RFP Atch 13 - Kirtland 2023 thru 2026 CBA Final.pdf

COLLECTIVE BARGAINING AGREEMENT

By and Between and

International Brotherhood of Teamsters

Local 492

Kirtland Air Force Base, New Mexico

Effective April 1, 2023 through March 31, 2026

Ratified: February 2, 2023 i

Table of Contents

Preamble Article 1 – Recognition Article 2 – Union Membership Article 3 – Management Rights Article 4 – Successors Article 5 – No Strike/No Lockout Article 6 – Seniority Article 7 – Filling Job Vacancies Article 8 – Layoff and Recall Article 9 – General Discharge or Suspension Article 10 – Grievance and Arbitration Article 11 – General Provisions Article 12 – Shop Steward Article 13 – Military Clause Article 14 – Hours of Service Article 15 – Holidays Article 16 – Sick Leave Article 17 – Funeral Leave Article 18 – Jury Duty Article 19 – Vacation Article 20 – Pension, Health & Welfare Article 21 – Savings Clause Article 22 – Duration and Signature Page Addendum #1 – Wage Table Addendum #2 – Job Descriptions

PREAMBLE

THIS AGREEMENT is entered into by and between TUNISTA SERVICES, LLC (TSL), TUNISTA LOGISTICS SOLUTIONS, LLC (TLS) and TUNISTA OPERATIONS SUPPORT SERVICES, LLC (TOSS), Kirtland Air Force Base, Albuquerque, New Mexico (hereinafter referred to as the "Employer" or "Company"), and CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 492, affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS (hereinafter referred to as the "Union").

ARTICLE 1 - RECOGNITION

The Employer recognizes the Union as the exclusive bargaining representative for all employees in the classifications herein. The agreed to unit includes all Computer Operators, Shipping and Receiving Clerks, Stock Clerks, Supply Technicians, Material Coordinators, Truck Drivers, Secretaries, Personal Computer Support Technicians, Quality Control Inspectors and Warehouse Specialists, employed by the Employer on the Supply Services Contract at Kirtland Air Force Base, Albuquerque, New Mexico. Excluded are all other employees, and supervisors as defined by the Act.

Work historically performed or afterward assigned to the bargaining unit will remain with the unit and will not be diverted, transferred, leased, assigned, subcontracted or conveyed, in whole or in part, to any other facility, by the Company. Additions to the work force, including new classifications, will become covered unit employees by a Memorandum of Agreement and after negotiated salaries are accepted by both parties. Anything outside the control of the Company will be exempt from this provision

ARTICLE 2 – UNION MEMBERSHIP

SECTION 1 - Condition of Employment It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing, and those who are not members on the effective date of this Agreement, shall on the thirty-first (31st) day following the effective date of this Agreement, become and thereafter remain members in good standing of the Union. It shall also be a condition of employment that all employees covered by this Agreement, hired on or after its effective date, shall on the thirty- first (31st) day following the beginning of such employment, become and thereafter remain members in good standing of the Union.

SECTION 2 - Notification The Company agrees to send an updated roster and also notify the Union of all new employees hired and all employees leaving, both on a monthly basis. The Union shall be notified by fax or e-mail of any employees who are laid off or discharged within twenty-four (24) hours.

SECTION 3 - Check Off The Company agrees to deduct from the employee's wages, dues and initiation fees payable to the Union upon receiving written authorization from employees who authorize such deductions, commencing for the month in which the Company receives such written authority. The Company shall forward any and all amounts so deducted to the Union by the twenty-fifth (25th) of the month in which said amounts are billed. The Union shall indemnify, defend, save and hold the Company harmless against any and all demands, suits, claims or other forms of liability that shall arise out of, or result from any action taken by the Company for the purpose of complying with the provisions of this section.

SECTITON 4 – Drive The Employer agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE. DRIVE shall notify the Employer of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The Employer shall transmit to DRIVE National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s social security number and the amount deducted from that employee’s paycheck. The International Brotherhood of Teamsters shall reimburse the Employer annually for the Employer’s actual cost for the expenses incurred in administering the weekly payroll deduction plan.

SECTION 5 - Bulletin Boards The Union will provide a bulletin board in each building for the exclusive use of the Union.

Postings by the Union on such boards are to be confined to official business of the Union, and shall in no way contain anything derogatory to the Company or to any individual.

SECTION 6 - Union Access Upon advance notice, authorized representatives of the Union will be given access to the Employer's establishment for the purpose of investigating and handling grievances; provided that, such advance notice shall be provided in writing or by telephone to the Employer representative.

Any such meeting with bargaining unit members shall be held in non-work areas, including break rooms, and at non- work times. In this connection, the Union agrees to furnish the Employer with the names of authorized representatives for the purpose of this Article and only those persons shall be given access to the Employer's premises.

