Attachment 5 - Dyncorp Collective Bargaining Agreement_rev.pdf

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VMG F-16 Aircraft Maintenance and Contractor Logistics Support - N0042122R0178
Solicitation number
N0042122R0178
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About this file

This document contains a federal contract solicitation for F-16 aircraft maintenance and contractor logistics support services. The solicitation is requesting proposals to provide organizational, intermediate, and limited depot level maintenance and logistical support for the Navy's F-16A/B/C/D aircraft fleet located at Naval Air Stations Fallon, Nevada and Lemoore, California. The resulting contract will be a firm fixed price, single award IDIQ vehicle with a five year base period and one three year option period. Proposals are due by October 24, 2022 and must be submitted electronically through the Procurement Integrated Enterprise Environment. The planned ordering period is eight years total. This acquisition will provide full lifecycle acquisition and sustainment support for the Department of the Navy's F-16 adversary assets.

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Attachment 6-Churchill County (NAS Fallon) NV Wage Determination FINAL.pdf PDF
Attachment 8 - Over and Above Work Request (OAWR) Form FINAL.pdf PDF
Attachment 5 - Dyncorp Collective Bargaining Agreement FINAL.pdf PDF
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Text version

COLLECTIVE BARGAINING

AGREEMENT

between

DynCorp International LLC, an Amentum Company, NAS Fallon, NV and

IUE-CWA

Industrial Division of the

COMMUNICATIONS WORKERS OF AMERICA

AFL-CIO-CLC

Local 89119

NAS Fallon, Nevada

Effective: April 1, 2022 to March 31, 2025

TABLE OF CONTENTS

01.00 RECOGNITION

02.00 NON-DISCRIMINATION

03.00 MANAGEMENT RIGHTS

04.00 ALCOHOL AND DRUG-FREE WORKPLACE

05.00 UNION SECURITY/DUES CHECKOFF

06.00 CHECK-OFF FORM

07.00 UNION STEWARDS

08.00 NO STRIKE-NO LOCKOUT CLAUSE

09.00 SECURITY

10.00 GENERAL

11.00 MISCELLANEOUS PROVISIONS

12.00 NEW JOBS

13.00 ZIPPER CLAUSE

14.00 PROMOTIONS/TRANSFERS

15.00 DISCHARGE AND DISCIPLINARY ACTION

16.00 SENIORITY

17.00 LAYOFFS AND RECALL

18.00 ADJUSTMENT OF GRIEVANCES

19.00 ARBITRATION PROCEDURE

20.00 HOURS OF WORK

21.00 OVERTIME

22.00 EXCUSED ABSENCE

23.00 HOLIDAYS

24.00 VACATION

25.00 BEREAVEMENT

26.00 SHIFT PREMIUM/LEAD PAY

27.00 ECONOMIC IMPROVEMENT

28.00 DETACHMENTS

29.00 GROUP HEALTH AND WELFARE BENEFITS

30.00 EFFECTS OF LAW

31.00 DURATION

APPENDIX A

APPENDIX B

01.00 – RECOGNITION

01.01 The Company recognizes the IUE-CWA, AFL-CIO, as the sole and exclusive collective bargaining agent with respect to wages, hours, and all other terms or conditions of employment, for all employees covered by this Agreement. The Company will recognize the IUE-CWA Local 89119 Union and affiliated Union Locals of Elected or Appointed Officers and members without discrimination and/or prejudice, and hold harmless all employees in their duties and obligation in holding office of the Union.

01.02 The Company and the Union agree that the employees covered by this Agreement shall consist of the following classifications employed by DynCorp International LLC, an Amentum Company - Naval

Aviation Warfighting Development Center (NAWDC) Program under the United States Navy Contract

Number N00421-21-D-0014 and its successor contracts:

Job Classifications and Descriptions

The collective bargaining unit job classifications and descriptions currently defined are as follows:

• Quality Assurance Representative

• Aircraft Mechanic – Airframe

• Aircraft Mechanic – Avionics

• Aircraft Mechanic – Power Plant

• Aircraft Mechanic – Corrosion Control

• Aircraft Mechanic – Parachute Rigger

• Aircraft Mechanic – Egress/Environmental

• Aircraft Mechanic – Line (to be eliminated through attrition)

• NDI Inspector

• HAZMAT/Safety Tech

• Aircraft Plane Captain

• Training Coordinator

• NALCOMIS IT

• Logs and Records Technician

• Technical Publications Specialist

• Ground Support Equipment Technician

• IMRL Custodian

• Production Control Technician

• Sr. Supply Technician (to be eliminated through attrition)

• Supply Technician

• Maintenance Administration Specialist

• Tool Room Attendant

• Maintenance Control Clerk

• Training Clerk

• Janitor

• Maintenance Controller

• Material Expeditor

02.00 - NON-DISCRIMINATION

02.01 The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. The Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran or handicap status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender; it shall be recognized as referring to both male and female employees.

