Att_11_AIMD_NASP-NASWF_CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

L-3 COMMUNICATIONS VERTEX AEROSPACE, LLC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO

LOCAL LODGE NO 2777

T-39/AIMD PROGRAM

NAS Pensacola/NAS Whiting Field, FL

EFFECTIVE DATE: June 26, 2014 THROUGH June 25, 2017

TABLE OF CONTENTS

01.00 AGREEMENT

02.00 PREAMBLE

03.00 RECOGNITION

04.00 UNION SECURITY

05.00 MANAGEMENT RIGHTS

06.00 UNION ACCESS TO OPERATIONS

07.00 GRIEVANCE PROCEDURE

08.00 DISCHARGE AND DISCIPLINE

09.00 NO STRIKE/NO LOCKOUT

10.00 BULLETIN BOARDS

11.00 BARGAINING UNIT WORK

12.00 SENIORITY

13.00 FILLING OF VACANCIES

14.00 HOURS OF WORK

15.00 OVERTIME

16.00 LEAVE OF ABSENCE

17.00 JURY DUTY/WITNESS PAY

18.00 UNIFORMS AND SPECIAL CLOTHING

19.00 VACATIONS

20.00 PAID PERSONAL TIME (PPT)

21.00 BEREAVEMENT LEAVE

22.00 HOLIDAYS

23.00 401K DEFERRED COMPENSATION

24.00 IAM PENSION PLAN

25.00 INSURANCE

26.00 WAGE RATES AND BENEFITS

27.00 UNION REPRESENTATION

28.00 OFF-SITE ASSIGNMENTS

29.00 GENERAL

30.00 TRAINING

31.00 DURATION

APPENDIX A

01.00 AGREEMENT

01.01 This Agreement made and entered into this June 26, 2014, by and between L-3

Communications Vertex Aerospace, LLC, (hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers, AFL-CIO, and its Local No. 2777 (hereinafter jointly and severally referred to as the Union) to be effective on June 26, 2014.

01.02 This Agreement shall remain in effect until midnight on June 25, 2017, without reopening rights for any purpose by either party, and shall automatically renew itself from year to year thereafter unless written notice of desire to terminate the Agreement is given by either party at least sixty (60) days prior to June 25, 2017, or at least sixty days prior to any annual expiration date thereafter. If such written notice of desire to terminate is given, the parties may nevertheless mutually agree in writing to an extension of this Agreement for a specified length of time beyond the expiration date.

01.03 It is the mutual intent of the parties to provide for the efficiency of the operation and maximum production of the employees under methods which further the safety of all affected parties, the efficiency and economy of operations and the continued employment under conditions of reasonable hours, compensation and working conditions as contained herein so that operations will be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government with due regard to competitive conditions.

01.04 The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to meet its contractual obligations.

Nothing in this Agreement is intended nor will any provision of the Agreement prevent the Company from meeting its obligations and responsibilities as a contractor.

The Union and the Company recognize that the Government may impose various demands or obligations upon the Company and its employees. If such action requires, the Company and the Union agree to comply with the requirements to the degree necessary, subject to rebuttal by either or both parties through the grievance and arbitration procedures and/or the courts, if deemed necessary.

02.00 PREAMBLE

02.01 The parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, hours, and working conditions of the employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful means for the settlement of any disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

02.02 For purposes of simplicity, the masculine gender is used throughout this agreement although it is understood that all references to gender include both sexes.

03.00 RECOGNITION

03.01 The Company hereby recognizes the Union as the sole and exclusive bargaining representative of all its production and maintenance employees employed at AIMD

Pensacola, Florida, in keeping with a certification issued by the National Labor

Relations Board on January 17, 1995, in case no. 15-RC-7873, for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined.

03.02 The Company hereby recognizes the Union as the sole and exclusive bargaining representative of all its production and maintenance employees employed within the

T-39 element of the Strike Maintenance Project at U.S. Naval Air Station, Pensacola, Florida, in keeping with a certification issued by the National Labor Relations Board on September 3, 1992, in case no. 15-RC-7704, for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined.

03.03 The Company agrees to extend recognition of the Union for employee representation on new platforms and/or aircraft, for example T-45, that operate at NAS Pensacola that replace, supplement or augment the T-39 or AIMD operations. The Company further agrees to negotiate issues regarding implementation of said program(s) with the Union.

Transfers and assignments will be implemented as negotiated under this Agreement.

03.04 In the event that any federal or state legislation, governmental regulations or court decisions cause invalidation of any Article or Section of this agreement, all other

Articles and Sections not so invalidated shall remain in full force and effect.

