SAM.gov attachment 7 Rome CBA 9-1-22 to 8-31-24 Approved.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ROME RESEARCH CORPORATION

and

LOCAL UNION NO. 1426

of the

INTERNATIONAL BROTHERHOOD OF ELECTRICAL

WORKERS, AFL-CIO

NAVAL RADIO TRANSMITTER FACILITY

LAMOURE, ND

September 1, 2022 through August 31, 2024

TABLE OF CONTENTS

ARTICLE TITLE PAGE #

Preamble of Agreement 1

1 Recognition 2

2 Rights of Management 2

3 Union and Company Relations 3

4 Grievance Procedure and Arbitration 5

5 Seniority 7

6 Workweek, Hours of Work, Shifts 9

7 Overtime 11

8 Leave of Absence 12

9 Safety 13

10 Separability 14

11 Miscellaneous 14

12 Workforce Administration 16

13 Jury Duty 18

14 Short-term Military Duty 18

15 Rates of Pay 19

16 Vacation 21

17 Sick Leave 22

18 Holidays 23

19 Group Benefits 24

20 Retirement Plan 26

21 Savings Plan 27

22 Duration 28

Attachment A: Classifications and Wage Rates 29

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ROME RESEARCH CORPORATION

AND THE

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS

LOCAL 1426

LAMOURE, ND

THIS AGREEMENT, dated as of the 1st day of September 2022 by and between Rome Research Corporation (hereinafter referred to as the Company) and Local Union 1426 of the International Brotherhood of Electrical Workers (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 follow

ARTICLE 1

RECOGNITION

Section 1.1 Recognition. The Company recognizes the International Brotherhood of Electrical Workers, AFL-CIO, Local 1426 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 full-time allocated employees working 40 hours a week 52 weeks a year by Rome Research Corporation performing under U.S. Government contract N00189-18-C-Z059 at the Naval Radio Transmitter Facility (NRTF), Lamoure, North Dakota, excluding the Site Manager, Guards and Supervisors as defined in the National Labor Relations Act. Additional or new work awarded under contract N00189-18-C-Z059, and involving the performance of tasks requiring employees with skills similar to those of the employees in the classifications listed in Attachment A or the performance of work in conjunction with and/or in the proximity of such employees shall automatically be included in the unit for which the Union is recognized. If required, the parties will promptly meet to negotiate any necessary adjustments of this Agreement for such new or additional work.

ARTICLE 2

RIGHTS OF MANAGEMENT

Except as expressly and specifically limited by this Agreement, the Management of the Company has sole authority over the work force, including, but not limited to, the services performed, the location of the work force, the processes and materials to be purchased, the schedules and standards of employee performance, the methods, processes and means of providing services, the schedules and hours of work, the rights to hire, assign, promote, demote, upgrade, downgrade, layoff, recall and transfer employees, to establish rules of conduct, to re-assign, discharge or discipline for just cause, and to maintain efficiency and capability of employees are the sole and exclusive rights and responsibilities of the Company. Any of the rights, power, functions or authority which the Company had prior to the signing of this Agreement are retained by the Company, except as expressly and specifically limited by this Agreement. The Company does have the right to subcontract work and designate the work to be performed by the Company and the places where it is to be performed, which right shall not be subject to arbitration.

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, 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. The Company agrees that during the life of this Agreement the Union shall be given the highest degree of Union security permissible under applicable State or Federal law. In the event the law is changed to permit a higher or lower degree of Union security than is provided in this Agreement, such higher or lower degree of Union security will automatically be extended to the Union.

Section 3.3(a) Upon receipt of an employee's written authorization which shall be irrevocable for the period of one (1) year or the anniversary date of the Collective Bargaining Agreement, whichever occurs sooner, the Company shall deduct from such employee's pay the amount certified by the Union as the sum uniformly required to obtain or retain membership in the Union. Such written authorization may be revoked by the employee by written notice, sent by certified mail, to the Company and Union and received by them in the period between the forty-fifth (45th) and thirtieth (30th) day in advance of the applicable anniversary or contract date. Authorizations not revoked shall be automatically renewed for successive annual or contract periods.

Section 3.3(b) 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. 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.

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, Union and Company Relations.

Section 3.6 Business Manager - Access to Work Areas. The Business Manager of the Union shall have access to the LaMoure work areas 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 Business Manager may be required to obtain authorization from the Navy for access to walk areas relevant to this provision. The necessary Company badges and credentials will be available to the Business Manager during working hours. The Union shall keep the Company currently informed in writing of the name of the accredited Business Manager.

