Attachment 6(e) Sample WD CBA 2019 12881.pdf
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About this file
This document is a collective bargaining agreement between Fidelity Technologies Corporation and the International Association of Machinists and Aerospace Workers AFL-CIO. It covers employees performing maintenance on flight simulators located at NAS Whiting Field in Milton, Florida and NAS Pensacola in Pensacola, Florida. The agreement is effective from July 2018 through July 2021 and covers wages, benefits, hours of work, overtime, holidays, vacations, leaves of absence, seniority, union representation, grievances, and other terms of employment. Key provisions include wage increases of 2-4% annually, health insurance benefits valued at $6.05-$7.20 per hour worked, and pension contributions of $2.25-$2.40 per hour.
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10/17/2019 beta.SAM.gov https://beta.sam.gov/wage-determination/cba/agreement/66122/document 1/1
REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210
| Wage Determination No.: CBA-2019-12881
Diane Koplewski Division of | Revision No.: 0
Director Wage Determinations| Date Of Last Revision: 10/17/2019
State: Florida
Area: Santa Rosa
Employed on NAWC TRAINING SYSTEMS DIV contract for Department of Defense contract for Aircrew Training Services for the TH-
57 B/C community located at Naval Air Station Whiting Field, Florida and NAS Pensacola, Pensacola, Florida, in the federal jo classification of Electronics Technician Maintenance levels one (23181), two (23182), and three (23183) and any other further new job classifications identified..
Collective Bargaining Agreement between contractor: FIDELITY TECHNOLOGIES CORPORATION, and union: INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO, and its DISTRICT LODGE 75 and LOCAL LODGE NO.
2902 Local 2902, effective 07/27/2018 through 07/25/2021.
In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the
Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).
AGREEMENT
BETWEEN THE
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
AFL-CIO, and its DISTRICT LODGE 75 and
LOCAL LODGE NO. 2902
AND
FIDELITY TECHNOLOGIES CORPORATION
EFFECTIVE JULY 27, 2018 THRU JULY 25, 2021
i
TABLE OF CONTENTS
AGREEMENT
ARTICLE 1 RECOGNITION
SECTION 1.1 BARGAINING UNIT
ARTICLE 2 AGENCY SHOP
SECTION 2.1 AGENCY SHOP
ARTICLE 3 NON BARGAINING UNIT EMPLOYEES
SECTION 3.1 NON BARGAINING UNIT EMPLOYEES
ARTICLE 4 MANAGEMENT RIGHTS
SECTION 4.1 EXERCISE JUDGMENT
SECTION 4.2 DECISIONS VESTED IN COMPANY
SECTION 4.3 RULES AND REGULATIONS
SECTION 4.4 NO DISCRIMINATION
SECTION 4.5 OPERATIONS
ARTICLE 5 STRIKES AND LOCKOUTS
SECTION 5.1 NO STRIKES OR LOCKOUTS
ARTICLE 6 GENERAL
SECTION 6.1 SAFE CONDITIONS
SECTION 6.2 SAFETY EQUIPMENT
SECTION 6.3 PROTECTIVE CLOTHING
SECTION 6.4 SMOKING AREAS
SECTION 6.5 BREAK AREAS
SECTION 6.6 EMPLOYEE PHYSICAL
SECTION 6.7 INJURY ON THE JOB
SECTION 6.8 AMERICANS WITH DISABILITY ACT
SECTION 6.9 EMPLOYEE PERSONAL TOOLS
SECTION 6.10 SECURITY CLEARANCES AND N.A.C.’S
SECTION 6.11 MODIFICATION OF AGREEMENT
SECTION 6.12 UNIFORMS
SECTION 6.13 RIGHT OF FIRST REFUSAL
ARTICLE 7 NEW JOB CLASSIFICATIONS
SECTION 7.1 NEW JOB CLASSIFICATIONS
SECTION 7.2 UNION MAY FILE POLICY GRIEVANCE
SECTION 7.3 JURISDICTION OF ARBITRATOR
SECTION 7.4 NEW JOB CLASSIFICATIONS TO BE POSTED
ARTICLE 8 SUBSTANCE ABUSE POLICY
ii
SECTION 8.1 GOALS
ARTICLE 9 JOB DESCRIPTIONS
SECTION 9.1 TECHNICAL LEVELS DEFINED
SECTION 9.2 JOB DESCRIPTIONS DEFINED
SECTION 9.3 PROMOTIONS
ARTICLE 10 PAY DETERMINATION
SECTION 10.1 BASE RATE
SECTION 10.2 REGULAR RATE
SECTION 10.3 OVERTIME PREMIUM
SECTION 10.4 PAY SCHEDULE (BASIC HOURLY RATE)
SECTION 10.5 EFFECTIVE DATE OF CHANGES
SECTION 10.6 RECEIPT OF PAY
SECTION 10.7 SEPARATION PAY
SECTION 10.8 CALL BACK PAY
SECTION 10.9 CALL IN PAY
SECTION 10.10 REPORTING PAY
SECTION 10.11 HOLIDAY PAY
SECTION 10.12 VACATION PAY
SECTION 10.13 SICK/PERSONAL PAY
SECTION 10.14 COUNTED AS TIME WORKED
SECTION 10.15 A+/COMP TIA CERTIFICATIONS
ARTICLE 11 HOURS OF WORK
SECTION 11.1 CALENDAR DAY
SECTION 11.2 WORKDAY \ WORKWEEK
