Attachment_J-3_Collective_Bargaining_Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

between

Linxx Global Solutions, Inc.

and

International Union, Security, Police, and Fire Professionals of America

(SPFPA) Local 131 at the

NASA Glenn Research Center

Lewis Field, Cleveland, Ohio and

Plum Brook Station

Sandusky, Ohio

Aug 15, 2015 – Jul 31, 2018

TABLE OF CONTENTS

TABLE OF CONTENTS

PREAMBLE

Article 1. INTENT AND PURPOSE OF THIS AGREEMENT

Article 2. RECOGNITION AND SCOPE OF THIS AGREEMENT

Article 3. NON DISCRIMINATION

Article 4. NO STRIKE NO LOCKOUT

Article 5. GOVERNMENT ACTION

Article 6. MANAGEMENT RIGHTS

Article 7. DISCIPLINE AND DISCHARGE

Article 8. ADJUSTMENT OF GRIEVANCES

Article 9. UNION REPRESENTATION

Article 10. UNION SECURITY AND CHECK-OFF

Article 11. SENIORITY

Article 12. HOURS OF WORK

Article 13. PART-TIME EMPLOYEES

Article 14. GENERAL WAGE PROVISIONS

Article 15. OVERTIME

Article 16. HOLIDAYS

Article 17. VACATION

Article 18. LEAVES OF ABSENCE

Article 19. FUNERAL LEAVE AND JURY DUTY

Article 20. SICK/LEAVE PERSONAL LEAVE

Article 21. EMPLOYEE LIFE, HEALTH AND WELFARE AND DISABILITY BENEFITS

Article 22. UNIFORM AND UNIFORM ALLOWANCE

Article 23. GENERAL

Article 24. VOLUNTARY QUITS

Article 25. TRAINING AND REQUALIFICATION

Article 26. DRUG AND ALCOHOL POLICY

Article 27. DURATION

Appendix A. WAGE RATES

Appendix B. HEALTH and WELFARE (FULL TIME EMPLOYEES)

Appendix C. HEALTH and WELFARE (ACA FULL TIME EMPLOYEES)

PREAMBLE

This Agreement is entered by and among Linxx Global Solutions, Inc., hereinafter referred to as the "Company," at its operations at NASA Glenn Research Center at the Lewis Field, Cleveland, Ohio, and Plum Brook Station, Sandusky, Ohio and the International Union, Security, Police, and Fire Professionals of America (SPFPA) Local 131, hereinafter referred to as the "Union," as the sole and exclusive representative for collective bargaining of the Employees covered by the Agreement.

The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with the respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement.

Article 1.

INTENT AND PURPOSE OF THIS AGREEMENT

1.1 It is the intent and purpose of this Agreement to assure sound and mutually beneficial industrial and economic relationships between the parties hereto, to provide an orderly and peaceful means of conducting negotiations and resolving any misunderstandings or grievances, and to set forth herein the basic Agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment.

1.2 The Union, the Company and all Employees covered by this Agreement are bound by and hereby pledge their cooperation in observing all applicable provisions of this Agreement, consistent with applicable State, Local and Federal Laws.

1.3 This Agreement shall be binding upon the parties hereto and their successors and assigns.

1.4 All references to “days,” “date of hire,” “anniversary date,” and “seniority date” shall be defined as follows:

A. DAYS: “Days” shall mean Mon-Fri, 0800-1600, unless specifically noted. For example, grievance timelines are stated in “days”, which means M-F, 0800-1600, excluding CBA recognized holidays.

B. DATE OF HIRE: “Date of Hire“ shall mean the first day worked for pay and shall be used as the starting point for items such as (but not limited to) probationary period and seniority listings.

This date will normally match the Anniversary Date unless the Anniversary Date is adjusted per any circumstances per the CBA.

C. ANNIVERSARY DATE: “Anniversary Date” shall mean an employee’s first day of work for pay as validated by payroll records or if applicable, documentation provided by the government at any contract transition to a new company.

D. SENIORITY DATE: “Seniority Date” shall mean the first date on the applicable Full Time Roster (for Full Time employees) or Part Time Roster (for Part Time employees). When an employee changes between Full Time and Part Time status, seniority shall be determined only by the earliest date on the roster associated with their changed status.

Article 2.

RECOGNITION AND SCOPE OF THIS AGREEMENT

2.1 The Company recognizes the Union as the exclusive collective bargaining representative for all Employees employed by the Company at its NASA Glenn Research Center, at the Lewis Field, Cleveland, Ohio, and Plum Brook Station, Sandusky, Ohio herein after referred to as Employees excluding clerical employees, professional employees, and supervisors as defined in the NLRA as amended.

