Attachment 6(d) Sample WD Corrected Copy.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

FLIGHTSAFETY SERVICES CORPORATION

NAVAL AIR STATION WHITING FIELD, FLORIDA

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

DISTRICT LODGE 75, LOCAL LODGE 2902

July 1, 2018 – June 30, 2021

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 RIGHTS OF MANAGEMENT

ARTICLE 3 NO STRIKES AND NO LOCKOUTS

ARTICLE 4 DUES CHECK-OFF

ARTICLE 5 UNION REPRESENTATION AND ACTIVITIES

ARTICLE 6 GRIEVANCE PROCEDURE

ARTICLE 7 MISCELLANEOUS

ARTICLE 8 SENIORITY

ARTICLE 9 DISCIPLINE AND DISCHARGE

ARTICLE 10 COMPENSATION

ARTICLE 11 WORKWEEK, HOURS OF WORK, SHIFTS

ARTICLE 12 HOLIDAYS

ARTICLE 13 VACATION

ARTICLE 14 BENEFITS

ARTICLE 15 DRUG FREE WORKPLACE/HEALTH EXAMINATIONS

ARTICLE 16 LEGALITY/STABILITY OF AGREEMENT

ARTICLE 17 NO PREDECESSOR PAST PRACTICES

ARTICLE 18 DURATION

PREAMBLE

THIS AGREEMENT, dated this 1st day July, 2018, by and between FlightSafety

Services Corporation (hereinafter called the Employer), and the International

Association of Machinists and Aerospace Workers, AFL-CIO, and its District Lodge

No. 75 and Local Lodge No. 2902, Association of Flight Training Professionals

(hereinafter called the Union), for the purpose of establishing harmonious relations and facilitating peaceful adjustment of wage schedules and working conditions.

WHEREAS, the Union is the exclusive bargaining agent for the employees set forth in

Article 1, and

WHEREAS, the Union and the Company (hereinafter called the Parties) have negotiated a Collective Bargaining Agreement covering wages, hours and other conditions of employment, and

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

ARTICLE 1

RECOGNITION

Section 1.1 The Company recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all employees of FlightSafety Services Corporation in the bargaining unit on the Chief of Naval Air Training (CNATRA) Contract described in certifications issued by the National Labor Relations Board:

Case #15-RC-7465 (Job site: Whiting Field Florida), as amended on March 2, 1993. All flight training instructors (i.e., contract instructors) employed by the

Employer; excluding all other employees, office clerical employees, site managers, assistant site managers, watchmen, guards, professional employees and supervisors as defined in the Act under Navy Contract No. 61340-18-C-0019.

Except as otherwise clear from the context, the term “employees” as used in this

Agreement means employees in the bargaining unit.

Section 1.2 Agency Shop. Employees who work at NAS Whiting Field shall not be required to become a member of the Union or to pay the Union any monthly charge.

Employees who work at NAS Whiting Field shall have the right to join or to not join the

Union. The Parties agree that no employee who works at NAS Whiting Field shall be discriminated against because of non-membership or membership in the Union.

ARTICLE 2

RIGHTS OF MANAGEMENT

Section 2.1 Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to continue Company Corporate policies as dated July 1, 2018, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change, or combine work schedules and work assignments which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

In the event the Employer wishes to implement site level policies that are not published in Employer corporate policies that were in effect as of July 1, 2018, the Employer first shall negotiate in good faith with the Union about such policies before they are implemented.

In the event the Employer wishes to make changes to Employer policies, practices or procedures which effect conditions of employment of Bargaining Unit employees, the

Employer shall first negotiate about said policies in good faith with the Union before they are implemented. Nothing in this section shall be construed as limiting the Employer’s ability to introduce changes that address new requirements placed upon the Employer by the Government.

Section 2.2 It is understood and agreed that any of the powers and authority the

Employer had prior to the signing of this Agreement are retained by the Employer except those specifically modified, delegated or granted by this Agreement.

Section 2.3 The Company shall take no action that is prohibited by any provision of this

Agreement. The Company shall not exercise any of its rights in any arbitrary or capricious manner, or in a manner discriminating against employees.

Section 2.4 The Employer shall not have the right to sub-contract with any other person, organization, company, or other contractor, in the performance of bargaining unit work, unless by mutual agreement of the parties or at the direction of the Government. If sub-contracting is at the direction of the Government the Company will provide Government documentation requiring the sub-contracting to the Union. This provision shall not apply to any other sub-contracting of work or services.

Section 2.5 Non-bargaining unit employees shall not be scheduled to perform work normally assigned to bargaining unit employees.

ARTICLE 3

NO STRIKES AND NO LOCKOUTS

Section 3.1 It is the intent of the parties, in the interests of attaining peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Employer to the Union and the employees it represents, and the

Union and the employees it represents to the Employer, and to provide the exclusive procedures through which the Union, the Employer, and the employees shall resort to secure redress for grievances arising from this Agreement.