03.05 Within thirty (30) days, the Company and Union shall meet to negotiate new contract language to replace the particular clause(s), which was invalidated by federal or state legislation.

03.06 The Contract shall be printed at the Company’s expense in a bound book format. The

Company shall distribute this Contract to each employee on the payroll within 60 days of signing of the contract as well as to each person who is hired or rehired.

03.07 a. In addition, the Company shall furnish five (5) copies of printed contracts to the

Union, to include one copy in an electronic version in a Microsoft Office compatible format, on compact disk in a format compatible with an IBM-type personal computer.

b. In addition, the Company shall furnish each Chief Steward with a copy of the contract, job descriptions, drug free workforce policy, HR3 – Alcohol & Drug

Testing, dated January 2, 2012, and Corrective Action Guide, dated March

19, 2013, in printed format and in an electronic version in a Microsoft Office compatible format, on compact disk in a format compatible with an IBM-type personal computer.

c. The Company will furnish a printed copy of the job descriptions, drug free workforce policy, HR3 – Alcohol & Drug Testing, dated January 2, 2012, and

Corrective Action Guide, dated March 19, 2013, in each work center and the

Technical Library for the employees’ utilization and reference. A printed copy of each document will be given to each element’s Chief Steward.

d. Each employee will receive a printed copy of their own job description.

e. The company will provide an internet link for the health, vision, dental and death

Summary Plan Descriptions on Pensacola NAS company bulletin board.

03.08 There shall be no discrimination or harassment by the Company or the Union against any employee because of race, sex, creed, color, national origin, age, handicap, veteran status or other status protected by applicable federal, state or local laws or regulations.

03.09 There shall be no discrimination or harassment by the Company or the Union against any employee because of membership or non-membership in the Union. There shall be no interference, restraint, or coercion by the Company of any employee in the exercise of the employee’s lawful activities on behalf of the Union, so long as such activities are not conducted on company time, nor interfere with other employees performing their jobs, or with the conduct of operations, except as specifically provided for in the

Agreement under the grievance procedure, Article 07.00 and as referenced in Article

27.00.

04.00 UNION SECURITY

04.01 Membership in the Union is not compulsory. Employees in the bargaining unit must, as a condition of continued employment, be either a member of the Union and pay

Union dues or pay an Agency fee to the Union, but not both. If such condition of employment is not met, the employee’s employment shall be terminated and such discharge shall be deemed to be for just cause as in compliance with standards permitted by the N.L.R.B. and court decisions relating to Agency shop requirements.

Employees have the right to join, not join, maintain, or drop their membership in the

Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee in regards to such matters.

04.02 Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the Company (with a copy to the Union) a Dues/Agency Fees Deduction

Authorization as provided for in this Article that shall authorize the Company to deduct from the employee’s pay an amount of money equal to the Union’s regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly

Union dues/Agency fees to be remitted to the General Secretary Treasurer of the

International Associations of Machinist and Aerospace Workers as set forth in this

Article, or pay directly to the Union an amount of money equal to the Union's regular and usual initiation fee or reinstatement fee and an amount equal to its regular, uniform and usual monthly dues as certified by the Secretary-Treasurer of Local

Lodge 2777 of the International Association of Machinists and Aerospace Workers.

It is understood that Union dues/Agency fees are due and payable on the first payday of each month. Employees electing to use the Union Dues/Agency Fees Deduction

Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts dues from their paycheck on the first pay period of each month. Employees electing to pay their dues directly to the Union shall make

Union Dues/Agency Fees to the Union by the end of the calendar day on which the employee is paid.

04.03 Any employee within the bargaining unit who is required to contribute to the Union as provided for in Section 04.02 of this Article and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Article during the period of time such employee remains outside the bargaining unit or on layoff.

04.04 No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the Company's active payroll including layoff.

04.05 An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the

Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues/Agency fees to an authorized agent of the

Union or pay through authorized payroll deductions the Union’s regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) and its regular uniform and usual monthly Union dues or

Agency fees as are authorized by the employee to be withheld in accordance with this

Article. Once the Union becomes aware of the employee’s delinquency and the

Union notifies the employee of the delinquency, the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved the Union shall notify the Company and the employee. The Company shall discharge the employee on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.

04.06 Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union dues or Agency fees directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees or reinstatement fees and Union dues or Agency fees, the Union will make refunds directly to such employees.

