Amendment_0009.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO.

Redstone Arsenal, AL

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60015R0515

X

2015 JUL 15

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor X is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

Opening/Closing Date Changed to:

2015 JUL 15 / 2016 FEB 08

TIME 3:00 PM

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUED ON NEXT PAGE

Amendment 0009 is hereby issued to include the following:

A. Solicitation SPE600-15-R-0515 is hereby reopened. Offers are due no later than Friday, February 12, 2016 to DLA Energy - FESAB at 3:00 PM Ft. Belvoir, Virginia time.

B. The solicitation is hereby revised to incorporate the Collective Bargaining Agreement (CBA) effective December 1, 2013 to September 30, 2016. (Attachment)

C. The solicitation is hereby amended to change the Period of Performance as follows:

April 25, 2016 through April 24, 2020 (Base Period) April 25, 2020 through April 24, 2025 (First Option) April 25, 2025 through April 24, 2030 (Second Option) April 25, 2030 through April 24, 2035 (Third Option)

D. Questions will no longer be accepted. Ambiguities in the proposal or other concerns (e.g., perceived deficiencies, weaknesses, errors, omissions, or mistakes) will be addressed during negotiations.

E. All other terms and conditions of the solicitation remain unchanged.

PAGE 2 OF 3 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60015R0515-0009

Attachments

List of Attachments

Description File Name ATTACH.RSA CBA RSA CBA changes

(2)_Redacted.pdf ATTACH.RSA CBA 2 RSA CBA changes

(3).pdf

PAGE 3 OF 3 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60015R0515-0009

COLLECTIVE BARGAINING AGREEMENT (CBA)

PLUMBERS & STEAMFITTERS AND

ELECTRICAL WORKERS

(Effective 1 December 2013 – 30 September 2016)

PREAMBLE

The parties to this Agreement are Electrical Workers, Plumbers and Steamfitters, ARTICLE 1

RECOGNITION

Section 1.1 - Recognition of Union. The Company recognizes the Union as the exclusive representative of "employees" as defined in Section 1.2. This Agreement covers Service Contract Employees only.

Section 1.2 - Definition of Employees. Whenever used in this Agreement the term "employees" shall mean all full-time and regular part-time employees, who accrue seniority, engaged in alterations, maintenance, repair and motor pool employees employed at the Redstone Arsenal in Huntsville, Alabama, including the administrative employees, but excluding all equipment operators, heavy mechanics, heavy mechanic helpers, temporary employees, office clerical employees , confidential employees, guards and supervisors as defined in the Act, pursuant to the certification of the National Labor Relations Board

Section 1.3 - Definition of Probationary Employee. An employee who has never accrued seniority under this Agreement or predecessor agreements between the Company and the Union, or an employee rehired after termination of seniority shall be in a "probationary" status until completion of sixty (60) calendar days of employment. The discipline or discharge of an employee who is in probationary status shall not be a violation of this Agreement. During this probationary period, an employee shall be considered as having no seniority right, provided that upon completion of the probationary period, an employee shall be entitled to seniority rights under Section 8.1 of Article 8.

Section 1.4 - Temporary Employees. “Temporary Employees" are persons hired by the company to work for a period not to exceed forty-five (45) work days from the commencement of their employment in any calendar year and, who prior to the commencement of actual work, have executed a written statement acknowledging such duration of employment. A person initially hired under such conditions may actually work in excess of forty-five (45) workdays from the commencement of his/her employment but shall be limited to 320 hours if working more than 45 days in any calendar year. Exceptions to the provisions within this section will be made by the mutual written agreement of the Company and the Union if such exceptions do not allow a permanent bargaining unit job vacancy to be filled by a temporary employee.

CBA

Effective 1 December 2013 – 30 September 2016

ARTICLE 2

NON-DISCRIMINATION

Section 2.1 - Non-Discrimination. The Company and the Union mutually agree not to discriminate in making decisions and determinations concerning hiring, promotion, employment termination, transfer, compensation, and terms or conditions of employment. Both parties agree that all such decisions and determinations will be made without regard to race, color, religion, sex, age, disability not related to job performance, national origin or ancestry, or because individual is disabled or Vietnam era veteran.