Section 3.2 The Union shall not cause or permit bargaining unit employees to take part in any sit down, stay in, or slowdown in any Employer location or any curtailment of work or restriction of production or interference with the operations of the Employer.

Section 3.3 The Union shall not cause or permit bargaining unit employees to take part in any strike of any of the Employer's operations, or refuse to cross any picket line. The

Union shall not cause or permit bargaining unit members to take part in any sympathy strike, or honor the picket line in sympathy with employees working at NAS Whiting

Field, or any other location where the Employer performs services or any other group of employees.

Section 3.4 Any bargaining unit employee found guilty of violating this Article or disregarding the instructions given by the Union, may be discharged or subject to other disciplinary action as the Employer may consider appropriate subject to the grievance procedure outlined in Article 6.

Section 3.5 The Employer shall not authorize or direct a lockout during the period this

Agreement is in effect.

ARTICLE 4

DUES CHECK-OFF

Section 4.1 The Employer shall make payroll deductions for the Union's dues upon receipt by the Employer of a voluntary written assignment covering such deduction on a form mutually agreed to by the Union and the Employer. The deduction list provided by the Union will include each such employee's social security number, name, and amount of deduction. The Union dues shall be in an amount specified on such assignment.

Section 4.2 The Union Deduction Authorization Form to be executed and furnished to the Employer by the Union.

Section 4.3 The Union accepts full responsibility for the authenticity of each Deduction

Authorization Form submitted to the Employer and any authorizations, which are incomplete or in error shall be disregarded by the Employer. Authorizations which are incomplete or are in error shall be returned to the Union for correction. The Union agrees that upon receipt of proof, it will refund to the Employer any deduction erroneously or improperly withheld from an employee's earnings by the Employer which have been transmitted by the Employer to the Union. The Union further agrees to indemnify the Employer and hold it harmless against any and all claims, suits, or other forms of liability, including attorney’s fees and litigation costs, which may be made against it by any person or entity for any claims or liability arising out of the Employer’s compliance with this Article.

Section 4.4 No deductions of Union dues will be made from the wages of any employee who has executed a Deduction Authorization Form and who has been transferred to a job not covered by this Collective Bargaining Agreement. Upon return to work within a classification covered by this Agreement, deductions from future wages will be made upon execution and receipt of a Deduction Authorization Form.

Section 4.5 An employee who has executed a Deduction Authorization Form and who is laid off as an employee of the Employer, shall be deemed to have automatically revoked his assignment and if he is recalled from layoff, dues deductions will be resumed once the employee has executed the Deduction Authorization Form. An employee who has executed a Deduction Authorization Form and who is terminated or resigns as an employee of the Employer shall be deemed to have automatically revoked his assignment, and if he is rehired or re-employed, further deductions of Union dues will be made only upon execution and receipt of a new Deduction Authorization Form.

Section 4.6 Collection of any back dues and collection of dues missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

Section 4.7 Deduction of Union membership dues and/or agency fees shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Employer to deduct dues shall not extend beyond the employee's last pay period.

Section 4.8 Deductions shall be made for dues/fees from an employee’s payroll check

(once per month) after receipt of his/her Deduction Authorization Form and thereafter from every bi-weekly paycheck of the employee. The payroll deductions will be sent to the Union in the month following the deduction.

ARTICLE 5

UNION REPRESENTATION AND ACTIVITIES

Section 5.1 Union Representation. The Union shall inform the Employer in writing of the names of its Stewards, Officers, and Representatives who are accredited to represent it.

Stewards must be bargaining unit employees. Such information shall be kept current by notifying the Employer in writing of each change of assignment. Any changes of assignment shall become effective the first work day after notification is received by the

Employer. Only persons so designated will be accepted by the Employer as representatives of the Union. There shall be no discrimination by the Employer against any employee serving as a Union Representative for performing their duties and responsibilities under this Collective Bargaining Agreement.

(a) Union Representatives. Representatives of the International Union and

District 75 or their designee shall be admitted to Company occupied premises where employees in the unit are assigned, for the purpose of investigating grievances and to ensure the collective bargaining agreement is being complied with. However, prior to entering such premises, he shall contact the PM/DPM present, advise him of the purpose of the visit and determine the availability of the employee.

(b) Chief Steward. The Employer agrees to recognize one Chief Steward. The

Chief Steward shall be responsible for adjusting employee complaints or grievances occurring under his jurisdiction as provided for in the Grievance Procedure contained herein. He shall be an employee of the Employer selected from among those employees whom he represents. An employee while serving as a Steward shall not be transferred or loaned from his site of jurisdiction so long as employees remain in the jurisdiction for which he is designated as Steward. If a Steward, for reasons other than temporary absence, becomes unable to fulfill his duties, resigns, quits or is otherwise terminated or discharged from employment, a replacement will be designated by the

Union within five (5) working days to replace him.

(c) The Union may appoint one representative as a Shop Steward for the purpose of coordinating grievances, complaints, or information with the Chief Steward.