Section 3.7 Shop Stewards. The Union shall keep the Company currently informed in writing of the name of the accredited Shop Steward. An employee, while serving as the Shop Steward, shall not be surplused from his job classification, so long as other employees remain in his job classification.

Section 3.8 Departure from Work Assignment by the Shop Steward to Investigate Complaints or Claims of Grievance. The Shop 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 Manager 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 supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or steward, the supervisor shall authorize a steward to participate in a private discussion with an employee, business manager, 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 supervisor considers reasonable under the circumstances.

Section 3.9 Bulletin Boards. The Company agrees to provide bulletin boards to be mutually agreed upon by the Company and the Union for the exclusive use of the Union at appropriate places in the operation. The purpose of the bulletin boards is for the posting of information as follows:

(a) notices of Union meetings, (b) notices of official Union elections and results, (c) notices of Union appointments, and (d) any other official Union notices which shall be specifically approved in writing by the Site Manager or his designee.

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 or of involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance procedure.

No written grievance shall be filed or processed based on facts or events, or omission, which have occurred more than five (5) working days after the party is aware of the grievance. In cases involving dismissal or suspension, the grievance may be instituted at Step 2.

Section 4.2 Presentation of Grievances Prior to processing any written grievance, any party who believes he/she has a grievance, must discuss it with his/her immediate supervisor, with his/her steward being present. If the party is dissatisfied with the answer given by his/her supervisor, or no answer is given within three (3) normal work days, Step 1 will be followed.

Step 1. The party and his/her Business Manager or his/her designated representative shall present to the Site Manager or his/her designated representative, a written grievance form provided by the Union (which has been approved by the Company and the Union), stating what the grievance is, and the remedy sought. If the Site Manager’s decision is not satisfactory, or is not given within three (3) normal work days, Step 2 will be followed. Step 2 must be initiated within fifteen (15) days following the reply from the Site Manager. The union shall put in writing and submit to management the reason why the Site Manager’s decision is not satisfactory.

Step 2. In the event a satisfactory settlement is not reached in Step 1 within fifteen

(15) days following submission of written grievance to the Site Manager, the grievance may be submitted to the Labor Relations Office within ten (10) working days following receipt of the reply from the Site Manager. Every attempt shall be made between the parties to resolve the grievance. The Labor Relations Office will render a decision in writing within fifteen (15) days following discussions with the Union Business Manager. The parties may, by mutual agreement return the grievance to the first step for resolution.

Section 4.3 Arbitration. The Union may, no later than ten (10) working days after receipt of the Company’s decision in Step 2, submit the matter to Arbitration, by requesting that the Federal Mediation and Conciliation Service submit a list of seven (7) names of Arbitrators, from which the Company and the Union shall choose an impartial Arbitrator to decide the matter. Following receipt of the list of names of Arbitrators, the parties shall then alternately strike the names from the panel and the name remaining shall be the Arbitrator in the case. The determination of which party is to strike first shall be determined by coin flip. Striking shall take place within ten (10) days of receipt of the Arbitrator list.

Section 4.4 Arbitration - Rules of Procedure. Arbitration pursuant to Section 4.3 shall be conducted in accordance with the following

4.4(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.

4.4(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.

4.4(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.

4.4(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.

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

4.4(f) The Union or the Company, whichever is ruled against by the arbiter, shall pay the compensation of the arbiter including his necessary expenses.

4.4(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.

4.4(h) Except by mutual written agreement to the contrary, only one grievance shall be taken to Arbitration at any one time before the same Arbitrator.

Section 4.5 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 4.6 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 4.7 Retroactive Compensation. Grievance claims involving retroactive compensation shall be limited to thirty (30) calendar days; prior to the written submission of the grievance to Company representatives, provided, however, that this thirty (30) day limitation may be waived by mutual consent of the parties.

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. 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. If an employee has left employment with seniority without a discharge for cause and has regained employment the ninety (90) day probationary period shall be waved.

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.

5.1(c) After completion of the probationary period employees will receive a 1 (one) time allotment up to 30 days of unpaid time off to be. Request for time off must be made during probationary period, used within 6 (six) months and approved by the Site Manager. *This will go into effect September 1, 2023.

