DLM Attachment 13 - CBA Cannon AFB - Amend 5.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

Aircraft Readiness Alliance, LLC.

Fleet Readiness Center Southwest Operation

Cannon Air Force Base and

THE INTERNATIONAL ASSOCIATION

OF MACHINISTS AND AEROSPACE WORKERS, AFL-

CIO

DISTRICT LODGE 725 - LOCAL LODGE 794

Effective:

January 1, 2020 through January 1, 2023

Table of Contents

PREAMBLE

ARTICLE 1.00 INTENT AND PURPOSE

ARTICLE 2.00 MANAGEMENT RIGHTS

ARTICLE 3.00 UNION RECOGNITION

ARTICLE 4.00 REPRESENTATION/STEWARDS

ARTICLE 5.00 DEDUCTION OF UNION FEES AND PROCEDURE

ARTICLE 6.00 SENIORITY

ARTICLE 7.00 LEAVES OF ABSENCE

ARTICLE 8.00 HOLIDAYS

ARTICLE 9.00 PAID LEAVE (PL)

ARTICLE 10.00 HOURS OF WORK/OVERTIME

ARTICLE 11.00 ABSENCE FROM WORK

ARTICLE 12.00 GOVERNMENT SECURITY/RESPONSIBILITY

ARTICLE 13.00 NO STRIKE - NO LOCKOUT

ARTICLE 14.00 BENEFIT PLANS

ARTICLE 15.00 RETIREMENT

ARTICLE 16.00 DISCHARGE AND DISCIPLINE

ARTICLE 17.00 GRIEVANCE AND ARBITRATION

ARTICLE 18.00 BEREAVEMENT LEAVE AND JURY DUTY

ARTICLE 19.00 WAGE RULES

ARTICLE 20.00 SAFETY EQUIPMENT

ARTICLE 21.00 TEMPORARY ALTERNATE WORK

ARTICLE 22.00 GENERAL

ARTICLE 23.00 TRAINING

ARTICLE 24.00 DURATION

APPENDIX “A” WAGES

APPENDIX “B” TEMPORARY DUTY ASSIGNMENTS

APPENDIX “D” MACHINISTS CUSTOM CHOICE

MACHINISTS CUSTOM CHOICE WORKSITE BENEFITS PROGRAM

APPENDIX “E” AIRCRAFT WORKER

PREAMBLE

This Agreement is made and entered into on January 1, 2020, by and between Aircraft Readiness Alliance, LLC (ARA) and Fleet Readiness Center Southwest Operation at Cannon Air Force Base

(hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers, Local Lodge 794 (hereinafter referred to as the Union).

Article 1.00 INTENT AND PURPOSE

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

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

1.2 It is the intent of the parties to provide for the efficiency of the operations and maximum production of the employees under methods, which further the safety of all affected parties, the efficiency and economy of operations and the continued employment under conditions of reasonable hours, compensation and working conditions as contained herein so that operations will be uninterrupted and duties 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 with due regard to competitive conditions.

1.3 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 grievance procedure for the settlement of the employee's grievances to be settled in a timely manner; and to provid e that there shall be no interruptions and/or impeding of operations during the term of this Agreement.

1.4 The Union recognizes that the Company is a contractor to the U.S. Navy contract and that the Company is required at all times to meet its contractual obligations. Nothing in this Agreement will prevent the Company from meeting its obligations and responsibilities as a Government contractor. The Union and the Company agree to comply with the requirements that the U.S. Navy may impose on the Company and its employees to the degree necessary, subject to rebuttal by either or both parties through the grievance and arbitration procedures and/or the courts, if deemed necessary.

1.5 There shall be no discrimination by the Company or the Union against any employee because of race, sex, creed, religion, national origin, age, disability, gender identification, sexual orientation, veteran status or other status protected by applicable federal, state or local law or regulations.

1.6 There shall be no discrimination, interference, restraint, or coercion, by the Company or any of its agents against any employee because of Union membership or because of acting as an officer of or in any other bona fide activity on behalf of the Union.

1.7 Nothing in this agreement shall prohibit the Union from fulfilling its legal obligation of representation.

Article 2.00 MANAGEMENT RIGHTS

2.1 Except as otherwise specifically provided in this Agreement, the Union recognizes and agrees that the management and control of the Company's business, operations, work force and facilities are exclusively vested in the management of the Company. The

Company has the right to plan, direct and control the Company' s business, methods, operations and work force; to hire, promote, transfer, and lay off employees and demote, discipline for just cause, suspend or discharge employees; and the right to determine the work to be performed, size of the workforce, schedules of work, and all services, processes and standards required by the customer or other Government agencies; and the right to make reasonable rules not in conflict with this agreement. It is not intended by the above recitation to limit any of the usual functions of management or to define all such functions. All matters, which are not specifically covered by this agreement, are solely functions and responsibilities of management. The Company will confer with the

Union on effects as required.

