J-0200000-02 CBA-2020-719_0003.pdf

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AGREEMENT

Between

MIDNIGHT SUN TECHNOLOGIES LLC

and

INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO

LOCAL 673

1 January 2026 through 31 December 2028

TABLE OF CONTENTS Page

ARTICLE 1 Parties of Agreement 4

ARTICLE 2 Purpose 4

ARTICLE 3 Union Recognition 4

ARTICLE 4 Union Security Clause 5

ARTICLE 5 Dues Check-Off & Authorization Form 5

ARTICLE 6 Non-Discrimination 7

ARTICLE 7 Management’s Rights 7

ARTICLE 8 Visitation 8

ARTICLE 9 Stewards 8

ARTICLE 10 Safety 9

ARTICLE 11 Jurisdiction 10

ARTICLE 12 Contractual Work 10

ARTICLE 13 Seniority 10

ARTICLE 14 Transfer & Promotional Procedure Job Posting Promotions, Probationary Period

ARTICLE 15 New Jobs 12

ARTICLE 16 Discipline & Discharge 13

ARTICLE 17 Leaves of Absence 13

ARTICLE 18 Grievance & Arbitration Procedure 15

ARTICLE 19 Vacation 17

ARTICLE 20 Holidays 18

TABLE OF CONTENTS Page

ARTICLE 21 Hours & Work Week Call Back Reporting Pay

ARTICLE 22 Drug and Alcohol Policy 20

ARTICLE 23 No Strike No Lockout 21

ARTICLE 24 Jury Duty 22

ARTICLE 25 Classification & Compensation 22

ARTICLE 26 Bereavement 22

ARTICLE 27 Personal Time Off 23

ARTICLE 28 Binding Effective Agreement 23

ARTICLE 29 Scope, Waiver & Alteration of Agreement 23

ARTICLE 30 Miscellaneous Personnel Policies/Procedures Personnel Records Bulletin Boards Company Rules Locker Inspections Part Time Health and Welfare Lead Positions Safety Shoes Prescription Safety Glasses

ARTICLE 31 Client/Contractor Relationship and Requirements 25

ARTICLE 32 Required Licenses 26

ARTICLE 33 Term of Agreement 26

APPENDIX A Wage Schedule, H&W, Pension & 401(k) 27

APPENDIX B Work Rules and Standards of Conduct 29

ARTICLE 1

PARTIES OF AGREEMENT

THIS AGREEMENT made and entered into this 12th day of November and effective as of 1 January 2026, between Midnight Sun Technologies, LLC (hereinafter referred to as the Employer), and the International Union of Operating Engineers Local 673 (hereinafter referred to collectively as the Union.)

The parties signatory hereto recognize this Agreement as binding upon Midnight Sun Technologies, LLC and the International Union of Operating Engineers Local 673, for all eligible employees of the Employer employed by the Employer on work under Contract # N69450-19-D-1750 at Naval Air Station Jacksonville (NAS JAX) as reflected in National Labor Relations cases, Transmet 12-RC-8662 and SKE-12-RC-8663.

There shall be one unit and one labor agreement for all eligible employees of Midnight Sun Technologies, LLC on work under Contract # N69450-19-D-1750 at Naval Air Station Jacksonville (NAS JAX) as reflected in National Labor Relations cases 12-RC- 8662.

ARTICLE 2

PURPOSE

It is the intent and purpose of the Employer and Union to set forth herein the Agreement with respect to wages, hours, and working conditions as relates to the bargaining unit employees covered by this Agreement identified by classification in Appendix A. Further, it is the intent of the parties to secure maximum efficiency of the operation and maximum production of the employees; and to provide a fair and prompt grievance procedure for the peaceful settlement of the employee’s grievances; and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

ARTICLE 3

UNION RECOGNITION

Section 1. Union Recognition

a) The Employer hereby recognizes the International Union of Operating Engineers, AFL-CIO, Local 673 as the sole and exclusive collective bargaining agent of the employees covered by this Agreement for the purpose of collective bargaining with respect to rates of pay, wages, and hours of employment.

b) The term "employee" as used herein shall include all employees in job titles listed in Appendix A, trainees, and apprentice employees including full time and part time employees employed at Naval Air Station, Jacksonville, FL, and no other employee(s), at no other site, project or location whatsoever of Employe

ARTICLE 4

UNION SECURITY CLAUSE

Section 1. All present employees, who are members of the Union, on the effective date of this Agreement, shall remain members as a condition of employment. All present employees who are not members of the Union shall, as a condition of employment, become members of the Union no later than the thirty-first (31st) day after the effective date of this Agreement. New employees hired hereafter shall, as a condition of employment, become members of the Union no later than the ninety-first (91st) day of their employment.

