N6945023R0075_CBA-2021-132.pdf

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Mark Dunning Industries, Inc. (MDI)

C.B.A Between

AND

CBA: Kings Bay, GA Page 1

Collective Bargaining Agreement Between

Government Contracting Resources, Inc.

315 Page Road

Pinehurst, NC 28374

Employer at

Naval Submarine Base Kings Bay, GA

And

Transport Workers Union of America, AFL-CIO Local 526

107-B Industrial Drive St. Mary’s, GA 31558

Effective October 1, 2012 through September 30, 2015

TWU 526

TRANSPORT WORKER’S UNION OF AMERICA,

AFL-CIO

EFFECTIVE OCTOBER 1, 2020

Mark Dunning Industries, Inc. (MDI)

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 INTENT AND PURPOSE OF AGREEMENT

ARTICLE 2 RECOGNITION

ARTICLE 3 MANAGEMENT’S RIGHTS

ARTICLE 4 NONDISCRIMINATION

ARTICLE 5 NO STRIKE-NO LOCKOUT

ARTICLE 6 UNION DUES DEDUCTION

ARTICLE 7 SENIORITY

ARTICLE 8 WORK WEEK/REPORTING/SHIFTS

ARTICLE 9 HEALTH & WELFARE PACKAGE

ARTICLE 10 HOLIDAYS

ARTICLE 11 VACATIONS

ARTICLE 12 MILITARY SERVICE

ARTICLE 13 JURY DUTY

ARTICLE 14 LEAVE OF ABSENCE

ARTICLE 15 OVERTIME COMPENSATION

ARTICLE 16 WORK CLOTHING AND TOOLS

ARTICLE 17 SEASONAL EMPLOYEES

ARTICLE 18 GRIEVANCE PROCEDURES

ARTICLE 19 ARBITRATION

ARTICLE 20 ABSENCE FROM DUTY

ARTICLE 21 GENERAL AND MISCELLANEOUS

ARTICLE 22 SAFETY

ARTICLE 23 DISCIPLINE PROCEDURE

ARTICLE 24 DEFINITIONS

ARTICLE 25 VARIANCE WITH PREVAILING WAGE RATES

ARTICLE 26 DURATION

ARTICLE 27 EFFECTIVE HOURLY RATES

ARTICLE 28 APPROVALS

PREAMBLE

THIS AGREEMENT is entered into this first day of October 2020 by & between MARK DUNNING INDUSTRIES, INC. (MDI), its successors and assigns, (hereinafter referred to as the Company), at the Kings Bay Submarine Base, in St.

Marys, Georgia, and THE TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, LOCAL 526, their successors and assigns, (hereinafter referred to as the Union), as the sole and exclusive representative for collective bargaining of the employees covered by this Agreement.

ARTICLE 1

INTENT AND PURPOSE OF AGREEMENT

It is the intent and purpose of this Agreement to assure sound and mutually ben-eficial industrial and economic relationships between the parties hereto, to pro-vide an orderly and peaceful means of conducting negotiations and resolving any misunderstanding or grievances, and to set forth the basic agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment.

The Union, the Company, and all the employees are bound by and hereby pledge their cooperation in observing all provisions of this agreement. This Agreement shall be binding upon the parties hereto, their successors and assigns and no pro-visions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect by the consolidation, merger, sale, transfer, successions or assignment of either party, or affected, modified altered or changed in any re-spect by a change of any kind in the legal status, ownership or management of either party.

ARTICLE 2

RECOGNITION

The National Labor Relations Board having duly certified the Transport Workers Union of America, AFL-CIO, on the 8th day of June, 1981, in Case No. 10-RC- 12293, 10-RC-12298, the Company now recognizes the Union in accordance with Section 9 (a) of the National Labor Relations Act, as amended, as the sole and exclusive bargaining agent for all full time and seasonal employees employed at their service and maintenance operations at Kings Bay Submarine Base, St.

Marys, Georgia but excluding all office clerical employees, managerial employ-ees, and supervisors as defined in the Act.

ARTICLE 3

MANAGEMENT’S RIGHTS

The management of the Company and the direction of its working forces includ-ing but not limited to the rights to determine whether to establish new jobs, abolish or change existing jobs, increase or decrease the number of jobs and employees, change materials, processes, products, equipment and operations, shall be vested exclusively in the Company. The Company shall be the sole judge of applicants for employment, their qualifications and physical fitness. Subject to the provisions of this Agreement, the Company shall have the right to schedule and assign work to be performed and the right to hire and rehire employees, discipline or discharge for any cause not in violation of this Agreement, transfer or layoff of employees because of lack of work or other legitimate reasons. The Company reserves and retains in full and completely any and all management rights, prerogatives and privileges except only as specifically limited by this Agreement or by applicable federal, state or local laws.

ARTICLE 4

NONDISCRIMINATION

Section 1. The Company agrees it will not discriminate against any employee be-cause of membership in the Union or participation in the Union’s lawful activities.