2.2 The Company shall not be obligated to recognize the Union as the exclusive bargaining representative for employees at any location other than the Glenn Research Center at the Lewis Field and Plum Brook Station locations as described in this Article.

2.3 Probationary Employees. Newly hired or rehired Employees shall be classified as probationary Employees for a period of ninety (90) days from date of hire. During their probationary period, Employees may be subject to discipline or discharge at the discretion of the Company and shall not be covered by the provisions of the discipline and discharge and the grievance and arbitration provisions of this Agreement. All other provisions of this Agreement are applicable to probationary Employees, unless otherwise expressly provided.

Article 3.

NON DISCRIMINATION

3.1 In accordance with the Company's established policy, the Company and Union agree that there shall be no discrimination by the Company or the Union against Employees because of race, color, creed, religion, national origin, sex, age, disability, or any other basis prohibited by law, nor because of their involvement in or refraining from participating in Union activities.

Article 4.

NO STRIKE NO LOCKOUT

4.1 The Company agrees not to cause, permit, or engage in any lockout of its Employees during the term of this Agreement. The Union agrees that neither it nor the Employees it represents, covered by this Agreement, will, during the term of this Agreement, cause, permit, or take part in any strike, work stoppage, slowdown or sick-out including sympathy strike, picketing, or work action.

It shall be a violation of this Agreement, and it shall be cause for discharge in the event an Employee refuses to enter upon any property involved in a labor dispute involving other employee organizations or refuses to go through or work behind any picket lines involving other employee organizations at the Company's place or places of business. The Union and the Company agree to take all steps possible to ensure that Government property is properly secured and protected in the event of labor disputes involving other employee organizations at the NASA Glenn Research Center at the Lewis Field and Plum Brook Station locations.

4.2 The Union agrees that it will not assist any Employee participating in any such actions prohibited by Article 4.1. The Union further agrees that disciplinary action taken by the Company against an Employee for participating in any such actions prohibited by Article 4.1 shall be final and binding and shall not be subject to the grievance and arbitration procedure of this Agreement.

Article 5.

GOVERNMENT ACTION

5.1 The Union agrees to cooperate with the Company in all matters required by the Government, and the Union recognizes that the terms and conditions of this Agreement are subject to certain priorities which the Government may exercise. The Union agrees that any actions taken by the Company pursuant to a requirement imposed by the Government shall not constitute a breach of this Agreement. However, whenever such action affects a term or condition of employment, the Company will attempt to notify the Union as soon as possible and, within thirty (30) days of a Union request, the Company will respond with dates of availability to bargain with the Union concerning the effects of that action.

5.2 If the Contracting Officer or other responsible official of the agency directs in writing that a specific Employee be removed from the contract or otherwise disciplined, any such action directed may be undertaken by the Company and shall not be subject to the arbitration procedures of this Agreement (but shall be subject to the grievance procedures). In the event that the contracting agency expressly directs the removal or discipline of a contract Employee, the Company agrees to cooperate with the Union by providing it with all relevant information concerning the incident.

5.3 The Union recognizes that the Company has certain obligations in its contract with its client pertaining to security and agrees that nothing in this Agreement is intended to place the Company in violation of its security agreement with its client. Therefore, in the event any governmental agency advises the Company that any Employee covered by this Agreement does not have or cannot obtain the required Security Clearance, and thus is restricted from work on, or from access to, classified information or material, the Union will not contest the discharge of such Employee by the Company, and such Employee shall not have recourse to the grievance and arbitration provisions of this Agreement.

Article 6.

MANAGEMENT RIGHTS

6.1 The Management of the Company retains the exclusive rights to manage its operations; to direct, control and schedule its operations and work force and to make any and all decisions affecting the operation, whether or not specifically mentioned herein. Such prerogative shall include, but not be limited to, the sole and exclusive rights to: hire, promote, lay off, assign, transfer, suspend, discharge and discipline Employees; select and determine the number of its Employees, including the number assigned to any particular work; to increase or decrease that number; direct and schedule the work force; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment of a security nature; determine the methods, procedures, materials and operations, in whole or in part and to discontinue their performance by Employees of the Company; transfer or relocate any or all of the operations, in whole or in part at any time; determine the work duties of Employees; promulgate, post and enforce rules and regulations governing the conduct and acts of Employees during working hours;

require duties other than those normally assigned to be performed; select supervisory Employees;

train Employees; discontinue, reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force, introduce new and improved methods or facilities regardless whether or not such may cause a reduction in the work force;

establish, change, combine or abolish job classifications; determine reasonable work pace, work performance levels and standards of performance of the Employees and in all respects carry out in addition the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically altered or modified by the express terms of this Agreement.