Section 5.2 Establishment of Seniority. The site seniority date of each employee, who, as of the effective date of this agreement, is in the unit defined in Article 1, or on authorized leave of absence from the unit, shall be in conformance with the date carried on the Company’s service records. The site 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.

Length of service includes the whole span of continuous service with the present (successor) contractor wherever employed, and with predecessor contractors in the performance of similar work at the same facility, and under a similar government contract.

5.2(b) An employee who has established seniority rights within the Bargaining Unit, and who is subsequently transferred or promoted to a position with the present successor contractor, predecessor, or a subcontractor of the prime contractor on site not covered by this Agreement, shall be deemed to have retained seniority rights in accordance with the provisions of this Agreement. If, in the opinion of the Company, it becomes necessary or advisable to return the employee to a position within the Bargaining Unit, all seniority rights acquired before such transfer or promotion will be restored. Time during the period of absence from the bargaining unit, seniority will not be accrued, unless otherwise stated in Section 5.5(a-g).

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 Bargaining unit seniority will be used to determine lay-offs, promotions and scheduling vacations.

Section 5.5 Accumulation of Seniority. Seniority shall accumulate to:

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

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

5.5© Time spent on authorized leave of absence for Union business in accordance with Article 8;

5.5(d) Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff status provided in 5.5(g);

5.5© 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;

5.5(f) The first 30 days of any other authorized leave of absence;

5.5(g) Time spent on layoff for a period not to exceed twenty-four (24) months.

Section 5.6 Loss of Seniority. An individual shall lose seniority rights for the following reasons:

5.6(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.

5.6(b) Discharge for cause;

5.6© Failure to respond with an acceptance within five (5) business days after dispatch of a recall from layoff notice by certified mail (unless such period is extended by the Company);

5.6(d) Failure to report for work within five (5) business days after acceptance or on such later date as may be designated by the Company;

5.6© 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;

5.6(f) Layoff for a period in excess of twenty-four (24) months;

5.6(g) Retirement;

5.6(h) Absence in excess of three (3) consecutive working days without notice, to his immediate supervisor shall constitute “resignation” as in 5.6(a) above, unless satisfactory evidence of inability to report for work is shown;

5.6(i) Reports the cause of such absence within three (3) consecutive working days, but remains away from work for more than five (5) calendar days, unless an authorized leave of absence has been granted by the Company, or presents a signed medical certificate from a physician which includes information pertaining to the fact that the employee was unable to work and was under treatment. The Company reserves the right to investigate these occurrences on a case by case basis;

5.6(j) If an employee(s) refuses to take a job in the same occupational classification in which the employee(s) hold seniority and was laid off from, the employee(s) shall be deemed to have resigned from employment.

5.6(k) Accepting other employment while on approved leave of absence without permission, unless approved in advance.

Section 5.7 Transfers to and From the Bargaining Unit.

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

5.7(b) 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.

Section 5.8. If, at the time of layoff or recall, an eligible employee refuses to take a job in a lower rated occupational classification than that from which the employee was laid off, the employee shall retain his/her rights to be recalled to that occupational classification in which the employee(s) was laid off from.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1 Definitions. It is understood by the parties that the Company may of necessity establish shifts to provide for seven (7) days, twenty-four (24) hours per day coverage at one extreme and performing “caretaker” status at the other extreme. With this understanding the following arrangements have been agreed upon for the treatment of hours of work and overtime at the facility based upon the current and anticipated future operational requirements.

6.1(a) Regular Work Week. The “regular work week” for all employees shall begin at 12:01 a.m. on Monday and shall end at 12:00 a.m. on the following Sunday night (i.e., seven (7) consecutive calendar days. Saturday to Friday inclusive).

6.1(b) The work day will consist of twenty-four (24) consecutive hours from 12:01 a.m. to 12:00 a.m. hours (the calendar day).

6.1(c) A weekly work schedule is defined as those hours an employee is scheduled to work during the course of a work week.

6.1(d) A daily work schedule is defined those hours an employee is scheduled to work during the course of a calendar day except that a daily work schedule which begins on one calendar day may extend into the next calendar day.

Section 6.2 Shift(s). To provide operational and maintenance coverage on a twenty-four (24) hours per day, seven (7) days per week basis, the following shifts and hours will be assigned:

NRTF EMPLOYEES

SHIFT SHIFT HOURS

A 08:00 AM to 4:00 PM B 4:00 PM to 12:00AM C 12:00AM to 8:00 AM

NOTE: Meals and coffee breaks may be taken during assigned shifts as operational requirements and past practices permit.

