Attachment_J.3_-_WD_2013-0062_ProLog-Local_147_CBA_Executed.pdf

201300621.txt

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2013-0062 Diane C. Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 03/13/2013 State: Virginia

Area: Virginia County of Norfolk Employed on Defense Logistics Agency contract for warehouse and distribution services:

Collective Bargaining Agreement between ProLog, Inc. and International Union of Operating Engineers Local 147, effective December 1, 2012 through November 30, 2015.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

COLLECTIVE BARGAINING

AGREEMENT

between

ProLog, Inc and

International Union of Operating Engineers, Local 147

December 1, 2012 - November 30, 2015

COLLECTIVE BARGAINING AGREEMENT

TABLE OF CONTENTS

Article Page Number 1 Parties of Agreement 2 Recognition 3 Purpose and Intent 4 Union Security Clause 5 Dues Check-off and Authorization Form

Section 1 – Payroll deduction Section 2 – Remitted Section 3 – Revocation of payroll deduction Section 4 – Make up payments Section 5 – Hold harmless Section 6 – Authorization Section 7 – Payroll deduction authorization form

6 Rights of Management 7 No Strike – No Lockout

Section 1 – No strike Section 2 – No lockout

8 Bargaining Union Work 9 Safety

Section 1 – Requirements Section 2 – Compliance Section 3 – Drug testing in the event of an accident

10 Bulletin Boards 11 Company Rules 12 Seniority

Section 1 – Length of service Section 2 – Posting of seniority list Section 3 – Procedures Section 4 – Reduction in Force Section 5 – Recall Section 6 – Transfers Section 7 – Temporary reassignments/transfers Section 8 – Company’s rights to immediately fill positions Section 9 – Notification to employees

13 Recall Section 1 – Employee notice requirements Section 2 – Employees failure to show up Section 3 – Seniority

Collective Bargaining Agreement Table of Contents

Article Page Number 14 Leaves of Absence

Section 1 – Personal Reasons Section 2 – Military Leave Section 3 – Procedure Upon Return Section 4 – Outside Employment Exclusions Section 5 – Union Business Section 6 – Illness or Injury Section 7 – Jury Duty

15 Shop Stewards Section 1 – Designation Section 2 – Process grievances Section 3 – When no steward assigned Section 4 – Channels of communication Section 5 – Transfer or reassign

16 Discipline Section 1 – Just cause Section 2 – Offenses posted Section 3 – Written explanation Section 4 – Assigned work stations Section 5 – Unexcused Absences Section 6 – Excused Absences Section 7 – Government request for removal from job Section 8 – Non-Personal Services Statement

17 Grievances Section 1 – Purpose Section 2 – Procedure Section 3 – Shop Steward Pay

18 Arbitration Section 1 – Appeal Section 2 – Hearing Section 3 – Interpret Section 4 – Decision Section 5 – Expenses

19 Hours of Work and Overtime Section 1 – No guarantee Section 2 – Work week Section 3 – More than 40 hours Section 4 – Overtime granted Section 5 – Lunch period Section 6 – Breaks Section 7 – Volunteers

Article Page Number 20 Temporary Transfers 21 Paid Holidays

Section 1 – Days off Section 2 – Pay Section 3 – Eligiblity Section 4 – Work on holiday Section 5 – Holiday falls within vacation Section 6 – Observed

22 Vacations Section 1 – Length of service Section 2 – Pay Section 3 – Payment of vacation Section 4 – Payment of vacation when terminated

23 Wages Section 1 – Wage determination Section 2 – Leadpersons pay Section 3 – No one can receive lesser pay

24 Classifications 25 Shift Differential

Section 1 – Pay Section 2 – Work hours

26 Call-in Pay Section 1 – Definition Section 2 – Pay Section 3 – Lock up

27 Reporting Pay Section 1 – Definition Section 2 – 4 hour requirement

28 Health and Life Insurance Program Section 1 – Purpose and eligibility Section 2 – Schedule of benefits Section 3 – Continuation of program Section 4 – Administration

29 Bonus Pay Section 1 – Payment Section 2 – Payment definition

30 Savings Clause 31 Employee Referral 32 Visitation

Article Page Number 33 No Discrimination 34 General and Miscellaneous Section 1-Personel File Section 2-Union Solicitation Section 3-Binding Agreement Section 4-DOL Notification Section 5-Payday Section 6-HAZMAT and Fork Lift 35 Funeral Leave 36 Central Pension Fund 37 Duration of Agreement

APPENDICES

Appendix A – Definitions Appendix B – Standard Schedule of Disciplinary Offenses and Penalties Appendix C – Wage Table

ARTICLE ONE

PARTIES OF AGREEMENT

This Agreement, made and entered into this 30th day of November 2012, between ProLog, Inc., JK Hill & Associates, and SAWTST hereinafter referred to as the Company, and the International Union of Operating Engineers, Local 147 hereinafter referred to as the Union as deemed appropriate and meaningful to articles, sections and provisions of this Agreement.