Nor shall the Company discriminate against any employee or group of employees for presenting to the Supervisor any complaints, disputes, or grievances, in the manner provided under Article 18, “Grievance Procedures”.

Section 2. The Union agrees that neither it nor any of its officers or members will intimidate or coerce employees to membership in the Union, and the Company agrees that neither it nor any of its supervisors will intimidate or coerce employ-ees into not rejoining the Union.

Section 3. In accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees re-gardless of sex, age, color, race, creed, national origin, veterans, Vietnam veter-ans, or disability in accordance with applicable state and federal laws.

ARTICLE 5

NO STRIKE-NO LOCKOUT

Neither the Union nor any employees covered by this Agreement shall authorize, encourage, or engage in any strike or slowdown or otherwise interfere with work or with the company’s business during the term of this Agreement. Subject to compliance with the preceding sentence, the Company shall not lockout its em-ployees during the term of this Agreement.

ARTICLE 6

UNION DUES DEDUCTION

Section 1. All employees, as a condition of employment, shall be required to make periodic tender of money to the Union in an amount not to exceed the cost of col-lective bargaining and representation. The first such tender to be made within fif-teen (15) days following the ninetieth (90th) day of employment by the Company or the effective date of this Agreement, whichever is later. Failure of an employee to comply with this requirement shall, upon written request of the Union, result in the termination of such employee. This section shall not preclude any employee who wishes to voluntarily become a member of the Union from doing so.

Section 2. It is understood and agreed that this Article in no way requires the em-ployee to become or remain a member of the Union as a condition of employment.

This provision shall not apply if such requirement for continued employment is prohibited by law. If the terms of this Agency Shop are in the future, declared unlawful by a court of competent jurisdiction, the provisions of the Article shall not apply.

Section 3. The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost or expense arising out of the discharge of any em-ployee/or deductions made pursuant to this Article, and the Company shall not be required to make any investigation of, but shall be entitled to rely on any represen-tation made by the Union with respect to the discharge of any employee for failure to comply with the requirements set forth in Section 1 of this Article. In the event it is determined by any proper judicial or quasi-judicial forum that any employee was improperly discharged or a deduction(s) improperly made by the Company acting on the Union’s advise, the Union will indemnify and hold the Company harmless from all claims.

Section 4. The Company agrees to deduct each month, the regular monthly union dues and/or initiation fees, as provided for in Sections 1 and 6 of this Article, commencing with the dues deduction for the authorized month, required as a con-dition of continuing employment, from the pay of those employees who are covered by the terms and conditions of the Collective Bargaining Agree-ment, and who are employed during said month, and who shall have executed and furnished the Company an authorization in the form furnished by the Union, appearing as Exhibit “A” attached to this Agreement and made a part thereof. The Union shall furnish the Company a letter stating the union dues formula to be used in these deductions. Such a letter shall be in effect to the end of the Agreement unless modified by the Union. If mutually agreeable between the Union and the employee, the employee may make arrangements to pay his dues.

Section 5. The Union shall furnish the Company by the 15th day of each month any authorizations, which have been executed. As provided in the authorization form it shall contain the name, signature and social security number of the em-ployee executing the form.

Section 6. The Company shall deduct one-half dues from the first pay period, and one-half dues from the second pay period received each month by the employ-ee, provided that deduction has been properly authorized as outlined above, and provided further that sufficient earnings remain to cover the Union dues after the deductions required by law and such deductions shall continue in like manner thereafter, except as qualified herein.

Section 7. The Union accepts all responsibility for the authenticity of each of said authorizations and said authorizations, which are incomplete or in error will be returned to the Union immediately for correction.

Section 8. In cases where deductions for dues are made from the pay of any em-ployee who has previously paid such dues, the union will make refund directly to such employees.

Section 9. Deductions shall be remitted no later than the 25th day of each month in which the deductions are made to the financial officer who shall be properly designated by the Union. The Company shall also furnish each month to the local financial officer two (2) copies of a list of those employees for whom dues deduc-tions have been made.

Section 10. The Union may designate in writing one credit union to which em-ployees may allot funds by payroll deductions.

ARTICLE 7

SENIORITY

Section 1. New employees regardless of classification shall be considered on pro-bation for a period of ninety (90) days from the date of hire. The Union and the Company recognize the requirement for TNAC and/or security clearance as a condition of employment and further acknowledge failure to obtain the required clearances will result in termination of employment. Any employee may be termi-nated during his probation period without recourse to the grievance or arbitration procedures.

Section 2. Seniority, for bargaining unit employees only, shall commence with the date of placement on the payroll of the Company under this Agreement in any classification hereunder.