2.2 Temporary Surge Accommodation: Due to the nature of the contractual work to be performed, employees may be brought in from other locations to perform specific assignments at Cannon AFB as the need arises, so long as there are no employees in the classification in which the work is to be performed on layoff, who are qualified to perform the assignments. Such action shall not cause the layoff of employees within the classification in the bargaining unit who are qualified to perform the work. The

Company shall meet with the Union and inform them of the reasons for such work and expected duration. The use of this provision will be limited to specific documentable needs as directed by the customer and will be kept to a minimum. Bargaining unit employees will be offered first right of refusal for any weekend overtime offered, except as directed by the customer.

Article 3.00 UNION RECOGNITION

3.1 The Company recognizes the Union, as certified by the National Labor Relations Board in case no. 28-RC-249801 & 28-RC-249653, as the exclusive representative of all Production and Maintenance employees working on government contract number N68936 17 C 0081 and all follow on or successor contracts for the same and/or simila r work as follows:

Unit: All full-time and regular part-time employees as defined by SCA categories 23022 and 23080, employed by the employer, and working under this contract. Managerial, administrative, guards and all others not specifically called out above are excluded from this negotiation and administrative employees as defined in the Act.

3.2 The Company acknowledges the Union's rights specially designated by the terms of this

Agreement, as the employee’s representative, the Union recognizes its duty to cooperate in any reasonable manner with the Company to support its efforts to assure a fair day’s work by each employee, to cooperate in combating any practices, which decrease efficiency and to maintain standards of quality and service.

3.3 Union Bulletin Boards. The Company will provide Union bulletin boards (or part of a bulletin board) parallel to Company bulletin boards for the Union to post official business of the Union. Legitimate Union notices are defined as:

• Meeting notices

• Official Union election results

• Notices of Union appointments

• Union social events

• All notices not listed above must be approved by Management

3.4 Additions to the work force, in accordance with Article 3.1, (to include new or revised

Classifications) will become bargaining unit employees, provided such jobs are within the bargaining unit.

Article 4.00 REPRESENTATION/STEWARDS

4.1 The Union will select one (1) Union Steward and one (1) Alternate Union Steward from among the full- time employees within the bargaining unit who have completed their probationary period with the Company. The Alternate Union Steward will act in the absence of the Union Steward. The Company shall recognize one (1) additiona l steward for each additional shift, as the Union requires.

4.2 Upon execution of this Agreement, the Union shall promptly furnish the Site

Supervisor in writing, the names of the Stewards and shall thereafter promptly advise the Company, in writing, of any change. No Steward will be recognized by the

Company prior to receipt of such written notice of appointment provided within 10 days of execution of this agreement. These names must be provided to the contract

Program Manager.

4.3 Reasonable time off from work shall be authorized to permit the Steward to carry out his/her responsibilities under the grievance procedure to employees in his/her area of representation, providing such time off will not unduly interfere with the assigned work duties of the Steward or the employee involved. Such time from work during straight- time work hours shall be authorized without loss of pay or benefits.

4.4 The Steward shall secure the permission of his/her supervisor before leaving his/her workstation for purposes of processing grievances, reporting back to his/her Supervisor upon return to his/her workstation. The Steward shall not be denied such permiss ion without good cause. If permission is denied, the Supervisor and Steward will mutua lly establish an alternate time at which the Steward can carry out his/her processing of the grievance.

4.5 Subject to existing security regulations, the Business Representative or other authorized

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 procedure, and ascertaining whether or not this Agreement is being observed. Before doing so, he/she shall report to the Supervisor or other authorize d Company Representative, who shall permit said Representative to enter the Company's premises, provided that such rights shall be exercised reasonably and will not interfere with the normal conduct of the Company's operations. Authorized Representatives of the Union may be escorted by a Company Representative at all times they are on Company premises.

4.6 The Company will excuse Union negotiators from their normal work duties for a reasonable amount of time to prepare for negotiations and for actual negotiations, with reasonable notice from the Union.

Article 5.00 DEDUCTION OF UNION FEES AND PROCEDURE

5.1 Union Payroll Deduction. It is agreed between the Company and the Union that any employee in the bargaining unit defined in Article 2 of this Agreement, who is or may hereafter become a member of the Union, or pays an agency fee, may authorize the collection of Union dues or agency fees by the signing of a payroll deduction form.