The parties signatory hereto recognize this Agreement as binding upon the Company and the International Union of Operating Engineers, Local 147, and its signatory hereto, for all eligible organized employees of the Company and performing work on the Defense Logistics Agency contract.

ARTICLE TWO

RECOGNITION

Based on the representations of the Union, the Company recognizes the Union as the sole and exclusive representative for the purpose of bargaining with respect to wages, hours, and other terms and conditions of employment.

The term “employee” as used herein shall include only those individuals employed by the Company and providing logistics support at NNSY at Portsmouth, VA within the job classifications listed in Article Twenty-Four-Classifications. The term does not include employees of the Company at other locations or project sites.

ARTICLE THREE

PURPOSE AND INTENT

It is the intent and purpose of the Company and the Union to set forth herein the entire Agreement with respect to wages, hours, and working conditions as relates to the Defense Logistics Agency Contract covered by this Agreement. Further, it is the intent of the parties to secure maximum efficiency of the operation and maximum production of the employees; and to provide a fair and prompt grievance procedure for the peaceful settlement of employee’s grievances; and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

ARTICLE FOUR

UNION SECURITY CLAUSE

All employees covered by this Agreement, where applicable by law, shall as a condition of employment, become and remain a member of Local 147 on and after their ninety-first (91st) calendar day of employment.

The Union shall indemnify, defend and hold harmless the Company against any and all claims, or liabilities arising out of the administration of this Article.

ARTICLE FIVE

DUES CHECK-OFF AND AUTHORIZATION FORM

Section 1. Upon presentation to the Company of a signed check-off authorization form signed by an employee on the wage assignment form printed below, the Company will deduct from the wages due such employee for each pay period, the amount of the Union dues (and initiation fee, as appropriate) uniformly required as a condition of acquiring or maintaining Local Union membership. The amount of weekly dues and the amount of the initiation fee shall be fixed by the Union in accordance with the Constitution and Bylaws of the Local Union and shall be certified to the Company by the Financial Secretary of the Local Union as being so fixed.

Section 2. The wage deductions referred to in Section 1 of the Article will be remitted monthly by check made payable to the Local Union having jurisdiction within fifteen (15) days following the month in which such deductions are made. Together with the monthly check, the Company will forward a list of the employees for whom deductions have been made.

Section 3. A check-off authorization or revocation shall become effective on the first day of the pay period following the week in which it is delivered to the Company.

Section 4. In the event the Local Union shall inform the Company of the omission of a dues or initiation fee deduction as to a particular employee for whom a wage assignment form was timely filed, the deduction shall be made out of the next weekly earnings of adequate amount for that employee following the notice from the Local Union, as long as no revocation letter was timely filed.

Section 5. The Local Union shall indemnify, defend and hold harmless the Company against any all claims or liabilities arising out of the administration of this Article.

Section 6. The dues authorization and assignment is made pursuant to Section 302 of the National Labor Relations Act, as amended, and is in full force and effect to the extent permitted by that Act.

Section 7. For the purpose of this Article, wage assignments shall be in the following form:

I hereby authorize and request my employer, _________________________________ to deduct an initiation fee in the amount of $__________, and such amount of money equal to monthly Union Dues as may be from time to time certified to the Company by Local 147 I.U.O.E, in equal weekly/monthly amounts, for each week/month I am compensated and to forward such deduction to the Financial Secretary of the Local Union hereinabove designated. Weekly deductions shall be included in the month in which the week ended.

This authorization shall remain in effect and be irrevocable until the anniversary date of the current Agreement and shall automatically renew itself and be irrevocable until successive anniversary dates unless revoked by me at ten (10) days, but not more than twenty (20) days, prior to any anniversary date by notifying the Company and the Union by registered mail of my desire to cancel said authorization.

DATE___________________________________________

SIGNED_________________________________________

ARTICLE SIX

RIGHTS OF MANAGEMENT

Except as specifically limited by the expressed language of this Agreement, the Company has and retains exclusively to itself, all rights in the exercise of the functions of Management, including, but not limited to the following rights: to manage and operate its business facilities; to direct its employees; to direct, plan and control all operations; to establish and/or change existing methods, productivity standards, materials, equipment, facilities and accounting methods; to determine what products shall be handled or distributed and services or work performed at its facilities or by employees covered by this agreement and/or where they shall otherwise be handled or services and/or work performed to utilize suppliers and subcontractors; to test, select and hire employees and assign them to work as needed; to establish hours of work; to transfer, promote and demote employees; to suspend, discipline, and discharge employees or relieve them from duty for lack of work or for other proper reasons; and to establish and enforce rules and regulations relating to the operation of any and/or all facilities and to employee conduct.

