10-01-2022 - 2026 - CBA Signed.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

DEFENSE BASE SERVICES, INC.

AND THE

TEAMSTERS, LOCAL UNION 533

NAS FALLON, NEVADA

EFFECTIVE OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2026

ii

TABLE OF CONTENTS

Contents

ARTICLE -1- AGREEMENT

ARTICLE -2- PURPOSE

ARTICLE -3- RECOGNITION OF UNION RIGHTS

ARTICLE -4- MANAGEMENT RIGHTS

ARTICLE - 5 - NO STRIKE/NO LOCK OUT

ARTICLE -6- SHOP STEWARDS VISITATION

ARTICLE -7- SENIORITY

ARTICLE -8- GOVERNMENT SECURITY RESPONSIBILITY

ARTICLE -9- LAYOFF AND RECALL

ARTICLE -10- BARGAINING UNIT WORK

ARTICLE -11- HOURS OF WORK

ARTICLE -12- OVERTIME

ARTICLE -13- WAGE RULES

ARTICLE -14- HOLIDAYS

ARTICLE -15- VACATIONS

ARTICLE -16- NON-PAID LEAVES OF ABSENCE

ARTICLE -17- MILITARY LEAVE

ARTICLE -18- BEREAVEMENT LEAVE

ARTICLE -19- JURY AND WITNESS DUTY

ARTICLE -20- PROMOTIONS, ASSIGNMENTS, AND TRANSFERS

ARTICLE -21- GENERAL

ARTICLE -22- BULLETIN BOARDS

ARTICLE - 23- DISCIPLINARY ACTION

ARTICLE -24- GRIEVANCES AND ARBITRATIONS

ARTICLE -25- UNION SECURITY

ARTICLE -26- INSURANCE

ARTICLE -27- RETIREMENT

ARTICLE -28- PAID PERSONAL LEAVE

ARTICLE - 29- SAFETY AND HEALTH

ARTICLE - 30- WORKERS' COMPENSATION

ARTICLE -31- TEMPORARY ALTERNATE WORK

ARTICLE -32- DURATION

APPENDIX "A" - WAGE RATES

APPENDIX "B" - DISCIPLINARY RULES

APPENDIX "C" - ATTENDANCE RULES

APPENDIX "D" - CHUGACH SUBSTANCE ABUSE POLICY

APPENDIX "E" - LOU REQUEST FOR DOCTOR'S NOTE CLARIFICATION

ARTICLE - 1 - AGREEMENT

A) This Agreement is an agreement made and entered into as of October 1, 2022, by and between the prime contractor Defense Base Services, Inc. (DBSI) (hereinafter referred to as the Company, Employer or Contractor) and the Teamsters, Chauffeurs, Warehousemen &

Helpers and Professional, Clerical, Public and Miscellaneous Employees, Local Union No.

533 of Donner and the Tahoe Basin, Reno and Northern Nevada, affiliated with the

International Brotherhood of Teamsters (hereinafter referred to as the Union or Local

Union). Fringe benefits, as referenced herein include, but are not limited to, health & welfare, retirement, vacation, leave and severance pay. Issues related to this Agreement shall be addressed between the Union and the Company.

ARTICLE - 2 – PURPOSE

A) It is the intent and purpose of the Company and the Union to set forth herein the entire

Agreement with respect to wages, hours, benefits, and working conditions as relates to the government contract covered by this Agreement.

B) Further, it is the intent of the parties to secure maximum efficiency of the operation. To attain maximum efficiency, the parties agree to maintain reasonable production standards based on the Navy contract or documented industry standards. The duties of employees must be faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with due regard to competitive conditions.

C) It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a fair and prompt grievance procedure for the peaceful settlement of employee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

ARTICLE - 3 - RECOGNITION OF UNION RIGHTS

A) The Company recognizes the Union as the sole and exclusive representative for the purpose of collective bargaining with regard to wages, hours, benefits and terms and conditions of employment in accordance with the National Labor Relations Act, as amended, for all production, maintenance and quality control technicians, employees employed by Defense

Base Services, Inc., at its NAS Fallon Division, NAS Fallon, Nevada facility, and subsequent additions and extensions of the current operation of the Company on the BOS service contract at Fallon, Nevada with the U.S. Navy and successor contracts as defined under the Service Contract Act, excluding other employees, including professionals, Guards and Supervisors, as defined in the Act.

B) Unless specifically waived within this Agreement, nothing contained within this

Agreement shall be implied or construed as a waiver of any legal Union rights. The Union reserves all bargaining rights in accordance with the National Labor Relations Act, as amended.

