Attachment J.1.(a)3 - CBA Tobyhanna.pdf

SP3300-10-R-0035

ATTACHMENT J.1.(a)3

AGREEMENT

BETWEEN

DEFENSE SUPPORT SERVICES LLC (DS2)

TOBYHANNA ARMY DEPOT, PENNSYLVANIA

AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

AND IT’S

INDUSTRIAL DISTRICT LODGE 1

FOR EMPLOYEES WORKING AT

TOBYHANNA ARMY DEPOT, PENNSYLVANIA

EFFECTIVE

June 23, 2007 through June 30, 2010

PREAMBLE

This Agreement is effective June 23, 2007, by and between Defense Support Services (DS2), hereinafter referred to as the "Company", and District Lodge No 1 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union".

ARTICLE I

GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

A. In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.

B. Any practice of the Company in the past not specifically set out herein is expressly eliminated as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining or negotiations.

C. It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females.

D. This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives, provided, however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings may be made between the Company and the Business Representative and the Negotiating Committee that do not change or modify the Agreement and shall not require the ratification of the membership.

E. The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

F. Either party hereto shall be entitled to require specific performance of the provisions of the Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement

Section 2 - Recognition and Exclusive Representation

A. The Company recognizes the Union certified by the National Labor Relations Board (Case 4-RC- 21166) as the exclusive representative of all employees stipulated in the Board’s Certification of Representation as follows:

B. All production and maintenance employees employed in the Employer’s Tobyhanna Army Depot operation in Tobyhanna, Pennsylvania, excluding all office clerical, production control clerks, supply techs, computer systems analysts, team leads, managers, and supervisors.

Section 3 - Period of Agreement

A. This agreement shall be effective June 23, 2007 and shall remain in full force and effect to and including June 30, 2010 and thereafter from year to year until modified, amended, or terminated, as hereinafter provided. Not more than seventy-five (75)* days nor less than sixty (60) days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications or amendments.

The parties agree to schedule negotiations within fifteen (15) days after the giving of such notice. In the event of a failure of the parties to reach agreement upon modifications or amendments to the Agreement by the anniversary date of this Agreement, either party at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

B. *Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

C. Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Project Manager of Defense Support Services LLC at Tobyhanna Army Depot in Pennsylvania for service upon the Company, and when similarly mailed, or delivered in hand, to Industrial District Lodge 1, in Philadelphia, Pennsylvania for service upon the union. The date of receipt shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for all purposes under this Agreement.

D. After the Company and Union negotiation committees have concluded negotiations of amendments and modifications to the Agreement, all such amendments and modifications must be accepted or rejected as a whole (without acceptance or rejection of parts thereof) by the Company and the Union.

Section 4 - Right to Manage

A. Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change, or combine work schedules, and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

B. It is understood and agreed that any of the powers and authority the Company had prior to the signing of this Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

Section 5 – Separability

A. Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

B. The Company and the Union shall, within thirty (30) days, negotiate the provision of the Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 6 - Strikes and Lockouts

A. It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the Tobyhanna Army Depot community and that efficient and uninterrupted service must be furnished to those agencies who have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this agreement:

1. The procedure provided for herein, for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between the parties.

2. During the life of this Agreement, no work stoppages, strikes (including sympathy strike) or slowdown shall be caused or sanctioned by the Union, and no lockouts shall be made by the Company.

3. No rules, customs, or practices shall be permitted which limit production or increase the time required to do any work. There shall be no limitations or restriction of the use of machinery, tools or other labor - saving devices.

4. Any employee(s) individually or collectively, who shall cause or take part in any violation of this Article or any activities prohibited by this article shall be immediately discharged or subject to other disciplinary action as the Company may consider appropriate.

5. In the event of a violation of this Article, the Union, (its officers, agents and members) collectively agree that it will use its best efforts to end such prohibited conduct, utilizing every possible means to include but not be limited to:

a. Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

b. Notifying all employees by mail that such prohibited conduct is unauthorized and in violation of the Agreement.

c. Requesting those violating this Agreement to return to work and / or otherwise fully comply with the terms of this Agreement.