Section 3. If a reduction-in-force (RIF) is necessary, based on the full time se-niority date, the least senior qualified employee in the affected classification will be notified of his impending layoff and will be permitted to bump laterally a less senior employee occupying a position for which he is qualified, except employ-ees in a probationary status in that classification at Kings Bay Support Project (KBSP). A less senior employee in a lower classification may also be bumped by a more senior employee, provided they meet the qualifications discussed in the job description. Any employee who is bumped shall have the right to bump a less senior employee occupying a position for which he is qualified. In the event two or more employees are hired on the same day, the most senior employee will be determined by using the last four digits of his respective social security numbers, the most senior being the employee with the lowest number

Section 4. Seniority rights of an employee who, on the date of his layoff, has one year or more of compensated service under this Agreement shall terminate if he is not recalled within twelve (12) months after layoff.

Section 5. Re-employment after a layoff shall be in accordance with the seniority of the employees laid off to the extent that they are qualified. The Company shall send a notice of rehiring by certified mail to the last address on file, and, if the employee fails to report to work within five (5) working days after registry date of recall letter, he shall lose all seniority rights. Each employee is responsible for providing a current address and telephone number at which he or she may be reached in the event the Company needs to contact the employee. A notice or correspondence mailed to the employee’s address of record is presumed to be received by such employee. In the event of a notice of recall, failure to respond to such notice within five days of the date of the certified letter of notification results in loss of that employee’s seniority rights.

Section 6. Seniority shall govern choice of days off, when not rotated, and vaca-tions within each shop or other working unit.

Section 7. Seniority lists of the employees in classifications shall be furnished to the Union one (1) month after the signing of this Agreement. An updated list shall be furnished to the Union by the Company monthly. The Company will send the Union notification of terminated employees as the termination occurs.

Section 8. Before any new employee is hired in any classification, employees of that same employer covered by this Agreement shall be given an opportunity to qualify for such job openings in accordance with their seniority. All job openings in all labor grades shall be posted conspicuously for three (3) days. Any employee wishing to fill a job opening may notify the Company in writing. The senior, most qualified, employee shall be awarded the opening. An employee who accepts a promotion or lateral transfer is not eligible for another position for a period of six (6) months unless they are affected by a RIF. The Company agrees not to use seasonal employees to supplant the existing workforce.

Section 9. An employee, who is discharged for cause, accepts employment with the Company under another collective bargaining agreement, or who resigns from the service of the Company, shall lose all seniority rights.

Section 10. A nonunion employee going to a Union position will retain his origi-nal KBHD for vacation accrual purposes.

Section 11. If, in the Company’s discretion, an immediate recall is necessary, the Company may call upon the laid off employees, either personally or by telephone, until an employee who is able to return to work is contacted. In such case, the em-ployee able to immediately return to work will be given a temporary assignment not to exceed five (5) workdays.

ARTICLE 8

WORK WEEK/REPORTING/SHIFTS

Section 1. The workday shall consist of a twenty-four (24) hour period beginning at 12 o’clock midnight, and a regular day’s work shall consist of eight (8) con-secutive hours, exclusive of meal periods. Morning and afternoon breaks shall be: During the growing season there will be one ten (10) minute break during the morning and one ten (10) minute break during the afternoon. During the off-sea-son, there will be one ten (10) minute break during the morning. In the event a dispute arises concerning the length of the workday as it relates to lunch period, the Company may implement its requirement if agreement cannot be reached and the Union is free to bring the issue forth under the grievance procedure.

Section 2. The normal week shall consist of seven (7) consecutive days beginning at 12:01 am on a specific day for each employee, and the regular weekly work schedule shall consist of five (5) work days of eight (8) hours each, exclusive of meal periods, in his work week. Pay periods shall begin on a specific day and employees shall be paid biweekly.

Section 3. Each employee shall be scheduled as normally to be off duty the last two (2) consecutive days of their workweek if operational requirements permit.

Section 4. Where employees are required to maintain continuous operations of departments or assignments, days off may be fixed or rotated consistent with oper-ational requirements. The Company will make every reasonable effort to arrange work schedules so that maximum number of employees will be off duty on Saturdays and Sundays consistent with operational requirements.

Section 5. All hours worked in a continuous tour of duty, including overtime shall be considered as work performed on the workday and shift within which the tour of duty is started.

Section 6. Changes in hours or assignments to shifts may be made whenever necessary. Except in emergency, five (5) days notice shall be given in advance such changes.

Section 7. In the establishment of changing of the starting time for the commence-ment of shifts, the Company will consider, among other items, the desires of the employees involved.

Section 8. Any employee notified by the Company to report for work on a day where an Act of God occurs or is forecast, shall receive a minimum of four (4) hours pay if he reports for work. Radio notification given at least two (2) hours prior to the regular starting time of the shift not to report shall be presumed con-clusively to have been received by all employees to whom such notification is directed. Any employee affected by such notice who thereafter reports shall not be entitled to pay.

Section 9. An employee hereunder who is required to report for a regular tour of duty without being given at least seven and one-half (71/2) hours off after the completion of the previous regularly scheduled tour of duty, including overtime shall be paid at the applicable overtime rate for all time worked during the second regular tour of duty.

Section 10. Hours of work shall be computed to the nearest 1/10 of an hour.