04.07 Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees

Deduction Authorization has been received, beginning with the pay for the first full pay period in the month following receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such Union dues or Agency fees deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

a. Deductions shall be remitted to the General Secretary Treasurer of the

International Associations of Machinist and Aerospace Workers within 10 days following the first payday of each month. The Company will electronically furnish the General Secretary Treasurer of the International Associations of Machinist and

Aerospace Workers, Secretary Treasurers of Local Lodge 2777 and District Lodge

75, at the same time, a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction.

b. When ceasing to deduct Union dues or Agency fees for any reason, the Company will submit the name(s) of such employee(s) in alphabetical order, and the reason for no deduction to the Secretary Treasurer of Local Lodge #2777 and District

Lodge 75 at the same time the monthly dues deduction list is remitted.

c. When ceasing to deduct Union dues or Agency fees for any reason, the Chief

Steward will be notified of the stoppage within one (1) business day of the stoppage.

04.08 At the time this Agreement becomes effective, the parties agree to begin to use the following Dues Deduction Authorization form for all new dues deductions or other applicable form as supplied by the Union. In addition, each individual authorization card signed and dated prior to the date of the contract ratification shall, upon ratification, have its effective dated changed to reflect the ratification date and the initial irrevocable period shall run one (1) year from the date of the ratification of the

Collective Bargaining Agreement. Thereafter, dues authorization shall conform to the terms of the Dues Authorization Card.

04.09 The Union Dues Or Agency Fees Deduction Authorization form for the deduction and check-off of Union dues or Agency Fees will be provided by the Union.

04.10 The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article provided the Company has met its obligations under the terms of this Article.

05.00 MANAGEMENT RIGHTS

05.01 The Company shall retain the exclusive authority, rights and powers to manage its business and direct the working force. Such authority, rights, and powers include, but are not limited to, the right to hire, assign, transfer, promote, reclassify, layoff, discipline for cause (including suspension and discharge); determine work schedules and the starting and quitting time; the number of hours and shifts to be worked; the qualifications of employees; to establish and modify rules and regulations not in conflict with the terms of this Agreement; to close down, curtail, or move the business, or any part thereof; to discontinue its business in whole or in part; to sell or dispose of all or any part of the business; to introduce otherwise generally manage the operations and direct the working force. These rights are not intended to be all-inclusive, but enumerate by way of illustration, the type of rights which belong to the Company.

05.02 Except as expressly modified by a specific provision of this Agreement, or except as such rights are specifically relinquished herein, all rights, powers or authority which the

Company had prior to the signing of this Agreement are retained by it. No relationship between the parties shall be construed to constitute or create any implied limitation on the Company’s authority, rights, or powers.

05.03 The Company agrees that during the term of this Agreement no work currently performed by the employees in the bargaining unit will be subcontracted. When the

Company is directed to by the Government to sub-contract work that is currently being performed by the bargaining unit, the Company will provide the Union a written copy of the directive.

06.00 UNION ACCESS TO OPERATIONS

06.01 The Company agrees that the Business Representative or Acting Business

Representative will be allowed to visit employees while they are on the job in the

Company's operations for the sole purpose of investigating specific grievances or complaints related to the provisions of this Agreement. Prior approval must be obtained from the site manager or his designee and such visits shall not interfere with production or work being performed.

06.02 The Union Representative shall notify the site manager or his designee when he is leaving the Company's operations.

06.03 The Company, if it desires, may have a Company representative accompany the

Business Representative while he is visiting its operations. The Chief Steward may accompany the Business Representative.

06.04 The Company reserves the right to withhold its permission for visits to its operations as set out in 06.01 in the event of abuse of the privilege by the Business or Acting

Business Representative of the Union.

06.05 The Union may schedule a site visit of the District’s Business Representative(s), Grand

Lodge Representatives to meet with the elected shop stewards and Chief Stewards, for a period not to exceed one hour. A “walk through” of the Representatives to meet the employees presently at work will also be permitted. This site visit will not occur more than once per month unless authorized by the Site Manager.

06.06 During the period of Union officer elections, the Company will allow a “walk through” of the candidates for such position, with the currently elected Chief Steward.

07.00 GRIEVANCE PROCEDURE

07.01 For purposes of this Agreement, a grievance is defined as a dispute between the

Company and the Union or between the Company and any non-probationary employee covered hereby, with respect to the alleged violation of a specific provision of this Agreement. Grievances as herein defined shall be processed in keeping with the following procedure:

a. STEP ONE

Both parties encourage the verbal resolution of disputes as quickly as possible.

