2.04h Att.8 TWR CBA and WD.pdf

Agreement

Between

Bowhead Marine Support Services, LLC and

Inlandboatmen�s Union, Marine Division of the

ILWU

Effective: May 2, 2024 � July 1, 2027

TABLE OF CONTENTS

ARTICLE TITLE PAGE

PREAMBLE 1

1 INTENT AND PURPOSE 1

2 RECOGNITION & METHOD OF EMPLOYMENT 1

3 BARGAINING UNIT 1

4 MANAGEMENT RIGHTS 2

5 SENIORITY 3

6 UNION MEMBERSHIP CHECK-OFF 4

7 UNION ACCESS 5

UNION STEWARDS/JOINT LABOR RELATIONS

COMMITTEE

9 DISCHARGE AND DISCIPLINE 6

10 GRIEVANCE PROCEDURE AND ARBITRATION 7

11 HOURS OF WORK AND OVERTIME 8

12 HOLIDAYS 9

13 VACATION 10

14 SICK LEAVE/PERSONAL TIME OFF 10

15 BEREAVEMENT LEAVE 11

16 LEAVE OF ABSENCE 11

17 WAGES AND JOB CLASSIFICATION 13

18 HEALTH AND WELFARE (H&W) 13

19 COMPANY 401k SAVINGS PLAN 14

20 COMMUTER/PARKING BENEFIT 14

21 NO STRIKES OR LOCKOUTS 14

22 COMPLIANCE WITH THE LAW 15

23 NON-DISCRIMINATION 15

24 SAFETY AND EQUIPMENT 15

25 GENERAL PROVISIONS 16

26 SUBSTANCE ABUSE 16

27 GOVERNMENT MANDATES 17

28 DURATION 19

PREAMBLE

This Agreement is made and entered into May 2, 2024 by and between Bowhead Marine Support Services, LLC (hereinafter referred to as the Company) and the Inlandboatmen�s Union, Marine Division of the ILWU (hereafter referred to as the Union) with respect to work performed at the Joint Base Pearl Harbor-Hickam Hawaii (JBPHH) supporting US Navy Submarine Readiness Squadron 33, Submarine Base, Pearl Harbor Hawaii, contract number N0060421C4002.

ARTICLE 1 � INTENT AND PURPOSE

In setting forth certain provisions pertaining to wages, benefits, method of employment, hours of work and working conditions, etc., the COMPANY and the UNION have agreed to cooperate in establishing and maintaining a harmonious relationship and have provided procedures for the peaceful settlement of all grievances that may arise.

ARTICLE 2 � RECOGNITION & METHOD OF EMPLOYMENT

The Company herein recognizes the Union as the sole and exclusive bargaining agent as certified by the National Labor Relations Board Case 20-RC-292904 for the purpose of collective bargaining with respect to rates of pay, wages, and hours of employment and other conditions pertaining to employment for all of the employees in the bargaining unit hereinafter set forth.

Employees covered by this Agreement must become and remain members of the Union in good standings as a condition of employment on or immediately following the 30th day of continuous or cumulative employment for the Company, or within 30 days of the effective date of this Agreement, whichever comes later. Tender of the initiation fee on or immediately following the 30th day of such employment and tender thereafter of the periodic dues uniformly required as a condition of retaining membership shall constitute membership in good standing in the Union.

An employee�s probationary period is not altered by the employee�s membership into the Union within 30 days. That is, after the employee joins the Union within 30 days, the employee must still complete the 90 day probationary as stated in Article 5, Section 6, which Section is unaltered by the employee�s membership to the Union within 30 days.

The Company shall, within thirty (30) consecutive calendar days after receipt of notice from the Union, discharge any employee who is not in good standing in the union as required by the preceding paragraph.

The Union may refer candidates for employment on a monthly basis to the Company, which the Company may consider with other external hires. It is understood that the Company has the right to reject any candidate. The Company will notify the Union of any accepted employment offers within three (3) business days.

When there is a job opening at the Company�s Joint Base Pearl Harbor-Hickam Hawaii (JBPHH) location, the Company will post the opening in all places where notices for employment are customarily posted for all employees covered by this Agreement (e.g., available online at the Company�s website and may be posted on-site by a Union member).

ARTICLE 3 � BARGAINING UNIT

The Bargaining Unit shall consist of the following classifications: full-time and regular part-time Captains, Engineers, Able Body Seamen, and Ordinary Seamen working at the Employer�s facility in Honolulu, Hawaii performing Torpedo Weapons Retriever (TWR) Operations and Maintenance

Services with respect to work performed at the Joint Base Pearl Harbor-Hickam Hawaii (JBPHH) supporting US Navy Submarine Readiness Squadron 33, Submarine Base, Pearl Harbor Hawaii.

Excluding all other employees, including the Project Manager, Director of Marine Operations, and all other supervisory employees, managerial employees, clerical employees, guards, and supervisors as defined by the Act.