ARTICLE 9

HEALTH & WELFARE PACKAGE

Section 1. The Company agrees to pay for each of its full-time employees One Thousand Two Hundred Seventy Five dollars ($1,275 ) a month for a welfare package with a $50.00 per month increase in each of the four (4) succeeding years of this agreement. Payment will be made to the TWU Welfare Plan as agreed.

Full-time employees are defined as all employees who are regularly scheduled to work thirty-five (35) or more hours per week. All other employees are considered seasonal employees.

If the TWU Health and Welfare Plan’s rates increase over current rates during the lifetime of this agreement the Company and the Union may seek alterna-tive vendors to provide comparable services. The Company and the Union will jointly accept the vendor that provides the best service at the best rate.

(a) Monthly company payment amounts to TWU Welfare plan; (year 1 is 10/1/2020) Year 1 - $1275.00, Year 2 – $1325.00, Year 3 – $1375.00, Year 4 – $1425.00, Year 5 – $1475.00

Section 2. An employee who has been granted a leave of absence may continue to participate in the insurance plan at his own expense. (Also under Article 14)

Section 3. Full time employees will be eligible to participate in a 401(k) plan administered by the Company’s retirement plan administrator. Effective October 1, 2012 the Company will contribute three percent (3%) of each full time employ-ee’s base pay into the above plan. The Company will contribute an additional 2% if the employee contributes at least 2%.

Section 4. Each full time employee will be granted twelve (12) paid personal days off (PDO) each year in addition to his paid holidays and paid vacation. These PDO (8 hours a day) are earned at the rate of One (1) day per month. Award of the earned PDO is made the first day of each month for the preceding month. An employee may select any PDO he desires to take off, provided he has sufficiently earned credit to support this request and, provided further that each request is made in writing on an approved form submitted to the employee’s imme-diate supervisor at least five (5) days in advance of the date requested, except in cases of illness, emergency, or bereavement. The employee must obtain approval of his request in order to be granted such leave. The Company must respond to the employee within three days of the request. Approval will not be unreasonably withheld if the concerned department is capable of discharging its operational requirements with remaining personnel. As of September 30th each year, three

(3) days of any unused PDO remaining will be carried over into the new fiscal year. For any remaining PDO, the employee will be given the option to receive payment of one-third (1/3) of the account balance as a payroll adjustment with the rest paid into the particular employee’s retirement account, or having the entire balance of unused personal leave paid into the particular employees retirement account or receive the total amount in the next paycheck. In no event will an em-ployee be allowed to accrue more than 12 days of PDO.

ARTICLE 10

HOLIDAYS

Section 1. Section 1. Full time employees will receive the appropriate amount of pay (i.e. 10 hours during the growing season or eight hours during the off season) for each of the following holidays:

New Years Day Labor Day Martin Luther King’s Birthday Columbus Day President’s Day (Observed) Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

If by Presidential or Executive order a holiday is added, the Company will match it.

Section 2. In order to be eligible for a holiday, the employee must have been in a paid status for the entire shift (work, vacation, PDO, jury duty, reserve duty) or excused absence (excluding long term leave of absence) the last scheduled working day immediately before and after the holiday, unless his absence is due to on-the-job injury (Worker’s Compensation). Employees unable to work due to on-the-job injury will be compensated for any holidays falling within their period of off-the-job recovery.

Section 3. When a holiday falls on a full time employee’s day off, his next work-day shall be observed as the holiday. If a holiday falls within the vacation period, the employee will not be charged a vacation day for that holiday. He shall receive holiday pay.

Section 4. Full time employees who work on holidays will receive time and one-half for all hours worked in addition to their holiday pay.

Section 5. To prevent pyramiding of overtime, those overtime hours worked by employees on a holiday shall not count for purposes of calculating overtime for the remainder of that workweek. The holiday itself shall count towards the forty

(40) regular hours prior to overtime being paid.

ARTICLE 11

VACATIONS

Full time employees shall be entitled to a paid vacation on the following basis:

Section 1. If in the continuous employ of the Company or its predecessor (s) for one (1) year, annual vacation entitlement of one week (40 hours).

Section 2. If in the continuous employ of the Company or its predecessor (s) for two (2) years or more, annual vacation entitlement of two weeks (80 hours).

Section 3. If in the continuous employ of the Company or its predecessor (s) for four (4) years or more, annual vacation entitlement of three (3) weeks (120 hours).

Section 4. If in the continuous employ of the Company or its predecessor (s) for six (6) years or more, annual vacation entitlement for four (4) weeks (160 hours).

Section 5. Vacation credit will accrue during any calendar month to eligible em-ployees who are on active status, paid PDO, or paid vacation for more than one-half time the vacation is taken.

Section 6. Compensation for the vacation period shall be computed at the em-ployee’s base rate of pay in effect at the time the vacation is taken.

Section 7. Employees shall receive vacation pay in advance of their vacation, provided pay is requested in writing at least two (2) weeks in advance of the pay day immediately prior to the date approved for the start of such vacation.