ARTICLE SEVEN

NO STRIKE - NO LOCKOUT

Section 1. No Strike. During the term of this Agreement there shall not be, nor shall the Local Union, its agents, or members, for any reason, authorize, institute, aid, condone, or engage in, a work slowdown, work stoppage, picketing, or interference in any way whatsoever with the operation of the Company, or any part or facility of it for any reason whatsoever.

Section 2. No Lockout. During the term of this Agreement, so long as there is no breach of the other sections of the Article, the Company shall not lockout employees covered by this Agreement.

ARTICLE EIGHT

BARGAINING UNIT WORK

Employees of the Company who are not covered by this Agreement shall not perform any work or operation normally performed by an employee covered by this Agreement except: (1) in any emergency, including the need to meet requirements imposed by the

United States Navy; (2) in giving instructions to employees; (3) checking the work of employees; (4) when testing and/or developing new equipment, processes or measuring production standards, (5) where necessary for the Company to generate compensation for said employee's work under its Contract.

ARTICLE NINE

SAFETY

Section 1. The Company shall provide all safety equipment required by the Navy or other government authority excluding safety shoes, which shall be purchased by the employee. The Company agrees to provide safety gloves as required for a job on a company-owned employee-issue basis. Equipment provided to the employee will be on an issue basis and the employee will be responsible to the Company for the expense of replacement in the event the equipment is not properly returned. The company will reimburse full-time employees the first seventy-five dollars ($75.00), and toward the replacement of approved safety shoes on an annual basis after the first year of employment provided written proof of purchase is provided by the employee.

Section 2. The parties agree that the employees must comply with all applicable regulations pertaining to safety and dress standards.

Section 3. The Company may require drug testing in accordance with the requirements of the U.S. Government or in the event of any vehicular accident involving injury or property damage involving forklifts or other mobile vehicles.

ARTICLE TEN

BULLETIN BOARDS

The Company agrees to allow the posting of notices of Union business and meetings on existing bulletin boards at those sites where Union members are routinely working.

ARTICLE ELEVEN

COMPANY RULES

The Company may establish rules at any time and from time to time so long as such rules are not in violation with the terms of this Agreement. The Company will provide a copy of the rules it puts into effect to Local 147, for information or discussion, as soon as possible. Response from the Union pertaining to any or all potential rules must be received by the Company within thirty (30) calendar days from the time they are received by the Union. The decision of putting rules into effect rests solely with the Company. The reasonableness of any rule may be challenged through the grievance procedure. Copies of rules will be posted in permanent work areas.

ARTICLE TWELVE

SENIORITY

Section 1. Seniority is measured by the employee's length of continuous service.

After an employee has completed a probationary period of 90 days, the employee shall gain seniority and his seniority date shall be the first day he worked. Seniority for employees hired on the same date will be determined by the alphabetical order of the employees’ last name.

Probationary employees have no seniority status and may be disciplined or discharged without cause and without recourse to the grievance procedures.

Seniority shall be terminated by:

1. voluntary termination of employment by the employee;

2. discharge for cause;

3. out of active service with the Company for a period of twelve (12) consecutive months;

4. failure to respond to notice of Recall as set forth in Article Fourteen;

5. absence without notification for three (3) consecutive work days.

Any employee with seniority who is absent for less than twelve (12) consecutive months because of documented illness, job related injury, or layoff shall continue to accrue seniority during such absences.

Section 2. Within thirty (30) days after signing this Agreement and annually thereafter, the Company shall post in a conspicuous place, and shall mail to the Local 147 having jurisdiction, a list of the employees covered by this Agreement arranged according to their seniority. Protests to any employee's position on such list must be made in writing to his/her supervisor. Upon any correction, the corrected list will apply.

Section 3. Seniority, within regular classification, shall be the determining factor in matters affecting reduction in force, promotion, demotion, recall, transfer and the filling of vacancies provided the senior employee possesses the ability to perform the job. For the purpose of this Agreement "ability to perform the job" is defined as having acquired the proficiency to do that type of work productively. The Company's determination of abilities of the employees to be considered for reduction in force, recall, transfer and the filling of vacancies shall be final unless it is established, through the grievance procedure, that such determination was made without reasonable justification.

Section 4. Reduction in Force. In order for a senior employee to displace a less senior employee as a result of a reduction in force, the senior employee must demonstrate his ability to equal or exceed the average production rate being achieved by the group of employees he will begin working on similar work under similar circumstances and achieve such proficiency as of his third day doing the work.

Section 5. Recall shall be handled in accordance with Article Thirteen.

Section 6. Transfers.

Permanent reassignments/vacancies.

a. For the purpose of this Article "permanent" is defined as those cases where the job and position are expected to be ongoing in nature.

b. The Company will post vacancies on a bulletin board in a central location and the supervisors will make the employees aware of the vacancies. Within five (5) working days of the posting of the vacancy, all interested employees may sign up requesting that they be considered for the job. The Company will then, within ten

(10) days of posting, award the position as follows. The Company will provide a listing of new jobs, and/or job openings, to the area Shop Steward when they occur, but no less than weekly. Additionally, the Company shall post vacancies and application procedures on the company website and the union bulletin board.