03.00 - MANAGEMENT RIGHTS

03.01 Except as specifically limited by this Agreement, the management of the company, and the direction of the work force, including but not limited to the service performed, the location of the work force, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, the right to subcontract out work provided the Company gives the Union prior notice and, it will not directly lead to any bargaining unit people being laid off, the right to hire, promote, demote and transfer employees, the establishment of reasonable rules of conduct, the discharge or discipline of employees for just cause, and the maintenance of efficiency of employees, are the sole and exclusive rights and responsibilities of the Company. All matters not specifically covered by this Agreement are solely functions and responsibility of management.

04.00 – ALCOHOL AND DRUG-FREE WORKPLACE

04.01 The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and protect the reputation of the Company, Union and employees.

04.02 Consistent with these goals, the Company prohibits the use, possession, distribution or sale of drugs, drug paraphernalia or alcohol on Company premises. The Company will continue a program of random, post-accident and reasonable suspicion abuse screening consistent with these goals.

04.03 Pre-employment drug testing is a condition of employment.

05.00 - UNION SECURITY/DUES CHECK-OFF

05.01 Employees covered by this Agreement may at their own discretion become and remain members of the

Union following their first ninety (90) calendar days of employment.

05.02 Upon receipt of a properly executed IUE-CWA Deduction Authorization form an employee covered by this Agreement, the Company, during the term of this Agreement, will deduct from the employee’s earnings, if any, initiation fees and/or Union dues and remit the money as set forth herein within twenty

(20) days following the end of the month in which the initiation fees and/or Union dues were collected.

Initiation fees and dues collected from the employee shall be remitted by the Company to the office listed below. The amount of remittance shall be designated in writing by the Secretary Treasurer of

IUE-CWA Local 89119:

IUE-CWA Local 89119

Attn: Secretary Treasurer

447 Court St.

Fallon, NV 89406

a. It is understood and agreed that IUE Dues Deduction Authorization(s) must be received by the

Company no later than fourteen (14) calendar days prior to the end of the pay period in order for initiation fees or dues to be deducted for such pay period. Initiation fees or dues to be deducted as a result of Authorization(s) not received fourteen (14) calendar days prior to the end of the pay period will be deducted the following pay period.

05.03 The Company shall be required to make only one (1) payroll deduction for Union initiation fees for each employee authorizing the deduction.

05.04 The Company shall provide the International, the District and the Local a complete list of the local members from whom the dues were deducted and a list of the individuals from whom initiation fees were collected with each remittance as defined in 05.02 above.

05.05 It is understood that any authorization for such payroll deduction shall be voluntary on the part of the employee and may be cancelled by the employee in accordance with the terms of the IUE Deduction

Authorization.

05.06 The Company will comply with any notice of revocation of deduction authorization received from an employee in accordance with the procedure and limitations set forth in the IUE Deduction

Authorization. Should an employee be promoted or transferred to a classification not covered by this

Agreement, the Company shall cease deducting dues from such employee. When ceasing to deduct dues in such cases, the Company shall submit the name of such employee and the reason for no deduction in writing to the Secretary Treasurer of Local Union 89119.

05.07 If an employee does not have sufficient earnings in any payroll period to cover the Union dues deduction for that payroll period, the Company shall have no further responsibility for collection of dues for that pay period.

05.08 There shall be no collection of Union dues or fees or solicitation of such dues or fees in Company facilities or Government facilities in the custody of the Company. Further, there shall be no solicitation of Union membership during assigned work. Chief Steward will be given a reasonable period of time for check in purposes.

05.09 There shall be no discrimination by the Company or Union because of membership or non-membership in the Union.

05.10 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or any reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article including the reasonable cost of any defense made necessary by any such liability, claim, suit or dispute.

06.00 - CHECK-OFF FORM

06.01 The Union Dues and Initiation Fee Authorization form is as follows:

07.00 - UNION STEWARDS

07.01 The Company recognizes and will work with authorized Union Representatives to resolve differences that may occur with respect to the terms and conditions of this Agreement. It is agreed that stewards shall keep at a minimum the time spent in the performance of their duties as outlined in this article and at all other times continue to perform their assigned jobs.

07.02 Union will provide the Company the name of the designated Chief Steward, and one Steward per shift.

In the event of detachment, one Steward shall represent each shift at home and each shift of the detachment. A Steward shall not be surplused in the event of a layoff, as long as there is work available in their classification which they are qualified to perform. The Local President or his designee (to include the Chief Steward) shall be assigned to work day shift to be able to meet with Management and resolve any issues. In any event, the Union will ensure a Union Representative is available to meet for meetings with management and employee representation.