Membership means the payment of an amount of money equal to the affiliated Local Union’s regular dues. Failure to comply with this requirement shall result in discharge of the employee upon written notification to the Employer by the Union, that an employee has failed to tender the appropriate dues uniformly imposed upon all employees in the bargaining unit.

Section 2. The Union shall indemnify, defend and hold harmless the Employer against any and all claims or liabilities arising out of the administration of this Article.

Section 3. All new hires shall participate in the Southern Operators Health and Welfare Fund.

ARTICLE 5

DUES CHECK-OFF AND AUTHORIZATION FORM

Section 1. Upon presentation to the employer of a signed check-off authorization form signed by an employee on the wage assignment form printed below, the Employer will deduct from the wages due such employee for each pay period, the amount of the Union dues (and initiation fee, as appropriate) uniformly required as a condition of acquiring or maintaining affiliated Local Union membership. The amount of weekly dues and the amount of the initiation fee shall be fixed by the Local Union in accordance with its Constitution and Bylaws of the Local Union and shall be certified to the Employer by the Financial Secretary of the Council as being so fixed.

Section 2. The wage deduction referred to in Section 1 of this article shall be remitted monthly by check made payable to the International Union of Operating Engineers Local 673 within fifteen (15) days following the month in which such deductions are made, to the Secretary- Treasurer of the Council. Together with the monthly check, the Company will forward a list of the employees and amount of deduction for which deductions have been made. The Union agrees that in the event of any change in the Local Union’s dues structure, it will notify the Employer thirty (30) days prior to the first (1st) pay period of the following month.

Section 3. A check-off authorization or revocation shall become effective on the first day of the pay period following the week in which it is delivered to the Employer.

Section 4. In the event the Union shall in form the Employer of the omission of a dues or initiation fee deduction as to a particular employee for whom a wage assignment form was timely filed, the deduction shall be made out of the next weekly earnings of adequate amount for that employee following notice from the Union, as long as no revocation letter was timely filed. A revocation letter to be timely it must be filed via, Certified Mail and received by both the Employer and the Union thirty (30) days prior to its effective date.

Section 5. The Union shall indemnify, defend and hold harmless the Employer against any and all claims or liabilities arising out of the administration of this Article.

Section 6. The dues authorization and assignment is made pursuant to Section 302 of the National Labor Relations Act, as amended, and is in full force and effect to the extent permitted by that Act.

Section 7. The Employer agrees to deduct and transmit to the EPEC, five cents ($0.05) for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deduction have been made, and the amount deducted for such employee.

Section 8. For the purpose of this Article, wage assignments shall be in the following Form:

MIDNIGHT SUN TECHNOLOGIES LLC

Wage Deduction Authorization

I hereby authorize and request my employer, Midnight Sun Technologies, LLC, to deduct a one-time initiation fee in the amount of $10 and one half (1/2) of one (1) hour’s wage per week. Such amount of money is equal to the monthly union dues as certified to my employer by the International Union of Operating Engineers Local Union 673. This amount is to be deducted in weekly amounts for each week I am compensated. Such deductions are to be forwarded to the address of 8366 Devoe Street, Jacksonville, Florida, 32220. Weekly deductions shall be included in the month in which the week ended.

This authorization shall remain is effect and be irrevocable until the anniversary date of the current agreement and shall automatically renew itself and be irrevocable until successive anniversary dates unless revoked by me at least (10) days but more than twenty (20) days prior to any anniversary date by notifying my employer and the Local Union by registered mail of my desire to cancel said authorization.

SIGNATURE

DATE

NAME

SOCIAL SECURITY NUMBER

ARTICLE 6

NON-DISCRIMINATION

Section 1. The Employer and the Union both recognize their responsibilities under Federal, State, and Local laws pertaining to fair employment practices as well as the moral principles involved in the area of Civil Rights. Accordingly, both parties reaffirm by this Agreement the commitment not to discriminate against any person or persons because of union activity (member or non-member) race, creed, color, religion, national origin, sex or age, or because the employee has a disability, or is a veteran a disabled veteran or a veteran of the Vietnam era or Operation Desert Storm.

Section 2. The use of the masculine or feminine gender or any titles, which connote gender in this Agreement, shall be construed as including both genders and not as sex limitations.

