2014_Fuels_CBA_Chiulista.pdf

COLLECTIVE BARGAINING AGREEMENT

FOR BASE FUELS SERVICES

BETWEEN

CHIULISTA SERVICES

AND

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO, LOCAL

LODGE NO. 519

GILA BEND AFAF, ARIZONA

EFFECTIVE JUNE, 2014

TABLE OF CONTENTS

Article 1- RECOGNITION………...…………………………………………………1

Article II-Rights of Management…………………………………………………

Article III-No Strikes, Work Stoppages or Lockouts…………………………………2

Article IV-Representation…………………………………………………………….2

Article V-Grievance and Arbitration Procedure……………………………………...4

Article VI-Disciplinary Cases……………………………………………………

Article VII-Seniority………

Article VIII-Employee Classification……………………………………………

Article IX-Hours of Work Shifts/Days Off………………………………………

Article X-Overtime…………………………………………………………………... 9

Article XI-Working Assignments………………………………………………

Article XII-Bulletin Board………………………………………………………

Article XIII-Union Leave of Absence……………………………………………

Article XIV-Dues Check Off……………………………………………………

Article XV-Visitation……………………………………………………………

Article XVI-Drug and Alcohol Free Workplace Policy……………………………. 12

Article XVII-Government Security…………………………………………………. 12

Article XVIII-Compensation……………………………………………………….. 13

Article XIX-Holidays………………………………………………………………. 13

Article XX-Other Paid Time Off…………………………………………………… 14

Article XXI-Military Service Leave……………………………………………… 15

Article XXII- Family Medical Leave………..………………………………………16

Article XXIII- Severance Pay…………………...………………………………… 16

Article XXIV-General Provisions……………………………………………………17

Article XXV – Filling of Vacancies…………………………………………………18

Article XXVI-Chiulista Benefit…………………………………………………… 19

Article XXVII-Severability………………………………………………………….20

Article XXVIII-Entire Agreement…………………………...………………………20

Article XXIX-Terms and Notice of Change or Termination…………………….….20

Signature Page-………………………………………………………………………21

Appendix A- Labor Classifications……………………………………………………1

Appendix B- Chiulista Benefit Plans …………………………………………………4

Appendix C- Work Rule Infraction …………………………………………………..5

COLLECTIVE BARGAINING AGREEMENT

On this First day of July, 2014, Chiulista Services Inc. (hereinafter called the

“Company”), and the International Association of Machinists and Aerospace

Workers, Local Lodge No. 519 (hereinafter called the “Union”), hereby agree as follows:

ARTICLE I

RECOGNITION

Section 1. The Company recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all employees of Chiulista in the bargaining units described in the certification issued by the National Labor Relations Board.

The term “employees” as used in this Agreement means employees in the above-referenced bargaining unit, as per certification and to include the classifications as outlined in Appendix A (Classification and wage rates). Any reference to the male gender in this Agreement shall apply equally to employees of the female gender.

Section 2. The Union shall not organize, or attempt or assist in the organization of supervisory or executive employees having authority in the interest of the Company to hire, direct, transfer, suspend, layoff, recall, promote, discharge or discipline other employees, to resolve grievances or to effectively recommend such actions as defined by the Act (NLRA).

Section 3. The use of regular part-time personnel may be used by the Company. No temporary part-time employees will be utilized for more than 45 days without mutual agreement between the parties. Such agreement shall be made in writing. Temporary

Part-time personnel may not be used to displace full-time employees, nor be used during layoffs. Part-time personnel may be used to fill full-time vacancies up to 45 days. A complete list of part-time personnel will be furnished to the union listing hire date and classification as changes occur.

ARTICLE II

RIGHTS OF MANAGEMENT

Section 1. Except as abridged by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (but not limiting the generality of the foregoing) its rights to establish or continue policies, practices, and procedures for the conduct of business; to select and direct the working force; to establish, eliminate, change or combine work schedules and work assignments, subject to the terms of this Agreement; to transfer, promote or demote employees; to lay off, terminate or otherwise relieve employees from duty for lack of work. To make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business.

Section 2. It is understood and agreed that any of the authority and rights the Company had enjoyed prior to the signing of this Agreement are retained by the Company except those specifically abridged, delegated or granted by this Agreement.

