AS&D_and_CWA_CBA.pdf

AGREEMENT BETWEEN

AS and D, LLC (AS&D) and Communications Workers of America, AFL-CIO, Local 2300

At Goddard Space Flight Center

November 2, 2016 through November

Table of Contents

Intent 2

Article - Recognition 3

Article II - Recognition of Rights 4

Article III - Union Security... 4

Article IV - Grievance Handling 7

Article V - Seniority 9

Article VI - Hours of Work and Overtime 12

Article VII - Leaves of Absence 14

Article VIII - Pay Provisions 16

Article IX - Insurance 24

Article X - Pensions/Savings 25

Article XI - General Provisions '.

Appendix A - Wage Schedules 29

Letter of Administration - Overtime 30

Letter of Administration - Inclement Weather Emergencies 31

Letter of Administration - New Equipment/Technological Changes 32

Intent It is the intent of both the Union and the Company to ali matters in accordance with the terms of this Agreement and to maintain a harmonious relationship among all persons who have duties and responsibilities in the administration of the Collective Bargaining Agreement. It is the further intent that the provisions of the Agreement be carried out with fairness on the part of both the Union and the Company.

Article I Recognition

1.01 EXCLUSIVE REPRESENTATION

The Company recognizes the Union as the exclusive bargaining representative as certified by the National Labor Relations Board in Case No. 5-RC-8264, dated June for the purpose of collective bargaining with respect to rates of pay, wages, hours of work and all other conditions of employment in accordance with the terms of this Agreement for all technical and operations employees employed by the Company at its Goddard Space Flight Center, Greenbelt, Maryland location in the Network Control Center (NCC), but excluding office clerical employees, confidential employees, professional employees, all other employees, guards and supervisors as defined in the Act.

1.02 EFFECTIVITY

This Agreement, effective, November 2, 2016, between AS and D, LLC located at the Goddard Space Flight Center, Greenbelt, Maryland, hereinafter referred to as the "Company", and the Communications Workers of America, hereinafter referred to as the "Union", is entered into by the parties to provide an orderly collective bargaining relationship.

1.03 UNION RESPONSIBILITY

The Union recognizes the responsibility imposed upon it as the exclusive bargaining agent of the employees covered by the Agreement. The Union agrees that it will cooperate with the company to assure a full day's work on the part of the employees covered by this Agreement, individually and collectively, in order the Company to be in a cost posture. The Union also agrees that it will cooperate with the management in the introduction or operation of new equipment or changes in processes or other methods of providing services. The union further recognizes the responsibility of its members toward accomplishing various assignments and missions as directed by AS and D, LLC (AS&D) the National Aeronautics and Space Administration (NASA) in an effective and efficient manner.

1.04 OFFICIAL NOTICES REQUIRED BY AGREEMENT

In all cases where "Official Notices" are required by this Agreement, such notices shall be considered as given only where they are submitted by registered or certified mail, return receipt requested, and addressed as follows:

The Company: AS and D, LLC 7000 Muirkirk Meadows Drive Beltsville, MD Attn: Human Resources

The Union: Communications Workers of America 9602 D Martin Luther King Jr. Hwy

Maryland 20716 Attn: Staff Representative

1.05 NO DISCRIMINATION

Neither the Company the Union shall discriminate against any employee because of age, sex, race, color, creed, relation or national origin, because of Union activity, or being disabled veterans or veterans of the Vietnam war era, or because of a certified physical or mental handicap with respect to the position, the duties of which can be performed efficiently by an individual with such mental or physical handicap without danger to the health or welfare of the mentally or physically handicapped person or to others.

Wherever the male gender is used in this Agreement it shall include the female gender where applicable.

1.06 CONTRACT VIABILITY

If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the reminder of this Agreement shall not be affected thereby. This Agreement is subject to all applicable Federal and State laws and any rules and regulations issued pursuant thereto. The Company agrees to discuss the implication of change in law with the Union.

Article II Recognition of Rights

2.01 MANAGEMENT RIGHTS

Except as specifically limited by this Agreement, the management of the Company, and the direction of the working forces, including but not limited to the services performed, the location of the work force, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, the processes, services, and materials to be purchased, the right to hire, promote, demote, and transfer employees, to establish reasonable rules of conduct, to discharge or discipline for just cause, and to maintain of employees, are the sole and exclusive rights and responsibilities of the Company.

2.02 NO STRIKES, STOPPAGES, SLOWDOWNS, OR LOCKOUTS

It is the intent of the parties that the procedures outlined in this Agreement shall serve as a means for peaceful settlement of all disputes that may arise between the parties.

a) The Union will not cause, sanction, or permit, nor will any member of the Union cause or take part in any strike, sympathy strike, work stoppage, sit-down, stay-in/slowdown, walkout, or picket, or any curtailment of work or any restriction of services or interference with services in any of the Company's facilities, or picket any of the Company's premises. The union guarantees fully to support the Company in maintaining its operations whether such activities as described above are brought about by a union or any group or individual.

b) The Company agrees that during the term of this Agreement it will not lock out any of the employees covered by this Agreement.