ARTICLE 7

MANAGEMENT’S RIGHTS

Section 1. The management and direction of the work force shall be in the sole discretion and full responsibility of the Employer and except to the extent expressly abridged or limited by a specific provision of the Agreement, the Employer reserves and retains, solely and exclusively, all its rights, functions and prerogatives of management including but not limited to:

1. The executive management and administrative control of the Employer, its properties, equipment, facilities, and operations and to direct the activities and work of its employees;

2. Hire all employees and determine their qualifications and the conditions of their continued employment;

3. Promote, transfer and assign all employees;

4. Determine the size of the work force, and to expand or reduce the work force;

5. Establish, eliminate, continue or revise any personnel and employment policies and/or work rules and regulations;

6. Dismiss, demote and discipline employees for cause;

7. Establish, modify or change any work, business schedules, hours or days;

8. Determine the services, supplies and equipment to conduct its operation, including the distribution thereof, establish standards of operation and performance, and determine the means, methods and processes of performing and/or accomplishing the work to be done, including the assignment and distribution of tasks and work among any of its work force.

9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations and determine the size of its administrative organization, its functions, and authority, amount of supervision and table of organization.

ARTICLE 8

VISITATION

Upon request by the Union, and the presentation of proper credentials, Officers or accredited Representatives of the Union shall be admitted into the buildings serviced by the Employer during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties, or for the assisting in the adjusting of grievances, provided, that said visitation shall not be in areas and at times which would be detrimental to the management and the function of the facility owner. Such visits shall be coordinated in advance with the Employer and shall not interfere with the functions of the Customer. The Employer will assist the Union with obtaining the necessary badges and stickers for entry to the bases.

ARTICLE 9

STEWARDS

Section 1. The employees shall be represented by a Shop Steward at NAS Jacksonville.

Stewards shall be chosen or selected in a manner determined by the Union. The Stewards’ name shall be furnished to the Employer in writing by the Union. Each Steward shall be a represented Midnight Sun Technologies, LLC’s employee.

Section 2. Arrangements may be made to allow the Steward up to three (3) hours per incident, per week, for the purpose of investigating grievances and to attend grievance meetings, after approval is granted by the steward’s immediate supervisor. Upon written request by the Union the Employer will allow Steward(s) to participate in CBA negotiations when mission requirements permit.

Section 3. When the Employer hires a new employee, the Union shall be supplied the following information within the newly hired employee's first (1st) thirty (30) calendar days of employment: name, address, date of hire, Social Security Number, classification, job location and shift assignment.

Section 4. It is agreed upon and understood that the Steward is to continue to be a productive, contributing and working employee of the Company subject to all the normal and usual rules and regulations of any other employee. The Company will grant permission for the Steward to receive and process grievances when circumstances make it appropriate. When mission requirements permit, time off during duty hours will be granted, without loss of pay or benefits, to permit the Steward to carry out their authorized representational responsibilities to the employees in the unit.

Section 5. Each employee covered by this Agreement must go to his supervisor to request a Steward’s presence. When mission requirements permit the supervisor will insure the employee is passed to the steward within four (4) on-duty hours of having received the request from the employee.

Section 6. Shop Stewards shall have Super Seniority in order to maintain proper representation for the employees. Super Seniority shall apply only to layoff, recall, reduction in force and transfer.

ARTICLE 10

SAFETY

Section 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.

Section 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 it will be maintained current with the applicable laws, rules and regulations. It is the Employers’ responsibility to train employees on the content of the S&HP, as well as when the S&HP is amended.

Section 3. 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.

Section 4. 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.

Section 5. 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.

Section 6. 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

JURISDICTION

Persons not covered by the terms of this Agreement may temporarily perform work covered by this Agreement for the purpose of instructional training, experimentation or in cases of emergency. At no time will a bargaining unit employee be transferred or displaced when the Employer exercises this provision.

ARTICLE 12

CONTRACTUAL WORK

The right of contracting or subcontracting is vested in the Employer. Additional employees who are hired to service any expansion of Employer's or the site facilities on a consistent and routine basis shall be covered by this Agreement. During the term of this Agreement, the Employer shall not contract with any private person or business entity for hire or fee to perform any of the work normally and/or routinely done by bargaining unit employees, if by doing so it will cause any bargaining unit employee to be or remain laid off or reduced in hours of work because of assignment of the work.

ARTICLE 13

SENIORITY

Section 1. Seniority is measured by the employee’s length of continuous service with the Company and/or predecessors

Section 2. A newly hired employee shall be on a probationary status for ninety (90) calendar days taken from and including the first (1st) day of employment. If at any time prior to the completion of the specified probationary period, the employee's work performance is unsatisfactory; the employee may be dismissed by the Employer during this period without appeal by the Union.