Section 8.

An employee who has completed twelve (12) months of service shall be paid for his accrued unused vacation upon termination of employment. A two (2) week written notice of intention to leave the company will remain as industry standard.

Section 9. Vacation preferences shall be submitted to the Company for approval and senior employees shall have vacation preference. The Company will allow as many employees as operational requirements permit to take vacations at any one time. Vacations in excess of two (2) weeks duration are discouraged but will be considered on an individual basis.

Section 10. Employees shall be permitted to split their vacation; however, in splitting his vacation after the employee expressed his preference for one portion of his vacation, he will be precluded from selecting the remainder of his vacation until all other employees have been given an opportunity to express a vacation preference. Initial selection of vacation preference must be made of each fiscal year (1 Oct - 30 Sept) prior to November 1st.

Section 11. The vacation period shall be taken within the twelve (12) consecutive months following the employee’s anniversary date.

Section 12. Employees entitled to vacation will not be given pay in lieu of unless mutually agreed to by the Company and employees.

Section 13. Vacations will normally be scheduled to begin following an employ-ee’s regular off days, and such off days will not be counted as vacation days.

Section 14. Vacation may be taken as it is accrued after completing one year of continuous service with the prior consent of management.

ARTICLE 12

MILITARY SERVICE

Section 1. Any full time employee who is drafted for military service or training in the Armed Forces of the United States including Reserve and National Guard components shall upon completion of such service or training, be restored to the exact status (provided such status exists), including any wage increase, that he would have had if his employment had not been interrupted.

Section 2. A full time employee who is a member of thy National Guard or Reserves will be granted a leave of absence when ordered to active duty for annu-al training and will be paid the difference, if any, between his military pay and his regular pay for a maximum of fifteen (15) workdays. A military pay voucher must be submitted to the Company for calculation of any differential pay.

ARTICLE 13

JURY DUTY

Full time employees who serve as jurors shall receive their regular straight time rate less the fee received for jury services. Upon return from jury duty, employees will submit proof of attendance and payment received with their next time sheet.

ARTICLE 14

LEAVE OF ABSENCE

Section 1. Upon approval of the Company, an unpaid leave of absence of up to ninety- (90) days may be granted an employee. During such leave, the employee’s seniority shall accumulate.

Section 2. Upon written request by the President of the Local, any employ-ee elected or appointed for a full time Union activity shall be granted a leave of absence without pay, not to exceed one year. This leave shall be renewed upon written application. Seniority will accumulate during the period of such leave. No fringe benefits will accrue during this leave of absence.

Section 3. An employee accepting gainful employment while on leave of absence except as specifically approved in writing by the Company, automatically termi-nates employment with the Company.

Section 4. Employees, who by reason of bona fide illness, requires time off, will be granted an appropriate leave of absence. Employees may be granted medical leave upon presentation of acceptable documentation. Seniority will continue to accrue during such leaves; however, in no event will seniority accrue for more than one (1) year. No fringe benefits will accrue during this period.

Section 5. Time spent on leave of absence shall not count for purposes of accru-ing vacation, holiday, or PDO. In addition, employees wishing to continue their insurance during the authorized leave should coordinate with Human Resources to arrange for payment of continuing insurance coverage.

Section 6. Notwithstanding other provisions of this Agreement, time spent on a leave of absence occasioned by an industrial illness, or industrial injury shall not affect an automatic wage increase. This understanding shall not constitute a waiver of other established requirements for purpose of reclassification. As to those employees who have been on medical leave of absence during the one-year period immediately prior to his anniversary date, an employee vacation entitle-ment will be reduced by a percentage equivalent to the time off for one-year peri-od immediately prior to the employee’s anniversary date.

Section 7. Furthermore, the Family and Medical Leave Act of 1993 (“FMLA”) guarantees up to twelve (12) weeks of leave for the following reasons:

1. To care for an employee’s newborn child.

2. To care for a child placed with the employee through adoption or foster care.

3. To care for a child, spouse, or parent who has serious health condition.

4. The employee’s inability to perform the functions of his/her position because of a serious health conditions.

With the presentation of proper documentation, the Company will grant all full-time and part-time employees “FMLA” upon confirmation of said documentation.

ARTICLE 15

OVERTIME COMPENSATION

Section 1. No overtime shall be compensated unless work is performed at the direction of a supervisor.

Section 2. Only time worked or otherwise paid for in full (excluding periods of military service) in excess of forty (40) hours in any work week, exclusive of meals periods, shall be considered overtime and shall be paid at the rate of time and one-half.

Section 3. Employees hereunder shall not be required to suspend work in regular hours to absorb overtime.

Section 4. Overtime work shall be distributed among the employees qualified to perform the work necessitating overtime as equitably as practicable.

Section 5. An employee whose overtime working period continues into the fol-lowing day shall continue to receive overtime rates for all overtime so worked. If such overtime work period shall continue so that its termination shall fall within seven and one-half (7½) hours prior to his resumption of work in the succeeding work day, he shall receive overtime rates of all time so worked during his regular work period for such work day.