ARTICLE 4 � MANAGEMENT RIGHTS

The Union on behalf of the employees agrees to cooperate with the Company to attain and maintain full efficiency and to meet the Navy Customer�s needs. The Company shall have the right to manage the business efficiently and profitably, including but not limited to the direction of the workforce; the right to hire, assign, transfer and to promote; the right to make, modify or change vessel assignments, the right to discharge employees for just cause; the right to maintain discipline for all employees and to suspend, reprimand, and demote employees pursuant to the Discipline provisions of this CBA; the right to lay off employees; the right to determine the work to be performed by any and all employees; the right to assign or reassign work, eliminate jobs, establish new jobs, combine or consolidate jobs, and to determine the job content for all employees; the right to determine the extent to which the business shall be operated, the right to determine the work to be done at any location, the means, methods, and equipment to be used in performing all work; to contract out, subcontract, or outsource any work which the Company deems desirable including, but not limited to, the services of temporary service agencies, in which event the Company agrees to effects bargain with the Union the contracting out, subcontracting, or outsourcing of work; the right to schedule and change employees� workweeks and working hours, except as provided for in Article 11, Section 2; the right to set reasonable standards of work in process, including the right to discipline and discharge for cause for failure to meet those standards;

the right to introduce new technology, new or improved methods, equipment, efficiency gaining devices, automation, or other labor savings; the right to establish reasonable work rules as enumerated in the employee handbook and safety rules and regulations; the right to introduce new or improved methods of evaluations of products, services, and employees.

The Company maintains the exclusive right to decide the type and quantity of services to be rendered to the Customer, to maintain oversight and to make decisions regarding the business needs, to merge with or enter into a joint venture or partnership with any other institution, to sell or dispose of the Company or any of its operations, to close down, or relocate the Company�s operations or any part thereof. The Company maintains the right to determine, establish and administer the facilities, policies and procedures, education, training, operations, and licensure requirements.

All such rights are vested exclusively within the rights of the Company and the Union will not abridge these rights. The specific rights as listed are not all inclusive and any and all rights, powers, or authorities the Company had prior to the signing of any agreement are retained by the Company except those rights as may be expressly limited by clear and explicit language of some provisions of this Agreement. The Company�s failure to exercise any right hereby reserved to it, or the Company�s exercise of any such right in a particular way, shall not be considered a waiver of the Company�s right to exercise such right or preclude it from exercising the same in some other way not in conflict with the provisions of this Agreement.

ARTICLE 5 � SENIORITY

Section 1. Union seniority of an employee is the length of the employee�s continuous service on the TWR contracts including time spent with predecessor Companies on the contract. An employee shall hold union seniority in the job classifications listed in Article 17 of this Agreement to which he has been assigned.

a) It is understood that seniority, defined in Article 5, Section 1, shall govern in the filling of vacancies within job classifications provided the employee meets the security and background check, minimum education, minimum licensing, experience, and performance requirements of the position.

b) When vacancies occur in any job classification covered by the Agreement, the Company shall post notice of such vacancies for a period of five (5) business days, unless on company approved leave of absence, the company will notify such employees as soon as practicable.

c) Employees transferring into the bargaining unit, will retain their Company date of hire for vacation and fringe benefit purposes only, but their union seniority date will be their date of transfer into the bargaining unit.

Section 2. In cases of layoff, the employee with the least seniority in the affected job classification shall be laid off first provided the remaining employees meet the minimum licensing, minimum education, experience, and performance requirements of the remaining positions. The Company shall notify affected employees as soon as the facts are known to the Company of upcoming layoffs, and will make its best efforts to notify affected employees and the Union as soon as all the facts are known to the Company of upcoming layoffs. All affected employees shall be given notice in writing.

Employees selected for layoff may elect to bump into a lower rated classification on the contract, within the bargaining unit, provided seniority and security clearance, minimum licensing, minimum education, experience, and performance requirements of the position allow. The employee will inform the Company of the employee�s election to bump within five (5) business days following the receipt the employee�s notice of layoff.

Section 3. An employee shall lose union seniority and the employee�s continuous employment shall be broken for the following reasons:

a) Resignation.

b) Discharge for cause.

c) Layoff in excess of twelve (12) months.

d) Failure to return to work at the expiration of a leave of absence.

e) Failure to return to work within ten (10) business days after being recalled.

f) Absence of three (3) consecutive business days without reporting to the Company, unless it is later proven that the employee was incapacitated and unable to contact the employer by phone due to circumstances out of the control of the employee. Separations due to absence of three (3) consecutive business days without reporting to the Company will not be subject to Article 10 under this agreement.

g) Retirement.

h) Failure to return to active employment for a continuous period of twelve (12) months, regardless of any changes of status while absent (including layoff).

Section 4. If an employee returns to employment with the Company within twelve (12) months, they shall have their union seniority reinstated at the level they had prior to leaving.