Article III Union Security

3.01 UNION SHOP

The Company agrees that employees now in the bargaining unit shall on and after thirty-one (31) days from the signing of this Agreement, and employees employed after the signing of the Agreement shall on and after thirty-one (31) days from the date of their employment, become and remain members of the Union as a condition of continued employment, provided that nothing herein shall be interpreted to cause a violation of the Labor-Management Relations Act of 1947 or any other applicable law.

3.02 CHECK-OFF OF UNION MEMBERSHIP DUES

1) Scope

The Company agrees to deduct Union membership dues levied by the International Union or local Union in accordance with the Constitution and By-Laws of the Union from the pay of each employee who is or who becomes a member of the Union within the scope of the bargaining unit as covered by this Agreement and who in writing, in accordance with the "Authorization for Dues" form set forth below, has voluntarily authorized the Company to do so.

2) Authorization Form

The authorization for such deduction of Check-Off of Dues is as follows:

A uthorization for Check-off of Dues

To: Date:

/ hereby assign to the Communications Workers of America, from any wastes earned or to be earned by me as your employee, such sums as the Secretary Treasurer of said Union may certify as due and owing from me as membership dues, including an initiation or reinstatement fee and monthly dues in such sums and may be established from time to time by said local Union in accordance with the Constitution of the International Union. authorize and direct you to deduct such amounts from my pay, and to remit same to the Union such times and in such manner as may be agreed upon between you and the Union at any time while this authorization is in effect.

This assignment, authorization, and direction shall become effective from the date of delivery hereof to you and shall remain in effect unless written notice is given by me to the Company in sufficient time to discontinue such check-off. This authorization is made pursuant to the provisions of Section 302(c) of the Labor- Management Relations Act of 1947 and otherwise.

(Employee Signature) (Date of Signing)

(Address of Employee) (Employee's Clock No.)

(Type or Print Name of Employee Here)

(Date of Delivery to Employer)

(City) (State)

3) Stipulations

A. Deductions shall be made in conformity with the International Union Constitution and Agreement, By-Laws, applicable State or Federal Laws, and the provisions of this Section of the Agreement.

B. A properly executed Authorization for Check-Off of Dues form for each employee, for whom Union membership dues are to be deducted hereunder, shall be delivered to the Company before any payroll deductions are made. Deduction shall be made thereafter, only under Authorization for Check-Off of Dues forms which have been properly executed and are in effect.

Any Authorization for Check-Off of Dues which is incomplete or in error will be returned to the ' Union by the Company.

Thereafter, on or before the fifteenth (15th) day of each succeeding month, the Union shall furnish the Company with any additional executed Authorization for Check-Off Dues forms under which Union membership dues are to be deducted beginning with the following calendar month.

C. After receipt of the Authorization for Check-Off of Dues form, the Union membership dues for any calendar month shall be deducted from the first pay received by the employee in the succeeding month in which the employee has sufficient net earnings to cover the Union membership dues.

In the case of employees returning to work after layoff or leave of absence, who previously have properly executed Authorization for Check-Off Dues forms, deductions will be made for membership dues as provided herein.

D. In cases where a deduction is made which duplicates a payment already made to the Union by an employee, or where a deduction is not in conformity with the provisions of the International Union Constitution and By-Laws, refunds to the employee will be made by the Union.

E. Deductions for any calendar month shall be remitted to the designated officer of the union as soon as possible after the tenth (10 th) day of the following month. The Company shall furnish the designated financial officer of the union, monthly, with a list of those for whom deductions have been made and the amounts of such deductions.

F. Any employee whose seniority is broken by death, quit, discharge, or layoff, or who is transferred to a classification not in the bargaining unit, shall cease to be subject to check-off deductions beginning the month immediately following the month in which the death, quit, discharge, layoff, or transfer occurred. The Union will be notified by the Company of the names of such employees following the end of each month.

G. Any dispute which may arise as to whether or not an employee properly executed or properly revoked an Authorization for Check-Off of Dues form shall be reviewed with the employee by a representative of the union and a representative of the Company. Should this review not dispose of the matter, the disputer may be referred to an arbitrator, whose decision shall be final and binding on the employee, the Union and the Company. Until the matter is disposed of, no further deductions shall be made.

4) Company's Protection

A. The Company shall not be liable to the International Union or its Local by reason of requirements of this Section of the Agreement the remittance or payment of any sum other than those constituting actual deductions made from employee wages earned.

B. The Union shall indemnify and hold harmless the Company against any and all liability may arise by reason of the check-off by Company of Union initiation fees and membership dues from employees' wages in accordance with this Agreement.

C. The Union agrees that there shall be no collection of dues or solicitation for Union membership at any time on Company property.

