FuelsCBA12-15.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

TEAMSTERS LOCAL UNION 886

AND

DATA MONITOR SYSTEMS, INC.

AND

DOSS AVIATION, INC.

EFFECTIVE DATE:

1 October 2012 Through

30 September 2015

PREAMBLE

This agreement, made and entered into this lS' day of October 2012, by and between Data Monitor Systems, Inc., and DOSS Aviation, Inc., (hereafter referred to as "The Company") and Teamster's Local 886, affiliated with International Brotherhood of Teamsters (hereafter referred to as 'The Union"), as representative of the employees located at Tinker Air Force Base, Midwest City, Oklahoma, in the mutual interests of the employees and the Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the total support of the Company's Government Contract #FA8101-12C-0001 and for the advancement of the purpose of this Agreement.

ARTICLE 1

RECOGNITION

Section 1.0 The Company recognizes and acknowledges that the Local Union is the sole and exclusive representative of all employees in the classifications of work as certified in the petition for the purpose of collective bargaining as provided by the National Labor Relations Act. The Unit certified by the National Labor Relations Board as Case No. 17-RC-10612, is as follows: Included: All full time and regular part-time lead fuel operations specialists, FISC lead, fuel operation specialists, dispatchers/controllers, expeditors, accounting employees and laboratory technicians. Excluded: Office clerical employees, professional employees, guards and supervisors as defined in the Act.

ARTICLE 2

SUCCESSORSHIP

Section 2.0 The provisions of the Agreement shall be binding upon the Union and the successors and assigns of The Company in the event of a merger, consolidation or similar transaction involving The Company.

Section 2.1 The Union expressly acknowledges and agrees that The Company is performing its services at Tinker Air Force Base, Oklahoma, under a government contract with the United States Government, and that in the event The Company's contractual relationship with the United States Government at said base should terminate, The Company shall be relieved of all further obligations under this Agreement.

ARTICLE 3

MANAGEMENT RIGHTS

Section 3.0 The Management of the operations and direction of the working forces, including the right to hire, suspend or discharge for just cause, transfer, layoff due to lack of work or other legitimate reasons, and in general all other functions of management are resewed to and are vested in The Company, provided however, that this right shall not be used for the purpose of discrimination against any employee or for the purpose of discrimination against any employee or for the purpose of invalidating the terms and conditions of the Agreement.

Section 3.1 The Union acknowledges and agrees that the Company shall have the exclusive right and authority to administer andlor manage The Company's business, and that all rights and prerogatives of management are retained exclusively by The Company, without limitation, except as specifically modified by valid, applicable law or by the express and clear terms of this Agreement.

Section 3.2 Without attempting to list herein all The Company's rights as management, the right and authority of The Company shall include, among other rights, the right to exclusively direct the employees; the right to assign and transfer employees; the right to determine the starting and quitting times; number of hours to he worked and the right to assign and require that overtime andlor call back be worked; the right to make, promulgate, change and enforce employee work and safety rules, regulations, policies and practices; the right to discipline and discharge employees for cause; the right to expand, sell, transfer andlor terminate all or part of its operation; the right to determine the number of employees needed at any time, and the number of employees who shall perform any given job; the right to plan, direct and control operations; and the right to judge each employee's ability, fitness, competence and overall contribution to The Company's operation.

Section 3.3 This Agreement is the entire and complete agreement between The Company and The Union, and any prior oral or written understanding, whether by past custom and practice or otherwise, which is not incorporated in this written Agreement, shall be null and void and shall be of no effect and shall not be binding on either The Company or The Union.

Section 3.4 The Union agrees that it has no right to arbitrate The Company's decision or actions which are consistent with this provision unless such decision or action is reasonably subject to the claim that is in direct conflict with another specific provision of this Agreement.

ARTICLE 4

HARMONIOUS RELATIONS

Section 4.0 In their institutional relationships, The Company and The Union pledge themselves:

a) To abide by all procedures mutually agreed upon.

b) To give each other fullest cooperation to the end those harmonious relations may be maintained in the interest of both The Company and The Union.

c) On the part of The Union to discipline any Union Steward and on the part of The Company to discipline any supervisor, foreman or other of its representatives who shall conduct themselves in such manner as to bring upon The Union or The Company, respectively, the proper reproach of the other that it has violated any of the terms of the Agreement.

d) It is mutually agreed that the Union and The Company in harmonious cooperation will abide by all contracts, operating checklists, government regulations, government technical orders, any other government contract publications, other Company rules and publications, and all safety standards as established by The Company andlor the U.S. Government with respect to the contract between Data Monitor Systems, Inc., and DOSS Aviation, Inc and the U.S. Air Force at Tinker AFB, and will maintain the highest standards of maintenance, safety serviceability, and readiness as governed by such rules and regulations.

e) The Company will provide a copy of any rules of conduct to The Union.

f) The following is a result of a clear and unambiguous understanding for the collective bargaining process. The Company agrees to notify and discuss with the Union Steward andlor alternates, excluding the safety rules, all disciplinary action pertaining to any new rule, policy or procedure prior to imposing new disciplinary action.

