T-Square_CBA_Feb_12_-_Jan_16_(24_May_12).pdf

COLLECTIVE BARGAINING

AGREEMENT

between

T. Square Logistics Services and

Teamsters Local Union No. 957

General Truck Drivers, Warehousemen, Helpers, Sales and

Service, and Casino Employees at the

FUELS DISTRIBUTION SUPPLY PROJECT

Wright-Patterson Air Force Base, Ohio

Effective February 1, 2012 through January 31, 2016

Please Note – this information is provided, at the Union’s request, as a courtesy to employees and is not part of the CBA.

GET A WITHDRAWAL CARD

FROM YOUR LOCAL UNION WHEN LEAVING THE

CRAFT

IF you are hurt on the job and will be off more than 30 days, GET A WITHDRAWAL CARD!

IF you are hurt off the job and will be off more than 30 days, IF you are laid off and not working at all for 30 days or more, IF you leave the craft for any reason and fail to get a withdrawal card, after ninety (90) days, you are automatically suspended by the Constitution and must pay a re-initiation fee and all back dues.

Your dues must be paid for the month in which you are taking a withdrawal card, and you must obtain the withdrawal card by the tenth (10th) day of the following month or you will be responsible for that month’s dues.

YOU CANNOT WORK ON A WITHDRAWAL CARD! If you work one day in any month, you owe dues for that month.

If you have any doubt on the above, CALL YOUR LOCAL

UNION OR YOUR BUSINESS AGENT!

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Table of Contents

PREAMBLE 1

ARTICLE I RECOGNITION 2

ARTICLE II MANAGEMENT RIGHTS 2

ARTICLE III UNION-COMPANY COOPERATION 3

ARTICLE IV NO STRIKE NO LOCKOUT AND WORK STOPAGES 4

ARTICLE V CONTRACT MATTERS 5

ARTICLE VI UNION SECURITY 5

ARTICLE VII EMPLOYEE DISCIPLINE AND

EMPLOYEE ATTENDANCE 6

ARTICLE VIII EQUAL EMPLOYMENT OPPORTUNITY 9

ARTICLE IX GRIEVANCE AND ARBITRATION PROCEDURE 9

ARTICLE X PHYSICAL EXAMINATIOINS/HAZ MAT/

DRUG FREE WORKPLACE 12

ARTICLE XI WORKING CONDITIONS 12

ARTICLE XII SENIORITY 14

ARTICLE XIII WORKWEEK, HOURS OF WORK AND PAY 16

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ARTICLE XIV VACATION 17

ARTICLE XV SICK LEAVE 20

ARTICLE XVI BEREAVEMENT LEAVE 20

ARTICLE XVII JURY DUTY 21

ARTICLE XVIII MILITARY LEAVE 21

ARTICLE XIX HOLIDAYS 22

ARTICLE XX GROUP INSURANCE 23

ARTICLE XXI LEAVES OF ABSENCE WITHOUT PAY 24

ARTICLE XXII PAY IN LIEU OF NOTICE OF TERMINATION 25

ARTICLE XXIII SAFETY 26

ARTICLE XXIV D.R.I.V.E. 27

ARTICLE XXV TERM OF AGREEMENT 27

APPENDIX A WAGE SCHEDULE 29

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COLLECTIVE BARGAINING AGREEMENT

between T. SQUARE LOGISTICS SERVICES and

TEAMSTERS LOCAL UNION NO. 957

THIS COLLECTIVE BARGAINING AGREEMENT (“Agreement”), is made and entered into effective February 1, 2012, by and between T. Square Logistics Services, _______________________________(“T. Square” or the “Company”) and Teamsters Local Union No. 957 General Truck Drivers, Warehousemen, Helpers, Sales and Service, and Casino Employees, an affiliate of the International Brotherhood of Teamsters (the “Union”) (each a “Party,” and collectively the “Parties”).

PREAMBLE

Whereas, the Company was awarded Contract No. FA8601-12-C-0038 (the “Contract”), by the U.S. Air Force (the “Government”) for the operation of the Fuels Distribution Supply Project ( the “Project”) at Wright-Patterson Air Force Base, Ohio (the “Base”), for a six-month base period from February 1, 2012 through July 31, 2012, with three successive two (2) month extension options exercisible at the Government’s sole discretion; and

Whereas, the Union is the certified collective bargaining representative for all fuels specialist personnel employed on the Project at the Base, and has represented such personnel in negotiating previous Collective Bargaining Agreements (“CBAs”) with the predecessor contractors performing the same services, including Four Winds Services, Inc. (“Four Winds”) and Shiloh, including a CBA with Four Winds which was effective from October 1, 2009 through September 30, 2012; and

Whereas, the Parties desire to establish a standard of conditions under which the bargaining unit employees shall work for the Company during the term of this Agreement, and to provide for rates of pay, hours of work and other conditions of employment for such bargaining unit employees to the end that their mutual relations may be regulated with a view of securing harmonious cooperation and to provide procedures for the prompt and equitable adjustment of all grievances and disputes that may arise during the life of this Agreement;

NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the Parties agree as follows:

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ARTICLE I

RECOGNITION

1.1. The Company hereby recognizes the Union, pursuant to Section 9(a) of the Labor Management Relations Act of 1947, as amended, as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for all Company employees in the Unit as set forth by the National Labor Relations Board in Case No. 9-RC-14309.

