involuntary resignation, only matters dealing with the interpretation or application of terms of this agreement shall be subject to this grievance machinery.

Section 4.2 Employee Grievances. In the case of grievances on behalf of employees and subject to the further provisions of Section 4.3 below, relating to cases of layoff or dismissal or suspension for cause of involuntary resignation:

STEP 1. Oral Discussion. The employee first shall discuss his grievance with the steward and if the steward considers the grievance to be valid then the employee and the steward will contact the employee's Site Manager or SRC Manager as applicable and will attempt to effect a settlement of the complaint. This procedure, however, will not prevent an employee from contacting his Site Manager or SRC Manager as applicable if he so chooses. If the purpose of the employee's contacting his Site Manager or SRC Manager is to adjust the grievance, the steward shall be given an opportunity to be present and such adjustment shall be in conformity with this agreement.

STEP 2. Grievance Reduced to Writing. Handling at management level. If no settlement is reached in Step 1, the steward, if he considered the grievance to be valid, may at any time reduce to writing a statement of the grievance or complaint which the grievant must sign and it shall contain the following:

(a) The facts upon which the grievance is based.

(b) Reference to the section or sections of the agreement alleged to have been violated (this will not be applicable in cases of dismissal or suspension for cause or of involuntary resignation).

(c) The remedy sought.

The steward shall sign and submit the written statement of grievance to the Site Manager or SRC Manager as applicable for his consideration, with a copy to the designated representative of the Company. After such submission, the Site Manager or SRC Manager and the steward may, within the next five (5) workdays, unless mutually extended, settle the written grievance and, over their signatures indicate the disposition made thereof. Otherwise, promptly after the expiration of such five (5) day period, or agreed extension thereof, the Site Manager or SRC Manager and the steward shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 3. Written Grievance Handling at Business Representative/Company Representative Level. If no settlement is reached in Step 2 within the specified or agreed time limits, the business representative or his designee may at any time thereafter submit the grievance to the designated representative of the Company. After such submission, the designated representative of the Company and the business representative or his designee may, within the next ten (10) workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of such ten (10) day period, or agreed extension thereof, the designated representative of the Company and the business representative, or his designee, shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 4. Arbitration. If no settlement is reached in Step 3 within the specified or agreed time limits, then either party may in writing, within ten (10) workdays thereafter, request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in Sections 4.6 to 4.7, inclusive.

Section 4.3 Disciplinary Action, Suspension, Termination. When disciplinary action, which could result in suspension or discharge, is contemplated, the Union/Shop Steward will be notified 48 hours prior to, so that he/she may have input into contemplated discipline. When immediate termination is being considered, the Shop Steward shall be given the opportunity by the Company to attend a disciplinary hearing prior to imposition of the termination. In all other discipline contemplated, the Shop Steward will be given at least 24 hours’ notice prior to the discipline becoming effective.

Section 4.4 Disciplinary Files. The Company recognizes progressive discipline as a verbal warning, written warning, suspension and termination. Any verbal discipline will be removed from the employees’ personal file after six months from the date of the infraction and not be considered for any further discipline. Any written discipline will be removed from the employees’ personal file after one year from the date of the infraction and not be considered for any further discipline. For discipline involving a suspension the discipline will be removed two years from the date of the infraction and not be considered for any further discipline. For any Act of Workplace violence there is no limitation.

Section 4.5 Union Versus Company. Processing of grievances which the Union may have against the Company shall begin with step 3 and shall be limited to matters dealing with the interpretation or application of terms of this agreement. Such grievance shall be submitted in writing to the designated representative of the Company, and shall contain the following:

(a) Statement of the grievance setting forth the facts upon which the grievance is based.

(b) Reference to the section or sections of the agreement alleged to have been violated.

(c) The correction sought.

The grievance shall be signed by the designated representative of the Union. If no settlement is reached within ten (10) workdays (unless mutually extended) from submission of the grievance to the designated representative of the Company, both shall sign the grievance and indicate that it has been discussed and reconsidered by them and that no settlement has been reached. Within ten (10) workdays thereafter the Union may in writing request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in 4.7 to 4.8, inclusive.