ARTICLE 5

NON-DISCRIMINATION

Section 5.0 Whenever any words are used in the Agreement in the masculine gender, they shall be construed as they were also used in the feminine gender.

ARTICLE 6

UNION SECURITY AND CHECK-OFF

Section 6.0 All present employees, who are members of The Union on the date of the signing of this Agreement, shall remain members of The Union in good standing as a condition of employment. All present employees who are not members of The Union and all employees who are hired hereafter shall become members and remain members in good standing of The Union as a condition of employment on and after the thirty-first (31S') day following the employee date of hire, whichever is the later. The provision shall be made and become effective under the provisions of the Act, but not retroactively.

Section 6.1 The Company agrees to deduct from the pay of all employees covered by this Agreement, the dues, initiation fees, and/or uniform assessments of The Union having jurisdiction over such employees and agrees to remit to said Union all such deductions, prior to the end of the month for which the deduction is made.

Where laws require written authorization by the employee, the same is to be furnished in the form required. No deduction shall be made which is prohibited by applicable law. Where an employee who is on the check-off is not on the payroll during the week in which the deduction is to be made or has no earnings or insufficient earnings during that week or is on leave of absence, the employee must make arrangements with The Union to pay such dues in advance.

Section 6.2 The Company will recognize authorization for deduction from wages, if in compliance with State law, to be transmitted to The Union or to such other organizations as The Union may request if mutually agreed to.

No such authorization shall be recognized if in violation of state or federal law, and no such deductions shall be made which are prohibited by applicable law. The Union Steward will obtain check-off authorization from new employees. After obtaining the authorization, the Steward will give the authorizations to the Project Manager.

Section 6.3 DRIVE Language - The Company 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 paycheck on a pay period basis for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. The Company shall transmit to DRIVE National Headquarters on a monthly basis, in one 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 the employee's paycheck.

Section 6.4 The Union shall indemnify and save The Company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by The Company for the purpose of complying with any of the provisions of this Section, or in reliance on any list, notice or assignment furnished under any such provision.

ARTICLE 7

STEWARDS

Section 7.0 The Company recognizes the right of The Union to designate Union Stewards and alternates from The Company's seniority list. The authority of Union Stewards and altemates so designated shall be limited to the following duties and activities:

a) Investigation and presentation of grievances to his Company or the designated bargaining agreement.

b) The transmission of such messages and information which shall originate with and are authorized by The Union or its officers, provided such messages and infonnation:

1. have been reduced to writing, or

2. If not reduced to writing, are of a routine nature and do not involve work stoppages, slow downs, refusal to handle goods, or any other interference with the Company's business.

Section 7.1 Union Stewards and their alternates have no authority to take strike action, or any other action intempting The Company's business, except as authorized by official action of The Union. The Company, in so recognizing such limitations, shall have the authority to impose proper discipline, including discharge, in the event the Union Steward has taken unauthorized strike action, slow down or work stoppage in violation of the Agreement.

Section 7.2 Union Stewards, or one (1) designated alternate per shift, shall he permitted time to investigate, present, and process grievances on Company property in a private area during their normal working hours without loss of time or pay. Time spent investigating grievances on company time shall not exceed approximately ten (10) to fifteen (15) minutes, unless otherwise agreed by The Company. If not during Steward's normal working hours, Stewards will not he paid by The Company. The Union will supply a list of the Stewards and alternates as changes occur.

Section 7.3 The Union reserves the right to remove the Steward at anytime for the good of the Union.

ARTICLE 8

BULLETIN BOARDS

Section 8.0 The Union may post notices on authorized bulletin boards. All such notices are to be confined to official business of The Union. These notices must b e provided to the Project Manager or the Assistant Project Manager prior to posting.

Section 8.1 The Company will provide an additional bulletin board for employee notices. These notices must be approved by the Project Manager or the Assistant Project Manager prior to posting.

ARTICLE 9

WSPECTION PRIVILEGES

Section 9.0 The Business Agent, or other authorized representatives of The Union, shall be permitted, subject to governmental security regulations, and with at least 24 hour advanced notice, to enter the facility, when necessary, upon application to The Company Project Manager or Assistant Project Manager.

ARTICLE 10

UNION ABSENCE

Section 10.0 The Company agrees to grant the necessary time off, in its discretion, without discrimination or loss of seniority rights and without pay, to any employee designated by The Union to attend a labor convention or serve in any capacity on other official Union business, provided one (1) week written notice is given to the Employer by The Union, specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consideration shall be given to the number of employees affected in order that there shall be no disruption of The Company's operation due to lack of available workforce.