6. Violation of this Article and any liability resulting there from shall not be excused or forgiven because the Union is engaged in any form of lawful or unlawful strike or other coercive activity against any other contractor. Nor because the employees covered by this Agreement engaged in any form of conduct prohibited by this Article in support of or in sympathy with the employees of any other employer who may be engaged in a strike or other form of coercive activity at these locations.

B. Stewards have no authority to take strike action, or any other action interrupting the Company’s business. The Company in so recognizing such limitation shall have the authority to impose proper discipline, including discharge, in the event a steward has taken unauthorized strike action, slow down, work stoppage, or any other actions in violation of this Agreement.

Section 7 - Security Regulations

A. The Union recognizes that the Company has certain obligations in its contract with the Government pertaining to security, and that security is vital to the Company and the Union in carrying on their part in the defense effort. Therefore, in the event that the Department of Defense, through its duly authorized representatives concerned with security, advise or have advised the Company that any employee in the Bargaining Unit covered by this Agreement is denied work on or access to classified information or material or the LAN system, it is mutually agreed between the Company and Union that such employee shall be subject to any action as to his/her employment, including but not limited to termination, which the Company considers necessary for security reasons.

B. It is further understood that where a security clearance is required in order to perform work in any area covered by this bargaining unit, that issuance and retention of such security clearance shall be condition of continued employment in that area. Such employee(s) shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States government and shall cooperate fully with representatives of said agencies during the conduct of investigations. Failure to comply with the requirements for a clearance or denial or withdrawal of such clearance by such government agency may be just cause for discharge dependent upon the reason for such denial or withdrawal. A non-trial period employee whose clearance is denied or withdrawn, and who is not discharged based on such denial or withdrawal, will be laid-off.

C. The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations. The Company and the Union agree that classified information will be revealed only to persons properly cleared and having need for access to such information as defined by applicable regulations.

D. It is recognized that all employees are working on a government installation and are subject to all regulations and rules of the installation. If any bargaining unit employee covered by this agreement is denied entry or permission to work on this installation, such employee shall be laid off (out of seniority) until such time as entry is permitted. If entry or permission to work is denied by the Installation Commander, for a period exceeding ninety (90) days such employee may be subject to discharge.

Section 8 – Non-Discrimination

A. The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. The Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran, or handicap status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both male and female employees.

Section 9- Union/Agency Shop and Check Off

A. Membership in the Union is not compulsory. Employees in the bargaining unit must as a condition of continued employment be either a member of the Union and pay Union dues or pay an Agency fee to the Union, but not both. If such condition of employment is not met, the employee's employment shall be terminated in compliance with standards permitted by the N.L.R.B. and court decisions relating to Agency shop requirements. Employees have the right to join, not join, maintain, or drop their membership in the Union as they see fit.

Neither party shall exert any pressure on or discriminate against an employee in regards to such matters.

B. Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the Company (with a copy to the Union) a Union Dues or Agency Fees Deduction Authorization as provided for in this Article that shall authorize the Company to deduct from the employee's pay an amount of money equal to the Union's regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly Union dues/Agency fees to be remitted to the Secretary- Treasurer of the Local Lodge designated by the Union, or pay directly to the Union an amount of money equal to the Union's regular and usual initiation fee or dues as certified by the Secretary-Treasurer of the Local Lodge designated by the International Association of Machinists and Aerospace Workers. It is understood that Union dues or Agency fees are due and payable on the first payday of each month. Employees electing to use the Union Dues or Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts Union dues or Agency fees from their paycheck on the first pay period of each month. Employees electing to pay their Union dues or Agency fees directly to the Union shall make Union Dues or Agency Fees payments to the Union by the end of the calendar day on which the employee is paid.

C. Any employee within the bargaining unit who is required to contribute to the Union as provided for in Paragraph (A) of this Section and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Section during the period of time such employee remains outside the bargaining unit or on layoff.

D. No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the Company's active payroll including layoff.

E. An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees to an authorized agent of the Union or pays through authorized payroll deductions the Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article.

F. Once the Union becomes aware of the employee's delinquency and the Union notifies the employee of the delinquency the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved the Union shall notify the Company and the employee and the Company shall discharge the employee on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.

G. Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union Dues or Agency fees directly with the Union. In cases where deductions are made form those who have already paid Union initiation fees or reinstatement fees and Union dues or Agency fees, the Union will make refunds directly to such employees.

H. Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees Deduction Authorization has been received, beginning with the pay for the first full pay period in the month following of receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such Union dues or Agency fees deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

1. Deductions shall be remitted to the Secretary-Treasurer of District 1 designated by the Union within 10 days following the first payday of each month. The Company will furnish the Secretary-Treasurer, at the same time, a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction.

2. When ceasing to deduct Union dues or Agency fees for any reason, the Company will submit the name(s) of such employee(s) in alphabetical order, and the reason for no deduction to the Secretary-Treasurer of District 1 designated by the Union at the same time the monthly dues deduction list is remitted.

3. When ceasing to deduct Union dues or Agency fees for any reason, the Chief Steward will be notified of the stoppage within one (1) business day of the stoppage.

I. The Union shall indemnify and hold 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 purpose of complying with any of the provisions of the article.

J. The company shall continue to recognize and accept the deduction authorization forms currently in use between the parties.

Section 10- Non-Bargaining Unit Work

A. For purposes of this agreement it is understood that work assigned to DS2 by the Tobyhanna Army Depot is surge work that the Depot has identified as work that requires augmentation by DS2 employees who support the permanent civil service workforce. Bargaining unit work consist of this surplus work that is made available to DS2 by the Tobyhanna Army Depot for those classifications covered by this collective bargaining agreement as defined in the Recognition and Exclusive Representation section of Article 1 of this agreement. Bargaining unit work does not cover the surplus work assigned to those classifications not covered in the Recognition and Exclusive Representation section of this agreement.

B. It is further understood that such work is available only as long as the Depot classes it as surplus work and continues to assign it to DS2. The company does not determine the work that it is assigned or is not assigned.

C. Such assigned work as defined as bargaining unit work in A) of this section performed by exempt management or supervision personnel will be restricted to those requirements beyond the capabilities of bargaining unit employees or as provided in D) below.

D. Exempt Management/Supervisory personnel may perform work of employees covered by the

Agreement under the following conditions:

(1) For the purpose of instructing and training employees.

(2) Under emergency conditions.

(3) In order to prevent injury to employees or damage to property.

(4) When necessitated by security requirements.

(5) When required for safety.

(6) In circumstances which bargaining unit employees lack the technical ability to perform the work required and when work being performed is not used to avoid paying overtime or to displace a bargaining unit employee.

(7) When the work being performed is incidental to job duties of a position which is not covered by this Agreement and is not used to avoid paying overtime or to displace a bargaining unit employee.

(8) When required to maintain their personal qualifications and proficiency and when work being performed is not used to avoid paying overtime or to displace a bargaining unit employee.

ARTICLE II

UNION-COMPANY RELATIONS

Section 1 - Stewards

A. Upon execution of this Agreement, the Union shall promptly furnish the Project Manager, in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the Project Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification by the union .

Duties of Stewards: Steward duties involve gathering information on alleged violations of the Agreement and processing grievances. The Steward, upon notification of the supervisor/manager, shall be authorized to devote up to three (3) hours per week to perform steward duties without loss of pay.

B. It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.

C. The Company and the Union have agreed to the geographical scheme for stewards. At the time of this agreement, there is a total of ten (10) stewards including the Chief Steward.

D. The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

E. The Steward shall notify his/her supervisor or assigned team lead before leaving his/her work station, reporting back to his/her supervisor/manager or assigned team lead upon return to his/her work station.

A Steward shall not cause any unauthorized acts described in the No Strike-No Lockout Article of the Agreement. The Company shall have the authority to impose proper discipline, including discharge, in the event a Steward or Chief Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.

Section 2 - Business Representatives and Union Officials

A. Prior to entering the Company’s operations, the Business Representative(s) shall notify the Program Manager or his designee of the date and time he will be at the facility and the work areas he wishes to contact. Such visits shall be subject to such regulations as may be made from time to time by the Company, the Tobyhanna Army Depot and other Government Agencies. Site visits by the Business Representative(s) shall not be unreasonably denied.