C) It is acknowledged that the company business may require the subcontracting of

Indefinite Quantity (I.Q.) work to be responsive to unexpected increased client needs in performance of the Navy contract. No work or services presently performed or hereafter assigned to the bargaining unit will be subcontracted, transferred, leased, assigned or conveyed, in whole or in part, at any time, unless the designated subcontractor shall become signatory to the existing collective bargaining agreement or signatory to a separate collective bargaining agreement with the Union that is consistent with the existing collective bargaining agreement. Subcontracting will only be used to supplement the existing work force, and will not cause the replacement, displacement or layoff of any bargaining unit employees. A subcontractor is defined as any person(s), other than an employee covered herein, firm, corporation, or entity, who agrees orally, or in writing to perform any work or services for the Company that is included and contained in the Navy contract, or work or services of job classifications included and contained in this

Agreement.

ARTICLE – 4 - MANAGEMENT RIGHTS

A) The Company reserves and retains, solely and exclusively all of its Common Law rights to manage the business in compliance with its Navy contract, and terms and conditions of this Agreement. Except to the extent expressly abridged by a specific provision of this

Agreement, the sole and exclusive rights of management shall include but are not limited to its right to determine prices of products and services, levels of service, volume of production, methods of financing; to drop a service or product line; to sell or lease the business or modify policies, practices or procedures; to determine and from time to time re-determine the number, location, relocation and types of its operation, and the methods, materials, equipment and facilities to be employed; to determine the number of hours per day or per week services or operations shall be carried on; to select and to determine the number and qualifications of persons to be employed or assigned specific jobs; to assign work to such employees in accordance with the requirements determined by management;

to establish and change work schedules and assignments; to transfer, promote or demote employees or to lay off, terminate or otherwise relieve employees from duty for lack of work; to determine the fact of lack of work; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees and otherwise to take such measures as management may determine to be necessary for the orderly and efficient operation of the business. Such determination of lack of work shall be made by the Company, in its discretion; however, the Company shall communicate with the Union prior to laying off any employees and agrees to objectively determine whether non-productive man-hours exist and whether a reduction in staffing is necessary in order to maintain the efficiency of the Contract.

B) The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing rights which do not conflict with the provisions of this Agreement.

C) No rules, customs, or practices shall be permitted which limit production or increase the time required to do any work. There shall be no limitation or restriction of the use of machinery, tools, or other laborsaving devices.

ARTICLE – 5 - NO STRIKE/NO LOCK OUT

A) It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the terms of this

Agreement:

1) The procedure provided for herein, for the settlement of grievances shall serve as means for peaceful settlement of all disputes that may arise between the Parties.

2) Except as provided for in Sections D) and E) below, there shall be no strike, work stoppage, slowdown, sit-down, meetings not authorized under this Agreement, refusal to handle merchandise, refusal to work, boycott, or picketing by the Union or its representatives or members, or lockout on the part of the Company during the term of this Agreement.

B) Any employee or employees, individually or collectively, who shall cause or take part in any violation of this Article or any activities prohibited by this Article may, if proven by the Company, be immediately discharged or subject to other disciplinary action as the

Company may consider appropriate.

1) Any such disciplinary action shall be subject to the grievance and arbitration procedure defined herein. Should the Company fail to prove the individual(s) participated in such acts, the arbitrator shall be empowered to make the individual(s) whole.

C) In the event of a violation of this Article, the Union, its officers, agents and members agree that it will use its best efforts to end such prohibited conduct, utilizing every possible means to include but not be limited to:

1) Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

2) Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

3) Requesting those violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

D) It shall not be a violation of this no strike Article in Sections A), B), and C) above, and the grievance procedure of this Agreement shall not apply, and it shall not be cause for permanent replacement, disciplinary action, or discharge in the event

1) An employee refuses to cross or work behind a primary strike picket line.

2) The Company fails to participate in the grievance procedure, or abide by a decision of an arbitrator, the Department of Labor or the National Labor Relations Board.

3) The Company fails to make proper and timely deductions and payment of Union initiation fees, re-initiation fees, dues, supplemental dues, assessments, and DRIVE contributions to the Local Union or DRIVE headquarters on behalf of its employees.

4) The Company fails to provide or make proper and timely Insurance, Health &

Welfare and 401(k) contributions for eligible employees to the respective Trust

Funds.

5) The Company fails to abide by the subcontracting provisions of Article 3, Section

C) or Temporary employee provisions of Article 20, Section J).

E) The Union shall provide the Company at least seventy-two (72) hours written notice prior to commencement of such work stoppage referred to in Section D) above.

ARTICLE - 6 - SHOP STEWARDS VISITATION

A) The Company agrees to recognize the Stewards and Chief Steward duly authorized by the

Union to represent those employees covered by the terms of this Agreement. The number of Stewards and Chief Steward shall be in that number required by the Union to assure each employee in the Unit ready access to a Steward in his assigned work location. It is agreed this objective can be achieved with a maximum of twelve (12) unless modified by mutual agreement of the Company and the Union. The Union will train and certify the stewards prior to their appointment and notification to the Company.