1.2. The Unit certified by the National Labor Relations Board in Case No. 9-RC-14309, is as follows:

INCLUDED: All Fuels Specialist personnel employed by the Company at Wright Patterson Air Force Base, Fairborn, Ohio.

EXCLUDED: All office clerical employees, all professional employees, guards, lab technicians and supervisors, as defined in the Act.

ARTICLE II

MANAGEMENT RIGHTS

2.1. The Union acknowledges and agrees that the Company shall have the exclusive right and authority to administer and/or 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.

2.2. Without attempting to list herein all of the Company’s management rights, the rights and authority of the Company shall include, among other rights, the right to exclusively direct the bargaining unit employees; the right to assign and transfer bargaining unit employees; the right to determine starting and quitting times, the number of hours to be worked and the right to assign and require that overtime and/or callbacks be worked; the right to make, promulgate, change and enforce bargaining unit employees work and safety rules, regulations, policies and practices; the right to discipline and discharge bargaining unit employees for cause; the right to expand, sell, transfer and/or terminate all or part of the Company’s operations; the right to determine the number of bargaining unit employees needed at any job; the right to plan, direct and control operations; and the right to judge each bargaining unit employee's ability, fitness, competence and overall contribution to the Company's operation.

2.3. This Agreement is the entire and complete agreement between the Company and the Union with respect to wages, benefits and terms of employment, and any prior oral or written understanding relating to these topics, whether by past custom and practice or otherwise, which is not incorporated in this Agreement shall be null and void and shall be of no effect and shall not be binding on either of the Parties.

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

ARTICLE III

UNION-COMPANY COOPERATION

3.1. The Union recognizes the need for improved methods and output in the interest of the bargaining unit employees and the business, and agrees to cooperate with the Company in the installation of such methods, in suggesting methods and in the education of its members in the necessity of such changes and improvements. The Union also agrees to cooperate in correcting inefficiencies of bargaining unit employees who might otherwise be discharged.

3.2. The Company recognizes the right of the Union to designate one (1) Steward and two (2) alternate Stewards to handle such Union business as may, from time to time, be delegated to them by the Union. The Stewards must be full-time bargaining unit employees covered by this Agreement. When a Steward is changed, the Union will furnish the Company with the name of the replacement Steward (or successor) in writing within ten (10) days after the change, and no Steward shall function as such until the Company is notified of his/her appointment or selection by the Union.

3.3. Any official Union representative may request permission of the Company to come on the Company’s premises for the purpose of investigating grievances or for the purpose of attending meetings with the Company; provided, however, such Union representative shall request and secure prior permission from the Company’s Project Manager, or such person’s designated representative, shall comply with and be subject to all Base access and security requirements and limitations, and such approved visits shall not interfere with the operation of the Company's business or the interests of the United States Government.

3.4 In the event of changes to the Company’s contract with the Government for the operation of the Fuels Distribution Supply Project at Wright-Patterson Air Force Base, Ohio that in any way impact bargaining unit employees, the Company shall notifiy the Union of such changes within two business days (i.e., not including Saturdays, Sundays or Holidays). The Union and the Company shall strive to reach an agreement to address any change that has the potential of impacting the bargaining unit. In this regard, the Company has the final decision. This Section is not subject to the grievance and arbitration procedure in Article IX below.

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ARTICLE IV

NO STRIKE, NO LOCK-OUT AND WORK STOPAGES

4.1. During the term of this Agreement, the Union will not permit, sanction, call, acquiesce or engage in any strike, sympathy strike, wildcat strike, sit-down, slow-down, picketing or any other kind of work stoppage or interference with or against the Company, directly or indirectly, or against any other person or entity working with the Company for any reason.

4.2. During the term of this Agreement, the Union shall not establish a picket line against the Company for any reason at any of the Company’s places of business, nor shall any bargaining unit employee refuse to cross or work behind any picket or strike line of any union or other organization, including the Union signatory to this Agreement.

Furthermore, during the term of this Agreement, the Union agrees that it will not, directly or indirectly, picket or handbill any of the Company’s customers because of a dispute with the Company.

4.3. The Company and the Union agree that it is the intent of this Agreement to prohibit, outlaw and make illegal, any kind of strike, sympathy strike, work stoppage, slow-down or picketing, regardless of the type and regardless of the reason that such action or inaction is taken. The Union shall have responsibility for making sure that any and all such conduct shall not take place during the term of this Agreement, and the Union shall have the legal responsibility for taking immediate action to see that any such action or inaction is immediately terminated. Should the Union violate any provision of this Article during the term of this Agreement, the Company shall have the right to seek immediate redress in the appropriate court having jurisdiction. The Company will not be required to arbitrate or otherwise process such a matter through the Grievance and Arbitration Procedure of this Agreement.

