J-0200000-02 CBA-2014-6756_0003.pdf

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AGREEMENT BETWEEN

JLL- MIDNIGHT SUN IFMS, LLC

AND

LOCAL UNION 177

OF THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

AFL-CIO

JANUARY 1, 2026

TABLE OF CONTENTS

ARTICLE SUBJECT PAGE

1 Parties, Purpose, Consideration 5

2 Recognition 5

3.1 Discrimination 6

3.2 Employment of Relatives 6

4 Scope 6-7

4.2-4.3 Subcontracting 6

4.5-4.6 Temporary / Part Employees Compensation 6-7

4.8 Probationary Employees 7

4.9 Part-Time, Full Time Employees Definition 7

5 Management Rights 7-8

6 Agreement against Strikes and Lockouts 8

7 Bulletin Boards 8

8 Shop Stewards 9

9 Dues and Fees 9-10

10 Safety 10-11

11 Seniority 11-13

11.3 Loss of Seniority 12

11.4 Promotion outside of Unit 12

11.5 Maintaining Current Address 12

11.6 Seniority List 13

12 Promotions and Transfers 13-15

12.1 Job Posting 13

12.2 Repetitive Upgrade (sixty-day rule) 13

12.7 Lead Positions 14-15

12.8 Demotions 15

12.9 Salary rates for new or revised Classifications 15

13 Layoff and Recall 16-17

14 Hours of Work 17-20

14.6 Shifts Defined 18

14.7 Meal Period / Breaks 18

14.8 Overtime Records 18-19

14.9 Overtime 19

14.10 Call-in & Scheduled Overtime Minimum 19

14.11 Four-hour Minimum, Scheduled Workday 19

14.12 Emergency Responders 19-20

14.13 On Scene Operations Team (OSOT) 20

15 Grievance and Arbitration Procedures 20-22

16 Discipline and Discharge 23-24

17 Inspection Privilege 25

18 Subordination 25

19 Vacation 25-27

20 Holidays 27-28

21 Leaves of Absence 28-30

21.2 Family Medical Leave 28-29

22 Employee Facilities / Equip & Accommodations 30-31

22.2 Safety Shoes 30

22.3 Uniforms 30

22.4 Foul Weather Gear 30

22.5 Personal Protective Equipment 30

22.9 Safety Glasses 31

22.10 Continuing Education Units 31

23 Wage Benefits 31

23.1 Direct Deposit 31

23.3 Shift Premiums 31

23.4 Alternate Shift Pay 31

24 Fringe Benefits 32-35

24.7 Employer Provided Benefits 32

24.9 Retirement Plans 33-34

24.9a 401k 33

24.9b NEBF 33-34

24.10 Bereavement 34

24.11 Jury Duty 34

24.12 Personal Time Off 34-35

24.13 Mileage Reimbursement 35

24.14 Political Action Committee 35

25 Successors and Assigns 35

26 Severability 36

27 Full Agreement 36

28 Duration 36

Signature Page 37

Appendix “A” - Wage Administration 38

Appendix “B” – Work Rules and Standards of

Conduct 39-40

Appendix “C” – Summary of Benefits 41

Memorandum of Understanding Drug & Alcohol

Policy / Signature Page 42-44

ARTICLE 1

PARTIES, PURPOSE, CONSIDERATION

1.1. This Agreement is entered into as of this 1st day of January 2026 between Jones Lang LaSalle Americas, Inc. and Midnight Sun Technologies, LLC., (hereinafter referred to as the "Employer(s)") and the International Brotherhood of Electrical Workers, Local 177 (hereinafter referred to as the "Union").

1.2. Whereas, the parties hereto desire to establish equitable and peaceful resolution of differences; rates of pay; hours of work and other conditions of employment under which the employees classified herein shall work for the Employer during the life of this Agreement and thereby promote a relationship between the parties hereto providing for harmonious cooperation and mutual benefits. In the true interest of employee and organizational prosperity, the Union and the Employers have committed themselves to a partnership alliance that is fully committed to customer goals and objectives.

1.3. Now, therefore, in consideration of the performance in good faith by both parties, individually and collectively, of the terms and conditions of this Agreement, and intending to be legally bound, thereby, the parties agree to and with each other as follows:

1.4 All predecessor contractors’ past practices are hereby null and void and shall not constitute a precedent in the future enforcement of the terms and conditions herein.