B) For the purposes outlined above, the Union agrees to supply the Company in writing, and shall maintain with the Company on a current basis, a complete list of all Union Stewards and the Chief Steward, and his designated alternate. The Company will provide this information to each supervisor having authority over employees covered by this Agreement.

C) Subject to other provisions of this Article, reasonable and necessary time off during work hours shall be granted to permit Stewards to carry out their responsibilities to the Employees in the Unit and will not unreasonably interfere with assigned duties. Furthermore, the Union will ensure that Stewards engage only in those activities, which are authorized by this

Agreement or appropriate regulations. When addressing employee concerns on Company time, Union stewards shall obtain approval from the Project Manager prior to exceeding five (5) hours during the workweek and the Chief Steward shall obtain approval prior to exceeding ten (10) hours during any workweek.

D) The Stewards shall attend Labor-management Meetings during working hours, without loss of pay. The Union agrees that there shall be no other organized Union meetings conducted on the Company's property except with the expressed permission o f the Project Manager.

This shall not prevent the Union representative from performing his required duties at the work place.

E) Recognizing the mutual benefit of resolving problems at the lowest level , the Employee(s) who has a complaint or grievance may discuss the matter with their Shop Steward. The necessary time away from the Steward's official work assignment shall be scheduled as far in advance as practical to minimize interruption of workflow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a unit Employee(s) and/or management official, he shall request permission to leave from his Supervisor. Upon entering the work area of another Supervisor's responsibility, the Steward will contact the

Supervisor before attempting to contact any employee. In each instance, the Supervisor's permission will be granted promptly unless compelling work commitments dictate otherwise.

If permission is denied, the Supervisor will promptly establish an alternate time at which the

Shop Steward can contact the Employee(s).

F) The scope of the Steward's activities and authority shall be in accordance with the National

Labor Relations Act, as amended, and shall be limited to and not exceed the following:

1) To consult with an employee regarding the presentation of a request, complaint, or grievance concerning this Agreement, for which the employee desires him to be present.

2) To investigate a complaint or grievance before presentation to the appropriate

Supervisor.

3) To present a request, complaint, or grievance concerning this Agreement, to an employee's immediate Supervisor in an attempt to settle the matter for the employee.

Settlements shall not be in conflict with any provision of this Agreement.

4) To meet with an appropriate Supervisor or other designated representative of the

Company when necessary to adjust grievances in accordance with the terms and conditions of this Agreement and the grievance procedure.

G) Shop Stewards have no authority to take strike action, or any other action interrupting the

Company's business. The Company, in so recognizing such limitation, shall have the authority to impose proper discipline, including discharge, in the event a Shop Steward has taken unauthorized strike action, slow down, work stoppage, or other actions in violation of this Agreement. Any such disciplinary action shall be subject to the grievance and arbitration procedure defined herein. Should the Company prove the individual(s) did participate in such action, in violation of this provision, the disciplinary action shall not be altered. Should the Company fail t o p r o v e the individual(s) participated in such acts, the arbitrator shall be empowered to make the individual(s) "whole", if warranted.

H) It is agreed that the Company shall not be required to pay an employee for any time that he is taken away from his work to serve the Union in any official capacity or to serve on any Union committee.

I) The Shop Steward shall be an employee of the Company, selected from among those employees whom he represents. The area of jurisdiction shall be determined by mutual agreement of the Company and the Union.

J) The Shop Steward shall respond to and adjust employee initiated verbal or written complaints, or grievances as provided for in the grievance procedure. There shall be no solicitation of complaints or grievances.

K) Subject to existing security regulations, the authorized Business Representatives of the Union shall have access to the Company's work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the

Grievance Procedures, and ascertaining whether or not this Agreement is being observed.

Before doing so, he shall report to the Project Manager or his designee, who shall permit said Representative to enter the Company’s premises, provided t ha t such right shall be exercised reasonably and will not interfere with the normal conduct of the Company’s operations.

L) The Company agrees each new employee within the bargaining unit shall be introduced to the Chief Union Steward or his designated alternate during the Company's orientation meeting with new employees. The steward will explain to each new employee the rights and privileges associated with Union membership versus non-membership. The steward will also explain the employee's options to exercise his right of freedom of choice under

Federal and Nevada law, without fear of harassment, discrimination, intimidation, or retaliation from the Union or the Company to: join or not join the Union; affiliate or not affiliate with the Union; pay or not pay dues and/or service fees to the Union. The Steward will supply all new employees a copy of the current Collective Bargaining Agreement, and all necessary membership application forms to employees who exercise their rights to join or affiliate with the Union and assist new employees in completing the forms. A copy of the completed forms will be provided to the Company and the original shall be submitted to the Local Union.