Section 4.6. Retroactive Compensation. Grievance claims involving retroactive compensation shall be limited to sixty (60) calendar days; prior to the written submission of the grievance to Company representatives, provided, however, that this sixty (60) day limitation may be waived by mutual consent of the parties.

Section 4.7. Selection of Arbiter - From Federal Mediation and Conciliation Service. The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbiters. Such requests shall state the general nature of the case and ask that the nominees, be qualified to handle the type of case involved. When notification of the names of the panel of seven (7) arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the arbiter.

Section 4.8 Arbitration - Rules of Procedure. Arbitration pursuant to Step 4 shall be conducted in accordance with the following

4.8(a) The arbiter shall hear and accept pertinent evidence submitted by both parties and be empowered to request such data as he deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days, unless mutually extended, of the completion of the hearing.

4.8(b) The arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties.

4.8(c) The arbiter shall rule only on the basis of information presented in the hearing before him and shall refuse to receive any information after the hearing except when there is a mutual agreement, in the presence of both parties.

4.8(d) Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs with a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.

4.8(e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

4.8(f) The Union and the Company shall equally share the cost of the arbiter including his necessary expenses.

4.8(g) The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 4.9 Extension of Time Limits by agreement. Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent.

Section 4.10 Agreement Not to be Altered. In arriving at any settlement or decision under the provisions of this Article, neither the parties nor the arbiter shall have the authority to alter this agreement in whole or in part.

Section 4.11 Conference During Working Hours. All conferences resulting from the application of provisions contained in this article shall be held during working hours.

Section 4.12 Business Representative, When Not Available May Authorize Designee. For any period that the Business Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited steward or another accredited Business Representative to act for him, as his designee. As to each such period of unavailability, authorization of the designee will be accomplished by the Business Representative informing the appropriate Company representative of the expected period of the Business Representative's unavailability to perform his duties under this Article 4, he shall promptly notify the Company representative of the fact and such notice will terminate the period during which the designee is; authorized to act.

Section 4.13 Signing Grievance Does Not Concede Arbitrable Issue. The signing of any grievance by any employee or representative either of the Company or of the Union shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitrable issue or is properly subject to the grievance machinery under the terms of this Article.

ARTICLE 5

SENIORITY

Section 5.1 Probationary Employees.

5.1(a) For the first ninety (90) days of employment, employees shall be considered as on probation and without seniority. However, if a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward the completion of his probationary period. Upon the completion of his probationary period, his seniority date will then be established as of ninety (90) days prior to the completion date of his probationary period.

5.1(b) During such ninety (90) day period, probationary employees may be laid off or terminated at the discretion of the Company. Such layoffs or terminations during the probationary period shall not be subject to the grievance and arbitration procedure.

Section 5.2 Establishment of Seniority. The seniority date of each employee, who, as of the effective date of this agreement, is in the unit defined in Article 1, on authorized leave of absence from the unit or acting in a Site Manager or SRC Manager as applicable capacity over employees in the unit shall be in conformance with the date carried on the Company's service records. The seniority date of each employee, who, subsequent to the effective date of this agreement is hired, rehired, or transferred into the unit shall be the effective date of such hire, rehire, or transfer.

Section 5.3 Employees With Identical Seniority Dates. When two or more employees have the same seniority date as herein provided, the employee having the lowest clock number (the last four (4) digits of one's social security number) shall be considered as having the least seniority for tie breaking purposes.

Section 5.4 Accumulation Seniority. Seniority shall accumulate to:

5.4(a) Employees who are on the active payroll of the Company and in the bargaining unit defined in Article 1 of this agreement:

5.4(c) Employees while on active military service and reinstated in compliance with applicable law;

5.4(d) Time spent on authorized leave of absence for Union business in accordance with Article 8;

5.4(e) Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff statue provided in 5.4(h);

5.4(f) Time spent on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or illness, not to exceed 12 months during any such period;

5.4(g) The first 30 days of any other authorized leave of absence;

5.4(h) Time spent on layoff for a period not to exceed (3) years, or for employees with less than one (1) year seniority, time spent on layoff for a period not to exceed one (1) year;

Section 5.5 Loss of Seniority. An individual shall lose seniority rights for the following reasons:

5.5(a) Resignation. In addition to normal resignations, an individual who, while on leave of absence, engages in other employment without prior written approval by the Company, or fails to report for work or to obtain renewal of his leave on or before its expiration, will be considered as having resigned.