ARTICLE 11

HOURS OF WORK

Section 11.0 The Company will schedule al hours of employment to ensure the Government Contract is satisfied provided that a normal work week for full-time employees shall consist of forty (40) hours. A normal workweek will be divided into five (5) days of eight (8) hours each, followed by two (2) consecutive days off or four (4) days of ten (1 0) hours each with at least two (2) of the three (3) days off being consecutive. The above may not be applicable during unexpected workloads, emergencies (i.e., Act of God, Act of War, medical condition of an employee, late notification of absence and until employee is available to fill position, contingencies, large scale operations, and mobility situations related to the military contract with Data Monitor Systems, Inc and DOSS Aviation, Inc).

Section 11.1 Part-time employees must provide an updated status of their hours of availability to work. The hours of availability provided must be approved by management. Call-in work will be made by the lead operators, if available or the dispatcher to be verified upon request by a union steward. Any unpaid time (i.e.

Workers compensation, FMLA leave, leave of absence, military leave) will be made available for bid to part-time employees when the Company receives notice the time off will exceed 30 days.

Section 11.2 Part-time employees refusing or declining to work when available three (3) consecutive times within a sixty (60) day period will be subject to the disciplinary process, but no employee will be assessed more than one occurrence in a twenty-four (24) hour period or if they have reported to work within the last 72 hours.

Employees declining to work will be verified by the Union Steward or bargaining unit employee.

ARTICLE 12

OVERTIME

Section 12.0 The Company agrees to pay time and one-half for all hours paid in excess of forty (40) hours per week. All paid time will count as time worked for the calculation of overtime compensation. Employees will not be forced to work more than twelve (12) hours in a 24-hour period except in the case of emergencies (i.e.

Act of God, Act of War, medical condition of an employee, late notification of absence and until employee is available to fill position, contingencies, large scale operations, and mobility situations related to the military contract with Data Monitor Systems, Inc. and DOSS Aviation, Inc. Any work over 12 hours will be at the discretion of the Employee, except in cases of emergency as defined above. All overtime, whether daily or scheduled, will be offered in accordance with seniority, by shift qualification. Scheduled overtime is identified as when the Company receives at least twenty-four (24) hours advance notice of requirement.

Section 12.1 Rest periods will not be designated by this Agreement, but will be given to the employee as appropriate.

Section 12.2 Call-back - When an employee is called back to work after helshe has left the Company's premises at the completion hisher shift, helshe shall receive not less than four (4) hours of work or pay at the applicable rate. The applicable rate includes shift differential and classification base rate.

ARTICLE 13

HOLIDAYS

TA-Section 13.0 The parties recognize the following paid holidays:

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

Section 13.1 Employees working on the holidays listed in paragraph 13.0 above shall be paid wages for a maxi~num of eight (8) hours or ten (10) hours, as applicable at the applicable rate of pay in addition to the holiday pay, unless the employee exceeds his normal forty (40) hour work week when working the holiday.

Part time employees working on a holiday will receive holiday pay for the hours worked that day for a maximum of eight (8) hours.

Section 13.2 The Union recognizes that the Company's business may require employees to work on holidays.

The Company will seek qualified volunteers part time and full time by seniority on the affected shift for such work, and if there are not enough volunteers, the Company will choose the least senior qualified employees to work on such holiday. Any employee who is forced to work such holiday will be allowed to reschedule their holiday to a day as mutually agreed by the company and employee no longer than 30 days after the holiday. For the purpose of this section, eligibility will not apply in circumstances wherein the Company would be obligated to pay time and one-half for hours worked in addition to holiday pay, unless it deems it necessary for the purpose of fulfilling its Government contract.

Section 13.3 If a holiday falls on an employee's regularly scheduled day off, his next regularly scheduled workday, or a day as mutually agreed by the Company and the employee before or after said holiday, shall be considered his holiday.

Section 13.4 In order to be eligible to receive pay for a holiday not worked, an employee must have worked his regularly scheduled workday before and after the day on which the holiday is observed, unless late (no more than one (1) hour) or absent for reasonable cause, such as jury duty, funeral leave, vacation, or sickness verified by the Company, with the exception of workman's compensation.

Section 13.5 When an employee is posted to work on the final holiday schedule, the employee must work in order to receive holiday pay.

ARTICLE 14

VACATIONS

Section 14.0 All full-time active employees shall receive paid vacations as follows:

a) Employee with one (1) year, but less than seven (7) years service, shall receive two (2) weeks' vacation.

b) Employee with seven (7) years but less than fourteen (14) years service shall receive three

(3) weeks' vacation.

c) Employees with fourteen (14) or more years of service shall receive four (4) weeks' vacation.