4.4. During the term of this Agreement, any bargaining unit employee who participates in any strike, sympathy strike, sit-down, slow-down, picketing, refusal to cross a picket line, or any other work stoppage or interference with or against the Company, directly or indirectly, or against any other person or entity at or working with the Company for any reason, may be discharged by the Company, and only the question of such bargaining unit employee's participation, or non-participation, shall be subject to review under the Grievance and Arbitration Procedure outlined in this Agreement, provided, however, that no arbitrator shall have the right to reduce the penalty or discipline imposed by the Company if it is found that the bargaining unit employee or bargaining unit employees participated in such conduct.

4.5. During the term of this Agreement, the Company agrees not to lock-out bargaining unit employees; provided, however, that discharges, suspensions, layoffs or reductions in force shall not be considered to be lock-outs.

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ARTICLE V

CONTRACT MATTERS

5.1. If any part of this Agreement is rendered or declared invalid by reason of any existing or subsequently enacted legislation, valid governmental regulation or order, or by decree of a court of competent jurisdiction, or does not conform with the Service Contract Act, the invalidation of such part of this Agreement shall not affect or invalidate any of the remaining parts of this agreement, and the same shall continue in full force and effect.

5.2. The Parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at between the Company and the Union after the exercise of that right and opportunity are set forth fully and completely in this Agreement. Therefore, the Parties, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject and matter may not have been within the knowledge or contemplation of either or both the Company and the Union at the time they negotiated or signed this Agreement.

5.3. This Agreement contains the full and complete Agreement between the Parties with respect to wages, benefits and terms of employment for the full term of the Agreement.

Where this Agreement is silent, the Company, its employees and the Union shall be subject to applicable state and federal laws and rules and regulations thereunder pertaining to wages, hours and the terms and conditions of employment and the Company’s Employee Handbook.

ARTICLE VI

UNION SECURITY

6.1. All present bargaining unit 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 bargaining unit employees who are not members of the Union, and all bargaining unit employees who are hired thereafter, shall become and remain members in good standing of the Union as a condition of employment on and after the thirty-first (31st) day following the bargaining unit employee’s date of hire.

This provision shall be made and become effective under the provisions of the National Labor Relations Act, but not retroactively.

6.2. The Company agrees to deduct from the pay of all bargaining unit employees covered by this Agreement, the dues, initiation fees and/or uniform/building assessments of the Union having jurisdiction over such bargaining unit 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 bargaining unit

- 6 -employee, the same is to be furnished to the Company by the Union in the form required. No deduction shall be made which is prohibited by applicable law. Where a bargaining unit employee who is on the check-off is not on the payroll during the pay period in which the deduction is to be made or has no earnings or insufficient earnings during that period or is on leave of absence, the bargaining unit employee must make arrangements with the Union to pay such dues in advance.

6.3. The Company will recognize the employee’s written 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 authorizations shall be recognized if in violation of state or federal law, and no such deductions shall be made that are prohibited by applicable law. The Steward will obtain check-off authorizations from new bargaining unit employees authorizing the deduction of Union dues and assessment fees. After obtaining such authorizations, the Steward will give the authorizations to the Company’s Project Manager. The initiation fee is currently $125, and monthly dues are two and one half (2-½) times the hourly rate of pay (without fringe benefits, such as health and welfare, and without shift differential pay) rounded to the nearest dollar. The bargaining unit employee can pay the initiation fee up front, have the Company deduct the initiation fee from the employee’s first paycheck or have the Company deduct the initiation fee over a period of up to four (4) pay periods (representing two (2) months) in equal amounts. Dues are taken out of each of the two pay periods per month in equal amounts. All bargaining unit employees, whether full time or part time, are required to pay the initiation fee plus the monthly dues. If a bargaining unit employee does not work during a month, such employee can receive a withdrawal card for $.50 from the Union. The Steward has this information and can give a description of the associated benefits.

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 any action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article, or in reliance on any list, notice or assignment furnished under any of such provisions.

ARTICLE VII

EMPLOYEE DISCIPLINE AND EMPLOYEE ATTENDANCE

7.1. The Company retains the management rights to discipline a bargaining unit employee for just cause. All bargaining unit employees covered under this Agreement shall be treated equally and fairly.

7.2. Before disciplinary suspension or discharge of a bargaining unit employee is made final, the Company shall notify the bargaining unit employee and his/her Union representative as to the charges against the bargaining unit employee. The bargaining unit employee and his/her Union representative shall be given a full opportunity promptly to present any defense to such charges to the Company. A bargaining unit employee may be temporarily suspended from work pending the completion of the investigation;

but, if upon completion of the investigation, it is determined that no suspension or

- 7 -discharge penalty should be imposed, the bargaining unit employee will be paid for any time lost from regular work during such suspension.