5.5(b) Discharge for just cause;

5.5(c) Failure to respond with an acceptance within seven (7) calendar days after dispatch of a recall from layoff notice by certified mail (unless such period is extended by the Company);

5.5(d) Failure to report for work within seven (7) calendar days after acceptance or on such later date as may be designated by the Company;

5.5(e) Failure to keep the Company advised by certified mail of any changes in current mailing address. The Company will fulfill its obligation for notice of recall by mailing a certified notice to the employee's last address of record;

5.5(f) Layoff for a period in excess of three (3) years (or for employees with less than one (1) year seniority, layoff in excess of one (1) year);

5.5(g) Retirement;

5.5(h) Absence in excess of three (3) consecutive working days without notice, either by telephone or written message by messenger to his immediate supervisor shall constitute “resignation” as in 5.5(a) above, unless satisfactory evidence of inability to report for work is shown.

Section 5.6 Transfers To and From the Bargaining Unit.

5.6(a) The Company may transfer or promote employees covered by this agreement to supervisory positions.

5.6(b) Employees transferring to salaried positions shall retain their bargaining unit seniority for six months but shall not accumulate additional seniority while they remain in such salaried positions.

5.6(c) The Company at any time may transfer or demote to positions within this unit those employees who have accumulated or are accumulating seniority under Section 5.2 of this Article 5. Such transfers or demotions may be made subject only to the job return rights of others to the extent provided in Article 12.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1 Workweek. The normal work week shall consist of forty (40) hours and of five (5) consecutive days: Monday, Tuesday, Wednesday, Thursday and Friday. The assigned workweek for each employee for payroll purposes, shall be a period from 12:00 AM Monday to 11:59 PM Sunday. The normal work schedule shall consist of five consecutive workdays. Monday through Friday, followed by two days of rest (Saturday and Sunday), except for those employees designated by the Company and who regularly work on Saturday and/or Sunday, whose normal work schedule shall also consist of forty (40) hours and of five consecutive workdays, plus two days of rest, which shall be treated as Saturday and Sunday, in that order. The Company will attempt to meet its irregular workweek assignments on a voluntary basis among the employees. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the irregular workweek. Employees assigned to irregular workweek shall be so assigned for a minimum of ninety (90) calendar days.

Section 6.2 Shifts; Lunch Periods; Rest Periods. Each employee shall be assigned to a definite shift with designated times of beginning and ending. The first, second and third shifts each shall be an eight hour and thirty minute period which shall include a thirty minute unpaid lunch period. Each employee who is required to work two or more hours prior to the start of his regular shift shall receive a ten minute rest period prior to the start of his regular shift. Each employee who is scheduled to work two or more hours of overtime after his regular shift shall receive a ten minute rest period prior to the start of the overtime, and every two hours thereafter. Changes of shift assignments shall be made on the first day of a new workweek whenever practicable.

The designated times of beginning each shift during the scheduled workweek (the period covered by Section 7.2) shall be: first shift - between 5:30 A.M. and 8:30 A.M.; second shift between 2:00 P.M. and 6:00 P.M.; third shift between 10:30 P.M.- and 1:30 A.M. of the following day.

Each employee shall be given a ten minute rest period in each half of the shift to which he is assigned; the time of starting each such rest period to be designated by the Company. Changes of shift assignments shall be made on the first day of a new workweek whenever practicable. In the event an employee's shift is temporarily changed (less than five (5) consecutive workdays) during his regular workweek, the employee shall be compensated at the appropriate premium rate on the workday of the change, for all hours worked outside of his previously established shift of work.

Section 6.3 Shift Preference. The Company reserves the right to assign the Senior Technician for second and third shift, with (14) fourteen calendar days’ notice, to ensure mission requirements and operational commitments are met, for a period of time mutually agreed upon by both parties. Senior employees shall be given preference over other employees for placement in an available job opening in their classification. (For purposes of clarification, shifts as defined in this section will include days of rest). Under no circumstances will the provisions of this Section 6.3 be construed to enable an employee, at his insentience and request, to displace a less senior employee from his job and shift.