3.03 NOTIFICATION

The Union will be notified of each new employee within the bargaining unit within ten (10) business days of the employee's assignment to the bargaining unit. Notifications shall include name, date assigned to the bargaining unit, job classification, work location, rate of pay, and shift assignment.

Article IV Grievance Handling

4.01 REPRESENTATION

(1) General

For purposes of processing grievances, the Company shall recognize five (5) officers; one (1) Union steward per shift in the NCC and one (1) Union steward for regular day shift employees in the NCC.

However, the company will only compensate up to three (3) officers in accordance with the following.

No one shall be eligible to serve as a steward unless he is an employee of the Company; and then, not until such time as he has acquired seniority in the bargaining unit and is actively employed in the unit.

Stewards or officers required to leave their work assignments for the purpose of handling a grievance shall be released as soon as practicable. Only one (1) steward or one (1) officer shall handle each grievance. (A pass will furnished the such purposes).

The privilege of leaving their work stations during working hours is afforded to the stewards and officers with the understanding that time spent away from their work will be devoted exclusively to the proper handling of grievances. The company shall not pay for time spent by the stewards or officers when handling grievances, beyond two (2) hours per week per steward or officer, not accumulative.

The Company shall not be required to pay for the time of a Union Officer or Steward who is not an employee of the Company but shall recognize their right to handle a grievance concerning a bargaining unit member who is an employee of the Company.

(2) Notice to Company

The name of the stewards shall be in writing and shall be signed by an authorized representative of the Union and given to the appropriate Company representative prior to their taking office.

(3) Notice to Union

The names of the section supervisors and their responsible sections shall be provided to the Union.

(4) Grievance Handling Terms

The Union agrees to the minimum the time required the handling of grievances.

4.02 GRIEVANCE PROCEDURE

(1) General

If a grievance or dispute should arise with respect to wages, hours of employment or other conditions of employment as specified under the terms of this Agreement, such grievance or dispute shall be taken up only in accordance with the procedure outlined herein. No complaint will be considered under this procedure with respect to any occurrence, incident, or condition which arose prior to the effective date of this Agreement.

No grievance will be considered which is not submitted to the immediate supervisor under Step One within seven (7) working days after the employee was aware of the occurrence. Retroactive monetary claims shall be limited to a seven (7) working day period prior to the date the grievance was first submitted in writing to the Company, except with respect to a complaint or grievance relating to a payroll check, in which case the time limit is equal in length to the payroll period covered by such check.

Grievances regarding discharges or disciplinary suspension must be filed within five (5) working days from the date of discharge or the commencement date of the suspension. It is agreed that no grievance shall be valid unless appealed within the time limits established within each step of the grievance procedure. Failure to appeal any grievance within these time limits will cause the grievance to be settled on the basis of the last written answer. However, upon mutual agreement, the time limits as specified herein may be extended.

(2) Procedure

Step One:

a) Any employee having a complaint, or one (1) designated member of a group having a complaint, first takes it up orally with the immediate supervisor and the steward, if requested.

b) In the event the complaint is not settled by this discussion; the steward shall reduce the grievance to writing within three (3) working days on a grievance form provided for the purpose and give it to the immediate supervisor. If the grievance is not resolved during this discussion, the steward shall also sign the grievance record form and request a written answer from the supervisor. The supervisor shall give his decision in writing as soon as possible but in any event within three (3) working days, and sign the grievance form in the space provided. The steward shall indicate his acceptance or rejection of the supervisor's decision and sign the grievance form in the space provided within three

(3) working days from the date of receipt of the supervisor's answer.

Step Two:

In the event a satisfactory adjustment is not made in Step One and further appeal is desired, the case must be appealed by the International Representative the Union his designated representative to the designated representative of the Company within five (5) working days after the grievance was answered by the supervisor in Step One. If the case if properly appealed, it shall be discussed at a grievance meeting with the Company. The Company's decision shall be written on the grievance form and signed by the Company representative within five working days after the grievance was discussed the grievance meeting. The Union representative shall indicate acceptance or rejection of the decision within five working days and sign the grievance form.

4.03 ARBITRATION

(1) General

Any grievance falling under the scope of this contract which is not settled in Step Two of the grievance procedure may be submitted to an impartial arbitrator. Notice of intent to appeal any such grievance to the arbitrator shall be filed in writing with the other party within ten (10) calendar days after the final decision has been given by the Company in writing; otherwise, such grievance shall be considered settled.

(2) Selection of Arbitrator

The representatives of the Union and the Company will each submit to the other the names of three (3) arbitrators. Following the submission of their names, the parties will meet to select one (1) of their (6) arbitrators. In the event the parties are unable to agree on an arbitrator, either or both parties may request the Federal Mediation and Conciliation Service to submit a panel of nine (9) names to the parties. The parties will then alternately strike names from this panel to select an arbitrator, the Union striking the first name.

After a case on which the arbitrator is empowered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.