B. It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union Committee.

Section 3 - Bulletin Boards and Posting Notices

A. The Company will provide a bulletin board for the posting of Union notices. Only notices pertinent to the Union at Tobyhanna Army Depot (notices concerning Union meetings, Union elections, results of Union elections, etc.), which have been authorized by a designated Union official, will be posted. Notices must be provided to the Company's Project Manager, or his designee prior to posting.

Section 4 – Information Provided to the Union

A. The Company will furnish to the Chief Steward every thirty (30) days, two (2) copies of the seniority list, showing rate, classification, shop, and dates of hire

B. One copy of the seniority list will be retained in the Human Resources office.

C. Within five (5) days of the end of each month, the Company will furnish the Chief Steward a list of employees hired during that month in a mutually agreed to format.

D. Within five (5) days of the end of each month, the Company will furnish to the Chief Steward a list of employees laid-off during that month in a mutually agreed to format.

E. The Company will furnish a current and subsequent Statement of Work for the Tobyhanna Army

Depot Delivery Order and any amendments and modifications as they occur.

ARTICLE III

GRIEVANCE PROCEDURE AND ARBITRATION

Section I - Definition of Grievance

A. "Grievances" shall mean, and be limited to disputes of differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management, Supervision, Shop Steward, and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the steps set forth in Section 2 of this article.

B. All grievances beyond Step 1 involving employee claims shall be in writing on a grievance form mutually agreed upon by the Union and the Company. The grievance shall be signed and dated by the grieving employee(s) and shall set forth a complete statement of the grievance, the specific provision(s) of the Agreement claimed to have been violated, the facts on which it is based, and the corrective action desired. In an effort to resolve employee grievances by mutual agreement, they shall be presented in the following time limits:

Section 2 - Grievance Procedure

A. The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor/manager and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should meet with the appropriate supervisor/manager in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue.

B. Once an employee has received a verbal or written response from his/her immediate supervisor/manager and does not agree with the answer he/she receives, the following procedure must be followed in an effort to settle grievances.

1. Step One: The employee(s), with or without their steward, may bring any alleged violation of the agreement to their Supervisor within five (5) working days of the incident which is the subject of the grievance. In the event the employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's Union representative may bring the grievance to the supervisor. The grievance will be investigated and an answer given to the employee within five (5) working days after receipt of the grievance.

2. Step Two: If the issue is not resolved in Step 1, the employee(s) can file a written grievance on the appropriate form with the Project Manager within five (5) working days after the step 1 meeting. The Project Manager will give a written response to the Steward within five (5) working days after the meeting.

3. Step Three: If the issue is not resolved in Step 2, the Steward can file the grievance with the Manager, Human Resources within seven (7) working days after receiving the Step 2 answer. The Steward, Business Representative, DS2 Program Manager, Project Manager and Manager, Human Resources will conduct a meeting or teleconference within ten (10) working days to discuss the grievance. The Manager, Human Resources will give the Business Representative a written answer within ten (10) working days after the meeting or teleconference.

4. Time limits in this grievance procedure may be extended through mutual agreement.

Written confirmation of the agreed to extension may be requested by either party.

C. The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

Section 3 – Arbitration

A. A grievance which either party desires to contest further, and which involves the interpretation or application of the terms of this Agreement, shall be submitted to arbitration as provided in this Article, but only if the Union gives written notice to the Company of its desire to arbitrate the grievance within ten (10) working days of the receipt of the decision provided in the step described in Article III, Section 2 (B) (3) or the grievance shall be deemed waived.

B. Upon notifying the Company of its desire to arbitrate a grievance, the Union shall also notify the

Company of its representative who will present the case in arbitration. The Company shall notify the Union of its representative within four (4) days thereafter. Each of the parties' representatives shall have authority to discuss between themselves the possible settlement and compromise of the grievance, but in any event must proceed to arbitrate the matter as provided hereinafter within thirty

(30) days after the Union's appeal to arbitration if no settlement has been reached by that time. This time limit may be extended by mutual consent of both the Union and the Company.

C. If the two parties' representatives are unable to reach a settlement, they shall immediately jointly request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service. The request shall be for a list of seven (7) qualified arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

D. The parties' representatives shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement that states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

E. The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness(s) shall be borne by the respective party.

F. This Agreement constitutes a contract between the parties that shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land.

The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty

(30) days after the submission of the final briefs.