ARTICLE 3

MANAGEMENT RIGHTS

Section 3.1 - Retention of Managerial Prerogatives . Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to the rights, in accordance with its sole and exclusive judgment and discretion; to reprimand, suspend, discharge, or otherwise discipline employees for cause; to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to promote, demote, transfer, layoff, recall to work, and retire employees; to set the standards of productivity, the products to be produced, and/or the services to be rendered; to determine the amount and forms of compensation for employees; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, division, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment;

to determine the number, location and operation of all organizational Divisions, Branches, Sections, and all other organizational elements/units of the Company; to issue, amend and revise policies, rules, regulations, and practices; to require physical examinations and substance abuse screening of employees in accordance with the Company's Substance Abuse Policy as per government guidelines; and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the Company's employees. The Company's failure to exercise any right prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 3.2 - Listing of Specific Rights. The listing of specific rights in this Agreement is not intended to be, or shall it be considered restrictive or a waiver of any rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the Company in the past.

Section 3.3 - Minimum Number of Employees. The Company shall not be required to employ more than the minimum number of employees necessary to safely and efficiently operate the business and it is recognized that in order to accomplish this end it will be necessary from time to time to create, modify, consolidate, or eliminate existing or future classifications and duties.

Section 3. 4 Disciplinary Actions - Upon an employee’s written request, an employee’s discipline record will purge after 3 years on the condition that there be no disciplinary violation within that timeframe.

ARTICLE 4

NO STRIKES OR LOCKOUTS

Section 4.1 - No Strikes. In consideration of the Company's commitment as set forth in Section 4.3 of this Agreement, the Union, its officers, agents, representatives, stewards, committeemen and members, and all other employees shall not, in any way, directly or indirectly, instigate, lead, engage in, authorize, cause, as-sist, encourage, participate in, ratify, or condone any strike, sympathy strike, slowdown, work stoppage, or any other interference with or interruption of work at any of the Company's operations, whether or not such a strike, sympathy strike, slowdown, work stoppage, or other interference with or interruption of work (a) involves a matter subject to resolution pursuant to the grievance and arbitration procedures set forth in Article 7 of this Agreement; or (b) involves a matter specifically referred to or covered in this Agreement;

or (c) involves a matter which has been discussed between the Company and the Union; or (d) involves a matter which was within the knowledge or the contemplation of the Company and the Union at the time this Agreement was negotiated or executed.

Section 4.2 - Discipline for Violation of Section 4.1. The failure or refusal on the part of any employee to comply with the provisions of Section 4.1 of this Agreement shall be cause for immediate discipline, including discharge, and such discipline shall not be subject to the arbitration provisions set forth in either Article 7 or Section 4.4 of this Agreement. The failure or refusal by a Union officer, agent representative, steward or committeeman to comply with the provisions of Section 4.1 of this Agreement constitutes leading and instigating a violation of said Section 4.1, it being specifically agreed that the Union officers, agents, representatives, stewards and committeemen, by accepting such positions, have assumed the responsibility of affirmatively preventing violations of Section 4.1 of this Agreement by reporting to work and performing work as scheduled and/or required by the Company.

Section 4.3 - No Lockouts. In consideration of the Union's commitment as set forth in section 4.1 of this Agreement, the Company shall not lock out employees.

Section 4.4 - Expedited Arbitration. In the event of an alleged violation of Section 4.1 of this Agreement arising out of a matter not subject to resolution pursuant to the grievance and arbitration procedures set forth in Article 7 of this Agreement, the Company may institute expedited arbitration proceedings regarding such alleged violation by delivering written or telegraphic notice thereof to the Union and to the American Ar-bitration Association. Immediately upon receipt of such written or telegraphic notice, the Federal Mediation and Conciliation Service shall appoint an arbitrator to hear the matter. The arbitrator shall determine the time and place of the hearing, give telegraphic notice thereof, and hold the hearing within twenty -four (24) hours after his appointment. The fee and other expenses of the arbitrator in connection with this expedited arbitration proceeding shall be shared equally by the Company and the Union. The failure of either party or witness to attend the hearing, as scheduled and noticed by the arbitrator, shall not delay the hearing, and the

Effective1 December 2013 – 30 September 2016 arbitrator shall proceed to take evidence and issue an award and order as though such party or witness were present. The sole issue at the hearing shall be whether a violation of Section 4.1 of this Agreement has occurred or is occurring, and the arbitrator shall not consider any matter justifying, explaining or mitigating such violation. If the arbitrator finds that a violation of Section 4.1 of this Agreement is occurring or has occurred, he shall issue a cease and desist order with respect to such violation. The arbitrator's written opinion, award and order shall be issued within twenty-four (24) hours after the close of the hearing. Such award and order shall be final and binding on the Company and the Union.