ARTICLE III

NO STRIKES, WORK STOPPAGES OR LOCKOUTS

Section 1. It is the intent of the parties, in the interests of attaining harmonious, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union and the employees shall resort to secure redress for any grievances arising from this Agreement.

Section 2. The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in any sit-down, stay-in, or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.

Section 3. The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in, any strike of any of the Company’s operations, or picketing of any of the Company’s plants or premises.

Section 4. The Company shall immediately notify the Union of any alleged violations of this Article and the Union shall have the opportunity to contact the employee(s) and advise them that no actions cited in Section 2 have been sanctioned by the Union, and warn the employee(s) that if they continue such unsanctioned actions they may be subject to disciplinary actions including discharge. If the Union fails to notify the employee within 24 hours after the Union has been notified by the Company of the alleged violations, the Company reserves the right to impose disciplinary action. Any employee found guilty of violating this Article will be discharged, except employee(s) may exercise their legal right to refuse to perform work that is unsafe to life or limb or health as provided by federal law.

Section 5. The Company will not authorize or direct a lockout.

ARTICLE IV

REPRESENTATION

Section 1. The Union will designate one (1) Chief Steward and two (2) alternates for appendix A and B.

Section2. The steward’s union activities shall be limited to the following scope:

(1) To meet with an employee or employees to answer requests or questions prior to determining whether or not an issue is a violation of the Agreement. If such a meeting cannot be accomplished within a reasonable amount of time or it involves more than one employee other than the steward, then the meeting shall be conducted outside normal duty hours. Time spent in meetings by employees with the steward outside of normal duty hours shall be non-compensated time for all those involved. The work of an employee shall not be disrupted for the purpose of meeting with the steward unless the meeting has been coordinated with the employee’s supervisor.

(2) To present a request, complaint or grievance to the Project Manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(3) To meet by appointment with the Project Manager or other designated representative of the Company, when necessary, to process grievances in accordance with the grievance procedure of this Agreement.

(4) To meet by appointment with the Project Manager or other designated representative of the Company during any disciplinary proceeding of a member of the bargaining unit if the member has requested the Steward’s presence. If member declines request for steward’s presence, the company will inform the chief steward of denial, and provide a copy of any disciplinary action.

Section 3. The Company will recognize the Chief Steward and Alternates for the purposes of representing employees in Steps One and Two of the grievance procedure.

The Grievant and Chief Steward/Alternates will suffer no loss in pay during time spent in the aforementioned steps of the Grievance Procedure to include meetings with management; however, the Grievant shall not be paid if he or she is in an unpaid status

The Alternate Steward(s) will act in the absence of the Chief Steward. Should a Steward be required to leave his/her post to investigate a grievance, he/she shall coordinate and schedule time away from the job with his/her supervisor, and shall report to his/her supervisor upon returning to work. When a Steward makes the effort to comply herein, permission to leave the job to investigate and/or process a grievance shall not be reasonably withheld.

Section 4. No person shall have or exercise any of the authority or duties of a Steward unless and until written notice of such appointment, and revocation of any previous appointments, if applicable, signed by a Representative of the Union, shall be filed with the Company’s Project Manager. It is understood that full-time Representatives of the

Union have the authority to represent members of the bargaining unit at any level of the grievance process and as the duly recognized bargaining agent for collective bargaining purposes.

Section 5. The Company agrees that the Grand Lodge Representative, Directing

Business Representative, or other officer of the Union will be allowed to visit employees at the Facility for the sole purpose of investigating specific grievances or complaints related to the provisions of this Agreement or ensuring compliance with the terms and conditions of the Agreement. Such activities shall be carried out after normal duty hours.

Prior notification of planned visits shall be provided to the Project Manager.

ARTICLE V

GRIEVANCE AND ARBITRATION PROCEDURE

Section 1. Any employee(s) having a complaint shall have the right, directly or through the Chief Steward, to present the complaint to the immediate supervisor. If the parties are unable to resolve the complaint and if the complaint involves a matter subject to the grievance procedure, the complaint may be reduced to writing and processed as a grievance.