07.03 A Steward, before leaving his work station to perform any of his functions, shall request permission from his immediate supervisor which shall be granted in a reasonable time, to conduct on Company time

Union business falling within the provision of this Article and contract, state the nature of his activity, the approximate time he will be gone. All Union representatives will report to the employee’s supervisor, and he will inform the supervisor he is there to discuss Company/Union matters and the approximate length of his stay.

07.04 Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has an alleged grievance may discuss the matter with his/her Steward. Subject to other provisions of this agreement, reasonable and necessary time off from work will be authorized without loss of pay or benefits to permit Stewards or the Union President to carry out their responsibilities under the grievance procedure to employees in their area of representation, providing these responsibilities will not unduly interfere with the assigned work duties of the Union representative or the employee involved. During an investigation, in which an employee may be subject to discipline, said employee shall have a Steward present during the interview. If the employee reasonably believes the investigation could lead to discipline, they are entitled to Union representation upon request. When an employee is given formal discipline, the Union has the right to be present.

08.00 - NO STRIKE-NO LOCKOUT CLAUSE

08.01 The Union agrees that neither it nor any of the employees in the bargaining unit, covered by this

Agreement will collectively or individually engage in or participate in any strike, sympathy strike, slowdown or stoppage of work during the term of this Agreement and the Company agrees that during the term of this Agreement it will not lock out any of the employees covered by this Agreement.

08.02 The above prohibition on strikes shall not be binding on the Union sixty (60) days after notice has been served on the company pursuant to Section 8(d) of the National Labor Relations Act, as amended, when no agreement for a new contract has been reached.

09.00 – SECURITY

09.01 The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.

09.02 It is understood by and between the parties hereto that as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States Government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the

Company due to inability to meet job requirements. When an employee’s security clearance is not granted, or is not granted unescorted entry authorization or who has an initial clearance rejection, the

Company will place an employee on Leave of Absence without pay and benefits with continued sponsorship for the Investigation for up to twelve (12) months or final adjudication whichever comes first, after which if denied, such an employee will be terminated, unless successful within this time period. This twelve (12) months can be extended an additional twelve (12) months at the sole discretion of the Company. When such an employee is successful within this period of time the employee will be returned to the bargaining unit without loss of seniority, 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.

09.03 It is understood that there shall be no liability on the part of the Company for any release growing out of the denial of clearance and/or unescorted entry authorization by the United States Government.

09.04 The Company will reinstate the seniority of an employee who is denied security clearance is reinstated by the Federal Government. A non-probationary employee who loses his security clearance or site access for any reason will not lose his seniority until final adjudication of his appeal. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

10.00 – GENERAL

10.01 The Union acknowledges the responsibilities of the Company's operation as they are related to the support of the United States Navy objectives. The parties realize the United States Navy may, from time to time, make unusual and immediate demands in conjunction with support requirements.

Consequently, all personnel may be called upon to perform whatever duties are necessary that do not require unique qualifications for adequate performance of support requirements for the mission and operational capabilities for the NAWDC Program.

11.00 - MISCELLANEOUS PROVISIONS

11.01 Safety

a. The Company and the Union shall use every effort to assure compliance with established State, Federal, and U.S. Navy safety and health rules and regulations. The Union will designate a Union

Representative to any safety committees.

b. There shall be a joint Safety Committee meeting composed of representatives from the Union and the Company EH&S Manager. The appointed Work Center Lead will be the representative for the

Work Center, regardless of classification. The committee shall meet as required by the EH&S

Manager and Amentum Policy. Emergency meetings of the Committee may be called at the request of either the Company or Union to address safety issues or other emergencies.

c. Committee duties shall include recommendations for improvements in safety and health; provide safety training as needed, as well as other duties as may be agreed upon. Minutes of the Committee meetings shall be maintained by the Company and copies provided to the Union.

d. The Company will provide the appropriate First Aid, CPR, AED (Automated External Defibrillator) equipment and Medical Services to treat victims of accidents and/or health hazards on its work premises and work detachment premises at all times. The Company will provide all required training for adequate designated employees for First Aid, CPR, and AED, required in treating victims prior to

Emergency Medical Services arrival.

e. If an employee(s) believes that a condition on the job or job assignment(s) presents a clear safety and/or health hazard to personnel, the employee may refuse to perform the work operation or job assignment exposing the employee(s) to such hazard(s) until the condition is corrected and/or hazard eliminated. The employees’ first obligation in such cases is to immediately stop all operations relating to the condition and immediately inform the employee’s Supervisor or the Company EH&S