Section 3. Fringe benefits will become available on the date of hire.

Section 4. Probationary employees completing their probationary period shall be granted seniority to date of hire.

Section 5. Employees shall be laid off or recalled according to their seniority in their classification. An employee shall be given ten (10) working days notice of intended lay-off.

Section 6. An employee will lose their seniority for the following reasons:

a) The employee resigns.

b) The employee is discharged for cause.

c) The employee is absent for three (3) working days without notifying their supervisor without a good and sufficient reason.

d) Failure to return to work within ten (10) working days of receipt of notice of recall from layoff.

e) Is on continuous layoff for a period of 365 days.

Section 7. Seniority shall be frozen within the bargaining unit for an employee who transfers to a management position. That employee has thirty (30) days to exorcise their right to seniority and return to the bargaining unit in the event that such employee vacates their management position.

Section 8. Any employee that enters the bargaining unit shall maintain his/her original date of hire for all benefits. Seniority for purposes of the Collective Bargaining Agreement will start accruing as of the date the employee enters bargaining unit.

Section 9. An agreed-to seniority list shall be made available to the Union and posted on the employee bulletin board on or about July 1st of each year. Such list shall contain each employee's name, date of hire, employee's location and classification. The Union shall have thirty (30) calendar days upon receipt of the seniority list to submit corrections to the Employer.

ARTICLE 14

TRANSFER AND PROMOTIONAL PROCEDURE

Section 1. Notice of vacancies and newly created positions within the jurisdiction of this Collective Bargaining Agreement shall be posted on employee bulletin boards, with a copy to the Union, within ten (10) work days from the date of the vacancy, or the establishment of the new position. The employees shall be given five (5) work days time in which to make application to fill the vacancy or new position or any other vacancy that may result from filling the original vacancy or new position. The Employer shall establish a meeting within five (5) work days of the closing date for anyone who has expressed interest in the vacancy(s). Each bidder by seniority will be given an opportunity to accept or refuse the vacancy open to them. As a person accepts a vacancy, their position becomes available to the next person by seniority until all vacancies are filled. For all vacancies, the most senior employee making application shall be transferred to fill the vacancy, provided the employee has the necessary qualifications to perform the duties of the job and there is no other applicant who can be shown to be better suited for the position by reason of superior experience, skill, ability, work attitude and/or other objective criteria.

Newly created positions or vacancies are to be posted in each building in the following manner:

1. Type of work.

2. The classification.

3. The place of work.

4. The starting date.

5. The rate of pay.

6. The hours to be worked.

7. The minimum qualifications for the position.

Postings shall be distributed to each facility.

Section 2. A newly promoted employee shall serve a probationary period of thirty (30) days. The employee, upon being promoted, shall be paid the base rate of pay for the position effective the first (1st) day the employee assumes and commences work at the new position. In the event that the employee's work performance is not satisfactory, the Employer shall have the right to return the employee to their former position.

Section 3. Any employee temporarily transferred from their classification to another classification within the bargaining unit, shall be paid either the rate of the position from which the employee is transferred, or the rate of pay for the position to which the employee is transferred, whichever is higher.

Section 4. Temporary transfers shall be for a period of no longer than ninety (90) calendar days, except in the event that both parties mutually agree to an extension. Temporary transfers shall be based on seniority and qualifications.

Section 5. Employees who are successful in bidding for a different position/ classification will not be eligible to bid on another position for one (1) year.

ARTICLE 15

NEW JOBS

Section 1. The Employer shall have the right to establish, evaluate, change and obsolete jobs, provided such action on the part of the Employer shall not be directed towards reducing the rate of a job in which no substantial change in the job itself has occurred. The Employer shall place into effect the new classification and a rate of pay for the job in question, and he shall designate the classification and pay rate as temporary.

The Employer shall notify the Union in writing of any such job, which has been placed into effect upon the institution of such new job.

Section 2. The new classification and rate of pay shall be considered as temporary for a period of ten (10) work days following the date of written notification to the Union. During this period, but not thereafter during the life of this Agreement, the Union may request in writing the Employer to negotiate the classification and pay rate. In a case where the parties are unable to agree on the classification and/or rate of pay, the issue may be submitted to the Grievance Procedure. When a new classification has been assigned a permanent rate of pay, either as a result of the Union not requesting negotiations for the temporary classification during the specified period of time, or as a result of final negotiations, or upon resolving the matter through the Grievance Procedure, the new classification shall be added to and become a part of Schedule A of this Agreement.