Section 6.4 Nonstandard work schedules. This provision is to allow the parties to this agreement enter into an arrangement that would permit represented employees an opportunity to work an Alternate Work Schedule as permitted by Company procedures. The parties may by mutual agreement waive and/or modify the CBA as necessary to accomplish the Alternate Work Schedule. It is understood that the parties as described in this section work with a Union official (Shop Steward) as identified by the Union, (the designated Union representative must be identified in writing and given to the Director of Labor Relations).

ARTICLE 7

OVERTIME

Section 7.1 Overtime. The Company will attempt to meet its overtime requirements on a voluntary basis among the employees who normally perform the work on a straight time basis; however, in cases of selective overtime, new hires or rehires may be excluded for the first ninety (90) calendar days of their employment. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the overtime, and a reasonable effort will be made to equalize overtime between employees within a work group, such work groups to be determined by the Company.

Section 7.2 Time worked within an assigned shift period shall be compensated at straight time rates.

Section 7.3 For time worked outside of his assigned shift, an employee shall be paid one and one-half times his base rate for the first two, hours and double his base rate thereafter.

Section 7.4 For the first eight hours of work by an employee on the first day of this two consecutive days of rest, such employee shall be paid one and one-half times his base rate for that shift and double such base rate thereafter.

Section 7.5 Any time worked on the second day of an employee's two consecutive days of rest shall be paid for at double his base rate for such shift and such double time shall remain in effect for all hours continuously worked.

Section 7.6 Wage Payment Basis. Employees shall be paid for time worked computed to the nearest one-tenth hour.

Section 7.7 New Assignments. When employees are assigned to work in a higher job classification, the new pay rate shall be effective in the employee's paycheck for all hours worked on the date which the new assignment is made. Notification forms of the revised classification shall be given to the employee as soon as practical after the assignment.

Section 7.8 Overtime Distribution

7.8(a). An employee who starts an assignment that will lead to overtime will have the first opportunity to complete the assignment regardless of their position on the overtime roster.

7.8(b). An overtime roster will be maintained at each major work area by shift. Hours worked and rejected will be recorded on the overtime roster.

7.8(c). Notwithstanding the provisions of paragraph A above, overtime assignments will normally be offered first to those employees lowest on the overtime roster.

ARTICLE 8

LEAVE OF ABSENCE

Section 8.1 Authorized Leaves of Absence. For the time period indicated in each instance, leaves of absence (without pay except to the extent vacation credit or sick leave credit can be used and is used under and in accordance with Articles 16 and 17) shall be granted to an employee on the active payroll:

8.1(a) In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work. The Company may require satisfactory proof of such illness. Alcoholism may be the basis for granting medical leave to individuals while under treatment at a recognized and accepted treatment center or hospital if such treatment is requested prior to the employee being terminated for unsatisfactory attendance or violation or other Company rules.

8.1(b) In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law. The Company must be notified immediately upon medical confirmation that a pregnancy exists.

8.1(c) For the period of time necessary to serve in the Armed Forces of the United States.

8.1(d) When he is appointed by the President or Directing Representative of the Union representing the particular unit, or selected to a full-time Union position, for the period of time necessary to fill such position.

8.1(e) The Company may grant leaves of absence without pay for other reasons that the Company considers valid.

8.1(f) Requests for leaves of absence must be made in writing to the Company and specify the reason for the absence.

Section 8.2 Return from Leave of Absence. An employee who applies for return from leave of absence on or before the expiration date of his leave will be returned in accordance with the following:

8.2(a) When an employee returns from a leave of absence that was granted due to industrial injury or industrial illness and is medically able to perform the job which was last held.

8.2(a)(1) The employee will be returned to that job if this does not conflict with Article 12.

8.2(a)(2) If this does conflict with Article 12, the employee will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures with Article 12.

8.2(b) When an employee returns from a leave of absence described in paragraph 8 2(a) and is not able to perform the job last held due to medical limitation, he will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures, all in accordance with Article 12.

8.2(c) When an employee returns from a leave of absence that was granted due to non-industrial injury or illness or because of pregnancy, and the period of the leave has not exceeded one year, and the employee is able to perform the job last held, the steps and procedures of subparagraphs 8.2(a)(1) and 8.2(a)(2), limitation will apply.