ARTICLE 2

RECOGNITION

2.1. The Employer hereby recognizes the Union as the sole and exclusive representative of those persons employed by the Employer within the appropriate unit certified by the National Labor Relations Board in the certification of representative issued in Case No. 12-RC-7789 and the Recognition Agreement dated May 12, 1995. Said unit is defined as follows: All full time and regular part-time employees employed by the Employer pursuant to Contract #N69450-19-D-1750 (or its successor/follow-on contracts, in maintenance, service and plant operations at the Naval Air Station military reservation in Jacksonville, Florida; Naval Station Mayport, Florida; and to include the outlying facilities Yellow Water Housing area, Whitehouse Outlying Airfield, Whitehouse, Florida, and the Pinecastle Electronic Warfare Range, Centroid, and Cecil Commerce Center; and any other sites added under said contract; excluding all office clerical employees, professional employees, confidential employees, planners/estimators, guards and supervisors as defined in the National Labor Relations Act.

2.2. In this Agreement, whenever a masculine pronoun or the singular or plural forms of "man" are used, it is understood that such references are meant to have equal application to all employees covered by this Agreement, male or female.

ARTICLE 3

DISCRIMINATION

3.1. The employer agrees to comply with all Federal and State regulations with regard to discrimination.

3.2. The employer agrees that no person or employee shall be employed for, or assigned to a position, which is supervised by, or responsible to, a relative serving in a Supervisor or Manager capacity.

ARTICLE 4

SCOPE

4.1. The earning power of bargaining unit employees on active payroll status will not be diminished as a result of non-bargaining unit employees of the Employer performing work customarily performed by bargaining unit employees. No member of a firm (Employer) or his representative shall perform any manual work except to assist in the interpretation of plans and specifications. Nothing in this section shall be construed to prevent an Employer or his representative from giving instructions for dealing with emergencies or providing any actions necessary for the protection of life or property.

4.2. The Employer retains the right to subcontract work which has historically been, is now, or in the future may be performed by employees in the bargaining unit. The right of the Employer in this regard is complete provided that the Employer's decisions to subcontract are not motivated by a desire to evade its obligations under this agreement but rather are motivated by a desire to insure, or improve, the economy of, and/or the satisfaction of, the Employer’s obligations and responsibilities as a Contractor to the Government.

4.3. If subcontracting work affects the continuing employment of bargaining unit employees, it will require prior notification and impact bargaining with the Union.

4.4. It is understood that any employee displaced, as a result of subcontracting will have displacement rights provided in Article 13, Lay-Off and Recall.

4.5. Nothing contained in this Agreement shall impair the right of the Employer to employ employees on a temporary basis, not to exceed ninety (90) calendar days in a 12-month period, in order to meet work requirements generated by seasonal workloads, special projects directed by the Navy, work of a temporary nature, and to provide replacement for employees on any type of authorized absence. The Employer agrees to notify the Union of its intention to hire new employees (temporary, part-time, full- time). Temporary and part time employees will be compensated as follows: The Collectively Bargained wage for the classification plus applicable fringe benefit Amounts.

4.6. The Employer agrees that temporary employees will be utilized in accordance with

Section 4.5. It is recognized that vacancies can occur, or additional positions be authorized by the employer for full time positions. When such occurs, any length of service in a temporary position shall be included in the computation of seniority provided the temporary employment was contiguous to the appointment to full time.

4.7. All incumbent employees, including those subject to recall, are not considered new employees for the purposes of this agreement once hired.

4.8. All new employees shall be considered probationary employees until they have completed ninety (90) calendar days of employment. If anytime during the probationary period, the employee should need to take time off for any reason, the probationary period shall be extended beyond an equal amount of time that the employee was absent. Upon successful completion of the ninety (90) day probationary period, an employee’s seniority shall date back to his most recent date of hire. The Employer shall be the sole and exclusive judge in deciding whether to continue a probationary employee’s employment.

It is recognized by the parties to this Agreement that the probationary period is part of the Employer’s employee selection process, and the assignment, discipline or retention of any probationary employee shall be solely at the Employer’s discretion. Such action will not be subject to the Grievance and Arbitration Procedure, Article 15.

4.9. Employees hired as relief and employees who regularly work less than thirty (30) hours per week will be considered part-time. Employees who regularly work thirty (30) hours or more a week will be considered full-time and be compensated as such. Any length of service in a temporary or part-time position shall be included as part of the ninety

(90) day probationary period.

4.10. All subcontractors will be subject to all Employer safety, environmental, and health policies. Any subcontractor personnel in violation of these policies will be held accountable by management and appropriate action will be taken to correct any inappropriate behavior up to and including removal of offending personnel from the project.

ARTICLE 5

MANAGEMENT RIGHTS

5.1. The Employer has and will retain the full right of ownership and management in the direction of its operations. The rights of management include, but are not limited to, the right to plan, direct, control, increase or decrease its operations, work performed in facilities owned or assigned to it, and the work force itself; to make work assignments to schedule hours of work or shifts; to negotiate new job classifications and changes to existing classifications and place them within the wage structure; to introduce new methods, machinery, processes, or production/service techniques; to utilize suppliers and subcontractors; to determine who it shall hire and the number of employees it shall employ; to lay off for lack of work or other legitimate reasons; to establish and enforce reasonable policies, procedures, and handbooks not in conflict with this Agreement; to discipline and discharge employees for just cause; to determine and enforce reasonable policies affecting safety and operations in accordance with efficient and economic operations; to sell, liquidate, or consolidate any and all of its operations.