ARTICLE – 7 - SENIORITY

A) The Company and the union agree that the principal of seniority will be recognized in all procedures covered by this union agreement, except where management rights provide for management discretion, where law or regulation mandate other considerations be applied, or where provisions of this agreement specifically provide for criteria other than seniority as a basis for decision making. New employees and those hired after a break in continuous service, regardless classification, shall be considered on trial status until they have completed ninety (90) calendar days of employment from the date of hire. The Company may lay-off or discharge, such trial status employee and such action shall not be reviewable through the grievance procedure unless this provision is used to evade the hiring of new employees under this Agreement or that prohibited by any law. Completion of said trial period shall not provide or imply that the employee may not be laid off or terminated at a later date subject to the terms of this Agreement.

B) The Company shall maintain two (2) seniority lists, one for the full time employees and one for part time employees. A seniority list shall be provided to the Union on the first work day in October and thereafter, quarterly on the first day in January, April, July and

October. The seniority list shall contain the name, hire date and seniority date of each employee. Additionally, the Company shall submit a copy of the provided seniority list including wage rate and job classification and full-time or part-time status to the union.

C) Any employee may contest the accuracy of their seniority status; and if an error is established, correction shall be made.

D) Bargaining Unit seniority shall accrue from the date of continuous employment on the BOS service contract at Fallon, Nevada with the U.S. Navy and its predecessor contracts but not prior to October 1, 1987. Effective October 1, 2002, any individual hired who has previous bargaining unit service at NAS Fallon with a break in service of less than one (1) year will be credited with full prior service seniority. Company employees who may be transferred into the bargaining unit subsequent to the effective date of this Agreement shall be placed on the bottom of the appropriate seniority list in the department and job classification being filled, and shall retain their Companywide seniority for fringe benefits only. Their seniority shall be based upon the date they first entered a position, which is covered by this Collective

Bargaining Agreement.

E) Part time employees who subsequently become full time employees shall have their full time seniority date based upon the date they first entered and performed work in their full time job classification and shall be placed on the bottom of the full time seniority list in the department and job classification being filled. Part time employees shall retain their

Companywide seniority for fringe benefits only. Full time employees who request part time work due to personal reasons, and such accommodation is granted by the Company, shall retain and continue to accrue their full time seniority if they return to a full time position within one hundred and eighty (180) calendar days except as provided elsewhere in this Agreement.

F) In the event two or more employees have the same seniority date as herein provided, the employee having the lowest last four numbers of his social security number shall be considered having the least seniority for tie breaking purposes.

G) Bargaining unit employees who are transferred or promoted to positions within the

Company, but not within job classifications covered hereby, shall not be construed as working under the terms of this Agreement while occupying such positions. It is understood and agreed that employees so transferred or promoted shall have up to a period of one hundred and eighty (180) calendar days from the date of said promotion or transfer to retain all Companywide seniority for fringe benefit purposes only, such as but not limited to vacation and paid personal leave accrual, but will be placed on the bottom of the full-time or part-time seniority list for all purposes, such as but not limited to bidding, lay-off and re-call.

H) Seniority of an employee will be broken under the following conditions and his employment with the Company will be terminated:

1) Resignation or retirement of employment.

2) Unexcused absence in excess of three (3) consecutive working days without notice, either by telephone or written message to the employee's immediate supervisor, unless satisfactory evidence of inability to do so is shown.

3) Discharge for just cause.

4) Unauthorized absence after the time limit of an authorized vacation or a n approved absence, unless satisfactory evidence of inability to report for work is shown.

5) Failure to report after a layoff within twenty (20) calendar days after the Company gives the employee notice to return to work. Such notice shall be deemed to have been sufficiently given if sent to the employee by registered mail or other documented or verifiable means to the last address furnished to the Company Human Resources office. A copy of the recall notice will be sent to the Union.

6) Layoff without recall to work within one (1) year from the date of such layoff.

7) Accepting other employment while on approved leave of absence without prior permission by the Company.

8) Upon settlement of Worker's Compensation for total permanent Disability.

9) Upon expiration of a hundred and eighty (180) day period following a promotion or transfer outside of the bargaining unit in accordance with Section G) of this Article.

I) Seniority shall not apply to outside temporary personnel hired in accordance with Article 20, J), 1) and 2), and who are placed on the Company’s payroll.

ARTICLE – 8 - GOVERNMENT SECURITY RESPONSIBILITY

A) The parties hereto jointly recognize that the Company is a contractor to the U. S. Department of the Navy, NAS Fallon, and must comply with the security requirements and directives of its Contracting Officer related to security matters. Should the Contracting Officer and/or any other authorized representative of the U.S. government direct that any employee(s) be removed from any or all security related work for the contractor on this contract, the

Company shall provide such documents to the Union; and the Company's compliance with those directives shall be subject to the grievance procedure provided that denial of base access is not the reason.