ARTICLE 16

DISCIPLINE DISCHARGE

Section 1. Dismissal, suspension, and/or any other disciplinary action shall be only for just and stated causes, with the employee having the right to defend themselves against any and all charges. When the Employer believes disciplinary action is warranted, such action must be initiated within five (5) working days of the occurrence of the condition giving rise to the action, or within five (5) working days of the date that it is reasonable to assume that the Employer first became aware of the conditions giving rise to the discipline. Written notification of dismissal, suspension, and/or other disciplinary action shall be sent to the employee and the Union. Among the causes, which shall be deemed sufficient for dismissal are the following:

1. The state of being under the influence and/or possession of alcohol, unauthorized prescription or and/or illegal drugs.

2. Dishonesty, to include falsification of documentation and/or false allegations.

3. Insubordination. Deliberate refusal of employee to perform job assignments.

4. Theft or vandalism.

5. Violation of site work rules, or statutes or governmental regulations.

6. Willful violation of Safety practices.

7. Calling an unauthorized strike, work slow down or walkout.

8. Fighting or unprovoked assault of another employee or Employer representative.

9. Destruction of company, government or employee property.

10. Sleeping during work hours.

11. Use of another employee’s badge, or pass, or permit to enter property.

Section 2. Additional Work and Conduct Rules are listed in Appendix B.

ARTICLE 17

LEAVES OF ABSENCES

Section 1. An employee who, because of illness or accident which is non-compensable under the Worker's Compensation Law, is physically unable to report for work, shall be given a leave of absence without pay, and without loss of seniority, for a period of time up to six (6) months, which may be extended by mutual agreement, provided the employee promptly notifies the Employer of the necessity; therefore, and provided further that the employee supplies the Employer with a certificate from a medical doctor of the necessity for such absence and for the continuation of such absence, when the same is requested by the Employer.

Section 2. Leaves of absence without pay and without loss of seniority, may be granted for reasonable periods of time for physical or mental illness, prolonged serious illness in the immediate family, which includes husband, wife, children or parents living in the same house. Approval of a Leave of Absence under this section is in the discretion of the Employer, except when the leave is made under the provisions of “The Family and Medical Leave Act.”

Section 3. Leaves of absence with (vacation or PTO) or without pay, and without loss of seniority, may be granted for reasonable periods of time for training related to an employee's regular duties. The employee should give six (6) months advance written notice whenever possible.

Section 4. An employee, upon request, may be granted an unpaid leave of absence not to exceed six (6) months for the purpose of parental care of the employee's newborn child or newly adopted infant child.

Section 5. The reinstatement rights of any employee who enters the Military Service of the United States by reason of an Act or law enacted by the Congress of the United States, or who may voluntarily enlist during the effective period of such law, shall be determined in accordance with the provisions of the law granting such rights.

Section 6. Leaves of absence without pay, and without loss of seniority, will be granted as required by law to employees who are active in the National Guard or a branch of the Armed Forces Reserves for the purpose of fulfilling their required annual field training obligations, provided such employees make written request for such leave of absence immediately upon receiving their orders to report for such duty.

Section 7. Any employee in the bargaining unit who is either elected or appointed to a full-time position or office in the Union, whose duties require their absence from work, shall be granted a leave of absence without pay for the term of such office or position, and the employee shall not accumulate seniority during their term of office or position, and at the end of such term, shall be entitled to resume their regular seniority status and all job and recall rights.

Section 8. All reasons for leaves of absence shall be in writing stating the reason for the request and the approximate length of leave requested, and a copy shall be sent to the Union. Leaves may be granted at the discretion of the Employer for reasons other than those listed above when they are deemed beneficial to the Employer.

Section 9. Unpaid Personal Leave: An employee may apply to the Supervisor for an unpaid personal leave of absence for up to five (5) consecutive work days. The granting of said requests shall be at the discretion of the Site Manager. A request that is denied shall have the reason(s) for the denial so stated on the request form. Seniority shall not accrue for leave time granted under this Section.

Section 10. Outside Employment Exclusion: A leave of absence will not be granted and shall not be used to enable an employee to try for or accept employment elsewhere or for self-employment.

Section 11. Union Business: Any employee who may be elected an officer, or appointed a delegate to represent the Union shall be granted a leave of absence for the period of time required without pay. The Union shall give the Company written notification no less than five (5) working days prior to the leave of absence. This notification shall provide the names(s) of the person(s) involved and the probable start and stop dates of the leave of absence.

Section 12. Leave Without Pay (LWOP) is not available until all PTO/Vacation has been used.