The Employer and the Union may, by mutual agreement, establish additional Shop

Stewards. The Union agrees to provide the Employer with a current list of representatives.

Section 5.2 Investigation of Complaints or Claims of Grievances. Each steward shall notify and obtain permission from the PM/DPM before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Union, or to contact the Chief Steward or the Union Representatives, as referred to in Section 5.1(a) of this Article, in regard to such claim or grievance. Such permission shall be granted except where cancellation of a scheduled event will occur, unless continuation of the event will further aggravate the complaint or alleged grievance, or if a safety issue is the concern. The PM/DPM may be present during any discussion relating to any complaint or grievance. Upon the request of an employee or Steward, the PM/DPM shall authorize the Steward to participate in a private discussion with an employee or Union Representatives, as referred to in Section 5.1(a) of this Article, relating to the grievance or complaint. Grievances should be investigated between events when at all possible, or on paid break time. Stewards will endeavor to make every effort to keep to a minimum the actual time spent investigating, adjusting and disposing of grievances.

Section 5.3 Union Bulletin Boards. The Union may place bulletin boards at locations mutually agreed upon. Their use will be restricted to those notices or other matters which are normal Union activities including but not limited to Union recreational and social affairs, election notices, appointments, meeting and other matters.

ARTICLE 6

GRIEVANCE PROCEDURE

Section 6.1 For the purpose of this Agreement, a grievance is defined as any complaint or dispute arising out of the interpretation or application of a specific Article and Section of this Agreement during the term of this Agreement or extensions thereof as to events or incidents arising only at the worksite identified in Article 1 above. No grievance as defined above shall be considered under the grievance procedure unless it is presented as provided below. The written grievance shall include the following information:

1. Name(s) of the employee(s) involved

2. Date of alleged grievance

3. Date of first discussion of the grievance with the supervisor or Program

Manager/Deputy Program Manager

4. Nature of the grievance

5. Current Date

6. Article/Section of Agreement violated

7. Requested remedy

Section 6.2 A grievance may be filed by an employee, the Union, or the Employer. If the

Union files the grievance, the adversely affected employee(s) shall be identified.

Section 6.3 Nothing in this Agreement shall prevent an employee from resolving any problem consistent with this Agreement with or without the presence of a Union representative.

Section 6.4 Grievances shall be processed in accordance with the following grievance procedure except that no grievance shall be considered which has not been presented at and in accordance with Step One of this Grievance Procedure within ten (10) days after the occurrence of the facts or circumstances constituting the grievance arose, or when the Union, the employee or the Employer first became aware, or should have become aware, of the circumstances giving rise to the grievance. Notwithstanding the foregoing, employees shall have six (6) months from the date after the occurrence of the facts and circumstances constituting a grievance over payroll mistakes, other cash payments, vacation, holidays, and sick leave entitlement to file a grievance over these economic items.

(a) Step One: Any employee covered by this Agreement and the appropriate

Union Steward shall present his or her grievance to the employee’s Program Manager or his designee. To be timely and properly filed, a grievance must be presented in writing to the Program Manager or his designee within ten (10) days after the occurrence of the facts or circumstances constituting the grievance arose. The grievance document shall clearly indicate that the matter is a grievance and shall identify the specific Article(s) and Section(s) of the Agreement at issue, and shall be on the grievance form mutually agreed upon by the parties. The Program Manager or his designee will hold a meeting with the shop steward, who may include the affected employee, within ten (10) days after receiving the grievance. The Program Manager or his designee shall give a written response to the Steward within ten (10) days after the meeting is held.

(b) Step Two: If the grievance is not resolved at Step One, the grievance shall be forwarded by the Steward to the Program Manager or his designee with a copy to the Business Representative within ten (10) days of receipt of the Step One response.

Within ten (10) days of receipt of the Step Two grievance, the Program Manager or his designee may conduct a meeting with the shop steward, who may include the affected employee. Within ten (10) days after the meeting is held, or if no meeting is held then within ten (10) days after the Program Manager’s receipt of the Step Two grievance, the

Employer shall notify the Business Representative of its decision in writing.

(c) Step Three: If the grievance is not resolved at Step Two, the grievance shall be presented by the Business Representative to the Director of Human Resources within ten (10) days after the Employer’s Step Two representative has responded to the grievance. Within ten (10) days of the filing of the grievance with the Director of Human

Resources, the Director of Human Resources may conduct a meeting which shall be attended by the Business Representative, the Steward, and the affected employee.

Within ten (10) days after the meeting is held or after the Step Three grievance was received if no meeting is held, the Employer shall notify the Business Representative of its decision in writing.

(d) Step Four: If agreement is not reached at Step Three with the Director of

Human Resources, the Senior Counsel or his designee shall consider the grievance on presentation by the employee-grievant and the Union representative or the Union representative in the manner and time requirements set forth in Step Three.

(e) Step Five: If agreement is not reached at the Senior Counsel level, the Union or the Employer wishing to take the grievance to arbitration shall request mediation in writing from the appropriate office of the Federal Mediation and Conciliation Service

(FMCS) within ten (10) days of the Corporate representative or designee’s decision.