6.2 The Company reserves the sole and exclusive authority to draft, issue, implement, revise, enforce and withdraw reasonable rules of conduct and reasonable regulations as the Company deems necessary. The Company will provide copies of such rules and regulations, and any changes thereto, including Standard Operating Procedures, posted orders and all Security Force Orders.

The Company will meet with the Union to discuss all changes upon request of the union within 30 days of request of the Union Local President. Any infraction of the rules and regulations, once delivered to Union designee at each facility (Lewis Field and Plum Brook) and posted on the Company bulletin board, constitutes just cause for disciplinary action, including discharge.

6.3 The following events and acts suspend any other clause in this agreement and positions may increase or decrease as a result of acts of God, terrorism, civil disturbance, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather conditions.

Article 7.

DISCIPLINE AND DISCHARGE

7.1 No Employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained herein. However, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the penalty imposed by the Company for a proven violation of any of the following:

A. Violation of Rules and Regulations of Government Public Building and Grounds. 41 CFR 101-20.3.

B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a major penalty against the Company by the government), insubordination, including deliberate failure to carry out assigned tasks, conducting personal affairs during official time. The term "personal affairs" as used in this paragraph does not include the making of telephone call or other inquiries concerning the status of children or family members or the provision of their care provided that such activities have been approved by the Employee 's supervisor. Long distance telephone calls shall not be made at government expense.

C. Falsification or concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

D. Fighting on Government property or while on duty, participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

E. Theft, vandalism, or criminal actions.

F. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Alcohol and Drug Abuse Policy set forth in this Agreement.

G. Improper use of official authority or credentials.

H. Unauthorized use of communications equipment or Government property.

I. Misuse of weapon(s) or possession of private firearms on the job.

J. Violation of Government security procedures or regulations.

K. Unauthorized post abandonment that would jeopardize the safety or security of personnel or facility.

L. Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation.

M. Falsification of time records.

N. Deliberate or grossly negligent conduct causing monetary penalties or invoice deductions to the Company.

O. Loss of driving privileges.

P. Loss of Liability Insurance as required in section 23.4.

Q. Any other offense of a character equally serious as those above, provided that an arbitrator shall have the authority to determine whether such offense is of a character equally serious as those above.

Disciplinary actions shall cease to have force and effect upon the completion of a fourteen (14) month period following the effective date of such disciplinary action providing there is not intervening disciplinary action taken during that time period.

7.2 An Employee who must cancel any assigned shift must provide the Company with the maximum notice possible. It shall constitute an offense for an Employee to cancel work without providing the Company with a minimum of five (5) hours’ notice, or where five (5) hours’ notice is not possible due to a documented emergency or other unforeseen circumstances, as much advance notice as reasonably possible. An Employee who cancels any volunteer overtime shift must provide notice of such cancellation (1) within two hours of acceptance of that shift or (2) forty-eight (48) hours before such shift begins, unless such notice is not possible due to documented emergency circumstances. Where an employee meets the above notice requirements with respect to cancellation of volunteer overtime shifts, cancelling of such shifts will not count against sick or personal time.

Discipline for failing to provide timely notice shall be as follows:

A. With respect to the first cancellation without proper notice within a 12-month period, a written reprimand shall be given.

B. With respect to the second cancellation within a 12-month period, the Employee may be suspended for a period of three (3) to five (5) days.

C. Upon the occurrence of the third cancellation without proper notice within a 12-month period, the Employee may be terminated.

D. Upon the occurrence where the Employee provides no notice of cancellation (“No call, no show”), the Employee may be suspended for three (3) to five (5) days. With respect to a second “No call, no show” within a 12-month period, the Employee may be terminated.

7.3 Any investigator interview between an Employee and Company representative which is anticipated to result in discipline shall, at the request of the Employee, be conducted in the presence of an authorized Union officer or shop steward, if such officer or shop steward is reasonably available. After disciplinary action has been taken by the Company, either the affected Employee or an authorized Union officer or steward may request a meeting with a Company representative at a mutually convenient time to discuss the violation. The Employee’s Project Manager or his designee will exercise reasonable efforts to meet with the officer or steward with forty-eight (48) hours of the request. The Company's failure to comply with this Article 7.3, shall not itself affect the discipline imposed.

Article 8.