SECTION 11.3 WORK SHIFTS
SECTION 11.4 REST PERIODS
SECTION 11.5 LUNCH PERIODS
ARTICLE 12 OVERTIME
SECTION 12.1 OVERTIME DEFINED
SECTION 12.2 OVERTIME ELIGIBILITY
SECTION 12.3 CHARGING OVERTIME
SECTION 12.4 SCHEDULED OVERTIME
SECTION 12.5 OVERTIME RECORDS
SECTION 12.6 OVERTIME OPTIONS
ARTICLE 13 HOLIDAYS
SECTION 13.1 RECOGNIZED HOLIDAYS
SECTION 13.2 HOLIDAY OBSERVANCE
SECTION 13.3 WORK IF SCHEDULED
SECTION 13.4 COMPANY DETERMINES IF THERE IS WORK
SECTION 13.5 HOLIDAYS DURING VACATION
SECTION 13.6 COUNTED AS TIME WORKED
iii
ARTICLE 14 VACATION
SECTION 14.1 YEARLY BASIS
SECTION 14.2 VACATION CREDITS
SECTION 14.3 VACATION INCREMENTS
SECTION 14.4 VACATION REQUESTS
SECTION 14.5 CANCELED VACATION
SECTION 14.6 VACATION PAY ON TERMINATION
SECTION 14.7 CREDIT IN YEAR OF TERMINATION
SECTION 14.8 VACATION ACCRUAL RATES
SECTION 14.9 VACATION SCHEDULES
SECTION 14.10 LESS THAN ONE DAY OF VACATION
SECTION 14.11 PRIOR SERVICE CREDIT
SECTION 14.12 COUNTED AS TIME WORKED
ARTICLE 15 LEAVES OF ABSENCE
SECTION 15.1 UNPAID LEAVES OF ABSENCE
SECTION 15.2 PAID LEAVES OF ABSENCE
SECTION 15.3 FAMILY AND MEDICAL LEAVE
ARTICLE 16 BENEFITS
SECTION 16.1 BENEFIT RATE
SECTION 16.2 IAM NATIONAL 401(K) PLAN
SECTION 16.3 I.A.M. NATIONAL PENSION FUND
ARTICLE 17 UNION REPRESENTATION
SECTION 17.1 STEWARDS
SECTION 17.2 STEWARD TRANSFERS
SECTION 17.3 NOTIFICATION TO THE COMPANY
SECTION 17.4 STEWARDS MUST HAVE SENIORITY
SECTION 17.5 NO TRANSFER OF COMMITTEE PERSON
SECTION 17.6 FULL-TIME UNION REPRESENTATIVES
SECTION 17.7 SAFEGUARDING OF STEWARD MATERIALS
ARTICLE 18 SENIORITY
SECTION 18.1 SENIORITY DEFINED
SECTION 18.2 SENIORITY LISTS
SECTION 18.3 ACQUISITION OF SENIORITY
SECTION 18.4 BREAKING SENIORITY
SECTION 18.5 MILITARY DUTY SENIORITY
SECTION 18.6 LAYOFFS
SECTION 18.7 ORDER OF LAYOFF WILL BE AS FOLLOWS:
ARTICLE 19 UNION SECURITY AND RIGHTS OF EMPLOYEES
SECTION 19.1 CHECK OFF
SECTION 19.2 INDEMNIFICATION
SECTION 19.3 DUES DEDUCTIONS
iv
SECTION 19.4 INSUFFICIENT EARNINGS
SECTION 19.5 REMITTANCE OF DUES
SECTION 19.6 WHEN DUES ARE NOT DEDUCTED
SECTION 19.7 NO SOLICITATION
ARTICLE 20 GRIEVANCE PROCEDURE
SECTION 20.1 GRIEVANCE DEFINED
SECTION 20.2 STEP 1
SECTION 20.3 STEP 2
SECTION 20.4 STEP 3
SECTION 20.5 FORM OF GRIEVANCE
SECTION 20.6 EXTENSION OF TIME LIMITS
SECTION 20.7 GROUPING OF GRIEVANCES
SECTION 20.8 POLICY AND DISCHARGE GRIEVANCES
ARTICLE 21 ARBITRATION
SECTION 21.1 SELECTING THE ARBITRATOR
SECTION 21.2 SHARING THE COST OF ARBITRATION
SECTION 21.3 EXTENSION OF TIME LIMITS
SECTION 21.4 SUBMISSION OF CONTRACT ISSUES
SECTION 21.5 LIMITATION OF THE ARBITRATOR’S AUTHORITY
ARTICLE 22 TRAVEL AND TRANSPORTATION
SECTION 22.1 EMPLOYEE EXPENSES
SECTION 22.2 TRANSPORTATION POV
SECTION 22.3 TDY OUTSIDE OF USA
ARTICLE 23 NEW TECHNOLOGY
SECTION 23.1 COMPANY AND UNION GOALS
SECTION 23.2 TRAINING
ARTICLE 24 SEVERABILITY
SECTION 24.1 SEVERABILITY CLAUSE
ARTICLE 25 DURATION
ATTACHMENT 1
ATTACHMENT 2
AGREEMENT
I. DURATION AND PURPOSE OF THIS AGREEMENT
This Agreement shall become effective on July 27, 2018, and remain in effect until midnight of July 25, 2021, without reopening rights for any purpose by either party, except as contained in Article 6.11, and shall automatically renew itself from year to year thereafter unless written notice of desire to terminate the Agreement is given by either party at least sixty (60) days prior to the annual expiration date. If such written notice of desire to terminate is given, the parties may mutually agree in writing to an extension of this Agreement for a specified length of time beyond the annual expiration period.
Whenever the terms “Company” or “Employer” as used in the Agreement, such terms shall apply to the applicable signatory companies of Fidelity Technologies Corporation. The rights and obligations arising from the Agreement shall apply separately to each signatory company in that each signatory company is a separate, distinct, and non-affiliated company. Issues related to the Agreement shall be addressed and resolved between the Union and the particular signatory company involved in those issues.