Section 5. In recall back to work, the employee with the most seniority in the open job classification shall be recalled first. An employee subject to recall shall be sent electronic communication (email or text message) to the employee�s personal email or cell phone. The employee is responsible for providing and maintaining accurate contact information while subject to recall, to include personal email, and cell phone.

Section 6. Each employee shall serve a probationary period of ninety (90) calendar days. If during the ninety (90) day period it is found that the new employee is not suitable for the job, the new employee�s employment may be terminated at the Company�s sole discretion, without recourse to the grievance procedure. This Section 6 is unaltered by the employee�s membership to the Union within 30 days as stated in Article 2.

ARTICLE 6 � UNION MEMBERSHIP CHECK-OFF

Section 1. All employees covered by this agreement shall, as a condition of continued employment, become and remain members of the Union in good standing during the term of this agreement. All new employees covered by this agreement shall, as a condition of employment, become members of the Union immediately after thirty (30) calendar days of employment, and remain members in good standing during the term of this agreement.

Section 2. The Union will make membership in the Union available to all employees covered by this agreement on the same terms and conditions as are generally applicable to other members of the Union, and further, demands for termination of employment will not be made for reasons other than failure of an employee to tender the periodic dues and fees uniformly required as a condition of acquiring or retaining membership in the Union. Upon receipt of authorization signed by the employee, the Company shall deduct from the employee�s pay the initiation or reinstatement fee and monthly dues payable by him to the Union, in an amount as directed by the Union for the period specified, so long as he remains in the bargaining unit. On call (casual) employees shall pay no less than the minimum dues as directed by the Union governances. Part-time and Full-time employees shall pay full dues directed by the Union governances.

Section 3. 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 6 Union Membership Check-off only.

Section 4. Such payroll deductions shall be remitted to the location as designated by the Union by the fifteen (15th) of the month following the month the payroll deductions are made. The

Company shall furnish to the Financial Officer of the Union monthly, a record of those from whom deductions have been made and the amounts of the deduction.

ARTICLE 7 � UNION ACCESS

Section 1. Authorized agents of the Union shall have access to the Company�s facility for the purpose of adjusting grievances, investigating working conditions, and ascertaining the Company�s compliance with the Agreement; provided, however, that the Union shall give at least five (5) days notice to the Company of the anticipated date and time of its visit, and, if such date or time is inconvenient to the Company for bona fide operational reasons, the Company and the Union shall agree in good faith upon a mutually convenient date and time. Any such access shall be conditioned upon prior approval by the Navy Customer. The Project Manager will provide the government point of contact to the IBU Hawai�i Regional Director to obtain a base access card.

The Parties understand the decision to grant base access cards is not within the Company�s control and the Company shall not be held liable for any denial of base access.

Section 2. If the scheduled date is inconvenient to the Navy Customer for bona fide operational reasons, the Company and the Union shall agree in good faith upon a mutually convenient date and time.

ARTICLE 8 � UNION STEWARDS/JOINT LABOR RELATIONS COMMITTEE

Section 1. The Company recognizes the right of the Union to designate Union Stewards that shall be comprised of three (3) Joint Labor Relations Committee (�JLRC�) members, the Union�s Regional Director, and up to four (4) Company representatives. The Union will email the Project Manager each year on the CBA effective date of its designated JLRC members, and as soon as practicable if there is a change to the designated JLRC members.

Section 2. The JLRC shall investigate, present and process grievances. The JLRC�s investigation, presentation, and processing of grievances shall be done without interfering with mission support and TWR operations.

Section 3. The JLRC duties involve gathering information on alleged violations of the Agreement and processing grievances.

Section 4. It is agreed that a member of the JLRC may receive, but not solicit, grievances from employees. For purpose of this agreement, the term �solicit� means the JLRC members will receive grievances from employees and not petition for grievances. The Union recognizes and agrees that JLRC members will carry out the JLRC members� duties with no interference with the orderly progress of Company work.

Section 5. The Parties mutually agree to hold one (1) JLRC meeting per month. The Parties are not obligated to meet monthly if there are no outstanding grievances, issues, or concerns. Should a Party want to hold a JLRC meeting, that Party must notify the other Party via email no less than ten (10) business days prior to the proposed meeting date. If the Party is not available on the date offered, then the Parties will set the next available date. Meetings shall be held during noncompensable/nonwork time.

Section 6. JLRC members have no authority to take strike action, or any other action interrupting the Company�s business. The Company in so recognizing such limitation shall have the authority to impose proper discipline, including discharge, in the event JLRC members have taken unauthorized strike action, slow down, work stoppage, or any other actions in violation of this Agreement. Any such action shall be exempt from Article 10.

ARTICLE 9 � DISCHARGE AND DISCIPLINE

Section 1. The Parties agree that they will cooperate to foster a motivated and efficient workforce.

Maintaining discipline is an essential element of this effort. The Company will retain the right to discipline employees by discharge, suspension, or other action. The Company will administer all discipline within thirty (30) days of becoming aware of the infraction.

