NSROC CBA IAMAW 11.01.21 final FULLY EXECUTED.pdf

AGREEMENT

Between

KIRA Aerospace LLC, KIRA Government

Services, LLC, and Vanguard Pacific, LLC.

a n d

THE INTERNATIONAL ASSOCIATION

OF MACHINIST AND AEROSPACE

WORKERS, AFL-CIO,

DISTRICT LODGE #2020, LOCAL LODGE

NSROC

October 1, 2021 — September 30, 2024

ARTICLE

TABLE OF CONTENTS TITLE

PAGE

1 Recognition and Certification 1 2 Government Responsibility 1 3 Union Activity and Discrimination 2 4 Union Representation 2 5 Successor Clause 3 6 Management Rights 3 7 Subcontracting 4 8 Union Security 4 9 Check-Off 5 10 Probationary Period 5 11 Strikes and Lockouts 5 12 Non-Bargaining Unit Employees 6 13 Supervision 6 14 Safety and Health 6 15 Hours of Work 7 16 Absence from Work 8 17 Leave of Absence 9 18 Wage Rules 11 19 Job Classifications 11 20 Overtime 12 21 Holidays 13 22 PTO/Personal Time Off 14 23 Health and Welfare Insurance 14 24 Seniority 14 25 Grievance and Arbitration 17 26 Superseding Effect and Agreement 18 27 Savings Clause 19 28 Travel and Per Diem 19 29 Cross Crafting 19 30 Duration 20 31 Pension 20 32 Educational Assistance 21 33 Disciplinary Action 21 34 Training 22 35 Drug-Free Work Environment 23 36 Temporary Employees 23 37 Tools 24 Signature Page 25 Schedule A 26 Schedule B 28

CONTRACT

This Agreement is made and entered into this 1st day of October 2021, by and between KIRA Aerospace LLC, KIRA Government Services, LLC, and Vanguard Pacific, LLC NASA Sounding Rocket Contract, Wallops Operation (hereinafter referred to as the “Company") and the International Association of Machinist and Aerospace Workers, AFL-CIO, District Lodge #2020, Local Lodge 2552 (hereinafter referred to as the Union).

ARTICLE 1- RECOGNITION AND CERTIFICATION

A. It is hereby agreed that the parties above cited desire to enter into 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 disputed and grievances that may arise affecting the employees covered hereby.

B. The Company recognizes the Union certified by the National Labor Relations Board on March 29, 1974 (Case No. 5-RC-8827) as the exclusive representative of all employees as recognized by the Company under the successorship doctrine, comprising the workforce called for in NSROC Contract NNG1 0WA17C, employed by the Company at its NASA, Wallops Flight Facility, Wallops Island, Virginia location but excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. Included classifications are found in Schedule A.

ARTICLE 2 - GOVERNMENT RESPONSIBILITY

A. The Union recognizes that the Company is a contractor to the Federal

Government at NASA Wallops Flight Facility, Virginia and that the Company is required at all times to fully meet its obligations as a Contractor. Nothing in this Agreement is intended nor will any provision of this Agreement inure to prevent the Company from fully meeting its obligations and responsibilities as a Contractor. The Union fully recognizes that from time to time the Government may impose various legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet such demands, obligations or comply with such rules or regulations as may be promulgated or imposed by the Government.

B. It is further understood that if a security clearance is required in order to perform work in job classifications covered by this Bargaining Unit, that such security clearance shall be a condition of continued employment with the Company.

C. To the extent that the provisions and terms of the contract between the Company and the Federal Government, and the full and complete performance by the Company thereof are inconsistent with this contract, the requirements of said federal contract, and the full complete performance thereof, shall take precedent over this contract and the rights and obligations of the parties hereto.

D. To the extent that Company is permitted under its contract with NASA (National Aeronautics and Space Administration) it shall endeavor to have all instructions relative to job performance of the members of Union emanate from Company's designated supervisor or supervisors. Consistent with the full performance of said government contract, Company shall exercise efforts to minimize the instances where instructions are given to employees by Federal Government representatives. Based upon said undertaking by Company, Union agrees that where occasions arise in which such instructions are given by such representatives, employees will comply with said instructions.