This Agreement, dated July 27, 2018, by and between Fidelity Technologies Corporation (hereinafter called the “Company”), and the International Association of Machinists and Aerospace Workers, AFL-CIO, and it’s 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 of the Company, and
WHEREAS, the Union and the Company have negotiated a collective bargaining agreement covering wages, hours, benefits, 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:
II. EMPLOYEE DEFINED
The term “employee” or “employees” as used in this Agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article, Article 1, and this Agreement shall apply only to such employees. Any terms denoting the masculine gender used herein such as “he” or “she” shall refer both to male and female employees of the Company.
III. SUCCESSORS
This Agreement shall inure to the benefit of and shall be binding on the heirs, executors and administrators of the parties hereto. The provisions of this Agreement shall be binding on the Company by whatever name it may trade under, and all the terms and obligations herein shall not be affected or changed in any respect by such name change or changed in any respect by any change in the legal status or management of the Company.
ARTICLE 1 RECOGNITION
SECTION 1.1 BARGAINING UNIT
The Company recognizes the Union as the exclusive collective bargaining representative with the respect to the following bargaining unit:
For the purpose of collective bargaining all of the Company’s full-time and regular part-time simulator maintenance technicians employed at NAS Whiting Field, Milton, Florida and NAS Pensacola, Pensacola, Florida, in the federal job classification of Electronics Technician Maintenance levels one (23181), two (23182), and three (23183) and any other further new job classifications identified.
Specifically excluded from this Agreement are Company executives and supervisory employees having authority, in the interest of the Company, to hire, transfer, reward, or discipline other employees or effectively to recommend such action.
ARTICLE 2 AGENCY SHOP
SECTION 2.1 AGENCY SHOP
(a) No employee who is covered by this Agreement who works at NAS Pensacola shall be required to become a member of the Union, and each retains the right to join or to not join the Union. However, each employee covered by this Agreement who works at NAS Pensacola shall be required, as a condition of employment, beginning thirty-one (31) days after the completion of their probationary period, to become a member of the Union or to pay the Union a monthly service charge for the administration of this Agreement and bargaining and/or representation under the Grievance Procedure including Arbitration.
Such monthly service charge for nonmembers will be paid within the time constraints set forth herein for members. The Parties agree that no employee who works at NAS Pensacola shall be discriminated against because of non-membership or membership in the Union.
(b) In the event an employee, who works at NAS Pensacola, and who, as a condition of continued employment, is required to become a member of the Union, or to pay a monthly service charge, but in any such case does not do so, the Union will notify the Company in writing through the NAS Pensacola Site Manager of such employee's delinquency. The Company agrees to advise such employee that his employment status with the Company is in jeopardy and that failure to meet his obligation within thirty (30) calendar days of such notice will result in termination of employment.
(c) This Section shall not apply to employees who work at NAS Whiting Field. 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 3 NON BARGAINING UNIT EMPLOYEES
SECTION 3.1 NON BARGAINING UNIT EMPLOYEES
One (1) Company, non-bargaining unit, supervisory employee per site may perform maintenance actions normally performed by bargaining unit employees provided it does not cause a bargaining unit employee to be laid off or displaced.
The Company is required, by Government contract, to provide Backup Support if the Contractor’s on-site maintenance personnel are unable to correct maintenance problems within a twenty-four (24) hour period after occurrence. In the event that an emergency situation occurs and the Company is required to seek additional alternative maintenance support to provide the twenty-four (24) hour response time, the Company may hire personnel to correct only this situation and it is understood that this shall not cause a bargaining unit employee to be laid off or displaced.
ARTICLE 4 MANAGEMENT RIGHTS
SECTION 4.1 EXERCISE JUDGMENT
The Union recognizes that it is the function and right of the Company to exercise its own judgment and discretion, unless otherwise abridged by this Agreement, in the developing of processes which meet the standards of government requirements, customer acceptance, and to meet competitive conditions in the market, in order that its business, jobs and wages shall be protected.
SECTION 4.2 DECISIONS VESTED IN COMPANY
Except insofar as it is specifically abridged by express provisions of this Agreement, all management decisions, the management of the sites and the direction of the working forces are vested in the Company. This includes, but is not limited to, the right to hire, assign, transfer, promote, suspend for just cause, discipline for just cause, or discharge for just cause, the making or implementation of rules and regulations not in conflict with this Agreement or government rules and regulations, and to maintain discipline and efficiency of employees, provided that this shall not be used for the purpose of discrimination.
SECTION 4.3 RULES AND REGULATIONS
The Company shall enforce rules and regulations fairly and equitably. The Union and employees shall be notified in writing seven (7) days prior to the implementation of new Company rules and regulations or changes in existing rules and regulations. The Union shall have the right to protest through the grievance procedure the extent of any penalty levied against any employee for any alleged violation of such rules and regulations.
SECTION 4.4 NO DISCRIMINATION
There shall be no discrimination in regards to tenure, terms or conditions of employment because of race, creed, color, sex, marital status, age, religion, national origin, ancestry, military veteran status or disability.
SECTION 4.5 OPERATIONS
The Company shall be the judge of all matters pertaining to the location of operations, production and work schedules, and the methods processes and means of servicing and materials to be used.
The Company shall notify the Union thirty (30) days prior to any changes taking place in the location of its operations. This notice will be waived by the Union if relocation is required to be completed sooner by the customer. The Company will provide documentation from the Customer within seventy-two (72) hours of receipt of such a request, in the event a waiver of this clause is requested.