An aggrieved employee may discuss the dispute with the supervisor involved and may have his steward present during this discussion. However, grievances must be submitted to the supervisor in writing, on a form mutually agreed to by the

Company and the Union, containing the information set out in Section 07.04. This form must be presented to the supervisor within ten (10) working days following the occurrence which caused the grievance or the Union was aware of the condition or occurrence upon which the grievance is based. If the grievance has not been satisfactorily resolved within three (3) working days following its presentation to the supervisor, then;

b. STEP TWO

The grievance may be submitted to the appropriate Department Manager within three (3) working days following the answer of the immediate supervisor. The appropriate Department Manager shall give his written answer to the grievance within three (3) working days after its submission to him. Either side may request a meeting to discuss the details of the grievance and attempt to reach a resolution prior to the issuance of the Department Manager's written answer. In the event there is no satisfactory settlement of the grievance at this Step, then;

c. STEP THREE

The written grievance may be submitted to the Site Manager within five (5) working days following answer in Step Two. The Site Manager will discuss the grievance with the three member Union Grievance Committee consisting of the

Chief Steward and 2 Grievance Committee members, the steward involved and the aggrieved employee within five (5) working days following its submission to him. The Site Manager will give his answer within five (5) working days following the meeting. The Union reserves the right to have the assigned

Business Representative or his designee present during the Step Three Grievance presentation.

d. STEP FOUR

If there is no satisfactory settlement of the grievance in Step Three, The Union or the Company may appeal the grievance to arbitration by making a written request for such action within not more than fifteen (15) working days following the Site

Manager's answer in Step Three.

e. No grievance will be considered under the grievance procedure unless it is presented in Step One within ten (10) working days following the occurrence of the event giving rise thereto, or the Union was aware of the condition or occurrence upon which the grievance is based. Except in the case of off-site assignments, in which case the grievance must be presented within ten (10) working days of the date that the employee returns from the off-site assignment.

07.02 The parties understand and agree that the time limits set forth in the various steps of the grievance procedure are essential to the prompt resolution of the grievances.

Accordingly, if such time limits are not abided by, except in those instances where the parties mutually agree in writing to extend such time limits, then in the event that the grievant and/or Union does not act within the time limits provided, the grievance shall be deemed to be withdrawn and forever settled and waived. In the event the

Company fails to respond within the time limits provided, the grievance shall be automatically advanced to the next step of the grievance procedure provided;

however, there must be a written request for arbitration as set out above.

07.03 In cases involving suspension or discharge, Steps One and Two will be waived and the matter taken up with the Site Manager within five (5) working days following such action by the Company.

07.04 The grievance form shall contain the following information:

a. Name(s) of the employee(s) involved;

b. Approximate date of alleged grievance;

c. Date of first discussion of grievance with the Supervisor;

d. Date of Supervisor's answer;

e. Nature of grievance;

f. Date of presentation of written grievance;

g. Section or sections of the contract alleged to have been violated; and

h. Proposed remedy.

07.05 The handling of grievances as outlined in Steps One, Two and Three and those involving suspension or discharge will be during working hours of those involved without loss of pay. Any arbitration shall be handled on off duty time unless otherwise specifically requested by the Company.

07.06 Upon receipt of a notice of desire to take a grievance to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Services to furnish a panel of seven (7) arbitrators for the purpose of selecting an arbitrator. In addition, both parties shall share equally in the cost of the panel. The Company will provide its’ cost share for the panel to the Union in a timely manner.

07.07 Only the Union or the Company may request arbitration of the other.

07.08 Upon receipt of the panel, the parties shall make mutually satisfactory arrangements for the purpose of selecting an arbitrator by the process of alternately striking the names from the list until only one remains. The last remaining member shall serve as arbitrator. The party striking first shall alternate from panel to panel. Either party may reject one (1) panel. Upon such rejection, an additional panel shall be requested in writing from the Federal Mediation and Conciliation Services by the party rejecting such panel with a copy of such request to the other party.

07.09 The arbitrator's authority shall be limited to disposition of the grievance arising under the contract, and he may only interpret and apply the contract provisions to the facts of the particular grievance. The arbitrator shall have no power or authority to change, alter, modify, detract from or add to the terms of this Agreement. No award shall have retroactive effect prior to the date of the occurrence, which led to the filing of the grievance upon which the arbitrator's award is based.

07.10 The arbitrator's award shall be final and binding upon the Company, the Union, and the employee.

07.11 The Union or the Company, whichever is ruled against by the arbitrator, shall pay the fees and costs of the arbitrator including his necessary expenses. All arbitrations shall be held in Escambia County, Florida. Each party shall otherwise pay its own cost and expenses.

