Attachment_I_-_Wage_Determinations.pdf

4/3/2017 CBA WD

https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA20179808 1/1

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA‐2017‐9808 Diane Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 4/3/2017 State: Virginia

Area: Accomack

Employed on NASA Goddard Space Flight Center, Wallops Flight Facility contract for the acquisition of Range Operations and related services for the Range and Mission Management Organization (RMMO) at the Wallops Flight Facility. The Contractor shall provide tracking, telemetry, meteorological, optical, and command and control services for flight vehicles. The flight vehicles include: orbital and suborbital rockets, aircraft, satellites, balloons and Unmanned Aerial Vehicles (UAVs). The contract will provide realtime display and capture of missionspecific flight data.

Collective Bargaining Agreement between contractor: LJT & Associates, Inc., and union: International Association of Machinists and Aerospace Workers Local 2552, effective 10/1/2016 through 8/8/2019.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

4/3/2017 CBA WD

https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA20179842 1/1

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA‐2017‐9842 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 4/3/2017 State: Virginia

Area: Accomack

Employed on NASA Goddard Space Flight Center, Wallops Flight Facility contract for the acquisition of Range Operations and related services for the Range and Mission Management Organization (RMMO) at the Wallops Flight Facility. The Contractor shall provide tracking, telemetry, meteorological, optical, and command and control services for flight vehicles. The flight vehicles include: orbital and suborbital rockets, aircraft, satellites, balloons and Unmanned Aerial Vehicles (UAVs). The contract will provide realtime display and capture of missionspecific flight data..

Collective Bargaining Agreement between contractor: Harris Corporation, and union: International Association of Machinists and Aerospace Workers Local 2552, effective 8/9/2016 through 8/8/2019.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Agreement

Between

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND

AEROSPACE WORKERS

LOCAL LODGE 2552

DISTRICT LODGE 74

COLLECTIVE BARGAINING UNIT # ONE (1)

and

Harris Corporation NASA Contract No. NNG10WA14C

08/09/16 THROUGH 08/08/19

ii

CONTENTS

ARTICLE DESCRIPTION PAGE

AGREEMENT 1

1 RECOGNITION AND CERTIFICATION 1

2 UNION ACTIVITY AND DISCRIMINATION 1

3 UNION REPRESENTATION 2

4 MANAGEMENT RIGHTS 2

5 UNION DUES 3

6 SAVINGS CLAUSE 3

7 INITIAL REVIEW PERIOD 3

8 STRIKES AND LOCKOUTS 4

9 EMPLOYEE RESPONSIBILITIES 4

10 SAFETY AND HEALTH 4

11 GRIEVANCE AND ARBITRATION 6

12 SENIORITY 7

13 HOURS OF WORK 10

14 ABSENCE FROM WORK 11

15 SICK / PERSONAL LEAVE 11

16 LEAVE OF ABSENCE 12

17 HOLIDAYS 15

18 VACATIONS 16

19 WAGE RULES 17

20 OVERTIME 18

21 HEALTH, WELFARE AND PENSION 19

22 TRAVEL 21

23 HAZARDOUS DUTY 21

24 DISCIPLINE 22

25 FINALITY 23

26 CROSS-CLASSIFICATION WORK (CROSS CRAFTING) 23

27 TRAINING / TUITION REIMBURSEMENT 24

28 DRUG POLICY 24

29 TEMPORARY EMPLOYEES 26

30 NON-BARGAINING UNIT EMPLOYEES WORKING 27

31 SUCCESSOR CLAUSE 27

32 DURATION 27

SIGNATURE PAGE 29

APPENDIX A PAY RATES 30

AGREEMENT

The Agreement made this July 21, 2016 by and between Harris Corporation (hereinafter referred to as the "Company"), and the International Association of Machinists and Aerospace Workers, District Lodge 74, Local Lodge 2552, (hereinafter referred to as the "Union"), covering certain employees of the Company employed at the National Aeronautics and Space Administration at the Wallops Flight Facility, Wallops Island, Virginia, and assigned under NASA Contract No. NNG10WA14C and its successor contracts as successor contracts are defined under the McNamara-O'Hara Service Contract Act.

ARTICLE 1

RECOGNITION AND CERTIFICATION

A. It is hereby agreed that the parties hereto desire to enter into an agreement for their mutual interest to promote harmony, efficiency and mutual understanding and to establish wages, hours, and working conditions, and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

B. The Company agrees to recognize the Union certified by the National Labor Relations Board on June 14,1974, (Case No. 5-RC-8827) as the exclusive collective bargaining agent for all of its employees as stipulated in the Board's Certification of Representation (and employed at the Wallops Flight Facility, Wallops Island, Virginia under NASA Contract NNG10WA14C and its successor contracts as successor contracts are defined under the McNamara-O'Hara Service Contract Act), as follows:

"All Maintenance and service employees including plant clerical employees employed by the Company at Wallops Island, Virginia, excluding all office clerical employees, professional employees, guards and supervisors as defined in the Act.