Section 2. Disciplinary action will follow a line of progression. Depending on the nature and severity of the offense, discipline can start at any point in the process. If discipline does not follow the line of progression, the Company will contact the Regional Director to inform the Union of the discipline to be issued. The Parties will confer on the disciplinary step, however should the Parties be unable to agree on the disciplinary step, the Company may still issue the discipline at any point in the process. The agreed upon line of progression is as follows:

Step 1 Verbal Counseling (Documented)

Step 2 Written Warning

Step 3 Final Written Warning

Step 4 Discharge

An employee may be placed on unpaid suspension pending completion of an investigation by the Company for a maximum of thirty (30) days. If the investigation is anticipated to last longer than thirty (30) days, then the Company must notify the employee by the 30th day and provide an estimated time of completion of the investigation and unpaid suspension.

Section 3. Disciplinary actions administered by the Company will remain in the employee�s personnel file but will not be used for the purpose of progressive discipline following one year from the date of issuance. Disciplinary actions regarding harassment, discrimination, safety violations that can result in bodily injury or death to the employee or those nearby or cause damage to a vessel or equipment, missing movement for open ocean/offshore vessel operations, and/or security violations shall always be considered and retained in their file.

Section 4. This provision shall not apply if the Federal Government revokes or denies an employee�s access from JBPHH. It is understood that where a security clearance, CAC, and/or other installation access or security requirements is required in order to perform work in any area covered by this bargaining unit, that issuance and retention of such security clearance, CAC, and/or other installation access or security requirements shall be a condition of continued employment in that area. The failure of an employee to obtain and maintain a clearance, CAC or other required access will not be subject to Article 10 under this agreement. If the employee resolves the issue that caused removal of their clearance, CAC, or other required access the employee may reapply for an open position, and should such clearance pass and an open position is available, that employee shall be rehired and regain the employee�s union seniority, so long as the employee returns within one (1) year from the removal of their clearance, CAC, or other required access.

ARTICLE 10 � GRIEVANCE PROCEDURE AND ARBITRATION

Section 1. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by conference between the Program Manager and the employee involved, provided the Union Representative has been given an opportunity to be present. If not resolved at this informal level, a formal written grievance shall be filed. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the section of this Agreement alleged to have been violated and the action, remedy or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed, by the affected employee, Grievances shall be processed according to the steps and time limits specified. These time limits may be extended upon written mutual consent of the Parties.

No grievances shall be filed or processed based on facts or events, which have occurred more than ten (10) calendar days before such grievance is filed, except for a bona fide pay discrepancy. Both Parties agree to exert an earnest effort to settle such grievance promptly through the following steps:

Step 1: No matter shall be considered a grievance until first taken up in writing by the Employee/Union with the Project Manager. There shall be a written response from the company within ten (10) business days. Day 1 is considered the first business day the grievance is filed. If for some reason there is no response from the Company within the said ten (10) business day window, the grievance shall be resolved in favor of the Employee/Union and the remedy sought be granted.

Step 2: If the grievance cannot be resolved during Step 1, the Union may, in writing, advance the grievance to Step 2 by submitting the grievance to the Director of Operations.

The Director of Operations and the JLRC shall meet telephonically within ten (10) business days and attempt to resolve the grievance. If unable to resolve the grievance, the Director of Operations shall submit a written answer to the JLRC and the Regional Director within ten (10) business days. If there is no response within the (10) business day window from the Company, the grievance shall be resolved in the Employee/Union favor, and the remedy sought shall be granted.

Step 3: The Union�s Regional Director/JLRC may submit within ten (10) business days following the Company�s Step 2 answer, a written notice to the Company HR Director or designee, of its intent to arbitrate. The Regional Director/JLRC and HR will meet remotely and attempt to resolve the issue, and if unable to resolve the issue within ten (10) business days, the Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each Party. The Union and the Company shall alternatively strike one name from such list (the Company and Union shall alternate which Party shall make the first strike, Company to make initial strike) until only one name remains and that person shall be the Arbitrator. The Parties will notify the Arbitrator of their selection and will coordinate schedules between the Company, Arbitrator and Union.

The cost for the Arbitrator will be shared equally among the Parties. The Company and the Union will continue to attempt to resolve the grievance prior to arbitration.

Section 2. The arguments before the Arbitrator will be oral, written or both. The Arbitrator shall not have the authority to add to, subtract from, modify, or in any way alter or change any of the terms of this Agreement. The Arbitrator�s authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence presented at the hearing and the Collective Bargaining Agreement.

Section 3. The Parties may file post hearing briefs. The Arbitrator shall render the decision within thirty (30) days of the close of the hearing or receipt of the briefs (unless otherwise agreed upon).

The Arbitrator�s decision shall be in writing. The award shall be delivered or mailed to each Party.

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

Section 4. In cases of cancellation, the Party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees or costs of the Arbitrator shall be shared equally by the Parties (unless otherwise agreed upon). No more than one (1) grievance shall be submitted to the same Arbitrator, unless mutually agreed to. All time limits shall be strictly adhered to and may only be extended by mutual agreements of the Parties.