Section 14.1 If a holiday falls in the employee's vacation periods, the employee will be given holiday pay for the holiday and not charged a vacation day or paid vacation for that day. A vacation period includes all days consecutively forecastedlrequested.

Section 14.2 All vacation shall be credited as of the employee's vacation anniversary date and must be taken prior to the following anniversary date, unless mutually agreed between the Company and employee. An employee can take vacation pay in lieu of vacation time off at the Company's discretion.

Section 14.3 Vacation Forecast: At the beginning of the first month of each and every quarter, a vacation bid sheet will be posted and remain posted until the end of the month. Request for vacation on the bid sheet will be granted on the basis of seniority and employees may forecast vacation in a minimum of (1) week segments.

Any employee wanting to take vacation in the following quarter shall forecast their vacation on the bid sheet.

Shift Seniority shall prevail on the bid sheet and is subject to management approval.

a) Employees with two weeks or more of vacation on the books shall forecast their remaining vacation on the bid sheet prior to their vacation anniversary date, and use said vacation.

b) After the bid sheets have come down, employees desiring to take vacation may do so by filling out the appropriate Company forms. These un-forecasted vacations will be granted on a first come first serve basis, subject to management approval. Employees may take un-forecasted vacation time in a minimum of one (1) day segments.

Section 14.4

a) Vacations shall be scheduled in advance at a time subject to workload requirements that is convenient to the Company and the employee.

b) Employees with vacation time in excess of two (2) weeks may take no more than two (2) consecutive weeks between June 1 and September 30, except with the Employer's specific approval.

Section 14.5 If an employee's vacation period spans the effective start date of a change in shift schedule which existed at the start of the vacation period. Said employee shall start the new schedule on the employee's first scheduled workday of the first full Pay Week following the employee's return from vacation.

Section 14.6 For the purpose of paid vacation time, an employee's continuous service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

ARTICLE 15

SICK LEAVEPERSONAL TIME

Section 15.0 For the term of this contract, employees will be credited with sick leave as shown in the attached "addendum 'A'." Sick leave will be granted in increments in full hours, but not less than one (1) hour.

Section 15.1 Sick leave allowances shall be paid at the employee's hourly base rate and shall not exceed the number of hours in his regularly scheduled day. Sick leave pay shall include shift differential and lead pay.

Section 15.2 sick leave allowances may be paid only when the employee notifies the Company of his absence because of personal illness or injury. A doctor's notice will be required after the third (3"') consecutive day of illness or injury for the purpose of processing sick pay and the establishment of employee's ability to return to work. If an employee calls in sick and has no sick leave available but presents a doctor's note, it will be considered an excused absence.

Section 15.3 The unused portion of sick leave shall be paid to each employee at the end of the sick leave year, unless otherwise requested by the employee, who may carry over up to ninety six (96) hours of sick leave with a maximum bank of one hundred and ninety two (192) hours at any time.

Section 15.4 An employee may use sick leave time as personal time if scheduled in advance, upon management approval.

ARTICLE 16

FUNERAL LEAVE

Section 16.0 In case of death of a member of the immediate family, set forth below, the employee shall be paid for a maximum of three (3) days absence during the normal work week, if the death occurred in the State of Oklahoma, and four (4) days if the death is out of state. For the purpose of determining eligibility for the foregoing benefit, an immediate family member of the employee shall be limited to the employee's father, mother, foster parent(s), mother-in-law, father-in-law, spouse, children, grandchildren, step-children, brother, sister, step-brother and step-sister, grandparents, spouses' grandparents, great-grandparents, spouse's great-grandparents, step-parents, brother-in-law and sister-in-law.

ARTICLE 17

JURY DUTY

Section 17.0 Each employee covered by this Agreement who is called for service on any Jury shall, after furnishing to the Office of the Company, a certificate in evidence of jury service, be paid for the duration of one continuous jury duty each anniversary year, which he serves upon said jury, a sum equal to his straight time earnings for eight (8) hours if he is regularly scheduled to work eight (8) hours on such day. No such payment will be made to any employee for jury service on any day, which in accordance with his regular work schedule;

he would not have worked for the Company. If the employee is scheduled for ten (10) hours shifts, the ten (10) hours replaced eight (8) hour increments set forth above.

ARTICLE 18

MILITARY LEAVE

Section 18.0 The re-employment of personnel returning from the United States Military Service shall be in accordance with applicable Acts of Congress governing the same. The vacancy resulting from military leave will be made available for bid to part-time employees when the Company receives notice the time off will exceed 30 days.

ARTICLE 19

GRIEVANCE PROCEDURE

Section 19.0 For the purpose of this Agreement, the term "Grievance" means any dispute between the Company and the Union, concerning the meaning, interpretation or application of the provisions of the Agreement.

Section 19.1 The Company recognizes the right of the Union to designate Union Stewards and alternates from the Company's seniority list. Grievances shall be settled in accordance with the following procedure, to include the use of a Grievance Acknowledgment Form:

m. An employee with a grievance shall first take it up with his supervisor.