Mediation under this Article is required before arbitration. The request for mediation must be served in writing by the party requesting it simultaneously on the FMCS and the other party within this time period as a condition for further processing the grievance, up to and including arbitration. The mediation must be scheduled at a time and location mutually agreeable to the parties. The grievant will be compensated for any lost work time by the Employer for any mediation which occurs during the grievant’s scheduled working hours. Grievants working the second and third shifts will be similarly compensated by reduced or eliminated shifts, with pay. If the Shop Steward’s presence is requested by the Union, such request for time off without pay to attend the mediation will not be unreasonably denied.

(f) Step Six: If settlement is not reached at mediation, the Union or the Employer shall, if at all, within ten (10) days after conclusion of the mediation, forward the grievance for binding arbitration with and pursuant to the rules of the FMCS with a copy of such demand to the other party. The jurisdiction of the arbitrator shall not exceed those subjects and remedies identified herein at Article 6 in the Step Three grievance document.

Section 6.5 If the Employer raises an issue of procedural arbitrability at any time, a separate hearing shall be scheduled for the Arbitrator to consider that issue only, unless otherwise mutually agreed in writing. Two hearing dates will be scheduled unless otherwise mutually agreed in writing by the parties. The hearing on arbitrability shall be conducted according to the FMCS rules on expedited arbitration. If the arbitrator determines that the grievance is not arbitrable, the grievance shall be denied and it shall not be processed any further, nor shall any cancellation fees be incurred by either party.

If the Arbitrator determines that the grievance is arbitrable, a hearing shall be held for the Arbitrator to consider the merits of the grievance. If the Employer raises an issue of substantive arbitrability, processing of the grievance shall be stayed unless and until a court determines that the grievance is arbitrable.

Section 6.6 Arbitration.

(a) The Arbitrator shall not have the power to add to, subtract from, or modify any of the terms of this Agreement. The Arbitrator shall have the authority only to decide disputes concerning the interpretation or application of the specific Section(s) and

Article(s) of the Agreement listed in the Step Three grievance document to the facts of the particular grievance presented to him or her and shall be without authority to decide matters specifically excluded or not included in this Agreement. The Arbitrator shall have no power to engage in any form of interest arbitration. The Arbitrator may not issue any award which provides any monetary remedy that includes any time before ten

(10) days before the grievance was filed, except in the case of grievances that may be filed within six (6) months as set forth in Section 6.4.

(b) Should the Union desire to call employees as witnesses at any arbitration hearing, the Union will be responsible for any lost pay incurred by the employee. The

Employer may stagger the release of employees so as to not interfere with operations.

(c) No steward or grievant will be paid for time spent preparing for or attending any arbitration hearing. The Steward and employee will be granted time off without pay to attend such a hearing with as much advance notice of the meeting or hearing as is possible.

(d) The award of the Arbitrator shall be final and binding upon the parties to the extent provided by law.

(e) The Arbitrator’s decision and award shall be issued to the parties within thirty

(30) days of the close of the arbitration hearing.

(f) The cost of the arbitration, which shall include the fees and expenses of the

Arbitrator, shall be equally split between the parties. No party shall pay any fees owed to the other party’s own representatives and/or wages to the other party’s witnesses for time lost. Notwithstanding the foregoing, each party shall be responsible for its own attorneys’ fees or other litigation expenses.

(g) Grievances of the same nature involving multiple employees may be consolidated and considered as one grievance. Conversely, in the absence of mutual consent of the parties, an Arbitrator may not be presented with or rule upon more than one grievance.

(h) It is the desire of the parties to settle grievances at the lowest possible level.

Therefore, all steps shall be required before a grievance can proceed to arbitration unless the Parties agree otherwise in writing.

Section 6.7 Failure of an employee or the Union to meet any deadline at any step of this grievance procedure shall constitute a waiver of the grievance and no further action may be taken on it. Time is of the essence, but any time limits in this Article can be waived only by the written mutual agreement of the parties. Failure of the Employer to meet any deadline at any step of this grievance procedure shall result in the grievance being sustained.

Section 6.8 A grievance initiated by the Employer shall initially be discussed with the designated Business Representative and may thereafter be submitted to mediation in the manner set forth in Step Five by the Employer within ten (10) days. Any demand for arbitration shall comply with the requirements set forth above in Step Six, be in writing, and a copy sent to the Union Business Representative.

Section 6.9 A waiver of the time limitations by either the Employer or the Union in one or more instances shall not be considered by an arbitrator in determining arbitrability when raised by the Employer.

Section 6.10 For purposes of computing time under any of the provisions of this Article, “days” shall mean working days, excluding weekend days and holidays.