ARTICLE 5 STRIKES AND LOCKOUTS
SECTION 5.1 NO STRIKES OR LOCKOUTS
It is the intent of the parties, in the interest of attaining peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union, the Company, and the employees shall resort to secure redress for grievances arising from this Agreement.
The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in any sit-down, stay-in, or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.
Should a strike by employees of the Company occur during the term of this Agreement, the Union shall be obligated to do the following things:
(a) Advise the Company in writing that the strike has not been called or sanctioned by the Union.
(b) Advise the workers that, in as much as no such strike has been called or sanctioned by the Union, they are engaged in an illegal strike and will instruct the workers to return to work immediately.
The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in any strike of the Company’s operations, or non-informational picketing of any Company’s plants or premises.
Any employee found guilty of violation this Article and disregarding the instructions given by the Union may be discharged or subject to other disciplinary action as the Company may consider appropriate subject to the grievance procedure.
The Company shall not authorize or direct a lockout for the duration this Agreement is in effect.
ARTICLE 6 GENERAL
SECTION 6.1 SAFE CONDITIONS
It is the desire of both parties to this Agreement to maintain high standards of safety in the Site operations in order to eliminate, as far as possible, industrial accidents and illnesses. It is the pledge of both the bargaining unit employees and the company to adhere to all safety regulations established by United States Occupational Safety and Health Administration (OSHA).
Furthermore, it will be the Company’s policy to educate all employees with Red Cross training for CPR and emergency response treatment for first aid and verify that all employees stay current in their training.
SECTION 6.2 SAFETY EQUIPMENT
The Company shall furnish safety and protective equipment to employees as required by industry standards established by the OSHA.
SECTION 6.3 PROTECTIVE CLOTHING
The Company shall furnish coveralls to employees who request them when performing work that involves exposure to paints, chemicals or inorganic sprays. Employees requesting coveralls or protective clothing must wear the clothing while performing the work for which the coveralls were requested. The Company shall provide for the cleaning and replacement of the coveralls if they are not disposable.
SECTION 6.4 SMOKING AREAS
The Company will inform employees of Navy designated smoking areas not in violation of insurance regulations.
SECTION 6.5 BREAK AREAS
The Company will inform employees of break areas designated by the Navy. The Company will request that the Navy provide inside break areas that are adequately heated and air-conditioned.
SECTION 6.6 EMPLOYEE PHYSICAL
Those employees required to take Company mandated physical examinations (other than physical clearance required to return to work) will be paid for the time required to take the physical at his straight time regular rate of pay and will receive transportation furnished by the Company or POV mileage. The Company shall pay for the cost of all physicals when any Company official orders or directs the employee to be physically examined by any agency or physician. The Company will make every reasonable effort to schedule physicals during normal working hours.
SECTION 6.7 INJURY ON THE JOB
An employee injured on the job, who is taken off the job on the day of the injury for treatment will receive pay for the remainder of his scheduled work day. The Company will furnish transportation without delay for an injured employee to receive medical attention from a local doctor approved by the Company. Treatment for worker’s compensation cases in a doctor’s office, clinic or hospital will be on Company time if a doctor’s certification is furnished to the Company by the employee specifying the treatment and appointment cannot be scheduled outside of the employee’s working hours. Transportation for subsequent treatments will be the employee’s responsibility.
SECTION 6.8 AMERICANS WITH DISABILITY ACT
The Company and the Union agree to make every reasonable accommodation, seniority permitting, for disabled employees including location transfer, changes in shift assignments and/or reclassification utilizing the displacement options.
SECTION 6.9 EMPLOYEE PERSONAL TOOLS
The Company will attempt to provide adequate storage areas to secure employee toolboxes.
SECTION 6.10 SECURITY CLEARANCES AND N.A.C.’S
As a need arises, the Company shall provide an opportunity for Security Clearances as necessary to meet contractual obligations.
(a) If it is required, by the government, that an employee will need access to government designated restricted areas, sensitive information, perform sensitive duties, work at a specific location, or work in support of a particular project, the employee shall apply and be processed for a National Agency Check (N.A.C.) in accordance with current government procedures.
(b) Employees who do not have a favorably adjudicated N.A.C. shall not be assigned to a project that requires an N.A.C. for access or performance until so cleared.
(c) If an employee is assigned to a work area in which the government requires a security clearance or N.A.C. and is denied the security clearance or N.A.C., whichever is appropriate, the employee shall be reassigned or allowed to exercise his displacement options or will be treated as a lay-off under the terms of this Agreement.
SECTION 6.11 MODIFICATION OF AGREEMENT
This Agreement shall constitute the entire agreement between the parties and portions of this Agreement can only be changed or modified by the mutual written consent of the parties. Any sections modified shall be by a document in writing signed on behalf of both parties hereto.
Modifications to this Agreement, when consented to, by a document in writing, shall not constitute a re-opening of the Agreement for collective bargaining purposes and neither party shall be obligated to make any other changes or modifications to this Agreement. Modifications to this Agreement may only be made if both parties voluntarily agree to consider changing or modifying certain portions of this Agreement. No portions of this Agreement may be changed or modified unless both parties have mutually agreed in writing to the change or modification. The signatory representative for the Union shall be the Union’s Business Representative assigned to represent employees in the bargaining unit. The signatory representative for the Company shall be the Company’s Program Manager.
SECTION 6.12 UNIFORMS
The Company shall provide all bargaining unit employees an initial issue of two (2) shirts and subsequently provide two (2) new shirts during the month of October each year.
SECTION 6.13 RIGHT OF FIRST REFUSAL
The Company or its successor shall grant the right of first refusal to Employees in accordance with FAR 52-222.17.