NOTE: Instead of taking the normal ½ hour lunch, employees may elect to leave the facility once turnover is completed. Employees not participating in a turnover (ex.

Facilities) may also take advantage of this early leave policy.

Section 6.3 Posting of Shifts and Hourly Schedule.

6.3(a) The Company shall post the Shifts and Hourly Schedule every Friday, or subsequent day following a holiday, at a minimum.

Modifications to the Shifts and Hourly Schedule shall be legibly completed in pen and ink by the Site Manager or Lead Technician. Affected employees shall be notified in person, by phone, by text, or by email.

6.3(b) The Company shall maintain a posted Shifts and Hourly Schedule for the current and two (2) following weeks.

6.3(c) The Company shall maintain a digitally accessible Shifts and Hourly Schedule containing no less than the next twelve (12) months. This digital posting will be used as a reference copy for VAC, PTO, and Extended Maintenance Period scheduling only. This copy will only be modified by the

Site Manager and Lead Technician unless directed to do so by the same.

Section 6.4 Shift Change. Employees may be changed from one shift to another and shift hours may be changed at any time. When such changes are made, the Company will make every effort to provide twenty-four (24) hours’ notice to the affected employee or employees. If notice is giving with less than twenty-four (24) hour notice, the shift change will be voluntary.

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 in the same classification.

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

Section 7.3 Time and one-half (1-1/2) shall be paid at the employee’s working rate for:

7.3(a) All hours worked in excess of forty (40) in the employee’s regular work week.

7.3(b) Hours worked on the employee's scheduled day off.

Section 7.4 All hours worked over twelve (12) in employee’s shift period shall be paid at the rate of Double (2) time. *This will go into effect September 1, 2023.

Section 7. 5The Company may utilize Temporary/Part Time employees to work a daily or weekly schedule which is less than the current normal workday or workweek only if full-time employees are not available as prescribed in Article 6 of this document, to accommodate schedule requirements.

(Meaning if an employee is able to volunteer for coverage of a shift or hours that need to be covered. Even if an employee already has completed a forty (40) hour work week.) The following applies to the use of Temporary/Part Time employees: Temporary/Part Time employees will:

1. not be utilized if there are any bargaining members on lay off status

2. be paid a cash benefit of $3.00 per hour for all hours worked to cover all benefits as outlined in the parties agreement

3. will not be used to displace full time bargaining unit employees

4. be paid the hourly rate as identified in Attachment A plus any applicable shift differential.

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

8.1(e) 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 in accordance 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 all reasonable provisions for the health and safety of its employees during hours of employment.

Section 9.2 The Union and the Company recognize that employees covered hereby are performing services for the U.S. Government in U. S. Government facilities and thereby use or repair such Government equipment. The Company is not authorized to maintain, modify or repair such Government facilities unless directed to do so by the government under terms of this Government contract. Within any constraints imposed on the Company agrees to use its best efforts to provide a place of employment which shall be safe and healthful for the employees and shall furnish and use safety devices and safeguards. Methods and processes adequate to render the place of employment safe and healthful shall be adopted with a view towards protecting the life, health and safety of employees. The term “safe and healthful” shall include additions and methods of sanitation and hygiene necessary for the protection of life, health and safety of employees.

Section 9.3 Safety meetings will be held as needed with management to discuss safety problems and practices in the work place. The Union shall appoint a Safety Representative and the Company acknowledges that Union’s Safety Representatives are advisory participants and it is the exclusive responsibility of the Company to maintain a safe work place in compliance with applicable federal laws, State laws and Navy regulations.

Section 9.4 The Company will schedule cardiovascular pulmonary resuscitation (CPR) training for all employees annually in the Company’s CPR training program.

Section 9.5 Protective work clothing, safety glasses and hard hats shall be furnished by the Company. Employees will receive $200.00 annually on August 1st, for the purchase of safety footwear (footwear must comply with American Safety Standard ASTM F2413-11). Such protective items, with the exception of footwear shall be issued to the employees at the discretion of the Company for temporary periods when they are engaged in work that requires the above mentioned items.

9.5(a) The company will contribute to an Annuity at the rate of $.25 per hour to be used at employees discretion. Contribution will increase to the rate of $.40 per hour September 1, 2023. This contribution will be on the base 40 hours.

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 used 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.