Section 6. Overtime compensation shall be computed based on actual overtime worked to the nearest one-tenth (1/10) hour.

Section 7. Full time employees shall receive overtime rates for not less than four

(4) hours if called back to work on any emergency or for any duty not continuous with the regular workday. Overtime rates shall be paid for not less than two (2) hours to any full time employee called in to work prior to and continuous with his regular workday.

Section 8. The Company will make every reasonable effort consistent with its operating requirements, to give affected employees two (2) hours notice when overtime work is required.

Section 9. All hours in full pay status (excluding periods of military service) count as hours worked for overtime calculations.

Section 10. No pyramiding or overtime pay will be allowed.

ARTICLE 16

WORK CLOTHING AND TOOLS

Section 1. Employees may be required to wear work clothing supplied by the com-pany, that is reasonable, suitable, and safe for the type of work they are assigned.

Safety shoes, if required, will be furnished by the employee. Full time employees required to wear safety shoes will receive a $150.00 shoe allowance annually in December’s first paycheck. Seasonal employees required to wear safety shoes will receive a $150.00 shoe allowance, after (five 5) years of service, annually in their first paycheck of each season.

Section 2. Each employee required to perform maintenance on equipment shall be required to have the standard hand tools necessary to perform the duties of their classification. Specialized tools shall be furnished by the Company.

ARTICLE 17

SEASONAL EMPLOYEES

Section 1. Seasonal employees are those personnel who are hired on an as needed basis.

Section 2. Effective 1 October 2020, the Company will pay all seasonal employ-ees for each hour worked an additional hourly amount as outlined in the current wage determination as approved by the Navy’s Contracting Officer in lieu of the health and welfare package and all other fringe benefits (holiday, military service differential pay, jury service differential pay) other than vacation and those legally required such as FICA, FUI, and SUI.

Section 3. All articles of this Agreement shall apply to seasonal employees except Articles 7, 9, 10, 11, 12 and 13 or as otherwise restricted by this Article 17. In case of conflict, Article 17 shall prevail.

Section 4. There will be two seniority classes, Fulltime and Seasonal which are exclusive of each other. Seasonal seniority will be contained within the Seasonal Article, (Article 17 of this agreement), and should any conflict arise as to the interpretation of seniority as it pertains to Seasonal employees Article 17 shall prevail. New seasonal employees regardless of classification will be on probation for a period of nine (9) months. During this probation period the Company may terminate the employment of any probationary employee without recourse to the grievance and arbitration procedure. During this probationary period the Compa-ny shall, at a minimum, do performance reviews at 90 days and 180 days. These reviews will include, where practical, the crew leader and the shop steward. The purpose of these reviews is to provide guidance on performance, set goals for future performance or in cases where the metrics of previous evaluations were not met, termination of services may result. This probationary period is to be used to evaluate the employee’s suitability for the type of work for which they were hired.

Non-probationary employees will be subject to periodical performance reviews, at the Company’s discretion, by a joint panel where progressive discipline may result for lack of performance. Said joint panel will consist of Crew Leader, Shop Steward, and a Company Representative.

Section 5. The Company will make every reasonable effort to recall each position by seniority in their classification where practical, where security clearances al-low, and based on their ability to perform the required tasks needed. Such recalls shall be subject to review by the Union.

Section 6. Before any new employee is hired in any classification employees of that same employer covered by this Agreement shall be given an opportunity to qualify for such job openings in accordance with their seniority. Probationary employees are not eligible for promotion during the probationary period. All fulltime job openings in all labor grades shall be posted conspicuously for three

(3) days in house. Any employee wishing to fill a job opening may notify the Company in writing. The senior most qualified employee, one who meets the minimum posted qualifications, shall be awarded the opening. An employee who accepts a promotion or lateral transfer shall be ineligible for another position for a period of six (6) months unless they are affected by a RIF. A seasonal employee wishing to fill a fulltime position will be considered for that position only after all fulltime employees have expressed a desire for that position but before a person from outside this organization is considered. The intent of this language to pro-vide a pathway for seasonal employees to progress to fulltime status and establish their seniority rights within their group.

Section 7. Any seasonal employee who takes a fulltime position will get a new seniority date under Article 7 of this agreement and will surrender any seniority under Article 17. Any employee who moves from seasonal to fulltime will retain their Kings Bay Hire Date for vacation accrual purposes only, provided no break in service has occurred whereas a break in service is defined as termination of services either by the Company or resignation by the employee but not layoffs for seasonal work stoppages. The Company agrees not to use seasonal employees to supplant the fulltime workforce.

Section 8. Seasonal employees will receive eight (8) hours holiday pay at straight time for any CBA recognized holiday while the employee is in a current work-ing status, provided they work the entire shift immediately prior to and after the said holiday.

Section 9. Seasonal employees will be eligible for time and one-half if they work on a holiday.