ADJUSTMENT OF GRIEVANCES

8.1 A grievance shall mean a disagreement or dispute raised by the Union or an Employee which arises during the term of this Agreement concerning the application, meaning or interpretation of an express provision of this Agreement. The procedures set forth in this Article shall be the sole and exclusive remedy for any grievance asserted by the Union or any Employee. A grievance shall be resolved in the following manner:

Step 1: The Employee and/or his or her Union representative shall present the grievance or dispute in writing to the Employee's Project Manager (on site) or his/her designee within five (5) days of its occurrence or when the Employee knew, or by reasonable diligence should have known, of its occurrence. The Project Manager or his/her designee shall respond in writing to the grievance within five (5) days upon signed receipt of the written grievance.

Step 2: If the grievance is not settled at Step 1 or if the Project Manager or his/her designee does not respond within five (5) days of the Step 1 notice, the Employee and/or his or her Union representative shall, within five (5) days of the date the Project Manager or his/her designee responded or the date on which the Project Manager or his/her designee should have responded, whichever is sooner, submit the grievance in writing to the Company's Corporate Program/Project Manager or his/her designee. The Corporate Program/Project Manager or his/her designee shall respond to the grievance within seven (7) days of receipt of the grievance.

Step 3: If the grievance is not settled at Step 2 or if Corporate Program/Project Manager or his/her designee does not respond within seven (7) days, the Union shall, within seven (7) days of receipt of the Corporate Program/Project Manager's response in Step 2, or the date when the Corporate Program/Project Manager’s or his/her designee’s response was due, present the grievance in writing to the Company's President (CEO) or his/her designee. The Company's President or his/her designee shall respond in writing to the grievance within seven (7) days. Grievances affecting a class or classes of Employees may be initiated by the Union at Step 3.

Step 4: If, after receipt of the President’s response, the grievance is not settled at Step 3, the Union may, within twenty (20) days after the receipt of the President's response in Step 3, proceed to binding arbitration. Notice that arbitration is desired must be received by the Company within seven (7) working days after the Union receives the Company's Step 3 answer. Such notice shall identify the provisions of the Agreement allegedly violated and shall set forth such facts and circumstances as will provide the Company with reasonable notice of the nature of the grievance.

If the Parties are unable to agree on an arbitrator within fifteen (15) days of the date of service of the arbitration notice, they shall choose an Arbitrator from a panel or panels provided by the Federal Mediation and Conciliation Service. The party requesting arbitration will make first strike from the arbitrator list.

8.2 The Arbitrator shall conduct a hearing on the grievance. The Arbitrator shall render decision within thirty (30) calendar days of the close of the hearing or receipt of briefs. The decision or order of the Arbitrator shall be final and binding on all parties to this Agreement. Any back pay award shall be reduced by any sums received as unemployment compensation or from interim employment.

8.3 The Arbitrator shall have no authority to alter, amend, or add to the Agreement.

8.4 None of the time limits contained in this Article may be waived or extended except by mutual agreement in writing.

8.5 All fees and expenses of the Arbitrator shall be borne equally by the Parties, except where one of the Parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing Party shall pay such charge unless such postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the Parties. A postponement charge resulting from a joint postponement request shall be borne equally by the Parties. In the event that a transcript of the hearing is made, the party requesting the transcript shall bear the full cost of the transcript unless the parties agree to the sharing of the expense.

8.6 An Employee shall be permitted to have a Union representative at each step of the grievance procedure.

8.7 The Local Union President and/or his designee and/or the International Vice President or his designee may represent the Union at any stage of the grievance process.

Article 9.

UNION REPRESENTATION

9.1 The Union shall designate no more than one (1) Steward per shift and one (1) alternate to serve in the absence of the Steward. The Union shall notify the Company in writing of the selection of Stewards within ten (10) days of such selection. The President of the local, when an Employee of the Company, will be the steward on his shift.

9.2 Stewards and Union officers shall not interfere with the management of the Company's business or the work of any Employee, but may advise the Company of any alleged violations of the Agreement. Stewards and Union officers may not interview any Employee or otherwise conduct Union-related business with any Employee while such Employee is on duty, nor shall any Employee conduct Union-related business while on duty without permission. Company property, equipment and office facilities shall not be used to conduct any form of Union-related business.

Employees who violate this Section will be subject to disciplinary action.

9.3 Subject to Government approval, the Company will provide bulletin board space for the Union upon which Union representatives may post notices pertaining to business of the Union. A copy of all notices posted on the bulletin board shall be approved by the Company prior to posting.

9.4 The Company will be notified by the Union as to who is serving as the local executive officers and stewards of each site of the Union.