The website will be provided to each employee at the time of hire.

Section 7. The Company may initially fill immediate demands placed upon it by the Government without regard to seniority or the posting requirement providing that once the posting is accomplished then the provisions of this Article will be acted upon.

Section 8. The Company will notify affected employees of impending layoffs at such time as the Company becomes officially aware of or is officially notified of a reduction in available work.

ARTICLE THIRTEEN

RECALL

Section 1. A laid-off employee shall be given at least twelve (12) hours’ notice of recall by telephone. Should the Company fail in its attempt to reach a laid-off employee by telephone, a certified letter (return receipt required) will be sent to the employee at his/her last known address or the address the employee has stated he/she can be reached in the event of recall. Upon receipt of this letter the employee must report for work no later than his/her regular reporting work time (or at the time specified in the letter) of the regular work day following receipt of the letter. It is the responsibility of the employee to keep the Company informed of their correct address and phone number.

Section 2. In the event that the employee fails to make himself available at the time and place specified in the telephone call or letter, the employee shall lose all seniority rights under this Agreement, except when the Company has granted written permission for a delay in reporting. Loss of seniority and recall rights will not occur where there is a verifiable reason beyond the control of the employee for the delay in reporting. Said employee shall not, however, bump another recalled employee but would be eligible for subsequent recall.

Section 3. Employees who are recalled by telephone who have less seniority than other employees on the layoff list cannot be displaced by a more senior employee responding to the written recall notice until five (5) work days have elapsed.

ARTICLE FOURTEEN

LEAVES OF ABSENCE

Section 1. Personal reasons. The Company may, in its sole discretion, allow an employee a personal leave of absence if requested in writing of up to six (6) months without pay and in accordance with its Company policy on such matters. Provided that a requested leave of absence for personal reasons will not interfere with the efficient operation of the Company's business, the Company will not unreasonably deny a request for such leave.

Section 2. Military Leave. Any employee who enters the Armed Forces of the United States shall have the right to reinstatement in his former job and other re-employment rights in accordance with applicable Federal law.

Section 3. Procedure Upon Return. If upon the expiration of this leave of absence, the employee would have been laid off in accordance with the application of this Agreement notwithstanding his leave of absence, the employee shall go immediately on layoff. If layoff is not appropriate, and if the employee returns on the expiration date of his leave, the employee shall be placed in his previous job, or in a comparable job, provided he is qualified to perform such job.

Section 4. Outside Employment Exclusion. A leave of absence will not be granted and shall not be used to enable an employee to try for or accept employment elsewhere or for self-employment.

Section 5. Union Business. Any employee who may be elected an officer, or appointed a delegate to represent the Union shall be granted a leave of absence for the period of time required without pay. The Union shall give the Company written notification no less than five (5) working days prior to the leave of absence. This notification shall provide the name(s) of the person(s) involved and the probable start and stop dates of the leave of absence.

Section 6. The Company shall, upon written application, grant a leave of absence without pay for a period of not to exceed twelve (12) months, for illness or injury (including work-related) that prevents the employee from working. The employee shall be required, as soon as possible, to substantiate his reason for his inability to work and the anticipated time that he will be absent from work. The Company must be notified of any extensions of absence beyond the date initially given and the expected new date of return to work. Any leave granted under this section shall run concurrently with leave available to the employee under the Family Medical Leave Act.

Section 7. Any employee who is called for jury duty will be paid for their regular hourly rate for the time that they are serving as a juror less the compensation paid by the court up to a maximum of five (5) days.

ARTICLE FIFTEEN

SHOP STEWARDS

Section 1. The Company recognizes the necessity for the Union to designate Shop Stewards from the Company's employees but no more than two (2) Stewards will be designated at each work site unless mutually agreed upon. All Stewards shall be appointed by the Local Union having jurisdiction of the work site and the Company shall be notified in writing of all such appointments.

Section 2. It is agreed upon and understood that the Steward is to continue to be a productive, contributing and working employee of the Company subject to all the normal and usual rules and regulations of any other employee. However, the Steward will be granted permission, when requested, to receive and process grievances in and about those work sites for which he is responsible normally between the hours of 11:00 a.m.

and 1:00 p.m. The Company will grant permission for the Steward to receive and process grievances outside these time frames when circumstances make it appropriate to do so.

Section 3. Employees working shipboard or at remote locations where no Steward is on site will have access to his steward through his supervisor. Each employee covered by this Agreement must go to his supervisor to request a Steward’s presence. The supervisor will insure the employees request is passed to the appropriate steward within four (4) on-duty hours of having received the request from the employee. "Request for Steward Assistance" forms will be filled out in duplicate by the appropriate Steward's Supervisor and presented to the Steward who will sign and date/time both forms retaining one for himself and returning one to his supervisor.