SECTION 7 - Non-Discrimination The Employer and the Union agree to conform to all applicable laws with respect to discrimination and employment. The words "He" and "His" for the purpose of this Agreement shall be considered gender neutral and apply to and mean both female and male employees.

ARTICLE 3 – MANAGEMENT RIGHTS

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 and to meet competition, in order that its business and jobs and wages be protected.

The exercise of such right does not require any prior discussion or negotiation with the Union.

Except as otherwise provided for and subject to the provisions of this Agreement, Management's Rights include but are not limited to the following:

• To direct, control, move, transfer or change locations of all or part of the operations and schedule its operations and work force.

• To make all decisions affecting the business including the determination of work to be performed, job content, the employee's performance and methods to be employed.

• To hire, promote, demote, layoff, assign, direct, classify, evaluate and transfer employees.

And to increase or decrease the work force.

• To discipline, demote, suspend, discharge and terminate employees, for just cause.

• To select the number assigned to any particular work.

• To determine the starting and quitting times and the number of hours per day and the shift to be worked.

• To establish, modify, and enforce quality and work standards, rules and regulations that are not in direct conflict with the express provisions of the Agreement.

• Pay additional compensation and determine the amount paid to employees over and above the hourly wage rate agreed to herein.

• To select and hire employees, to introduce new improved or different methods of operations which may cause a reduction in the work force.

• To establish, change or combine job classifications.

• To determine job qualifications per the job descriptions found in Addendum #2 of this

Agreement.

The execution of this agreement shall not create any vested rights in the employees of the Employer, and all rights not specifically relinquished by the Employer in this Agreement, shall remain the Employer's. However, any proposed Employer action which would result in a major change in the terms and conditions of employment of any bargaining unit employees becomes a mandatory subject of bargaining.

ARTICLE 4 – SUCCESSORS

The Employer's obligations under this Agreement shall be binding upon its successors, administrators, executors and assignees. The Employer agrees that the obligations of this Agreement shall be included in the agreement of sale or transfer of assignment of the business.

In the event an entire active or inactive operation, or a portion thereof, or rights only, are sold, leased, transferred or taken over by sale, transfer, lease, assignment, receivership or bankruptcy proceedings, such operation or use of rights shall continue to be subject to the terms and conditions of this Agreement for the life thereof. Seniority of employees shall not be broken by any change of Employer.

ARTICLE 5 – NO STRIKE / NO LOCKOUT

The parties agree that all grievances and questions of interpretation arising from the provisions of this Agreement shall be submitted to the grievance procedure for determination. Accordingly, no work stoppage, sympathy strike, slowdown, walkout, picketing or other economic activity shall be permitted or authorized during the life of this Agreement. Irrespective of the aforementioned, no employee shall be discriminated against for observing Union rules and principals. The Company will not lockout employees during the life of this agreement. Failure of either party to adhere to an Arbitrators' decision, not currently under appeal in a court of competent jurisdiction, shall be grounds for negating this Section.

ARTICLE 6 – SENIORITY

SECTION I - Seniority List The Company shall prepare a seniority list of all regular employees covered by this Agreement.

The Company shall furnish a copy of this list to the Union on a monthly basis or upon revision.

The seniority list will show each employee's date of hire and if applicable, such employee's seniority date within the classification. Classification seniority shall determine layoffs, recalls, work schedules and vacation selection. Date of hire seniority shall indicate the most recent date of hire as an employee performing covered work in a position falling within the scope of the bargaining unit and shall determine eligibility for new job transfers, vacation accrual and pay progression.

SECTION 2 - Probation Period Every new employee will be a probationary employee for a period of forty-five (45) calendar days from the date of hire and the continued employment of such probationary employee shall be at the exclusive discretion of the Employer. Probationary employees may be terminated with or without cause and probationary employees will have no recourse to the grievance/arbitration procedure. Seniority shall be accrued during the probationary period but shall not be acquired until completion of such probationary period.

SECTION 3 - Loss of Seniority An employee shall lose all seniority and his name shall be removed from the seniority list upon occurrence of any of the following events:

• Voluntary resignation or retirement from the Company;

• Discharge for just cause;

• Non-work related illness or disability or layoff for a continuous period of time in excess of twelve (12) months;

• Transfers to a non-bargaining unit position.

ARTICLE 7 – FILLING JOB VACANCIES

All job vacancies which occur, within a classification, of more than thirty (30) days anticipated duration, will be posted for bid, conspicuously in areas where all employees have access, for a period of four (4) business days. In the event a permanent job vacancy is filled due to a disability, the employee on disability will have the right to return to his original position in accordance with Article VI above. The employee filling the vacancy will likewise return to his original position or exercise his seniority elsewhere.

Each job vacancy posting will state the number of jobs to be filled, the classification, job category, work week, shift, starting times and days off involved. The posting will also list the qualifications necessary to adequately perform the job, the name of the individual to whom all bids must be submitted and a final date and time after which bids will no longer be accepted.