Section 2. A grievance is defined as a dispute between the employer and the employee, employees, or Union involving the interpretation, application, or claim of breach or violation of a specific provision of the Agreement that the employee has not been able to adjust orally with his supervisor. The grievance must identify the specific provision of the

Agreement that the Company is claimed to have breached or violated, which at the time the grievance is filed. Grievances must be executed per this Agreement and cannot be pursued where specifically limited by the terms of this Agreement. It is understood that the time limits specified herein may be extended by written mutual agreement of the

Company and the Union.

Section 3. All grievances shall be presented as soon as practicable after the occurrence upon which the grievance is based, but in no event later than seven (7) calendar days if the same is a dismissal grievance, or later than ten (10) calendar days if the grievance arises from any other cause. Failure to present a grievance within this time frame shall constitute a bar to any further action. Saturdays, Sundays and holidays shall not be counted in computing the due date for any decision or appeal there from.

Section 4. All grievances involving the discipline or discharge of an employee shall be presented as soon as practicable after the occurrence upon which the grievance is based, but not later than seven (7) calendar days after the Union and the employee receive a written notice of reasons for discipline or discharge of an employee. If the grievance arises from any other cause, other than the termination (discharge) of an employee, it shall be presented as soon as practicable, but not later than ten (10) calendar days after the occurrence upon which the grievance is based or knowledge of the occurrence upon which the grievance is based, whichever is later. Failure to present a grievance within this time frame shall constitute a bar to any further action for that particular grievance, but shall not constitute a precedent binding upon the Company or the Union.

Section 5. If it is determined under the Grievance Procedure, including Arbitration, that any adjustment in pay is appropriate, such adjustment shall be based upon the rate of pay at the time of the occurrence. Any retroactive adjustments shall not extend more than thirty (30) calendar days prior to the date upon which the grievance was presented.

Section 6. All grievances will be settled according to the following procedure in the following sections. Failure to appeal a decision made at any step in the time specified shall constitute a bar to any further action but shall not constitute a precedent binding upon the Union or the Company.

STEP 1: The employee(s) and the Chief Steward shall meet with the immediate

Supervisor. This Step 1 meeting shall be held not more than five (5) working days from the date the grievance is filed with the Company. The Supervisor shall provide the Chief Steward with a written reply to the grievance within five (5) working days after the Step 1 meeting. If this reply is unsatisfactory, the Union may appeal to Step

2, provided such appeal in writing is made within five (5) working days from the receipt of the Supervisor’s reply. A Step 2 meeting shall be held within ten (10) calendar days after receipt by the Company of the appeal.

STEP 2: The Union Business Representative or his designee and the Chief Steward shall meet with the Project Manager or designated representative. A teleconference is an acceptable method for conducting the meeting. The Manager shall provide a written reply to the grievance within ten (10) working days after the Step 2 meeting.

If this reply is unsatisfactory, the Union may appeal to arbitration, provided such appeal is made in writing within ten (10) working days of receipt of the Manager’s reply. In responding, both parties have an obligation to provide a written response, stating the reason for their position or why the matter is being pursued.

Section 7. Any grievance which has not been settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to Arbitration within ten (10) calendar days of receipt of the Step 2 reply by either party.

Section 8. The party desiring arbitration shall notify the other party in writing within the aforementioned ten (10) calendar day period, and shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Such request shall be made within ten (10) calendar days of the notice to the other party. Each party shall, within ten (10) calendar days from the receipt of such list, be entitled to alternately strike a name from the list until one name remains and this person shall be the arbitrator.

Section 9. The party required to strike the first name from the list shall be determined by coin toss. The Chief Steward shall provide the coin for the toss and the Company shall declare either “heads” or “tails” prior to the toss. If the Company prevails upon its call of the coin toss then the Union shall be required to strike the first name from the list.

If the Company fails to prevail upon its call of the coin toss then the Company shall be required to strike the first name from the list.