ARTICLE 2

UNION ACTIVITY AND DISCRIMINATION

A. The Company and the Union mutually agree that there shall not be any discrimination, interference, restraint or coercion by either party against any employee because of his/her membership or non-membership in the Union.

B. There shall be no discrimination by the Company or the Union against any employee because of race, gender, sexual orientation, religion, creed, color, national origin, citizenship, age, disability, veteran status, protected by applicable federal, state, local law, and regulations. There shall be no harassment or discrimination against any employee.

C. Each employee shall adhere to the provisions and intent of Section B of this Article, in his/her dealings with fellow employees, suppliers and customers of the Company under its contract No. NNG10WA14C and its successor contracts as defined under the Service Contract Act.

ARTICLE 3

UNION REPRESENTATION

A. The Company will recognize two (2) Stewards and one (1) alternate, who shall be selected from the group of full time employees within the Bargaining Unit who have satisfactorily completed their probationary period; the Union will specify the selected Stewards in writing to the Company.

B. In exercising their responsibilities to the Bargaining Unit employee, the Stewards shall guard against the use of excessive or unnecessary work time and will not unduly interfere with the operations of the Company, and not unduly interfere with the performance of the Company's contract with NASA.

C. The Stewards shall, prior to leaving their work stations, receive permission from the Program Manager or his/her designated supervisor(s) to do so, and shall report back to said Program Manager or Supervisor(s) upon return to his/her work station.

D. Upon prior notice to the Program Manager, authorized agents of the Union shall have access to the Company's establishment during working hours for the purpose of adjusting disputes, and to ascertain if the Agreement is being adhered to. It is expressly understood and agreed that in the event the authorized agent of the Union wishes to see an employee or employees in the Bargaining Unit, the Union shall first advise the Program Manager of the name(s), and the Program Manager shall determine if such employee(s) can be released from their respective stations without undue interference in the performance of the Company's responsibilities under its contract with NASA, and shall advise the Union of such employee(s) availability.

E. Stewards shall be granted preferential seniority and will be retained without regard to seniority, as long as the Company has work that they are qualified to perform. In the event the Stewards are laid off or terminated (for lack of work he/she is qualified to perform) they shall be the first recalled when work they are qualified to perform becomes available.

ARTICLE 4

MANAGEMENT RIGHTS

A. Except as otherwise provided in this Agreement, the Company shall have the full and exclusive right of management of its business, including preexisting rights it has by law.

ARTICLE 5

UNION DUES

A. The Company agrees to deduct Union Dues or service fees levied by the International Association of Machinists and Aerospace Workers from the pay of each employee who is or who makes application to become a member of the Union, or elects to pay a service fee, within the scope of the Bargaining Unit as covered by the Agreement, utilizing the I.A.M. Membership and Dues Check-off Form MR-OOI-09 as amended from time to time and provided by the Union, authorizing the Company to do so.

B. All employees may make application for membership or to pay applicable service fees after the first 1st day of employment.

ARTICLE 6

SAVINGS CLAUSE

A. Should any part of provision of this Agreement be rendered invalid by final judgment of a court of competent jurisdiction by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision hereof shall not serve to invalidate the remaining provisions and they shall remain in full force and effect for the term of this Agreement.

B. Upon such invalidation the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. In the event the parties are unable to agree upon such substitute provisions the dispute may at the request of either party be referred to arbitration for settlement but the power of the arbitrator shall be restricted and limited to determining substitute provisions to provide for the same specific objective and purpose of the provisions rendered or declared illegal.

ARTICLE 7

INITIAL REVIEW PERIOD

A. An employee who has never accrued seniority under this agreement or predecessor agreements between the Company and the Union, or an employee rehired after termination of seniority shall be in initial review status until completion of 6 months employment. An employee in initial review status shall be entitled to all benefits. An employee in initial review status shall covered by the terms and conditions of this Agreement with exception to the following. The discipline or discharge for cause as determined solely by the Company, of an employee who is in initial review status shall not be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 8

STRIKES AND LOCKOUTS

A. The Company agrees that during the term of this Agreement it will not engage in a lockout of its employees. The Union agrees that during the term of this Agreement there shall not be any strikes, sympathy strikes, sit-downs, slow-downs, work stoppages, boycotts, picketing, or any other refusal to work or any other interference with the operations of the Company, directly or indirectly, by any employee or group of employees, and that no officer, agent, representative, steward or member of the local Union or the Union shall ever authorize, call, participate in, instigate, aid, condone or acquiesce in any such actions and that no employee covered by this Agreement shall participate in any of such actions.