(3) Decision of Arbitrator

The arbitrator shall render his decision within thirty (30) calendar days after the closing of the proceedings. The award shall be signed by the arbitrator, and copies of the award shall be delivered or mailed to each of the parties.

There shall be no appeal from the arbitrator's decision, which shall be final and binding on the Union and its members, the employee or employees involved by this Agreement, and the Company.

(4) Expenses of Arbitration

Regardless of the outcome of any matter submitted to arbitration, costs thereof shall be borne by the Company and the Union, share and share alike. Such costs shall be limited to the arbitrator's fees and expenses and the hearing room. The cost of any additional services required by either party shall be borne by the party requesting these additional services.

(5) Authority of Arbitration

In disciplinary layoff and discharge cases, the arbitrator shall have the power to adjudge the guilt or innocence of the employee involved and review any penalties imposed on employees and modify or amend penalties, if in his judgment the penalty is too severe. If the arbitrator shall adjudge the employee innocent of the offense for which he was disciplined or discharged and so orders, the Company shall reinstate the employee in full with accumulated seniority, and in case the employee was penalized by loss of working time, pay him back wages less any time during the period the employee was off wherein the Company was not operating resulting from shorter hours, shutdown for any reason, including emergency and inventory, and less any money the employee received from any other employment during the period he was off, including self-employment, Unemployment Compensation, or Workmen's Compensation.

An arbitrator for a particular hearing shall be notified by the parties of the time and place for the hearing, which time and place shall be mutually agreed to. Each party may submit pre- and post-hearing briefs to the arbitrator, which state the position of the parties and furnish to the arbitrator nay arguments in support thereof. If either party submits briefs or other written arguments to the arbitrator prior to, during, or following the hearing, the other party will be furnished with copies of such material simultaneously with its being furnished to the arbitrator.

The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, or to arbitrate any matter not specifically provided for by this Agreement or to arbitrate any new provision into this Agreement. The arbitrator's only authority is to interpret and apply provisions of the Agreement.

Article V Seniority

5.01 INITIAL REVIEW PERIOD

Any employee who has been in the employment of the company for ninety (90) consecutive days shall be considered a seniority employee of the Company and granted seniority from his starting date. Until receiving seniority, an employee shall be subject to termination, discipline, or discharge at the sole discretion of the Company.

5.02 DEFINITION AND APPLICATION OF SENIORITY

Bargaining Unit seniority, for purposes of this Agreement, is defined as an employee's length of continuous service in the bargaining unit since his last date of hire. However, employees in the bargaining unit at the date of certification will be credited with their total continuous service at the Goddard Space Flight Center on Predecessor contracts. Where other considerations are substantially equal, bargaining unit seniority shall govern in the application of the terms of this Agreement except as outlined below under the definition of Company Seniority.

Company Seniority, for purposes of this Agreement, is defined as the length of an employee's continuous service at the Goddard Space Flight Center on Predecessor contracts. Company seniority shall apply for purposes of determining vacation, holiday, severance pay, jury duty, short term military duty pay, and paid absence allowance credit eligibility.

The Company shall supply the Union with an up-to-date seniority list quarterly.

5.03 LAYOFF AND RECALL

(1) Layoffs, Temporary

A temporary layoff is a layoff not to continue beyond five (5) days resulting from temporary lack of work, partial emergency conditions outside the control of the Company or at the direction of the customer. In such case, the Company will layoff the employee with the least seniority in that occupational classification on the shift affected (i.e. day, afternoon, or midnight), certifications permitting. If the position does not require a certification, then the determination will be based upon qualifications.

(2) Layoffs, Indefinite

An indefinite layoff is a layoff expected to continue beyond five (5) consecutive working days. In such case, the company will layoff the employee with the least seniority in that occupational certifications of employee permitting. If the position does not require a certification, then the determination will be based upon qualifications. The company will provide the union advance notice of layoff of one week indicating the number of employees and job classifications to be affected, except in cases where the customer requires that such layoffs be initiated sooner, The Company will notify the employees of their selection for layoff.

(3) Bumps

An employee to be placed on indefinite layoff may exercise seniority rights to bump either (1) an employee in an occupational classification that is lower rated than that from which the employee is being laid off, or (2) an employee in an occupational classification that is equally rated to that from which the employee is being laid off, provided the employee holds current certification(s) in the occupational classification or has occupied such occupational classification prior to the bumping process.

He may only bump an employee of lesser seniority and will be required to bump the least senior employee of that occupational classification. To bump, an employee must be capable and able to initially perform the work without loss of efficiency.

An employee who fails or declines to exercise bumping right at the time of layoff will then remain on layoff until his seniority entitles him to recall.

(4) Recall

Employees working downgraded or in a lateral position due to having exercised bumping rights and employees on indefinite layoff status will be recalled to the job classification from which laid off when their services are required, in seniority order, the most senior first. No opening will be by promotion or hire so long as a qualified employee is working downgraded or is laid off from that job classification for which the opening exists.