To enhance promotional opportunities for current employees, the Company will provide both Air Force Materiel Management Computer-Based Career Development Courses (CDCs) and on-the-job training for current, non-probationary employees with pre-requisite skill sets, by seniority amongst those employees interested in available training. Employees, while in on-the-job training, will retain their current hourly wage and there will be no increased/up-pay for employees providing training to their fellow members.

At the conclusion of trainings, a pre-requisite written competency exam, based on the CDCs and practical evaluation, conducted by management and QCI personnel of on-the-job experience will be administered and considered qualifications as part of the hiring process for internal vacancies when they become available. Any employee failing the written and practical competency exam with a score of 69% or less will be allowed to re-test within 15 calendar days. In filling jobs under the bidding procedure provided herein, if the minimum qualifications based on both CDCs and on-the-job training of the employees bidding, interviewing and testing for competency in the position are essentially equal, seniority will govern. In the event a vacancy is posted and no employees meeting the minimum qualifications bid in accordance with the above procedures, the Company may then fill the vacancy in accordance with its hiring practices.

An employee shall have the right to challenge the selection through the grievance and arbitration procedure.

To enhance the Company’s hiring capabilities for entry level positions and speed up any processes to meet the obligations of the contract, the Company may post vacancies externally but shall give precedence to internal applicant(s).

ARTICLE 8 – LAYOFF AND RECALL

Should any layoff be necessary in any classification and there are no employees classified as probationary employees within the classification, then the last permanent employee hired in the classification will be the first person laid-off and so on. Any employee being laid-off will be given ten (10) workdays written notice or pay in lieu thereof. In the event layoff is due to replacement of the current bid holder, the above ten (10) day provision will not apply. An employee receiving proper notice of layoff may at his option, accept layoff, or within the next three (3) working days may exercise his seniority to bump any junior employee assigned to a classification for which the bumping employee is qualified to work.

Re-employment and/or recall to the classification will be accomplished in seniority order among all employees that were laid-off or bumped from such classification. The Company will give notice in writing, to the employee’s last known address, and the employee must report within seven (7) calendar days of such notice or within fourteen (14) calendar days if gainfully employed elsewhere.

Recall rights to a classification for employees actively working will continue indefinitely.

ARTICLE 9 – GENERAL DISCHARGE OR SUSPENSION

Section 1 – Cause for Discharge or Suspension The Employer shall not discharge or suspend any employee without just cause, which will include a thorough investigation of the facts, but in respect to discharge or suspension shall give at least one (1) written notice of the complaint against said employee, with a copy to the Union; except that no prior written warning notice need be given to an employee before he is suspended or discharged if the cause of such suspension or discharge is:

(a) Dishonesty such as falsifying Company or government documentation/records

(b) Impairment (i.e. due to drunkenness, use of federally illegal or illicit drugs or use of or on prescription medication not specifically prescribed to an individual) while on duty

(c) Selling, transporting or use of illegal narcotics and/or controlled substances while on duty

(d) Physical assault on an employee or customer

(e) Threatening any employee, management representative or customer in any manner

(f) Willful, wanton or malicious destruction or misuse of the Employer's or Government's property

(g) Three (3) consecutive days of "no call, no show" without justification (i.e. medical condition supported by medical professional) and after three (3) unsuccessful attempts made by the company to contact the employee. Unsuccessful steps will include:

• Day 1=Immediate supervisor attempting to contact employee, verified by a Union representative.

• Day 2=Member of management attempting to contact employee’s last known emergency contact, verified by a union representative.

• Day 3=Wellness check requested and completed by local law enforcement.

*After day three (3) but no later than 48 hours following, should the employee contact management and be able to provide reasonable justification (i .e. traumatic or life threatening event) with supporting justification, management will meet with Union representation and may return employee to their original position.

As the Employer's work site is located on a U.S. Air Force Military Installation, it is understood that the employees are subject to the terms and conditions imposed by Air Force regulations and those of the Base Commander. Employees may be discharged for loss of or being denied a Government required Security Clearance or loss of privileges to use Government provided equipment required in the performance of their work related duties. Any employee barred from access to the base by the Base Commander or the Base Security Police will be discharged.

Section 2 – Warning Notices A warning notice shall not remain in effect for a period of more than nine (9) months from the date of the occurrence which gave rise to such warning notice. Warning notices, to be considered as valid, must be issued within ten (10) days exclusive of Saturday, Sunday and holidays after the occurrence of the violation claimed by the Employer in such warning notice.

Warning letters shall be specific, not general, in nature as to the alleged violation (i.e., time, date, place, and nature of violation).

Section 3 – Discharge or Suspension Discharge or suspension must be by proper written notice to the employee and the Union within ten (10) days exclusive of Saturday, Sunday and Holidays of the occurrence of the violation claimed by the Employer as the basis of the discharge or suspension. Any employee may request an investigation as to his discharge or suspension.