5.2. It is understood and agreed that the reserved rights of management, examples of which are set forth in the paragraph above, shall be interpreted in their broadest scope and shall be deemed only to be limited by express provisions of this Agreement and not by implication or construction. Failure on the part of the Employer to exercise any right hereby reserved to it shall not be deemed a waiver of its right to exercise such right or rights. The exercise of such rights by the Employer shall not preclude employees or the Union from filing grievances in accordance with Article 15 of this Agreement should the exercise of such rights have the consequence of violating express provisions of this Agreement. No arbitrator shall have any authority to impair the rights of management in contravention of the foregoing understanding and agreement.

ARTICLE 6

AGREEMENT AGAINST STRIKES AND LOCKOUTS

6.1. The Employer agrees that there will be no lockout during this Agreement.

6.2. The Union agrees that there will be no strikes during the term of this agreement.

Accordingly, neither the Union nor the employees will instigate, promote, sponsor, engage in, honor, support or condone any unlawful strike, sympathy strike, slow-down, sit-in, picketing, concerted work stoppage or any intentional interruption of work during the life of this Agreement.

6.3. Any employee or employees who violate the terms of this Article may be subject to disciplinary action and/or termination of employment.

ARTICLE 7

BULLETIN BOARDS

7.1. The Employer shall provide suitable bulletin boards for use of the Union for the posting of notices of meetings, bulletins and other Union matters. Union bulletin boards shall be provided at all reporting locations and will be maintained by union officers and stewards.

The Union agrees that the bulletin board space so provided shall not be used for the posting of anything derogatory to the Employer, its management, its employees, or its customers and the Employer reserves the right to remove any such derogatory posting.

Bulletin boards shall not be obstructed in any way

7.2. All notices to be posted must bear the approval of a Steward.

ARTICLE 8

SHOP STEWARDS

8.1. The Employer recognizes the right of the Union, without employer interference, to appoint Shop Stewards and Alternate Shop Stewards from the official Seniority List.

Stewards will generally be designated for the Utilities Section, Shops Section, Hospital Section, and Fleet Readiness Center Southeast (FRCSE) as applicable at the base to which they are assigned. However, it is recognized that at times cross sectional representation will be required and, in such instances, with the coordination of the Union Business Manager. Stewards will be drawn from the pool of stewards available at the assigned bases. By mutual agreement of the parties, additional stewards may be designated by the Union. It is understood that as far as possible a steward will be assigned stewardship over employees sharing geographical work or break locations (generally same crew and common break area) with one another and himself. The Union agrees that it should promptly notify the Employer in writing of the individuals appointed as stewards and of their area of stewardship. The Union will also notify the Employer of any changes in these matters. The obligation of the Employer to recognize a shop steward (or alternate) is contingent upon receiving written notice from the Union of their identity and area of stewardship. Shop stewards shall be the last laid off within their classification.

8.2. The Union shall advise the Employer of the designated Chairman and Vice Chairman of the Union. The Chairman of the Union shall be the last laid off, and the Vice Chairman next to the last laid off, within the bargaining unit, provided they have the required qualifications, agreed to by both parties, to perform the available work. If implementation of this Article results in shop stewards and/or the Chairman and/or Vice Chairman being assigned to jobs other than their regular jobs, they shall be paid at the pay rate of the job to which they have been assigned.

8.3. The duties of the steward shall be the transmission of messages and information authorized by the Union; and the investigation and presentation of grievances in accordance with Article 15 Grievance and Arbitration Procedure.

ARTICLE 9

DUES & FEES

9.1. As a condition of employment and in accordance with this Article, within ninety

(90) days of employment, employees covered by this Agreement will provide written authorization on forms provided by the Union and the Employer will deduct from the pay due such employee those dues set forth as the employee's membership dues in the Union and/or representation fees for the Union.

9.2. Such order shall be effective only as to membership dues or representation fees becoming due after the date of delivery of such notification to the payroll office of the Employer. Deductions shall be made only when the employee has sufficient earnings to cover same after retirement, health insurance, and life insurance. Deductions shall be in such amount as shall be certified to the Employer in writing by the authorized representative of the Union.

9.3. The Employer shall submit to the Union, on the 15th of the following month, all dues and fees withheld the previous month. A listing of all employees having such deductions will likewise be submitted.

9.4. The Union agrees to defend and indemnify and hold the Employer harmless from and against any and all claims, suits, liabilities, actions, costs and expenses in any manner arising out of or connected with action taken by Employer pursuant to the provisions of this Article.