The first step must be taken within five (5) worked days after the alleged violation(s) from which the grievance arises. The employee may request the Union Steward, or his alternate, to be present when his grievance is presented to the supervisor.

if the supervisor does not settle the grievance to the satisfaction of the Employee, the Union Steward can present the grievance in writing, signed by the employee and by the Union Steward, to the OPS Supervisor of the Company.

This second step must be taken within five (5) worked days following the answer to step 1.

If not settled in either of the preceding steps, the grievance may be processed to this Step 3 by the Union Steward by notice to the Project Manager within five (5) worked days following the answer in Step 2. The grievance will Be discussed in this Step 3 between the Project Manager, the Union Steward, and Union Business Agent at a meeting held on a day and time selected by mutual agreement. In cases involving the discharge of an employee, the Company and the Union agree to waive Step 1 and Step 2 of the procedure and proceed to Step 3.

If not settled in either of the preceding steps, the grievance may be Processed to this Step 4 by the Business Agent to a Corporate Representative within five (5) work days following the response in Step 3. This step will be held via teleconference with the above parties. The Company will respond in writing with an answer within five (5) work days.

If not settled in preceding steps, the Union may process the grievance to arbitration by giving the Company notice of its intent within ten (1 0) worked days following the conclusion of the processing required by Step 4. All grievance settlements shall be reduced to writing and signed by the Company and employee with a copy to the Union Steward. The Company will use the Texas Conference Joint Transfer Cartage and Garage Grievance Committee on a trial basis. After the first case presented to the committee, The Company and the union will change the language in the CBA to reflect the agreement at that time.

Grievances not processed within the above specified time limits shall be considered withdrawn. It is understood and agreed the parties may extend any such time limits by mutual written agreement, signed by both parties.

Section 19.2 It is agreed that the Company and Union will make every effort to keep to a minimum the actual time spent in disposing of grievances. When a Union Steward is required to leave a contract work area (not the base) for the purpose of investigating, presenting or adjusting grievances, he will obtain the permission of his immediate supervisor before leaving and will report to him upon his return.

Section 19.3 In the event the Union or the Company processes a grievance to arbitration, an impartial arbitrator shall be selected according to and shall be governed by the following procedure: Within ten (10) days from the date the grievance is denied at the 41h step, either party may submit the grievance to the Federal Mediation and Conciliation Service for proceedings in accordance with the rules of the Association. The grievance shall be presented to the Arbitrator and his decision shall be final and binding upon the parties hereto and employees covered by this Agreement. It is understood and agreed that the Arbitrator shall have jurisdiction and authority only to interpret, apply or to determine compliance with the provisions of this Agreement, including the right to award back pay, seniority rights and the like as a remedy whenever he deems such relief appropriate, but the Arbitrator shall have no power to add to, detract from or alter in any way the provisions of this Agreement.

Section 19.4 All costs and fees in connection with the arbitration proceeding will he shared equally by the Company and the Union. Either party shall have the right to reject an entire panel of arbitrators, in which case selection shall be made from the second panel.

Section 19.5 The Union's Business Manager shall have the right, upon proper written request, to examine time sheets and other records pertaining to the computation of coinpensation of any individual(s) whose pay is in dispute by a grievance procedure.

ARTICLE 20

DISCIPLME AND DISCHARGE

Section 20.0 The Company retains the management right to discipline an employee for just cause.

Section 20.1 Before disciplinary layoff or discharge of an employee is made final, the employee and his Union representative will be advised of the charges against the employee. The employee and his Union representative will be given the full opportunity promptly to present any defense to such charges. An employee may be temporarily suspended from work pending the completion of the investigation, but if upon completion of investigation, it is determined that no layoff or discharge penalty should be imposed, the employee will he paid for any time lost form regular work during such suspension.

Section 20.2 The Company will make discipline effective without delay and by written notice to the employee with a copy promptly furnished to the authorized Union steward and with a certified copy to be received within five (5) days at the office of the employee's union. If the employee or the Union feels that the action is not justified, claim for unjust discipline may he made and appealed in the manner proposed in the grievance and arbitration articles of this collective bargaining agreement.

Section 20.3 An employee proven to have been suspended from work or discharges without just cause will be returned to his former position and will be paid for all time lost or granted such other relief as may be agreed upon by the employees Unions and the Company or determined by an arbitration procedure under this collective bargaining agreement.

Section 20.4 Dishonesty, gross insubordination, or drinking or being under the influence of alcoholic beverages or drugs while on duty, or drinking alcoholic beverages on Company property, recklessness resulting in a serious accident while on duty, or the transportation of unauthorized personnel in Company operated vehicles shall be cause for immediate dismissal.