The employee's authorization shall be irrevocable for a period of one (1) year from the date they are signed or until this Agreement expires whichever occurs sooner, irrespective of their membership status in the Union.

(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within ten (10) calendar days but not less than three (3) days prior to the date of termination of any irrevocab le period hereof. Such revocation shall be affected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such ten (10) day period.

(b) As allowed by law, all employees in the bargaining unit must, as a condition of continued employment, be either a member of the Union and pay Union dues or pay an agency fee to the Union, but not both.

(c) As allowed by law, all employees within the bargaining unit on the effective date of this Agreement who are not Union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the start of the second full month in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or employees who are rehired with seniority or transferred with seniority into the bargaining unit after the effective date of this

Agreement who do not become Union members, or having become but do not remain Union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the start of the second full month.

(d) As allowed by law, employees who are Union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condit ion of continued employment, while in the bargaining unit and on the active payroll as long as they remain members of the Union; employees within the bargaining unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initia t ion fee and the membership dues exceed the amount specified in the Constitut ion and/or bylaws of the Union.

(e) Any employee required to pay an agency fee, membership dues or initiation or reinstatement fee as a condition of continued employment who fails to tender the agency fee, or initiation reinstatement, or periodic dues uniformly required, shall be notified in writing of the employee's delinquency. A copy of such communication shall be mailed to the Company not later than fifteen (15) days prior to such request that the Company take final action to terminate employment for failure to satisfy obligation.

(f) Deduction of membership dues or agency fees shall be made bi-weekly provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues or agency fees shall not extend beyond the pay period in which the employee's last day of work occurs.

(g) The Company shall issue all Union payments such as Union dues, Political Action

Contributions, etc. via electronic funds transfer process only (Direct Deposit). The

Union shall ensure the Company has been provided with a valid bank account and routing number to set up the process. It will be the responsibility of the Union to submit all changes in bank information to the Company immediately.

(h) The Company shall issue all reports distributed to the Union electronically. Accounts will be established for a focal designated by the Union. It will be the responsibility of the Union to submit all changes in focals to the Company.

5.2 Indemnity. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company which are based on, or arise out of, any action taken by the Company in accordance with, or arising out of, the foregoing provisions of this Article 5.

5.3 During the "in process" or orientation day, for each new hire, the Company will permit the Union Steward, a 15-minute period to talk to the new hire.

Article 6.00 SENIORITY

6.1 Seniority is defined as the length of continuous service on the Contract at Cannon Air

Force Base with the current, predecessor and/or successor contractors. If employees begin their employment on the same day, the employee having the social security number with the lowest last four (4) numbers shall be considered as having the most seniority for tie breaking purposes.

a. Employees who may be transferred into any NAS North Island, MCAS Camp

Pendleton and MCAS Miramar position will maintain their seniority based upon their date of hire into this contract. It is agreed and understood that such an employee shall retain the earlier date of continuous hire with the Company only for the purpose of benefit accruals.

b. The Company will post a seniority list at least once every twelve (12) months (once a year) and will provide the Union a copy upon their request.

6.2 Employees shall be considered probationary for a period of ninety (90) calendar days of active employment from date of hire on the Contract. During this period, the

Company may release such probationary employee as it finds advisable and such action shall not constitute a grievance.

6.3 It is the intention of the company to maintain a productive, qualified workforce at all times, even through periods of reduction in force. Therefore, the senior qualif ied employee, by job classification, will be kept. Recall will be conducted in reverse order of the layoff.

6.4 An employee loses seniority when he/she:

a. Discharged for just cause and is not reinstated.

b. Voluntarily resigns from the Company.

c. Is laid off for a period greater than twelve 12months.

d. Failure by the employee to notify the Company of the employee's intention to return to work in response to a recall notification made via email to both the employee and the Shop Steward within (72) hours of such recall notice or the employee's return to work within fourteen (14) calendar days following the receipt of such notice, unless a longer period is authorized by the Company.

e. If absent three (3) consecutive workdays without reporting or contacting the

Company with a reason sufficient to justify the absence.

f. Fails to report upon expiration of an approved leave of absence.

g. Accepting other employment while on approved leave of absence without prior permission of the Company.

6.5 The Company will post all job openings (promotions/transfers) at Cannon Air Force

Base on their respective company website, for a minimum of five (5) working days. All interested parties are expected to apply for the opening using the company’s normal application process. The selection for the job will be awarded to the senior most qualified person who applies. The Union Steward may notify employees on vacation or approved leave of the opening.

6.6 The Company will notify the Union and the employees affected of pending layoffs at least ten (10) workdays prior to layoff, if possible, to do so; this is dependent as to when the Government notifies the Company, and such notice will be posted.