5.04 TRANSFERS TO AND FROM THE BARGAINING UNIT

Employees transferring into the bargaining unit will be credited with their total company continuous service for purposes of determining Company seniority including such time they were out of the bargaining unit. Bargaining unit seniority earned will be retained for a one (1) year period from the date of transfer or promotion but will not accumulate such seniority for the period of time they were out of the unit. If the employee is transferred to the bargaining unit prior to the expiration of the one (1) year period, all bargaining unit seniority acquired before the transfer or promotion will be retained.

5.05 LOSS OF SENIORITY

All seniority of any employee shall if the employee:

a. Resigns.

b. Is discharged for just cause.

c. Is absent three (3) consecutive working days without reporting the cause of such absence in the prescribed manner, unless cause satisfactory to the Company is furnished for such failure.

d. Reports within three (3) consecutive working days, but remains away from work for more than seven (7) calendar days, unless an authorized leave of absence has been granted by the Company.

e. Fails to report his availability in response to a recall from layoff within three (3) consecutive working days after receipt of notice to report, unless cause satisfactory to the Company is furnished for such failure. Fails to report to work from layoff within (5) consecutive working days after receipt of notice to report unless cause satisfactory to the Company is furnished for such failure.

f. Fails to return the first after completion of any authorized leave of absence from work unless cause satisfactory to the Company is furnished for such failure and advance notice of late return is furnished to the Company.

g. Engages in other gainful employment while on authorized leave, except in cases of educational leaves or leaves of absence for Union business.

h. Is on layoff for than eighteen (18) calendar

The Company will be entitled to rely upon the last address of an employee as shown in the Company records. Employees shall notify the Company promptly of any change of address and accept a receipt therefore. In case of a dispute, the employee must produce his receipt of notice of a change of address;

and failure to produce such receipt will result in no financial obligation on the part of the Company for any loss of wages to the employee.

5.06 TRAINING

When the Company offers training it will first be offered to those employees in accordance with the needs of the Company. Operational requirements permitting, primary consideration will be given to those employees required to provide on-the-job training as specified by this agreement. The Company may offer additional training to other employees in order of seniority within the job classification.

On-the-job training will be the responsibility of the designated lead classification. This however does not preclude using supervisors or subject matter experts for training purposes.

Article VI Hours of Work and Overtime

6.01 STANDARD WORKWEEK

the purpose of this Agreement, the work week will begin at 0001, Saturday, and will end at 2400 the following Friday.

6.02 SHIFTS

For purposes of this Agreement, the first (day) shift is that shift which starts nearest 0800; the second (afternoon) shift follows the first shift, and the third (midnight) shift follows the second shift.

a) Standard Work Schedule

For the purpose of this Agreement a Standard Work Schedule will consist of five consecutive work days Monday through Friday inclusive.

b) Work Schedule the purpose of this Agreement a Non-Standard Work Schedule will consist of five (5) consecutive work days otherthat Monday through Friday inclusive.

c) Continuous Work Schedule

For the purpose of this Agreement a Continuous Work Schedule will consist of four (4) weekly work schedules on a rotational basis designated to provide operational and maintenance coverage on a twenty-four (24) hour per day, seven (7) day per week basis.

Employees covered by this Agreement will be compensated for hours worked as set forth in section

6.04.

In keeping with the Company's total quality concepts, the company will consider exploring alternatives to the current continuous work schedule proposed by a team consisting of an equal number of union and management members. This new scheme shall not have an adverse effect on operations or result in cost increases.

6.03 WORK SCHEDULES

(1) Posting

a) The Company will post work schedules for all employees four (4) weeks in advance of the first shift shown thereon.

b) The Company may change the workdays on the posted weekly work schedules to meet operational requirements. Whenever possible, the Company will give up to one (1) week's prior notice of such change, but in no event later than 1500 Friday of the week before such change is to take place.

c) Changes of work hours within the weekly work schedule may be made during the work week with twenty-four (24) hours' notice prior the start the change. the event the Company provides less than twenty-four (24) hours' notice, the employee affected will receive the applicable overtime premium for all hours worked outside the posted weekly work schedule for that day.

(2) Shift Assignment

In the change of shift assignments, in the creation of any new shift, or in the filling of any vacancy, the company will offer such assignments in accordance with seniority where consistent with efficient operations. The primary consideration in all instances of employee shift assignments will be that each shift be comprised of a complement of employees job classification with the required ability and qualifications necessary to the performance of operational and maintenance requirements.

The Company shall provide employees with as much advance notice of a change in shift assignment as possible.

Employees who are granted transfers to their preferred shift or swap shifts cannot make application for further transfers within a period of twelve (12) months.

6.04 SCHEDULE OF PAYMENT FOR HOURS WORKED

(1) Straight Time

a) For the first eight (8) hours in any continuous twenty-four (24) hour period beginning with the starting time of employees shift.

b) For the regular working hours on any shift that starts on the day before and continues into a sixth (6 th) scheduled day of work or a specified holiday.