When a suspended employee or a discharged employee is returned to work as a result of a "make whole" arbitration decision, the Employer shall pay the applicable Health and Welfare contributions so that there is no break in coverage. Pension contributions shall not be required on any hours for which the employee did not receive compensation under a grievance or arbitration decision.

Section 4 – Company Rules The Company may establish rules, regulations, and orders that are not in conflict with the terms of this Agreement. The reasonableness of any rule, regulation or order may be challenged through the grievance procedure. Copies of rules, regulations and orders will be posted in work areas and/or individually provided to employees, with a copy to the Union.

ARTICLE 10 – GRIEVANCE AND ARBITRATION

Section 1- Grievances All grievances, claims and disputes shall be submitted to the Company within ten (10) working days (excluding Saturday, Sunday and Holidays) of the occurrence, or discovery of the matter upon which the grievance, claim or dispute is based. Within fifteen (15) days following notice to the Employer of alleged grievance, claim or dispute, representatives of the Employer and representatives of the Union shall get together to consider said grievance, claim or dispute. The aggrieved employee shall have a right to be present at this meeting. If the matter is not settled to the parties’ satisfaction at this meeting, then and in that event, the Union shall have the right to submit the alleged grievance, claim or dispute to arbitration in accordance with the procedure set forth in the following Section of this Article, provided it makes a written request to do so within ten

(10) working days (excluding Saturday, Sunday and Holidays) following said meeting.

Section 2 - Arbitration In the event that an alleged grievance, claim or dispute respecting the interpretation, intent or meaning of this Agreement arises during the life of the Agreement, which cannot be satisfactorily settled through the grievance procedure set out in Section 1 of this Article, the Union shall have the right to submit the matter for final decision to an arbitrator to be chosen as follows: The Employer and the Union shall select an impartial arbitrator within ninety-six (96) hours after the Union's written request to arbitrate has been received by the Employer. Should the Employer and the Union be unable to agree upon an impartial arbitrator within said ninety-six (96) hours; then, and in that event, the impartial arbitrator shall be chosen from a list submitted by the Federal Mediation and Conciliation Service upon the written request of the Employer and the Union.

It is understood and agreed between the parties that the impartial arbitrator constituted as set forth directly above, shall not have the power to add to, subtract from, or modify any of the terms of this Agreement.

The expenses of the impartial arbitrator shall be shared equally between the Employer and the Union. The decision of the impartial arbitrator as constituted above shall be final and binding upon both parties.

ARTICLE 11 – GENERAL PROVISIONS

Section 1- Safety Management has the absolute right and responsibility to establish and maintain a safe and healthy work environment. The Company shall provide protective devices, protective personal equipment and all other equipment necessary for the protection of employees from injury. The Company will reimburse employees up to fifty (50) dollars per year, with receipt, for steel toed boots. All Company vehicles shall be maintained in safe operating condition. In the event an employee is injured on the job and is unable to complete his shift, such employee will be paid for the full shift on the day of the injury.

Section 2 - Physical Examinations and Drug Tests Physical examinations including drug screening when required as a condition of employment or otherwise required by law, shall be paid for time and all costs of such examination shall be borne by the Company.

Section 3 - Supervisors Working Supervisors shall not perform work that is normally performed by members of the bargaining unit except in an emergency or for purposes of training. An emergency shall include a situation when there are not sufficient qualified bargaining unit employees to do the work, but the Company will not utilize this emergency exception to avoid hiring bargaining unit employees.

Section 4 - Maintenance of Standards No employee will suffer a reduction of hourly or weekly rates of pay or working conditions now in effect by the Company as a result of the adoption of this Agreement.

ARTICLE 12 – SHOP STEWARD

Section 1- Notification The Company recognizes and will work with the accredited shop steward(s). The Union agrees to furnish the Company with the name(s) of the shop steward(s). The Company agrees to furnish the Union with a list of its supervisory employees with whom the Union shall deal in the adjustment of grievances. The Union shall notify the Company promptly, in writing, of any change in shop steward(s), and the Company shall notify the Union promptly of any changes in supervisors.

Section 2 – Investigations To facilitate the handling of grievances, the shop steward may from time to time, as need arises, and after notice to his supervisor, advising his supervisor as to the nature of the grievance to be investigated or adjusted, leave his work to investigate or assist in the settlement of grievances arising within his jurisdiction. Time so spent shall be paid for at the employee’s regular rate of pay.

It is understood and agreed that the shop steward has full-time work to perform, and time spent investigating or assisting in the settlement of grievances shall be held to a minimum. Any alleged abuses may be called to the attention of the local representative of the Union, and shall be corrected if necessary.

ARTICLE 13 – MILITARY CLAUSE

Employees in the uniformed services of the United States, as defined by the provisions of the Uniform Services Employment and Reemployment Act (USERRA), Title 38, US Code Chapter 43, shall be granted all rights and privileges provided by USERRA and/or other applicable State and Federal laws. This shall include continuation of health coverage to the extent required by USERRA, and continuation of pension contributions for the employees’ period of service as provided by USERRA. Employees shall be subject to all obligations contained in USERRA which must be satisfied for the employees to be covered by statute.