Section 5. No retroactive adjustment regarding wages or back pay, if required, shall exceed sixty

(60) days from the date of the dispute is first submitted in writing to the Company or its designated representative by the employee or the Union.

ARTICLE 11 � HOURS OF WORK AND OVERTIME

Section 1. All employees will be compensated for each scheduled day of work at a day rate. Each workday commences at 12:01AM and ends at midnight on the same calendar day. Eight (8) consecutive hours while in port, twelve (12) consecutive hours while underway, exclusive of an unpaid meal period of a minimum of thirty (30) minutes, shall constitute a normal work day for all full-time employees. An underway day consists of missions outside the harbor scheduled longer than 12 hours of worktime.

Section 2. The workweek for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Sunday and running through the following Saturday.

The normal work schedule shall be Monday through Friday. Alternate work schedules may be directed by the Navy Customer.

Should the Navy Customer request the Company adopt a 4-day 10-hour work schedule, or a 9-day 80-hour schedule, the Company shall notify the Union no later than 1 week prior to making that change.

Section 3. All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per eight (8) hour day. One (1) to be taken during the first half of their workday and one (1) to be taken during the second half of their workday.

In the event any employee is required to work beyond any ten (10) hour workday, the affected employee will receive an additional unpaid one-half (½) hour meal break prior to commencing additional work beyond ten (10 hours). The Company shall follow all state and federal laws.

Meal periods shall begin not earlier than four (4) hours after the start of each shift, and not later than five (5) hours after the start of each shift, where practicable. If the Company requests the employee to work through a meal period, the Company will follow state and federal laws regarding compensable time and overtime, where applicable.

Section 4. The Company will distribute overtime as equitably as possible amongst employees. The Program Manager will maintain an overtime use roster for determining overtime spread. Overtime will be offered first to the employees lowest on the spread. The Steward may request the overtime use roster on a monthly basis.

Overtime at the rate of one-and-one half (1.5) times the working rate will be paid for hours worked over forty (40) in a workweek. The working rate shall be calculated by dividing the day rate by 12 hours.

Section 5. No overtime shall be worked except by direction of the Program Manager or the Program Manager�s designee.

Section 6. There shall be no pyramiding of overtime. Nothing in this Agreement shall be construed as to require the payment of overtime on overtime, or the compounding of overtime as a result of computing hours in accordance with this Article.

Section 7. Night Watch. Employees working in the Night Watch position shall do so during non-normal hours (that is, any time between 1601-0659 Monday through Friday and 24 hours on Saturday, Sunday, and holidays). The Hours of Work and Overtime Sections of this Article 11, except Section 1, apply to Night Watch employees. Each Night Watch shall be up to twelve (12) hours, exclusive of an unpaid meal period of a minimum of thirty (30) minutes, and shall receive a total of one day rate per scheduled Night Watch assignment. Non-bargaining unit employees may perform watch requirements provided it does not cause a bargaining unit employee to be laid off, displaced, or sent home due to lack of work.

ARTICLE 12 � HOLIDAYS

Section 1. Holiday pay for full-time employees is payable at the employee�s working rate of pay in accordance with Article 11. Part-time employees receive a proportion of the holiday due full-time employees based on the number of hours each such employee worked in the workweek prior to the workweek in which the holiday occurs, payable at the employee�s working rate of pay in accordance with Article 11.

Section 2. The following eleven (11) holidays will be observed each calendar year.

New Year�s Day Martin Luther King Day Presidents Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Columbus Day Thanksgiving Day Christmas Day

Section 3. Any employee required to work on any of the above holidays will be paid for all hours worked at the working rate in accordance with Article 11 plus holiday pay for full-time employees (or the prorated equivalent hours for part-time employees as stated in Article 12, Section 1).

Holidays may not be carried over from one year to the next.

Section 4. When a holiday falls during an employee�s vacation, the holiday will not be charged as vacation. The employee will receive holiday pay for the holiday.

Section 5. Any additional holiday designated by Federal Government mandate or Presidential Executive Order that is observed at the facility will be observed in addition to the holidays listed above. Employees will receive payment as a holiday only in the event that the holiday is added as a reimbursable cost through a contract modification.

Section 6. Employees on unpaid leave of absence of are not eligible for holiday pay. A full- time employee�s entitlement to holiday pay vests by working in the workweek in which the named holiday occurs, or by being on paid sick leave or vacation leave in that workweek.

ARTICLE 13 � VACATION

Section 1. Vacation Schedule for Full Time employees:

After 1 year of service 2 weeks/120 hours (based upon 12 hour days) After 5 years of service 3 weeks/180 hours (based upon 12 hour days) After 15 years of service 4 weeks/240 hours (based upon 12 hour days)

Section 2. Vacation will vest and be awarded upon each employee�s anniversary date. There is no accrual or vesting of vacation eligibility before the employee�s anniversary date. Vacation will be based upon the employee�s anniversary/seniority date. Vacation may carryover from one

(1) calendar year to another subject to a maximum accrual of eighty (80) hours. Any excess balance of unused vacation hours shall be paid at the current employee�s base rate prior to the next anniversary date.