ARTICLE 3 - UNION ACTIVITY AND OTHER PROTECTED STATUS

AND NON-DISCRIMINATION

A. The Company and the Union agree that this Agreement shall be interpreted and enforced in accordance with the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and all other federal and state non-discrimination statutes. It is agreed that there shall be no discrimination, interference, restraint or coercion by either party against any employee because of his or her membership or non-membership in the Union. The Union and the Company agree to cooperate in all matters concerning equal employment opportunity and affirmative action in compliance with applicable city, county, state and federal regulations. This includes any current legislation amended or enacted during the period of this Agreement. The provisions of this Article, like all other Articles in this Agreement, shall be subject to the grievance and arbitration Article.

ARTICLE 4 - UNION REPRESENTATION

A. The Company will recognize two (2) shop stewards and two (2) alternates selected from full time employees within the bargaining unit who have completed their probationary period. The union will specify the selected stewards and alternates in writing to the Company. One shop steward will be selected by the Union to serve as senior shop steward. The senior shop steward will function at the Contract Manager's level. Nothing in this article shall preclude the senior shop steward from having the shop steward and or business representative at meetings/grievances with the Contract Manager.

B. In exercising their responsibilities to Bargaining Unit employees, Shop Stewards shall guard against the use of excessive or unnecessary work time and will not unduly interfere with the operations of the Company.

C. A Steward shall notify and coordinate his absence with his Supervisor before leaving his workstation and report back to the Supervisor upon return to his workstation.

D. All Union Leave hours used for the purpose of serving for provisions of this contract will be computed for the purpose of establishing overtime pay.

E. The Shop Steward shall be granted preferential seniority and will be retained without regard to seniority, as long as the Company has work for which he is qualified to perform. In the event a recognized Union Representative is laid off or terminated (for lack of work he is qualified to perform) he shall be the first recalled when work he is qualified to perform becomes available.

F. Nothing in this Article shall be construed as the right to deny the International Representative or Business Agent the privilege of processing a grievance on behalf of a unit employee, or to participate in a grievance meeting conducted in accordance with the Grievance Procedure.

G. The Union shall be free to withdraw a grievance at any step of the Grievance Procedure without prejudice.

H. At no time shall the Union steward be discriminated against by the Employer because of the performance of duties as a Union steward.

ARTICLE 5 — SUCCESSOR CLAUSE

The provisions of the Agreement shall be binding upon the Company and its successors, assigns or future purchasers, and all of the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer or assignment of the Company of any or all of its property, or affected or changed in any respect by any change in the legal status, ownership or management of the Company. It being the intent of this Article to promote industrial peace and harmony, to ensure continuity of employment and representation, to maintain the current and prospective level of wages, benefits, and working conditions contained herein and further to protect the gains made in said wages, benefits, and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work of this Bargaining Unit.

ARTICLE 6 - MANAGEMENT RIGHTS

Except as specifically abridged, delegated, granted or modified by this Agreement all management rights, powers and authority possessed by the Company prior to the execution of this Agreement are retained by the Company and remain exclusively and without limitation within the rights of the Company.

The Company retains the sole and exclusive right of management of its business, and the direction of its working forces, including but not limited to: the establishment or modification with notification to the Union of reasonable policies, practices, and procedures for the conduct of its business, and to change or abolish such policies, practices, and procedures; the right to plan, direct, expand, reduce and control its operations, to include the shifts to be observed, facilities to be covered, and the methods of job performance; the right to hire, layoff, assign, transfer, demote, promote; the right to determine the starting and quitting times of employees, and the hours and days to be worked; the right to discharge, suspend, or otherwise discipline employees for just cause; the right to take such measures as management may determine to be necessary for the orderly or economical operation of the Company's business. None of these enumerated rights shall be exercised for the purpose of circumventing the collective bargaining agreement.

The Union recognizes that it is the function and right of the management to exercise its own judgment and discretion in developing processes which meet the standards of Government requirements and customer acceptance, to meet competition, in order that its business and jobs and wages be protected.

ARTICLE 7- SUBCONTRACTING

The Company agrees not to subcontract bargaining unit work for the purpose of terminating bargaining unit employees or inhibiting bargaining unit growth. The Company may, however, subcontract where necessary due to a lack of plant or equipment capacity, equipment breakdown, fire, flood or similar cause.

ARTICLE 8 - UNION SECURITY

A. All present employees on the effective date of this Agreement shall remain members of the Union in good standing or pay an amount equivalent to the Union dues. All employees who are hired on and after 1 April 1999 into the Bargaining Unit shall become and remain members in good standing in the Union or pay an amount equivalent to the Union dues on and after the 31' day following the date of employment. This money is to pay the Union's cost of representing employees for the purpose of collective bargaining and this authorization is not conditioned on present or future membership in the Union.