Section 20.5 The Company will furnish to each employee and to the Union, a copy of the revised Rules of Conduct for Employees. The Company considers that none of the provisions of such Rules of Conduct are in conflict with any of the provisions of this Agreement and that such Rules are reasonable and necessary for a safe, effective and efficient operation. The Company reserves the management's rights to amend such Rules of Conduct in the future upon the Company's determination that such amendments are reasonable and necessary for the safe, effective and efficient operation of the Company's governments contract, but 110 such amendment may be contrary to any of the terms or provisions of this Agreement. The contracting Union reserves the right to protest through the Grievance and Arbitration Procedure in the Agreement the reasonableness, the interpretation or the application of such Rules of Conduct. By executing this Agreement, the contracting Union does not waive its right to content that a provision in such revised Rules of Conduct, or any amendment there to, is contrary to this Agreement, that it is unreasonable, that the Company has improperly interpreted such provision or that the Company has applied such provision in an arbitrary or unreasonable manner. I no case shall imposition of penalty provided in written Company rule be deemed arbitrary or capricious.

Section 20.6 The Company needs every employee each working day to insure that production and customer service are maintained. All employees scheduled for work and finding it necessary to be absent from work, shall notify the supervisor on duty as soon as possible, but no later than one (1) hour before the scheduled shift.

An employee must report and state the reason for, and duration of, his absence each day that he is absent. In the event the supervisor is not available, the employee will contact the Fuels Service Center. The Fuels Service Center must notify the supervisor or on-call supervisor as soon as possible.

Section 20.7 Unless the Company reinstates the employee for good cause, the employee will be disciplined for unexcused or excessive absences as follows:

a. Unexcused absences on three (3) consecutive work days, in which the employee will be deemed to have voluntarily resigned.

b. Unexcused absences on four (4) work days during any four (4) month work period; or

c. Excessive tardiness, where, in the Company's opinion, such tardiness interferes with the orderly operation of the Company's business or cause any other employees or supervisors operations or disciplinary problems if such employee has been previously warned in writing.

Section 20.8 While an employee is required to give prior written notice of absence if possible each work day to be telephoned to the supervisor on duty, such contacts will not excuse an absence from possible disciplinary action. In the event the supervisor is not available, the employee will contact the Fuel Service Center.

Section 20.9 It is agreed by the Union and the Company, that even though an employee does not have sufficient absences or tardiness to merit termination or discipline, the Company will be entitled nevertheless to consider the employee's current attendance and overall work record for the purpose of promotion.

Section 20.10 This CBA recognizes and will follow PWS paragraph 1.20.2 and Appendix F as is stated in contract #FA8 101 -12C-0001.

ARTICLE 21

SENIORITY

Section 21.0 Seniority shall be accrued from the date of employment except as otherwise provided for in this agreement. For the purpose of seniority, service, and Article 25, Data Monitor Systems, Inc. and Doss Aviation, Inc. will be considered one employer under the contract. All employees hired from the date of this agreement, will work on a sixty (60) calendar day probationary period. After their sixty (60) day probationary period, their seniority date will be the employee's date of hire.

a. The seniority list shall be updated December 1" of each year, and posted on January 1'' of each year. Employees shall have thirty (30) days after posting to advise the Employer of proposed corrections required thereon. Errors are to be given to the Company in writing and the error to be amended on the current list and the final correction to be entered on subsequent lists.

b. Disputes as to seniority listing may be processed under the Grievance Procedure.

c. The Union Steward and Union Business Agent shall each be given a copy of the current seniority lists, and a certified copy will be received within five (5) days at the union office.

The day Union Stewards and Union Business Agent will be notified of any changes on the seniority list.

Section 21.2 The employee shall lose his seniority and have his employnient terminated under the following conditions:

a. He quits or resigns.

b. He is discharged for just cause.

c. He does not return to work within fourteen (14) days after the date of receipt of certified notice recalling him from layoff.

d. He fails to return to work at the end of an authorized leave-of-absence.

e. Is on a layoff status for eighteen (1 8) months.

Section 21.2 If employees have the same date of hire, their position on the Seniority List shall be established by which employee punched in for work assignment first. Midnight will constitute the beginning of the day.

Any non-bargaining unit employee transferring into the bargaining unit after the signing of this agreement will be placed at the bottom of the seniority roster.

Section 21.3 The Union recognizes the right of the Company to hire part-time employees. The Company shall maintain four (4) seniority lists, one for full time operators/dispatchers, lab technicians, accounting employees, and one part time operators/dispatchers. Full-time employees will have the right to exercise seniority over any part-time employee for any position.

a. If the Company exceeds the amount of 900 part time hours in any month, with the exception of vacation, military and workman's compensation fill-in hours, the Company will hire to full-time by group seniority from the part-time seniority list.

b. Part-time employees will not be available for any work that exceeds the 900 hours in any month, with the exception of vacation, military and workman's compensation fill-in hours.

c. On the first Monday of January and August of each year, the bulletining of part-time shifts or vacancies shall consist of the number of days, classifications, the rate of pay, the days to be worked and the starting and stopping times of the assignment. Part-time personnel will be required to bid or pass the shift by part-time group seniority in person or by phone. On the third Monday of January and August, if the above process has not been completed the Company will begin to call employees in accordance with part-time group seniority, with calls verified by the union steward or alternate, until the above process is completed.