ARTICLE 10

SAFETY

10.1. Both the Employer and the Union recognize the importance of maintaining safe and healthful working conditions. As a condition of its contractual obligation, the Employer submitted a Safety and Health Plan (S&HP) to the U.S. Navy. It is the Employers’ responsibility to maintain and administer the S&HP and make every reasonable effort to ensure that employees are familiar with and follow the S&HP. In return, it shall be the responsibility of the employees covered by this Agreement to make every reasonable effort to perform their duties in the safest manner possible and inform management of unsafe conditions. It is also the exclusive responsibility of the Employer to provide and maintain sanitary, safe and healthful conditions in all of its operations and working establishments in accordance with applicable Navy, OSHA, and Company safety regulations.

10.2. The S&HP will be in compliance with applicable local, state and federal laws, rules, and regulations. The Employer is authorized to amend the S&HP from time to time, so that it remains current with the applicable laws, rules and regulations, and will consider recommendation of the Safety Committee (see section 10.3). It is the Employers’ responsibility to train employees on the content of the S&HP, as well as when the S&HP is amended.

10.3. There shall be a joint Safety Committee consisting of representatives from the Employers and all Union stewards or alternates of the respective Employers. The duties of this Committee shall be to develop and review work practices to enhance employee safety. The committee will offer suggestions and be an integral part of the improvement of the project’s S&HP. It shall be a function of this Committee to study and update the safe work practices for the benefit of both Parties. The Committee shall meet at 9:00 a.m.

on the first Wednesday of each month and also when called by the Committee Chairperson or when called by a majority of the current Committee members.

10.4. The Employer will cover costs associated with physical examinations for employees who are required to have physical examinations to perform their jobs and/or meet state and/or federal requirements, such as, but not limited to, Department of Transportation and OSHA regulations.

10.5. Every safety precaution should be taken to prevent job related injuries and illnesses. Any employee becoming aware of an unsafe working condition will immediately report the condition to their immediate supervisor. Any employee who believes an environmental, safety, or health condition exists that poses potential imminent danger or physical harm may refuse to perform work until an investigation of the claim is conducted and the work and/or condition is deemed safe. When an incident occurs, it will be thoroughly investigated by the Employer’s representative(s), the employee, and the Union steward. The results of this investigation shall be properly recorded. If results conclude that a safety or health condition exists, steps will be taken to prevent recurrence. No disciplinary action will be taken against an employee prior to the conclusion of an incident investigation.

10.6. Failure to observe all safety work practices and regulations established by the Employer, and/or to wear such protective clothing, or use such safety personal protective equipment (PPE), as required and furnished by the Employer in the performance of work will be deemed as just cause for disciplinary action. Employees who willfully or intentionally engage in misconduct that poses a risk of imminent danger to themselves or to other employees are subject to termination.

10.7. The Employer is committed to providing outstanding safety and health protection for its employees through management systems and employee involvement. The Employer, the Union and the Employees agree to work cooperatively to achieve and maintain the goals and objectives necessary to obtain OSHA’s VPP Star status.

ARTICLE 11

SENIORITY

11.1. Seniority means an employee's length of continuous service with the Employer or with a predecessor contractor at any base covered by this agreement in a full-time position since his/her date of hire. Any length of service in a temporary position shall be included in the computation of seniority if the employment was contiguous to the appointment to a full-time position.

a) An employee who leaves the employment of the Employer and who is subsequently rehired by the Employer, within seven hundred and thirty (730) days of having left employment, to a position posted through the job posting process will retain their previous seniority date adjusted for the period of absence for all seniority purposes.

b) In the event two (2) employees have the same original date of employment;

seniority will be determined by the last four digits of the social security number with the employee having the lower last four digits of the social security number being considered as having the greater seniority.

11.2. Unless otherwise indicated, in all applications of seniority under this Agreement where present required qualifications are determined by this Agreement to be sufficient to meet the requirements of the available work, seniority shall be the determining factor.

It is also agreed that seniority shall be the determining factor for any changes in shifts or schedules.

11.3. In addition to other reasons which may be referenced elsewhere in this Agreement, seniority and the employment relationship shall be broken and terminated, unless the employee returns under the provisions of Section 11.1a, when an employee:

a) Quits;

b) Retires;

c) Is discharged for just cause;

d) Is absent for three (3) consecutive working days without notifying the Employer, unless the reason for failure to notify the Employer is because of a proven physical disability or act of God;

e) Fails to return to work within ten (10) working days of receipt of notice of recall from layoff;

f) Is on continuous layoff for a period of more than seven hundred and thirty (730) days.

g) Fails to notify the Employer no later than five (5) working days prior to the end of an extended leave of absence of his desire to be reinstated, or fails to report to work at the termination of any leave of absence, unless in either case he is prohibited by an emergency which is properly reported;

h) Accepts other employment while on leave of absence.