The Company understands that due to a court ruling, NASA Wallops Island is no longer considered an Exclusive Federal Enclave. Due to this ruling Section

"A" can no longer be enforced and if in the future such ruling is reversed, the aforementioned language shall be reinstated without being subject to negotiation.

B. The Company agrees to deduct Union dues and/or service fees levied by the International Association of Machinists and Aerospace Workers in accordance with the Constitution and Bylaws of the Union from the pay of each employee who is or who makes application to become a member of the Union or pay a service fee within the scope of the Bargaining Unit as covered by this Agreement and who in writing, in accordance with the "Authorization of Check off of Dues" form set forth in this Agreement has authorized the Company to do so.

C. The Union agrees to indemnify and hold the Company harmless against any and all claims, demands, suits, costs, and/or other forms of liability and expenses that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any provisions of this Article or in reliance upon any list, notice, or assignment furnished by the Union under such provision.

D. The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, judgments and/or judicial or administrative orders of any governmental agency or any other forms of liability or costs and/or expenses that may arise out of, or by reason of, the Company's complying with any demands of the Union for any information concerning any Bargaining Unit employee of the Company where such information is, either by common law and/or Federal, State or local decision or policy or administrative order, protected and/or privileged.

E. Notwithstanding the above provisions, should a court of competent jurisdiction determine that the NASA installation at Wallops Flight Facility, Virginia, is not an exclusive Federal jurisdiction enclave, the provisions of this Article paragraphs A, B, C, and D shall be null and void.

ARTICLE 9 — CHECK-OFF

A. Upon delivery to the Company of a written request and authorization for such deduction, signed by the individual employee, and in accordance with the terms of this Agreement, the Company will, during the term of this Agreement and any extension or renewal thereof, deduct from his/her pay each month his/her dues or service fee, including initiation fee, if any, in the amount fixed pursuant to the Constitution and By-Laws of the Union and remit same to the address provided by the Union not later than thirty (30) days after the last day of the month. The form and condition of such authorization for deductions of dues is provided as an attachment to this agreement.

B. The union agrees to hold the Company harmless from any and all liability to which it may be subjected as a result of its recognizing and honoring the check-off system provided herein.

ARTICLE 10 - PROBATIONARY PERIOD

A. Each new employee shall undergo a probationary period of ninety (90) days.

An employee during the probationary period, shall be subject to layoff, discharge or discipline at the sole discretion of the Company and its actions shall not be subject to the grievance or arbitration provisions of this Agreement.

The probationary period may be extended for a maximum of thirty (30) days for good and sufficient reason. In the event such period is extended, the employee and the Union Steward will be advised as to the reasons for such extension.

B. Upon satisfactory completion of the probationary period, the employee shall become a regular employee with seniority, vacation and sick leave entitlements calculated from the date of hire.

ARTICLE 11— 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 be no strikes, sympathy strikes, sit downs, slowdowns, work stoppages, boycotts, picketing, or any other interference with the operations of the Company, directly or indirectly for any reason, and that no officer, agent, representative or member of the Union shall ever authorize, call, instigate, aide, condone or acquiesce in any of such actions and that no employee covered by the Agreement shall participate in any of such action.

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

C. For pandemic and government furloughs or under any circumstances that warrant a shutdown of this base, it is understood that the closure will be treated as unavailable government workspace and all NSROC employees will be paid eight hours per day and up to 40 hours per week at the employee’s hourly wage and include all benefits, if the Company is reimbursed by the government.

ARTICLE 12 - NON-BARGAINING UNIT EMPLOYEES WORKING

Except as specifically provided in the Company's contract with NASA, the Company will take such actions as within its prerogative to ensure that personnel who are excluded from the Bargaining Unit shall not perform work of any kind or nature normally and historically performed by Bargaining Unit employees.

ARTICLE 13 - SUPERVISION

The Supervisor of all assigned personnel shall be defined in the NSROC organization chart as published by the Program Office.

ARTICLE 14 — 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 such safety equipment as may be required and provided by the Company. Protective clothing and safety equipment furnished by the Company remain the property of the Company and each employee shall be responsible for proper use thereof.

The Company agrees to reimburse each employee, required to wear safety shoes, $150.00 annually for the purchase of approved safety shoes. Further, it is agreed that the Company will reimburse employees up to $175.00 toward the purchase of prescription safety glasses if the employees' job requires the wearing of safety glasses and he/she meets one of the following conditions:

(I) The employee's prescription changes; or (2) the employee requires new safety glasses due to job-inflicted damage. Bona fide written confirmation of a prescription change must be presented upon a request for reimbursement.