07.12 Policy Grievances

It is understood that the Chief Steward may file grievances on behalf of the Union’s interests under this agreement. Therefore, if a grievance pertains to the Company’s interpretation of the intent and purpose of the application of a specific article and section of this agreement, the grievance may be filed by the Chief Steward on behalf of the Union. Further, if a grievance relates to policy and affects numerous employees, the grievance shall be consolidated and filed by the Chief Steward on behalf of a group of employees. Otherwise, grievances shall be filed and signed by the employee involved or affected.

08.00 DISCHARGE AND DISCIPLINE

08.01 It is understood and agreed the Company may discipline or discharge any employee covered hereby for just cause. Should an employee feel such action improper and in violation of the employee’s rights under this Agreement, the employee shall be extended all the rights and privileges accorded by the grievance and arbitration procedures contained herein, provided the employee has completed the probationary period defined in the seniority article of this Agreement.

a. A warning, discipline or discharge notice shall be removed from the employee’s file and given to the Chief Steward and shall no longer have any future effect if it has been found through the grievance and/or arbitration procedure to have been unjustifiably issued.

b. The Company has the right to establish reasonable work rules and regulations, not in conflict with the terms of this Agreement, with such additions and revisions thereto, as are made by the Company. Employees shall be subject to such rules and regulations and any violations shall be considered cause for disciplinary action.

c. The Union will be notified of any new revised rules and regulations and policies.

The extent of any penalty levied against an employee for an alleged violation of the rules and regulations and policies is subject to the grievance procedure.

d. It is understood and agreed that any disciplinary action issued to an employee by the Company shall be issued within ten (10) calendar days following knowledge by the Company of the occurrence of the alleged violations. The above specified time limit may be extended by mutual written agreement of the parties.

e. Letters of warning, and reprimand shall be removed from the employee’s file and returned to the Chief Steward after a period of six (6) months from the date of issue. Employee(s) may review their personnel file upon request.

f. Letters of suspension shall be removed from the employee’s file and returned to the Chief Steward after a period of twelve (12) months from the date of issue.

Employee(s) may review their personnel file upon request.

g. Letters of reprimand and suspension once removed from the employees file shall not have any future affect on discipline.

h. Discipline will be progressive and consistent according to the Disciplinary Guide throughout the bargaining unit.

08.02 Any employee who defaces, adds to or writes over any general notices or bulletin, or posts unofficial bulletins or any notices that are vulgar or offensive may be subject to disciplinary action.

08.03 Failure to follow established safety procedures; to utilize required or provided safety equipment or protective clothing; or to commit unsafe acts are considered cause for disciplinary action up to and including termination.

08.04 Intentional falsification of hours worked on a time card may be considered cause for disciplinary action up to and including termination.

08.05 In all cases of discharge, suspensions, or where written warning or reprimand notices are given to employees of the bargaining unit, the Chief Steward, or the designated representative, will receive a copy of said notices within three (3) business days. In all cases where an employee is being discharged, suspended, or will be receiving a written or verbal warning notice or written or verbal reprimand, the Chief Steward or his designee shall be present. Such requests will be honored by the Company. In cases involving suspension or discharge, the employee shall be provided a reasonable amount of time to discuss the matter with his Steward, or the Chief Steward, prior to leaving the premises, except in cases where a Steward or the Chief Steward is not available at the site, or the continued presence of the employee is disruptive. Prior to deciding on the discharge of an employee, the Company will first have suspended the employee for a period not to exceed five (5) work days. Within that period and before the Company makes its decision final, a discussion will be held with the Union during which time the Union may present any facts or other information which it wishes the

Company to consider.

08.06 In cases of layoff, dismissal, or suspension, the employee and the Chief Steward, or the designated representative, shall be given a copy of the notice, as applicable if the employee is available to be presented with such copy. If the employee is not available, a copy of the notice will be sent to the employee by certified or registered mail to the employee’s last known address, and a copy shall be given to the Chief

Steward. The employee shall have the right to appeal the action shown on the notice, provided the employee files a written grievance with the Company in accordance with the grievance procedure in this Agreement.