ARTICLE 18

GRIEVANCE AND ARBITRATION PROCEDURE

Section 1. For purposes of this agreement, a grievance is defined as a dispute concerning the application and interpretation of a specific provision or provisions of the agreement as written. A controversy as to any matter not specifically covered by an express provision of this agreement, or which arose prior to the effective date of this agreement, shall not be subject to the grievance or arbitration procedures. The procedures set forth in this Article shall be the exclusive means for the disposition of all grievances under this agreement.

All grievances shall be processed in the following manner:

Step One: Within three (3) normal working days of the occurrence of the incident giving rise to the grievance, or within three (3) normal working days following the date the employee first reasonably should have known of the events giving rise to a grievance, with the objective of settling the matter informally, the affected employee shall first discuss the matter with his/her Supervisor.

Step Two: If the aggrieved employee is dissatisfied with the Supervisor’s response in Step

One, the employee, with or without the steward, shall within five (5) normal working days from the date of the occurrence giving rise to the grievance, present such grievance in writing to the Site Manager. The written grievance shall contain the following:

a) A statement of the occurrence giving rise to the grievance and containing all known pertinent facts;

b) The Article and paragraph of this agreement alleged to have been breached or violated;

c) The date, time, and place of the alleged violation;

d) The names of the persons present, if known, having direct personal knowledge of the facts involved;

e) A statement of what the aggrieved considers a reasonable and appropriate adjustment of the grievance; and

f) The grievance shall be signed by the grieving employee.

Grievances missing any of the above elements shall not be considered until corrected by the Steward. The Project Manager and/or Manager, Human Resources shall meet with the Business Manager or Designated Representative, the Steward, the grievant and any witnesses within five (5) workdays after receiving the grievance. Any settlement arrived at shall be reduced to writing and signed by the grievant, Business Manager or Designated Representative and the Steward. If no settlement is achieved the Project Manager shall give the Union Business Agent or his/her Designee a written answer within five (5) workdays following the grievance meeting. The Step Two answer shall settle the grievance unless it is appealed to Arbitration in accordance with Section 4 of the article.

Section 2. If a grievance affects more than one employee, only one employee shall represent the other grieving employees at all steps of the grievance procedure.

Section 3. If the union or employee fails to appeal the grievance within the time limits set forth in the grievance steps, the grievance will be considered settled based on the Employer's last answer. Failure of the Employer to respond within the time limits outlined above shall result in the grievance being resolved in the Union’s favor.

Section 4. Arbitration: If the grievance is not satisfactorily resolved in Step Two, the union may within fifteen (15) normal working days after receipt of the Step Two answer request that the grievance be resolved by an impartial arbitrator. Such a request must be in writing and must be submitted to the Manager, Human Resources. If the union fails to request arbitration within fifteen (15) normal working days after receipt of the Employer's Step Two answer, the matter shall be considered settled based on the Employer's Step Two answer.

a) In the event arbitration of the grievance is requested, the parties shall request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators from which an arbitrator for the grievance shall be selected by the parties. The Union and the Employer shall strike names alternately until only one individual is remaining on the list, and that individual shall be the arbitrator. The moving party shall strike the first name.

b) The decision of the arbitrator shall be final and binding on the parties; however, such decisions must be limited to the interpretation and application of the specific provisions of the agreement, and the arbitrator shall not have the authority to modify or amend the provisions of this agreement. In addition, the arbitrator's decision shall be limited to the issues or claims specifically set forth in the written grievance submitted under Step Two, and the arbitrator shall not make any findings or determinations or rule on any claims or issues not expressly contained in the written grievance nor shall he consider or give weight to any matter, evidence or testimony relating or pertaining to issues or claims not contained in the written grievance.

c) Each party shall bear its expenses in preparing and presenting its own case. The cost of the Arbitrator’s services and any other expenses incidental to the Arbitration, shall be borne equally by the parties.

d) Should the union want employees to be witnesses at any arbitration hearing, the union will be responsible for any lost pay incurred by the employee. Further, the union will notify the Employer within ten (10) normal working days prior to the hearing of the names of the employees who will be witnesses. The Employer may stagger the release of the employees so as to not interfere with production.

Section 5. Stewards will be paid for time spent preparing for or attending any grievance meeting with the Employer or arbitration hearing only as set forth in Article 9, (Union Stewards). Grievant will be paid for such time spent in grievance meetings or Arbitration.

Section 6. The parties may mutually agree to waive any of the time limits set forth in the Article. Any agreement to waive any of the time limits must be noted on the written grievance and initialed by both parties.

Section 7. For purposes of computing time under any of the provisions of the Article, the day of the occurrence, answer, or meeting shall be included in the calculation of time.