Section 10. The parties agree that the decision or award of such arbitrator shall be final and binding on each of the parties and that they will abide thereby. The authority of the

Arbitrator shall be limited to determining questions involving the interpretation or application of specific provisions of this Agreement, and no other matter shall be subject to Arbitration hereunder. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of this Agreement, to change an existing hourly rate or to establish a new hourly rate except as permitted by Article VIII. Each party shall bear the expenses of preparing and presenting its own case. The fees and expenses shall be borne solely by the party that fails to prevail in the hearing. Failure to appeal a decision made in any step in the time and manner specified above shall constitute a bar to further action for that particular grievance, but shall not constitute a precedent binding upon the

Union or the Company.

Section 11. Non-Binding Mediation – If the grievance cannot be satisfactorily resolved at Step 2, and if both parties agree, a grievance may be submitted to non-binding mediation by a joint request of the Company and the Union to the Federal Mediation and

Conciliation Service. Such request must be made during the time period after the

Company gives its written Step 2 answer, and before the Union’s time limitations on providing written notice to arbitrate expires. Once such a request is agreed to, the time limits will be extended up to 30 days if a satisfactory solution cannot be reached through mediation. Time spent by the grievant or Union officials in attending mediation will be done without loss of pay.

ARTICLE VI

DISCIPLINARY CASES

Section 1. When the Company imposes discipline it shall be for just cause and by adherence to the following procedures:

a) For infractions of Company rules the Company will follow a four-step procedure of oral reprimand, written reprimand, suspension, and discharge as follows:

1. oral warning

2. written warning

3. Suspension-Up to twenty-four (24) hours without pay

b) Company rules are listed in Appendix D. In cases of major violations of law or serious infractions of Company rules, the Project Manager may suspend the employee immediately without pay, and, if appropriate, recommend dismissal of the employee.

Section 2. Any employee discharged shall be advised in writing of the reasons for his/her discharge.

Section 3. Should there be any dispute between the Company and Union concerning the existence of just cause for discharge or disciplinary action involving a written notice or time off, such dispute shall be adjusted as a grievance in accordance with the terms of this Agreement.

Section 4. In the event it is found that an employee has been disciplined or discharged without just cause, such employee shall be reinstated to his former position with seniority, unimpaired and paid for any time lost which may be awarded by the arbitrator.

Section 5. An employee’s disciplinary action record for oral and written warnings that have not reoccurred within a twelve (12) month period will not be considered for purposes of determining future disciplinary action, and will be removed from the employee’s personnel file. Records of suspensions will be retained in the employee’s personnel file for 18 months.

ARTICLE VII

SENIORITY

Section 1. The term “seniority” is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in performance of similar work at the same Federal facility. Seniority as defined above shall also apply to the continuous service requirements for accrual of vacation benefits.

Section 2. Any employee who has been in the employment of the Company for less than ninety (90) consecutive calendar days shall be considered a probationary employee.

During the probationary period the employee shall be subject to layoff, discipline, or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure. For new employees entering the bargaining unit after the effective date of this agreement shall accrue seniority from the date of hire. For the purposes of bargaining member seniority, your seniority date will begin with full-time employment within the bargaining unit.

Section 3. A seniority list shall be posted by the Company within 30 days after execution of this Agreement and shall set forth the seniority date of each employee covered hereby.

Each shop will have a list posted on the Union Bulletin Board. Such list shall be updated as changes occur.

Section 4. Employees shall have a period of ten (10) calendar days after posting seniority list to protest, in writing, an error on the list. The Company and the Union will work together to resolve the issue.

Section 5. When two or more employees have the same seniority date, the last four (4) digits of the Social Security Number shall be compared. The lower/lowest number shall be considered the most senior.

Section 6. Seniority shall be lost under any of the following circumstances:

Discharge for Cause

Resignation

Failure to Report to Work Upon Expiration of an Approved Leave of Absence

Accepting Other Employment While on Approved Leave of Absence Without

Company Approval

When an employee is absent from work for a period of three (3) consecutive days without providing notification to the Company of sufficient reasons to warrant the absence. Sufficient reasons shall be determined solely by the

Company; however the determination of sufficient reasons shall not be applied in an arbitrary or capricious manner.

One year after transferring to a position outside the Bargaining Unit.