Section 4.5 - Injunctive Relief Pending Expedited Arbitration. In the event of an alleged violation of Section 4.1 of this Agreement to which Section 4.4 of this Agreement is applicable, the Company may immediately apply to the United States District Court for the District of Birmingham for injunctive relief, including a temporary restraining order, prohibiting the continuation of such an alleged violation pending submission of the matter to arbitration and the issuance and enforcement of the arbitrator's order.

Section 4.6 - Damages and Other Remedies. In addition to any other remedy set forth in this Article 4, the Company, without submitting the issue of damages to arbitration, may institute, in any court of competent jurisdiction, an action against the Union for damages suffered by the Company as a result of a violation of this Article 4. The remedies set forth in this Article 4 are not exclusive, and the Company may pursue whatever other remedies are available to it at law or equity.

ARTICLE 5

UNION SECURITY

Section 5.1 - Maintenance of Financial Obligations of Membership. All employees of the Company covered by this agreement who are members of the Union on the effective or execution date of this Agreement, whichever is later, shall remain members and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on the thirty-first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in the Union. All employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall on the thirty-first (31st) day following the beginning of each employment become and remain members in the Union, within the requirements of the National Labor Relations Act. Union membership is required only to the extent that employees must pay either (1) the Union’s initiation fees and periodic dues or (2) service fees corresponding to the proportion of the Union’s total expenditures that support representational activities as other employees. If an individual refuses to pay dues, initiation or service fee as required under this article the Company, upon request of the Union and a showing that the Union has complied with the applicable laws, shall discharge the individual. The discharge shall be effective within ten (10) days after the employee shall be given the right to cure the default in payment of such dues, initiation fees, or uniformly levied assessments by tender of same to the Union.

Section 5 .2 - Indemnification of Company. The union agrees to defend and indemnify and hold the Company harmless from and against any and all claims, demands, suits, grievances, liabilities, actions, costs and expenses in any manner arising out of or connected with action by the Company taken pursuant to the provisions of this Article 5.

ARTICLE 6

CHECKOFF

Section 6.1 - Checkoff. Upon receipt by the Company of a checkoff authorization in the form set forth in Section 6.2 of this Agreement, dated and executed by an employee, the Company shall deduct, from the wages owed such employee for the second payroll period ending in each calendar month following receipt of such checkoff authorization, until such checkoff authorization is revoked by the employee in accordance with the terms thereof, the Union's membership dues for the month in which such deduction is made. The Company will forward the moneys so deducted to the for those members represented by the IUOE together with a list of the names of the employees from whose pay deductions were made. The Company shall deduct from an employee's wages only that amount of money which the have certified to the Company, in writing, is the amount of dues, properly established by the Union in accordance with applicable law and the Union's constitution and bylaws, required of all employees as a condition of acquiring or retaining membership in the Union. If, for any payroll period in which the Company is obligated to make deductions pursuant to this Section 6.1, the wages owed an employee (after deductions mandated by any governmental body) are less than the amount of money which the employee has authorized the Company to deduct pursuant to this Section 6.1, the Company shall make no deductions from wages owed the employee for that payroll period and shall make no deductions, which would have been made from wages owed the employee for that payroll period, from wages owed the employee for any future payroll period.

Section 6.2 - Checkoff Authorization Form. The Company shall not deduct any moneys from an employee's wages pursuant to Section 6.1 of this Agreement, unless the checkoff authorization has been executed by the employee on the form provided by the union and agreed to by the Company.

Section 6 .3 - Indemnification of Company. The Union agrees to defend and indemnify and hold the Company harmless from and against any and all claims, demands, suits, grievances, liabilities, actions, costs, and expenses in any manner arising out of or connected with action by the Company taken pursuant to the provisions of this Article 6.

ARTICLE 7

GRIEVANCE PROCEDURE

Section 7. 1 - Definition of Grievance. A grievance is an allegation by an employee or the Union that the Company has violated an express provision of this Agreement.

Section 7.2 - Grievance Procedure. All grievances that may arise on any work covered by this Agreement shall be handled in the following manner:

(a) Step 1: Between the aggrieved employee and/or the Steward and the employee's immediate Supervisor.

It is understood that the Steward shall have permission to phone the appropriate Union Business Representative for guidance in any situation that may arise during working hours. Step 1 must be orally presented to the immediate supervisor by the aggrieved employee and/or the Steward not later than four (4) workdays after the event giving rise to the grievance or when the employee should have learned of the event giving rise to the grievance whichever is later. The immediate supervisor must provide an oral response not later than four (4) workdays after receipt of the step 1 grievance. If the grievance is not settled at Step 1, the aggrieved employee may proceed to Step 2.