6.7 Lead Position

1. Employees wishing to apply for a Lead Position(s) must do so on their company website.

2. Leads will receive $1.75 more per hour on top of their regular pay.

Article 7.00 LEAVES OF ABSENCE

7.1 MILITARY LEAVE: Military leaves of absence will be granted to employees covered by this Agreement for periods of short-term active duty when called to active duty for service with a reserve unit of the Armed Forces or the National Guard. Such short- term active duty (30 days or less) shall include annual active duty training. Such employees shall receive differential pay between their military base rate and their Company base rate of pay exclusive of any premiums for up to ten (10) scheduled working days per calendar year. Employees must present a copy of their orders to the Company (2) two weeks prior to absence. Upon return from active duty, employees shall immediate ly, upon receipt of the military pay statement, provide to the Company a copy to serve as the basis for compensation. Employees required to report for military active duty in excess of thirty (30) consecutive days shall be reinstated in accordance with current applicable state and federal law concerning active military service.

7.2 PERSONAL MEDICAL LEAVE: Personal medical leave will be granted in accordance with the Family Medical Leave Act, Company policy.

7.3 Limited unpaid personal leaves of absence may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be for not less than five (5) workdays and not more than thirty (30) calendar days.

Request for unpaid personal leave of absence must be made in writing and must receive approval by the Company. Accrued vacation must be used before any leave will be approved. The Company may approve a maximum of two (2) extensions. However, if the employee does not return to work after the personal leave of absence, the employee shall be terminated.

a) Paid Leave hours are not earned while on a leave of absence under the provis ions of this article.

b) Health insurance may continue for a maximum of sixty (60) days provided the employee pays his/her portion of the premium at least ten (10) days prior to the next month's insurance coverage.

7.4 Leaves of absence without pay for Union business will be granted to Bargaining Unit employees of the Company, not to exceed two (2) weeks, who are elected or appointed by the Union, to attend such functions as conferences, conventions, and union educational courses, provided at least five (5) workdays advance noticed is given in writing to the Company, if possible to do so. However, not more than two (2) employees may be on such leave at any time.

Article 8.00 HOLIDAYS

8.1 The Company observes the twelve (12) holidays listed below:

8.2 An employee who is not required to work on one of the designated holidays mentioned above, will be compensated for the holiday at his/her straight time rate, provided he/she is on the active paid status/paid time during that week.

8.3 Any observed holiday stated above, that falls on a Saturday or Sunday, will be observed under the same schedule observed by the Federal Government.

8.4 Any employee required to work on any of the above required holidays will be paid for hours worked at one and one-half times his/her normal straight time rate in addition to the eight

(8) hour holiday pay. Floating holidays do not count as required holidays.

8.5 When a holiday, as defined in this agreement, falls within an employee's vacation period, such holiday shall not be charged as vacation hours.

8.6 Floating holidays can be used anytime that is mutually agreeable to the employee and management.

8.7 In addition to the above required holidays presently recognized, the company agrees to observe any holidays declared as a legal holiday by Congress and observed by COMFRC.

1. New Year’s Day 7. Columbus Day

2. Martin Luther King Day 8. Veterans Day

3. Presidents Day 9. Thanksgiving Day

4. Memorial Day 10. Christmas Day

5. Independence Day 11. Floating Holiday

6. Labor Day 12. Floating Holiday

Article 9.00 PAID LEAVE (PL)

9.1 For PL time purposes, all employees will be entitled to be paid leave which will be based upon years of service on this FRC-SW contract at Cannon Air Force Base or with the Company, whichever is earlier and each anniversary date thereafter, shall be the reference point for accrual of PL time. Employees will be credited with PL time as follows:

Years of Service Bi-Weekly

Accrual

Annual

Accrual

Maximum

Accrual

Zero (0) but less than Three (3) 5.52 hours 143.52 215 hours

Three (3) but less than Eight (8) 7.12 hours 185.12 278 hours

Eight (8) or more years 8.64 hours 224.64 337 hours

Accruals are b i- weekly, from the first week of service. When an employee moves to the next level of accrual, it is understood that the new accrual rate will begin on the first day of the next full pay period.

The intent of this provision is to cause each employee to use the PL for time off.

Employees denied PL time shall not lose payment for PL time. Employees must complete their probationary period to be eligible to schedule PL time.

All PL time will be paid at the employee’s regular rate of pay.

PL time may be utilized for sickness, medical appointment or personal reasons in minimum increments of one-half (.5) hour. When the employee desires to use PL time for reasons other than illness, injury, family days or inclement weather, such time off must be requested in advance for approval of the Site Supervisor.