B) The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations when performing work for the Government. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the

Government to have the information.

C) The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor.

Nothing is intended to prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union fully recognizes that from time to time the

Government may impose various legal and/or lawful demands or obligations upon the

Company and that the Company and its employees must meet such demands, obligations or comply with such rules and regulations as may be promulgated or imposed by the

Government.

D) It is further understood that if a security clearance is required in order to perform such work in the job classification covered by this Bargaining Unit, that such security clearance shall be a condition of continued employment with the Company. Such employees shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States Government. A denial or withdrawal of such clearance by such governmental agency shall be grounds for reassignment to available non-classified work for which the employee is qualified. If no such work is available, the employee shall be subject to the layoff provisions of this Agreement.

E) In the event, however, that a review, duly made by the appropriate governmental authority, shall result in a reversal of the original ruling, the employee shall be permitted to displace a less senior employee in the job classification from which he was removed. Such employee shall not receive payment for wages or benefits lost during the period of removal from the classified work while on layoff status. If the decision to reverse the governmental decision was due to error of the contractor, the employee(s) shall be returned to his original position and job classification from which he was removed and paid all lost wages and benefits sustained during the period of removal.

ARTICLE - 9 - LAYOFF AND RECALL

A) In laying off of forces due to reduction of work, the Company shall lay off employees in reverse order of seniority utilizing the process defined below.

B) Except as may be required under Federal WARN requirements, the Company shall notify the

Secretary-Treasurer of the Union and the affected employees of pending layoffs not less than two (2) weeks prior to initiating a layoff, if possible to do so. The notice shall contain the names of the employees, their job classification, whether they are full time or part time employees, the duration of the layoff and bumping rights they may otherwise be entitled to.

The Company shall send the Union a list of employees who are subsequently laid off.

Employees so laid off shall continue to retain and accrue all seniority during such lay off subject to the provisions of Article 7, Section G). The employee shall ensure the Company's records contain his correct address.

C) Employees in the department and job classification affected shall be laid off as follows:

1) First: temporary employment agency individuals will be released; second: temporary employees employed by the Company from outside sources to fill temporary positions pursuant to Article 20, Section J) will be laid off; third: probationary employees will be laid off; and fourth: senior employees with a layoff request on file will be laid off.

2) Thereafter, employees in the affected department and job classification having the least seniority shall be laid off. Part-time employees will be laid off before full time employees. Any employee who would otherwise be laid off shall, if he has the qualifications to perform the work, be allowed to:

a) Displace the least senior employee in another classification in the department; if unable to do so,

b) Displace the least senior employee in the next lower classification in the department, for which he is qualified; if unable to do so,

c) Displace the least senior employee in any classification he previously held; if unable to do so,

d) Displace the least senior employee in the lowest occupied classification in another department; if unable to do so,

e) Elect a layoff and await recall to any job classification he is qualified to perform.

D) At the time an employee is given notice that he is being laid off from his classification, he must within two (2) working days (excluding Saturday and Sunday) notify the Company that he wishes to exercise the above listed options or he shall be laid off effective the date stated in the layoff notice. An employee's personnel file as it exists at the time the Company issues the layoff notice, including on the job experience as shown in the personnel file and all other work and/or experience performed outside of his job classification during his employment with the Company, and the job description shall be the determining factors.

E) When a vacancy exists in the department and in the classification from which an employee(s) has been displaced, the employee with the greatest seniority shall be offered reinstatement to his former classification. The intent of this provision is to offer the available positions to those individuals who formerly occupied those positions immediately prior to the reduction of those classifications, by seniority, whether actively employed or on layoff. An employee who elected a layoff may exercise his recall rights to his former job on the same basis as those employees who elected to exercise bump rights. Should that employee be unable to perform the work for any reason, he shall remain in the job to which he has been bumped or remain on layoff.

F) An eligible employee who has been laid off shall be notified of recall to his former job as provided below:

1) For the purpose of recall, all laid off employees shall be recalled on the basis of their seniority provided that the employee has the qualifications to perform the work required. An employee’s recall rights or seniority shall not be interrupted should he decline to return to a lower rated classification from which he was laid off.

2) Notification of recall shall be made by the Company by certified letter, or other documented and verifiable means sent to the last known address shown on the

Company records. If the employee is on layoff from employment status, this notification may also be made orally directly to the employee, but it must be followed in writing.

G) An employee shall be deemed to have permanently forfeited his recall rights under this

Article if he:

1) Except for the provision set forth in Section F), 1), declines the recall offer in writing.

2) Fails to respond to the written notification of recall within twenty (20) calendar days of the date of mailing of the notice.

3) Fails to report to work within twenty (20) calendar days of his response thereto.