11.4. When employees in the bargaining unit covered by this Agreement are promoted or transferred to positions with the Employer outside the bargaining unit, they will retain and accumulate seniority for a period of thirty (30) days, during which period such employees may be allowed to return to the bargaining unit. In such event, the employee may only return to the job he left. If at the conclusion of the thirty (30) days, the employee is outside of the bargaining unit, he will lose all seniority rights under this Agreement.

11.5. It is the responsibility of all employees to notify the Employer, in writing, of any change in address or telephone number. The failure of the employee to take action to ensure that such information is current shall remove from the Employer any and all liability under this Agreement in matters wherein such information is integral to the fulfillment of the Employer obligation or responsibility.

11.6. The Employer will prepare and post a seniority listing on the Union bulletin boards.

The initial seniority listing will be prepared by the Employer upon execution of this Agreement. Employees will have thirty (30) calendar days to object to posted seniority dates. The Employer will update the seniority listing every three (3) months thereafter. A copy will be forwarded to the Union. A seniority, hiring and termination report of Bargaining Unit employees will be provided to the Union Business Manager’s office on a monthly basis.

ARTICLE 12

PROMOTIONS AND TRANSFERS

12.1. It is recognized by both parties that vacancies will occur, or new positions will be created from time to time. Before new employees are hired to fill new or existing positions, the Employer shall transfer or promote from within the Employer’s bargaining unit if employees having the required qualifications to perform the work are available. Such will be accomplished through the job posting. When a vacancy occurs, the job will be posted on all bulletin boards accessible to the employees. Job bidding shall be in effect for seven

(7) workdays from the date of the posting. Should a posting be delayed being delivered to all reporting areas, the seven (7) workday job bidding will be extended by the number of days it was delayed. The Employer will be responsible to date the job announcement on the day of posting. The posting will specify the position, wage rate, required qualifications, location assignment, shift, and date available. Employees interested in applying for the position must sign a bid form as provided by the Employer and submit it to the Project Manager or Deputy Project Manager within seven (7) workdays from the date of the posting. A copy of the posting shall be provided to all Union Stewards and a copy forwarded to the IBEW Business Managers Office at the same time as the posting.

In addition, a job status report shall be provided to the Stewards and forwarded to the Business Manager’s office along with each job action but no less than monthly.

Sufficient copies of the postings will be forwarded to the Union and Union Stewards. The

Employer may simultaneously recruit, but not hire, outside of the bargaining unit during the internal posting period. Jobs will remain posted, and the bargaining unit members may continue to apply, until filled.

12.2. In the interest of providing equal opportunities for employees to be promoted and to maintain the appropriate occupation classifications of work performed, any continuous or repetitive assignments to a job classified at a higher pay or one that has promotional possibilities and where there is no announced job vacancy, when the assignment consistently exceeds twenty-four (24) hours or more in any work week in a sixty (60) day period at any one site. The job position consistently being assigned shall be appropriately classified and shall be filled by Job Posting and Bid Procedures expressed in this agreement.

12.3. Unsuccessful bidders will be notified in writing of the reason they were not awarded the job within three (3) working days of the award of the job. The Employer will consider all eligible employees who have signed a bid form.

12.4. Any employee filling a job opening which involves a change to a classification not previously held by the employee may be disqualified at any time within thirty (30) worked days if management determines that he is unable to satisfactorily perform the job.

Any employee who successfully completes the thirty (30) worked day trial period shall be required to stay on the bid job for a period of eighteen (18) months and during this time, any bid he places upon another job shall be given consideration by the Employer only after all other internal bidders have been rejected. A successful bidder may disqualify himself from the bid job at any time prior to the conclusion of the fifth (5th) working day after entry into the job. If management has reasonably determined any time during the thirty (30) worked day period that a bidder is not qualified to perform the bid job, or in the event the bidder voluntarily disqualifies himself within the five (5) working day period, he shall be placed back into the previously held job. However, in either event, such employee, from the date he is placed back into his previously held job, is precluded from bidding on the same job for a period of one (1) year.

12.5. If a job is not filled by utilizing the job bidding procedure provided in this Article, nothing herein shall prohibit the Employer from filling an opening from any source, including hiring from the outside, provided the same qualification requirements are met or are exceeded by the new hire. Nothing contained in this Agreement shall require the Employer to fill any opening at all. In the event the Employer posts a job for bid but thereafter determines that it does not wish to fill the job, a notice will be placed on appropriate bulletin boards indicating same.

12.6. For bidding that represents a promotion or lateral transfer, the most senior person will be selected provided the employee possesses the required qualifications.