09.00 NO STRIKE/NO LOCKOUT

09.01 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this Agreement:

a. The procedure provided for herein, for the settlement of grievances arising under this Agreement, may serve as a means for the settlement of disputes that may arise between the Parties. However, nothing in this section, or any section of this

Agreement, limits the Company's or the Union's right to seek and receive legal and equitable relief in the event of the breach of the no strike - no lockout provision, including but not limited to, injunctive relief prohibiting any lockout, strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interfere with any of the operations of the Company.

b. The Union (its officers, and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing or any other action which deliberately interferes with any of the operations of the Company.

c. Any employee or employees, individually or collectively, who shall cause, encourage, or take part in any violation of this article, or any activities prohibited by this article, may be immediately discharged, or subject to other disciplinary actions as the Company may unilaterally consider appropriate. Any such disciplinary action shall be subject to the grievance procedure and arbitration procedure as defined herein. If it is determined under the established grievance/arbitration procedure that such an employee(s) did participate in such an action, in violation of this provision, the disciplinary action taken shall not be altered. If the decision under the grievance and arbitration procedure is that such an employee or employees did not participate in such acts, the redress shall be as determined by the grievance/arbitration procedure and limited to "making whole” the individual employee involved, if warranted.

d. In the event of a violation of this article, the Union, (its officers, agents and members) individually and collectively agree that it will use its best efforts and end such prohibited conduct, taking actions including:

1. Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any such prohibited conduct.

2. Immediately notify all employees in writing that such prohibited conduct is in violation of the Agreement.

3. Requesting those employees violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

4. Make every other reasonable effort to have employees cease such acts as prohibited.

e. The Company agrees that it will not engage in any lockout of employees during the term of the Agreement, providing the Union is in full compliance with the provisions of this article.

10.00 BULLETIN BOARDS

10.01 The Company agrees to provide ten (10) bulletin boards for posting legitimate Union

Notices. These shall be located as follows:

1. In Production Control, Hangar 3260

2. Avionics Shop, Hangar 3260

3. Support Equipment Shop, Hangar 3580

4. Aviators Life Support Equipment, Hangar 3260

5. Whiting Field

6. Air Frames Break Room, Hanger 3260

7. Air Frames Shop, Hanger 3260

8. Airframes Tire and Wheel Shop

9. T-39 Avionics Area Building 3633

10. Support Equipment Break Room

10.02 The Company agrees to provide the above listed bulletin boards for the exclusive use of the Union at appropriate places in the work site for the purpose of posting legitimate Union notices. Legitimate Union notices are defined as:

a. Notices of meetings.

b. Notices of official Union elections and results.

c. Notices of official Union appointments.

d. Official notice of Union recreational and social events and fund raising events.

e. Any union official may post any union approved literature on Union Bulletin

Boards with approval of the Site Manager.

11.00 BARGAINING UNIT WORK

11.01 Non-Bargaining Unit Personnel

Supervisors and employees not covered by this Agreement shall not perform work normally performed by employees in this bargaining unit, except in cases of emergency (the term “emergency” is defined to mean an unforeseen combination of circumstances, which call for immediate action), or for licensing certification (when specifically required for certification or re-certification). This Article shall not be construed to prevent employees outside the bargaining unit from performing work normally within their regular duties.

11.02 Supportive Operations

It is recognized that this bargaining unit consists of two elements whose operations are basically separable. The AIMD element performs Intermediate level maintenance and the T-39 aircraft element performs organizational level maintenance under the

FAA Rules. Employees will not be cross utilized except as stated in paragraph 11.03.

11.03 The duties and responsibilities in six job classifications are mainly administrative in nature and should not be restricted to a single element. These include Logs and

Records, Technical Publications Librarian, Property Control, IMRL, Tool and Parts

Attendants, Training Coordinator and Data Analyst.

11.04 In some areas, such as Data Analyst, the workload does not justify more than one employee to perform the required tasks for more than one element. Employees in those classifications and work areas will perform all necessary and assigned work normally performed by their classification without regard to work unit origin.

11.05 Normally, if the workload is sufficient to justify full time employment of individuals in one element or the other, full time positions will be filled in each element.

However, the overall task may not justify back-up personnel for sick/personal/vacation time off. In the event of absence or some other similar circumstances, employees in the job classification and work areas designated above will perform all necessary and assigned work normally performed by their classification without regard to work unit origin as stated in paragraph 11.03.

11.06 In emergency situations, employees in these areas, as identified in 11.03, may be directed to another work area when management determines that the work needed to be done is of a higher priority than the available work in their work area. Employees will be permitted to volunteer for this work on the basis of seniority. If there are an insufficient number of volunteers, the assignments will be made on the basis of reverse seniority.

12.00 SENIORITY

12.01 Definition

The purpose of seniority is to provide preference in lay-off and recall to work, job bidding, shift assignment and on the job training and new technologies training within specific bargaining units.