ARTICLE 7 NEW JOB CLASSIFICATIONS
SECTION 7.1 NEW JOB CLASSIFICATIONS
The Company will not create any new job classifications with the intent of undermining work currently performed or that would negatively impact the negotiated wage rates for existing classifications. If the Union has not advised the Company in writing within twenty-one (21) calendar days that it does not agree, the job shall become a part of the existing Agreement.
SECTION 7.2 UNION MAY FILE POLICY GRIEVANCE
Should the Union not agree, the Union must advise the Company within twenty-one (21) calendar days and state the Union’s position. The Company and the Union shall then attempt to agree. In the event the Company and the Union cannot agree within fourteen (14) calendar days, or within such additional time as may be mutually agreed upon, the Union may present and process a grievance in the same manner as a policy grievance. Nothing herein will prevent the Company from implementing the new job classification prior to the arbitrators’ decision. If any portion of the new job description includes the transfer of portions of a job from existing job descriptions, the transfer will not take place until after a job description has been approved by an arbitrator. If wage rate is an issue, the arbitrator shall make the wage rate retroactive.
SECTION 7.3 JURISDICTION OF ARBITRATOR
If the grievance is processed thereafter in accordance with the terms and conditions of the grievance procedure, the arbitrator shall have the authority to determine the wage rate applicable to the new job classification.
SECTION 7.4 NEW JOB CLASSIFICATIONS TO BE POSTED
New job classifications and job vacancies shall be posted on Company bulletin boards for ten
(10) calendar days. The Company shall give consideration to the most senior qualified employees who apply for the new job classifications and job vacancies, provided they are qualified.
ARTICLE 8 SUBSTANCE ABUSE POLICY
SECTION 8.1 GOALS
The Company and the Union agree to work toward the goal of establishing a work force that is free of drug abuse and alcohol misuse. Both are committed to this end to foster safety, productivity, and compliance with the Drug-Free Work Place Act of 1988 and applicable Federal and State laws, statutes and regulations. Accordingly, it is agreed that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is strictly prohibited in the work force. Furthermore, the use of alcohol or being under the influence of alcohol is strictly prohibited in the work place. The Union agrees to adhere to the Company Substance Abuse/Drug-Free Workplace policy. (Attachment 1)
ARTICLE 9 JOB DESCRIPTIONS
SECTION 9.1 TECHNICAL LEVELS DEFINED
For the purpose of this agreement the bargaining unit employees are referred to as Simulator Technicians. The technical levels for the bargaining unit employees are levels one (I), two (II), and three (III) and are equivalent to the Tech “A”, Tech “B”, and Tech “C” (respectively) terminology used in the CNATRA COMS contract.
SECTION 9.2 JOB DESCRIPTIONS DEFINED
SIMULATOR TECHNICIAN “A”
A Simulator Technician “A” must have demonstrated competence through satisfactory progressive performance as an Electronics Technician. The Simulator Technician “A” shall have graduated from a two-year Electronic Technician resident course at an accredited technical institute or the equivalent.
Applies technical knowledge to perform simple or routine tasks following detailed instructions.
Performs such tasks as replacing components and wiring circuits, repairing simple electronic equipment, and taking test readings using common instruments such as digital multi-meters, signal generators, semiconductor testers, and oscilloscopes.
Receives technical guidance, as required, from supervisor or higher-level technician. Work is spot-checked for accuracy.
SIMULATOR TECHNICIAN “B”
A Simulator Technician “B” must have demonstrated competence through satisfactory, progressive performance as a Simulator Technician. As a minimum, this must include four (4) years simulator maintenance experience to include all flight simulator subsystems. The Simulator Technician “B” shall have graduated from a two-year Electronic Technician resident course at an accredited technical institute or the equivalent.
Applies comprehensive technical knowledge to solve complex problems by interpreting manufacture’s manuals or similar documents. Work requires familiarity with the interrelationships of circuits and judgment in planning work sequence and in selecting tools and testing instruments.
Receives technical guidance, as required, from supervisor or higher-level technician, and work is reviewed for compliance with accepted practices. May provide technical guidance to lower level technicians.
SIMULATOR TECHNICIAN “C”
A Simulator Technician “C” must have demonstrated competence through satisfactory, progressive performance as a simulator technician. As a minimum, this must include six (6) years simulator maintenance experience of which two (2) must be in the maintenance of all major areas, systems and subsystems of the trainers outlined in the statement of work (SOW).
This time must be exclusive of formalized training. The Simulator Technician “C” shall have graduated from a two-year Electronic Technician resident course at an accredited technical institute or have completed the Navy’s factory/formal training on the device. With government concurrence equivalent simulator maintenance and education may be substituted for the above requirements provided it is comparable to the systems in the specific trainer (e.g., hydraulics, computers, visual systems, etc.).
Applies advanced technical knowledge to solve unusually complex problems that typically cannot be solved solely by referencing manufacture’s manuals or similar documents. Examples of such problems include determining the location and density of circuitry, evaluating electromagnetic radiation, isolating malfunction, and incorporating engineering changes.
Work typically requires a detailed understanding of the interrelationships of circuits. Exercises independent judgment in performing such task as making circuit analyses, calculating waveforms, and tracing relationships in signal flow. Uses complex test instruments such as high frequency pulse generators, frequency synthesizers, distortion analyzers, and complex computer control equipment.
There will be a Simulator Technician ‘C’ assigned to each shift. The Simulator Technician ‘C’ will assist and direct the bargaining unit employees in the performance of maintenance responsibilities and collateral duties assigned by the Site Manager.
SECTION 9.3 PROMOTIONS
The Company is not required to provide a change in classification to an employee simply by the passage of time or by the gaining of experience. The Company will be required to temporarily or permanently assign an employee to the higher classification anytime the employee is performing work in the higher classification and compensate him for all hours worked in the higher classification.