Military Service Leave shall be approved for the duration of the required military service. Military Reserve Training Leave shall be approved for up to two (2) weeks per year. The Company will supplement the pay for an employee on military leave for up to eighty (80) hours (max) per calendar year. When the employee provides satisfactory verification of military pay, the Company will issue the supplement pay through normal payroll procedures. Any military leave allowed that exceeds eighty (80) hours will be considered leave without pay, but at the employee’s option, this non- supplemented training may be combined with earned paid time off, including paid days from Sick, Catastrophic Sick Bank, Vacation and/or Floating Holidays.

ARTICLE 14 – HOURS OF SERVICE

Section 1- Workday – Workweek The normal workweek shall be forty (40) hours per week consisting of five consecutive eight (8) hour days, subject to mission requirements. All employees shall receive a one (1) hour unpaid meal break during each scheduled workday between the third (3rd) and sixth (6th) hour.

Swing and Mid employees shall work eight (8) consecutive hours inclusive of a meal period but are still on duty and shall not leave the duty location. In addition, employees shall receive a fifteen (15) minute paid break period as close to the midpoint of the first half of their shift as possible and a fifteen (15) minute paid break period as close to the midpoint of the second half of their shift as possible.

All employees are expected to be at their assigned workstations, ready to work on time, at the time specified for the beginning of their shift and to remain at their work station (unless on authorized break or meal) until the end of their shift, or until specifically relieved by their supervisor. Employees on extended absences (more than three [3] days) shall periodically provide updates on their return status to the Company (once per week unless a future return date has been established). All absences shall be considered unexcused except in the following instances:

a. When the employee has requested the time off in advance, in writing, and the Company has granted permission to be absent in writing.

b. When the employee is on approved leave of absence, vacation, bereavement leave, holiday or other form of authorized leave.

c. When the employee notifies the Company at least one (1) hour prior to the start of the employee’s shift that the employee will not be present and then provided the employee offers an acceptable excuse.

Absence due to non-work related illness or injury of three (3) consecutive days or more must be substantiated by a doctor’s slip stating that the employee was seen and exempted from work for a medically verified condition which temporarily incapacitates the employee. The Company may, at its sole discretion, require a doctors’ certification of illness or injury for sick time in excess of the available accrued sick pay balance.

Section 2 – Overtime All hours worked in excess of forty (40) hours per week shall be paid for at the rate of one and one-half (1 ½) times the regular hourly rate. All employees shall also receive double time (2X) for all hours worked on the seventh (7th) consecutive day. Overtime shall not be pyramided.

Section 3 – Overtime Assignments All scheduled overtime shall first be offered by seniority on a voluntary basis to qualified employees. In the event an insufficient number of qualified employees volunteer for such overtime, overtime work will be filled by assigning the necessary number of additional employees in reverse seniority order. The Company agrees to give as much advance notice as possible of the requirement to work overtime. The Company agrees to give reasonable consideration to an employee’s request to be released from overtime in instances of verifiable extreme hardship.

Section 4 - Employees On-Call If the Employer elects to require an employee to be in an on-call status and available for work on the employees regularly scheduled time off, the employee shall be allowed four (4) hours off with pay during the week in which they are in on-call status. In the event of a Monday holiday, the employee will be granted six (6) hours off with pay. If the employee is called into work, the employee will be compensated at the applicable rate of pay for the minimum call-in guarantee of two (2) hours.

ARTICLE 15 – HOLIDAYS

The following shall be paid holidays and compensated at eight (8) hour straight time pay:

New Year's Day Martin Luther King Jr. Day Presidents Day

Memorial Day Juneteenth National Independence Day July 4: Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Two (2) Personal/Floaters

A recognized holiday falling on Saturday or Sunday will be observed on the same day that the Government observes the holiday (Friday or Monday). An employee who works on a holiday shall be paid eight (8) hours straight time holiday pay plus time and one-half (1 & 1/2) for all hours worked. An employee who does not work on a holiday that occurs during his regular workweek shall receive eight (8) hours holiday pay. When the holiday falls outside the employee's normal scheduled workweek or falls during an approved vacation, such employee shall receive eight (8) hours of holiday pay and not get charged vacation time.

Employees on extended unpaid leave (72 hours or more), to receive holiday pay, must work the regularly scheduled workday before and after the holiday.

Employees on an approved leave of absence (i.e. sick, vacation or approved unpaid leave [of less than 72 hours] without pay) will receive holiday pay.

Employees on staff at the beginning of each contract year will receive two (2) "floating" holidays during the contract year. Employees hired on or after October 1st will only receive one (1) floating holiday during their first contract year. Employees have the right to bid on their floating holidays during the normal bidding period as defined in Article XIX, Section 3. If an employee does not use their floating holidays by March 31 of each year they will be paid out on the second (2nd) pay period in April of the following contract year. The "Floating" holidays will be considered regular work days and are not subject to the regular holiday premium rate of pay.