12.7 Lead Positions

a) It is the sole prerogative of management to select employees to lead positions and to abolish lead positions.

b) All Lead positions will be posted as provided for in Article 12 Section 12.1. All lead persons will be selected from the bargaining unit. The Employer will select lead positions based on ability, fitness, skill and knowledge. The Employer shall notify the Union of lead persons assigned.

c) Lead persons shall be qualified to perform any of the duties for which they are responsible for in their own craft, in order that they may train any employee coming into their section/department and direct employees in their assignment of work, as instructed by their supervisors.

d) Lead persons are to work in peace and harmony with their fellow employees.

They are not empowered to hire, fire, suspend or discipline, or recommend discipline for any employee. Lead persons are simply to carry out instructions as directed by their supervisors and report any problems they incur.

e) Lead persons assigned to a specific function within a department shall be paid in accordance with the scheduled wage rate in Appendix “A”.

12.8. The demotion of an employee to a new or existent position will be considered at the request of the employee on a case by case basis. The approval of such demotions will not be unreasonably denied. All requests shall be in writing. Upon the effective date of such demotion, the affected employee will accept the lower wage rate.

12.9. Salary rates for new or revised occupational classifications: In the event, the Employer establishes a new or revised occupational classification in the bargaining unit;

the salary rate applicable shall be determined by negotiation between the Employer and the Union. Operations shall not be delayed through failure to immediately agree upon salary rate applicable to any such occupational classification. In such cases, pending the results of negotiations, the Employer will establish the new or revised occupational classification and the Employer-proposed salary rate applicable thereto and shall place such occupational classification and such salary rate into effect. Negotiated rates finally established which are higher than the Employer proposed rate will be paid retroactive to the date of the start of the occupational classification.

If negotiations fail to produce an agreed upon wage rate, the dispute may be submitted to arbitration under provisions of Article 15 Grievance and Arbitration Section 15.3 Step

4. Any agreement on a new wage rate for such classification, or the arbitrator's decision on such rate, will be effective as of the date the employee began performing work in the new classification.

The Employer agrees that all occupational classifications established shall be in accordance with the Department of Labor, Service Contract Act Directory of Occupations

(latest revision). Conformance(s) to the Department of Labor Regulations, the Parties agree that in all occupations, the major duties and task performed by an employee shall determine the Job Title. It is further agreed by the Parties that there will be no artificial sub-dividing, or splitting of occupational classifications, to purposely arrive at a lower rate of pay.

12.10. When the promotion or transfer of an employee results in the transition from one signatory Employer (“original Employer”) to another (“new Employer”), the original Employer will pay out all unused accrued vacation and/or PTO. The new Employer shall grant the promoted or transferred employee an equivalent number of unpaid leave, up to twenty-four (24) hours. These hours are to be used within the first one hundred and eighty

(180) days of employment with the new employer.

ARTICLE 13

LAYOFF AND RECALL

13.1. The Union recognizes the right of management to layoff or to reduce the hours of work for legitimate business necessities.

The Employer will make notification to the Union of layoffs in written form two (2) weeks prior to the effective date of the layoff. The notification will specify the classifications, which will be affected by such action. Such notification will likewise be presented to the affected employees.

13.2. When a layoff or reduction in hours occurs, the following general rules shall apply:

a) Lay off or reduction in hours shall be by classification affected by the layoff.

b) The Employer may not layoff or reduce hours of permanent employees until they have eliminated all non-permanent positions within the layoff classification in the following order: temporary, and probationary. Should greater reduction be required, the Employer will eliminate part-time positions within the classification. Such reduction in force may require the Employer to create work assignments of irregular work schedules.

c) Employees within the layoff classification shall be laid off the least senior employee being laid off first; provided the more senior employee possesses the necessary qualification and ability to perform the work.

13.3. Employees affected by a layoff under the foregoing may exercise seniority rights as follows:

a) Displace any probationary or temporary employee in the bargaining unit, provided they maintain a greater seniority and are qualified to perform the work of the employee being displaced.

b) Displace the least senior full-time employee in a lower or lateral full-time classification provided they maintain a greater seniority and are qualified to perform the work of the employee being displaced.

c) Any Employee displaced by this procedure shall be allowed the option to displace the least senior part-time employee in their classification. To maintain full-time employment the employee may be required to work irregular shifts/schedules.

d) Employees exercising seniority rights must notify the Employer’s Project Manager in person, electronically, or in writing of their intention to exercise their seniority rights within seven (7) calendar days of the notification to the employee.

e) No employee will have the right to displace an employee in a higher rated classification than they are assigned at the time of the layoff unless such employee had previously held such position.

13.4. Employees shall be recalled to work from layoff in reverse order of layoff provided that in each case the employee, as determined by the Employer, possesses the required qualifications to perform the available work without training or break-in.