B. Any employee who engages in any form of activity prohibited by this Article may be subject to appropriate disciplinary action, including termination.

ARTICLE 9

EMPLOYEE RESPONSIBILITIES

A. Employees within the Bargaining Unit shall be assigned to and answerable to the Program Manager, or in lieu thereof a supervisor or supervisors who shall be designated in writing and who shall be responsible for assigning work, approving absences, and initiating and taking disciplinary actions. Additionally the site or area leaders, as designate by the Program Manager, shall be responsible for the assigning of work and scheduling absences. No employee shall be subject to discipline for refusing to carry out the instructions of other than said designated leads and appropriate government authorities. The Company will not discipline employees when employees receive conflicting instructions.

B. Failure to comply with the requirements for a clearance or denial or withdrawal of such clearance by such governmental agency shall be just cause for discharge of any employee without further recourse by the Union under the terms and conditions of the Agreement.

C. All employees and managers will abide by the Company’s Anti-Harassment Policy that all employees receive and acknowledge on the date of hire, and that may be modified by the Company periodically.

ARTICLE 10

SAFETY AND HEALTH

A. Employees covered hereby shall be required to comply with all safety rules and regulations established by the Company, and to wear such protective clothing or use safety equipment as may be required and provided by the Company. The employee will be responsible for reasonable care of customer and/or Company furnished equipment and will use his/her best efforts to notify the Company of any sabotage or willful damage to Company, customer or employee property or materials. Protective clothing and safety equipment furnished by the Company remains the property of the Company and each employee shall be responsible for proper use and care thereof.

B. Those employees required by the Company to wear safety shoes in the performance of their job will reimbursed for the purchase of such shoes to a maximum of $150.00 on an as required basis as determined by the Company.

C. Those employees required by the Company to wear prescription safety glasses shall be reimbursed for one pair of safety glasses per year. Damaged or unusable glasses will be replaced as necessary.

D. When an employee is injured so seriously as to require that he/she be excused from work by an authorized representative of management, he/she shall be paid for the balance of the regular scheduled shift on which the injury occurred.

E. Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examinations as may be directed by the Company. The Company shall pay for each such examination and the employees’ time missed from work to obtain the examination, but such time shall not be considered hours worked for purposes of overtime.

F. Should an employee fail to pass the Company's medical examination and, as a result thereof, is determined by the Company to be unable to perform the duties of his/her job classification, the Company agrees to meet with the Union for the purpose of endeavoring to agree on reassignment of the employee to available work for which he/she is qualified and which he/she is able to perform. Qualifications of the employee to perform other work shall be determined by the Company.

G. If the Company and the Union are unable to reach agreement, the Company may then reassign the employee to available work for which he/she is qualified or be released from the service of the Company. Disputes arising from the provisions of this paragraph shall be subject to the Grievance procedure.

H. A Steward shall be a member of any Company Safety Committee designated to investigate personnel accidents, injuries and/or unsafe conditions. If any employee is injured on the job, the Company will notify a Union Steward as soon as possible.

I. The Company and the Union encourage employees to submit to the Company written suggestions for improvement of conditions relating to job safety.

J. Should a walk around safety inspection of the Company's assigned work locations be conducted pursuant to the provisions of OSHA, one (1) representative, designated by the Union, shall have the right to accompany the inspection team during regular duty hours without loss of pay.

ARTICLE 11

GRIEVANCE AND ARBITRATION

A. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by a conference between the Program Manager and the employee involved, provided a Union representative is present. A working problem or personal grievance is defined to be a controversy between any employee, or group of employees, and the Company involving the interpretation or application of provisions of this Agreement or supplements thereto, only. If not resolved in this informal level, a formal grievance shall be filed and processed in accordance with the steps and time limits and mutually agreed upon extensions specified below. For purposes of this Article a formal grievance under this Agreement is defined as a written statement by the Union, an individual employee, or group of employees (herein after called "Grievant") claiming a violation by the Company of the terms of this written Agreement.

B. Except for payroll adjustments, no grievance shall be filed or processed based on facts or events or omissions within the employee's knowledge, which have occurred more than ten (10) working days before such grievance is filed.

C. Both parties agree to exert an earnest effort to settle such grievances through the following steps:

Step 1. Any matters of contention between an employee(s) of the Union, and the Company, shall be initially discussed between the employee(s) involved, a Steward and the appropriate Company Supervisor. If such matter is not resolved at this informal step, the aggrieved party(s) shall move to step 2.

Step 2. The Steward shall reduce the grievance in writing to the Program Manager within five (5) working days, from the date that Step 1 was completed. When the grievance is presented to the Program Manager, he/she will have five (5) working days to respond in writing to the Steward. The Steward shall indicate his/her acceptance or rejection of the decision.