This reimbursement will be made no more than annually. Nonprescription safety glasses will be furnished by the Company upon request.

The Company shall not authorize reimbursement for any clothing or equipment purchased by the employee without prior authorization by the Company.

The Company shall allot time and payment for a yearly environmental physical for employees working in Hazardous Environments. Those areas covered under this provision shall be identified by the Safety Committee.

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

C. 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 may be required to take such medical examinations as may be directed by the Company, to determine whether the employee qualified for his/her position and whether any potential employee to perform the essentials functions the position. The Company shall pay for each such examination. The Company may, at the Company's expense, under a physician(s) of its own choosing, independently verify the employee's physical or mental condition, as reported to the Company by the physician initially selected by the employee for such medical examination.

1. 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 employee and the Union for the purpose of endeavoring to agree on reasonable accommodation or reassignment of the employee to available work for which he is qualified and for which a qualified medical professional has evaluated the employee and certified him fit to perform all job requirements.

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

D. The Union Steward shall be a member of any Company Safety Committee designated to investigate personal accidents, injuries and/or unsafe conditions.

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

F. 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.

G. Employees are expected to report all work-related injuries as soon as possible, and within 72 hours of becoming aware of the injury.

H. At the beginning of each NSROC contract being performed by the Company, employees who will be sent to areas of extreme cold weather conditions will be provided a one-time cold weather gear allowance of $450.

ARTICLE 15 — HOURS OF WORK

A. Unless expressly provided for in this Agreement, no provision of the Agreement shall be construed as a guarantee of any specified numbers of hours of work either per day or per week, or of hours in excess of the normal workday or workweek.

B. Eight (8) consecutive hours, exclusive of a lunch period of no less than thirty

(30) minutes or more than one (1) hour shall constitute a standard work shift.

1. All shifts beginning between 6 A.M. through 8 A.M., inclusive, shall be considered Day Shift. a. The 6:00 A.M. through 8:00 A.M. to 2:30 P.M.

and 4:30 P.M. shifts, respectively, are the current established Day Shift.

The Company shall have the right to make adjustments to the normal workday and shifts based on mission needs.

2. All shifts starting after 2:00 P.M. shall be considered Middle Shift.

3. All shifts at or after 10:00 P.M. shall be considered Night Shift.

C. Except as otherwise provided for in this Agreement, the normal workday shall consist of eight (8) hours per day and the normal work week shall consist of forty (40) hours of work per week Monday through Friday. It is recognized and agreed that the standard payroll week shall be from 0001 Saturday to Friday midnight. If an employee is scheduled and reports to support a launch at Wallops Flight Facility and that launch opportunity is subsequently cancelled, the employee will receive a maximum of eight (8) hours for that day.

D. Any employee, in the absence of notice not to report for work, who reports for work on his regular shift and for whom there is no work available shall, except when such lack of work is due to an Act of God, sabotage, national emergency, strike or picketing of Company's premises or other circumstances beyond the control of the Company, receive a minimum of four (4) hours pay at his straight time base rate. Such paid hours not worked shall not be considered as time worked for purposes of computing overtime.

E. When an employee covered by this Agreement has completed an eight (8) hour work shift and has been relieved for the day, or when an employee is on one of his regularly scheduled days off, and is recalled to work, he shall be guaranteed a minimum of four (4) hours work, or pay in lieu thereof, at his applicable rate of pay. Hours not worked but paid in lieu thereof shall not be considered as time worked for purposes of computing overtime. Nothing in this Agreement, however, shall be construed to guarantee any specific number of hours of work, or pay in lieu thereof, to any employee who is required to perform overtime work connected to his regularly scheduled shift hours.

F. Employees shall be granted a grace period of six (6) minutes in which to clock in, at the beginning of the Shift, during which no employee shall be denied pay. In this connection, it is agreed and understood that abuse of this privilege shall be a valid basis for appropriate disciplinary action, including denial of rights to the grace period.

G. Employees are allotted thirty (30) minutes for lunch, as designated by the employees' supervisor (typically 12:00-12:30 PM, unless prohibited by work requirements). Employees may utilize 15 minutes prior to lunch to shut down equipment, organize the work area, or cleanup for lunch.