13.5. Recall of employees from layoff shall be conducted in the following manner:

a) Notice of recall shall be mailed to the laid-off employee and the Union by certified mail, return receipt requested, sent to the last address provided the Employer by the employee.

b) The notified employee shall advise the Employer and the Union within five (5) working days of receipt of the notice of his desire to return to work and shall report to work within ten (10) working days of receipt of the notice.

c) The failure of a recalled employee to take either step required in Paragraph B above shall result in termination of seniority and the employment relationship provided such recall is for same classification the employee held at time of lay-off.

13.6. Any dispute over the application of this Article will be subject to Article 15, Grievance and Arbitration Procedures.

ARTICLE 14

HOURS OF WORK

14.1. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and other premium wages, and nothing contained in this Agreement shall be construed as a guarantee or a commitment by the Employer to any employee of a minimum or maximum number of hours of work per day, per week, or per year. The employer retains the right to schedule more or less hours of work than that normally scheduled in the standard workday or workweek that is economically necessary to provide the services required under the JBOS contract. Such will not be used for the purpose of avoiding the provisions defined in Article 14 Section 14.9.

14.2. The workweek shall consist of seven (7) days MST’s workweek runs Monday to Sunday. Jll’s workweek runs Sunday to Saturday.

14.3. A regular workweek shall consist of five (5) eight (8) hour days with two (2) consecutive off days or four (4) ten (10) hour days with three (3) consecutive off days. A regular workweek may also include a Modified schedule for 24-hour operations that includes some prescheduled twelve (12) hour days that, in rotation with the regular work schedule, total hours for the week do not exceed forty (40). If the Employer has determined that some, but not all, employees will work four (4) ten (10) hour days, senior employees per classification in a shop will be offered the new shift first.

14.4. A workday is a period of twenty-four (24) consecutive hours beginning at 0001 (or at the shift starting time nearest thereto) and ending at 2400 (or the shift ending nearest thereto).

14.5. Employer has the right to establish regular shifts of other than described in Article 14 Section 14.3. In the event, the Employer desires to exercise this right, it shall notify the Union of its decision to do so at least ten (10) working days in advance of implementation. The Union may thereafter request negotiations with the Employer within five (5) working days of receiving such notification. Such negotiations shall only be for the purpose of making modifications of the language of this Agreement necessary to accommodate the new shift hours. It is understood that nothing herein shall prohibit the Employer from requiring employees to work the new shift pending the conclusion of such negotiations. However, accommodations agreed to affecting the new shift will be retroactive to the start date of the new shift.

14.6. The first shift will commence between 0600 and 0900 hours. The second shift will commence between 1400 and 1700 hours. The third shift will commence between 2200 and 0100 hours. However, should the Navy and/or Marine Corps directly, or indirectly through modified work requirements, require the Employer to start a shift outside the commencement periods identified above, the parties recognize that the Employer will have to comply. The Employer will notify the Union of any such Navy requirement upon receiving official notification from the Navy.

14.7. There shall be one (1) specified thirty (30) minute unpaid meal period normally to be taken between 1130 and 1230 hours. Should a work demand arise where an employee is required to work through the designated time frame for lunch and not be relieved, the employee shall not be allowed to take compensatory time off in lieu of being paid overtime.

There will be no voluntary roll back of any type. Employees performing watch stand duties will not receive a meal period but will be allowed to eat at their post.

Employees shall be allowed to take two (2) fifteen (15) minute paid rest periods during the course of their shift, to be taken two (2) hours after shift start and two (2) hours prior to the end of the shift, unless otherwise approved by management. Employees shall be allowed to take their rest periods in the geographical work area that will provide them an opportunity to use rest room facilities and to obtain refreshments. Employees may use concession facilities in the work area to obtain refreshments. Should a group of employees be confined to or be working in a specific area, they may take their rest periods as a group.

14.8. It is recognized that the Employer’s operations may require performance of work in excess of hours that are normally assigned in any workday. The Employer shall seek to equitably distribute scheduled overtime work among employees within each classification by site (i.e. Naval Air Station Jax and BUMED). The amount of overtime hours refused will be added to the employee’s overtime log unless refusal is due to any of the following reasons: employee is on a pre-approved day off or Personal Time Off Day. A standardized overtime log will be maintained by the Employer. The overtime log shall be updated weekly. The Employer will provide enough copies of the overtime log for the stewards to post on all union bulletin boards in the reporting areas of the employees.

These copies will be provided to the Union Stewards. If an employee transfers into another classification or is a new hire, the hours will be listed on the overtime log equal to the highest employee in the classification’s total overtime hours. Any employee out of work in excess of one calendar month will upon return have the equal amount of overtime hours listed on the overtime log as the highest in the classification. Should the company require overtime and no employee volunteers, overtime shall be assigned to the with the least amount of accrued overtime as determined by the overtime log.