A. All union stewards and the President of the local (when an Employee of the Company) will be given super seniority for layoff and recall during the term of their office or until these officers are voted out of office. The definition for super seniority is these officers cannot be laid off from their shift or from the Company before other Employees. Super seniority officers must be qualified for the duty position and able to perform the duties of the position. If the Super Seniority officer is not qualified or able to perform the duties of the position, he must be assigned a position for which he is qualified and able to perform. If the Super Seniority officer is voted from his Union office, he is immediately laid off per the layoff procedure.

Article 10.

UNION SECURITY AND CHECK-OFF

10.1 All Employees hereafter employed by the Company in the classifications covered by this agreement shall become members of the Union not later than the thirty-first (31st) calendar day following his/her first paid work day (date of hire), or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

10.2 An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union for the duration of this Agreement.

10.3 Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

10.4 In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Company requesting that the Employee be discharged effective no sooner than two (2) weeks of the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the Employee has remedied the default prior to the discharge date, the Union will notify the Company and the officer, and the Company will not be required to discharge that officer.

10.5 Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

10.6 The Company agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Company to do so on a properly executed payroll deduction card. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. The Company shall be granted an additional fifteen (15) days grace period to send the dues to the Union should it deem necessary.

Funds deducted shall be remitted to the Secretary/Treasurer of the International Union (SPFPA) within fifteen (15) days after the first regular payday of the month and the Company will provide a monthly summary sheet describing gross amounts remitted and a schedule, by persons and indicating amounts withheld.

10.7 The Union agrees it will promptly furnish to the Company a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

10.8 The Union agrees to indemnify the Company against any loss or claim, which may arise as a result of the Company's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Company any erroneous or improper overpayment made to it.

10.9 Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) calendar days or during periods of permanent transfer to a classification not covered by this Agreement.

10.10 In the event of termination of employment, there shall be no obligation upon the Company to collect dues until all other deductions have been made.

10.11 Any officers wishing to withdraw their union membership status must do so through the SPFPA International Union Financial Secretary. Union dues status can only be changed by a letter from the SPFPA International Financial Secretary to the Payroll Department of the Employer. When an Employee is promoted to a management position or any position from the bargaining unit, either the Company or the Employee may notify Payroll to stop their dues.

Article 11.

SENIORITY

11.1 Seniority under this Agreement shall commence with the date of employment of the individual in the bargaining unit. During the first ninety (90) calendar days of employment, an Employee shall be regarded as a probationary Employee and shall have no seniority rights. Each of the two facilities covered by this Agreement shall maintain its own seniority roster. An Employee shall have seniority at only one of the two facilities.

11.2 Seniority shall be the determining factor in matters affecting layoff and recall within the unit, provided that the Company deems the Employee qualified.

A. Layoffs and recalls will be site specific and no Employee laid off at one site has any right to bump an Employee at the other site. However, a full time Employee laid off may either (i) transfer to a part time position at the site from which laid off, in which case the Employee shall be the most senior part time Employee for lay off purposes only, or (ii) fill any vacancy for which he /she is qualified at the other facility before such vacancy is filled with a hire from the outside or a part time Employee at that site; provided, however, that in such case, the transferred Employee shall retain his/her seniority on the roster of the facility from which he/she transferred for a period of twelve (12) months only and shall be the least senior full time Employee at the facility to which he/she transferred for all purposes except for vacation in which case the last date of hire as defined in section 11.1 shall apply. Any laid off full time Employee who refuses a full time vacancy at the other facility will not be informed of any further vacancies at that facility.

B. When it becomes necessary to reduce the work force at either facility, or in the case of job elimination(s), probationary part time Employees will be laid off before regular part time

Employees, and probationary full time Employees will be laid off before regular full time Employees. At his/her option, a laid off full time Employee may become a regular part time Employee and be placed at the top of the regular part time seniority roster for lay off purposes only. No laid off Employee shall be forced to transfer to the other facility covered by the CBA.

C. Laid off full time Employees will be recalled to regular full time vacancies at the site from which laid off based on seniority, provided that he/she is qualified to fill the job vacancy available. Laid off part time Employees will be recalled to regular part time vacancies at the site from which laid off based on seniority, provided that he/she is qualified to fill the job vacancy available.

11.3 Shift assignments and available days off for the particular shift will be based on seniority whenever reasonably practicable to do so and consistent with operational requirements.