Section 10. Seasonal employees may be worked any number of hours at the Com-pany’s discretion.

Section 11. If seasonal employees are called in to work, they will be guaranteed two (2) hours of pay.

Section 12. Seasonal employees are required to pay to the Union representational fees after one week of service.

Section 13. Seasonal employees will receive an additional premium rate for length of service: These rates will be as follows:

1. From three through five years of service, $0.25 per hour

2. From six through eight years of service, $0.50 per hour

3. From nine through eleven years of service, $0.75 per hour

4. For twelve years of service or more, $1.00 per hour

ARTICLE 18

GRIEVANCE PROCEDURES

Section 1. The Company agrees to meet with the Union at a reasonable time for the purpose of handling complaints and grievances of the employees covered by this Agreement. Any controversy between any employee or employees, or the Union and the Company involving the application, interpretation or alleged viola-tion of any provision of this Agreement, except violations or alleged violations of Article 5, shall be considered a grievance.

Section 2. When the Company requests a meeting with one or more of the Union Stewards during working hours, the Stewards will not be docked for the time lost in attending such meeting; however, pay for such meeting shall not extend to hours in excess of eight (8) in one workday and no overtime shall be paid.

Section 3. The Company agrees to recognize one (1) Steward in addition to the Chief Steward, for the purpose of representing employees in this grievance procedure.

Section 4. The three (3) steps in handling a grievance are as follows:

Step 1. Any employee having a complaint or grievance under this Agreement shall first discuss his grievance with his immediate supervisor or with their Steward.

The aggrieved employee and/or his Steward shall discuss the grievance with the aggrieved employee’s immediate supervisor not later than eight (8) calendar days after the occurrence causing the complaint or grievance.

Step 2. If the matter is not resolved by the aggrieved employee’s supervisor, then the complaint shall be reduced to writing and signed by the employee and the Steward and submitted in duplicate to the Department Manager or his designee within seven (7) calendar days after the date of the decision given by the employee’s immediate supervisor. All written documents in support of the griev-ance must be submitted with the complaint. Within five (5) calendar days from the receipt of such written grievance or complaint, the Department Manager shall submit his answer in writing to the aggrieved employee and his Steward.

Step 3. If the matter is not resolved by the aggrieved employee’s Department Manager, then the complaint or grievance shall be reduced to writing and signed by the aggrieved employee and the Steward and submitted in duplicate to the President or his designee within seven (7) calendar days after the date of the decision given by the aggrieved employee’s immediate supervisor including all documents considered at the previous steps. Within five (5) calendar days from the receipt of such written grievance or complaint, the President shall submit his answer to the aggrieved employee and his Steward.

Section 5. The President’s decision shall be the final position of the Company. If the grievance or complaint is not resolved, the Union may appeal the results under Article 19, ARBITRATION.

ARTICLE 19

ARBITRATION

Section 1. If the grievance has been processed in accordance with the require-ments of the aforesaid paragraphs and remains unsettled, the Union may request arbitration in the following manner:

(a) Within seven (7) days after the rejection of the grievance by the Project Manager or his designee, the Union may request the Federal Mediation & Conciliation Services to furnish a list of seven (7) available arbitrators.

(b) Within ten (10) calendar days after the receipt of the list of arbitrators, representatives of the Union and Company will alternately strike names and the last remaining name on the list shall be the arbitrator to hear the Case. The first party to strike shall be the party seeking arbitration.

Section 2. Any grievance not carried to the next step by the Union within the prescribed time limits, or any such extension as may have been agreed to, shall be automatically closed upon the basis of the last disposition.

Section 3. The arbitrator shall not have the authority to alter, amend or change the terms and provisions of this Agreement in any way.

Section 4. The decision of the Arbitrator, within the preview of this authority, shall be final and binding upon all parties.

Section 5. The reasonable fees and expenses of the Arbitrator shall be borne equally by the Company and the Union.

Section 6. The time limits set forth herein may be extended only by mutual agree-ment of the parties in writing.

Section 7. No award for back pay shall exceed the amount of pay the employee would otherwise have earned at this/her regular rate of pay, and such back pay shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the grievance under consideration, and in no event more than seven

(7) days prior to the filing of the grievance.

Section 8. Any award shall not exceed the actual loss to the Grievant, and will not include punitive damages, overtime, on-call, or other speculative compensation, which might have been earned.

ARTICLE 20

ABSENCE FROM DUTY

Section 1. An employee hereunder shall not be absent from duty without prior permission in writing except for reason of sickness, injury or other justifiable cause beyond the control of the employee.

Section 2. An employee hereunder who is prevented from reporting for duty by reason of sickness or injury shall promptly notify his immediate supervisor or an absentee control point, if established by the Company, of his inability to report for work giving reason for his absence. Such notice will not be considered if given less than two (2) hours prior to the employee’s regularly scheduled starting time, except when prevented by personal emergency. In the event of continued absence, weekly notice hereof shall be given to the Company.