Section 4. It is mutually understood that the Steward selected must be able to conduct himself in a professional manner and maintain channels of communication.

Section 5. To the greatest reasonable extent possible, the Company will not transfer or reassign a Steward away from his usual work place. This is to ensure ready accessibility of the Stewards to the employees and to standardize the usual locations of the Stewards. Shop Stewards shall have Super Seniority in order to maintain proper representation for the employees. Super Seniority shall apply only to layoff, recall, reduction in force, and transfer.

ARTICLE SIXTEEN

DISCIPLINE

Section 1. No employee shall be discharged or disciplined without just cause, nor in a manner nor for any reason which violates the terms and conditions of this Agreement.

The employees may seek proper recourse under the grievance procedure if he or she feels he has been unjustly disciplined.

Section 2. The Company's Standard Schedule of Disciplinary Offenses and Penalties for Employees will be posted at all major work sites and personal copies made available upon request to employees. Employees guilty of a violation of Company Rules shall be disciplined in accordance with the Standard Schedule of Disciplinary Offenses and Penalties for Employees (Appendix A hereto).

Section 3. The Company will provide the employee and the Shop Steward with a written explanation as to any and all disciplinary actions taken against the employee within one (1) work day of the action.

Section 4. All employees are expected to be at their assigned work stations, ready to work (which shall include, but not be limited to, dressed in appropriate safety gear as required hereunder and in the Company’s policies and procedures, on time, at the time specified for the beginning of their shift, and to remain at their work until the end of their assigned shift, or until specifically relieved by their supervisor.

Section 5. All absences shall be considered unexcused except in the following instances:

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

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

c. When the employee notifies the Company prior to or within one hour of the start of the employees shift that the employee will not be present and then providing the employee offers an acceptable excuse.

Section 6. An acceptable excuse includes but is not limited to the following:

a. Too ill to work; substantiated by a doctor's slip for absences of two (2) days or more or for repeated absences (two (2) or more occurrences in a six (6) month period) stating that the employee was seen and exempted from work by the doctor for a medically verified condition which temporarily incapacitates the employee. Doctor's slip must be presented to the Company by the employee upon the employees return to work stating the duration of the employee's incapacitated condition.

b. Such other special circumstances as deemed acceptable to and at the sole discretion of the Company may be excused.

Section 7. The Government may direct the Company to remove certain individuals. It is understood that the Company may terminate any employee if directed to do so by the Government under the provisions of its Contract or if the Government denies the employee access to any of the work sites or government computer systems. The Company and the Local Union agree to intercede collectively or independently on the employee's behalf if there are extenuating circumstances which, in the opinion of the Parties, tend to make the decision made by the Government unfair to the employee.

This is not, however, a grievable matter.

Section 8. The “non-personal services contract” awarded by the Defense Logistics Agency stipulates Government employees will not exercise any supervision or control over the Contractor’s employees performing contract services and contract employees shall be accountable solely to the Contractor’s Site Supervisor. Therefore, written and verbal exchanges between contract employees and government personnel regarding company business, employment issues, work assignments, pay disputes, human relations, etc. are prohibited. Such communications that involve government personnel in the employee/employer relationship will result in disciplinary actions outlined in Appendix B.

ARTICLE SEVENTEEN

GRIEVANCES

Section 1. Purpose. Any dispute regarding the interpretation and/or application of this Agreement and any charge of violation of this Agreement may be resolved through the grievance procedure. The grievance procedure shall serve as the exclusive means to resolve any such dispute(s), or charge(s). The time frames referred to in this Article may be extended by mutual consent of the Company and the Union.

Section 2. Grievance Procedure. Grievance shall be raised and processed while facts and recollections are still fresh and available. All employee grievances must be presented within three (3) working days, (excluding Saturdays, Sundays, and Holidays) after the event giving rise to the grievance becomes known, or reasonably should have been known, to the employee. The procedure for discussing and settling a grievance shall be as follows except an authorized representative of the Union may submit grievances directly to the third (3rd) step of the grievance procedure in those cases where a policy issue is involved and the Company representatives mentioned in the first two steps do not have the authority to respond to, or settle the grievance.

Grievances shall be on a form provided by the Union and shall state, when possible, the article of the Contract violated, a description of the Act which is allegedly in violation of the Agreement, the grievant's name, the remedy sought and will be signed by the grievant and/or Steward.

Step One The grievant shall discuss the grievance with his immediate supervisor specifically telling the supervisor that this may be a subject for the second step process of the grievance procedure. He may bring with him his shop steward (or assistant shop steward) if he so desires. If this discussion does not resolve the matter, the supervisor shall give his answer to the employee by the end of the second working day following the day of the oral discussion.