Leave without pay (LWOP) will not be approved if the employee has accrued paid leave available to use. LWOP will only be approved in the absence of a paid leave balance.

9.2 For the purpose of accruing PL time, a credited bi-weekly period shall be defined as follows:

Any bi-weekly period in which an employee is paid by the Company for time worked, which will also include holiday pay, jury duty pay, military pay differential, and/or funeral leave pay.

9.3 All unused accrued PL time up to the maximum accrual will be paid out upon termination/retirement or death.

Article 10.00 HOURS OF WORK/OVERTIME

10.1 Employees will work Monday through Friday, between the hours of 0700 and 1530, with

Saturday and Sunday as their two normally scheduled consecutive days off.

During the course of this labor agreement, the Company may request from the Union consideration for a four, ten-hour days schedule.

10.2 The Company will permit all employees to take twenty (20) minute paid rest period, the first half of their shift and a twenty (20) minute rest period the second half of their shift.

10.3 Each employee shall have an unpaid lunch period of 30 minutes during his/her shift.

10.4 The Company shall determine overtime assignments based on customer needs and skill requirements; no overtime will be assigned without the approval of proper supervisory personnel of the Company. Before requiring employees to work overtime, the Company will request volunteers from among the employees holding the designated job classification and qualifications in which the overtime is to be worked. If not enough volunteers are obtained, the supervisor shall make the decision of who works overtime based on operational requirements.

10.5 Overtime shall be paid for hours worked in excess of:

1. Forty (40) hours per workweek at one and one-half (1½) times the employee’s straight time hourly rate.

2. Overtime at one and one-half (1 ½) times the employee’s straight time hourly rate will be paid for hours worked in excess of 40 hours.

10.6 It is the duty of every employee who, for any reason, will be absent from work for a scheduled work shift, or who expects to report for work late, to notify their Site

Supervisor of the reasons for such absence or tardiness, as far in advance of the scheduled starting time if it is possible to do so, indicating when they expect to report for work.

If unable to talk with their Site Supervisor, the employee shall leave a message on their supervisor's voice mail stating the date, time of call and reason for his/her absence.

After exhausting the aforementioned communication tools, an email will be acceptable.

10.7 All-time worked and the ten (10) paid federal holidays that are defined in Article 8.1 shall be considered for the purpose of overtime calculations.

10.8 The payroll work week begins in accordance with company policy.

Article 11.00 ABSENCE FROM WORK

11.1 Employees shall not leave work prior to the completion of their scheduled hours without prior permission from proper supervisory personnel.

11.2 Employees shall not be absent from work without notice to their Supervisor, except in cases of illness, injury or reasons beyond the control of the employee.

11.3 It is the duty of every employee who, for any reason (except PL requests without prior approval), who will be absent from work on a scheduled workday, or who expects to report for work late, to notify the Company. Such notification shall be at least thirty (30) minutes prior to the start of the shift or no later than or up to two (two) hours after start of shift. Refer to 10.6.

11.4 The Company shall provide a copy of the employee handbook to all employees.

11.5 Should an employee not have proper cause for failing to report for work or failing to report on time or for failing to report the reason, therefore as provided herein, such failure may be considered for disciplinary action.

Article 12.00 GOVERNMENT SECURITY/RESPONSIBILITY

12.1 The Company and 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.

12.2 The Union and the Company recognize that employees covered hereby are performing services for the U.S. Government, in U.S. Government facilities, and by use of U.S.

Government equipment. The Company is not authorized to maintain, modify or repair such government facilities and equipment, except as contractually directed. It shall be the Site Supervisor’s responsibility to work with the proper base personnel to ensure a safe and healthy environment.

12.3 Each employee shall be responsible for the reasonable care of the customer and/or Company furnished property or material, and will notify the Company of any sabotage, or willful damage to Company, customer or employee property or material.

12.4 It is understood by and between the parties hereto, that as a necessary condition of employment, employees shall be subject to investigation for security clearances, base access, special access requests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the U.S.

government on government work. Failure to apply, maintain or gain a security clearance, base access, and/or the denial or permanent loss of required clearances and unescorted entry authorization by such governmental agency may be cause for release from the Company, due to inability to meet job requirements.

12.5 The Company will reinstate the seniority of an employee whose denied base access or security clearance is reinstated by the U.S. government provided, such reinstatement occurs within forty five (45) days from the original date of denial. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

In those cases where reinstatement occurs later than forty-five (45) days, the employee will be reinstated to the previously held occupational title where a vacancy exists, or any lower classification he/she is qualified in where there is a vacancy, so long as such reinstatement does not occur more than six (6) months from the date the employee left the Company and the employee was in good standing. It is understood and agreed, that determinations by the Government as to an individual's suitability for access due to security reasons are not reviewable via the Grievance/Arbitration procedures provided in this Agreement.