Manager of the condition. Under no circumstances will any person(s) coerce any employee to continue an unsafe operation.

f. The Company will abide by all regulations as they pertain to the handling of Hydrazine. In the interest of continued safety of individuals and their fellow employees, any employee returning to work following a medical leave of absence or documented inability to perform the assigned duties and responsibilities, may be required through Government regulations or by the Company to undergo a medical examination by a doctor of the Company’s selection; all cost associated with exam travel and lost wages will be the responsibility of the Company. If the diagnosis or examination is not satisfactory to the employee, the employee may request another diagnosis or examination by a doctor of the employee’s choosing. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be required for the employee’s examination.

g. If the third doctor’s diagnosis/analysis concurs with the employee’s doctor, the Company shall pay for the services of the mutually agreed upon doctor. If the diagnosis/analysis of the third doctor does not concur with the employee’s doctor, the employee who gave rise to the dispute shall be responsible to pay for the services of the mutually agreed doctor.

h. Upon the need for safety shoes, an employee will fill out a safety shoe replacement form to be signed and approved by the EH&S Manager. The employee will then purchase ASTM approved safety shoes of their choice. The employee will then turn in their receipt to the EH&S Manager and will be reimbursed up to $150.00 per pair. Shoes will be replaced on an as needed basis as evaluated and approved by the EH&S Manager.

11.02 Hydrazine Response

a. Qualified Hydrazine Team Members will receive $.80 cents per hour for all hours worked for as long as the employee is assigned to the Hydrazine Response Team after completion of required training. Qualified Hydrazine Team Chiefs will receive $1.00 per hour for all hours worked as long as the employee is assigned to the Hydrazine Response Team after completion of required training.

An employee qualified as both Hydrazine Team Member and Hydrazine Team Chief will only receive Hydrazine Team Chief premium.

b. All hydrazine response team members are required to comply with OSHA regulations regarding respirators at all times.

c. All employees whose job duties or responsibilities require the use of a respirator must groom and maintain their facial hair to ensure the proper fit and seal of the respirators.

11.03 Change of Address

a. Employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are also responsible to notify the Company of their proper mailing address and current telephone number to maintain recall rights. The Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

11.04 Availability

a. The union recognizes that due to the vital National Defense mission it is essential that all available personnel report in emergency situations upon declaration of Threat Condition DELTA by National

Command Authority, or Air Combat Command (ACC/Host Wing) or Homeland Security.

11.05 Resignation

a. Employees are requested to give at least a two (2) week notice of intent to resign.

11.06 Job Preference Forms

a. As opposed to normal posting job vacancies, the company will establish a job preference system. All employees will be eligible to submit a job preference form for positions they have a serious interest in obtaining. At the time of submission, the employee will be notified if they have the necessary qualification to be awarded the job if and when it becomes vacant. Only those employees with job preference forms on file will be considered for any vacancies. Employees will have (3) working days to submit Job Preference forms after the vacancy is posted if no form is on file. The employee with the most seniority that has a job preference form on file will be awarded the job and placed in the vacancy. In the event of layoff, job preference forms will be used. Employees with more than one qualification, as determined at the time of submission, will be allowed to bump junior seniority employees in classification they are qualified to perform. Qualification will be reviewed and approved if qualified, at the time of submission. If an employee obtains qualifications in another classification, they must submit another job preference form. The union will receive a copy of approved or unapproved job preference forms submitted by the employee. If unapproved, the

Company will give the reason for the un-approval.

11.07 Bulletin Boards

a. The Company will provide a bulletin board for the posting of Union notices. Only notices pertinent to the Union (notices concerning Union meetings, Union elections, results of Union elections, etc.), which have been authorized by the President or Secretary of the Union, will be posted. Notices must be given to Company's Site Manager or his designee prior to posting.

11.08 Performance of Work

a. Supervisors and other non-bargaining unit employees will not perform the duties of employees in the bargaining unit, except in emergency situations, during investigation, and for the purpose of instructing employees.

11.09 Shutdowns

a. If there is a temporary shutdown of operations and no work is available, employees may take vacation, personal paid time, or time off without pay. Effective 04/01/2022, any other day set by federal law, Presidential Proclamation or Executive Order as an official holiday; that is incorporated into N00421-21-D-0014 contract, shall be provided as a paid day off.

11.10 Joint Communication Meeting

a. The Company and the Union recognize that the shared goals of the parties are to increase stakeholder/shareholder value for all employees, improve the Company’s competitive position, and to improve job security for the membership of Local 89119. To that end, the Company and the

Union agree to meet on a regular basis in the interest of open communication and a desire to maintain a positive relationship as well as insure that the terms and conditions of this Collective

Bargaining Agreement (CBA) are implemented and clearly understood.