ARTICLE IV

SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

A. Probationary Period

1. All employees shall be considered probationary employees for the first ninety (90) calendar days of active employment. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will be a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the ninety (90) day probationary period are not subject to the Grievance and Arbitration Articles of this Agreement.

B. Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the same Federal facility.

C. When two (2) or more employees have the same site or Company seniority date the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

D. Part-time or temporary employees are not eligible for any contractual Seniority rights.

E. Rehire Seniority - Employees who may be rehired onto the contract will have their site seniority date based upon their date of rehire.

Section 2 – Layoffs

A. At the time the Tobyhanna Army Depot has instructed the company to reduce the number of DS2 employees either by cost center or by overall population, the company will determine the final number required for lay off and effect a reduction in force in the following manner:

1. Part-time and/or temporary employees in the affected job classification shall be reduced from the payroll prior to the displacement of any full-time employee in that job classification.

2. Before the final determination is made regarding the positions affected by the lay off, all of the employees in the effected population will be offered a voluntary layoff.

3. Thereafter, where the customer directs a lay off by cost center, the least senior employee within job classifications in the affected cost center will be designated for lay off. The Company will use a period of up to five (5) days to identify a position in which the employee can move. During this five (5) day period, the company is under no obligation to pay the employee. At the conclusion of the five (5) day period, the employee may displace the least senior person in his/her job classification in a position in which he/she is qualified regardless of cost center. For the purposes of this section, “qualified” means the employee has any special training, experience or certification required for the position as designated by the customer.

4. The Company will use a period of up to five (5) days to identify a position in which the junior displaced employee can move. At the conclusion of the five (5) day period, the employee may displace the least senior person in a lower job classification in which he/she is qualified regardless of cost center. In the event that employees are recalled into the higher job classification, the employee who moved into a lower job classification will be placed into the higher job classification vacancy for which he/she is qualified without regard to the provisions of the promotion language in this agreement.

5. When the customer directs a lay off by overall population, the least senior employee within the job classification will be designated for lay off regardless of cost center. The Company will use a period of up to five (5) days to identify an open, vacant position in a lower job classification for which the employee may be qualified.

6. Any employee on a temporary duty assignment outside of Tobyhanna Army Depot will not be subject to layoff until he/she returns from the temporary duty assignment.

7. Stewards will have super seniority for the purposes of layoff only.

Example 1:

The Depot directs the company of the need to lay off 3 ET-3s in FIREFINDER. In total, this cost center employs 15 people. Here is the process:

The company will attempt to find any open, vacant positions in the same job classification in a different cost center for which the ET-3 is qualified.

All 15 employees will be offered a voluntary layoff.

The 3 least senior ET-3s in FIREFINDER will be designated for layoff.

The 5-day window for identifying the least senior ET-3s in other cost centers begins.

It is determined that the 3 least senior ET-3s are located in MUTES, AVIONICS, and

SATCOM.

None of these three ET-3s in the other cost centers perform any special skill duties.

Before displacing any employees, the 3 ET-3s from FIREFINDER are given the opportunity for a voluntary layoff.

The most senior of the 3 employees designated for layoff from FIREFINDER will displace the least senior ET-3.. Then, the next most senior ET-3 will displace the next least senior ET-3, etc.

Example 2:

In the same base scenario as Example 1, the junior ET-3 in MUTES is in a position that requires a qualified keyer-programmer, which is a special skill:

The ET-3 in MUTES is protected from layoff.

The company identifies the next least senior ET-3.

That ET-3 is located in SINCGARS.

The most senior of the 3 employees designated for layoff from FIREFINDER will displace the least senior ET-3. Then, the next most senior ET-3 will displace the next least senior ET-3, etc.

Example 3:

After the previous scenarios play themselves out, the 3 least senior ET-3s who ultimately were laid off, start looking at lower classifications.

The 5-day window for identifying the least senior ET-2s begins.

The 3 least senior ET-2s are all located in SATCOM.

None of the ET-2s are performing special skills in their positions.

The 3 ET-3s displace the ET-2s in SATCOM.