H. Employees are allowed a 15-minute break in the morning (7AM-11AM) and a 15 minute break in the afternoon (1PM- 4:30PM). This time can be utilized at the employee's discretion in consideration of work requirements. This time cannot be "banked" and utilized other than as indicated. Breaks in excess of this allocation are subject to disciplinary action. The provisions of this Section H will be effective July 1, 2002.

ARTICLE 16 - 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 their Supervisor. Unauthorized absences shall subject employees to appropriate disciplinary action. Other than absences related to illness, injury or other reasons not within the employee’s control, requests to be absent from work must be submitted to an employee’s supervisor in advance. Required number of days in advance must be equal to or more than the number of days requested.

B. It is the duty of every employee who, for any reason, is unable to report to work as scheduled, or who expects to report for work late, to notify their Supervisor of the reasons therefore, indicating when he expects to report for work. Employees absent will make every reasonable effort to notify their

Supervisor, or his designated representative, within one (1) hour after their scheduled starting time.

C. Employees may be granted any necessary time off with pay, but up 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 17 -LEAVE OF ABSENCE

A. Personal - To the extent permitted by workload commitments, any employee covered by this Agreement will be granted a leave of absence, without pay, for a period not to exceed thirty (30) calendar days.

When circumstances permit, applications in writing for such leave of absence, stating the reasons therefore, must be submitted to the Program Manager not less than two (2) calendar weeks prior to the first work day of such requested leave.

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 hereafter 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 ten (10) days and the Company will pay the difference between military reserve duty pay and employee's regular base pay provided the employee has completed twelve (12) months of employment. Employees must present the Contract Manager a copy of military orders or other certification stipulating the period of service and submit certification as to military pay and allowance.

D. Funeral Leave - Permanent full-time employees will be allowed time off in the event of a death in their immediate family for a maximum of three (3) work days. Pay for such time off will be at the employee's straight time rate.

Such paid absence time will be considered as time worked for the purposes of computing overtime. For purposes of this section, family shall be defined as spouse, children, step-children, parents, stepparents, father-in-law, mother-in-law, brothers, sisters, half brothers, half sisters, brothers-in-law, sisters-in-law, daughters-in-law, sons-in-law, grandparents, grandparents of spouse and grandchildren (whether of natural relationship or legally adopted or under legal guardianship of the employee).

E. Jury Service - When an employee is necessarily absent from his 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 shall be granted pay for those hours during which he is necessarily absent from his regular work shift, less any fee or other compensation paid to him by the court for such service.

1. Pay for such time 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 regularly 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 the time lost shall not, for any employee, exceed a total of sixty

(60) regular eight (8) hour workdays in any one (1) calendar year, less any fee or other compensation paid to him by the court for such service.

3. To be eligible for payment of jury service pay, an employee must notify his Supervisor no later than the completion of his regular work shift next following receipt by him of such notice or summons. Further, he shall be ineligible to receive jury service pay until such time as he 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 therefore by the court, exclusive of transportation allowances.

F. Union Business Leave — Upon furnishing the Company reasonable advance notice, wherever possible two (2) weeks, employees may be granted leave of absence without pay for the purpose of Union business other than organization activities. Such leave is limited to forty-five (45) calendar days within a one-year period, but the Company will give consideration for an extension, if required, upon written request to the Company.

Such leaves will be limited to two (2) employees at any given time and further limited to one (1) leave per month. The Company shall be under no obligation to any employee on Union business leave. Such employees may exercise seniority rights to return to their form position. During leaves of forty-five

(45) days or less employees shall retain, and continue to accrue seniority.

G. Family Member Leave — Family Medical Leave may be granted to employees who have worked for the Company for at least 12 months and at least 1250 hours in the last 12-month period. Family Medical Leave may be granted for a period of up to 12 workweeks annually for any or all of the following reasons; 1) because of the birth of a child or the placement of a child for adoption or foster care; 2) because the employee is needed to care for a family member (i.e., child, spouse, or parent) with a serious health condition, or 3) because the employee's own serious health condition makes the employee unable to perform the duties of his/her classification. The employee must provide such documentation as required by the Company for determination of the employee's eligibility for Family Medical Leave.

An employee approved by the Company for Family Medical Leave has the option to take unpaid leave, or paid leave if it has been accrued. The Company also has the right to require employees to use paid leave concurrently with the use of leave under the FMLA, but employees will not be required to utilize PTO and exhaust their PTO balance below forty (40) hours. Employees will be allowed to use PTO concurrently with Short Term Disability to accomplish a full 40 hours pay.