11.11 Workplace Injury

a. Employees who are injured at work and sent for medical treatment will be paid for the treatment time, and, will be paid up to the end of their shift for time lost during that workday.

12.00 - NEW JOBS

12.01 The Company shall notify the Union of its intent to create a new job within the bargaining unit, which is not now covered under this agreement, or to revise the job duties of an existing classification within the bargaining unit. Notice shall be given to the Union in advance of the implementation of any new job or revised job classification.

12.02 The wage rate for such new or revised job classification shall be established by the Company. The

Union may question the wage rate established, or the wording of the new or revised job description through the grievance and arbitration procedures, if the Union feels the wage rate is inappropriate or the job description does not describe the classification. The arbitrator shall have the authority to adjust the wage rate or the wording of the new or revised job description only.

13.00 - ZIPPER CLAUSE

13.01 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from collective bargaining and that the agreements arrived at by the parties are set forth in this

Agreement. Therefore, the parties, for the life of this Agreement, agree that the other shall not be obligated, except as provided in this Agreement, to bargain collectively with respect to any subject referred to or covered in this Agreement. Furthermore, the parties waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not referred to or covered by this Agreement, even if such subject may not have been known or contemplated of any of the parties at the time this Agreement was negotiated or signed.

14.00 - PROMOTIONS/TRANSFERS

14.01 All job vacancies shall be posted on the bulletin board for a period of five (5) consecutive workdays.

Employees must apply via the HR on-line website and bring a copy of their application to the local HR office.

14.02 The Company will consider all bidders on the basis of experience and abilities in performing duties of the posted position. Should qualifications be determined by the Company to be relatively equal, seniority shall prevail.

14.03 All promoted/downgraded employees will be considered on probation in the new position for ninety (90) days worked. During this period, the Company, at its discretion, can reclassify the employee to their former occupation if the Site Manager or his designee feels that the employee is not meeting the requirements for that job classification. The employee will not be eligible for promotion/downgrade for

12 months. Likewise, after ninety (90) days working in the new job classification, an employee may choose to return to their former job classification without being eligible for promotion/downgrade for 12 months.

14.04 The Company may temporarily assign an employee to perform in a higher paid classification. The employee shall receive the rate of the higher classification if he works from the first minute the work is performed in that job classification. If an employee is assigned temporarily to a lower paid classification such employee shall not suffer a reduction in pay rate.

14.05 Employees transferred out of Bargaining Unit

a. An employee who has established seniority rights within the bargaining unit and who is transferred to a position not covered by this agreement shall retain seniority for a period of sixty (60) calendar days.

b. An employee who is permanently transferred to another Company facility will lose bargaining unit seniority rights.

15.00 - DISCHARGE AND DISCIPLINARY ACTION

15.01 The Company shall have the right to discipline employees for just cause by reprimand, suspension without pay or discharge for violation or infraction of the Disciplinary Guide, Company rules, or

Government Instructions such as the NAMP, IETM, and Technical Orders. The Company agrees to notify the Union, in writing, of any action taken under this section.

15.02 During an investigatory interview, if the employee reasonably believes the discussion could lead to discipline, the employee is entitled to Union representation if they so desire. The Union has a right to be present during a meeting for the issuance of employee discipline.

15.03 A copy of disciplinary action will be provided to the Union Steward within seven (7) days of action.

15.04 A reprimand will be cleared from the employee file after six (6) months with no rule violations.

15.05 A suspension will be cleared from the employee file after twelve (12) months with no rule violations.

15.06 An incident of workplace violence shall have no time limitation.

15.07 The union and employees shall be notified prior to the enforcement of new company policies or changes in the existing company policies.

16.00 – SENIORITY

16.01 Probationary Period

a. Any employee who has been in the employment of the Company for ninety (90) days worked

(including overtime days) shall be considered a Seniority Employee of the Company. During the probationary period the employee shall be subject to layoff, discipline or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure.

Definitions:

a. Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the same Federal facility.

1. When two (2) or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) numbers of his/her social security number shall be considered having the least seniority for tie breaking purposes.

2. The Company and the Union may mutually agree on seniority dates for individual employees because of unique and special circumstances.

b. Seniority will not be broken for:

1. periods of approved absence with leave

2. periods of layoff due to lack of work

3. periods of absence due to injury or illness

Periods of absence set forth in 2 and 3 shall not exceed twenty-four (24) months. In the case of occupational injuries, continuous employment will be for the length of the disability.