(2) Time and One-half

a) Time and one-half shall be paid for all work in excess of eight (8) hours per day in any continuous twenty-four (24) hour period beginning with the starting time of the employee's shift.

b) For the regular hours on any shift that starts on an employee's sixth (6 th) scheduled day of work.

(3) Double Time

a) Double time shall be paid for all hours worked on all shifts that start on the employee's seventh (7 th) scheduled day of work.

b) the regular hours on any shift that starts on a holiday as provided in paragraph 8.09 of this Agreement.

c) For all hours worked over twelve (12) in any continuous work period.

6.05 PYRAMIDING OF OVERTIME

No employee shall receive more than one overtime rate for the same hours worked, and if more than one rate is applicable to the same hours worked, the higher rate only shall be paid.

6.06 SCHEDULING OF OVERTIME

When overtime is required, the Company will offer overtime to those employees who normally perform the work within the job classification and section that the work is required. Such overtime will be offered first to those employees who normally perform the work within the job classification and section whose schedule immediately precedes the overtime, then to those employees who normally perform the work within the job classification and section whose schedule immediately follows the overtime, then to those employees who normally perform the work within the job classification and section who are not scheduled to work. Overtime shall be offered to employees on straight shifts as they fall with the rotating shift on duty at the time in order of their seniority on that shift providing they perform essentially the same duties as the shift worker. Such overtime will be offered on the basis of seniority.

This procedure will not apply to overtime assigned in the posted work schedules.

The company will not normally schedule an employee to work over twelve (12) hours in any one day.

In the event no employee who normally performs the work within the job classification and section desires to work overtime, it shall be the prerogative of the company to require employees to work overtime. When required to work overtime, the employee will not normally be required to work more than three (3) consecutive days at a time, at which time the next least senior employee will be required to work. This procedure will be repeated from least senior to most senior employee as long as the overtime is required and no voluntary coverage is obtained. An employee who doesn't normally perform the work will not be required to work the overtime.

If an employee is intentionally not offered overtime under the guidelines above, then the employee will be paid his applicable rate for those hours not worked.

Article VII Leaves of Absence

7.01 GENERAL

Limited leaves of absence for sufficient cause will be granted by the Company upon application from employees who have completed their probationary period. Requests for leave of absence must be made in writing on the form provided for that purpose and must be approved by the Company.

Seniority shall continue to accumulate during the approved leave of absence; however, all such leaves are without pay. When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension of such leave at least two (2) working days prior to such expiration if additional time is required.

7.02 TYPES OF LEAVES OF ABSENCE

Subject to the conditions stipulated in this paragraph, leaves of absence may be granted for the reasons stated in the following paragraphs:

a) Leave of absence for personal business may be granted to an employee when justification satisfactory to the Company is presented and when work schedules permit. An approved leave of absence for personal business shall not exceed fifteen (15) calendar days; and, where possible, employee requesting such a leave shall make his request at least five (5) working days in advance of the effective date of leave. An extension of an additional fifteen (15) calendar days may be granted by the Company upon written request from the employee.

b) Leave of absence for legitimate personal health reasons will be granted to an employee for a period of up to six (6) calendar months and may be extended for up to six (6) additional calendar months, when supported by satisfactory medical proof supplied by the employee. An employee requesting a leave of absence for medical reasons shall be subject to examination by the Company physician if the Company determines such an examination is necessary. A leave of absence that is granted for personal health reasons shall be considered to be continuous if the employee is subsequently placed on another leave for the same general condition after working less than thirty (30) working days following completion of the previous leave of absence.

An employee on leave of absence for personal health reasons may return to work prior to or at the expiration of such leave upon the release of his personal physician and subject to the approval of the Company's physician and/or leave administrator, if required. Such examination shall occur ho later than the day before return from leave.

c) Leaves of absence in compensable injury and legal occupational disease cases will be granted automatically for the full period of legal temporary disability, and seniority will accumulate for the full period of such leave.

d) Any employee who enters into active service in the Armed Forces of the United States will be given a leave of absence for and will accumulate seniority during such period of service. The parties to this Agreement shall comply with current applicable State and Federal legislation concerning military service.

e) Leaves of absence for Union business will be granted to officers and representatives of the Union who are employees of the Company and employees who have been selected by the Union as its representatives without pay not to exceed thirty (30) consecutive days to attend such Union functions as conferences, seminars, and Union educational courses, provided that reasonable advance notice is given the Company. Only two (2) employees will be granted a leave of absence for this purpose at any one time. Up to four (4) employees, but not more than two (2() from the same assignment area maybe granted leaves of absence to attend a Union convention as duly elected delegates.