Section 8. The arbitrator shall hear only one grievance at a time.

ARTICLE 19

VACATION

Section 1. The Employer will provide accrued vacation to full time Service Contract Employees as provided below. Anniversary date for purposes of this section is the employee’s original date of hire.

0 - 48 months of service = 1.54 hours of accrued vacation per week 49 - 108 months of service = 2.31 hours of accrued vacation per week 109 months of service or greater = 3.08 hours of accrued vacation per week

Section 2. Vacation is expected to be used for needed rest and relaxation. Vacation balances for any single employee over 400 hours may be sold back to that employee

Section 3. Vacation leave credits in any given year shall not be earned for periods of absence without pay.

Section 4. Vacation request will be on a first come first served basis. When conflicts in scheduling vacation arise between employee requests and if the Employer has determined that it will approve some but not all of the requests, the requests of the senior employees will be honored.

Section 5. In order for a Vacation Request Form for twenty-four (24) hours or more to be timely submitted by an employee, it must be submitted to his Immediate Supervisor at least five (5) work days in advance of the scheduled Vacation start day. Approval/Disapproval of vacation requested under these provisions will be communicated to the employee within three (3) workdays after receipt of the employee’s request form. It is understood that the section of the request form that provides for “Comments” shall be used only when employee’s request have been denied or disapproved. Comments are not necessary when employee’s request are approved.

Section 6. It is agreed that unusual circumstances may arise when employees may have a need to use a portion of their earned vacation time due to unexpected or urgent necessities. Employees may use their vacation time for this purpose and are required to request such leave as far in advance as possible.

Section 7. An employee whose employment is terminated shall be paid for the unused portion of accrued vacation.

Section 8. Part Time Employees will receive a prorated vacation based on their regular work schedule at the accrual rate of 0.0385 hours for each hour worked.

Section 9. Employees’ paystubs will reflect vacation balance accruals each pay period.

Accrued vacation will be available for immediate use (in the pay period following the date it was earned).

ARTICLE 20

HOLIDAYS

Section 1. Should they occur during the life of this Agreement, the following days shall be recognized as holidays for all employees:

• Columbus Day

• Christmas Day

• Veteran’s Day

• Thanksgiving Day

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Floating Holiday

Section 2. When the holiday falls on a Saturday, Friday shall be celebrated. When holiday falls on Sunday, Monday shall be celebrated.

Section 3. A bulletin for general circulation is to be prepared by the Employer at the beginning of each fiscal year designating the precise date each holiday will be observed.

It is understood by the parties that the dates of holiday observance must coordinate with the schedule established by the Navy. This bulletin shall be posted on all Union boards.

Section 4. An eligible employee who is not required to work on a holiday or the day observed as a holiday shall receive eight (8) hours pay at his straight time rate, less shift premium and any all other compensation.

ARTICLE 21

HOURS AND WORK WEEK

Section 1. The regularly scheduled workweek shall consist of forty (40) hours beginning at 12:01 a.m. Monday and ending at 12:00 midnight Sunday.

Section 2. The normal workday shall be eight (8) consecutive hours, exclusive of the unpaid lunch period.

Section 3. It is understood that the Employer has reserved the right to establish regular shifts of other than eight (8) hours per day. In the event, the Employer desires to exercise this right he/she shall notify the Union of their decision to do so at least twenty-four (24) hours in advance of implementation.

Section 4. It is understood that the start time of a regular scheduled shift may be changed with twenty-four (24) hours notice to the employee.

Section 5. Nothing in this Article shall be construed as a guarantee of a maximum or minimum number of hours of work per day, per week or per year.

Section 6. When an employee is required to work and works in excess of forty (40) hours in a work week, such work shall be classified as overtime and paid for at the rate of one and one-half (1 ½) times his regular straight time hourly rate. Employees shall not be laid off from their normal schedule of work for the purpose of offsetting overtime or holiday hours or pay.

Section 7. The Company will make overtime available among those employees who normally perform the tasks for which overtime is required, and then by seniority insofar as practical among other qualified employees.

Section 8. All employees shall receive a one-half (1/2) hour lunch period.

Section 9. Leave Without Pay (LWOP) not available until all PTO/Vacation has been used.

Section 10. Each employee is entitled to fifteen (15) minutes break time in the first half and fifteen (15) minutes break time in the second half of his/her shift.

Section 11. Hours paid for vacation and holidays for full time employees shall be counted as hours worked.

Section 12. Overtime Rates: Time and one-half (1-1/2) will be paid for all time worked in excess of forty (40) hours in one (1) work week, for which overtime has not already been earned.