Section 21.4 Employees who have completed their probationary period may exercise their seniority when laid off. For purposes of lay-off, those employees on the full-time seniority list shall be considered to have super seniority over those employees on the part-time list. Accordingly, full-time employees may displace part-time employees regardless of their relative years of seniority. Upon exhausting the seniority roster, the Company shall call in part-time employees by group seniority.

Section 21.5 In the event of lay-off, seniority shall prevail.

Section 21.6 The Company agrees to hire for future regular employment from the part-time seniority list in the order in which the part-timer was placed on the list. The seniority date for full-time employment shall be the date the part-timer is put on the regular seniority list.

Full-time employees will be allowed to change status to the part-time seniority roster and cany the employee's existing seniority date to the part-time list. Should the same employee wish to return to full-time status, the employee may do so, subject to Company approval, and will cany a new seniority date, which shall be his new hire date to the full-time seniority roster.

Section 21.7 Part-time employees may grieve any violations of this Article or any discipline, Section 21.8 The Company agrees not to establish qualifications for employment for the purpose of evading the terms of this Agreement or discriminating against union members. Violation of this provision shall be subject to the grievance procedure.

Section 21.9 Subterfuge or abuse of this Article is subject to the grievance procedure.

ARTICLE 22

UNIFORMS

Section 22.0 The Company will furnish all employees whose type of work requires it, certain items of safety and protective clothing, such as safety gloves, (i.e., LOX and liquid nitrogen), rubber boots, including uniforms consisting of (6) pants and (6) shirts for full-time employees and if over the course of two full pay periods a part-time employee is scheduled to work more than three (3) days per week, heishe will receive one more uniform than average scheduled days. One jacket will be furnished. This amount may be increased upon management discretion. All uniform clothing must be returned upon voluntary resignation or discharge prior to receiving final check. These uniforms are to be furnished by the Company, including other types of special clothing or equipment, which has been determined by the Company and the Union to be required to protect the safety and health of the involved employees.

Section 22.1 The Company will reimburse employees up to a maximum of $375.00 per contract year, October 1 to September 30. These funds will be used for the purchase of seasonal overalls, work gloves, personal protective equipment (PPE), ear protection, safety shoes or other foul-weather gear. Employees will be reimbursed for these purchases within 14 days of when the purchase receipt is presented. The receipt should clearly identify the safety item(s). Items purchased must conform to the appearance and safety requirements of the contract and the Company policy.

ARTICLE 23

SUB-CONTRACTING

Section 23.0 It will be Company policy to avoid, whenever practicable, placing work with outside contractors when to do so would result in the layoff of employees on the active payroll, or would result in the failure to call employees already on layoff status and having recall rights.

Section 23.1 All subcontracting work will be bound by the Collective Bargaining Agreement.

ARTICLE 24

TRAINING PROGRAMS

Section 24.0 Whenever it is practicable to do so, when the employer requires new equipment for which special training is needed, it is agreed that the present employees in the bargaining unit shall be afforded the opportunity to be trained and qualified to operate such equipment before a new employee is hired to operate such equipment. Company supervisors or foremen may operate all equipment and facilities when training employees in order to secure maximum safety in operating procedures

Section 24.1 The Company will provide extensive cross-training opportunities on-the-job to increase the employee's value to the Company, to release boredom, and to enhance the employee's abilities and self image.

The Company and the Union shall jointly establish a reasonable system for the employees to qualify.

ARTICLE 25

EXAMINATION AND IDENTIFICATION FEES

Section25.0 Badges, physical, mental, or drug testing must be promptly obtainedlcompleted by all employees. Once hireditransferred, if an employee needs to renew his CDL or HazMat certification for his job, the Company will reimburse these costs upon proof of receipt after the employee has completed his probationary period (as defined in Article 21). All other employees who have completed their probationary period and whose job require it, will be reimbursed the cost of renewal for their CDL or HazMat certification after submitting receipts for such to the Company. All efforts should be made to obtain/complete any of the above during work hours but if that is not possible, the company will pay for two (2) hours of the employee's time spent. Drug test results from an approved laboratory will be accepted by the Company and the Union.

Section 25.1 The Company reserves the right to select its own medical examiner or physician, and the employee may, if he believes an injustice has been done, be re-examined at the employee's expense. In the event of disagreement between the doctor selected by the Company and the doctor selected by the employee, the Company and Union shall together select a third doctor within ten (10) days, whose opinion shall be final.