The Company will award the job to the qualified senior bargaining unit employee based on (1) related experience; (2) previous training; and (3) ability to perform the work. If two or more employees bidding the job are essentially equal with the respect to 1, 2, and 3, then the most senior employee will be awarded the job.
ARTICLE 10 PAY DETERMINATION
SECTION 10.1 BASE RATE
The terms “straight time basic rate, base pay, basic rate, base rate, and basic hourly rate” as used in this Agreement mean the individual hourly rate of an employee in accordance with the pay schedule exclusive of any overtime pay or benefits pay.
SECTION 10.2 REGULAR RATE
The term “regular rate’ as used in this Agreement means the employee’s basic rate.
SECTION 10.3 OVERTIME PREMIUM
Employees will receive overtime premium at the rate of one and one-half (1 ½) times his regular rate pay for all hours worked over ten (10) hours in a workday and for all hours worked over forty (40) hours in a week, and all hours worked on the sixth (6th) or seventh (7th) workday during the normal workweek.
Overtime will not be paid in instances when an employee works over forty (40) hours in a week when it is the direct result of a scheduled shift rotation.
SECTION 10.4 PAY SCHEDULE (BASIC HOURLY RATE)
Beginning on the Effective Dates listed below, employees covered by the provisions of this collective bargaining agreement shall be paid the basic hourly rates of this pay schedule, (Table “A”) as follows:
TECHNICAL
LEVEL 10/1/2017 11/5/2018 11/4/2019 11/2/2020
Simulator Technician “A” $32.99 $34.49 $36.04 $37.64 Simulator Technician “B” $37.19 $38.31 $39.45 $40.64 Simulator Technician “C” $42.00 $43.26 $44.56 $45.89
SECTION 10.5 EFFECTIVE DATE OF CHANGES
All changes in pay will be made effective on the Monday following the action that necessitates the change.
SECTION 10.6 RECEIPT OF PAY
Paydays shall be at the regularly scheduled days as per Company policy.
SECTION 10.7 SEPARATION PAY
An employee who is terminated, laid off, or has a change of employment will be paid in full of all moneys including vacation and other benefits accrued on the payday he would have been paid if he had remained at work.
SECTION 10.8 CALL BACK PAY
An employee who is called and reports back for work after he has completed his regularly assigned shift shall receive a minimum of four (4) hours pay at his regular rate plus overtime premium rate.
SECTION 10.9 CALL IN PAY
When an employee is not scheduled and is called and reports for work, outside his scheduled workweek, he shall receive a minimum of four (4) hours pay at the regular rate plus overtime premium rate. Overtime will be offered in accordance with Section 12.6. In the event an employee must be contacted either in person or via telephone, for the purpose of working overtime, the employee will only be charged if the employee actually works the overtime or personally declines the offer of overtime. If employee is called and does not answer, they will not be charged the hours and the Company will move to the next person on the list.
SECTION 10.10 REPORTING PAY
An employee who is scheduled and reports for work at the scheduled time, shall be given scheduled hours of work, or if no work is available, be given scheduled hours pay at their regular rate.
SECTION 10.11 HOLIDAY PAY
An employee on the active payroll of the Company shall, if otherwise eligible, receive a scheduled day’s holiday pay at his regular rate of pay. In order to be eligible to receive holiday pay, an employee must have worked his scheduled shift on his last workday immediately preceding such holiday and his scheduled shift on his first workday immediately following such holiday or have prior approval from the Site Manager unless the employee is sick to be excused for the day not worked. If the employee works on a holiday, he or she will receive holiday pay in conjunction with their normal base pay or overtime pay; whichever is applicable.
SECTION 10.12 VACATION PAY
An employee will receive basic hourly rate pay while he is on vacation.
SECTION 10.13 SICK/PERSONAL PAY
An employee will receive basic hourly rate pay while out on sick/personal leave, not to exceed seven (7) days per year. Sick/Personal Days for each employee will be accrued October 1 of each calendar year.
All new hires will receive a prorated amount based upon the hire date.
Employees may accumulate unused sick/personal time and carry it forward year to year to a maximum of ten (10) days. Accumulated balances of sick/personal time are not an entitlement to the employee and will not be paid out upon transfer or termination of employment.
SECTION 10.14 COUNTED AS TIME WORKED
Sick/Personal leave will be counted as time worked for computing overtime payment.
SECTION 10.15 A+/Comp TIA CERTIFICATIONS
While not currently a requirement, the Company encourages employees to obtain A+/Comp TIA Certifications. For employees who wish to obtain the certification, the Company will determine the appropriate method and will pay all direct testing costs associated with obtaining the certification. Employees must receive prior authorization and all employee time spent will not be compensated.
When and if it becomes a requirement, the Company agrees to negotiate over the effects.
ARTICLE 11 HOURS OF WORK
SECTION 11.1 CALENDAR DAY
The calendar day shall correspond to the normal U.S. recognized monthly calendar day. The start of the calendar day shall begin with the first hour of the first work shift and end twenty-four
(24) hours later.
SECTION 11.2 WORKDAY \ WORKWEEK
11.2(a) WORKDAY DEFINED
The employee’s assigned workday for each shift shall consist of eight (8) consecutive hours, exclusive of lunch, for each shift in the 24-consecutive hour period following his assigned starting time of his respective shift.
11.2(b) WORKWEEK DEFINED
Full-time employees assigned workweek shall begin with the starting of the employee’s first 24-hour period as defined above consisting of five consecutive days, Monday through Friday, will not be less than 40 hours per week and shall end 168 hours later, fifty-two (52) weeks per year.