H) An employee who is on layoff from employment status who does not meet the requirements of Section G) shall be deemed to have voluntarily resigned his employment.

I) Failure of the employee to keep the Company advised in writing of his current address shall relieve the Company of all obligations indicated in Section E) and F) above.

J) Notwithstanding the forgoing, senior full time employees may bump, as provided for in

Section C), 2), to other full time positions or part time positions if they desire while still accumulating full time seniority pending recall to full time status and senior part time employees may bump to other part time positions.

K) Beginning October 1, 2003, an employee shall receive severance pay in the event the employee is laid off in excess of sixty (60) calendar days or if layoff or termination results from loss of Navy contract work, subject to Section M). The severance allowance shall be forty (40) hours of pay for each completed 5 years of employment o n the contract, including service with any predecessor contractor.

L) Payment shall be made on the basis of the employee's straight time hourly rate at the time of lay off. Severance pay shall be paid at the end of a waiting period o f sixty (60) calendar days from the date of lay off. An employee who is reinstated to employment on the contract during the sixty (60) calendar day waiting period shall not receive a severance pay allowance.

M) An employee who received a severance pay allowance and who is s u b s e q u e n t l y reinstated to employment with the Company within one (1) year from the date of layoff shall not again be eligible for an additional severance pay allowance until the employee has accumulated two (2) additional years of employment. Upon e s ta b l i sh ing two (2) years of additional employment after such reinstatement the employee shall again be entitled to a severance pay allowance in accordance with the employee's continuous employment if again laid off under the conditions herein provided. Upon lay-off of any employee(s) in classification(s) covered by this Agreement, employees outside of the laid-off employee(s) classification(s) not limited to, temporary employees, subcontractors or new hires, will not perform any work in the same classification of any laid-off employee. Laid-off employees must be recalled to perform the work in the laid-off classification.

ARTICLE - 10 - BARGAINING UNIT WORK

A) Work or services covered by this agreement shall only be performed by bargaining unit employees, except as provided below and elsewhere in this agreement: Management or non-bargaining unit employees will not do work that relates to any employees work, trade or classification.

1) It is understood and agreed that non-bargaining personnel may perform the work of bargaining unit employees under the following circumstances, provided, however, that the performance of such work does not initiate the displacement, layoff, or denial of overtime opportunities to employees in the bargaining unit;

a) For the purpose of instructing employees;

b) Under emergency circumstances;

2) It is understood and agreed that non-bargaining unit personnel may perform the work of bargaining unit employees under the following circumstances, provided, however, that the performance of such work does not initiate the layoff, or denial of straight time earnings (per the employee's applicable routine work schedule) of employees in the bargaining unit:

a) Under parts or equipment warranty covered work conditions, or when necessary to maintain warranty;

b) When the work is incidental to the job of, or when the task being performed by the non-bargaining unit personnel of the Company or designees of the Navy is being performed in order to maintain their own technical proficiency, licensure, certification or registration.

3) It is understood and agreed that non-bargaining unit personnel may perform the work of bargaining unit employees under the following circumstances:

a) The penalty provision of NAVFAC 5252.246-9303(a)(4) of the current Navy

Contract, or any replacement clause contained in any future Navy Contract.

b) Subcontracting consistent with the provisions of Article 3, Section C).

ARTICLE - 11 - HOURS OF WORK

A) Except as provided elsewhere in this Agreement, no provision of this Agreement shall be construed as a guarantee of any specified numbers of hours of work either per day or per week. Provided further, however, the Company agrees that no full-time hours, jobs or positions will be converted to, or diverted to part-time or temporary hours, jobs, positions or other entities except as otherwise provided for elsewhere in the Agreement. The intent of this Section is to protect and preserve full-time jobs, positions and benefits. No more than

50% of part timers will be allowed in the Custodian classification.

B) Five (5) consecutive days of eight (8) consecutive hours exclusive of a lunch period of no more than thirty (30) consecutive minutes with two (2) consecutive scheduled days off will be the regularly scheduled straight time work day/week for full-time employees. Additionally the Company may establish a regularly scheduled full-time four (4) consecutive day ten (10) consecutive hour straight time work day/week with three (3) consecutive scheduled days off, or other mutually agreed upon work schedule. Should the Company work any part-time employee in excess of thirty (30) hours a week for a period of nine (9) weeks during any thirteen (13) week accounting quarter, the Company shall be required to establish one (1) full-time position for each such occurrence. The Company shall offer the full-time position to the part-time employees in the classification in seniority order until the position is filled.

For the purpose of this Article, a thirteen (13) week accounting period is defined as the beginning of such duties when the employee starts the position, excluding the training period.

The Company will perform a review of part-time hours worked each quarter and a report of the findings shall be provided to the Secretary Treasurer of the Union. Time worked during a part time employee's 90 day probationary period will not be included in the computation of hours or weeks for the purposes of establishing a full-time position. Official day of hire is first day worked.