11.4 In case of recall, Employee who have been laid off shall be notified, at their last known address, in order of Company seniority to report to work. The notice will be by certified mail, return receipt, or other means showing receipt, addressed to the Employee's address last recorded on the Company's personnel records. In the event a former Employee so notified fails to respond to the notice within five (5) working days or refuses such offer, the Employee will be deemed to have voluntarily quit even if the notice is returned as undeliverable. If the Employee fails to report within seven (7) working days of his/her response, he/she shall be deemed to have voluntarily quit. An Employee who has voluntarily quit or otherwise been terminated has no right of recall.

However, if an Employee is prevented from reporting because of sickness or emergency involving himself or immediate family, or other legitimate reason, and so notified the Company within the five (5) day period, he may, at the sole discretion of the Company, be allowed an additional ten

(10) days in which to return to work. It will be the responsibility of the laid-off Employee to keep the Company notified of any change of address.

11.5 An Employee who is unable to work because of illness or injury which is occupational in origin shall continue to accumulate seniority during the term of the disability with a maximum of three years for seniority rights.

11.6 The Company agrees to prepare seniority lists covering Employees covered by this Agreement, a copy of which will be furnished to the Union upon request and a copy posted on the bulletin board for Employees to check. Any new employees shall be added to the seniority list and the list shall be furnished to the Union Local President within ten (10) days of the new Employee’s date of hire. The Seniority List shall include the new Employee’s name and Anniversary date.

11.7 Employees may lose their seniority standing for any of the following reasons:

A. Resignation B. Discharge for cause C. Absence of three (3) consecutive working days without notice to the Company D. Exceeding a leave of absence E. Giving a false reason for obtaining a leave of absence F. Accepting employment while on leave of absence unless agreed to by the Company in writing G. Failure to be recalled for employment, one (1) year from layoff date.

11.8 For the purpose of layoff and recall, seniority of Employees hired on the same date shall be determined by the lowest of the last four digits of their social security numbers.

11.9 When a position becomes vacant, the job opening will be posted on the bulletin board for a period of not less than three (3) days before the position is permanently assigned, so that Employees may bid for position. Employees may bid for job vacancies within the period of the posting by proxy. All proxy notices must be presented to a supervisor. Where the Company deems all other factors equal, it will give preference to the bidder with the most seniority. The Company shall send notice to the Employee who obtained the vacant position within five (5) days of the post-closing.

11.10 The Company reserves the right to promote personnel who, in the Company's sole judgment, will best serve and fulfill its requirements and standards. If an Employee who has been promoted is determined by the Company, within ninety (90) calendar days of this promotion, to fail to satisfactorily fulfill the requirements of the new position, the Employee may be transferred to the original or a similar position. The Employee will retain the level of seniority held at the time of the promotion. The Employee may transfer to their original or similar position if the Employee feels the new position is not satisfactory and (1) the transfer does not displace someone per requirements of Article 11.11 and (2) the transfer request is made in writing within two weeks (14 calendar days) of the promotion. The Employee will retain the level of seniority held at the time of promotion.

11.11 Two of the factors that must be addressed when an employee bids on a vacant position is the relationship between the employee’s current position and the position being bid upon and the amount of training the employee has received or will receive making the transfer. The following matrix shall be utilized to ensure the operational requirements are met and employee proficiency is still maintained:

From: To: Commitment

Basic Guard (Entry Points and Area Patrol)

Basic Guard (different shift) Minimum of one full shift rotation (at least 90 days)

Basic Guard Specialized Position (Vehicle Inspection, Visitor Control, Badge Control)

180 days (6 months) from start of new position

Basic Guard Dispatcher 180 days (6 months) from start of new position

Specialized Position (Vehicle Inspection, Visitor Control, Badge Control)

Basic Guard Minimum of one full shift rotation (at least 90 days)

Dispatcher Basic Guard Minimum of one full shift rotation (at least 90 days)

1. Employees may transfer no more than twice in a calendar year.

2. There is a two week (14 calendar days) grace period, from the date the employee begins training for the new position, to determine if the employee is capable of meeting the requirements and standards of the new position. As per article 11.10, the employee may be transferred to the original or similar position. The employee will retain the level of seniority held at the time of the transfer.

3. The commitment is subject to waiver for emergency and extenuating circumstances, only on a case-by-case basis and will be agreed upon, documented, and said documentation signed by the employee and management. Rule 1 still applies.

Article 12.

HOURS OF WORK

12.1 The normal work week shall commence at 0001 hours on Sunday and end one hundred sixty-eight

(168) hours thereafter. The normal workday shall consist of twenty-four (24) hours. An Employee workday shall consist of eight (8) consecutive hours. Shift times to be determined by the Company at each site, Plum Brook Station and Glenn Research Center at Lewis Field.