Article 13.00 NO STRIKE - NO LOCKOUT

13.1 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 efficient and uninterrupted services must be furnished by those agencies that have need of, and make use of, the capabilities of the Company. Therefore, the parties agree that during the term of this

Agreement:

a. The procedure provided for herein, for the settlement of grievances arising under this

Agreement, may serve as the means for the settlement of disputes that may arise between the Parties. However, nothing in this section, or any other section of this Agreement, limits the Company's or the Union's right to seek and receive legal and equitable relief in the event of the breach of the No Strike - No Lockout provision, including but not limited to, injunctive relief prohibiting any lockout, strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interfere with any of the operations of the Company.

b. The Union (its officers, and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing or any other action which deliberately interferes with any of the operations of the Company.

c. Any employee or employees, individually or collectively, who shall cause, encourage, or take part in any violation of this article, or any activities prohibited by this article, may be immediately discharged, or subject to other disciplinary actions as the Company may unilaterally consider appropriate. Any such disciplinary action shall be subject to the grievance procedure and arbitration procedure as defined herein. If it is determined under the established grievance/arbitration procedure that such an employee(s) did participate in such an action, in violation of this provision, the disciplinary action taken shall not be altered. If the decision under the grievance and arbitration procedure is that such an employee or employees did not participate in such acts, the redress shall be as determined by the grievance/arbitration procedure and limited to "making whole" the individual employee involved, if warranted.

d. In the event of a violation of this article, the Union (its officers, agents and members) individually, and collectively, agree that it will use its best efforts and end such prohibited conduct, taking actions including:

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

2. Immediately notify all employees in writing that such prohibited conduct is in violation of the Agreement.

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

4. Make every other reasonable effort to have employees cease such acts as prohibited.

The Company agrees that it will not engage in any lockout of employees during the term of the Agreement.

Article 14.00 BENEFIT PLANS

14.1 The Company will, beginning with the effective date for economic items, mainta in and contribute to the cost of health care coverage for full-time bargaining unit personnel.

An employee is eligible for fringe benefit contributions towards the health care coverage as of the first day of employment.

The Company anticipates that continued legal changes and guidance provided for under the Patient Protection and Affordable Care Act of 2010 may continue to have a material impact on health care coverage. Therefore, it is agreed that the Company may change insurers, vendors or plan design of any components of the health care coverage, which includes coverage for medical, prescription, employee assistance program ("EAP"), dental and vision coverage for employees and covered dependents during the life of this Agreement. The reason or reasons for such changes will be explained to the Union by the Company. Any such benefit change will provide the same coverage/design as the incumbent plan or as close thereto as possible. Any significant change in the plan benefits or increase in the rates will be made by mutual agreement of the Company and the Union by renegotiating this Article 14.00.

14.2 Each employee will be eligible to participate at his or her own full cost in other elective benefits available through the Companies medical providers.

14.3 For the health and welfare of employees, the company shall pay the amount indicated below for all hours paid (to a maximum of two thousand eight (2080) per year, up to forty

(40) hours paid per week:

The following H&W rates will become effective on the first full pay period after the effective dates.

Current 1/1/2020 1/1/2021 1/1/2022

$4.48 $5.75 $6.00 $6.25

14.4 In order to opt-out of the company-sponsored medical insurance plan, the employee must provide proof of insurance from one of the following plans: Tricare, VA, Spouse’s employer plan, other retirement plan (federal government, etc.)

14.5 The company will provide up to $75.00 per month towards Machinists Custom Choice

Benefits (as stated in Appendix “D”)

Article 15.00 RETIREMENT

15.1 The Company will provide all full-time employees covered by this Agreement an opportunity to participate in a qualified defined contribution plan in accordance with individual company plan documents.

15.2 The Company shall make up to a four percent (4%) matching contribution based on the employees elected deferrals.

15.3 Employees may also make elective pre-tax contributions to the plan up to the maximum amount permitted by law, including catch-up contributions.

Article 16.00 DISCHARGE AND DISCIPLINE

16.1 It is understood and agreed the Company may only discipline or discharge any employee covered hereby for just cause. Should an employee feel such action improper and in violation of the employee's rights under this Agreement, the employee shall be extended all the rights and privileges accorded by the Grievance and Arbitration procedures contained herein, provided the employee has completed the probationary period defined in the seniority article of this Agreement.