Step Two The step one answer shall settle the grievance unless the grievance is placed in writing and delivered to the Company's Site Manager within three (3) working days after the day on which the Step One answer was given. The written grievance shall state the facts of the grievance and shall cite the provisions of this Agreement, if any, that are claimed to have been violated. The written grievance must be dated and signed by the shop steward (or assistant shop steward) and/or by the grieving employee(s). The Company Site Manager shall meet with the shop steward, the aggrieved, and witnesses promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. The Site Manager's step two answer shall be given in writing to the shop steward within three (3) working days following the day of the meeting.

Step Three The step two answer shall settle the grievance unless it is appealed to the Company's Designated Representative within five (5) days of the shop steward's receipt of the step two answer. The Company's Designated Representative shall meet with the Unions’ Authorized Representative promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. If no settlement is achieved, the Company's step three answer shall be given in writing to the Union's Authorized Representative within five (5) working days following the day of the meeting. The step three answer shall settle the grievance unless it is appealed to arbitration in accordance with Article Eighteen.

Section 3. The shop steward shall be paid at his regular straight-time hourly rate for all time actually spent in processing a grievance(s). Each grievant and witness shall be paid at his regular straight-time hourly rate for all time actually spent and substantiated in steps one, two or three of this Article. The Union will hold the number of its' witnesses to the minimum needed to present its' case.

ARTICLE EIGHTEEN

ARBITRATION

Section 1. The Union may appeal a grievance to arbitration by giving written notice to the Company within fifteen (15) calendar days of the Company's step three answer.

After such notice has been given, the parties shall jointly request the Federal Mediation and Conciliation Service to submit to them a list of the names of five (5) potential arbitrators. The first strike of names shall be alternated between the Union and the Company. Each shall strike one (1) name during their turn and the remaining name shall be the arbitrator.

Section 2. The arbitrator shall promptly schedule a hearing in the general area of the work site where the grievance arose, at which each party shall have the right to present evidence, examine and cross-examine witnesses, make a record, and file written arguments.

Section 3. The arbitrator shall consider only the issues raised in the step three grievance form, or in the writings involved in the "Grievance" Article, and shall have the power to interpret and/or apply the terms of this Agreement, without adding to, subtracting from, ignoring, or amending the express terms of this Agreement.

Section 4. The arbitrator must state his decision in writing within thirty (30) calendar days following the date of the hearing. The arbitrator's duly rendered decision shall be final and binding on the Company, the Union, and all employees.

Section 5. The fees and expenses of the arbitrator and the hearing room shall be shared equally by the Company and the Union. All other expenses shall be borne by the party incurring them.

ARTICLE NINETEEN

HOURS OF WORK AND OVERTIME

Section 1. Nothing in this Article shall be construed as a guarantee of a maximum or minimum number of hours of work per day, per week or per year.

Section 2. The work week shall be seven (7) consecutive days commencing at 12:01 a.m. Sunday and ending 12:00 midnight Saturday. The workday shall commence at 12:01 a.m. and run for twenty-four (24) consecutive hours each day of the work week.

An employee's normal work week shall consist of five (5) consecutive, eight (8) hour days, Monday through Friday. An employee’s normal workday shall consist of eight (8) consecutive hours, exclusive of lunch.

Section 3. When an employee works in excess of forty (40) hours in a work week, such work shall be classified as overtime and paid for at the rate of one and one-half (1- 1/2) times his or her regular straight-time hourly rate. The Company agrees to not reschedule work for the purpose of offsetting overtime or holiday hours or pay. Hours paid for vacation and holidays shall be counted as hours worked and shall be counted towards the calculation of overtime.

Section 4. The Company will make overtime available among those employees who normally perform the tasks for which overtime is required, and then by seniority insofar as practical among other qualified employees as determined by the Company.

Section 5. All employees working a six-hour or greater shift shall receive a one-half (1/2) hour unpaid lunch period. The Company has the discretion to schedule lunch periods. Any employee who is required to work during his/her lunch period and who so works shall receive one and one-half (1-1/2) times his regular straight-time hourly rate for that period.

Section 6. Each employee is entitled to fifteen (15) minutes break time in the first half and fifteen (15) minutes break time in the second half of his/her shift provided such shift is eight hours or longer. The Company has discretion to allow a "break" at the same time as other employees or at staggered intervals during the shift.

Section 7. Supervisors will canvas those employees currently working on the job for which overtime work is required, to determine if the overtime work can be performed by volunteers with the ability to perform the job prior to mandatory overtime assignments.

Mandatory overtime will be assigned by inverse seniority within that job. If additional employees are required to work overtime upon completion of canvassing mandatory assignments such additional employees will be assigned by inverse seniority from other Company employees possessing the ability to perform the job for which overtime is required.

ARTICLE TWENTY

TEMPORARY TRANSFERS

An employee who is temporarily transferred to a job classification carrying a rate of pay higher than his regular classification shall receive the rate of pay applying to the temporary job for all time worked in that temporary job. If an employee is temporarily transferred to a classification carrying a lower rate of pay the employee shall continue to receive his/her regular rate of pay.