Employees on Family Medical Leave will retain and continue to accrue seniority.

H. Medical Leave Without Pay — In the event that an employee is ineligible for FMLA leave, or has exhausted such leave, the employee may request a Medical Leave of Absence Without Pay for up to thirty (30) calendar days and such leave may, upon request, be extended for up to a total of twelve consecutive months upon presentation of a physician's statement, verifying the employee is unable to perform his/her duties because of occupational or non-occupational sickness, injury, pregnancy, childbirth, or related conditions.

I. A certificate of disability from the attending physician is required every thirty days from the date the medical leave commenced. Any failure on the part of the employee to provide a continuing certificate of disability may be considered a resignation, as determined by the employee's supervisor and the cognizant Director/Manager of Human Resources.

An employee returning from an approved Medical Leave of Absence must furnish a physician's statement releasing the employee to return to work.

ARTICLE 18 — WAGE RULES

A. The rate ranges set forth in Schedule 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 Schedule A is created, the wage rate therefor, shall be determined by negotiation between the Company and the Business Representative of the Union.

C. There will be bi-weekly paydays in accordance with the Company published payday schedule. Employees not electing direct deposit will receive their paycheck through the U.S. mail at their address of record.

D. In the event an employee's pay is interrupted significantly, due to a payroll error and by no fault of the employee, the Company will issue an out of cycle check within two business days of the employee notifying payroll and the business unit human resources representative of the error.

ARTICLE 19 - JOB CLASSIFICATIONS

A. Job classifications covered hereby shall be those job classifications specifically enumerated, in Appendix A. The Union shall be provided a copy of each job classification listed within 30 days of the Ratification of the Collective Bargaining Agreement. Should any changes to the current job classification happen during the life of this contract, the Union shall be provided a copy of the new position description.

B. There will be a minimum of two work leader positions assigned to the manufacturing activity on the NSROC contract. At least one of these positions will be assigned to the machine shop and at least one assigned to the electrical shop. These work leaders will be selected by management and will be responsible for coordinating the work force assigned to his/her unit under the direction of the area shop supervisor.

1. The work leader will be responsible for the planning and layout of the work in his/her unit. The work leader will also be responsible for providing technical assistance to the employees in his/her unit and monitoring their work.

2. The work leaders shall not be responsible for effecting discipline, promotions, demotions and hiring, nor effectively recommending such actions.

ARTICLE 20 - OVERTIME

A. The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.

B. It is recognized and agreed from time to time overtime work may be necessary, and provided reasonable advance notice is given (except in emergency situations, not later than noon Friday when the overtime involves Saturday or Sunday work, not later than the end of the regular shift on the day preceding the day on which the overtime is to be worked when the overtime involves the extension of a shift) the Employer may assign employees to work overtime. Such assignments are to be made in a fair and equitable manner, based on the employees' classification; knowledge, skills and ability; function;

machine category or mission assignment. The Company will in good faith consider requests from employees to be excused from overtime assignments due to extenuating personal circumstances.

C. The Company agrees to maintain records of all bargaining unit overtime work.

All overtime assignments shall be offered first to the employee with the knowledge, skills and ability with the least overtime recorded in the classification; function; machine category or mission assignment. Overtime records shall be made available upon request to the Union steward or business representative for inspection to resolve specific complaints with respect thereto.

D. Employees who are properly notified and decline to work overtime offered shall be charged the number of overtime hours declined for distribution purposes. Employees on personal leave for periods not exceeding two (2) weeks shall not be charged with having declined overtime. Employees on personal leave, for periods in excess of two (2) weeks shall be charged the average number of hours worked by all employees within the classification during the entire absence.

E. Employees entering the Unit after an overtime list has been established for the particular classification will be credited with the average overtime worked to date in that classification. Effective 1 April 1999, the overtime account of each employee will be considered as having a zero balance.

F. Nothing in this contract shall be construed as requiring the Company to assign employees to work beyond the regular workday, including to oversee operations or processes started during the normal workday, or to call in employees for overtime work.

G. In addition to regular straight time pay, overtime pay shall be paid as follows:

1. At fifty percent (50%) of the employee's hourly rate for all hours worked in excess of eight (8) hours in any regularly scheduled workday.

2. Overtime hours worked in excess of forty (40) hours in a workweek shall be paid at time and one-half the employee’s regular rate of pay if worked on Saturday, and at double time if worked on a Sunday.