Section 13. Call Back Time, Scheduled Work, Call In Time: Whenever an employee is required to return to work after the completion of their regular scheduled working hours, the employee shall receive time and one half (1½) for all productive hours over forty (40) worked in a workweek, or a minimum of four (4) guaranteed hours pay at the employees straight time hourly rate, whichever is the greater. Pay for Call Back work begins when employee engages in work. Employees eligible for this provision will notify the on duty supervisor upon completion of the Call Back work and will remain at work and perform work within his/her classification for the entire four (4) hours.

Section 14. Reporting Pay: Any employee reporting for work at his/her regular starting time when they have not been notified not to report to work and for whom no work is provided shall receive four (4) hours pay at their regular straight time hourly rate. Any employee reporting for work at his/her regular starting time and who is placed at work shall be paid no less than four (4) hours pay at their regular straight time hourly rate. If more than four (4) hours are worked in any one (1) shift an employee shall receive pay for actual hours worked.

ARTICLE 22

DRUG & ALCOHOL POLICY

Section 1. The Employer is committed to employing individuals who refrain from the illegal use of drugs and alcohol, in order to provide safe work places for their employees and maintain programs promoting high standards of conduct to ensure safety and productivity.

Therefore, the possession, use, manufacture, or distribution of drugs and alcohol in the workplace is prohibited. Violations of this policy will subject the employee to disciplinary action, up to and including termination.

Section 2. In order to meet the requirements for a Drug and Alcohol Free Workplace, the Employer has the right to administer chemical screenings to prevent the use and presence of drugs and alcohol in the workplace. These chemical screenings may be administered in the following instances:

A. Pre-employment/Post offer - All candidates who have accepted a formal offer of employment are required to submit to the chemical screening process as a condition of employment.

B. Random - Employees will be subject to periodic chemical screenings on a randomly chosen basis.

C. Reasonable Suspicion - Employees reasonably suspected of using or being under the influence of illegal controlled substances, through uncharacteristic behavior or other credible evidence will be subject to chemical screening. If results are negative employee will be made whole for any lost wages and/or benefits while waiting for test results.

D. Post-Accident - An employee involved in a workplace accident or injury may be subject to chemical screening.

E. Return to Duty - Employees returning to duty from a leave of absence will be subject to chemical screening as evidence of fitness to return to work.

F. Post Positive - Employees who have received a chemical screening that indicates a positive test result and remain employed will be required to participate in Employer’s Employee Assistance Program (EAP), and will be subject to periodic chemical screenings for a period of up to one year. An Employee who refuses to participate in the Employer’s EAP Program, or is unwilling to submit to a periodic chemical screen will be subject to termination.

G. Employees who refuse to submit to a chemical screen will be subject to immediate termination.

Section 3. Chemical Screenings shall be administered in the following manner:

A. Employee(s) shall be notified by the Employer’s senior management representative or his/her designee in writing of any requirement for chemical screening. The Employer shall forward a copy of the notification to the Union office, and the appropriate steward(s) at the same time notification is given to any employee(s), provided the employee has given consent.

B. The Employer will notify the Union as to the designation of a medical facility or chemical screening laboratory which is to be used in the program. The Employer shall be responsible for all cost associated with the chemical screening program.

C. All chemical screening results shall be addressed to the employee(s), and delivered unopened to the job site of the employee(s). The employee(s) shall have the option of immediately revealing the results to the Employer. Should an employee elect not to do so, the employee will be subject to termination.

Section 4. It is understood that an employee may be instructed by a medical professional to take “Prescribed Medications”. Should an employee be subjected to a chemical screening when they are taking prescribed medications, the employee will notify the Employer and provide evidence from the doctor indicating the type of prescribed medication. Any chemical screening result which reflects the presence of properly prescribed medications will not be used against an employee for disciplinary action.

ARTICLE 23

NO STRIKE/NO LOCKOUT

Section 1. It is hereby agreed by the Union and the Employer that the Union will not resort to strikes (which include stoppages or slow-downs of work) during the life of this Agreement. Accordingly, neither the Union nor the employees will instigate, promote, sponsor, engage in, honor, support or condone any strike, sympathy strike, slow-down, sit-in, picketing, concerted work stoppage or any intentional interruption of work during the life of this Agreement.

Section 2. Any employee or employees engaged in the above-prohibited activities shall be subject to disciplinary action and/or discharge.

Section 3. During the term of this Agreement, the Employer shall not cause, permit or engage in any lockout of its employees.

ARTICLE 24

JURY DUTY

Emplo…