D. In the event the grievance is not satisfactorily disposed of by recourse in Step 2 of this Article, then the Union may, within thirty (30) calendar days after receipt of the Company's response request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) impartial arbitrators from which the Union and the Company shall choose one to hear the grievance. Upon receipt of the said list of seven

(7) arbitrators the Company shall first strike two names from the list followed by the Union striking two names and then the Company strikes one name and then the Union strikes one name. The remaining un-struck name shall be the name of the Arbitrator who shall hear the grievance. For subsequent issues to be arbitrated, the parties shall alternate who strikes the first two names offered by FMCS.

E. The arbitrator shall not have the authority to alter, amend, add to, modify or change the terms and provisions of this Agreement and his/her decision shall be limited to the particular grievance in question. The arbitrator's decision shall be final and binding upon the parties.

F. The Union and the Company shall equally share the expenses and fee of the neutral arbitrator, including any mutually agreed upon services relating to the arbitration proceedings. Each party shall make all arrangements, including pay and/or expenses of any witnesses called or other representatives or persons requested to attend any arbitration hearing. The number of employee witnesses summoned at any one time shall not be greater than the number which can be spared without interference with the operation of the Company's work.

G. All time limits prescribed herein may be extended by mutual written agreement of the parties. Failure of the Company to respond to a grievance within the time limits set forth herein shall constitute a basis for the Union to escalate the grievance to the next step. Failure of the Union or the employee to process the grievance to the next step shall render the subject grievance, and any associated claims, void, and any further action on the subject grievance or the said associated claims shall be barred.

H. In any case involving discharge or discipline imposed by the Company, back wages, if any are awarded, shall be limited to the amount of wages that the Grievant would otherwise have earned less any unemployment compensation, substitute earnings or other compensation whatsoever the Grievant earned during the period of discharge or suspension. The Company shall have the right to require the Grievant to produce any records, which shall evidence such compensation.

I. Nothing in this Agreement shall be construed to prevent an employee from discussing any problem with his/her supervisor(s), the Program Manager, or any other official of the Company, but there shall be no formal grievance until it has been reduced to writing. The Union agrees that neither a Steward nor other Union officials shall solicit grievances.

ARTICLE 12

SENIORITY

A. Job classification seniority shall be defined as the length of continuous service, whether employed by the Company or its predecessor, from the employer's latest date of classification into his/her current job classification, and shall be recognized on an individual job classification basis.

B. Bargaining Unit seniority shall be defined as the length of continuous service, whether employed by the Company or its predecessor, from the employee's latest date of hire, and shall be recognized on a Bargaining Unit wide basis.

C. The Company shall furnish the Union, upon request, but in no event more than once each six (6) months, with an accurate seniority list of all employees in the Bargaining Unit by job classification. Such list is to include the name, classification, latest date of hire, and wage rate of each employee. The Union shall be given written notification of all new hires within ten (10) days of the new hires start date. The Company will provide the Seniority List to the District Office provided the Seniority List is treated as Company proprietary.

D. In administering this Agreement, seniority shall be defined first as job classification seniority (Engineering Tech, Senior 2, Senior, Journeyman, Junior and Helper) and then Bargaining Unit seniority, in that order. Bargaining Unit seniority within a job classification shall be the determining factor in effecting layoffs, recalls, promotions, demotions, and in respect to other working conditions where specifically stated in this Agreement. An employee replacing another employee as the result of a bump must be able to perform the job with normal orientation but without training.

E. Seniority shall be canceled and terminated upon the happening of any one of the following events:

1. Employee quits.

2. An employee is discharged.

3. An employee fails to return to work within ten (10) working days of a notice of recall given by the Company by registered or certified mail, and sent to the last known address of the employee.

4. An employee is absent without previously notifying the Company, except in cases of extenuating circumstances.

5. An Employee overstays a leave of absence without notifying the Company, except in cases of extenuating circumstances.

6. An employee engages in other employment during an unpaid leave of absence without obtaining the prior written permission of the Company.

7. An employee gives false reason for obtaining or extending a leave of absence.

8. Settlement has been made for total disability.

9. An employee has retired.

10. An employee has been in layoff status for twelve (12) months or is absent because of sickness or injury, or similar cause, for more than twelve months.