ARTICLE 26

WAGES AND CLASSIFICATIONS

Section 26.0 The classifications and rates of pay applicable to each job classification are set forth in Wage Schedule "A".

Section 26.1 When an employee works in a higher rated classification than regularly assigned, he shall receive the higher rate of pay for the period of time he actually performs such work. When an employee works in a lower rated classification than regularly assigned, he shall receive his regular rate of pay for all such lower rated work performed. Any employee permanently moved into a lower classification rate will be paid at that lower rate.

ARTICLE 27

COMPENSATION CLAIMS

Section 27.0 The Company agrees to promptly file appropriate paperwork regarding on-the-job injury claims, when such claims are due and owing as required by law. The Employer shall provide Workmen's Compensation protection for all employees. An employee who is injured on the job and is sent home or to a hospital, or must obtain medical attention, as requested by the Company, shall receive pay at the applicable hourly rate for the balance of his regular shift on that day, if it is determined by the doctor that the employee is unable to return.

ARTICLE 28

HEALTH AND WELFARE

Section 28.0 The only Agreement between the Company and the Union parties to this Agreement regarding health and welfare benefits for employees covered by this Agreement is as follows:

a. The Company will pay the current contract rate to the employees directly, for the purchase of health and welfare benefits not covered under this agreement as stated in the attached "Addendum 'A'." Such payments will be paid on all hours paid, including vacation; holiday and sick hours paid, but shall not exceed forty (40) hours per week.

ARTICLE 29

401(k) PLAN

Section 29.0 The Company will contribute to a 401(k) account on behalf of the employees at the rate defined in the attached "Addendum 'A'." The employer contribution will be paid on all hours paid, including vacation, sick, holiday, jury duty, bereavement and company paid leave, up to eighty (80) hours per pay period if paid on a bi-weekly basis and forty (40) hours per week if paid semi-monthly, for each full-time and part-time employee covered by this agreement.

Section 29.1 If the company is aware of a change in the 401(k) plan, the company will notify the union at least sixty (60) days in advance or sooner.

ARTICLE 30

DEFECTIVE EQUIPMENT AND DANGEROUS CONDITIONS OF WORK

Section 30.0 The Company shall not require employees to operate any vehicle that is not in safe operating condition or equipped with the safety appliances prescribed by law. It shall not be a violation of this Agreement where employees refuse to operate such equipment unless such rehsal is unjustified.

Section 30.1 Under no circumstances will an employee be required or assigned to engage in any activity involving dangerous conditions of work or danger to person or property or in violation of a government regulation relating to safety of person or equipment. The term "dangerous conditions of work" does not relate to the type of cargo which is hauled or handled. Any employee involved in any accident shall immediately report said accident and any physical injury sustained, when required by his Employer. The employee shall make out an accident report in writing on forms furnished by the Company and shall turn in all available names and addresses of witnesses to the accident. Employees shall immediately, report all defects of equipment. Such reports shall be made on the suitable form furnished by the government.

Section 30.2 When the occasion arises where an employee gives written report on forms in use by the Company of a vehicle being in an unsafe working or operating condition, and receives no consideration from the Company, he shall take the matter up with the officer of the Union, who will take the matter up with the Company.

ARTICLE 31

NO STRIKE, NO LOCKOUT

Section 31.0 The Union and its officials agree that during the life of this Agreement it shall not cause and shall not authorize nor sanction nor assist its members to take part in any strike, walkout, sit-down, work

I6 stoppage, slowdown, or any curtailment of work or restriction of production or interference with production of the Company. The Company agrees that during the life of this Agreement, it will not lockout the employees.

Section 3 1.1 The Company shall have the authority to properly discipline, including discharge in the event the Union Steward or any employee has taken or participated in unauthorized strike action, slowdown or work stoppage in violation of the Agreement.

ARTICLE 32

EMERGENCY REOPENING

Section 32.0 In the event of war, declaration or emergency or imposition of economic controls during the life of this Agreement, either party may re-open the same upon sixty (60) days written notice and request re-negotiation of matters dealing with wages and hours. There shall be no limitation of time for such written notice. Upon the failure of the parties to agree in such negotiations, within sixty (60) days thereafter, either party shall be permitted to support its request for all parties will cooperate to the utmost to attain such approval.

The parties agree that the notice provided herein shall be accepted by all parties as compliance with the notice requirements of applicable law, so as to permit economic action at the expiration thereof.

ARTICLE 33

SHlFT BIDDING

Section 33.0 Seniority rights shall govern all cases where qualifications, physical fitness or ability to perform the required work are relatively equal. The terms fitness or ability shall not be used for the purpose of discrimination against any employee or for the purpose of invalidating the tenns and conditions of the Agreement.