An employee's election or appointment to accept a full time position with the Local or International Union shall be considered good and sufficient reason for obtaining a leave of absence without pay upon the written request from the Union to the Company for a period not to exceed one (1) year, renewable for successive one (1) year periods; it being understood that not more than one (1) employee at one time will be granted leave of absence without pay to accept such full time position with the Union.

f) Leaves of absence for education may be granted upon forty-five (45) days' notice provided that the leave does not exceed one (1) year and that the course of education being pursued is of definite value to the employee in connection with his/her job assignment.

g) Leaves of absence for an employee to care for a newly-born or newly-adopted child may be granted for a period of up to one (1) month, from time of birth or adoption to an employee so requesting upon written proof; i.e., Birth Certificate. Employee granted said leave may continue the Group Medical Insurance Program at the regular employee contribution rate for one (1) month.

h) Leaves of absence for an employee to care for a seriously ill dependent may be granted for a period up to three (3) months. Employees granted said leave may continue the Group Medical Insurance Program at the total group premium rate plus two (2) percent.

7.03 RETURN FROM LEAVES OF ABSENCE

When leaves of absence are granted, the employee upon return to active employment, will be returned to a job of like classification if such a job still exists, and provided the employee's seniority standing entitles him to the position. However, if circumstances have eliminated such comparable jobs, the employee will be reclassified to the most nearly comparable job for which he is qualified to perform in an efficient manner with normal orientation, but without training and to which his seniority standing will entitle him.

When an employee fails to return to work at the expiration of the approved leave of absence, the employee will be terminated.

When an employee accepts gainful employment during leaves of absence, except in cases of educational leaves or leaves of absence for Union business, the employee will be terminated.

Article VIII Pay Provisions

8.01 WAGE ADMINISTRATION

Employees shall progress to the single rate of pay each job classification as hereinafter provided:

a) An employee, who is promoted to a higher rated job classification, will be placed in the single rate of pay of the new job classification.

b) An employee who is transferred to another job classification which carries the same single rate of pay shall be transferred at his present rate.

c) An employee who is placed in a lower rated classification shall be transferred to the single rate of pay of that classification.

8.02 JOB CLASSIFICATIONS AND LABOR GRADES

Job Classification Labor Grade

Chief Technician (Lead) VII

Technician A VI

Ground Communications Coordinator (Lead) V

Technician B IV

Facilities Helper II

In addition to the normal work responsibilities, the Lead function will include; 1) Assigning work, 2) Performing on the job training, and 3) Keeping employees gainfully employed.

8.03 WAGES

Under the terms of this Agreement, the labor grade structure shall be effective as follows:

Schedule 1 November 2, 2016

Schedule 2 November 2, 2017

Schedule 3 November 2, 2018

The general wage increases granted during the life of the Agreement are added to single rate of pay of the basic wage schedule.

8.04 SHIFT DIFFERENTIAL

Shift premium of 85 cents for the afternoon shift and 1 dollar for the midnight shift will be paid. For the purpose of this provision the afternoon shift will be considered as any regularly scheduled shift starting after 1400 but before 2100 and the midnight shift will be considered as any regularly scheduled shift starting after 2100 but before 0500.

8.05

CALL BACK AND REPORTING PAY

Call Back Pay

An employee who is called back to the Company to perform work after the end of his shift, shall be paid on the basis of the number of actual hours worked at the overtime rate, or shall paid a minimum of four (4) hours pay at the applicable rate.

(2) Pay

An employee who reports for work and has not been prior to reporting, that no work is available, shall receive four (4) hours of work or four (4) hours of pay, at his applicable rate, in lieu thereof, except in case of strike, or where lack of work was caused by an act of God or other conditions beyond the Company's control.

8.06 BEREAVEMENT PAY

When death occurs in an employee's immediate family, i.e., current spouse, parent or stepparent, or Legal guardian, or surrogate parent, parent or stepparent of current spouse, grandparent, grandparent of current spouse, child or stepchild, grandchild, brother or stepbrother, sister or stepsister, the employee on request, will be excused for any three (3) consecutive regularly scheduled working days (excluding scheduled days off) commencing not later than the day of the funeral. If the funeral occurs more than 500 miles away from the employee's residence, the employee will be excused for any four (4) consecutive regularly scheduled working days as defined above. After making written application, the employee shall receive pay for any scheduled hours of work up to eight (8) per day for which he is excused, (excluding scheduled days off) provided he attends the funeral and provides satisfactory evidence of his attendance to the Company.

In the event of the death of a sister or brother of the employee's current spouse, the employee will be granted two (2) days off the purpose of attending the funeral.

Payments shall be made at the employee's regular rate (excluding any premium) as of his last day worked.

Time thus paid will not be counted as hours worked for purposes of overtime.