Section 3. Vacation requests must be made in writing to the employee�s Program Manager no less than fourteen (14) calendar days prior to the start date of the planned vacation. Exceptions can be made on a case by case or emergency basis. The Company shall notify the employee in writing within three (3) working days of the request submittal of the Company�s decision to approve or deny the vacation request based upon operational requirements. If the Company approves a vacation request it shall not be then disapproved without the employee�s consent, unless it is determined the employee no longer has the available vacation balance to cover the time requested.

When two (2) or more vacation requests are submitted at the same time, the Company shall grant the most senior employee the vacation first. Vacations will be used in increments of no less than one half (1/2) hour. Vacation request may be made six (6) months in advance in order to plan for site staffing effectiveness.

Section 4. An employee entitled to vacation with pay which has not been used at the time such employee resigns, is terminated, is part of a RIF or layoff, retires, dies, or enters the Armed Forces will be paid for unused vested vacation at the employee�s current base pay rate.

ARTICLE 14 � SICK LEAVE/PERSONAL TIME OFF

Section 1. Employees shall accrue paid Sick Leave/Personal Time Off at the rate of one (1) hour of paid Sick Leave/Personal Time Off for each thirty (30) hours paid, up to a maximum accrual of fifty-six (56) hours of paid Sick Leave per year. For the purposed of this Article, the accrual year shall begin on January 1 and end on December 31 of each calendar year. Such leave may be taken within each twelve (12) month period at the employee�s current working rate of pay up to a maximum of fifty-six (56) hours. Sick leave/Personal Time Off can be taken in one-half (1/2) hour increments.

Section 2. Carry Over. Any hours remaining on December 31 of each year shall carry forward from one accrual year to the next. The maximum amount of paid Sick Leave an employee may have available for use at any time is fifty-six (56) hours. Therefore, once an employee has fifty-six (56) hours of paid Sick Leave accrued, no additional paid Sick Leave will accrue until such time that the employee's available paid Sick Leave is less than fifty-six (56) hours.

Section 3. The Company may require certification only for absences of three or more consecutive full days. This article satisfies the Company�s obligation under Executive Order 13706, as well as state and local sick leave regulations.

Section 4. Any unused Sick or Personal Time off will not be paid in lieu of and will be forfeited at the termination of the contract or at the termination of employment. Employees who are separated from the Company and are rehired within 12 months after a job separation will have all of their earned and unused sick leave reinstated on their rehire date.

ARTICLE 15 � BEREAVEMENT LEAVE

Section 1. Employees shall receive three (3) paid days of bereavement leave when a death occurs in their immediate family. Immediate family is defined as parent, grandparent, spouse, child, grandchild, brother, sister, mother-in-law, father-in-law, stepparent, stepchildren, brother- in-law, sister-in-law, domestic partner, and foster children.

Section 2. The Company may require reasonable proof of death under this Article. If the funeral is more than four hundred (400) miles from the employee�s address of record with the Company, the employee shall be granted one (1) additional day off with pay to attend the funeral.

ARTICLE 16 � LEAVES OF ABSENCE

Section 1. Limited unpaid personal leaves of absence may be granted at the sole discretion of the Company upon request of employees. Such leaves shall be not more than thirty (30) calendar days.

Requests for unpaid personal leave of absence must be made in writing no less than fourteen (14) calendar days prior to the requested leave start date and must receive approval by the Company. A maximum of two (2) extensions may be approved by the Company. Any leave of absence approval is subject to the operational requirements of the Company.

Section 2. Seniority shall continue to accumulate during the approved leave of absence. When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension of such leave prior to expiration if additional time is required. All such extensions must have prior Company approval.

Section 3. Leave of absence for a health condition for the employee will be in accordance with applicable state and federal laws.

Group insurance, if elected, in addition to any optional benefits elected by the employee will continue for the duration of the leave of absence as described above as long as the employee continues to pay the employee�s portion of the premiums at least ten (10) days prior to the next month�s insurance coverage.

Section 4. An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written release of a licensed physician provided the employee is able to perform the employee�s assigned duties safely. Should the Company question the employee�s capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work.

a) While on leave of absence for personal health reasons, the employee shall notify the Company as to the employee�s potential of returning to work on a biweekly basis, except in those cases where the employee's physician has provided an expected date of return.

b) An employee may be returned to duty provided the Company is able to accommodate said restrictions.

Section 5. Leaves of absence without pay for Union business will be granted to Bargaining Unit employees of the Company who are elected or appointed by the Union, to attend such functions as conferences, conventions, and Union educational courses, and provide at least fifteen (15) business days advance noticed is given in writing to the Company, if possible to do so. However, not more than one (1) employee may be on a short- or long-term leave of absence with the Union at any given time. Employees on such leave shall continue to accrue seniority.