16.2 Employees are subject to a four (4) step progressive discipline process. Process includes:

1. Verbal warning - first offense; expunged after six (6) months.

2. Written warning - second offense; expunged after twelve (12) months.

3. Suspension - third offense; could lead to 1 – 3-day suspension without pay based on the egregiousness of the offense.

4. Termination - fourth offense.

Certain offenses, such as serious safety/security violations constitute a higher-level offense. Offenses are subject to a rolling twelve (12) month timeframe for removal and step process.

16.3 It is understood and agreed that any disciplinary action issued to an employee by the Company shall be issued within twenty (20) calendar days following knowledge by the Company of the occurrence of the alleged violations. The above specified time limit may be extended by written mutual agreement of the parties.

16.4 In all cases where an employee is being discharged, suspended, or will be receiving a written warning notice or written reprimand, the employee shall be advised of his/her right to Union representation and to have a Union Steward present. The Company will honor such requests. In cases involving suspension or discharge, the employee shall be provided a reasonable amount of time to discuss the matter with his/her Union Steward prior to leaving the premises, except in the cases where a Steward is not available at the site or the continued presence of the employee would be disruptive.

Article 17.00 GRIEVANCE AND ARBITRATION

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

17.2 Except for payroll adjustment, no grievances shall be filed or processed based on facts or events, or omissions within the employee's knowledge which have occurred more than twenty-three (23) working days (thirty working day while on travel) before such grievance is filed. Both parties agree to exert an earnest effort to settle such grievance promptly through the following steps:

Step 1. The employee involved shall first confer with his Supervisor in order to amicably settle the matter, provided the Steward has been given an opportunity to be present.

Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work. If the dispute is not resolved amicably then the employee or Steward may file a grievance. Within three (3) workdays after receipt of grievance the Supervisor shall submit a written answer to the affected employee or Steward.

Step 2. If the grievance is not settled in Step 1, the Union Steward may take the written grievance and submit it to the Company's Site Supervisor or designee within five

(5) workdays of receipt from 1st Step Answer. The Union and the Company will attempt to settle/resolve the issue. Both the Union Steward and Site Supervisor or designee shall either meet in person or by telephone within five (5) working days.

If the issue is not resolved, the Site Supervisor or designee has ten (10) days to submit his/her answer, to the Union Steward.

Step 3. If not settled/resolved at Step 2, the Union may submit the grievance to the

Company's Program Manager, or designee, within five (5) working days. The Company's Program Manager, or designee, and the Union's Business

Representative or designee, will meet in person or by telephone conference within ten (10) workdays and attempt to resolve any grievance. If unable to resolve the grievance, the Program Manager, or designee, shall submit a written answer to the

Union within five (5) workdays.

Step 4. The Union's Business Representative may submit, within ten (10) workdays following the Company's Step 3 Answer, written notice to the Company Manager of Labor Relations of its intent to arbitrate. The Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each party. The remaining arbitrator after alternating strikes will be the arbitrator. The Union will notify the Arbitrator of his selection and will coordinate schedules between the Company, Arbitrator and Union. The cost of the Arbitrator will be shared equally among the parties. The Company and the Union will continue to attempt to resolve the grievance prior to arbitration.

The arguments before the Arbitrator will be oral, written or both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement. The Arbitrator's authority is to interpret and apply provisions of this

Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence presented at the hearing and the Collective Bargaining Agreement. The parties may file post-hearing briefs. The Arbitrator shall render his decision within thirty

(30) days of the close of the hearing or receipt of the briefs. The Arbitrator's decision shall be in writing. The award shall be delivered or mailed to each party.

The decision of the Arbitrator shall be final and binding on all parties. In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the

Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees of costs of the Arbitrator shall be shared equally by the parties. The Arbitrator may record the proceedings or request a court reporter. Such costs, if any, shall be borne by the Arbitrator.

No more than one (1) grievance shall be submitted to the same Arbitra tor, unless mutually agreed by the parties.

All time limits shall be strictly adhered to and may only be extended by mutua l agreements of the parties.

17.3 Any monetary award shall be limited to the actual loss incurred by the grievant, less such other compensation, including wages, commissions, worker's compensation and unemployment compensation, as the grievant may have received or which may be due to the grievant for the designated award period. In no event shall the Company be penalized or in any way be liable for any monetary award or grievance settlement prior to sixty (60) days preceding the date of filing of the grievance.

Article 18.00 BEREAVEMENT LEAVE AND JURY DUTY

18.1 Bereavement leave will be granted up to three (3) days paid to attend the funeral of immediate family members as follows:

Those traveling over 600 miles may request an additional two (2) paid days.