C) The workweek shall consist of seven (7) consecutive days, beginning at 0001 hours Saturday.

D) Regular work shifts for purposes of shift differentials shall be established as follows:

1) The first (day) regular shift and regular starting times will begin from 4:00 A.M. to

9:59 A.M.

2) The second (afternoon) regular shift and regular starting times will begin from 10:00

A.M. to 5:59 P.M.

3) The third (night) regular shift and regular starting times will begin from 6:00 P.M. to

3:59 A.M.

E) Employees shall be provided a paid rest break at approximately two to three hours into their shift and again at approximately six to seven hours into their shift. Such breaks shall be for the duration of fifteen minutes each and shall be taken at the work site, except as provided in G) below.

F) Employees shall be given a meal period of not less than thirty (30) minutes without pay after working not more than six (6) hours nor less than three and one-half (3-1/2) hours after the starting time of their shift. For those employees who wish to take one (1) hour lunches, the following shall be adhered to:

1) Upon approval from the immediate supervisor, employees who request, or whose work activity has and/or will preclude the taking of one or both rest breaks, may take a forty-five (45) minute or one (1) hour meal period (i.e., depending on whether one or both rest breaks are to be missed, then adding fifteen (15) minutes or thirty

(30) minutes to the unpaid thirty (30) minute meal period.)

G) In the event an employee is not provided said meal periods or commences said meal periods and is requested to report for work prior to the completion of this period, such employee shall be paid for all the time normally allotted for this period.

H) The Company will adhere to all DOT and DOL standards. Should employees be made to work over two (2) hours after his scheduled end time shall be allowed a fifteen ( 15) minute paid break and for those who work four (4) hours shall be allowed a thirty (30) minute unpaid break or meal period.

I) In the event a catastrophic failure of systems, infrastructure or extreme weather events where an emergency shift is required that causes effected employees to be impaired in their ability to perform safely on their next schedule shift, management will provide such employees a modified work schedule. The modified work schedule will include a work rest period of eight (8) hours. The employee will be paid for any shift hours missed due to the modification.

ARTICLE - 12 - OVERTIME

A) The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.

B) It is understood and agreed that the Company reserves the right to require employees covered hereby to perform overtime work when determined necessary by the Company.

When such overtime is required, employees involved shall be given as much advance notice as is possible.

C) When unscheduled overtime is needed to complete a project the employee who began the project shall be assigned the overtime and shall be paid in fifteen (15) minute increments.

Scheduled overtime shall be offered to qualified employees in the necessary job classifications who have signed the overtime sign up list, in order of their seniority, as provided in Section H) below. Employees who may be required to work scheduled over time must be notified by the Company at least two (2) hours in advance of the day scheduled over-time is to be worked. In the event the Company fails to meet t h i s advanced notice requirement, payment of one (1) hour over-time in addition to the actual over-time worked will be required.

D) Weekly overtime is calculated from the start of the workweek (0001 Saturday) until the end of the workweek (2400 Friday.) Except as may otherwise be provided for elsewhere in this

Agreement, the overtime rate of one-and one half (1-1/2) times the employee's straight-time rate of pay shall be paid for all hours worked before the employee's regular starting time and after the employee's regular quitting time (if on site and an emergency arises, the Call-in Pay Article does not apply;) after eight (8) hours a day for employees working five (5) eight (8) hour shifts; after ten (10) hours a day for employees working four (4) ten (10) hour shifts, or for hours worked over any mutually agreed upon work schedule; for all hours worked on the employee's day off, and for hours in excess of forty (40) straight time hours in any regular work week, and shall be calculated at no less than quarter hour (1/4) increments. Over-time pay shall include any additional premium pay compensation to the appropriate employees.

E) No overtime shall be worked except by direction of the proper supervisory personnel of the Company.

F) There shall be no pyramiding of overtime defined as payment of overtime twice for the same hours worked. For example: overtime paid for hours worked in excess of eight (8) hours on one day of the work week will not be paid overtime again for the same excess hours after forty (40) hours in the same work week.

G) Employees who have worked scheduled or unscheduled overtime during the week shall not have their regular work schedule altered for the purpose of avoiding the payment of additional overtime or to evade other provisions of this Agreement.

H) When unanticipated work requirements come up, the Company may require employees to work unscheduled overtime. It is not the intent of the Company to reassign employee's shifts or regular work schedule as a result of scheduled or unscheduled overtime, however, operations and safety concerns may require some adjustments in the employee's shifts.