16.02 Loss of Seniority

a. All seniority of any employee shall terminate if the employee:

1. Resigns

2. Is discharged for just cause

3. Is on layoff status in excess of thirty (30) months

4. Is barred by the customer's written order or whose security clearance has been revoked and is not legally reinstated. This paragraph is subject to the conditions noted in Article 09.00.

5. Refuses recall or fails to respond to recall notice within three (3) days of receipt of the recall notice or fails to report to work fourteen (14) days after notice of recall is mailed to the employee.

6. Accepts full time employment with another employer without the Company’s knowledge.

7. If the employee fails to return from a Company approved Leave of Absence, within four (4) calendar days, unless extended by the Site Manager.

8. If the employee gives a false reason for a Leave of Absence or engages in gainful employment with another employer during such leave, except as specified in Article 9, Section 9.02.

9. If a workers compensation monetary settlement is made with an employee covering total disability due to employment with the Company.

10. Refusal to take a drug test directed by the Company, as required by Company Policy or this

Agreement.

16.03 Seniority List

a. A seniority list will be maintained by the Company and will be made available to the Union semi-annually. The Company will also furnish an electronic listing to the Chief Steward reflecting new hires or rehires, their classification, date of hire, and termination or layoff dates, when such events occur. If the Chief Steward fails to identify any error(s) in the listing to HR within one week, the

Company is not liable for the error(s). The Union will treat the seniority list as an Amentum

Proprietary Document.

17.00 - LAYOFFS AND RECALL

17.01 When it becomes necessary to reduce the number of employees in a classification, the employees in a job classification shall be laid off in accordance with reverse seniority. The Company will accept voluntary layoff in affected job classifications.

17.02 Layoff

a. In the event of a layoff, the Company agrees to give a two (2) week notice, when possible, to the employees affected. The Union will be notified of a layoff in advance of the layoff.

17.03 Recall

a. The Company will send recall notices, by certified mail/return receipt requested, to the employee's last official address.

b. The Company will inform the Local Union of such recall notices

c. The employee has three (3) working days after receipt by the employee of the notice to accept re-employment.

d. Such recalled employee will have fourteen (14) calendar days after the Union is notified of such recall notice to report to work provided that employee meets security eligibility requirements.

18.00 - ADJUSTMENT OF GRIEVANCES

18.01 "Grievances" shall be limited to disputes or difference between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving

Management, Supervision, Shop Steward, and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this

Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

All grievances beyond Step one involving employee claims shall be in writing on grievance forms and shall be signed by all employees claiming rights there under.

In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits;

a. Step One

The employee(s), with their Steward if available, shall promptly bring a grievance to their supervisor or designee. In the event an employee is unavoidably absent due to illness or injury or unavailable due to vacation or other approved reasons, the employee's Union representative may bring the grievance to the supervisor. If such grievance is not settled within five (5) working days then:

b. Step Two

A written grievance must be signed by the Steward and set forth a statement of grievance and the article or section of the agreement which is claimed to be violated, and taken up by the Union

Steward with the Site Manager or his designee, and a meeting will be scheduled within five (5) subsequent working days. If no agreement has been reached within ten (10) working days, the

Company will reply in writing. If the written reply is not satisfactory, within ten (10) working days, the Union may move the grievance to Step Three.

c. Step Three

The Company’s Labor Relations Representative or designee, and the Business Representative of the

Union or his designee shall meet in person or by telephone within fourteen (14) working days after receipt of the grievance into a third step. A written reply from the Company will be given to the

Union within fourteen (14) working days after the meeting. If the written reply is not satisfactory, within fourteen (14) working days, either party may submit the grievance or dispute to arbitration as covered in the Article 19.00.

18.02 Precedents

a. A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent, which shall bind the parties as in interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement. Time limits may be extended by mutual agreements of both parties.

18.03 Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee.

18.04 Authorized Stewards and the Union President or in his absence, his designee shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during the Shop Steward’s normal work schedules.

19.00 - ARBITRATION PROCEDURE

19.01 The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the fourteen (14) day period specified in Step Three of

Article 18.01c, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

19.02 In the event the Union or the Company submits a grievance to arbitration, a representative selected by the Union shall meet with a representative selected by the Company within five (5) workdays of receipt of the above notice and attempt to agree on an arbitrator. In the event the parties cannot agree on an arbitrator within (5) working days, the parties will petition the Federal Mediation and Conciliation

Service for a panel of seven (7) arbitrators. In the latter case, the petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one name remains.

19.03 The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the Arbitration Process shall be borne by the losing party.