12.02 In the application of seniority principles, the company will give preference to seniority if other factors are substantially equal. For seniority to be applicable, the employee involved must have the ability to meet the qualifications to perform the work involved. Overtime opportunity and detachment selection is determined in accordance with Article 15.00 and Article 28.00, whichever is applicable. An individual’s seniority date is the time worked in the bargaining unit. An individual’s hire date is used to compute vacation and benefits.

a. Seniority

Seniority will be determined by an employee's length of continuous service with the Company and the preceding companies at NAS Pensacola and NAS Whiting

Field AIMD and T-39 elements of the UMFOTS Project, within the bargaining unit, measured in calendar days from the first day the employee actually worked the AIMD and T-39 projects on or after the employee's most recent date of hire.

1. If application of the preceding sentence results in two (2) or more employees having the same seniority, the employee with the lowest last four (4) digits in his Social Security number shall be deemed more senior.

2. Seniority shall not accrue to a probationary employee until completion of the ninety (90) day probationary period, at which time the employee shall possess seniority as defined in this Section.

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

4. The Company will provide a list of newly hired employees to the Union on a monthly basis. Seniority shall be applicable only as expressly provided in this

Agreement.

5. Employees who have taken a position outside the bargaining unit will not accrue further seniority, until they return to the bargaining unit, not to exceed the six (6) month limit outside the bargaining unit.

b. Seniority Rules

The employee determined to be senior based on procedures set forth in this section, 12.02.a and 12.02.a.1, will be given preference over all other employees in the same classification for temporary or permanent opportunities that may arise and that are not specifically abridged, delegated or modified by other specific provisions of this agreement.

12.03 Layoff

a. Determination of Layoffs

The Company will determine the timing of layoffs, the number of employees to be laid off, and the classification that will be affected by the layoff in each work element, AIMD and T-39. A uniform reduction in the number of hours scheduled in a workweek for all employees in a classification in each element, AIMD and T-

39 shall not constitute a layoff.

b. Layoffs

If the Company determines that one (1) or more employees in a classification are to be laid off, the Company will lay off the least senior employees in the classification. The Company will provide one week advance written notification of lay off. A two week notice will be given whenever possible. The Company will have the right to transfer employees to fill shift vacancies created by the layoff.

12.04 Bumping

An employee laid off pursuant to 12.03.b of this Article, may bump a less senior employee in another classification in the same labor grade or in a lower paid labor grade, if the bumping employee has more seniority than the employee that he will bump and is qualified to perform the work. In such cases the Company will have the right to transfer employees to fill shift vacancies created by bumping. Bumping rights must be exercised within three (3) working days after the employee is notified that a layoff will take place. If the employee is eligible to bump into more than one (1) classification, he may choose the classification in which to bump. If an employee takes layoff in lieu of exercising his right to bump another employee, that employee will lose his right to displace another employee based on his seniority or recall rights.

a. An employee who is unable to perform the duties of the classification to which he bumped within thirty (30) workdays after being awarded the job shall be returned to the job classification and labor grade that he held prior to exercising his bumping rights. The employee will be told the reason for his disqualification.

There shall be no bumping between the AIMD and T-39 elements.

12.05 Recall

a. Order of Recall

If the Company determines to fill a vacancy in a classification from which employees are laid off, such employees shall be recalled in the reverse order of layoff.

b. Notice of Recall

The Company will forward notice of recall by certified mail to the last known address of the employee as reflected on Company records, with a copy of the notice being provided to the Union Chief Steward at the time of the mailing. The employee must, within two (2) working days of the receipt of the certified mailing of the notice of recall, notify the Company of his intent to return to work on the date specified for recall. The employee will be allowed fourteen (14) calendar days to return to work unless an extension is granted by the Company. Employees who fail to properly notify the Company of their intent to return to work or fail to return to work as scheduled will be terminated.

12.06 Termination of Seniority

An employee's seniority shall be terminated and his rights under this Agreement forfeited for the following reasons:

a. discharge without being reinstated, quit, retirement, or resignation;

b. failure to give notice of intent to return to work after recall within the time period specified in Section 12.05.b of this Agreement, or failure to return to work on the date specified for recall, as set forth in the written notice of recall.

c. failure to return to work upon expiration of a leave of absence.

d. layoff for a period of twelve (12) months.

e. failure to return to work from a disability after a period of eighteen (18) months.

f. leaving the bargaining unit for a position in management that exceeds six months.