11. An employee is promoted or assigned to jobs outside of the Bargaining Unit covered by this Agreement.

12. Failure to obtain or maintain a required security clearance.

F. In making assignments to a permanent job vacancy or a new job, the Company shall consider the desires of the employees. A notice of any such vacancy or new job shall be posted by the Company. Any employee interested in such position shall, within seven (7) days of posting (during which time another employee may be placed in the vacant position) submit a bid notice to the Program Manager indicating his/her qualifications and position related work experience for such position. The Company shall consider those employees who have submitted a bid notice, and who meet the minimum qualifications as written in the job announcement, for such position. If the Company determines that one of the said employees is qualified, or more qualified than another employee(s), it shall assign that employee to such position. In the event the Company determines that more than one employee is equally qualified for such position, as defined herein, the employee with the most seniority, as defined herein, shall be assigned such position. The Company shall notify in writing within seven (7) days of the closing of the posting, each employee bidding on a vacancy, and who met the minimum qualifications as written in the job announcement for the position, of the Company's decision concerning that vacancy. If the Company determines that no bidding employee is qualified for such position, then an employee shall be hired/transferred to fill the position. The Company's determination of "qualifications" shall be subject to the grievance procedure. During an employee’s initial review period, the employee cannot bid on a job opening. At the end of the posting period when there are no satisfactory applications from employees who have satisfied the period, the new employee may then apply for the opening.

G. Any employee who is awarded a job opening shall undergo a ninety (90) workday trial period in the new position to which he/she is assigned. If, during the trial period, the Company determines that the employee cannot satisfactorily perform the requirements of the new job, he/she shall be returned to their previous position, or its equivalent, and shall receive the applicable rate for such position. Employees who are accepted on any bid job and are returned to their former job for failing to meet job requirements shall not be permitted to bid on any job for a period of one (1) year. Any disputes under this paragraph (G) shall be subject to the grievance and arbitration procedures.

H. When a reduction of working forces becomes necessary, employees shall be retained by the Company in accordance with the definition of seniority set forth in this Article, and according to the number of employees the Company determines is necessary within each job classification for the reduced operations contemplated by the Company. Recall of employees shall be accomplished by the same procedure in reverse. Notification of openings for recall shall be given by the Company by registered mail to the last mailing address furnished by the employee. An employee recalled from layoff shall respond within three (3) workdays of receipt of the recall notice as to his/her to return to work. A copy of such notice shall also be sent to the Union. If no response is received by the Company within ten (10) days from the date the notice is mailed, the next employee on the seniority list may be recalled and the notified employee will be terminated. If no qualified employee remains on the seniority list, a new employee may be hired or assigned to the open position. Failure of the employee to keep the Company advised in writing of his/her current correct address shall relieve the Company of all obligations indicated in this paragraph.

I. Any employee within a particular job classification who is affected by a layoff within his/her job classification shall be able to bump. Bumping shall be based first upon bargaining unit seniority, any less senior employee in any like or lower rated job classification where the employee seeking to bump a less senior employee is qualified for the position in the like or lower rated job classification. When increasing the work force, those employees who were reclassified at the time of layoff will be returned to their former classifications in line with their seniority as openings occur.

ARTICLE 13

HOURS OF WORK

A. The work week shall consist of seven (7) days beginning 12:01 am. On Monday and ending at 12:00 midnight the following Sunday.

B. The workday shall be defined as a period of twenty four (24) consecutive hours beginning immediately after midnight of one day and ending at midnight on the following day.

C. Range Employees: The regular work shift for Range employees shall consist of eight

(8) consecutive hours of work in a workday, scheduled on five (5) workdays, normally Monday through Friday, exclusive of an unpaid meal period of thirty (30) minutes. The regular work shift but not necessarily the only work shift, shall commence at 8:00 am and end at 4:30 pm. Range employees will have the option to flex their normal shift up to 60 minutes within a normal shift. The Program Manager or his/her designated supervisor(s) must approve modifications to the employee's normal shift in advance.

Shift premium will not be paid for the 60 minutes that fall outside the employee's normal shift. It is understood that an employee's flex schedule will not interfere with range operations and can be revoked at any time by the supervisor(s) or Program Manager.

D. The pay week will begin at 12:01 on Monday and end at 12:00 midnight on the following Sunday.

E. Pursuant to the operational needs of the Company, the Company reserves the right to schedule employees outside of the regularly scheduled work shift, and the right to implement different shifts than those set forth herein, or to change the time periods within which shifts will commence, and where possible shall give the affected employee(s) twenty-four (24) hours’ notice, of any such change.

F. In the event that the work shift schedule or any other working schedule is changed, modified or amended by the customer, then the working hours for the employees so affected shall be changed to conform with the customer directives. In the event a customer directed working schedule change occurs, and as a result of that working schedule change an employee’s total regular hours recorded (regular work, holiday, sick and vacation hours) for the pay week is less than 40 hours, then the employee shall be paid at his/her base pay rate for the number of additional hours needed to bring the total hours paid for the week to 40 hours, provided that the Company is reimbursed for the hours by the customer.

G. The Company shall have the right to institute nonstandard schedules to meet workload requirements, but will not change work hours arbitrarily. Where possible, employees will be given twenty-four (24) hour advance notice of changes in the regular work schedule.