ARTICLE 7

MISCELLANEOUS

Section 7.1 Equal Application of Agreement. The Employer and the Union agree that the provisions of this Agreement shall apply to all employees covered by it without discrimination, and in carrying out their respective obligations under this Agreement neither will discriminate against any employee because of race, marital status, handicap, ancestry, color, age, religion, sex, sexual orientation, gender identity, or national origin, or against any qualified employee because of disability, or Union membership status or prior U.S. Military service. Also, any reference to the male gender in this Agreement shall be interpreted as including the female gender.

Section 7.2 Partial Invalidity of Agreement. In the event that any of the provisions of this

Agreement shall be or become legally invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the provisions hereof. In the event of such invalidation or unenforceability, the parties shall meet at a mutually agreeable time within thirty (30) calendar days to negotiate substitute provision(s) for such provision(s) rendered or declared invalid or unenforceable. Such negotiations shall be restricted and limited to determining substitute provision(s) for the same subject.

Section 7.3 Application. This Agreement shall be binding upon the Union, and the

Employer, its successors and/or assigns of the Employer.

Section 7.4 Applicable Employer Policies. Items not specifically covered by this

Agreement and governed by Employer policy which are applicable to employees within the bargaining unit will be made available to the Union.

Section 7.5 Technological Change. When technology changes take place that requires additional knowledge and/or skills, the Employer will provide the training as approved by the Government and employees will be selected for training in accordance with Section

8.4 of this Agreement. When technology changes to existing platforms (such as introduction of new equipment/avionics/software/etc.) require additional knowledge and/or skills, the Employer will provide the training as approved by the Government. If the technology change to a platform requires only a portion of the employees who are qualified and certified as per Government requirements on that platform to be trained, then the portion of employees to be trained will be accomplished in accordance with

Section 8.4 and Section 8.5 of this Agreement.

Section 7.6 Regular Part-Time (RPT). An RPT is an employee who may be called in to augment the full-time work force. RPT employees may also be scheduled for events as required to maintain currency in accordance with Government directives. An advancement from RPT to RFT will be communicated to the Union. RPTs may be recruited from the current workforce or externally.

RPT employees are compensated for each hour worked at the wage rate specified in the applicable table in Article 10.

The Employer and the Union agree to use RPTs to supplement the regular CI workforce.

(a) The total number of RPTs CIs used at NAS Whiting Field can never exceed the ratio of RFT to RPT bargaining unit employees of three (3.0) to one (1.0).

(b) RPTs will be recruited from volunteers in the current CI workforce, or volunteers from CI’s on a layoff status prior to hiring new hires into a RPT status.

(c) RPT CIs are members of the bargaining unit, afforded all applicable

Collective Bargaining Agreement rights, and will be governed by the current Collective

Bargaining Agreement.

(d) RPT CIs will be paid at the regular CI rate of pay provided by the Collective

Bargaining Agreement and will additionally receive the Health & Welfare rate for each hour worked (maximum of 40 hours per week).

(e) RPT CIs in a layoff status will be afforded the opportunity to return to RFT

CI status based on seniority in accordance with Article 8 of the Collective Bargaining

Agreement. If no CI’s are in a layoff status, then RPT CI’s desiring to be advanced into

RFT status will be afforded the first right of refusal based on his/her seniority.

(f) If a regular full-time CI volunteers for RPT CI status, he will be given the opportunity to displace a junior RPT CI, if the maximum level is to be exceeded by site.

A RFT CI who volunteers for RPT CI status will not be able to advance to RFT position for a period of 12 months, unless offered by the Company. A RFT CI who volunteers for

RPT CI status will not have the ability to subsequently displace a RFT CI.

(g) RPT employees shall receive payment for holidays and vacation on a pro-rata basis based on actual hours worked. Pro-rata holiday and vacation pay, per Article

13, will be calculated and paid on an employee anniversary year basis.

(h) RPT CI’s will be afforded Sick Leave on a prorated basis for each hour worked.

(i) RPT CI seniority: RPT CI’s shall not have the right to affect, due to seniority or status as an RPT employee, full-time CI’s for any purpose while in a RPT status.

Their seniority is only applicable to the RPT CI employee list.

(j) RPT CI’s shall notify management of their days of availability for the upcoming week by emailing or completing a form that is submitted in the Deputy

Program Manager/Program Manager’s office by 1600 Thursday or a mutually agreed day of the preceding week.

(k) RPT CI’s shall provide RPT available days in the amount of at least ten (10) days per calendar month. For calendar months containing two (2) of the ten (10) federal holidays listed in Article 12, the required number of available days shall be nine (9). Any

RPT CI who has not provided availability of at least ten (10) / nine (9) days per month for two (2) consecutive months may have his status discontinued as a voluntary termination, in the Employer’s sole discretion. Contingencies such as paid sick leave, bereavement, jury duty, etc. shall be taken into consideration by management for not meeting availability requirements. On a case by case basis, RPT CI’s may voluntarily make themselves available on a day that they previously stated that they are not available.

(l) In exchange for RPT providing a monthly guarantee of available days, the

Employer will reciprocate by providing a twelve (12) month pay guarantee of 600 hours.

The first twelve-month period will commence on July 1, 2018 and end on June 30, 2019.