(b) Step 2: Between the aggrieved employee and/or the union Steward and the Program Manager. Step 2 must be submitted, in writing, to the Division Manager or designee, by the aggrieved employee and/or Steward not later than three (3) workdays after receiving the Step 1 response from the immediate supervisor. The Division Manager or designee will answer the grievance in writing within five workdays.

(c) Step 3: Within five workdays from receipt of the answer given by the Program Manager at step two (2), the aggrieved employee may appeal the grievance in writing to the Project Manager. The Project Manager, or his designated representative, shall render a decision within ten (10) workdays.

(d) Step 4: If the Company and the Union do not reach agreement in Step 3 the parties will seek assistance from the Federal Mediation and Conciliation Service for nonbinding mediation.

If the Company and the Union do not resolve the matter through mediation, a list of arbitrators will be requested from the Federal Mediation and Conciliation Service. The parties will alternately strike names, with the requester striking first. The remaining name will be the selected arbitrator. The fees and expenses of the arbitrator shall be the responsibility of the non- winning party. The decision of the arbitrator will be binding on both parties.

Section 7.3 - Written Presentation. All grievances presented at Steps 2, 3, and 4 of the procedure set forth in Section 7.2 of this Agreement shall be presented in writing and include: the facts giving rise to the grievance; the provision (s) of the Agreement alleged to have been violated; the name (s) of the aggrieved employee (s); and the remedy sought. All grievance at Steps 2, 3, and 4 of the procedure set forth in Section

7.2 of this Agreement shall be signed and dated by the aggrieved employee and/or his shop steward. All written answers submitted by the Company shall be signed and dated by the appropriate company representative.

Section 7.4 - Time Limitations. The time limitations set forth in this Article are of the essence of this Agreement. No grievance shall be accepted by the Company unless it is submitted or appealed within the time limits set forth in Section 7.2 of this Agreement. If the grievance is not pursued within the time limitations established in Section 7.2 for any Step, it shall be deemed to have been settled at the preceding Step. If the Company fails to answer within the time limits set forth in Section 7.2 of this Agreement, the grievance shall automatically proceed to the next step.

Section 7.5 - Recognition of Union Stewards. The Union will designate, and the Company will recognize, the number of shop stewards to represent employees in the preparation and presentation of grievances. The Company shall only recognize the stewards which the Local Union has informed the Company in writing of their appointment as a steward. With the prior per-mission of the immediate supervisor, the steward, for a reasonable period of time, may meet with an employee or Business Agent during working hours on Company premises, to investigate a grievance requiring immediate attention. Upon completion of such investigation, he/she shall immediately report back to his/her supervisor before returning to work. Permission will not be unreasonably withheld regarding the steward's need to investigate the cases involving or situations involving employee discipline regarding time off without pay or termination. The steward shall be on the job at all times during working hours as far as practical. The Steward shall not hinder or delay the performance of his/her work or other employee's work. The Steward shall not solicit grievances, nor will the Company afford the Steward preferential treatment. The Company will honor an employee’s request for Union representation at any meeting in which management intends to issue a disciplinary action.

ARTICLE 8

SENIORITY

Section 8.1 - Definitions.

(a) Seniority. Seniority shall mean an employee's length of continuous service with the Company, within the bargaining unit, measured in calendar days beginning on the 91st day of employment, after completion of the probationary period. If application of the preceding sentence results in two (2) or more employees having the same seniority, the employee whose last four (4) digits in his/her social security number that is the largest shall be deemed more senior. Seniority shall not accrue to a probationary employee until completion of the probationary period set forth in Section 1.3 of this Agreement, at which time the employee shall possess seniority as defined in this Section 8.1. Seniority shall be applicable only as expressly provided in this Agreement.

(b) Seniority Pool. All employees holding the same job classification in the same Division shall constitute a seniority pool. For layoff purposes only, an employee changing job classification on which day he/she changes will begin a new seniority date on the first day worked in that classification. An employee retained in the same classification after completing the apprenticeship program will receive credit for service while in the apprenticeship program for seniority purposes. However, in the event of a layoff or displacement due to the return of an employee from temporary medical or military leave, employees who have moved into a new classification within one year prior to the date of the layoff will retain seniority in their previous classifications. For the purpose of application of this subsection, only one reassignment to a previously held position within the one year shall apply.

Section 8.2 - Layoff.