ARTICLE 16 – SICK LEAVE

Each regular full time employee shall accrue sick leave at the rate of six (6) hours per month at the end of each month for a total of seventy-two (72) hours per year. Any unused sick leave will be rolled into a Catastrophic Sick Bank (CSB) and may be used whenever the Company or any government entity requires the employees to stay home due to quarantine, for serious medical conditions as defined by the Family Medical Leave Act (FMLA) and/or for military leave as defined in Article 13 herein. An employee may accumulate up to one hundred eighty (180) hours in their CSB.

All unused sick leave in each contract year will be paid out not to exceed forty (40) hours. The payout shall occur the second (2nd) pay period of April of each contract year. Any unused hours over and above the total of forty (40) shall be placed into the employees (CSB). The Company will provide the employee a record of their CSB banked hours once a month. There is no payout of any unused sick leave upon termination of employment. Sick leave shall be considered time worked. Employees are eligible for sick leave accrual while on an approved unpaid leave of absence.

The Company agrees to grant FMLA leave under the terms and conditions set forth in the Act even though they may not meet the threshold number of employees.

ARTICLE 17 – FUNERAL LEAVE

In the event of a death in the employee's family, the employee shall be granted up to three (3) scheduled workdays off without loss of pay for immediate family members or household members and one (1) scheduled workday off for all other family members to arrange for and or attend the funeral or memorial services. A member of the employee's immediate family includes: spouse, child, father, mother, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, mother- in-law, father-in- law, sister-in-law, brother-in-law, stepchild, stepmother, stepfather, stepbrother and stepsister. In the event the funeral or memorial service is held out of state the employee may request two (2) additional days off without pay (or paid days off can be taken from the employee’s CSB upon request from the employee). The Employer may require the employee to provide proof of death of the family member.

ARTICLE 18 – JURY DUTY

When an employee is required to report for jury duty, he will not be required to report for work and will be excused after receipt of summons by the Company of jury duty selection.

The employee shall be compensated at the regular straight time rate of pay to a maximum of one- hundred twenty (120) hours per contract year. Time spent on jury duty shall be considered time worked.

ARTICLE 19 – VACATION

Section 1- Amount Each year during the pay period following their anniversary date, employees will receive a lump sum deposit of the hours listed below based on their years of service. Hours deposited will be based on the following schedule:

Years of Service Annual Accrual

1 – 4 years 2 weeks/80 hours 5 – 9 years 3 weeks/120 hours

10 – 14 years 4 weeks/160 hours 15 – 19 years 5 weeks/200 hours

20+ years 6 weeks/240 hours

For the purpose of this section, an employee's service shall start with their most recent date of hire with the Company or a previous contractor if continuously employed in the same capacity.

Employees must take their accrued vacation each year in order to receive pay for vacation except that they may carry up to forty (40) hours of accrual over to the next anniversary year. Any unused vacation hours in excess of forty (40) hours and not carried over will be cashed out the pay period following their anniversary date. Employees are eligible for vacation leave lump sum deposit while on an approved unpaid leave of absence.

Section 2 - Separation All employees who are separated from the Company's payroll after more than one (1) year of Employment (voluntary resignation, involuntary termination or any other reason) shall be paid pro-rata for all vacation accrued but not used at the time of separation.

Section 3 - Vacation Selection All vacation bidding will be done on an annual basis on September 1st. Vacations bid during the annual bidding period shall be awarded by seniority. Any vacation not bid during this period shall be awarded on a first come/first served basis.

Section 5 - Split Vacations Vacation may be taken in full week increments, full day increments, or on an hourly basis as needed, provided the employee has prior approval of his supervisor, or in cases of proven emergency. Such approval of vacation requests shall not be unreasonably withheld, taking into consideration the manpower needs of the Company.

ARTICLE 20 – PENSION, HEALTH & WELFARE

Health & Welfare For the life of this Agreement, employees shall receive payments for Health & Welfare Benefits in the amount below for all compensable hours up to a maximum of 40 hours per work week. Any excess of Health and Welfare will be paid to the employee in cash in their bi-weekly paycheck.

For those employees electing to purchase insurance through a Company sponsored plan any employee contributions shall be deducted on a pre-tax basis. The Company’s group benefits plan consists of healthcare, dental care, vision care, prescription drug care and long-term disability as described in the applicable plan summary booklets. The Company will provide a Basic Life policy for $50,000 and an AD&D insurance policy for $50,000 for employees.

Pension The amount contributed by the Company shall be in accordance with the following schedule:

Section 1.

Effective April 1, 2023, the Employer shall pay into the Western Conference of Teamsters Pension Trust on account of each member of the bargaining unit for each hour for which compensation is paid. The hourly contribution rate shall be $5.00 per compensable hour.