H. An employee, in the absence of notice not to report to work, who reports for work on his/her regularly scheduled shift and for whom the Program Manager determines there is no work available, except when such lack of work is due to an act of God, sabotage, national emergency, or picketing directed against the Company, or other circumstances beyond the control of NASA or the Company, shall receive a minimum of four (4) hours pay at this straight time base rate. Under this paragraph only the hours which are worked shall be considered as time worked for purposes of computing overtime.

ARTICLE 14

ABSENCE FROM WORK

A. Except for illness, injury or other reasons beyond their control, employees are expected to report for work as scheduled unless the absence is authorized by the Program Manager or the designated lead(s). Unauthorized absences shall subject employees to appropriate disciplinary action.

B. It is the duty of every employee who, for any reason is unable to report for work as scheduled, or who expects to report to work late, to notify the Program Manager and/or his/her designated lead(s) of the reasons thereof, indicating when he/she expects to report to work. Employees absent will make every reasonable effort to notify the Program Manager and/or his/her designated lead(s) within one (1) hour before their scheduled starting time.

C. Employees may be granted time off with pay to a maximum of two (2) hours to vote in national, state, local and primary elections, provided that such employees are unable to vote either before coming to work or after leaving work.

ARTICLE 15

SICK/PERSONAL LEAVE

A. An employee who suffers an injury or illness which prevents the employee from working and with respect to which the employee is not entitled to compensation under any worker's compensation statute shall be entitled to accrue sick/personal leave, up to a maximum of eighty (80) hours per contract year. The Company reserves the right to require proof of illness for any period of sick/personal leave exceeding three (3) days.

B. Eligible employees will accrue sick/personal leave to a maximum of eighty (80) hours per contract year, accrued at the rate of 1.54 hours for each complete week actually worked by the employee during the contract year.

C. An employee may request sick/personal leave provided he/she receives the prior approval of the Program Manager and/or his/her designated lead(s), and further provided the employee has sufficient sick/personal leave hours accrued pursuant to the provisions of this Article, and further provided that said time off does not unduly interfere with the operations of the Company. Said sick/personal leave may be extended provided the employee has sufficient hours accrued pursuant to this Article, and further provided the employee receives sick/personal leave.

D. Any unused sick/personal leave shall be carried forward to the subsequent contract year(s).

ARTICLE 16

LEAVE OF ABSENCE

A. Leave of Absence - To the extent permitted by workload commitments, an employee covered by this Agreement will be granted a leave of absence, without pay, for a period not to exceed twelve (12) months. When circumstances permitted, applications in writing for such leave of absence, stating the reasons therefore, must be submitted to the Program Manager no less than two (2) calendar weeks prior to the first work day of such requested leave. At the discretion of the Company, extended leaves of absence may be granted for good and sufficient cause, when circumstances permit.

B. Military Leave - The Company agrees to observe all provisions of present law or laws hereafter enacted relating to its obligations to those of its employees who may leave the service of the Company to enter the Armed Services of the United States.

C. Military Reserve Duty - Annual military leave will be granted employees not to exceed thirty (30) days and the Company will pay the difference between military reserve duty pay and the employee's regular base pay up to fifteen (15) days per year provided the employee has completed twelve (12) months of employment. Employees must present to the Program Manager a copy of military orders or other certification stipulating the period of service and submit certification as to military pay and allowances received.

D. Funeral Leave - In case of the death of a member of the immediate family of an employee, the employee shall be granted a maximum of five (5) scheduled shifts or workdays off with straight time pay to attend the funeral and tend to administrative details. Members of the immediate family shall be the spouse, domestic partner, children, stepchildren, parents, stepparents, brother, sister, grandparents, grandchildren, spouse's parents, half- brothers and half -sisters. In the event other members of the family should die, the employee will be granted a maximum of two (2) scheduled shifts or workdays off with straight time pay to attend the funeral and tend to administrative details. Other members of the employee's family shall be brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, aunts and uncles, and spouse's grandparents. Pay for all such time shall be at the employee's base straight time rate.

The Company may require proof of death under this Article.

E. Jury Service - When an employee is necessarily absent from his/her regular work shift by reason of required jury service, or to report to a court in person in response to a jury duty summons, or to report for jury examination, he/she shall be granted pay for those hours during which he/she is necessarily absent from his/her regular work shift, less any fee or other compensation paid to him/her by the court for such service.

1. Pay for such lost shall be computed at the employee's straight time base rate of pay. In no event shall payment be made for jury duty performed on the employee's regular scheduled days off, holidays defined herein, or for any hours in excess of eight (8) in any regular work day or hours in excess of forty

(40) in any work week.

2. Pay for such time lost shall not, for any employee, exceed a total of hours equal to thirty (30) regular eight (8) hour workdays in anyone (1) calendar year, less any fee or other compensation paid to him/her by the court for such service.