ARTICLE TWENTY-ONE

PAID HOLIDAYS

Section 1. The following are the paid holidays for all employees:

New Year's Day Columbus Day Washington's Birthday Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day * One (1) Personal Holiday Martin Luther King's Birthday

Section 2. Holiday Pay Not Worked. An eligible employee who does not work on a holiday listed in Section 1 above shall be paid holiday pay of eight (8) hours of pay at his regular straight-time rate.

Section 3. Eligibility Rules. To be eligible for holiday pay an employee must:

a. Have successfully completed his probationary period; and

b. Have worked the last scheduled work day prior to and the first scheduled work day after such holiday, unless excused by management in advance, when possible. If the absence is due to an illness, a physician’s note will be required to authorize the absence as excused.

Section 4. Work on Holiday. An employee who works on a shift which begins on a paid holiday shall be paid at a rate of time and one-half (1-1/2) his applicable straight-time hourly rate of pay for hours actually worked on the paid holiday (plus the holiday pay to which he is otherwise entitled for hours not worked on the paid holiday.)

Section 5. Holiday falling Within a Vacation. An employee shall receive the holiday pay for each holiday listed in Section 1 of this Article which occurs while the employee is on an approved vacation, as provided in this Agreement.

Section 6. Holidays will be observed on the date established by the Federal Government. The personal holidays will be observed on the day of the employee’s choosing so long as the day has been cleared with his/her immediate supervisor in advance (two working days minimum). Holidays which fall on Saturday or Sunday will be observed on Friday or Monday.

ARTICLE TWENTY-TWO

VACATIONS

Section 1. Length of Service Determination. Length of service for vacation shall be determined by the employee's length of continuous service with the Company and/or with any number of contractors from his anniversary date of employment on this contract or succeeding contracts covering this work which may be included under the present or future contract numbers.

Section 2. Vacation Pay. Eligible employees will be block granted vacation hours based on anniversary date according to the schedule below. Employees must use vacation prior to their next anniversary date. Unused vacation will be forfeited.

Number of Full Continuous Years of Service as of

Anniversary Date

Maximum Yearly Vacation Pay

Allowance One to 4 years 128 hours

More than 4 years 168 hours 10 years and over 208 hours

Section 3. An employee who is terminated or quits prior to his/her anniversary date of employment shall be paid for all earned/vested but unused vacation to which he/she is entitled. In the event of a change of contractors and the employee is hired by the successor contractor, the successor contractor, and not the Company, becomes responsible for all accrued but un-credited vacation due the employee.

Section 4. Scheduling and Taking Vacations. As far as practicable, vacations shall be granted at times most desired by the employee, with preference to employees with greatest seniority in case of conflict, but final right to schedule vacation is reserved to the Company in order to ensure orderly and efficient operations.

Employees are responsible for requesting vacation with as much advance notice as possible. All requests for vacation usage must be submitted in advance to the employee’s Manager or Supervisor for approval.

ARTICLE TWENTY-THREE

WAGES

Section 1. The classifications and regular straight time hourly rates of pay for all employees under this contract can be viewed in Appendix D.

Section 2. Lead-persons shall be a working member of a group who is responsible for leading, directing, instructing, on-the-job training, and checking or approving the work of his/her assigned group.

The Company, at its sole discretion, may assign employees to be a lead-person so long as the employee agrees to accept the responsibility of the position.

Lead-persons will receive a premium of $1.00 per hour in addition to his normal rate of pay.

Any employee required to have HAZMAT certification will receive fifty cents ($.50) per hour in addition to his regular pay.

Section 3. No employee covered by this Agreement shall receive a lesser rate of pay than they are currently receiving for work in their present job classification by reason of this Agreement being placed in effect.

ARTICLE TWENTY-FOUR

CLASSIFICATIONS

Section 1. In the event new classifications are created, the Company and the Union will meet promptly to negotiate the proper classification description and the wage rates for the classification.

Warehouse Specialist: Performs a variety of warehousing duties that require an understanding of the establishment's storage plan. Work involves most of the following:

verifying materials against receiving documents, noting and reporting discrepancies and obvious damages, routing materials to prescribed storage locations; storing, stacking, or palletizing materials in accordance with prescribed storage methods, rearranging and taking inventory of stored materials, examining stored materials and reporting deterioration and damage, removing material from storage and preparing it for shipment. This worker may operate hand or power trucks in performing warehousing duties. Excludes workers whose primary duties involve shipping and receiving work, order filling, or operating forklifts/power trucks. Warehouse Specialist shall possess a minimum of four years general supply experience of which at least two years’ experience was spent performing warehouse duties. Required to bend, kneel, stoop, stretch, reach, carry, climb and lift weights up to fifty pounds. DOL Service Contract Act Directory of Occupations Category 21400 (Warehouse Specialist) Pertains.