7.3. Upon completion of the investigation, the Company will make discipline effective without delay and by written notice to the bargaining unit employee, with copies promptly furnished to the authorized Union representative and promptly mailed to the Union at 2719 Armstrong Lane Dayton, Ohio 45414. If the bargaining unit employee or the Union feels that the action is not justified, a claim for unjust discipline may be made and appealed in the manner provided in the Grievance and Arbitration Procedure in Article IX of this Agreement.

7.4. A bargaining unit employee proven to have been suspended from work or discharged without just cause will be returned to his/ her former position and will be paid for all time lost, or granted such other relief as may be agreed upon by the Union and the Company or determined by an arbitrator in an arbitration procedure under this Agreement.

7.5. Dishonesty, drinking or being under the influence of alcoholic beverages or drugs while on duty or 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 termination.

7.6. The Company will furnish each of its bargaining unit employees and the Union a copy of the Company’s Employee Handbook. The Company considers that none of the provisions of such Employee Handbook are in conflict with any of the provisions of this Agreement and that the provisions of such Emplyee Handbook are reasonable and necessary for safe, effective and efficient operation. The Company reserves the management right to amend its Employee Handbook 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 facilities and operations, but no such amendment may be contrary to any term or provision of this Agreement. The Union reserves the right to protest the reasonableness, the interpretation or the application of the provisions of the Employee Handbook, or any amendment thereto, through the Grievance and Arbitration Procedure in Article IX of this Agreement. By executing this Agreement, the Union does not waive its right to contend that a provision in the Employee Hanbook or any amendment thereto is contrary to this Agreement or unreasonable, that the Company has improperly interpreted such provision, or that the Company has applied such provision in an arbitrary or unreasonable manner. In no case shall imposition of a penalty provided in the Employee Handbook be deemed arbitrary or capricious.

In general, the Company will follow the principle of progressive discipline in administering discipline to its bargaining unit employees; however, the Company reserves the right to determine, when the serious nature of an employee's offense requires, that the Company take immediate and severe disciplinary action, up to and including termination. Except in the foregoing instance, a bargaining unit employee generally shall receive a first step verbal counseling, documented, for any and all offenses prior to any request for discharge; however, before any employee is discharged, the employee will be placed on administrative leave pending a hearing with the Union, as contemplated in Article 7.2 above. The Company will not discharge or suspend a non-probationary employee without just cause.

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Records of disciplinary actions shall be disregarded and shall not be considered for progressive disciplinary action at the expiration of the periods outlined below, provided the bargaining unit employee has no intervening disciplinary action:

Discipline Time Period Written Warning 6 Months Suspension 9 Months

7.7. The Company needs every bargaining unit employee working as required to ensure that production and customer service are maintained. All bargaining unit employees scheduled for work and finding it necessary to be absent from work shall notify the Supervisor/Lead person on duty as soon as possible, but no later than two (2) hours before the scheduled shift. A bargaining unit employee must report and state the reason for his or her absence each day that he/she is absent. In the event the Supervisor or Lead Person is not available, the bargaining unit employee will contact the Resource Control Center.

7.8. The Company may discipline a bargaining unit employee for just cause. The bargaining unit employee may be disciplined for unexcused or excessive absences as follows:

(1) Unexcused absences on three (3) consecutive workdays,

(2) Unexcused absences on four (4) workdays during any four (4) month work period, or

(3) Excessive unexcused absences or tardiness, if such bargaining unit employee has been given prior warning in writing following the progressive steps of discipline.

For purposes of this Agreement, an “unexcused absence” is any non-previously authorized absence (such as authorized vacation, jury or bereavement leave) which the employee does not timely report to the Company in advance of the scheduled reporting time.

7.9. While a bargaining unit employee is required to give prior notice of absence if possible each workday by telephone to the Lead Person/Supervisor on duty, such contact will not excuse an unexcused absence from possible disciplinary action. In the event the Supervisor or Lead Person is not available, the bargaining unit employee shall contact the Resource Control Center.

7.10. In all disciplinary actions initiated by the Company, the Steward shall be present and paid for all time. All write-ups shall be copied to the Union and the Steward. The Company shall cooperate fully in resolving grievances by allowing the Steward use of the telephone, copier, etc., at the Contract site in the investigation of said grievances.

7.11. The Company agrees to follow the aforementioned provisions when disciplining bargaining unit employees. Any discipline that does not follow the rules as outlined in this Article will be null and void.

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ARTICLE VIII

EQUAL EMPLOYMENT OPPORTUNITY

8.1. The Parties agree that no bargaining unit employee will be discriminated against because of his or her race, color, national origin, religion, creed, ancestry, age, gender, sexual orientation, genetic information or any other basis prohibited by applicable Federal, State or local laws.

8.2. The Parties agree that no bargaining unit employee will be discriminated against because of age, disability, or veteran status in violation of the applicable Federal statutes covering these matters.