Effective April 1, 2024, the Employer shall pay into the Western Conference of Teamsters Pension Trust on account of each member of the bargaining unit for each hour for which compensation is paid. The hourly contribution rate shall be $5.10 per compensable hour.

Effective April 1, 2025, the Employer shall pay into the Western Conference of Teamsters Pension Trust on account of each member of the bargaining unit for each hour for which compensation is paid. The hourly contribution rate shall be $5.20 per compensable hour.

Section 2.

The total amount due for each calendar month shall be remitted in a lump sum not later than ten

(10) days after the last day of each month. The Employer agrees to abide by such rules as may be established by the Trustees of said Trust to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts and the accurate reporting of such amounts paid on account of each member of the bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement.

4/1/2023 4/1/2024 4/1/2025 $6.00 $6.25 $6.50

4/1/2023 4/1/2024 4/1/2025 $5.00 $5.10 $5.20

Section 3.

For temporary agency personnel or probationary employees, the Employer shall pay an hourly contribution rate of $0.10 during the probationary period as defined in Article VI Section 2 or the initial period of utilization, but in no case for a period longer than ninety (90) calendar days from the employees' first date of hire (into the bargaining unit) or utilization in the performance of bargaining unit work. Contributions shall be made on the same basis set forth in Article XX of the Agreement. After the expiration of the probationary period as defined in Article VI, Section 2 or an equivalent period if an individual is utilized as a temporary employee, but in no event longer than ninety (90) calendar days from the employee's first date of hire (into the bargaining unit) or first date of utilization as a temporary employee, the contribution shall be increased to the full contractual rate stated in Article XX.

Section 4: 401(K) Employees will be offered the opportunity to participate in the Company’s 401K Plan.

Employees may participate by making pre-tax contributions to the plan per government guidelines. There will be no Company match.

ARTICLE 21 – SAVINGS CLAUSE

In the event that any Federal or State legislation, government: regulation, or court decision causes invalidation of any sentence, paragraph, section or article of this Agreement, the Company and the Union agree to meet as soon as possible to negotiate any affected portion. All other articles not so invalidated shall remain in full force and effect.

ARTICLE 22-DURATION

This Agreement shall become effective on April 1, 2023, and shall remain in full force and effect through March 31, 2026 and shall continue in effect from year to year thereafter, unless either party notifies the other in writing not less than sixty (60) days prior to March 31, 2026 or any subsequent March 31st of its inte t to re-open the Agreement.

For the Union:

/7 Business Agent

J Business Agent

International Brotherhood of Teamsters Local 492

For the Company:

Richard Carr

President

Tunista Services, LLC

Richard Harville

President

Tunista Logistics Solutions, LLC

Jerry 1v1 ____ _

Contract Manager, Kirtland AFB

Tunista Services, LLC

¼ Hibah Setayesh

Senior HR Business Partner

Yulista Holding, LLC

ADDENDUM #1

WAGES

Position/Title Effective 4/1/2023

Effective 4/1/2024

Effective 4/1/2025

Shipping/Receiving/Stock Clerk/Warehouse Specialist $23.16 $23.84 $24.25

Truck Driver $28.79 $29.47 $29.88 Supply Technician $31.49 $32.17 $32.58 Secretary IV $29.96 $30.64 $31.05 Personal Computer Support Technician (PCST) $32.08 $32.76 $33.17 Computer Operator III $32.08 $32.76 $33.17 Computer Operator IV $34.97 $35.65 $36.06 Computer Operator IV/SA $39.36 $40.04 $40.45 Material Coordinator $32.58 $33.26 $33.67

* Computer Operator IV/SA is equivalent to Information Systems Analyst

1) These wage increases will be effective at the beginning of the first payroll period following the dates indicated in the Agreement

2) New hires will earn 80% of the approved current rate in Addendum #1 during the forty-five (45) calendar day probation period. After successful completion of the probationary period, the employee will be raised to the fully approved wage rate for the classification provided the employee has received their interim clearance as required for employment per Article 9. If the employee’s interim clearance is not received within the 45-calendar day probation period however, they will remain at 80% of the approved rate in Addendum #1 until the interim clearance is granted by the government.

3) Shift Differential:

• $1.00 per hour for swing shift

• $1.50 per hour for mid shift

Shift differential shall apply to designated shift employees. Shift premium shall not be added to the base pay for purposes of computing overtime. Shift differential shall be paid on hours worked for designated shift employees.

Employees performing work in a higher classification will receive the higher rate for hours worked.

The Company may designate a Lead Person, chosen by the Company without regard to job bidding procedures. Such Lead wage rate shall be increased by one dollar twenty-five cents ($1.25) per hour. They will act as the single point of contact to ensure all personnel in their work area work towards the accomplishment of their assigned task. A Lead Person shall be fully comprehensive in all job duties and/or assignments within their section(s). "Leads" will be the individual(s) that management will come to in respect to any problems that may arise within their section(s). The "Lead Person" does not have the right to discipline personnel.