This twelve-month review period will then repeat itself each July 1st thereafter. At the completion of each twelve-month cycle, any RPT that was paid less than 600 hours for that twelve-month period will be paid the difference between 600 hours and actual hours paid. The twelve-month Employer guarantee shall be reduced by 50 hours for any/all months in which the RPT does not provide at least ten (10) / nine (9) days of availability as per Section (k) of this Article.

The following categories of employees shall have their part-time pay guarantee prorated at the rate of 50 hours times the number of complete months the employee was an active RPT: RPTs hired after August 1st of a review cycle, RFT employees changing status to RPT inside a review cycle, or employees leaving RPT status (including layoffs) prior to the end of the review cycle.

(m) New-hire RPTs, or RFT employees transferring to RPT after the first working day of the calendar month, shall have their required days of availability for that calendar month adjusted on a pro-rated basis.

Section 7.7 Instructional Policies. To the extent that the Employer has or implements instructional policies, it will make the bargaining unit aware of them.

Section 7.8 Safety. The Employer and the Union recognize the importance of safety in the workplace. The Employer agrees to request from the Customer any repairs or changes to the workplace if it is not in compliance with applicable safety standards. The

Employer will provide to bargaining unit employees such personal protection equipment that the Employer requires to be worn.

ARTICLE 8

SENIORITY

Section 8.1 Probationary Employee. A Probationary employee is defined as a new employee during the first one hundred and eighty (180) calendar days of employment.

Employment of probationary employees is at the sole and absolute discretion of the

Employer. An employee terminated for any reason during the probationary period has no seniority, recall, or reinstatement rights. The Employer may discipline, terminate, or transfer probationary employees at the Employer’s discretion and such actions are not subject to the Grievance Procedure. Probationary employees who reach a minimum of two certifications will no longer be considered a probationary employee after ninety (90) days.

Section 8.2 Application of Seniority. For the purpose of operating under this Agreement, employees shall be entitled to seniority in accordance with their date of hire with a predecessor contractor, the present contractor, or a successor contractor, and shall only include the whole span of continuous service at NAS Whiting Field, herein called seniority date.

The most senior employee shall be listed at the top of the Seniority List and the least senior employee shall be listed at the bottom of the Seniority List. All other employees shall be listed on the Seniority List in descending order based upon their seniority date at NAS Whiting Field. Employees hired subsequent to this agreement shall be assigned a seniority date based on date of hire, or if hired on the same date, the employee with the lower employee number shall have greater seniority. This seniority date shall be used to establish first right of refusal in the determination of layoff/recall and vacation entitlement.

Section 8.3 Layoff and Recall Procedures. Employees will be laid off due to lack of work and recalled based on seniority as set forth in Section 8.2. Employees will be allowed to volunteer for layoff, beginning with the most senior employee on the seniority list and working down. Employees who volunteer for layoff and receive severance shall lose seniority under this Agreement. If the number of layoffs exceeds the number of volunteers, probationary employees shall be laid off first, and then non-probationary employees will be laid off beginning at the bottom of the seniority list and progressing

up. Employees in the work force who have established seniority and are laid off through no fault of their own or have volunteered for layoff without receiving severance, shall, if work is available, be recalled to work within an eighteen (18) month period. If recalled, he/she shall be placed on the seniority list based on his/her original seniority date, if not laid off for more than eighteen (18) months.

Layoff is defined as the involuntary movement, for reasons other than termination of an employee, out of an RFT position or RPT position. RFT employees involuntarily laid off, or accepting voluntary layoff, shall be allowed to move into RPT status based on their seniority, and shall be allowed to displace a more junior RPT CI if the maximum level is to be exceeded at the site.

As of July 1, 2018, any currently active employee on the predecessor Contract not hired by the Company will retain their seniority date and shall be entitled to first right of refusal to future recall for eighteen (18) months.

Section 8.4 Additional Training. The opportunity for any additional training/qualifications will be afforded to the most senior employee possessing the objective qualifications

(i.e., certification for Academic Instructor Training Course), for the position. When objective requirements are mandated by the Customer, the Employer shall provide the

Union with the Customer’s written documentation of those requirements.

Section 8.5 Posting of Jobs. New job classifications and any job vacancies shall be posted for at least five (5) working days before the Employer may select employees, in accordance with seniority, to fill the new/vacant positions. The Chief Steward shall receive notification of all job postings no later than the day on which the jobs are posted.

Section 8.6 Loss of Seniority Rights. Seniority rights shall be forfeited and the employee shall be deleted from the seniority lists when an employee:

1. Resigns.

2. Is discharged for just cause.

3. Is laid off in excess of eighteen (18) months due to lack of work, or has voluntarily accepted layoff and receives severance pay.

4. Takes a leave of absence in excess of one hundred and eighty (180) calendar days.

5. If he fails to return to work within ten (10) days of a recall notice, unless a reason satisfactory to the Employer is provided.

6. If he accepts other employment while on an approved leave of absence without written prior permission from the Employer.