20.00 - HOURS OF WORK

20.01 The workweek will normally begin at 12:00:01 a.m., Saturday and end at 12:00 midnight the following

Friday. The normal workweek for each employee shall consist of five (5) consecutive eight-hour days per week from Monday through Friday, or four (4) consecutive ten-hour days Friday through Monday for weekend shift. The work week and the pay week are considered to be one in the same for the purposes of computing overtime.

20.02 Employee submission of shift preferences and Company assigned tentative shift schedules will be provided electronically on a quarterly basis by the close of business on the 5th of the preceding month.

20.03 Shift Preference

a. The Company shall have the exclusive right to assign employees to any shift/Phase assignment and will honor shift preferences by seniority whenever minimum qualifications by shift/Phase assignment are met. Under no circumstances will the provisions of this section be construed to enable an employee, at his insistence and request, to displace a less senior employee from his job and shift.

20.04 All bargaining unit work schedules shall have two (2) paid ten minute break periods for regular shifts;

weekend shift will have three (3) ten-minute break periods. There shall be one (1) unpaid thirty minute meal period. If an employee is assigned to work through during his or her lunch period that lunch period will be extended for the period of time required for that work to be performed. Schedules other than those outlined above may be arranged by mutual agreement by the parties. An employee will not be allowed to refuse their authorized break(s) and leave work early.

20.05 A daily work schedule may begin on one calendar day and end on another.

20.06 At no time will an employee be allowed to report to work with less than ten (10) hours of rest from the end of one regularly scheduled shift and the beginning of the next scheduled shift. Four (4) calendar days’ notice will normally be given for schedule changes. This temporary schedule change notice is subject to advance customer notice. Changes to the schedule may be made at any time by mutual agreement of the parties.

20.07 At the discretion of the Company when the customer designates no-fly days, family days, weather days and Christmas Shut-Down, with Company approval, employees will have the option to work their normally scheduled shift for the day or take vacation, personal time, or Leave Without Pay. Minimum staffing levels will be met by reverse seniority in required classifications.

20.08 The starting time of the various shifts will be as follows:

First Shift beginning at or after 4:00 AM but before Noon

Second Shift beginning at or after Noon but before 8:00 PM

Third Shift beginning at or after 8:00 PM but before 4:00 AM

Weekend Shift beginning at or after 4:00 AM but before Noon

21.00 – OVERTIME

21.01 There shall be no guarantee of overtime or a certain number of hours worked per week.

21.02 Overtime, at one and one-half (1½) times the regular straight time rate, will be paid for:

a. Time worked in excess of forty (40) paid hours in a workweek.

b. Time and one-half (1½) shall be paid for all work performed on the employee’s sixth (6th) consecutive day in a workweek.

c. Overtime, at one and a half (1½) times the regular straight time rate, will be paid for all work performed on a holiday (Plus holiday pay).

d. For the purpose of computing overtime, the work week and the payroll week shall be one and the same.

21.03 There shall be no duplication or pyramiding of overtime payments.

21.04 The Company agrees to assign overtime among senior employees by classification. To this end, the following procedure will be followed:

a. When the Company determines that daily overtime work is required, qualified employees presently at work on the shift in the classification(s) needed to perform the work who have the most seniority will be offered the work first. Should the employee decline, the next senior qualified employee in that classification and shift presently at work will be offered the work, and this sequence will be followed until the required number is obtained. Should the required number not be obtained in a voluntary manner because all employees presently at work decline to work the overtime assignment, the Company shall assign the work to the qualified employee on the shift in the classification with the least seniority, and this employee shall perform the work assignment. When management is made aware of the operational need for overtime, the employee will be given notice.

b. In those cases where it is predetermined that weekend overtime will be required, all qualified employees in the classification shall be offered the work by seniority, and if the required number cannot be obtained voluntarily, those employees with the least seniority will be required to perform the overtime. No employee will be required to work more than two (2) consecutive weekend’s overtime unless operations require the employee to do so.

21.05 For overtime work occurring at the end of a shift, the Company will give as much notice as possible with at least three (3) hours’ notice of required overtime work.

21.06 For scheduled overtime work occurring on an employee’s Saturday or Sunday, employees will be notified of such requirement by the end of their shift on Thursday preceding such scheduled overtime work.

21.07 The parties recognize that requirements placed upon the Company by the Government may preclude compliance with the overtime notification set forth in this article. In such cases the Company will notify the Steward and provide as much notice as possible to the affected employee(s).

21.08 Work schedules shall not be changed solely for the purpose of avoiding overtime.

22.00 - EXCUSED ABSENCE

22.01 Employees may, with Company approval, be granted excused absence without pay for a good cause stated in a written request submitted at least one week in advance of said absence except in emergency situations. Continuous service credit and seniority shall accumulate during all leaves of absence described in this section unless otherwise noted.