H. No overtime shall be worked except by the direction and/or concurrence of the immediate Supervisor.

I. There shall be no pyramiding of overtime and/or other premium payments.

J. No specific employee will be required to work overtime if there is no transportation home available, unless and emergency situation beyond the control of the Company exists.

ARTICLE 21— HOLIDAYS

A. The following days are designated as holidays: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, and Labor Day, Veteran's Day, Thanksgiving Day, Columbus Day, Christmas Day, and Juneteenth. In addition, any other day set by Presidential Proclamation or other administrative order or an Act of Congress as a day to be observed as a holiday will be provided as a paid day off if the applicable NASA Contracting Officer approves the Company's shut down of operations and agrees to reimburse the Company for the cost associated with granting Company employees the day off with pay. If the Contracting Officer mandates that the Company continue operations and/or denies reimbursement for the holiday, the Company will follow a liberal leave policy and allow employees to use PTO.

B. Should any of the above holidays fall on Saturday or Sunday, the Company will observe as the holiday the preceding Friday or following Monday.

C. Employees who are absent in excess of four (4) hours without good cause and without notifying the Company on either the normally scheduled work day prior to or after the holiday are not eligible to receive holiday pay. Employees on leave of absence do not qualify for holiday pay.

D. Unless otherwise excepted by this Agreement eligible employees shall receive, as holiday pay, eight (8) hours pay, exclusive of all premiums, at the straight time base rate.

E. Holiday work shall be treated as overtime work for assignment and distribution purposes. When an employee is required to work on a holiday, in addition to holiday pay provided in Paragraph D, above, he shall receive one-hundred-fifty percent (150%) of his straight time base rate of pay for all hours worked.

ARTICLE 22 -PTO/PERSONAL TIME OFF

Paid Time Off begins accruing from the employee's start date and accrues through termination date.

Employees' PTO is provided according to the following eligibility. Employees are allowed to carry over two (2) times each individual's maximum accrual rate of PTO per year.

Annual Maximum Accrual 120 Hours 160 Hours 200 Hours

Vacation Eligibility Less than 5 years of Service 5 years to 10 years of Service More than 10 years of Service

Any amount of the individual employee's PTO leave balance that is over half of the individual's maximum accrual rate may be cashed out. Prior to the end of each pay period, the employee shall have the option of selling back to the Company PTO leave in a minimum of forty (40) hour increments. In the event of a contract change resulting in a new employer, employees will have the option of taking up to eighty

(80) hours of Leave Without Pay (LWOP) during the first twelve (12) months of the new contract. The "cash out" may be in the form of either direct deposit or a check as elected by the employee.

ARTICLE 23 - HEALTH AND WELFARE INSURANCE

Company shall offer the same Health and Welfare insurance options under this Agreement as it offers to the rest of the company. The parties acknowledge and agree the Company has the exclusive right to change the carriers and providers for such insurance coverage and to amend and revise the terms and conditions of such insurance coverage. The Company and the employee will share the premiums 75%/25% respectively. Employee shall enroll during the open enrollment period for the Company which is on or about April-May to be effective on May 31st of each plan year. As part of the open enrollment process, Company will provide the Union with appropriate documentation reflecting any premium increase or plan changes.

The parties agree that the Open Enrollment period may be changed to coordinate enrollment among the Companies signatory to this Agreement, and will provide the Union and employees with advance notice of doing so.

ARTICLE 24 - SENIORITY

A. 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.

B. The Company shall furnish the Union each six (6) months with an accurate seniority list of all employees in the Bargaining Unit. Such list is to include the name, classification, latest date of hire, wage rate, and home address of record of each employee. The Company will provide the Seniority List to the District Office provided the Seniority List is treated as Company Proprietary.

C. Classification seniority shall mean the length of accumulated service within a classification.

D. In administering this Agreement, the principle of seniority, classification and bargaining unit, in that order, shall be the determining factor in effecting layoffs, recalls promotions, demotions and in respect to other working conditions where specifically stated in this Agreement.

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

1. An employee quits.

2. An employee is discharged.

3. An employee fails to return to work within five (5) days of notice of recall given by the Company by registered or certified mail.

4. An employee is absent for three (3) days without previously notifying the

Company except in extenuating medical circumstances.

5. An employee overstays a leave of absence without notifying the

Company, except in case of extenuating medical circumstances.

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

7. An employee gives false reasons for obtaining 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 or is absent because of sickness or injury or similar cause for more than twelve (12) months.