Section 8.7 Recall Notice. An employee shall be recalled by certified mail, return receipt requested, mailed to the employee's last known address of record. The postmark on the return receipt requested shall be the date of notification of recall. A laid off employee shall promptly notify the Employer of any change of address.

Section 8.8 Military Duty Seniority. Any employee who entered active service in the

United States Armed Forces prior to the effective date of this Agreement shall be entitled to reinstatement to employment and shall have all seniority and benefits restored in accordance with applicable state and federal laws.

Any employee who enters active service in the United States Armed Forces after the effective date of this Agreement shall be entitled to reinstatement to employment and shall have all seniority and benefits restored upon return to work.

This provision shall bind and obligate any successors to the Employer; but in the event the Employer ceases to perform the work for which the employees are employed, the

Employer shall be released from any and all obligations under this Section.

Section 8.9 Union Business Seniority. The Employer shall allow leaves of absence for up to two (2) weeks, without pay or benefits, for Union Officials, which includes retention of seniority in conformance with applicable law governing the seniority status of Union officials. Any Union request defining the term of office will be reviewed by the Employer in conjunction with this section. Employer consideration will include requests for short-term leaves of absence for Union conventions, meetings, etc. schedule permitting without loss of seniority.

Section 8.10 Seniority List. The Seniority List for NAS Whiting Field, including employment status shall be maintained by the Employer, and shall be updated and provided to the Union upon request. The Employer and the Union Representative will certify the accuracy of the Seniority List for NAS Whiting Field. The Seniority List for

NAS Whiting Field is based on seniority date and the current list will be provided to the

Chief Steward upon request. For ease of use by the Parties, the Seniority List may be published in two segments, one listing Regular Full Time employees and the other listing Regular Part Time employees.

ARTICLE 9

DISCIPLINE AND DISCHARGE

Section 9.1 The Employer may discipline and discharge non-probationary employees for just cause. Just cause for discipline or discharge shall include, but not be limited to, all of the offenses listed in the Employer’s reasonable Work Rules. Just cause for immediate discharge includes serious conduct including, but not limited to, conduct akin to fighting, stealing, mischarging, or intentional damage of company or government property.

Section 9.2 The Employer shall notify the Shop Steward about the discharge or suspension of any bargaining unit employee prior to presenting the discipline to the employee.

Section 9.3 Employee discipline prior to termination generally will be in the form of an oral warning, a written warning, and a suspension. However, depending on the nature of the incident, nothing herein shall be construed as requiring the Employer to utilize all or any steps of progressive discipline in any given situation.

ARTICLE 10

COMPENSATION

Section 10.1 Wages.

(a) The current basic hourly rate will remain in effect until November 10, 2018.

All changes to wage rate rates will begin with the new pay period in the month and year indicated:

Current Hourly Wage

Hourly Rate Effective Nov. 2018

Hourly Rate Effective Nov. 2019

Hourly Rate Effective Nov. 2020

$53.88 $57.50 $60.39 $62.81

The Employer shall have the right, in its sole discretion, to give bonuses and relocation benefits.

Section 10.2 Shift Lead Premium. Shift Leads designated by the Employer shall be compensated at one dollar and seventy-five cents ($1.75) per hour in addition to their normal straight time hourly rate for every hour worked. Any employee assigned by the

PM/DPM as an Alternate Shift Lead, who fulfills the shift lead responsibilities on a temporary basis shall also receive the shift lead compensation for the hours worked as

Shift Lead for the shift(s) assigned.

Section 10.3 SME Coordinator Premium. SME Coordinators designated by the

Employer shall be compensated at two dollars and seventy-five cents ($2.75) per hour in addition to their normal straight time hourly rate for every hour worked. Any employee assigned by the PM/DPM, who fulfills the SME Coordinator responsibilities on a temporary basis shall also receive the SME Coordinator compensation for the hours worked as SME for the shift(s) assigned.

Section 10.4 Stan Check Premium Pay. Any employee certified and assigned by the

Employer to conduct a Standardization Check (Stan Check) shall be compensated at one dollar and seventy-five cents ($1.75) per hour in addition to their normal straight time hourly rate for every hour a standardization check is being conducted. If the

Standardization Check is being performed by the Shift Lead, the Shift Lead will be paid an additional one dollar and seventy-five cents ($1.75) in addition to Shift Lead premium pay.

Section 10.5 Wage Payment Basis. Employee time records shall accurately reflect the amount of hours worked each day. Employees shall be paid for time worked computed to the nearest one-tenth (0.1) hour.

ARTICLE 11

WORKWEEK, HOURS OF WORK, SHIFTS

Section 11.1 Pay Week & Payroll Period. The normal payroll week is the period from

Sunday at 12:01 am through the following Saturday at 12:00 am. The normal workweek is designated as starting on Sunday and terminating on Saturday. The bi-weekly payroll period is a fourteen-day period commencing on Sunday at 12:01 am through the second

Saturday at 12:00 am.