(a) Determination of Layoffs. The Company will determine the timing of layoffs, the number of employees to be laid off, and in which seniority pool(s) layoffs will be effected. A uniform reduction in the number of hours scheduled in a workweek for all employees in a seniority pool shall not constitute a layoff.

(b) Out of Class Work. The Company shall not circumvent the employees' recall rights (as stipulated in Section 8.5) by working employees out of class in a specific bargaining unit job classification within a specific Division (Facilities or Logistics) for more than twenty (20) hours in a work week when there are any employees on recall for that job classification within that seniority pool. The Company may exceed The 16 hour requirement stipulated herein if recall notification procedures, per Section 8.5, have been initiated.

(c) Equal Distribution. Supervisors will, within operational constraints based on employee capability and employee availability from their permanently assigned job classification, make every effort to equally distribute out of class work among all qualified employees within his/her Section. Out of class work will be allocated as equally as possible, under the provisions stated in this Section. If, during any calendar quarter, the out of class work performed by such employees (who were qualified to perform the out of class work) are not equalized within thirty-two (32) hours, the employees with the least out of class hours within the Section will be offered any required out of class work within the Section (for which he/she is qualified) during the succeeding calendar quarters until the out of class work (for which he/she is qualified) has been equalized within thirty-two (32) hours. Supervisors will post at the end of each month an up-to-date roster that includes the number of out of class hours each employee within the Section has worked through that date for that quarter.

Section 8. 3 - Bumping. Except as expressly specified in Section 8.1(a) and 8.1(b) of this agreement, an employee will not be permitted to displace other employees in that the so called right of "bumping" does not apply to this Agreement. However, the Company does reserve the right to place a laid off employee in another job classification based on qualifications, skills and abilities as required to fill job vacancies or to promote efficiency.

Section 8.4 - Separation Notice. Separation Notice, will not be applicable to those employees recalled for a period that does not exceed ten (10) workdays. An employee with six (6) months or more service who is laid off by the Company will be given one (1) week’s notice prior to layoff or one (1) week's separation pay at his regular straight-time hourly rate of pay for his/her regular scheduled workweek, but not to exceed forty (40) hours of pay in lieu of notice. The Company will make every effort to give one week’s notice of layoff to an affected employee. If the Company cannot give one week’s notice, then any employee with less than six (6) month's service who has completed his/her probationary period shall receive three (3) days separation pay at his/her regular straight-time hourly rate of pay, but not to exceed twenty-four (24) hours of pay when one week’s notice is not given. An employee who is laid off and who has worked on the for five (5) consecutive years will receive severance pay equal to one (1) week of his her regular straight time hourly rate of pay for his her regular scheduled work week but not to exceed forty (40) hours of pay. Severance pay will not be paid for layoff as a result of the loss of the contract to a successor contractor for employees that are retained by successor contractor. Any accrued vacation days shall be paid to any affected employee at the time of layoff.

Section 8.5 - Recall.

(a) Order of Recall. If the Company determines to fill a vacancy in a seniority pool from which laid off employees are eligible for recall, such employees shall be recalled via dispatch by represented Union in the reverse order of layoff.

(b) Notice of Recall. The Company will forward notice of recall by email and/or phone to the representing Union of the recalled position. The employee must, within three (3) workdays of notification of recall, notify the Company and the Union of his/her intent to return to work on the date specified for recall and, thereafter, return to work on such date. Any recalled employee who cannot accept a recall based on their own illness or injury (as certified in writing by a medical doctor – who the Company may, at its discretion and expense, choose) will not lose the remainder of their recall period nor will they lose their recall position to anyone who remains on the recall roster. However, if, while still subject to recall, this employee is later recalled and desires to return, he/she must present a medical doctor’s written return to work certification and will have, upon recall, their seniority date adjusted to reflect less seniority than anyone recalled, hired or rehired while they were unavailable for recall.

Section 8.6 - Filling Vacancies.

(a) Posting and Bidding. If the Company determines to fill a job within the bargaining unit or add a job to Attachment A of this bargaining agreement, the Company will post a notice of the vacancy or job opening on Company provided bulletin boards for four (4) workdays and concurrently provide the posting to the Local Union. Any employee not subject to the restrictions stipulated in Section 8.6, paragraph c below, may submit a bid, using a form provided by the Company, for the job to the Company's designated, Human Resources representative, in writing, during the posting period. Any bid submitted during the posting period shall remain valid for that job in that job classification for that particular seniority pool for sixty (60) days from the initial day of posting, and, therefore, the Company will not be required to post a notice of vacancy or job opening for a job classification within the same seniority pool more than once every sixty

(60) days.