8.3. The Union agrees that it will promptly notify the Company in writing of any claim that the Union may have that the Company has engaged in employment discrimination against any bargaining unit employee.

ARTICLE IX

GRIEVANCE AND ARBITRATION PROCEDURE

9.1. Grievance

Any differences, disputes or complaints arising over the interpretation of application of the contents of this Agreement, which cannot be resolved between a bargaining unit employee and the Company, shall be a grievance, and to be timely shall be submitted in writing by the aggrieved party within ten (10) calendar days of its occurrence or ten (10) calendar days of the aggrieved bargaining unit employee's knowledge of its occurrence.

In group grievances other than disciplinary matters, the Union will designate appropriate representatives from the group to appear at the grievance hearing(s), but not more than four (4).

9.2. Supervisor/Steward

There shall be an earnest effort on the part of all parties to settle grievances promptly through the following steps, with the aggrieved party present. By mutual agreement relevant bargaining unit employee witnesses may be asked to appear and shall be paid for all time.

Prior to processing a written grievance, a discussion of the issue must occur between the bargaining unit employee and a relevant supervisor. If the problem is not resolved, the issue is moved to Step 1.

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Step 1--Project Manage/Steward

A conference will be initiated by the Steward, to include the aggrieved bargaining unit employee, the Project Manager and the Steward. Upon receipt of the written grievance, the Project Manager will give his written answer within seven (7) calendar days of this meeting. The Steward will advise the Project Manager in writing within ten (10) calendar days of the Project Manager’s answer as to whether the grievance is settled or will be moved to the next grievance step, Step 2.

Step 2--Company Human Resources Representative

The Union Business Representative will arrange a conference call with the Company Human Resources representative within fifteen (15) calendar days of the Steward's notice to move such grievance. The Steward and Project Manager may attend if required by either party. The Company Human Resources representative shall give the Company's written reply to the grievance within ten (10) calendar days of the Step 2 meeting/conference call. The Union Business Representative should advise the Company Human Resources representative, in writing, within seven (7) calendar days of receipt of the written reply from the Company Human Resources representative as to whether the grievance is settled or being moved to the next grievance step, Step 3.

Step 3--Business Representative/President/CEO or COO

If the grievance is to be moved to Step 3, the Union Business Representative will arrange a conference call with the President/CEO or COO or their designated representative within ten (10) calendar days of the Union Business Representative’s decision to move the grievance. The President/CEO or COO or designated representative will give his/her written decision within ten (10) calendar days of the Step 3 meeting/conference call. The Union Business Representative will advise the Company, in writing, of the Union’s intent to either accept the Company's decision or move the grievance to Step 4 or Step 5 within ten (10) calendar days of receipt of the President/CEO or COO decision. The appropriate Steward shall be permitted to attend Steps 3, 4 and 5 of the grievance procedure.

Step 4--Non-Binding Mediation

If the grievance cannot be satisfactorily resolved at Step 3, a grievance may be submitted to non-binding mediation by a request of the Company or the Union to the Federal Mediation and Conciliation Service located on Poe Avenue in Dayton, Ohio.

Such request must be made during the time period after the Company gives its written Step 3 answer and before the Union’s time limitations on providing written notice to arbitrate expires. Once such a request is made, the time limits for seeking arbitration (Step 5) will be extended. If satisfactory solution cannot be reached through mediation, the Union may proceed to Arbitration under Step 5 and Article 9.3. Time spent by the grievant and Steward(s) in attending mediation will be without loss of pay.

Step 5--Requests for Arbitration

In the event an agreement is not reached at Step 3, or, if non-binding mediation is conducted, at the conclusion of Step 4, the grievance may be submitted to arbitration.

Such decision to move to arbitration must be done by either of the Company or the

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Union within thirty (30) calendar days of the conclusion of Step 3 or, if included, the Step 4 impasse, or the grievance is considered resolved.

Any of the participants in the previous steps may attend if required by any party to the grievance.

9.3. Arbitration

If the grievance is submitted to arbitration, it shall be incumbent upon both parties to the grievance to select the arbitrator within ten (10) calendar days. Upon ratification of this Agreement, the Parties’ representatives will select a permanent panel of arbitrators consisting of at least nine names. Either Party reserves the right to permanently strike members of the panel, and both Parties will meet to agree upon the replacement of any stricken panel members. The Parties will place the names of the arbitrators from the agreed upon panel of arbitrators on separate pieces of paper and place the pieces of paper into a container. The Parties will alternate removing a name of an arbitrator from the container until only one name remains in the container. The last name remaining in the container shall be the arbitrator for that grievance. Once an arbitrator is selected for an arbitration and actually presides over an arbitration hearing, that arbitrtor shall not be eligible to hear another grievance until all other arbitraors have been used at an arbitration hearing, unless otherwise agreed to by the Parties.