(1) Any other day designated by Federal Statute, Executive Order and/or Presidential Proclamation where employees are not required to work, they will be paid eight (8) hours at their straight time pay rate. If the Command or Customer elects to close the Command for any other reason and employees are not required to work, the employees will be paid eight (8) hours at their straight time pay rate with Government approval. It is understood that if an employee is under a paid or unpaid absence for the affected day, he will remain in that status and will not be granted the additional benefit day.
(2) When the customer releases its employees from work due to weather-related occurrences, i.e. hurricanes that directly affect the safety of the Company’s employees, the Company will recommend that all Company bargaining unit employees be released also.
When the customer does not release the personnel, the Program/Site Manager will directly call the Vice President of Human Resources, who will evaluate the situation in conjunction with corporate policy and provide direction accordingly.
SECTION 11.3 WORK SHIFTS
Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The starting time of the various shifts will be as follows:
First Shift: Beginning at or after 4:00 a.m. but before 8:00 a.m.
Second Shift: Beginning at or after 12:00 p.m. but before 4:00 p.m.
Third Shift: Beginning at or after 8:00 p.m. but before 12:00 a.m.
The employee’s work shift schedule will be posted by 0600 Friday of the week prior. Any changes of the assigned work shift will be subject to overtime premium pay. The Union agrees to handle emergencies or other instances on a case by case basis.
It is hereby agreed that in order to meet contractual obligations the first (1st) workday of the third (3rd) shift may start on Sunday, provided the time scheduled on Sunday does not exceed two (2) hours. The Company will not accrue overtime premium obligations as a result of this variance provided all other aspects of the regular workweek are adhered to.
All shift change requests will be given reasonable consideration by the Site Manager and approved or disapproved in writing.
SECTION 11.3(a) SHIFT CHANGES “ROTATION” NAS Whiting Field
Shift rotation will be maintained by the Chief Steward. Site Manager will provide to the Chief Steward the manning requirements of each technical level for each shift rotation. The Chief Steward will maintain a 3 group Rotation List. The groups will be “A”, “B”, and “C” Technician. Each technician level (A, B, and C,) shall participate in the rotation.
Each employee is required to initial shift block then sign and date on their group rotation list.
The Group Rotation List will be posted 1 week prior to shift rotation and will be completed in the first week of posted rotation. The list will start by seniority in each group. The most senior employee will be at the top in each group list.
Each employee will move up the list with the top employee moving to the bottom for each rotation. Top employee on the list gets 1st choice of shift preference. The shift preference will move down the list until all manning requirements are filled in each group for all shifts.
Each employee will maintain the same position on the rotation seniority list for their group.
Rotation duration shall be no less than 2 weeks and no more than 1 year intervals. Each group will vote on the duration of their shift rotation. There must be a 2/3 majority vote of the group to change the duration of the shift rotation. Duration of each group’s rotation can be changed only after there is 1 complete cycle of rotation in the group.
The Company reserves the right to alter the shifts based on unique circumstances requiring specific skill sets.
SECTION 11.3(b) SHIFT CHANGES “ROTATION” NAS Pensacola
The site shall have regular rotating shifts. The shifts shall rotate every 3 months, but may change in duration with the agreement of both the Site Manager and Union Chief Steward.
Each technician level (A, B, and C,) shall participate in the rotation.
The rotation schedule shall make every effort to rotate all employees in a fair and equitable manner. Fair and equitable is defined as all employees rotating equally between shifts.
The Site Manager shall provide the Union Representative with the number of employees and of which technical levels shall make up each shift. The number of employees and which technical levels assigned to each shift may change based upon needs of the business. Every effort shall be made to initiate assignment changes based upon the normal shift rotation dates.
The Union Chief Steward shall be responsible for assigning employees to each shift, based upon the fair and equitable rotation with Site Manager Approval.
Employees will be allowed to “trade” shift assignments based upon mutual agreement of both employees of the same technical level involved in the trade. The Site Manager will be informed in writing of shift trades in advance. Shift trades may take place between different technical level employees based upon approval of the Site Manager.
The shift rotation schedule shall be posted at least one year in advance. This will be to accommodate employees in being able to trade shift assignments based upon personal needs
(ie. vacations). The shift rotation schedule shall be posted in the employee office area.
The Company reserves the right to alter the shifts based on unique circumstances requiring specific skill sets.
SECTION 11.4 REST PERIODS
Employees will be allowed one ten (10) minute rest period before and one ten (10) minute rest period after lunch in each scheduled work day. The Company will attempt to establish the first rest period at approximately mid-way between the beginning of the shift and the lunch period, and will attempt to establish the second rest period approximately mid-way between the lunch period and the end of the shift. Employees required to work overtime shall be entitled to the rest period on the shift where the overtime is worked after working the second hour of overtime.
SECTION 11.5 LUNCH PERIODS
An unpaid thirty (30) minute lunch period will be established by the Company at approximately the mid-point of each shift, in keeping with sound site practices and efficiency. An employee must be relieved of all Company responsibilities during the designated lunch period or be compensated.
ARTICLE 12 OVERTIME
SECTION 12.1 OVERTIME DEFINED
Overtime is defined as all authorized hours worked in excess of forty (40) hours in the a normal work week, for which overtime has not previously been paid, work performed on the sixth (6th) or seventh (7th) work day, and all authorized hours worked in excess of ten (10) consecutive hours in any work day. Overtime offered outside the normal assigned work shift will be counted as overtime worked on the overtime records.
SECTION 12.2 OVERTIME ELIGIBILITY
The Company will, insofar as it is practical and with due regard to production, equalize overtime among employees. Employees must have the necessary qualifications on the device/equipment to be eligible for overtime and a Simulator Technician ‘C’ must be assigned to each shift. When overtime is required, employees with the least amount of recorded overtime will sign up for the posted overtime. Once the overtime listing is completed, the most senior qualified employee (at the sole discretion of the Company) will perform the work for each shift. If one of the employees who signs up for the shift is a “C” tech, they will automatically receive the “C” tech pay. Only one “C” tech may sign up and be assigned to each shift.