(b) Selection. From among employees qualified for a posted job who submit bids for the job, the Company will award the job to the most qualified employee; provided that, if, because two (2) or more bidders are equally qualified, application of such standard results in a choice of more than one (1) employee who might be awarded the job, the Company will award the job to the senior employee. If no employees qualified for the posted job, submit bids for the job, the Company may fill the job from any source.

(c) Restrictions on Bidding. An employee who is awarded a job for which he/she bid must accept it. If, immediately prior to being awarded a posted job, the employee's designated job classification was in the same labor grade as, or a higher paid labor grade than the posted job, the employee may not bid for another job for a period of twelve (12) months after being awarded the job.

(d) Disqualification of Bidder. An employee who is unable to perform the job to which he/she bid to the satisfaction of the Company, within thirty (30) workdays after being awarded the job, shall be returned to the job classification he/she held at the time of submitting the bid.

(e) Lead Positions. The Company may fill Group Leader jobs in accordance with its sole judgment. It is agreed to by the Company and the Union that Group Leader personnel are for leading only, of those employees within the work area and have no management authority whatsoever. Group Leaders shall not discipline employees. Group Leaders will be paid 4% greater than the highest paid classification under his/her Group leadership. See Attachment C for Group Leader functions. In the absence of a permanent Lead, the Company will appoint a temporary Lead to preform Group Leader tasks.. The temporary Lead shall be compensated at the same rate of the permanent Lead.

Section 8.7 - Termination of Seniority. An employee's seniority shall be terminated and his/her rights under this Agreement forfeited for the following reasons:

(a) discharge, quit, retirement, or resignation;

(b) failure to comply with the recall provisions stipulated in section 8.5(b) of this agreement.

(c) except for layoff, time lapse of twelve (12) months, or for a period equal to the employee's seniority (whichever is less), since the last day of actual work for the Company, regardless of reason;

(d) failure to return to work upon expiration of a leave of absence;

(e) layoff for a period of thirty (30) months or for a period equal to the employee's seniority, whichever is less.

Section 8.8 - Seniority List. The Company shall provide, for each employee's review, a current seniority list every January and July to the Union Business Agents and Union Stewards.

Section 8.9 - Return of Personnel to the Bargaining Unit. A person who, after transfer or promotion out of the bargaining unit, remains in the continuous employ of the Company, may be transferred at the sole option of the Company and notwithstanding any other provision of this Agreement, to any designated job classification in the bargaining unit previously held by the person. For the purposes of this section, seniority shall begin when an employee enters the bargaining unit and shall terminate when the employee ceases to be a member of the bargaining unit.

ARTICLE 9

WAGES

Section 9.1 - Purpose of Article. The sole purpose of this Article is to provide a basis for the computation of straight-time, overtime and other premium wages, and nothing contained in this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours per day, per week, or per year. Wages will be paid biweekly. The pay roll will close so that each employee will receive his/her pay for that pay roll period not later than the close of his/her shift on the seventh calendar day after the last day of the pay roll period.

Section 9.2 - Straight-time Rate of Pay. Except as otherwise specified in this Agreement, an employee shall be paid the straight-time rate of pay for his/her designated job classification for all time for which the employee is entitled to compensation pursuant to provision of this Agreement. The straight-time rate of pay for each job classification set forth in Attachment A hereto shall be the hourly rate specified for that job classification in Attachment A.

Section 9. 3 - Overtime Rate of Pay. For all hours actually worked in excess of eight (8) in a workday, an employee shall be paid one and one-half (1.5) times his/her straight-time rate of pay.

Section 9.4 –Sixth and Seventh Day Premium Pay. Employees not normally assigned to work on sixth day or seventh day in accordance with their normal shift or their normal shift rotation assignments who are required to work on the sixth day will be paid one and one-half (1.5) times his/ her straight time rate of pay and the seventh day will be paid two (2) times his/ her straight time rate of pay.

Section 9.5 – Shift Differential. If the employee is assigned a shift that begins between the hours of 3:00 p.m. and 5:00 p.m., the employee shall receive, in addition to the applicable straight time rate of pay for that workday, a shift differential of one dollar ($1.00) per hour for all hours actually worked in that workday. If the employee is assigned a shift that begins between the hours of 12:00 midnight and 2:00 a.m., the employee shall receive, in addition to the applicable straight-time rate of pay for that workday, a shift differential of one dollar and ten cents ($1.10) per hour for all hours actually worked in that workday.