Immediate family is defined as mother, father, stepmother, stepfather or legal guardian, sister, brother, spouse, daughter, son, stepdaughter or stepson, grandmother, grandfather, great grandmother, great grandfather, grandmother- in- law, grandfather-in-law, mother- in- law, father- in- law, sister- in- law, brother- in- law, stepsister, stepbrother or grandchildren/step-grandchildren and great grandchildren/step- great grandchildren, aunts, uncles or any other relative who resides in their domicile.

18.2 Employees may use PL time, for which they are eligible, for extended travel for bereavement.

18.3 Jury duty - Employees shall provide the company with a copy of the summons as soon as possible. Employees absent due to jury service will be paid their straight time rate of pay on their regular pay schedule. This pay shall not exceed ten (10) days in any twelve (12) month period. In no event shall jury pay for time lost be made for jury duty performed on the employee's regularly scheduled day off, holidays as defined herein, or for hours in excess of eight (8) hours per regular work day or hours in excess of forty (40) per week.

Employees required to serve on jury duty will be considered to be on day shift for all days served on jury duty and will not be required to return to work on either the swing or graveyard shift.

18.4 Prior to the election day, an employee who is a registered voter and scheduled to work all hours the voting booths are available, may request to be granted two (2) hours off at the beginning, middle or end of their standard daily work schedule to vote in a national, state, or local election. The employee shall arrange with the Site Supervisor to take such time off at a time when the polls are open and when it will least interfere with the operation of the Company. The Site Supervisor, at their sole discretion, will decide when the time off will occur. Such time will be paid time.

Article 19.00 WAGE RULES

19.1 The Company shall pay the scale of wages included in Appendix A, made a part hereof.

19.2 For the purpose of this Agreement, an employee's straight time hourly rate of pay is defined as the employee's base hourly rate of pay as listed in Appendix A plus all premiums and differentials agreed to in this Agreement, including an additional longevity pay of 2% to employees with 10 or more years at the FRC Southwest program; these percentages are in addition to the base rate of pay.

19.3 Employees temporarily promoted to a higher job classification shall receive the rate of the job classification they are temporarily assigned to. They shall, upon return to their prior classification, assume the rate held prior to the temporary assignment as directed. An employee temporarily assigned to a lower paying job will continue to receive their normal rate of pay.

19.4 When a temporary or regular situation occurs, such as loss of funding, or transfer of work on the site, that would cause a reduction in any job classification, the junior employee(s) in the classification, will be offered the opportunity to displace the least senior employee(s), in descending order of pay grade. Senior employees may bump into another job classification provided they are qualified.

Article 20.00 SAFETY EQUIPMENT

20.1 Employees shall be provided with required safety gear; including protective hearing protection, head gear, safety glasses, goggles and gloves. The Company will comply with all state workers’ compensation as applies to on-the-job injuries. It is the intent of the

Company to maintain safe and healthy conditions as necessary to protect employees from injury, and it is the desire of the parties to maintain high standards of safety in order to eliminate, as far as possible, industrial accidents and illnesses.

20.2 The Company will reimburse employees covered by this agreement up to $200.00 annually for the purchase of safety shoes and/or prescription safety glasses upon presentation of a receipt.

Article 21.00 TEMPORARY ALTERNATE WORK

21.1 With the approval of the customer, the Company may provide a Temporary Alternate Work (TAW) program to Bargaining Unit employees who are unable to perform their normal work assignments due to an illness/injury. The intent of which is to assist

Bargaining Unit employees, by providing them with an opportunity to continue gainful employment under the provisions of the Collective Bargaining Agreement, but not to impede the recovery process of their illness or injuries, provided the Company has the work available and is able to accommodate the employee's medical restriction.

21.2 The TAW assignment may be Bargaining Unit or non-Bargaining Unit work. The employee will receive his standard contractual hourly wage and benefits regardless of work performed. The employee's start time will be in accordance with the Collective

Bargaining Agreement. Employees on TAW will not displace other employees or adversely affect their seniority.

21.3 The Company, including the Site Supervisor, Human Resources personnel and Corporate

Worker's Compensation personnel will continue the Company's practice of working with employees and their physicians to attain the intent of this Article.

Article 22.00 GENERAL

22.1 It is understood and agreed that this Agreement shall supersede any and all agreements, existing or previously executed between the Company and any individual covered by this

Agreement.

22.2 The waiver of any breach of any of the provisions or terms of this agreement by either party does not constitute a precedent for future waiver or enforcement of such breach.

22.3 In the event that any provision of this Agreement shall be or becomes invalid by reasons of any Federal, State, county, municipal or, military law or regulation or a court of competent jurisdiction, it shall be suspended while such law, regulation or court decree is in force and the remaining provisions of the Agreement shall not be affected thereby.

22.4 Employees covered by this Agreement shall be…