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 Vietnam era 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 bonafide 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 insure 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. Supervisors 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, or for other incidental work not to exceed four hours in a day.

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

Section 11.8 Bargaining Unit Status Report. A yearly seniority list, updated semiannually, will be provided to the Union. Upon any change of personnel status, a seniority list will be updated and provided to the Union. The report will include the following information:

(a) Employee name

(b) Social Security number

(c) Job number and classification

(d) Seniority date and Company Service date

Section 11.9 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 11.10 Education/Training Benefit. The Company agrees to establish and administer a training and education program for all employees. An amount equal to one percent (1%) of the annualized base hourly rate for employees on the payroll within the bargaining unit as of the end of the U.S. Government fiscal year will be available for this purpose. The site manager will post amount of training and education benefits available. Any funds remaining in the training/education budget at the end of the year for which the budget was established will not carry over into the following year.

Section 11.10(b) Members of the Collective Bargaining Unit are authorized reimbursement of any lodging, food, travel, tuition, books, license, and certificates expenses that are incurred to perform within their job description requirement. Funds shall be reimbursed from the education/training benefit noted in Section 11.10. Employees must present a copy of the receipt(s) for out of pocket expenses to be reimbursed.

Education/Training expenses that are provided by the U.S. Government or the Company shall be at no charge to the employee, any additional training needed to meet the U.S.

Government Performance Work Statement shall be at the expense of the Company.

TRAINING PAY. Training will be done within the employee’s normal contractual work hours and on site whenever possible. Training outside the stated above must have site Manager approval.

Section 11.11 Drug and Alcohol-Free Workplace. The Union recognizes the Company's policy to maintain a drug and alcohol-free workplace and workforce, and to comply with laws and regulations addressing that subject. The Company will implement drug and alcohol testing (a) to the extent necessary to comply with said laws and regulations and (b) to the extent the Company otherwise believes it necessary to achieve a drug- and alcohol-free workplace.

The Company and Union have agreed to use a balanced approach to achieve a drug- and alcohol-free workplace. A central component of that approach is the intent to help employees overcome substance abuse problems through a comprehensive Employee Assistance Program. To that end, the Company agrees to provide employees who have verified positive tests an opportunity for rehabilitation, except where termination for independent reasons is appropriate.

ARTICLE 12

WORK FORCE ADMINISTRATION

Section 12.1 Surplus Action.

Section 12.1(a) In effecting a reduction in force within a job classification, the following procedure shall be followed. The first selection would be probationary employees, followed by full time employees in reverse seniority order.

Section 12.1(b) The Company agrees to give two (2) weeks’ notice, when possible, and never less than one (1) week notice to the employee(s) affected, and to the Union in advance of a layoff, and to make available the names of the employees who are to be laid off.

Section 12.2 Bumping Rights An employee with seniority rights who is considered for layoff shall have the right to fill any vacancy equal to or lower rated than his/her own job classification provided he/she possesses the qualifications and abilities to perform the work, and has greater bargaining unit seniority than the employee being displaced. His/her salary will be adjusted to reflect the wage scale as prescribed for that new job classification.

Section 12.3 Severance Allowance.

Section 12.3(a) The Company agrees to pay one week’s salary for every year of service to each affected employee up to a maximum of eight (8) weeks in the event the Customer terminates the contract "for convenience".

Section 12.3(b) Severance pay eligibility shall be consistent with the government contract (N00189-09-C-Z039 and its successors) termination terms and conditions wherein the Company can claim and prevail for termination cost.

Section 12.4 Recall from Layoff. Employees who are on active layoff status from job classifications having job openings will be recalled in order of seniority.

Section 12.5 Temporary Layoffs. Anything to the contrary in this agreement notwithstanding, when the Company determines it is necessary to reduce the number of employees working within a job classification, any employees in the organizations considered by the Company to have an excess number of employees, who are within such job classification, may be temporarily laid off for not more than 14 calendar days with or without application of the procedures stated in this agreement during such period of temporary layoff. The Company agrees that the Union will be notified whenever possible in advance.

Section 12.6 Temporary Assignment. The Company may temporarily assign employees to perform work assignments described for other job classifications.

Section 12.7 Employee Requested Transfer. The Company will maintain an environment in which employees can make known their interest in transferring to other positions for which they are qualified to perform. An Employee Requested Transfer system, including the posting of openings on Company bulletin boards, will be established which will allow each employee to make application for transfer and receive consideration as a candidate for open positions for which qualified.