14.9. All work performed outside of the regularly scheduled forty (40) working hours shall be paid for at one and one-half times the straight time rate of pay. All work performed on Holidays (as described in this agreement) or days celebrated as such shall be paid for at one and one-half times the straight time rate of pay. In addition to actual hours worked, all hours accumulated in the status of vacation, Paid Time Off (PTO), Holidays, Jury-Duty, Bereavement Leave shall be counted and used in the computation of overtime hours, except in the case when a holiday is worked. When a holiday is worked, total hours counted for the purpose of over forty (40) hours overtime calculation shall be based only on the hours actually worked during the work week.

14.10. Employees who are called-in or report for unscheduled overtime outside of their normal scheduled working hours shall receive a minimum of four (4) hours pay at the applicable rate or pay for all hours actually worked at the applicable rate, whichever is greater. If an employee receives a cancellation call within fifteen (15) minutes of the initial call in, the employee will receive one (1) hour of overtime pay. Employees will perform such emergency duties as the Employer assigns. Employees who are contacted by management outside of their normal scheduled hours for the purpose of productive technical consultation shall receive a minimum of one (1) hour of pay at time and one (1) half of the employees’ straight time rate of pay. Should the issue not be resolved by phone and the employee is directed to report to work, the employee shall not receive one

(1) hour’s pay for phone contact in addition to call in pay as noted above. Such hours will not be considered for the purpose of reaching forty (40) hours in any one workweek.

14.11. Employees who report for a regularly scheduled work shift shall be entitled to a minimum of four (4) hours of pay. Should the employer fail to provide the employees a full day’s work due to power interruption, fire, flood, storm, equipment failure, emergency conditions, or any act of God, employees shall be entitled to use any form of paid leave or be granted unpaid administrative leave for the duration of time the employer cannot provide work. The Employer will maintain employee health benefit payments during the interruption of work.

14.12. The Employer shall have the right to designate Qualified Employees of Specific Trades or Shops as being "Emergency Responders". Employees so designated will be assigned to be “On-Call” on a rotational basis and are solely responsible to respond to call-ins. Qualified employees of a specific trade designated for the on-call list will be exempt from being on the list only if on approved leave of absence as described in Article 21, Leave of Absence or if Human Resources has approved an accommodation found reasonable based on FMLA eligibility criteria. An employee designated as “emergency responder" will be reachable by an employer provided signal device. Employees shall provide an alternate telephone number on the duty roster in advance where he/she can be reached in the event he/she is unable to be reached on the provided signaling device.

Emergencies requiring craftsman will be responded to by employees classified as craftsman. No employee shall respond to emergencies as an out of class worker.

14.13. On Scene Operations Team (OSOT) Compensation: The minimum number of OSOT members is determined by the customer contract. The employer may add additional volunteer members beyond the contract minimum to meet workload demands.

Additional volunteers will be chosen as follows: the first selection will be per the Employer’s choice, the second will be based on seniority, and alternating thereafter.

However, current volunteer members have first right of refusal. Members must remain on the OSOT a minimum of two years unless determined to be physically not qualified or for other extenuating circumstances. Qualified OSOT members will be compensated in accordance with Appendix A. Compensation includes actual clean-up operations and team training. In addition, when qualified as a member of the OSOT, employees shall be paid in accordance with the Appendix A wage increase in their straight time base rate of pay to reflect the technical expertise gained through specialized spill response training provided by the company. When designated in the capacity of OSOT Lead on spills the employee so designated will receive lead differential over the highest classification straight time base rate within the responding OSOT Team in accordance with Appendix A while so assigned. Members of the OSOT Team will be expected to respond to emergencies both during and after regular work hours. Repeated failure to respond to after-hours calls will be cause for reconsideration of OSOT Team membership and incentive pay status.

14.14. During government determined emergency situations when the government deems that the base will be shut down there may be employees that the Employer requests and/ or determines are required to remain in place to perform job duties during the event. These employees will receive time and one half their base pay for all hours that they are present during the emergency event. Such hours will not be considered as hours worked for the purpose of reaching 40 hours in one workweek.

ARTICLE 15

GRIEVANCE AND ARBITRATION PROCEDURES

15.1. For purpose of this Agreement, the term grievance means any dispute between an employee and the Employer or between the Union and the Employer as to the application or interpretation of the terms of this Agreement.

15.2. In order for a grievance to be timely submitted, it must be presented to the immediate supervisor and Human Resources via email at the informal step within ten (10) workdays after the event which gave rise to the grievance, or within ten (10) work days following the date the employee could have reasonably expected to be aware of the incident giving rise to their grievance. An employee who desires to use the grievance procedures must be represented by the Union.

15.3. Should a grievance not be resolved in discussions between the aggrieved employee, a Union Steward, and his immediate supervisor, the grievance shall be reduced to writing by the Union. The written grievance must contain a description of the nature of the grievance and the facts surrounding it, as well as a statement as to the specific remedy requested.