8.2(d) When an employee returns from a leave of absence described in paragraph 8.2(c) and is medically not able to perform the job which he last held due to medical limitation, he will be considered for any job which he is qualified and able to perform; otherwise, he may be placed on layoff, in accordance with Article 12.

8.2(e) If leave was granted due to non-industrial injury or illness and the period of leave is in excess of one year, the employee may be returned to the job title last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 12; otherwise, he may be placed on layoff.

8.2(f) If leave was granted for military service, the provisions of applicable laws shall apply.

8.2(g) If leave, irrespective of length, was granted for any reason other than those stated in paragraphs 8.2(a) to 8.2(f) inclusive, and in paragraph 8.2(h), the employee will be returned to the job title last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 12; otherwise, the employee may be placed on layoff.

8.2(h) If leave was granted to accept a full-time position with the Union, the employee will be returned to the job last held if such job is then populated. If such job is not then populated, the employee will be returned to one of equal grade.

ARTICLE 9

SAFETY

Section 9.1 Health and Safety. The Company will continue to make reasonable provisions for the safety and health of employees. The Union shall have the right to confer with the Company on matters pertaining to safety of the employees. A safety committee composed of one (1) employee at each project (shop) location appointed by the Union and up to a like number appointed by the Company will be formed to consider matters relative to these issues. The safety committee shall meet as required (but at least monthly) to conduct investigations and advise management.

The duties of the joint safety committee will be to advise on matters pertaining to Company compliance with applicable laws and regulations, and make appropriate recommendations for the maintenance of proper standards. The principal duty of the joint safety committee will be to assure uniform application of such regulations and standards.

The Union shall cooperate with the Company to keep the plant in a safe, clean and sanitary condition. It is agreed by both parties that high standards of safety are to be maintained. No set of safety regulations, however, can comprehensively cover all possible unsafe working practices. Therefore, the Union and the Company undertake to promote in every practicable way the realization of the responsibility of the individual employee with regard to preventing accidents to himself or his fellow employees.

Section 9.2 Use of Safety Devices. The Company will furnish proper and modern safety and sanitary devices for all employees working on unsafe and hazardous work. Every twelve months (12) the Company will provide and pay the cost of safety shoes, up to $125.00. Any replacement of safety shoes within the 12 month period must be approved by management. It shall be mandatory for all employees to use such devices and/or safety shoes when the Company determines that they are necessary.

Hearing tests. Hearing tests will be conducted annually for Ground Support Equipment employees only. A copy of all hearing test will be kept in the Human Resource Department and be available upon request by the employees.

Section 9.3 Requirement of Medical Examination. In the interest of continued safety of individuals and their fellow employees, any applicant for employment or any employee may be required through government regulations or by the Company to undergo a medical examination by a doctor of the government's or the Company's selection. If the diagnosis or examination results furnished by the Company doctor are not satisfactory to the employee, he may obtain an opinion from his own doctor. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be acquired for his analysis. If the mutually agreed upon doctor's diagnosis agrees with the employee's doctor, the Company shall only pay for the services of the mutually agreed upon doctor. The cost incurred for services of all other non-Company physicians shall be the sole responsibility of the employee who gave rise to the dispute.

ARTICLE 10

SEPARABILITY

Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree by a court of competent jurisdiction, such invalidation of such part or portion of this agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

ARTICLE 11

MISCELLANEOUS

Section 11.1 Inventions. Employees shall be permitted to retain ownership of inventions conceived or developed by them while performing work on any of the represented projects as an employee for the Company providing, however that the government and the Company shall have shop rights extending to all such inventions, which rights shall include the non-exclusive royalty-free rights on the part of the Company, to use such inventions and to make, have made, and sell products, parts or tools incorporating such inventions; and on the part of others making products parts or tools for the Company (to be by the Company or in its products), to incorporate or use such inventions In such products, parts or tools, on in the manufacture thereof

Section 11.2 Sabotage. The Union agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, government, customer or any other person's or employee's property. The Union further agrees, if any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation.