Section 6. An employee 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, will be given a leave of absence for and will accumulate seniority during such period of service. Employees required to report for military training in excess of thirty (30) consecutive days or those called to active duty shall be reinstated in accordance with the Uniformed Service Employment and Reemployment Rights Act. The Parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Section 7. When leaves of absence are granted, the employee, upon return to active employment, will be returned to the employee�s classification based upon seniority and qualifications.

When an employee fails to return to work at the expiration of an approved leave of absence, that employee may be disciplined, up to and including discharge, in accordance with Article 9.

Section 8. The Employer agrees to abide by protected leaves in accordance with federal and state law.

ARTICLE 17 � WAGES AND JOB CLASSIFICATION

Section 1. The wage increases listed below will be effective for the term of this agreement:

Year Increase

May 1, 2025 7.25% across the board increase for all bargaining unit members

May 1, 2026 4.25% across the board increase for all bargaining unit members

May 1, 2027 3.50% across the board increase for all bargaining unit members

Day Rates

For any employee(s) who are above the listed rates, their rate will be increased by the percentage in the above table each year of the agreement on the same dates (i.e., on May 1, 2025, on May 1, 2026, and on May 1, 2027) since all bargaining unit employees receive an across the board percentage increase on those dates.

The Company agrees to follow the SCA Wage Determinations so that no employee will have a rate below the current SCA Wage Determination rate upon incorporation into the Company�s contract.

ARTICLE 18 � HEALTH AND WELFARE (H&W)

Section 1. The Company agrees to abide by the Hawaii Pre-Paid Health Care Act in the State of Hawaii. All employees will be enrolled in the Company-sponsored health plan which includes coverage for medical, dental, prescription drug, and vision. The Company maintains the right to pass through improvements, modifications, changes or premium to these plans at any time. Any elimination contemplated to these plans will only be as a result of the Company no longer offering the specific plan. If, and when, these situations arise, the Company will notify the Union prior to taking such action. Employees may opt out of the Company-sponsored health plan so long as the employee (1) completes a waiver for the Company-sponsored health plan and (2) provides proof of other health insurance coverage. If the employee opts out of the Company-sponsored plan, the employee will receive the balance as cash in lieu in accordance with the current SCA Wage Determinations at the rate of $4.98 per hour up to 40 hours per week; and for future years, in accordance with the Wage Determination rate upon incorporation into the Company�s contract.

Section 2. The Company will provide each Bargaining Unit employee with the Health and Welfare (H&W) benefit rates per hour worked, as outlined below, and also pay the same amount for any contractual paid time off to a maximum forty (40) hours per week, for the purchase of Health and Welfare benefits. This amount will be applied toward mandatory and elected voluntary benefits provided by the Company for the employees and their legal dependents. Mandatory benefits

Job Title Current Day Rate

May 1, 2025 Day Rate

May 1, 2026 Day Rate

May 1, 2027 Day Rate

Captain $397.84 $426.68 $444.82 $460.39 Engineer $334.68 $358.94 $374.20 $387.30 Able Body Seaman $262.95 $282.01 $294.00 $304.29 Ordinary Seaman $250.35 $268.50 $279.91 $289.71 include Life Insurance, AD&D Insurance, Short Term and Long-Term Disability. Voluntary Benefits include 401k employer match (see Article 19). Mandatory benefits will be deducted from the H&W prior to voluntary benefits.

Current Rate Future years

$2.15 In accordance with the Wage Determination rate upon incorporation into the Company�s contract

Section 3. If the cost of the employee�s mandatory and voluntary elected benefits is less than the H&W rate shown above, the employee will receive the balance as cash in lieu, including if the employee elects to opt out of the Company-sponsored health plan. If the cost of the employee�s mandatory and voluntary elected benefits is higher than the rate shown above, the balance will be deducted from the employee�s wages.

ARTICLE 19 � COMPANY 401k SAVINGS PLAN Bargaining unit employees may participate in the Company 401k plan in accordance with the Summary Plan Description, to include Company matching contributions up to 3% of employee elected deferrals. The employees may contribute up to the maximum allowed per the saving plan or applicable law.

ARTICLE 20 � COMMUTER/PARKING BENEFIT

Full Time employees will be permitted to participate in the Company sponsored Commuter/Parking Benefit at the employee�s expense. Employees may elect to contribute pre-tax dollars to be used to pay for mass transit and parking related expenses. Contributions will be deducted from employee paychecks in equal installments throughout the year and deposited into the employee�s account, in accordance with IRS limits.

ARTICLE 21 � NO STRIKES OR LOCKOUTS

Section 1. For the duration of this Agreement, the procedures described herein for settlement of grievances shall serve as the means for peaceful settlement of all disputes that may arise between the Parties regarding this Agreement. During the term of the Agreement or extension thereof, the Union will not collectively, concertedly, call, engage in, participate, directly or indirectly in, work stoppages, slowdowns, strikes, �sick outs,� sympathy strikes, or any other interference with or interruption of work (hereinafter referred to as �Prohibited Activity�). The Company agrees that it shall not lock out its employees during the term of this Agreement.