Supply Technician: Performs a variety of technical supply management work in a number of specialized areas of expertise (e.g., inventory management, causative research, material expediting, material coordination for special programs, equipment validation/inventory, material identification and cataloging, storage management, allowance document preparation, property utilization, etc.) related to depot, local, or other supply activities. Work is usually is segregated by commodity area or function, and controlled in terms of difficulty, complexity, or responsibility. Required to bend, kneel, stoop, stretch, reach, carry, climb and lift weights up to fifty pounds. DOL Service Contract Act Directory of Occupations Category 01400 applies.

Assignments usually relate to stable or standardized segments of technical supply management operations; or to functions or subjects that are narrow in scope or limited in difficulty. The work generally involves individual case problems or supply actions which require consideration of program requirements together with specific variations in or from standardized guidelines.

Assignments require a good working knowledge of the governing supply systems, programs, policies, nomenclature, work methods, manuals, or other established guidelines; an understanding of the needs of the organization serviced; and sufficient analytical ability to define or recognize the dimension of the problems involved, to collect the necessary data to establish the facts, and take or recommend action based upon application or interpretation of established guidelines.

Supply Technicians shall have a minimum of six years’ experience of which at least three years is specialized in the area of expertise required (i.e., expediting, causative research/record reconciliation, etc.).

a. Inventory/Supply Records Reconciliation. Supply Technicians with this experience perform research functions associated with correcting the disagreement between the warehouse and stock records. This person can perform independently in researching inventory records by developing audit trails from issue/receipt documents, transaction ledgers and other files at Naval Supply Centers or major stock points of DoD.

b. Expediting. Supply Technicians with this specialization requires extensive knowledge of Naval Supply System regulations, policies and procedures.

Assignments involve a variety of supply related operations and situations in support of activities both afloat and ashore. Successful execution requires a thorough understanding of Navy/DLA requisitioning systems, an ability to determine an appropriate course of action based upon circumstances or conditions encountered and the ability to take action as appropriate. Also required is the ability to conduct detailed research for desired information in supporting records, publications and on files such as: computer listings, stock catalogs, requisition files, etc. Assignments are covered by and required application of standardized supply regulations, policies, procedures or other instructions relating to the specific functions assigned. In some situations, this requires familiarity with automated supply systems (ADP) and a knowledge of the complex coding structures for specific supply transactions and requisition status.

Specifications: Incidental use of personal computers (PCs) in the performance of primary tasking may be required. Supervise supply management projects.

Shipping Packer: This position prepares finished products for shipment or storage by placing them in shipping containers, the specific operations performed being dependent upon the type, size, and number of units to be packed, the type of container employed, and method of shipment. Work requires the placing of items in shipping containers, and may involve one or more of the following: knowledge of various items of stock in order to verify content, selection of appropriate type and size of container, inserting enclosures in container; using excelsior or other material to prevent breakage or damage, closing and sealing container, and applying labels or entering identifying data on container. DOL Service Contract Act Directory of Occupations Category 21110 applies.

Truck Driver – Heavy Trucks: Operates a truck with a load capacity in excess of 8,000 pounds (straight truck, usually ten wheels) within a city or industrial area and shall be licensed in accordance with local, state or federal laws. Transports material, merchandise, equipment or workers between various establishments, customers’ houses or places of business, etc. May also load or unload trucks with or without helpers, make minor mechanical repairs and keep the vehicle in good working order and in compliance with state/local vehicle operating requirements. The contractor shall be liable for damage or loss of material being transported. Required to bend, kneel, stoop, stretch, reach, carry, climb and lift weights up to fifty pounds. DOL Service Contract Act Directory of Occupations Category 31363 applies. “Load Capacity” is defined as Empty Vehicle Weight (EVW) subtracted from Gross Vehicle Weight (GVW).

Truck Driver – Light Trucks: Operates a truck with a load capacity of 0 to 3,0000 pounds (straight truck, usually ten wheels) within a city or industrial area and shall be licensed in accordance with local, state or federal laws. Transports material, merchandise, equipment or workers between various establishments, customers’ houses or places of business, etc. May also load or unload trucks with or without helpers, make minor mechanical repairs and keep the vehicle in good working order and in compliance with state/local vehicle operating requirements. The contractor shall be liable for damage or loss of material being transported. Required to bend, kneel, stoop, stretch, reach, carry, climb and lift weights up to fifty pounds. DOL Service Contract Act Directory of Occupations Category 31363 applies. “Load Capacity” is defined as Empty Vehicle Weight (EVW) subtracted from Gross Vehicle Weight (GVW).

General Clerk: Performs a combination of clerical tasks to support office, business, or administrative operations, such as: sorting, distributing, or collecting mail; maintaining records; receiving, preparing, or verifying documents; searching for and compiling information and data; responding to routine requests with standard answers (by phone, in person or by correspondence). The work requires basic knowledge of proper office and mailroom procedures. Workers follow prescribed procedures or steps to process paperwork; they may perform other routine office support work, (e.g., typing, filing, or operating a keyboard controlled data entry device to transcribe data into a form suitable for data processing).