Section 7 The Company will comply with any executive orders as it relates to hiring employees from another contractor. Qualified employees will be given an opportunity to bump a less senior employee in another classification and will receive the pay of that classification. Recall shall be accomplished in inverse seniority order within the classification, with the most senior employee on layoff being recalled first to his/her classification or to any classification for which he/she previously performed work and is qualified to perform work, provided such recall shall not displace an employee currently occupying the classification. Determining qualifications shall be the prerogative of the

Company. The Company will provide a minimum of two (2) weeks notice of any anticipated reduction in force, except where circumstances beyond the Company’s control prevent such timely notification. The Company may elect to pay two week’s wages at normal rate and hours of pay in lieu of notice. This compensation does not preclude the company’s obligation for severances pay.

Section 8. If an employee chooses to accept an optional layoff rather than exercising possible bumping rights, he/she will remain on layoff status up to twenty-four (24) months with recall rights as set forth in Section 7 above.

ARTICLE VIII

EMPLOYEE CLASSIFICATIONS

Section 1. Occupational classifications shall be those listed in Appendix A.

Section 2. If a new occupational classification not listed in Appendix A is required, the

Company may establish such new occupational classification(s).

The Company shall submit to the Union, for its approval, the proposed rate of pay for the new classification. In the event an agreement between the Company and the

Union is not reached within five (5) calendar days from the date of submission, the

Company may place into effect the new classification at the proposed rate of pay, subject to continued negotiations with the Union.

If agreement between the Company and the Union is not reached within ten (10) calendar days from the date of submission, either party may notify the other party, in writing, of its intent to appeal the matter to arbitration and shall request a panel of seven (7) arbitrators in accordance with the provisions of this Agreement.

Any change in the established rate resulting from such negotiations or arbitration shall be retroactive to the date agreed to by the parties or established by the arbitrator.

Section 3. Employees may be assigned duties outside the scope of their normal job classification provided the work requested will not effect the function or ability of their current job responsibilities. Should a safety concern arise, the employee will have the right to bring concerns to their supervisor.

ARTICLE IX

HOURS OF WORK SHIFTS/DAYS OFF

Section 1. The standard workweek will be 40 hours and begin at 1201 AM Saturday, and end at 12:00 PM (midnight) Friday. The standard workweek for each employee shall normally consist of the five (5) days per week Monday through Friday.

Section 2. The employees are allowed a (30) minute unpaid lunch with (2) (15) minute breaks included in the (8) hours of work. Break times shall be flexible to meet operational requirements. If due to mission requirements, breaks cannot be taken, no additional pay will be required

ARTICLE X

OVERTIME

Section 1. The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours.

Section 2. It is understood and agreed that the Company reserves the right to require covered employees to perform overtime work in order to meet customer needs. When such overtime is required, employees involved shall be given as much notice as possible.

Overtime opportunities shall be evenly distributed within the classification.

Section 3. Employees shall be paid for hours actually worked in excess of forty (40) hours in a normal work week at one and one-half (1 ½) times the straight-time hourly rate.

Section 4. When the Company determines that an employee must perform work on an overtime basis, the following shall apply:

Available overtime shall be rotated and equalized among the qualified volunteers.

If no volunteers, then overtime will become mandatory and assignment shall be rotated by reverse seniority order. On October 1st of each year, the mandatory overtime list shall start over using least senior employee first.

Section 5. No overtime shall be worked except by specific direction from management.

Section 6. There shall be no pyramiding of overtime.

ARTICLE XI

WORKING ASSIGNMENTS

Section 1. The parties understand that the nature of operations on the Barry M.

Goldwater Range and Gila Bend Air Force Auxiliary Field requires that non-bargaining unit personnel may be required to perform a variety of duties which are similar in nature, and in some cases physically identical to those performed by bargaining unit personnel.

The parties therefore agree that management and part-time personnel shall be permitted to perform the work of the bargaining unit for:

Emergencies

Training employees

Maintaining proficiency

Providing vacation relief

Covering positions for short-notice leaves and terminations (voluntary or involuntary)

Assisting to ensure that the Company meets contractual and operational requirements

Responding to the Customer’s short-notice requests

It is not the Company’s intent to effect any reduction in force of bargaining unit employees by any of the aforementioned. The parties will address the use of vendors or other suppliers on the installation and/or checkout of new systems or equipment on a case-by-case basis for the interrelationship between the bargaining unit and suppliers.