Section 2. In the event that an employee or employees engage in any of the actions set forth in Section 1 of this Article, which the Union has agreed not to call, authorize, condone or support, such employee and those participating with the employee shall be immediately discharged and the provisions of Article 10 will not apply to such discharges. The term �slowdown� shall mean an intentional or willful act on the part of the employee to restrict the operations of the Company by the use of any means within the employee�s reasonable control.

Section 3. In the event that an employee or employees engage in any of the Prohibited Activity set forth in Section 1 of this Article, the Union, immediately, upon receipt of written or electronic notice from the Company, shall be obligated to do the following things:

a) Advise the Company, in writing or electronically, that the Prohibited Activity has not been called or sanctioned by the Union.

b) Advise the worker(s) involved that such actions are unauthorized, and further order the worker(s) to return to work immediately.

Section 4. The obligation of the Union shall be limited to the performance of the acts required by Section 3, and upon compliance by the Union with the provisions of Section 3 of this Agreement, the Union and its officers, agents, and members shall have no further liability during the term of this contract and thereafter, for any damage suffered by the Company arising from or out of any stoppage or strike.

Section 5. In the event the Union fails to take the actions described in Section 3, the Union will be held liable and responsible for the actions of its members. If the Union, either directly or indirectly, authorizes supports, promotes, or condones any violation of this Article, the Company will have all rights the law provides, including, but not limited to, entitlement to injunctive relief, court costs and attorney�s fees.

Section 6. Neither the violation of any provisions of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful by any federal, state, or local laws will excuse employees or the Parties from their obligations under this Article�s provisions.

ARTICLE 22 � COMPLIANCE WITH THE LAW

Section 1. The Company and the Union agree that in the event any provision or provisions of this Agreement are held to be void as being in contravention of any laws, rules or regulations, nevertheless the remainder of the Agreement shall remain in full force and effect. It is further agreed that each article (rule) of the Agreement is separate and distinct and would have been entered into without regard to any other article (rule).

Section 2. The Company and the Union agree to meet to discuss the impact of such actions. If either Party desires to negotiate a new provision regarding the affected portion, then that Party may serve notice upon the other, in writing, of its desire to negotiate the provision of the Agreement affected by such laws, rules or regulations. The Parties shall meet as soon as possible upon service of the written notice to negotiate changes to the Agreement. Any modification or changes to this Agreement brought about by these negotiations shall be in writing and signed by the Parties hereto.

ARTICLE 23 � NON-DISCRIMINATION

The Company and the Union agree to observe all applicable Federal and State laws regarding non-discrimination against any employee or applicant for employment because of race, color, religious creed, national origin, disability, veteran status, age, gender identity/expression, sexual orientation, or preference, citizenship status, medical condition, or sex.

ARTICLE 24 � SAFETY AND EQUIPMENT

Section 1. It is the intent of the Company to maintain safe and healthy conditions as is necessary to protect employees from injury. As part of regular operating procedures, the Company has instituted quarterly safety training. All employees are able to assist the Program Manager with the training including, but not limited to, suggesting topics to add to the training curriculum.

Section 2. Employees shall be required to comply with all safety rules and regulations established by the Company and government agencies, and to wear such protective clothing or use such safety equipment as may be required and furnished by the customer. Any violation of the Company�s safety rules and regulations will be subject to discipline pursuant to Article 9.

ARTICLE 25 � GENERAL PROVISIONS

Section 1. The Company agrees that it will not discriminate against any employee because of the employee�s membership in the Union.

Section 2. All Bargaining unit work in the facility will be performed by employees covered by this Agreement. Management shall not perform any Bargaining Unit work except in case of instruction, coverage for lunches, and emergencies. This is not intended to take away work that is consistently performed by employees covered by this Agreement.

Section 3. The Company agrees to notify and discuss new policies that directly effect this agreement with the Union prior to the implementation.

Section 4. Bargaining unit employees on assignment will be covered under the current Collective Bargaining Agreement as if working at the Joint Base Pearl Harbor-Hickam Hawaii (JBPHH) supporting US Navy Submarine Squadron 33, Submarine Base, Pearl Harbor-Hickam Hawaii, contract number N0060421C4002.

Section 5. Employees on assignment will be paid in accordance with the Government Joint Travel Regulation (JTR). Travel receipts are required to ensure compliance with reimbursement procedures.

Section 6. A full-time employee is an employee who is regularly scheduled to work forty (40) hours per week. A part-time employee is an employee who is regularly scheduled to work twenty

(20) hours per week.

Section 7. Seniority Order. The following order shall prevail with regards to promotions and layoffs. Example: if there is an opening to full-time status, the most senior part-time employee shall be first considered.