They will not be responsible for scheduling personnel or approving leave. Lead Persons may also be required to train other employees as part of their Lead Person duties.

The regular payday shall be every other Friday for Tunista Services, LLC, Tunista Logistics Solutions, LLC and Tunista Operations Support Services, LLC employees.

ADDENDUM #2

JOB DESCRIPTIONS

The Company’s intent in adding the language in this addendum is to clarify the employee’s duties in their current positions. The Company agrees not to use this language to demote current employees.

Shipping-Receiving Clerk/Stock Clerk/Warehouse Specialist Personnel in this category perform a variety of warehousing duties that require an understanding of the establishment's storage plan. This incumbent in a “Lead” position may direct and coordinate the activities of other workers. Personal engage in handling goods to be shipped or being received. Work involves most of the following: verifying materials (or merchandise) against receiving documents, noting and reporting discrepancies and obvious damages, routing materials to prescribed storage locations; storing, stacking, or palletizing materials in accordance with prescribed storage methods, rearranging and validating stored materials, examining stored materials and reporting deterioration and damage, removing material from storage and preparing it for issue or shipment. This worker may operate hand or power trucks in performing warehousing duties and other duties as assigned.

*Note: Personnel performing operations in the following warehouse sections are identified as Shipping-Receiving/Stock Clerks/Warehouse Specialists: Receiving and Storage and Issue

Truck Driver (Occupational Base Transportation/Mobile Equipment Operation Occupations) The Truck driver drives a truck to transport materials, merchandise, or equipment between various types of establishments such as: warehouses, wholesale and retail establishments and/or places of business. This driver may also load or unload truck with or without helpers, make minor mechanical repairs, and keep truck in good working order and other duties as assigned.

Material Coordinator The Material Coordinator coordinates and expedites flow of material, parts, and assemblies within or between departments in accordance with production and shipping schedules or department supervisors' priorities. In this job, the Material Coordinator reviews production schedules and confers with department supervisors to determine material required or overdue and to locate material, requisitions material and establishes delivery sequences to departments according to job order priorities and anticipated availability of material;

arranges for in-plant transfer of materials to meet production schedules, and with department supervisors for repair and assembly of material and its transportation to various departments, and examines material delivered to production departments to verify if type specified. This Worker may monitor and control movement of material and parts along conveyor system, using remote-control panel board, compute amount of material needed for specific job orders, applying knowledge of product and manufacturing processes and using adding machine; compile report of quantity and type of material on hand, move or transport material from one department to another, using hand or industrial truck; may compile perpetual production records in order to locate material in process of production, using manual or computerized system, and maintain employee records and other duties as assigned.

*Note: Personnel performing operations in the following sections are identified as Material Coordinators: Equipment Accountability Element (EAE), Research and Records, Demand Processing, Stock Control, Mission Capability (MICAP), Inventory Control, Document Control, Reject Management, Bench Stock, Hazardous Materials Management, Repair Cycle Management and Inspection Functions. Personnel will also provide proficiency training when necessary to customers and coworkers.

Supply Technician Performs aspects of technical supply management work. Work usually is segregated by commodity area or function, and may not be controlled in terms of difficulty, complexity, or responsibility. Assignments usually relate to stable or standardized segments of technical supply management operations; or to functions or subjects that are narrow in scope or limited in difficulty. The work generally involves individual case problems or supply actions. This work may require consideration of program requirements, together with specific variations in or from standardized guidelines. Assignments require a good working knowledge of the governing supply systems, programs, policies, nomenclature, work methods, manuals, or other established guidelines; an understanding of the needs of the organization serviced; and analytical ability to define or recognize the dimension of the problems involved, to collect the necessary data, to establish the facts, and to take or recommend action based upon application or interpretation of established guidelines. Quality Assurance Personal implements quality control to ensure compliance with contract specifications and applicable regulations. Inspects all phases, services or operations for conformity to established quality, health, and safety, and other operational standards by preforming on -going work for compliance with contractual provisions, ensures all services listed on the performance work statement (PWS) and specified regulations are preformed in a satisfactory manner, specifies areas to be inspected (scheduled and unscheduled) and how often inspections will be accomplished, communications deficiencies to proper persons, maintains Quality Control filers, and document results of all inspections and other duties as assigned.

*Note: Personnel performing operations in the following sections are identified as Supply Technicians: Quality Assurance, Individual Equipment Element/Retail Sales and Individual Protective Equipment/Mobility. Personnel will also provide proficiency training when necessary to customers and coworkers.

Secretary IV This position provides principal secretarial support in an office, usually to one individual, and, in some cases, to the subordinate staff of that individual. The Secretary maintains a close and highly responsive relationship to the day-to-day activities of the supervisor and staff, works fairly independently receiving a minimum of detailed supervision and guidance, and performs various clerical and secretarial…