Scheduled Overtime: Every Thursday morning each shop will post an overtime sign up list, which will be removed by close of business Wednesday (23:59), covering Saturday through Friday of the next workweek. Employees who are interested in working overtime on any one (1) or more of the next seven (7) work days must sign the list noting the day or days they are willing to work. Scheduled overtime will be assigned to qualified employees in the necessary job classifications in order of seniority, top to bottom, to those employees who have signed the overtime list. Full time employees will be given preference over part time employees. If an insufficient number of employees signed up for the overtime and the overtime work must be performed, the Company shall fulfill its needed requirement by forcing employees to work in inverse seniority order, bottom to top.

I) Unscheduled overtime will be offered to qualified employees in the necessary job classification in order of seniority, from top to bottom. Should additional employees be required if the seniority list is exhausted, the requirement will be met by forcing employees to work in inverse seniority order, bottom to top.

J) Employees may remove their name from the overtime list any time prior to assignment of overtime by the Company. However, failure to accept the overtime work once it is assigned may subject the employee to disciplinary action under the Attendance Rules of Appendix

"C." Employees who have not signed the list may not file a grievance claiming a seniority violation concerning assignment of overtime from the voluntary o ve r -time sign up list.

ARTICLE – 13 - WAGE RULES

A) The base hourly wage rates or straight time rates for employees covered by this Agreement shall be as set forth in Appendix "A" attached hereto and made a part hereof. Copies of time sheets will be given to employees upon their request.

B) "REPORTING PAY": An employee reporting for work on their regular shift shall be guaranteed a minimum of four (4) hours straight time pay unless notified not to report at the end of the previous shift, or two (2) hours prior to the start of a shift. If the Company adjusts an employee’s schedule and requires an employee to report to work, the employee shall be guaranteed a minimum of four (4) hours for that day. This provision shall not apply where a strike, earthquake, fire, flood, act of God, explosion or bombing cause damage which makes it impossible for the employee to resume work in which case the employee will be paid for the hours actually worked at his applicable rate of pay.

C) An employee who stops work for reasons of his own, other than due to industrial illness or injury, and without approval of the Company, shall be entitled to pay only for those hours actually worked and shall be subject to disciplinary action.

D) Employees shall receive their pay bi-weekly, the week after the end of the pay period.

Payday shall be no later in the week than 4:00 p.m. Friday. Davis-Bacon wages are paid weekly.

E) Employees who are laid off or discharged will have their final pay made available to them at time of lay-off or discharge. Final pay includes Appendix "A" wages, shift premium, cash-in-lieu of health and welfare benefits, accrued personal leave and accrued vacation.

F) "REGULAR WORK WEEK": The regular work week for all employees shall begin at

0001 Saturday and end at 2400 the following Friday night (i.e., seven (7) consecutive

"regular work days" Saturday to Friday inclusive). All hours worked in a work shift that begins in the seventh (7th) regular workday shall be compensated for in the workweek in which the shift started.

G) "REGULAR WORK DAY": For the determination of overtime worked in the regular work week, on scheduled days off, and on holidays, the calendar day (i.e., 0001 to 2400) shall be used and defined as the regular work day. In all cases, the first regular work day in the regular work week will begin at the time the regular work week begins (0001 Saturday);

and hours worked on a shift starting in the regular work day shall be counted as worked in such regular work day and paid for the entire shift.

H) "REGULAR SCHEDULED DAY OFF": A regular scheduled day off shall be a calendar day (i.e., 0001 to 2400) during which no regular shift is scheduled to start for the employee.

All regular scheduled days off will be in compliance with Article 11, Section B).

I) "REGULAR STRAIGHT-TIME RATE OF PAY": is the e m p l o y e e ’ s t o t a l b a s e hourly rate in Appendix “A," in addition to all shift differential payments, and premium payments. The regular straight-time rate of pay is payable such as, but not limited to, holiday pay, vacation pay and paid personal leave. Regular straight -time rate of pay does not include items such as: Per diem pay, reimbursement for travel expenses, meal allowances, overtime, bonus payments, suggestion awards, reimbursement for tuition expenses, reimbursement for relocation expenses, patent awards or gross adjustments to pay.

J) "CALL-IN PAY":

1 ) Employees who are called back to the base to perform emergency duties after they have completed their normal work shifts will perform the emergency task necessary to abate the reason for the call back and will be allowed to depart the site immediately upon completion of the emergency work, including completion of necessary administrative documentation. Abatement for the occupied room must be fixed if the repair can reasonably be made.

2) Affected employees will be paid a minimum of four (4) hours overtime pay for the first four (4) hours of call back which includes one (1) hour of travel time in each direction and calculated from the time they depart for work.

3) In the event the employee works continuously beyond the four (4) hour window mentioned in 2) above, he will be paid at the overtime rate of time and one-half

(1-1/2) thereafter. If the employee has left the premises and is called back again after four hour's as provided for above, the employee will receive an additional minimum four (4) hours overtime pay at time and one-half (1/2).

4) In the event an employee is…