F. The seniority of employees promoted or assigned to jobs outside of the Bargaining Unit shall be frozen at the level obtained at the time of such transfer or promotion. In the event such employee returns to the Bargaining Unit within one (1) year he shall be entitled to whatever rights and privileges his accumulated seniority as of the time of promotion or transfer out of the Bargaining Unit would entitle him without prejudice.

G. For the purpose of initial establishment of each employee's classification seniority, it is agreed that each employee shall be credited with classification seniority, equal to his Company seniority, within the classification such employee is working on the date of signing this Agreement and no other. All employees entering a different or new classification after this date shall have their classification seniority started on the date of entry into such classification.

H. In making assignments to a permanent job vacancy or a new job notice of any such vacancy or new job shall be posted on the bulletin board for five (5) days (during which time the vacancy shall be considered temporary). The Company, at the end of such time period, shall consider those employees who have submitted a bid notice (the form and content of which the parties shall mutually agree upon) and consistent with the needs of the Company, shall assign the senior qualified employee.

1. In the event no employee signs such a bid notice for a job opening, it is agreed and understood that the Company may hire a new employee for such a job. Any employee who is awarded a job opening is expected to be qualified to perform the tasks of such job following initial break-in instructions and guidance from supervision.

I. Apprentice Seniority — Seniority shall be applied to the employees in the Apprentice Program in the manner prescribed by the agreement with the Virginia Apprenticeship Council. In the event it becomes necessary to lay-off journeypersons, apprentices may be laid-off in the commensurate ratio of apprentices to journey persons in the craft. However, any apprentice laid-off shall be reinstated in the seniority standing before any new apprentices shall be hired.

J. Employees assigned or transferred pursuant to this Article shall be given thirty (30) workdays in which to prove they are capable of performing the duties of the new job in a satisfactory manner. In the event such employees do not satisfactory meet the requirements of the new job, they shall be returned to their prior position or its equivalent without prejudice. Any employee, upon request, shall be advised in the presence of his Union Representative of the specific reasons for not meeting the requirements of the job and disputes arising therefrom shall be subject to the grievance procedure.

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 six (6) months.

K. When a reduction of working forces becomes necessary in the Company's judgment, employees shall be retained by the Company in accordance with the principles of Paragraph D, according to the number of employees the Company determines is necessary within each classification for the reduced operations contemplated by the Company. Recall of employees shall be accomplished by the same procedure in reverse. An employee promoted and later demoted to a job classification assigned a lower rate shall receive the rate of the lower job classification.

L. Any employee with a particular job classification who is affected by a layoff within his classification may bump, based only on bargaining unit seniority, any less senior employee in any like or lower rated classification, but only if qualified to perform the work within such classification.

M. An employee who is effected by reduction in force shall receive a separation allowance for credited years of service with the Sounding Rocket Program, provided that an employee will not receive any separation allowance if the employee is offered a position with a successor contractor; and further provided that if an employee received an offer for a position with a successor contractor after the employee has received a separation allowance, employee will agree to pay back to the Company a pro rata share of the separation allowance; and further provided that the employee's signing of a Confidential Separation Agreement and General Release is a condition of receiving any separation allowance. The following identifies just the allowances allowed:

Less than two (2) years 2 to 3 years 3 to 4 years 4 through 9 years 10 through 14 years 15 years and more

2 weeks base pay 3 weeks base pay 4 weeks base pay 5 weeks base pay 7 weeks base pay 8 weeks base pay

ARTICLE 25 - GRIEVANCE AND ARBITRATION

A. It is the intent of this Article to establish means for prompt adjustment of working problems and personal grievances at the job level by a conference between the Supervisor and the employee involve, provided a Union Representative has been given an opportunity to be present. 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 the purposes of this Article, a formal grievance under the Agreement is defined as a written statement by the Union, and individual employee, or group of employees (hereinafter 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 with the employee's knowledge, which have occurred more than ten (10) working days before such grievance is filed. Both parties agree to exert an earnest effort to settle such grievance promptly through the following steps:

STEP1 The employee involved shall first confer with the Supervisor or his designated representative in order to amicably settle the matter, provided a Union Representative has been given an opportunity to be present. Any and all grievances shall be handled without any unnecessary interruption or cessation of work.

STEP 2 Should the grievance not be satisfactorily settled by the discussion outlined in STEP I above, the Union shall submit the grievance in writing to the Contract Manager with five (5) working days…