Section 3 – Borrow & Loan

A. When the Tobyhanna Army Depot has instructed the company to reduce the number of

DS2 employees within a job classification on a temporary basis, the company will effect the reduction by temporarily removing the employee in the job classification within the cost center working the specific job assignment until which time the Depot has reestablished the vacated job assignment.

1. In the case described above, the company will make every effort to place the employee who has been temporarily displaced into an open, vacant position within the same or another cost center.

2. In the event the eliminated job assignment is returned to the cost center within ten (10) workdays, then the displaced employee will be returned to that job assignment.

Section 4 - Recall Rights

A. A DS2 employee who is on permanent lay off in accordance with Section (2) of this Article, shall retain recall rights in accordance with their site seniority as follows:

1. To the same job classification held at the time of layoff.

2. To a lower paid job classification in a job assignment for which the laid off employee is deemed to be qualified to perform.

B. Employees who have been permanently laid off shall retain the recall rights mentioned herein for a period not to exceed eighteen (18) consecutive months from the date of layoff. Employees demoted to a lower paid position due to a reduction in force shall retain the recall rights mentioned herein for the same recall period.

C. Recall Notification

1. Due to the extremely time sensitive requirements that the Tobyhanna Army Depot places upon DS2 to staff and re staff open positions, a recalled employee must respond within 48 hours after the company’s documented attempt to contact the recalled employee and must report to work within 5 working days. The Company will make a reasonable effort to allow for a reasonable notice , not to exceed two (2) weeks, to be given to their current employer. If the employee identified for recall is unavailable to be contacted by phone or mail then he loses his/her recall rights.

D. Telephone Number and Address on File

1. The company will contact the recalled employee by phone at the telephone number the employee has on file as well as registered U.S. mail return/receipt requested. It is the employees responsibility to insure that the company has his/her most current contact information.

E. Contact Information Requirement

1. Each laid off employee shall keep the DS2 Depot Administrative office informed in writing of the employee's current mailing address and telephone number. Notice by the Company to the employee's phone number and mailing address of record, listed with Human Resources, shall be considered as fulfilling the recall notice requirements. An employee failing to comply with the provisions of this section shall be considered as having voluntarily resigned from the service of the Company.

Section 5 - Loss of Seniority

A. Seniority shall be lost and employees shall have their names stricken from the seniority list under any of the following circumstances:

1. Discharge for just cause

2. Resignation

3. Failure to respond to recall notification within the time frame established in this agreement.

4. Failure to be recalled from general layoff within eighteen (18) months after such layoff.

5. Failure to report to work upon expiration of an approved leave of absence.

6. Accepting other employment while on an approved leave of absence.

7. Unexcused absence from work for a period of three (3) consecutive workdays.

8. Is barred by the customer's written order or whose security clearance has been revoked and is not legally reinstated. This paragraph is subject to the conditions noted in the "Security" Article.

9. Refusal by an employee to take a drug test directed by management for proper cause or the failure to take the test within the directed timeframe, as required by company policy

10. Failure to return to active payroll for a continuous period of eighteen (18) months due to an occupational or non-occupational physical or mental impairment.

Section 6 – Promotions

A. Promotions

A promotion means the advancement of an employee from one job classification to another job classification with a higher rate of pay.

B. Job Vacancies

The Company and the Union clearly recognize the Company's right to determine manning levels within the Company. The Company therefore maintains the right to assign personnel within the Company and to determine when there is a permanent job vacancy. When the Company determines that a permanent job vacancy exists, the Company will post the vacancy prior to hiring from outside the bargaining unit. The Company will post such job vacancies within the unit. The job vacancy will be posted for seven (7) calendar days. The posting notice shall state the job classification, the pay rate, the location of the opening, special training, experience or certification required (if any) and the closing hour and date of the posting period. The posting notice will be posted at a designated company bulletin board and a copy e-mailed to the Chief Steward. Any candidate with two or more disciplinary actions will not be eligible to post for the position within twelve (12) months of the second or subsequent disciplinary action. Employees who desire to bid for the posted vacancy may do so by completing a self-nomination form with required attachments and submitting it to the Project Manager prior to the close of the posting period. At the time of submittal, the Project Manager or official designee will sign the self-nomination form, time stamp it, and provide a copy for the employee.