Section 11.3 Security Clearance. Nothing in this agreement shall require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant security agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work. However, the Company will give consideration to assigning an employee in his job title to an area for which he is qualified and a clearance is not required. Employees who cannot obtain or lose their security clearance will be placed on lay off status and may access the appeal process for the Security Clearance reinstatement. Upon obtaining or renewing their Security Clearance the employee will return to his previous held job classification. If the employee is unable to obtain reinstatement of his Security Clearance within two years, the employee will be terminated.

Section 11.4 Non-Discrimination. All terms and conditions of employment included in this agreement shall be administered and applied without regard to race, color, religion, national origin, status as a disabled or veteran, age, sex, or the presence of a handicap except in those instances where age, sex or the absence of a handicap may constitute a bona ride occupational qualification. If administration and application of the contract is not in contravention of federal laws, such administration shall not be considered discrimination under this Section 11.4.

Notwithstanding any other provision of Section 11.4 of this agreement, a grievance alleging a violation of this Section 11.4 shall be subject to the grievance procedure and arbitration of Article 4 only if it is filed on behalf of and pertains to a single employee. Class grievances based on alleged violation of this Section 11 4 shall not be subject to the grievance procedure and arbitration under this agreement

Section 11.5 Successor and Assigns. This agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns; but in the event the Company ceases to perform on this United States Navy Contract, the Company shall be released from all obligations on the project(s) so affected under this agreement

Section 11.6 Performance of Work. Non-Bargaining unit employees will not perform the duties of employees in the bargaining unit, except that which was being performed at the time this agreement was entered into, or in emergency situations, or for the purpose of instructing employees. Non-Bargaining Unit employees are not to perform any unit work solely to prevent a unit employee from earning overtime. Unrepresented employees shall not be assigned to displace employees in the bargaining unit identified in this agreement during periods such unrepresented employees remain outside any such bargaining unit.

Section 11.7 Travel Reimbursement. The Company will furnish, to the Union, copies of the present published Company policies relating to reimbursement of travel

Section 11.8 Uniforms. Uniforms are mandatory. After employees complete their probation period, complete sets of uniforms will be provided as follows: five (5) shirts, five (5) pants, and two (2) jackets. Employees may substitute two (2) coveralls in place of two (2) pants and two (2) shirts. The employees may wear Union shirts while on duty on Fridays in appropriate colors (gray/white/black). Union shirts will be purchased by the employee.

Each employee will be provided two (2) shirts and two (2) pants the second year. At the third year each employee will be provided three (3) shirts, three (3) pants, and two (2) jackets. Employees may substitute two (2) coveralls in place of two (2) pants and two (2) shirts.

During times of warm weather, employees may wear gray/white T-shirts with the DRS Technical Services Inc. logo. The Company will provide wet weather gear. The Company will work with employees to provide insulated coveralls.

Section 11.9 Bargaining Unit Status Report. A quarterly seniority list, updated monthly, will be provided to the Union. The report will include the following information:

(a) Employee name

(b) Last 4 digits of the employees Social Security Number.

(c) Job Classification

(d) Seniority date

(e) Current Address

Section 11.10 Masculine - Feminine References. In construing and interpreting the language of this agreement, reference to the masculine such as “he”, “him”, or “his” shall include reference to the feminine.

Section 11.11 Contributions to Machinists' Nonpartisan Political League. Upon receipt by the Company of a signed voluntary authorization by an employee, on a form approved by the Company, requesting that there be deductions made from his wages, in a monthly amount designated by the employee, such deductions to be forwarded to the Union for use by the Machinists Nonpartisan Political League, the Company will thereafter make such deductions and forward them to the Machinists' Nonpartisan Political League, in care of the Union. Such authorization will remain in effect for the duration of this agreement, unless earlier canceled in writing by the employee.

Section 11.12 Contributions to Guide Dogs of America. Upon receipt by the Company of a signed voluntary authorization by an employee, on a form approved by the Company, requesting that there be deductions made from his wages, in a monthly amount designated by the employee, such deductions to be forwarded to the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the employee.

Section 11.13 Bereavement Leave. Bereavement leave of three (3) days, with pay, will be provided for full time Company employees when an employee loses time due to a funeral, or interment of a member of their immediate family.