3. To be eligible for payment of jury service pay, an employee must notify his/her

Program Manager no later than the completion of his/her regular work shift following receipt by him/her of such notice or summons. Further, he/she shall be ineligible to receive jury service pay until such time as he/she presents to the Company a statement from an official of the court attesting to the date or dates and time of such jury service, and the fee or compensation paid to him/her by the court for such jury duty and provided the hours of jury duty occur during the individual's regularly scheduled shift or as otherwise provided herein.

a. If a first shift, sometimes known as day shift, employee is released by the Court by 11:00 am, he/she shall be required to report to work after release from jury duty. If a day shift employee is released by the Court after 11:00 am, he/she shall be required to work his/her next scheduled workday.

b. If a second or afternoon shift employee is released by the Court by

12:00pm, he/she shall be required to work his/her scheduled shift. If a second or afternoon shift employee is released by the Court after 12:00 pm, he/she shall not be required to work his/her scheduled shift on that day.

c. A third shift employee shall not be required to work his/her scheduled shift immediately prior to his/her first morning of jury duty. If a third shift employee is released by the Court by 4:30 pm, and not scheduled for jury duty the following day, he/she shall be required to work his/her scheduled shift that night. If a third shift employee is released by the Court after 4:30 pm, he/she shall not be required to work his/her scheduled shift that night.

F. Union Business Leave - Upon furnishing the Company reasonable advance notice, wherever possible two (2) weeks, employees will be granted leave of absence without pay for the purpose of Union business. Such leave is limited to thirty (30) calendar days but the Company will give consideration for an extension, if required, upon written request to the Company. Such leaves will be limited to one (1) employee at any given time and further limited to one (1) leave per month. During leaves of thirty

(30) days or less, employees shall retain, and continue to accrue seniority. However, if two (2) delegates are elected to attend the Virginia State Council of I.A.M.& AW, they shall be allowed, work load permitting, to attend the council.

G. Maternity Leave - Maternity leave shall be treated as any other disability and will be covered under the applicable disability plan.

H. Administrative Leave - Employees shall be given paid time off for all periods of time which are declared as administrative leave periods by NASA Wallops Flight Facility for contractor personnel. It is to be noted, however, that critical functions will be manned as required by Company personnel. Employees working on such administrative leave days will be paid at two (2) times their regular straight time rate for all hours covered by the administrative leave period. For extended periods, such· as consecutive days, all intervening hours shall be considered as administrative hours for computing pay.

I. Seniority Rights - Employees on approved leaves of absence of two (2) calendar weeks or less in duration shall not suffer any loss of seniority or any seniority right under this Agreement. Employees on approved FMLA leave shall not suffer any loss of seniority, or any right covered under this Agreement for the duration of his/her approved FMLA leave. Employees on approved leaves of absence of more than two

(2) calendar weeks, but (12) months or less, shall maintain levels of seniority existing at the commencement of said leave. Employees returning from a leave of absence of more than two (2) calendar weeks, but (12) months or less, shall be restored to their former job, or its equivalent, providing such job exists. In the event no such job exists, the returning employee shall have the right to displace another employee with less seniority in the job for which the returning employee is qualified, as determined by the Company in its sole discretion.

J. Temporary Employees - Employees hired to replace employees on approved leaves of absence shall be hired in a temporary status. Employees returning from leave of absence shall have the right to displace such temporary employees. Employees hired on a temporary basis shall be so advised by the Company at the time they are hired.

Temporary employees will be treated as initial review employees (re: Article VIII) except they will receive no benefits.

1. The Company shall adhere to the provisions of the Family Medical Leave Act, as provided for and/or modified by statute or interpretation by a court of competent jurisdiction.

K. Bargaining Unit employees requesting LWOP during a transition to a successor contractor shall not lose vacation accrual, sick/personal leave accruals, or seniority rights. The maximum amount of LWOP an employee may use during this time is two

(2) weeks. Employees may only use this leave during the first three (3) months with a successor employer.

ARTICLE 17

HOLIDAYS

A. The following are designated as holidays:

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Presidents Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day

B. Should any of the above holidays fall on Saturday or Sunday, the Company will observe as the holiday the day determined by NASA Wallops Flight Facility.

C. Employees are eligible for holiday pay, provided that they work, or are on authorized paid leave during their full shift on the last scheduled workday preceding the day the holiday is observed, and the first scheduled workday following the day the holiday is observed.

D. An eligible employee who is not required to work on the day observed as a holiday shall receive eight (8) hours pay, exclusive of all premiums, at his/her straight time base rate of pay.

E. An eligible employee who is required to work on the day observed as a holiday shall receive two (2) times his/her straight time hourly base rate of pay for all hours actually worked on that day, in addition to eight (8) hours pay at his/her regular straight time base rate of pay. An employee who is required to work on the day observed as a holiday and who does not report to work shall be subject to disciplinary action and shall be ineligible for benefits under this Article for that holiday, unless the failure to report to work was beyond the reasonable control of the employee.