C. Selection

1. Within seven (7) calendar days after the close of the posting period, the Program Manager shall determine which of the bidders are qualified in accordance with the position’s posted job requirements to perform in the posted position. The position will be awarded to the senior qualified bidder using seniority.

2. The successful bidder shall be assigned to his/her new job within ten (10) working days after the job has been awarded, unless such movement is precluded by the customer. A successful bidder cannot bid for another posted vacancy for twelve (12) months after the date the new position is awarded to him/her unless the posted vacancy is a higher paying position than he/she currently occupies.

3. If there are no qualified bidders, the Company has the right to fill job vacancies by new hires or rehires. If the job vacancy is not filled within sixty (60) days after the posting is closed, the vacancy will be re-posted in accordance with (B) herein.

D. New Job Performance

When an employee is awarded a posted job, and fails to satisfactorily perform the duties of the position at any time within ninety (90) days after assuming the position, the employee will be returned to the position last held prior to award of such promotion. If the position has been eliminated or filled, the employee may exercise displacement rights as outlined in Article 4 Section (2).

ARTICLE V

EMPLOYMENT CONDITIONS

Section 1 - Sanitary, Safety and Health Conditions

A. General

The Company agrees to maintain sanitary, safe and healthful conditions in all its operations and working establishments in accordance with Federal law and the laws of the State, County and City of its place of operation.

B. Safety Rules and Regulations

Employees shall be required to comply with all safety rules and regulations established by the Company and government agencies, and to wear such protective clothing or use such safety equipment as may be required and furnished by the customer.

C. Clothing and Safety Equipment

As directed by the Company, protective clothing and safety equipment will be utilized by the employee during his/her performance of jobs requiring such equipment usage.

D. Medical Examinations

Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examination as may be directed by the Company. The Company shall pay for such examination. The Company will select the physician that will conduct the medical examination.

E. Training

Training and certification for hazardous material handling will be accomplished in accordance with applicable Federal and State guidelines.

Section 2 - Drug and Alcohol Free Workplace

The Company and the Union recognize the importance of maintaining a drug and alcohol free workplace and agree that the Company can, from time to time, implement changes to its current rules and regulations designed to identify drug and alcohol use and to fix and impose penalties for the violation thereof.

A. Random Drug Testing

1. Employees working on the Tobyhanna Army Depot delivery order of the CFT contract will be required to submit to drug testing on a random basis.

2. Employees covered by this CBA, will be included in a pool of Contract Field Team

Contract employees. Selection of employees for random testing will be conducted through the use of a blind random number generator or other neutral selection process and will not include more than twenty percent (20%) of employees in the designated pool in any given year.

3. When an employee is selected for random testing, the employee will be notified

4. within 24 hours of the time the test is scheduled to occur.

5. An employee whose random drug test is deferred will be subject to an unannounced test within 60 days.

6. Other testing, as required by government contracts, the company’s drug policy and/or rules and regulations of federal government agencies, will be conducted under applicable terms and conditions.

7. Employees are expected to cooperate fully during a drug test. The employee will be advised that the drug test is mandatory, not voluntary. The employees will read and sign the Company’s Drug Testing consent form prior to testing. The form will include the authorization to release all of the results to the Company.

8. During an alcohol/drug test, the employee will be required to provide biological specimens.

All testing will be conducted by a Company-approved medical testing laboratory, with split sample integrity and chain-of-custody procedures in place, to ensure proper specimen collection and handling security.

9. Where employees are found to have tested positive on a split sample random drug test, the employee will be terminated.

B. Employee Assistance

1. The Company has contracted with an agency to administer its Employee Assistance Program (EAP). Their (800) number will be posted at each Company work site.

2. Employees who voluntarily admit to a drug/alcohol abuse problem prior to any apprehension, arrest, or charge of substance abuse or a positive test result may be granted up to thirty (30) days leave without pay to participate in a rehabilitation program.

Management approval will be obtained by a “Request For Leave Of Absence” form through Management channels. Any employee who successfully completes a rehabilitation program under this paragraph will comply with the following requirements:

a. If such employee elects to participate in a Company-approved rehabilitation program, the employee will be granted a thirty (30) day leave of absence without pay to attend such a program. The length of the leave may be extended up to an additional thirty

(30) days upon recommendation of the rehabilitation counselor or physician.