Section 9.6 - one Rate of Pay for Temporary Transfers. Employees in Attachment A designated Job Classifications. For the hours of actual work an employee, whose designated job classification is listed in Attachment A, is temporarily transferred to another job classification listed in Attachment A with a lower straight-time rate of pay than the straight-time rate of pay for the employee's designated job classification, he/she shall continue to be paid the straight-time rate of pay for his/her designated job classification. For the hours of actual work an employee, whose designated job classification is listed in Attachment A, is temporarily transferred to another job classification listed in Attachment A with a higher straight-time rate of pay than the straight-time rate of pay for the employee's designated job classification, he/she shall be paid the straight-time rate for the job classification to which he/she is transferred. For the hours of actual work during which an employee whose designated job classification is listed in Attachment A is temporarily transferred to a job classification listed in Attachment A, he/she shall be paid the straight-time rate of pay for his/her designated job classification or the straight-time rate of pay for the job classification to which he/she is transferred, whichever is greater. A temporary transfer into another job classification will not exceed four (4) weeks. If the need for such transfer is for a longer duration of time then the job will be posted and bid as required per Section 8.6 "Filling of Vacancies."

Section 9.7 - Call-back Pay. An employee who is notified by the Company to report to work at a time other than the employee's regularly scheduled starting time shall be entitled to a minimum of three (3) hours of work and shall perform such duties as the Company assigns. The Employee shall be paid the applicable rate of overtime pay for all hours worked outside his/her regular shift. Regular shift hours shall be compensated at the employee's regular straight-time rate of pay.

Section 9.8 - Uniforms and Company or Government Provided Tools and Equipment. An employee required by the Company to wear a uniform at work shall be provided an appropriate number of uniforms and weekly cleaning service. The employee shall be responsible for the replacement cost of any lost articles. An employee required to use Company or Government furnished tools, for which he/she has signed responsibility for, shall be responsible for the replacement cost for the loss of any or all of these tools, if that loss is a result of the employee's negligence. The government will do an annual evaluation of the availability of tools and will provide notification sixty (60) days in advance if tools will not be further provided. In the event this happens employees will be responsible to provide their own tools. An employee, when required by the Company to wear safety shoes, shall be reimbursed for the cost of the safety shoes up to a maximum of $150.00 per calendar year for 2014, 2015 and 2016.

Section 9. 9 - No Duplication or Pyramiding of Overtime and Other Premium Pay. For each period of time for which an employee is entitled to compensation pursuant to a provision of this Agreement, he/she shall be paid in accordance with that pay formula set forth in this Agreement which entitles him/her to the greatest amount of compensation, but he/she shall not be entitled to compensation pursuant to any other pay formula set forth in this Agreement. Time for which an employee is compensated pursuant to any preceding section at a premium rate shall not be counted to enable the employee to receive additional compensation pursuant to another provision of this Agreement.

ARTICLE 10

HOURS OF WORK

Section 10.1 - Purpose of Article. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime, and other premium wages, and nothing contained in this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week, per year. The Company's pay records, practices and procedures shall govern the payment of all wages.

Section 10.2 - Workweek. The normal eight (8) hour work shift shall be between the hours of 6:00 A.M.

and 5:00 P.M., beginning midnight Saturday morning until midnight Friday night.

Section 10.3 - Regular Workweek. The regular workweek shall consist of five (5) consecutive days within the workweek.

Section 10.4 - Workday. A workday is a period of twenty-four (24) consecutive hours beginning immediately after midnight of one day and ending at midnight on the following day.

Section 10.5 - Regular Workday. A regular workday shall consist of eight (8) hours of actual work in a workday.

Section 10.6 - Non-regular Workweek and Non-regular Shifts. The Company may, when necessary to accomplish contract requirements, establish a non-regular workweek and shift schedule by mutual agreement of the Company and the Union.

Section 10.7 - Overtime Work and Equalization. Before requiring employees to work overtime, the Company will request volunteers from among the employees in the seniority pool in which overtime will be worked. Overtime will be allocated as equally as possible among such employees. If, during any calendar quarter, the overtime hours worked by such employees are not equalized within thirty-two (32) hours, the employees with the least overtime hours will be offered any overtime to be worked in the Section pool during the succeeding calendar quarters until overtime has been equalized among such employees within thirty-two (32) hours. For purposes of overtime equalization, an employee who refuses voluntary overtime or cannot be contacted will be considered to have worked the number of overtime hours he/she would have worked had he/she not refused the overtime or if he/she could have been contacted and worked the overtime.