12.07 Seniority List

The Company shall provide the Union with a current seniority list every three (3) months or when requested by the union. Any alleged error in a seniority list may be reported to the Company by the Union and/or the employee. If the listing is proven to be in error, it will be corrected and the Company will not be obligated for any application or retroactively. The AIMD and T-39 elements shall have separate seniority lists.

12.08 Shift Changes

The Company and the Union agree to the principles that shift preference, including starting times within a shift, for available jobs shall be given to senior employees.

Employees who wish to be considered for shift change must submit a written request at least thirty (30) days before the effective date of the desired change. Once an employee has made a shift change, that employee must remain on that shift for a minimum of four (4) months before he will be eligible to request another shift change or be bumped to another shift. The Company reserves the right to refuse a shift change request if it creates an undue personal hardship for the employee being bumped. The aforementioned four (4) month shift change restriction will not prevent an employee who has been bumped from displacing a less senior employee on a different shift.

a. Employee(s) within the same classification on different shifts who agree to exchange shifts for a period of time shall be allowed to swap shift with pre-approval of management.

12.09 Super Seniority

Permanent and duly elected Chief Stewards, Grievance Committeemen, Negotiating

Committeemen and/or Shop Stewards shall be the last to be laid off in his classification, provided they are willing to perform the available work, and at the same work location for the period of time that they are elected to serve as Stewards or

Committeemen.

a. The Union will notify the Company in writing stating the names of the Stewards, Chief Stewards and the areas they represent. Any subsequent changes of Stewards will not be recognized by the Company until official notice is received from the

Union. The Company will provide this information to each supervisor having authority over employees covered by this agreement. The Union may post this information on the Union bulletin boards.

13.00 FILLING OF VACANCIES

13.01 If the Company determines to fill a new or existing job, on a permanent basis, in a job classification within the bargaining unit, the Company will post a notice of vacancy or job opening on all bulletin boards described in Article 10.00 for a period of not less than five (5) working days. Subject to the provisions of Section 13.03, any employee may submit a bid for the job to the Company via the Site Manager or his designated representative, in writing, during the posting period. The notice posted declaring that such vacancy or job opening is to be filled shall contain at least the following information:

The date the notice is posted and the date and time the notice will be removed.

The job, with classification, to be filled.

Job description.

Rate of pay.

Initial shift to be worked.

Effective date the job is to be filled.

a. The Company shall not be required to post a notice of vacancy or job opening for a particular job more than once every sixty (60) days. Any bid submitted within the posting period shall remain valid for sixty (60) days. The Bargaining Units

Chief Steward will be furnished a copy of all bids.

b. When a position becomes available within an element of the bargaining unit and cannot be filled with an employee from that element of the bargaining unit, the position will be made available to employees in the other elements of the AIMD, or T-39 elements following the procedure described in 13.02 of this Article.

13.02 From among employees who submit bids for the posted job, the Company will award the job to the most senior qualified employee. If the Company holds an internal interview, a Steward will be present to observe the process. If the job is to be filled and there are no bids submitted by employees, employees who have been temporarily transferred to work in that classification for a period of 2 consecutive months or more will be considered qualified and allowed to bid on the vacancy prior to the Company hiring a new employee, otherwise, the Company may hire a new employee. Qualified is defined in Article 29.06.

13.03 Restrictions on Bidding

An employee who is awarded a job for which he bids must accept it, providing the award is made within fifteen work days of the effective date that the job is scheduled to be filled, as provided for in Section 13.01 of this Article, otherwise the employee shall have the option of withdrawing his bid. If, immediately prior to being awarded a posted job, the employee's designated job classification was in the same labor grade as, or a higher paid labor grade than the posted job, the employee may not bid for another job for a period of twelve (12) months after being awarded the job.

13.04 Disqualification of Bidder

An employee who is unable to perform the job to which he bid to the satisfaction of the Company within thirty (30) work days after being awarded the job shall be returned to the job classification and labor grade he held at the time of submitting the bid. The employee will be given the reasons for such disqualification in writing.

13.05 Pay Adjustments

Employees promoted or temporarily assigned to a job which is paid at a higher rate shall receive the rate of the higher job class or continue at their present rate, whichever is greater, provided that the employee performs the higher rated job for at least thirty

(30) minutes. Employees who transfer into jobs, which are paid at a lower rate, shall receive the rate of the lower job class.

13.06 As determined by the Company, and agreed to by the Union, bargaining unit employees may be transferred to other assignments within the bargaining unit for the purpose of on the job training of employees in the operation and/or maintenance of the equipment involved, or for purposes of training for promotion.