Section 3. An employee absent for medical reasons for more than three scheduled work days will present to the Company a release for work notice signed by a phy-sician prior to returning to work.

An employee who has repeated medical absences may be required by the Compa-ny to obtain a physician’s notice for less than three scheduled workdays absence.

Section 4. Any employee who is absent for three or more consecutive workdays without reporting off or receiving prior authorization is considered to be voluntarily resigned without notice, except in case of verifiable emergency.

Section 5. An employee who is out on extended illness (IAW FML) may use accrued vacation in eight-hour increments after all earned vacation and PD2 has been exhausted.

ARTICLE 21

GENERAL AND MISCELLANEOUS

Section 1. An employee who is temporarily assigned by the immediate supervisor to perform the duties and accept the responsibilities of a job classification on a la-bor grade, which has a higher wage scale, shall be paid the rate of the established scale for said job classification if the assignment is for a period of one or more hours. An employee who is temporarily assigned by the immediate supervisor to perform the duties of a job classification, which has a lower wage scale, shall be paid his regular scale during such assignment.

Section 2. Payment of wages shall be made during working hours and all employ-ees shall be paid biweekly.

Section 3. A lead person is a working supervisor of a group and is charged with the responsibility of leading, directing, and/or approving and signing for the work of other employees. He is responsible for the quality and quantity of work within his group.

Section 4. Whenever the Company appoints a lead person he will receive a pre-mium of seventy- five ($.75) per hour over the highest rate being paid in the clas-sification over which he is assigned.

Section 5. Except in cases of emergencies and in the case of training employees, supervisors will not do productive work.

Section 6. The Union shall have the right to confer with management on heating, lighting and ventilation facilities, on transportation to and from station, on eating and drinking facilities, and on sanitary and safety conditions.

Section 7. The Company shall print copies of this Agreement in an appropriate booklet and shall give 150 copies to the Union within sixty (60) days of the sign-ing of the Agreement unless prevented from doing so by circumstances beyond its control. The Union will distribute a copy to each existing member of the bargaining unit. The Company shall furnish a copy of this Agreement to each new employee hired in any classification covered thereby.

Section 8. When time clocks and time cards are used by the Company, they shall be installed in convenient locations.

Section 9. The Union agrees to support a Company developed apprenticeship program. This is designed to provide training in areas where skilled crafts will be needed as the scope of work increases. The pay level of the entry apprentice will be 50% of the journeyman’s wage and will advance six (6) months steps as requirements are met a five percent (5%) increase each six (6) month period. The program will be a four (4) year program.

Section 10. Full time employees terminated by a reduction-in-force (RIF) will be entitled to two (2) week’s severance payment calculated at eighty (80) hours times their base hourly wage provided they have at least one year of continuous service with the Company, and provided the RIF is not associated with a successor contractor take over which results in continuous employment.

Section 11. The Company agrees to provide the training necessary for any certifi-cation required of its employees by the Navy contract.

Section 12. All the provisions of this Agreement will be effective upon execution and ratification by the Union, except the economic changes, which will become effective October 1, 2020 subject to the provisions of Article 27.

Section 13. Committee on Political Education (COPE) payroll deductions may be selected at the discretion of the employee each January. The Union will provide cards properly signed authorizing this action.

Section 14. The Chief Steward will be allotted eight (8) Company paid hours per month to conduct Union/Company business during regularly scheduled work time. Union/Company business is attending arbitration/grievance hearings, nego-tiation sessions or investigating grievances.

Section 15. Shift differentials will be as follows: for shifts starting after 11:59

- $.40. Shift differential will be added to the base rate of pay for calculating overtime.

ARTICLE 22

SAFETY

Section 1. It shall be the policy of the Company to make every reasonable effort to provide employees a safe and healthy environment.

Section 2. When the Company requires an employee to use or wear safety equip-ment, such equipment will be provided by the Company. This does not include personal safety attire such as shoes or prescription glasses.

Section 3. Any employee who becomes aware of a work related accident shall immediately notify the supervisor or the supervisor’s designee of the accident.

Section 4. Any employee who becomes injured on the job or has reason to believe they have been injured shall notify their supervisor or his designee immediately.

That employee will be drug tested immediately.

Section 5. Any employee who fails to follow established safety practices shall be subject to progressive discipline up to and including dismissal.

Section 6. When an employee believes that an unsafe or unhealthy working con-dition exists in the work area, the employee shall immediately report the condition to the supervisor or the supervisor’s designee. The supervisor shall investigate and report, and make a reasonable effort to take action deemed appropriate.

ARTICLE 23

DISCIPLINE PROCEDURE

In the administration of this Article, a basic principle shall be that discipline should be corrective in nature rather than punitive. No employee shall be disciplined or discharged except for just cause such as, but not limited to: absence without au-thorized leave; assault/fighting; conduct unbecoming a Company employee; con-viction of a crime; drinking on the job or reporting to work under the influence of, or use of non prescribed drugs; possession, sale, distribution of alcoholic beverag-es or…