A probationary employee will not compete for, nor work overtime until all seniority employees assigned have been offered the overtime.
Employees on vacation or sick/personal time will not be considered eligible for call-in overtime.
SECTION 12.3 CHARGING OVERTIME
Overtime hours will be recorded on time sheets and paid in one-tenth (1/10) hour increments.
SECTION 12.4 SCHEDULED OVERTIME
Scheduled overtime is defined as overtime that is scheduled in advance while eligible employees are at work except for scheduling 6th and 7th workday overtime and holiday overtime.
SECTION 12.4 (b) SHIFT EXTENSION
Shift Extension is either scheduled or not scheduled additional work at the end of a shift and does not exceed 4 hours. If more than 4 hours are needed then a call to the next shift will be required unless the site is securing for the weekend or inclement weather. If the site is securing for the weekend or inclement weather overtime does not have to be offered to other shifts due to the short duration. Shift Extension and Overtime will be offered in accordance with Section 12.6 for the shift being affected.
SECTION 12.5 OVERTIME RECORDS
Overtime records will be updated as required (daily), posted and retained for one (1) calendar year. All overtime will be posted to include Shift Extension time and scheduled end of shift overtime. For NAS Whiting Field, the over time records will contain separate equalization lists for each classification. For both sites at the beginning of each calendar year the overtime records will be zeroed out and started over.
SECTION 12.6 OVERTIME OPTIONS
Overtime will first be offered to the most senior employee with the least amount of recorded overtime hours for the technical level required to perform the work. Refused hours of overtime will be counted as hours worked on the overtime records. Sixth (6th) and Seventh (7th) day overtime will be offered to the employee on the employee’s last scheduled workday prior to the Sixth (6th) and Seventh (7th) day.
Overtime will be offered to employees, either in person or via telephone, the employee has the option to accept or refuse overtime and will be charged for the refusal of overtime with the maximum amount that was available to the employee. If employee is called and does not answer, they will not be charged the hours and the Company will move to the next person on the list.
An employee on vacation or sick/personal leave, or Military Annual Leave does not have the ability to accept or refuse overtime and will not be charged for the refusal of overtime.
Employees on vacation, sick/personal leave or Military Annual Leave will not be allowed to call in and accept overtime.
When a new employee becomes eligible for overtime, the employee will be added to the existing overtime record with matching hours to the highest number of any individual on the equalization list the employee is assigned to.
If there are not enough volunteers within the required technical level to work the overtime, the Company may (1) ask for volunteers from another technical level if they are qualified to perform the work, (2) or schedule the least senior qualified employee(s) in the technical level needed to perform the work.
Overtime will reset to zero the first Monday of each calendar year.
ARTICLE 13 HOLIDAYS
SECTION 13.1 RECOGNIZED HOLIDAYS
The Company recognizes the following 10 holidays: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.
SECTION 13.2 HOLIDAY OBSERVANCE
Holidays will be observed on the same day as the Federal Government observes them.
SECTION 13.3 WORK IF SCHEDULED
If work is scheduled for any holiday and an employee is notified but fails to work as scheduled, unless excused, he shall not receive holiday pay for said holiday.
SECTION 13.4 COMPANY DETERMINES IF THERE IS WORK
The Company may, at its option, observe the above recognized holidays by closing the facilities or scheduling work on holidays.
SECTION 13.5 HOLIDAYS DURING VACATION
When a holiday falls during an employee’s vacation period, the employee will receive holiday pay and will not be charged vacation leave for the holiday.
SECTION 13.6 COUNTED AS TIME WORKED
Paid holiday leave will be counted as time worked for computing overtime payment.
ARTICLE 14 VACATION
SECTION 14.1 YEARLY BASIS
Vacation leave shall be computed and credited to each employee on the annual anniversary of their initial hire, (their seniority date). Vacation will be earned from the initial date of hire after an employee completes their ninety (90) day probation period.
SECTION 14.2 VACATION CREDITS
Authorized military leave of two (2) weeks or less, paid vacation leave, paid sick leave, jury duty leave, paid holidays, and time spent by Union negotiating committee on Union business and the first five (5) years of absences due to compensable injuries as defined by Worker's Compensation Act of Florida will be considered as hours worked for the purpose of computing credited service for vacation leave purposes.
SECTION 14.3 VACATION INCREMENTS
Vacation must be taken in at least thirty (30) minute segments.
SECTION 14.4 VACATION REQUESTS
Vacation requests must be submitted in writing at least twenty-four (24) hours in advance. A vacation request is not considered approved until the Site Manager approves and returns the request to the employee. The twenty-four (24) hour advance notice requirement can be waived upon mutual consent.
SECTION 14.5 CANCELED VACATION
If an employee's scheduled vacation is canceled due to operational commitments and they are not permitted to reschedule vacation due to contractual requirements, or do not have sufficient time left prior to their anniversary date to take earned vacation they shall receive vacation pay in lieu thereof, at the regular rate of pay in effect on their anniversary date.
SECTION 14.6 VACATION PAY ON TERMINATION
A seniority employee, who is terminated for any reason or indefinitely laid off, will receive pay for all earned vacation.
SECTION 14.7 CREDIT IN YEAR OF TERMINATION
An employee who resigns, terminates, or is laid off will receive pay for all earned but unused vacation.
If a seniority employee is indefinitely laid off he will receive prorated vacation credit for the year in which he is laid off, provided he has worked at least six (6) months since…
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