12.2 Changes in the hours of work may be made whenever deemed necessary by the Company or by the government. To the extent possible, the Company will use its best efforts to provide at least forty-eight (48) hours’ notice in advance of such changes.

12.3 The Company will give notice of Employee's regular scheduled days off. When an Employee has two days or more scheduled off in the workweek, such days off will be scheduled consecutively, whenever practicable in accordance with Article 6. Such days off shall, insofar as is practicable, be rotated among the Employee in the unit to distribute weekend days off to all Employee who desire them.

12.4 Nothing in this Agreement shall be construed as a guarantee of any number of hours of work per day or per week and nothing contained in this Agreement shall be construed as a limitation upon the Company's right to schedule more or fewer hours of work per day or per week as the operations of the business require.

12.5 In the event an Employee reports to work on his regular shift as scheduled without having been previously notified not to report or is called in to work and the requirement is deleted, or is called in to work after the completion of his scheduled work hours and/or after the completion of any overtime work, he/she shall be given a minimum of four (4) hours of work (or training) or pay in lieu thereof. The Company shall have the right to require the officer to work for this payment.

However, any officer who voluntarily leaves with management’s approval prior to completion of the four (4) hours of work will receive only pay for the actual time worked. This Article 12.5 shall not apply (1) to working hours prior to or subsequent to a shift in continuation of that shift or (2) where there is no work because of acts of God, catastrophe, or other conditions beyond the control of the employer (in which, in either case, no minimum number of hours or pay will be required).

Article 13.

PART-TIME EMPLOYEES

13.1 A part-time Employee is defined as one who is regularly scheduled to work less than forty (40) hours within a work week. Part-time Employees shall be used to work scheduled requirements when the requirement results from the absence of a regularly scheduled Employee, when the work requirements do not call for a full-time Employee or for the purpose of meeting temporary work requirements.

13.2 Part-time Employees shall have no seniority under this Agreement with the exception however that they will have seniority amongst part-time Employees. Full-time Employee, after completing the probationary period who are thereafter voluntarily placed on part-time work, will retain their full-time seniority; however, they shall not accumulate full-time seniority while working as part-time Employees. If they later return to full-time employment, they will return to a position on the seniority roster to which their full-time seniority entitles them.

13.3 Part-time Employees are entitled to pro-rated vacation (40 hours worked equals 1 hour of vacation). Part-time Employees will receive fringe benefits in accordance with Appendix C. They are entitled to holiday pay when they work the holiday.

13.4 When a full-time position becomes available, that position will be offered to any part-time Employees who the Company deems qualified at the site where opening is first, then to other site.

Where the Company deems qualifications and all other considerations equal, it will give preference to the Employee with greater seniority. Any part-time Employee who becomes a full-time Employee shall be placed on the seniority roster for full-time Employees on the date he is termed a full-time Employee, provided he has completed the ninety (90) calendar day probationary period.

Article 14.

GENERAL WAGE PROVISIONS

14.1 All Employees shall receive not less than the minimum wage rates as set forth in Appendix A attached hereto.

14.2 If a full-time Employee is called in short notice prior to or after a shift has started and the Employee arrives in a reasonable time for an eight (8) hour shift, the Employee will be compensated the full eight (8) hour shift. A reasonable period of time will be considered one (1) hour from the time the Employee is notified. Weather and travel time will be taken under consideration. If the Employee is not satisfied with the supervisor's determination then it will be evaluated by the Project Manager. If an Employee is called in after one and one half (1 '/2 ) hours into a shift, they will be compensated from the time he/she was notified if he/she arrives within a one (1) hour period of notification.

14.3 All Employees shall receive a paid 15-minute shift overlap to procure weapons, exchange information, inspect vehicles, and to travel to and from positions and postings. This shall be paid at the premium rate.

Article 15.

OVERTIME

15.1 No overtime work shall be required or permitted except by direction of the proper supervisory personnel of the Company.

15.2 The Company shall have the right to hold over Employees until relieved and/or to require an available Employee to provide coverage of the post. Whenever practical, the Company will attempt to provide two (2) hours’ notice to Employees on duty that they will be required to work overtime.

15.3 Overtime pay will be paid at one and one-half (1 and 1/2) times the Employee's basic hourly straight time rate only for hours worked in excess of eight (8) in a workday or in excess of forty

(40) hours in a workweek, whichever is greater, but such overtime compensation shall not be paid when such hours result from a regular shift change, when the Employee's shift or schedule is changed at his/her request or from training.

15.4 Only hours actually worked shall be recognized in determining eligibility for overtime pay. The payment of overtime pay for any hour of work excludes that hour from consideration for overtime payment on any other basis. There shall be no pyramiding or duplication of premium or overtime pay. In the event more than one premium is due under this Agreement, only the higher premium shall apply.