The arbitrator may interpret this Agreement and apply it to the particular case presented to him/her; but he/she shall have no authority to add to, subtract from or in any way modify the terms of this Agreement or any Agreements made supplementary hereto.

The decision of the Arbitrator shall be final and binding. The expenses of the arbitration shall be borne jointly by the Union and the Company.

9.4. Time Limits/Other restrictions

Time limits set forth above may be extended by mutual agreement confirmed in writing.

However, the Parties recognize the desirability of resolving all grievances as expeditiously as possible, and each agrees to cooperate to expedite all resolutions, whether by arbitration or otherwise.

Either party to a grievance may decline to discuss any grievance where the procedure outlined above has not been followed. If the Company otherwise fails to answer the grievance at any stage within the allotted time, the grievance shall be deemed granted.

Similarly, if the Union fails to advance the grievance within the allotted time, the grievance shall be deemed denied.

The Company’s Human Resources representative and/or the Steward shall have the right to call a Step 3 level conference with the other Party to discuss other issues.

Grievances must cite the specific Agreement provision allegedly violated. Likewise, the Company’s answer must state the basis for the Company’s decision.

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ARTICLE X

PHYSICAL EXAMINATIONS/HAZ MAT/DRUG FREE WORKPLACE

10.1. When and if the Government shall require U.S. Department of Transportation (“DOT”) physical examinations, the Company will provide them at no cost to its bargaining unit employees. Results of the examinations must be made available to the individual bargaining unit employee and the Company.

Any bargaining unit employee who desires to have his/her DOT physical performed by his/her physician of personal choice will be required to pay for said examination. The physician must be board certified and licensed to practice in the State of Ohio. When DOT physical examinations are conducted outside a bargaining unit employee's working hours, the Company shall pay the bargaining unit employee two (2) hours at the employee’s then regular hourly rate. For this Article only, these two (2) hours will not be used in the calculations for any overtime premium.

If bargaining unit employees are required to take DOT physcial examinations during their working hours, they will be paid at their regular hourly rate for time spent in those examinations and for actual travel time going from their work location to the examination location and return from the examination location back to the work location.

10.2. The reasonable and customary expenditures associated with state and local government compliance with the Homeland Security Act, including a Haz Mat background check and finger printing every four (4) years or as otherwise required by the State of Ohio, will be a paid expense by the Company, reimbursed to the employee within thirty (30) calendar days of the employee’s submission of receipts/proof of payment.

10.3. Testing for alcohol and drugs is to be in compliance with the Drug Free Workplace Act of 1988, DOT Drug Testing Requirements and the Company Employee Handbook, as applicable.

ARTICLE XI

WORKING CONDITIONS

11.1. Bargaining unit employees working in excess of eight (8) hours a day or forty (40) hours per week are entitled to overtime pay at one and one-half (1-1/2) times their regular rate of pay for each hour worked over eight (8) hours per day or forty (40) hours per week. Rate of pay is defined as the hourly rate, without shift differential and without pension/additional benefit.

11.2. There shall be no pyramiding of premium or overtime pay under this Article or any other provision of this Agreement. Where more than one overtime or premium rate is provided for in this Agreement, only the highest rate shall apply.

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11.3. Bargaining unit employees who are called in during off hours or days off will be paid a minimum of four (4) hours pay, including shift differential, if applicable, and pension/additional benefit.

11.4. The Parties agree to establish from the bargaining unit a Lead Fuel Operations Specialist, hereafter referred to as the Lead/Controller, for use in the absence of a supervisor. It is the responsibility of the Company to make the final selection of the personnel chosen for this assignment. Due regard will be given to the education, training and experience level of the person selected. The selection will be based on seniority amongst those bargaining unit employees possessing the requisite abilities and fitness to perform the work.

When more than one (1) bargaining unit employee is working any eight (8) hour shift and no supervisor is on duty, a temporary lead operator designated by the Company may be appointed from the bargaining unit to be responsible for the operations and personnel during the period assigned.

This lead person will receive an additional $1.00 per hour worked in such capacity (“Lead Pay”). The above is not a rate increase, but straight hourly additional wages for extra responsibility.

11.5. The Company reserves the right to utilize permanent Lead Persons/Supervisors in the Union type classifications under the following conditions: emergencies, unexpected mission demands, equipment familiarization or training certification, and special refueling/defueling operations required for VIP support. If mission demand is expected to continue, then the Company will make every effort to call in additional bargaining unit employees to relieve the Company personnel. These assignments will not be made for the purpose of denying overtime/part-time hours to bargaining unit employees. As a general rule, and except for extraordinary and emergency conditions, non-bargaining unit employees of the Company will not be permitted to perform Union work while any bargaining unit member is on lay-off status.

11.6. The Company will allow a one-half (1/2) hour break for a meal. The meal period shall be taken between the third and one-half (3-1/2) hour and the fifth and one-half (5- 1/2) hour of the scheduled shift.