F. In the event NASA Wallops Flight Facility is closed or administrative leave is granted to federal employees by the Government for any reason, the following shall apply:

Employees shall be granted all time off that is granted to federal employees.

Any employee who is scheduled but unable to work due to base closure shall be paid for the hours lost due to base closure at his/her regular straight time base rate (Base Closure Pay).

Any employee deemed to be essential who is required to work and performs work during the base closure shall be paid for actual hours worked in addition to Base Closure Pay.

If the Company is not reimbursed by the Government or the Prime, Base Closure Pay does not apply.

ARTICLE 18

VACATIONS

A. Each regular full time employee shall earn vacation for each complete calendar week paid. The amount of vacation which an employee will earn for each calendar week shall be determined by the number of years of continuous service completed by the employee from his/her most recent date of hire, as defined by the provisions of the Service Contract Act, in accordance with the following chart:

Weekly Accrual Rate Annual Allotment Years of Service

1.54 hours 80 hours 1st through 4th years

2.31 hours 120 hours 5th through 10th years

3.08 hours 160 hours 11th & succeeding years

B. The Company shall retain the final right to approve, deny, Schedule and cancel all vacations. If two (2) or more employees request the same vacation date(s) and the Company determines to approve some but not all such vacation request for such date(s), the request of the senior employee(s) shall be honored. Request for vacation will be returned either approved or disapproved within five (5) workdays from receipt.

Once an employee's vacation request is approved it will not be overridden by a request from a more senior employee of the same time frame. The Company shall reimburse the employee for unrecoverable funds due to a direct cancellation of approved leave by the Program Manager.

C. An employee, whose designated job classification is listed in Appendix A of this Agreement, shall be compensated for vacation at the straight time base rate of pay for the designated job classification at the time the vacation is taken.

D. Paid holidays falling within an employee's authorized and previously scheduled vacation period, shall not be charged to that employee's vacation account.

E. Eligible employees shall accrue and vest vacation by pay period in accordance with the accrual schedule set forth above. Prior to the end of each pay period, the employee shall have the option of; selling back to the Company vacation leave (in minimum of forty (40) hour increments), using the vacation leave at a time mutually convenient to the employee and the Company, or carrying the vacation leave forward up to a maximum of three (3) times the employee's yearly accrual rate.

F. An employee who leaves the employ of the Company will be paid for accrued, unused vacation at his/her straight time hourly rate.

G. Vacation leave time may not exceed three times the employee's annual accrual rate at any time. Any vacation leave accrued in excess of three times the employee's annual rate shall be paid to the employee.

H. If, due to work load requirements and operational needs of the Company, an employee is unable to schedule his/her vacation, and the said inability to schedule the vacation results in an employee having accrued more than three times the employee's accrual rate of vacation hours it is agreed that the employee(s) so affected shall have an additional sixty (60) calendar days to reduce his/her vacation accrual to the maximum.

I. Employees may, due to humanitarian reasons, donate vested vacation leave to other

Bargaining Unit employees who have insufficient leave, subject to applicable law, including IRS requirements regarding taxation of accrued and/or donated leave. This donated leave will be converted in a manner so that the Company will incur no additional financial cost.

ARTICLE 19

WAGE RULES

A. The rates set forth in Appendix A attached hereto and made a part of this Agreement shall prevail on and after the effective date indicated thereon.

B. When a new job classification, in addition to those listed in Appendix A, is created, the wage rate therefore, shall be determined by negotiation between the Company and the Business Representative of the Union.

C. Pay increases or decreases shall become effective on the date of implementation of a new classification.

D. Payday is to be Friday by 4:30 pm for the two weeks period ending in the previous calendar week. If Friday is a holiday, Thursday is to be payday. A payroll checks delivery delay caused by the U. S. Mail or other carrier shall be deemed an act beyond the control of the Company.

E. Employees temporarily assigned by the Company to work during hours other than their regularly scheduled working and/or shift hours, shall be paid a premium of twelve percent (12%) of his/her regular straight time hourly rate for all hours worked outside of their regularly scheduled working hours. The twelve percent (12%) premium will not be paid for any hours for which an employee is compensated at his/her overtime rate of pay. No premium payment of any kind shall be made to any employee who has requested an assignment outside of his/her regularly scheduled working and/or shift hours. For purposes of this paragraph, a temporary assignment shall be defined as an assignment of thirty (30) working days or less.

F. Employees designated as leads shall receive a premium paid at eight percent (8%) of his/her regular straight time hourly rate.

G. Employees who are called back and required to work after completing their normal work day, or called in on a day on which they are not scheduled to work, shall receive a minimum of one (1) hour of overtime work, and 3 hours of pay based on the employees regular straight…