15.5 It is understood that when overtime work is necessary it will be equally divided among qualified Employees covered by this Agreement as is reasonably possible. For purposes of equalization of overtime, overtime work offered an Employee whether worked or not shall be considered as overtime worked for equalization purposes. An overtime record shall be maintained by the Company showing overtime hours worked by Employees and made available to the Employees on their request, posted in a prominent location available to all Employees. A copy of the open position fill worksheet will be provided to the Lead Committeeman. The overtime record shall be updated the first day of each work week.

Employees shall be called for overtime in the order of least overtime worked to the most overtime worked. In the case of multiple Employees having equal hours worked, the most senior Employee shall be called first. On the first day of each quarterly rotation of days off, the overtime call list will be set back to zero hours worked. Probationary Employees will be added to the bottom of the overtime list to be most distant from the Employee next in line of overtime work opportunity. Any Employee may be required to work reasonable amounts of overtime.

15.6 All part-time Employees, regardless of site (Lewis Field or Plum Brook) shall have access to vacant shifts before full-time Employees, with access first given to part-time Employees at the site of the vacancy and then extended to other part-time Employees. The foregoing shall not apply if (1) the shift vacancy falls on a holiday or (2) full-time Employees at the site of the vacancy (who are on shifts other than the vacancy) are not scheduled to work forty (40) hours per week.

Article 16.

HOLIDAYS

16.1 All full-time Employees will be paid their regular straight time hourly rate for eight (8) hours for each of the following holidays on which they are not required to work:

New Year’s Day Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

When any of the above falls on a Saturday or Sunday, the holidays will be observed on the same day that it is observed by NASA. The appropriate premium pay will be paid to those who work the observed holiday.

For holidays, the staffing levels are typically reduced to mission essential personnel:

1. Officers whose Regular Days Off (RDOs) are Saturday and Sunday (must have both days off), will be removed from the holiday.

2. Officers scheduled to work Gate and Area Patrol on Saturday will work the holiday, except officers whose RDO is the holiday. This leaves two (2) open positions for the holiday. The one officer who is normally scheduled to work the day will fill one of the open positions.

3. The open position will be filled by the officers whose positions do not include working holidays; i.e. those with Saturday, Sunday, and holidays off; Badge and Visitor Control, Vehicle Inspection, SARF Officer, and Gate and Area Patrol Officers.

4. The Call Off list will be used to determine priority to fill the open position as per Article 15.5 of the CBA with the exception that the officers listed in paragraph 3 above will be called prior to the general officer populace.

5. Full-time Officers will be called before using the part-time list.

As also stated in Article 16.6 of the CBA, if a holiday falls on an officer's vacation, he/she may either annotate the holiday on his/her timecard or have the holiday added to his/her vacation.

These options are at the discretion of management. Management must notify the officer prior to the vacation of the decision. If there is no notification, the default action is the holiday will be added to the officer’s timecard.

16.2 In addition to the holidays listed above any other day designated by Federal Statute, Executive Order or Presidential Proclamation as a holiday or a day off with pay for Federal Employees, and which is observed by NASA Glenn, will be considered a paid holiday, provided the Company is reimbursed by the government and receives documentation confirming reimbursement.

Employees will be paid once the Company is reimbursed by the government.

16.3 Any Employee required to work on Christmas Day or Labor Day will receive double time for all hours worked, in addition to holiday pay. Employees required to work on any other holiday will be paid time and one half for all hours worked in addition to holiday pay.

16.4 In order to be eligible for holiday pay, a full-time Employee must have been employed thirty-one

(31) calendar days and must work his/her scheduled workday preceding and his/her scheduled workday following the holiday, unless the absence is excused as vacation in advance of the holiday by the Company.

16.5 An Employee eligible to receive holiday pay who is scheduled to work on a holiday and who after being assigned, refuses or fails to report to work without reasonable cause, shall not receive holiday pay and shall be subject to such disciplinary action as is appropriate under the circumstances.

16.6 If a holiday falls on an Employee's vacation, then he/she shall receive, depending upon business conditions either holiday pay, or in lieu thereof, the holiday will be added to his vacation period so as to allow the Employee an additional day of vacation. The Company shall advise the Employee in advance of their decision.

Article 17.

VACATION

Vacation eligibility shall be computed and paid as of the Employee's anniversary date of continuous employment within the bargaining unit under the NASA Protective Service Contract at NASA Glenn Research Station at The Lewis Field and Plum Brook Station on the following…