Section 11.2 The “Regular Workweek” for each RFT employee shall be a minimum of forty (40.0) hours per week beginning with the employee’s start time on Monday and consisting of five (5) consecutive days, Monday through Friday, fifty-two (52) weeks per year.

(a) Regular Workday. The employee’s regular assigned workday shall consist of no more than ten (10) consecutive hours in the twenty-four (24) consecutive hour period following his scheduled starting time on Monday. The employee shall be paid for all time from the beginning of his first event through the end of his last event except as specified in split shifts below.

(b) Split Shifts. A split shift is defined as a published and scheduled break between an employee's last event and the beginning of his next event of two (2) hours or greater. Split shifts shall be assigned on a voluntary basis only. Split shifts will encompass at least two (2) events, but not more than four (4) events on the flight schedule. An employee shall not be assigned more than one (1) split period on a flight schedule. Any split type break in an employee's shift assigned after the flight schedule has been published will be subject to the call-in/call-back premium as specified in

Section 11.4.

(1) Split shifts with 1.3 flight hour events - A split shift with two (2) total events will pay five (5) hours plus two (2) additional hours for a total of seven (7) hours. A split shift with three (3) total events will pay seven point seven (7.7) hours plus two (2) additional hours for a total of nine point seven (9.7) hours. A split shift with four (4) total events will pay ten point two (10.2) hours plus two (2) additional hours for a total of twelve point two (12.2) hours.

(2) Split shifts with 1.5 flight hour events - A split shift with two (2) total events will pay five (5) hours plus two (2) additional hours for a total of seven (7) hours. A split shift with three (3) total events will pay eight (8.0) hours plus two (2) additional hours for a total of ten (10.0) hours. A split shift with four (4) total events will pay eleven (11.0) hours plus two (2) additional hours for a total of thirteen (13.0) hours.

(c) Stretch Event. A stretch is defined as a break in the normal schedule of less than one full event. The employee will remain on the clock during the entire break.

Section 11.3 Overtime Premium. Employees will be paid overtime at one and one-half times their regular hourly rate after forty (40) hours are worked in a week or ten (10) hours in a regular workday. “Hours worked” for purposes of computing overtime shall include actual hours worked and paid holiday time only. Employees will be paid one and one-half times their regular hourly rate for all hours worked on a Saturday/Sunday.

Holidays in a work week will be counted as eight (8) hours worked. Employees scheduled and working on a holiday will be paid one and one-half times their regular hourly rate of pay for not less than eight (8) hours for any time worked plus an additional eight (8) hours holiday pay. If mandatory overtime is required by the Government, the seniority rules from Article 8 shall apply. There shall be no pyramiding or duplication of overtime and/or other premium payments.

Section 11.4 Call-in/Call-Back Premium. Except in the case of a scheduled split shift, an employee will be paid a minimum of five (5) hours pay for the period for which the employee is being called-in to work prior to the published scheduled start time, called back to work after completing the normal scheduled day, or called-in on a scheduled day off.

Section 11.5 Work Shifts. All employees must comply with daily work schedules and/or any subsequent changes to these schedules. Instructors will be notified by the

Employer of their daily starting and quitting times. Once the schedule has been published, if a change to the schedule results in a reduction in an employee’s scheduled hours of work, the employee will be paid for the originally scheduled hours of work. If the change to the schedule results in an increase in employee’s scheduled hours of work, the employee will be paid for the increased scheduled hours of work as delineated in Section 11.4. If an employee’s schedule is shifted by mutual agreement, they will be paid only for hours worked.

RPT employees shall not be paid less than four (4) hours per shift.

(a) Shift Selection. A RFT CI, based on seniority, may express semi-annually their preference for a specific shift (e.g. 0530, 0650, 1330, and 1450). Each RFT CI will be assigned to a specific shift based on preference and seniority for the length of the semi-annual bid award. In a case when a RFT needs to be scheduled on a shift other than their regular specific shift, the Employer shall first request volunteers; lacking sufficient volunteers the Employer shall schedule a RFT CI in reverse seniority order, in accordance with Article 8, Section 8.2.

On days when a RFT CI is scheduled to instruct ground school or staff the ICW classroom, the Employer shall keep his/her schedule as close to that CI’s preferred shift as possible.

(b) An RPT CI may semi-annually express his/her preference for a morning or afternoon start period. Once RFT employees have been scheduled IAW sections 11.5

(a), the Employer will schedule RPTs according to their preferred period, based on seniority.

(c) Scheduling Limits. No CI shall perform more than four events in one workday.

Section 11.6 Recovery Period. The Employer shall provide at least ten (10) hours between the end of an employee’s last event worked each night, and the start of the next day’s first scheduled event. Employees shall be provided one (1) complete calendar day off after six (6) consecutive days of work. Employees may voluntarily waive the Recovery Period by a request to the PM/DPM.

Section 11.7 Compliance with Employer Policies. Any employee not complying with normal starting, quitting times or training events, as established by the Employer or

Customer, shall be subject to discipline,…