Section 10.8 - Work Exceeding Sixteen (16) Continuous Hours. Employees are not normally required or permitted to work more than two (2) continuous shifts. If however, an employee is required to work for more than sixteen (16) continuous hours without a nonwork period of at least six (6) continuous hours, he/she will be paid two times his/her regular rate for all hours worked in excess of sixteen (16) hours until he/she has a rest period of at least six (6) hours. When an employee is required to work for more than sixteen (16) hours without a non-work period of at least six (6) continuous hours, he/she should at the end of this work be relieved from duty if circumstances permit and be given a rest period of at least six (6) hours, in which case all hours of the employee's regular shift which are not worked up to six (6) hours will be paid at straight time pay.

ARTICLE 11

HOLIDAYS

Section 11.1 - Holidays Celebrated. The following dates shall be observed:

(1)New Year's Day ( 7) Columbus Day (2)Martin Luther King Jr. Birthday (8) Veterans Day (3)President's Day ( 9) Thanksgiving Day (4)Memorial Day (10) Christmas Day

(5) Independence Day (11) Employee's Birthday (6)Labor Day

Section 11.2 - Eligible Employees . To be eligible for holiday pay, an employee must be on the active payroll of the Company, and have recorded work hours during the workweek in which a holiday occurs.

Vacation leave does and Sick leave does not satisfy the hours worked requirement for this Section.

Section 11.3 - No Work on the Holiday. An eligible employee who is not required to work on the day observed as a holiday shall receive eight (8) hours' pay at his/her straight-time rate of pay.

Section 11.4 - Work on the Holiday. An eligible employee who is required to work on the day observed as a holiday shall receive one and one-half (1 1/2) times his/her straight-time rate of pay for all hours actually worked on that day, in addition to eight (8) hours' pay at his/her straight-time rate of pay. An employee who is required to work on the day observed as a holiday and who does not report to work shall be ineligible for benefits under this Article for that holiday, maybe subject to disciplinary action.

Section 11.5 - Holiday During a Vacation Period. If a holiday occurs during the scheduled vacation of an eligible employee, the employee will receive eight (8) hours pay at his/her regular straight-time rate of pay for holiday in the workweek in which the holiday occurs. The employee will not be charged a vacation day for the holiday.

Section 11.6 - Overtime Credit. Hours which an employee doesn't work but for which he/she is compensated pursuant to Section 11.3 shall be considered hours worked for the purposes of computing overtime eligibility under Section 9.3 of this Agreement.

Section 11.7 - Employee's Birthday. The observed holiday for the employee's birthday will be a mutually agreeable date between the supervisor and the employee, however, this mutually agreeable date shall be within the fourteen (14) day pay period of the actual birthday.

Section 11.8 - Holiday During a Weekend .

Friday will be observed as the holiday.

Monday will be observed as the holiday.

When an observed holiday falls on a Saturday, the preceding When an observed holiday falls on a Sunday, the following

Section 11.9 Government Holidays. In addition to the above holidays presently recognized the Company agrees to observe any holidays declared as a legal holiday by Congress or executive order and observed by the Military where Government employees are paid.

ARTICLE 12

VACATIONS

Section 12.1 - Vacation Allotment. The amount of vacation to which an employee shall be entitled during any calendar year shall be determined by the year of service in accordance with the following chart:

YEAR OF SERVICE HOURS OF VACATION

0– 9 80 10– 15 120 16– 20 160

21 or more 200

Section 12 .2 - Vacation Scheduling. The Company shall retain the final right to approve, deny, schedule and cancel all vacations. Vacation requests must be submitted as follows:

(1) For eight hours or less: Submit written leave request to supervisor no less than noon (12 pm) the day prior to the vacation start date.

Example: An employee must submit a written vacation request form to his/her supervisor no later than noon (12 pm) on Tuesday for an eight (8) hour or less vacation period that starts on Wednesday (next day).

(2) For up to sixteen (16) hours: Submit written leave request to supervisor no less than the end of the employees regular shift two work days prior to the vacation start date.

Example: An employee must submit a written vacation request to supervisor no less than the end of his/her regular shift on Tuesday for a sixteen (16) hour vacation that starts the following Thursday.

(3) For more than sixteen (16) hours: Submit written leave request to supervisor at least fourteen

(14) days in advance of vacation start date.

Vacation requests submitted within the above timelines will only be disapproved/cancelled by the Company in the event of a job related emergency. Emergency shall be defined as an event which creates an urgent requirement for the skill set of the person approved for vacation, which requirement cannot be delayed or otherwise managed.