11.7. The Company shall notify a bargaining unit employee seven (7) working days before any changes in that bargaining unit employee's schedule, except for bona fide emergencies, subject to the grievance and arbitration procedure in Article IX.

The Company shall develop work schedules on a bi-weekly basis. All work schedules shall be posted three (3) weeks in advance in a visible place for all bargaining unit employees to review.

11.8. Bargaining unit employee counseling sessions will be conducted in private.

11.9. The Company reserves the right to utilize Union personnel with specialized experience in the laboratory, as a Lab Assistant, when the QCI Supervisor is on vacation or approved leave of absence. Union personnel when being utilized as the Lab Assistant will receive Lead Pay in addition to his/her regular wages while filling-in for the QCI Supervisor.

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ARTICLE XII

SENIORITY

12.1. In applying the principles of seniority as set forth in this Article, seniority shall be the determining factor where the skill, ability and qualifications to do the job are approximately equal among the affected bargaining unit employees.

12.1.1. FULL-TIME BARGAINING UNIT EMPLOYEE: A full-time

bargaining unit employee shall have seniority from the date of his/her original hire as a bargaining unit employee performing work in the Fuels Management Function at WPAFB. Each full-time bargaining unit employee shall retain his/her recognized seniority from the previous employer for the purpose of lay-off, recall, job bidding and vacation. All new hires from this date forward shall have seniority from the date of his/her hire.

12.1.2. PART-TIME BARGINING UNIT EMPLOYEE: A part-time

bargaining unit employee shall have seniority from the date of his/her original hire as a bargaining unit employee performing work in the Fuels Management Function at WPAFB. Part-time bargaining unit employees shall retain his/her recognized seniority from the previous employer for the purpose of lay-off, recall and leave. At no time shall a part-time bargaining unit employee bump a full-time bargaining unit employee nor bid for a full-time position. If a full-time bargaining unit position opens, it will be offered to part-time bargaining unit employees according to seniority. If a part-time bargaining unit employee cannot work a scheduled shift, or if additional part-time hours are allocated after the schedule is posted, the additional hours shall be offered to the part-time bargaining unit employees by seniority (most senior to least senior). If no part-time bargaining unit employees can work the scheduled hours, overtime will be offered to full-time bargaining unit employees based on seniority.

12.1.3. No full-time employee (FTE) shall be reduced to a part-time employee (PTE) so long as there are PTEs that are employed. All PTEs must be on lay-off before a FTE can be reduced to PTE status.

12.1.4. The Company shall maintain FTE levels as of 1 October 2008 unless operational needs require additional FTEs or as outlined in Article

3.4 above.

12.2. All new bargaining unit employees are employed for a probationary period of ninety (90) working days of service. During this probationary period, the bargaining unit employee will be evaluated by the Company to determine if he/she has the ability, competence and fitness to perform the job to which he/she is assigned and to develop growth potential for higher paying jobs. If the bargaining unit employee fails to demonstrate to the Company his/her ability, competence and fitness to perform the job assigned, he/she may be dismissed. Should such bargaining unit employee be terminated prior to the completion of his/her probationary period, neither the employee

- 15 -nor the Union shall have any right to contest or question his/her termination under the Grievance and Arbitration Procedures of this Agreement. After the satisfactory completion of any bargaining unit employee's probationary period, such bargaining unit employee shall be considered a regular bargaining unit employee and shall accrue length of service from the date of his/her hire.

12.3. For the purpose of this Article bargaining unit employees being laid off from work or involved in a reduction in force (RIF) will be given at least two (2) weeks notice of the lay-off or RIF. Affected bargaining unit employees will be required to work the final week or will be given pay at their normal rate of pay, including shift differential, if appropriate, in lieu of being returned to work. Any reduction in force will be done on a seniority basis by laying off the least senior employee first. Recall will be by reverse order of lay-off.

12.4. A bargaining unit employee's seniority will be broken if the bargaining unit employee quits, fails to accept an offer of employment by a successor contractor, is discharged for just cause, has been laid-off for a period of twenty-four (24) consecutive months from the bargaining unit, is transferred to a position outside the bargaining unit, or fails to return to work within five (5) workdays after having been notified of the offer of employment by the Company by certified mail to the bargaining unit employee's last known address, unless a satisfactory reason is given and approved by the Company and the Union.

12.5. A reduction in the number of bargaining unit employees in a classification is a reduction in force. A bargaining unit employee affected by a reduction in force will be required to exercise his/her seniority to bump the least senior bargaining unit employee in a classification of equal or lower rate, or in a previously held higher-rated classification, for which such bargaining unit employee is determined by the Company to be qualified. All reductions shall take place in accordance with Articles 12.1.3 and 3.4.

12.6. Promotions will be based on the ability, fitness, competence and length of service of the bargaining unit employee under consideration.