22.02 Military Service, Duty and Payment

a. Any employee of the Company who is inducted into or recalled to military service of the United

States and who by reason of such service is entitled under the law to be regarded as a veteran, shall, upon his discharge and his receipt of a certificate of the satisfactory completion of his military obligation, be accorded all rights of The Uniformed Services Employment and Reemployment

Rights Act of 1994.

b. An employee who has completed his probationary period, who is called to and performs short term active duty of thirty (30) days or less, including active duty training as a member of the United

States Armed Forces Reserves or National Guard, shall be paid the difference between the employee’s military rate and the employee’s straight time hourly rate of pay up to ten (10) scheduled working days per calendar year. The employee must present a copy of the employee’s orders to the

Company as soon as they are received by the employee. Upon return from active short term duty, the employee must present pay vouchers so that the calculation of the difference in pay may be computed. The employee will be given a leave of absence for, and will accumulate seniority during, such period of service.

22.03 Absence and Payment for Jury Duty

a. Full time seniority employees who are required by proper court order or summons to be absent from work in connection with jury duty will be paid for a regular scheduled eight (8) or ten (10) hour shift. In order to be paid by the Company for such leave, the employee must submit to the Site

Manager or his designee, written proof executed by the administrator of the court, of having served or having been subpoenaed, and the duration of such service.

22.04 Temporary Absence for Disabling Illness, Injury

a. Full time seniority employees having ninety (90) days or more of continuous service credit and who are found and certified by a physician to be unable to perform their regular assigned duties with the

b. Company because of disabling illness or injury other than for Workman’s Compensation, shall receive a leave of absence without pay, but with service credit and seniority accumulating while such condition continues. If the disability continues beyond thirty (30) months and the employee has not returned to work, the employee's service credit and seniority will be broken and terminated.

22.05 Absence for Union Business

a. Employees accepting full-time positions as union representatives shall be given an automatic leave of absence without pay for a one year period, subject to renewal, without loss of seniority rights and with the privilege of returning to their former position. If the employees wishes to continue his/her group insurance through the Company, the Union or employee shall be required to pay the full monthly insurance premium prior to the next month’s insurance coverage being effective.

b. Leaves of absence without pay for Union business will be granted to employees of the Company, who have been selected by the Union, to attend such functions as conferences, conventions, and

Union education courses, not to exceed ten (10) days, provided the Union notifies the Company in writing twenty (20) days in advance, if possible, and receives concurrence from the Site Manager or his designee. No more than three (3) employees, no more than one per work center may be on such leave at any one time. Deviation to the advance notice and numbers of employees on Union leave will be handled on a case by case exception basis. Due to operational requirements, such requests may be denied. The Company will respond to all requests for Union leave within five (5) days of said requests.

23.00 – HOLIDAYS

23.01 The following eleven (11) holidays will be recognized at NAS Fallon NAWDC PROGRAM.

New Year’s Day

Martin Luther King Jr. Day

Presidents’ Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Day after Thanksgiving

Christmas Day

23.02 Effective 04/01/2022, any other day set by federal law, Presidential Proclamation or Executive Order as an official holiday; that is incorporated into N000421-21-D-0014 contract, shall be provided as a paid day off.

24.00 – VACATION

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

a. For vacation purposes, the individual employee's anniversary date with the Company and each anniversary date thereafter shall be the reference point for accrual of vacation.

b. Employees with less than five (5) years of continuous service, as defined in 24.01a above, shall accrue two and sixty-two hundredths (2.62) hours of vacation per credited week. One hundred-thirty six (136) hours of vacation may be accrued during the fifty-two (52) credited workweeks per year.

c. Employees with five (5), but less than twelve (12) years of continuous service, as defined in 24.01a above, shall accrue three and thirty-nine hundredths (3.39) hours of vacation per each credited work week. One hundred-seventy six (176) hours of vacation may be accrued during the fifty-two (52) credited workweeks per year.

d. Employees with twelve (12), but less than fourteen (14) years of continuous service, as defined in

24.01a above, shall accrue three and fifty-four hundredths (3.54) hours of vacation per each credited work week. One hundred-eighty-four (184) hours of vacation may be accrued during the fifty-two

(52) credited workweeks per year.

e. Employees with fourteen (14), but less than sixteen (16) years of continuous service, as defined in

24.01a above, shall accrue three and seventy hundredths (3.70) hours of vacation per each credited work week. One hundred- ninety-two (192) hours of vacation may be accrued during the fifty-two

(52) credited workweeks per year.

f. Employees with sixteen (16), but less than eighteen (18) years of continuous service, as defined in

24.01a above, shall accrue three and eighty-five hundredths (3.85) hours of vacation per each credited work week.

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