Section 12.8 Job Posting Before employees are hired from the outside to fill vacancies in all represented occupations, it is the intention of the Company to promote from within the Bargaining Unit if available employees have the skill and ability to facilitate the above. The following job posting procedure is established:

Upon verification of a pending job vacancy within the Bargaining Unit, notice of such job vacancy will be posted on the Company/Union bulletin board. Notice to union hall. This notice will contain as a minimum:

a) Job Title

b) Qualification Required

c) Responsible Supervisor

d) Brief Summary of Job Duties

Section 12.9 Job Description. Employee shall have readily available to them on site job titles, job descriptions and job qualifications/scope of work.

ARTICLE 13

JURY DUTY

Section 13.1 An employee absent from work due to required jury duty will be paid for such lost hours at his current straight time base rate up to a maximum of eight hours per day, for each regular workday, (up to a maximum of five (5) workdays). The government body that summoned the employee for jury duty pays the employee.

Employees will be paid eight (8) hours jury duty pay and will be excused from their scheduled shift if they serve more than four (4) hours on the day so assigned as a juror. All other employees must report for work provided there are more than four (4) hours available on their shift either prior to their scheduled report time for jury duty or after their release from jury duty (two (2) hours of this time will be considered as travel preparation time). Fees received for jury duty will be deducted from such pay. The employee will furnish to the Company evidence satisfactory to the Company showing the performance of jury duty that meets the requirements of this Section 13.1.

ARTICLE 14

SHORT-TERM MILITARY DUTY

An employee who is a member of a reserve component of the Armed Forces (including National Guard duty), who is required to enter active annual training duty or temporary special services duty, shall be paid his normal straight time earning, up to a maximum of ten workdays each calendar year. The amount due to the employee under this Article shall be computed and paid upon receipt of the employees Earnings and Leave statement, reduced by the amount received from the government body identified with such training duty or services for the period of such duty (up to the maximum period mentioned above). Such items as subsistence (does not include allowance for quarters), uniform and travel allowance shall not be included in determining pay received from state or federal government.

ARTICLE 15

RATES OF PAY

Section 15.1 Rates of Pay.

15.1(a) The straight time base rate wage for employees covered by this agreement shall be as identified in Attachment A.

Section 15.2 Effective Date of Increase. The effective date of any pay increase identified in this agreement, excluding those rates as identified in Attachment A, shall be the first day of the next pay period, exceptions to this will be temporary assignments.

Section 15.3 Reassignments. When an employee is permanently downgraded for any reason their hourly rate will be reduced to the hourly rate of the employee's new labor grade.

Section 15.4 Shift Differential. The term “night shift” shall mean any shift classified as a B or C shift.

15.4(a) Employees who work within the hours of a B or C shift shall receive a shift differential pay for those hours worked on the B or C shift only.

15.4(b) Employee(s) who are required to work before or after their scheduled shift will be paid for all hours worked at the applicable rate based on the employee(s) working rate of pay for the shift in which they are required to work the extra hours.

15.4(c) An employee’s working rate shall be based upon his/her base rate plus any differential(s). For purpose of shift differential, overtime will be based upon the working rate of pay for the shift in which they are required to work the extra hours.

15.4(d) All employee’s hereafter who are assigned to work a “B" shift Monday – Friday shall receive a shift differential of four percent (4%) of the base wage per hour for all hours worked.

15.4(e) All employee’s hereafter who are assigned to work a "C" shift Monday – Friday shall receive a shift differential of six percent (6%) of the base wage per hour for all hours worked.

15.4(f) Employees who work on Saturday and Sunday will receive a shift pay differential above their straight rate of pay of:

Saturday - shift A = 3%, B = 5%, C = 7% Sunday - shift A = 3%, B = 5%, C = 7%

15.4(g) Site Manager to designate a Shift Supervisor with a $0.50 per hour wage increase per shift. *This will go into effect September 1, 2023.

15.5(h) Company will adjust pay codes and Site Manager with ensure proper use.

Section 15.5 In those situations where an employee is required to work either pre-shift or post-shift overtime, all hours worked will be paid at the highest differential rate.

Section 15.6 Pay Rates for New or Revised Occupational Classifications. In the event the Company desires to establish new classifications or revise existing occupational classifications, the wage rates shall be subject to negotiations. Operations shall not be delayed through failure to immediately agree upon wage rates and classifications.