12.7. Upon receipt of a telephone recall or other notice, the laid-off bargaining unit employee shall accept recall and must report to work ready, willing and able to work, unless excused by the Company in writing, within seven (7) days after he/she has been notified of recall or within seven (7) days from the date of mailing of a certified letter to the bargaining unit employee's last known address, and, failing this, the bargaining unit employee shall be deemed to have resigned and shall lose all length of service, benefits, recall and other employment rights. The bargaining unit employee's last known address on the Company's records will be the address for notification purposes. Bargaining unit employees shall have the obligation to keep their current address and telephone number up-to-date on the Company’s records.

12.8. A regular, full-time bargaining unit employee's length of service (length of service being defined as the total length of a full-time, regular bargaining unit employee's most recent continuous employment by the Company and any predecessors) and vested benefits will be lost whenever such bargaining unit employee quits or resigns, dies, is discharged for cause, accepts other employment during an approved leave of absence, overstays an approved leave of absence without prior written permission from the Company, is laid off for a period exceeding two (2) years without being recalled, or fails to return to work ready, willing and able to work after being recalled or takes a job in the

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WPAFB fuels management outside the bargaining unit for a period of six (6) months or more.

12.9. If a former bargaining unit employee is rehired by the Company following resignation, termination or loss of bargaining unit employee status, he/she shall be considered a new bargaining unit employee at the time of rehire. Upon request of the Union, a list of bargaining unit employees, and their respective dates of hire, shall be submitted to the Union, but no more often than once each six (6) months.

12.10. On January 1 of each year that this Agreement remains in effect, all classifications will be required to select shifts for the contract year on the basis of seniority. Days off will be rotated within a shift every two (2) to six (6) months at the discretion of Management. Any new shift shall be offered in line of seniority.

Additionally, any altered or temporary shifts shall be bid accordingly.

12.11. A vacancy in a classification which the Company reasonably determines will last for 30 (thirty), eight (8) hour workdays or less, will be considered to be a temporary vacancy and may be filled by the Company without regard to the seniority or classification of the bargaining unit employee assigned to fill such temporary vacancy. If such a temporary vacancy exceeds thirty (30) eight (8) hour work days, it will be considered an open position and will be filled within thirty (30) days by the Company with a full-time bargaining unit employee.

12.12. For purposes of this Article, bargaining unit employees will be strongly encouraged by the Company to learn all aspects of fuel operations. The Company will provide cross-training opportunities on-the-job to increase the bargaining unit employee's value to the Company, and to enhance the bargaining unit employee's abilities and self-image. Bargaining unit employees may be cross-utilized where the bargaining unit employees are cross-trained, to ensure proficiency and to maximize utilization of personnel for purposes of contractual compliance with the Air Force.

Bargaining unit employees may submit a written request to their supervisor for training in other work areas, if training is accomplished at no cost to the Company and without any detriment to Contract performance and continuity of services.

ARTICLE XIII

WORKWEEK, HOURS OF WORK AND PAY

13.1. Effective February 1, 2012, the Company shall pay to the several classes of bargaining unit employees wages in accordance with the schedules of minimum rates and wages annexed hereto and made a part hereof and marked ‘Wage Schedule A’.

13.2. Shift differentials for employees working the second and third shift shall be paid per hour for all hours worked by each bargaining unit employee in accordance with the respective shift differential rates set forth in ‘Wage Schedule A’ annexed hereto.

13.3. The payroll workweek consists of seven (7) consecutive twenty-four (24) hour days beginning on Sunday of each week at a time designated by the Company. The usual work day for bargaining unit employees when actually worked will be eight (8)

- 17 -hours and five (5) consecutive days for full-time employees, excluding overtime or upon employee request. The usual work day for part-time bargaining unit employees when actually worked will be eight (8) hours per day. Within the terms of the Agreement, 'work day' and 'working day’ refer to the individual's scheduled ‘work day’ since the job site operates seven (7) days a week. Therefore, one bargaining unit employee's ‘work day’ may be different from another bargaining unit employee's ‘work day’ by virtue of scheduling; but, every bargaining unit employee's payroll work week is the same (i.e., Sunday through Saturday).

13.4. It is agreed and understood that because of the nature of the Company’s business, bargaining unit employees are required on a twenty-four (24) hour basis and the Company may require bargaining unit employees to work more than twelve (12) hours. If little notice is given of shift extension requirements, overtime will be offered to the most senior bargaining unit employee from the current shift (up to four (4) hours). If the demand is expected to continue, part-time bargaining unit employees will be scheduled. The Company reserves the right to expand and contract mission requirements, to the maximum extent possible. Each part-time bargaining unit employee will be scheduled equal hours on each initial bi-weekly schedule. All hours scheduled after the initial bi-weekly schedule is posted, will be bid based on part-time seniority. Part-time bargaining unit employees cannot bid for shifts. Part-time bargaining unit employees shall bid for unscheduled part-time hours or when another part-time bargaining unit employee is unable to work over forty (40) hours in a week, except in extreme emergencies.

13.5. The Company will post starting times, which will be bid by seniority. Starting times may change at the discretion of the Government or the Company, in which case the starting times will be rebid.