8.07 JURY DUTY

An employee with 90 days or more of seniority who is called to and reports for jury duty or is subpoenaed to appear in court as a witness shall be paid by the company for each day partially or wholly spent in performing such duty, if the employee otherwise would have been scheduled to work the company and does not work, an amount equal to the difference between the employee's regular rate, exclusive of any premiums, for the number of hours up to eight (8) that he otherwise would have been scheduled to work and the daily jury duty fee paid by the court (not including travel allowances for reimbursement of expenses_. The Company's obligation to pay an employee for performance of such duty is limited to a maximum of thirty (30) days in any calendar year. In order to receive payment, an employee must give the Company prior notice that he has been summoned for such duty and must furnish satisfactory evidence that such duty was performed on the days for which he claims such payment. The provisions of this Article are not applicable to any employee who, without being summoned, volunteers for such duty. However, when subpoenaed by a party other than the company, the employee will not be compensated if the employee, the Company the Union is a party to the case, or if the employee has any direct interest or financial interest in the case.

8.08 SHORT-TERM MILITARY PAY

An employee with one (1) or more years of seniority who is called to and performs short-term active duty of thirty (30) days or less, including annual active duty training as a member of the united States Armed Forces Reserve or National Guard, shall be paid by the Company for each day partially or wholly spent in performing such duty, if the employee otherwise would have been scheduled to the Company and does not work, an amount equal to the difference, if any, between (i) the employee's regular rate on the last day worked, exclusive of any premiums, the number of hours up to eight (8) that he otherwise would have been scheduled to work and (ii) his daily military earnings (including all allowance except for rations, subsistence, and travel). The company's obligation to pay an employee for performance of military duty under this Article is limited to a maximum (10) scheduled working days in any calendar year, if taken individually or (fifteen (15) calendar days, if taken in one (1) consecutive period, except where the days of such active duty are the result of local state of emergency or riot, in which case they shall not be chargeable against the ten (10) scheduled working day

In order to receive payment under this Article, an employee must give the Company prior notice of such military duty and, upon return to work, must furnish the Company with a statement of his military pay while on such duty. All time reimbursed will be at the straight time rate.

8.09 HOLIDAY PAY

The holidays to be observed during the life of this Agreement are as follows:

First Contract Year

Veterans Day Friday, 11/11/2016

Thanksgiving Day Thursday, 11/24/2016

Day After Thanksgiving Friday, 11/25/2016

Christmas Eve Friday, 12/23/2016

Christmas Day Monday, 12/26/2016

New Year's Eve Friday, 12/30/2016

New Year's Day Monday, 01/02/2017

Day Monday, 01/16/2017

Memorial Day Monday, 05/29/2017

Independence Day Tuesday, 7/4/2017

Labor Day Monday, 9/4/2017

Floating Holiday **

Second Contract Year

Veterans Day Friday, 11/10/2017

Thanksgiving Day Thursday, 11/23/2017

Day After Thanksgiving Friday, 11/24/2017

Christmas Eve Friday, 12/22/2017

Christmas Day Monday, 12/25/2017

New Year's Eve Friday, 12/29/2017

New Year's Day Monday, 1/1/2018

MLK Day Monday, 1/15/2018

Memorial Day Monday, 5/28/2018

Independence Day Wednesday, 7/4/2018

Labor Day Monday, 9/4/2018

Floating Holiday **

Third Contract Year

Veterans Day Monday, 11/12/2018

Thanksgiving Day Thursday, 11/22/2018

Day After Thanksgiving Friday, 11/23/2018

Christmas Eve Monday, 12/24/2018

Christmas Day Tuesday, 12/25/2018

New Year's Eve Monday, 12/31/2018

New Year's Day Tuesday, 1/1/2019

MLK Day Monday, 1/21/2019

Memorial Day Monday, 5/27/2019

Independence Day Thursday, 7/4/2019

Labor Day Monday, 9/2/2019

Floating Holiday **

All employees covered by this Agreement will be paid for the holidays defined above provided they meet all of the eligibility rules unless otherwise provided herein:

a) The employee has thirty (30) days' service as of the date of the holiday;

Or

An employee recalled under this Agreement had thirty (30) days service prior to an indefinite layoff and is on layoff less than eighteen (18) calendar months.

b) The employee would otherwise have been scheduled to work on such holiday if it had not been observed as a holiday;

c) That the employee has worked the last full regularly scheduled working day before the holiday and the next full regularly working day after the holiday.

When one of the holidays falls within an eligible employee's approved vacation period, and the employee is absent from work during his regularly scheduled work week because of such vacation, he shall be paid that holiday.

Employees with the necessary seniority who have been laid off in a reduction of force or who have gone on a sick leave or on an approved leave of absence during the work week prior to or during the week in which the holiday falls or who return to work from sick leave, leave of absence, or layoff following the holiday but during the week in which the holiday falls shall be eligible for pay for that holiday.

Full-time employees eligible under these provisions will receive eight (8) hours of pay at their regular straight-time hourly rate exclusive of any premiums.

Employees who may be requested to work on a holiday and have accepted such holiday work assignment and then fail to report and perform such work without reasonable cause shall not receive holiday pay.

When a holiday falls on Saturday and is observed on Saturday, an employee shall receive holiday pay provided he is otherwise eligible.