Section 2. For employees who are dispatched on temporary duty (TDY), and TDY includes overnight stay, the Company shall provide a travel advance sufficient to cover the employees’ travel expenses. To receive a travel advance the employee’s manager must submit a request for an advance to the Company’s accounting department. The request must be transmitted by fax or email no later than two (2) weeks before the date of scheduled travel. Within five (5) working days after returning from TDY, the employee must submit a Company provided expense report and necessary receipts to the accounting department. If the employee fails to submit the expense report within the five (5) working days, the Company may withhold the amount of the travel advance from the employee’s regular pay until such time as the documentation is provided.

ARTICLE XII

BULLETIN BOARD

Section 1. The Company agrees to provide a bulletin board for posting Union publicity. Materials posted shall be limited to notices of Union meetings, Union newspaper items, Union newsletters, Union recreational and social activities and the

Union employee seniority list. No partisan political material or information of any type shall be posted on the bulletin boards. Bulletin boards will be located in the break rooms at the Fire Dept, Base Ops, Billeting, Logistics, C.E., Range

Maintenance, and Pavements and Grounds.

ARTICLE XIII

UNION LEAVE OF ABSENCE

Section 1. Employees designated by the Union shall be granted a leave of absence upon written request of the Local Union Office. Such leave will be treated as leave without pay, and the Company approval for such leave may be withheld if operational considerations so require. Such leaves will be considered as time worked for the purpose of seniority accrual only, provided such leave does not exceed ten (10) consecutive work days for short term leaves.

Section 2. Employees appointed to a Union position shall be granted a leave of absence for up to 48 months upon written request of the Local Union Office. Such leave will be treated as leave without pay, and the Company approval for such leave may be withheld if operational considerations so require. At no time will more than one employee be granted a leave of absence for an appointed Union position. Such leaves will be considered as time worked for the purpose of seniority accrual only. No other Company benefits will be paid during a period of unpaid leave. Employee’s granted such leave will return to work on the agreed upon date. Failure to return on the agreed upon date will be considered a voluntary resignation.

ARTICLE XIV

DUES CHECK OFF

Section 1. During the life of the Agreement, the Company, insofar as permitted by

State and Federal law, shall deduct out of the current net earnings payable biweekly to an employee covered by the Agreement, applicable services fees or Union dues, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a card as agreed upon between the Company and the Union and shall continue deductions until such authorizations are duly revoked by the employee. The Company shall make remittance to the Union in one lump sum within ten (10) days after the end of the month in which said deductions are made.

ARTICLE XV

VISITATION

Section 1. The Union Representative must have the same Customer authorization as other visitors prior to visiting the facility. During the visit the Union Representative must not interfere with employees during their normal working hours, unless permission is granted by the company, nor can they use Company or Government telephones or facilities to conduct Union meetings or business. The Union

Representative shall be able to meet and/or assist the Chief Steward or Alternates in the handling of grievances or meetings with Management.

ARTICLE XVI

DRUG AND ALCOHOL FREE WORKPLACE POLICY

Section 1. The Company and the Union recognize the importance of maintaining a drug and alcohol free workplace and agree that the Company can, from time to time, implement changes to its current rules and regulations designed to identify drug and alcohol use and to fix and impose penalties for the violation thereof. All employees shall be governed by the same drug and alcohol free work place policies and regulations established by the Company and/or the Government. Changes to the existing policy shall be communicated with the Union prior to implementation of the change. Any employee that is summoned to participate in a Company required Drug Test during their regular day off, shall be reimbursed three (3) hours of pay at their normal rate of pay.

Section 2. It is understood that each employee shall be required to undergo drug and/or alcohol testing conducted by a certified laboratory on behalf of the Company. Employee drug and alcohol tests are conducted by the Company, at its sole discretion, at the time of hire, post accident, on a random or selected basis. Any employee who refuses to submit to drug and/or alcohol testing is subject to immediate dismissal for cause. Any employee who tests positive for being under the influence of alcohol or illegal drugs in the work place is subject to immediate dismissal. Dismissal of an employee for refusing to submit to a drug or alcohol test shall not be subject to the grievance or arbitration procedures set forth in ARTICLE V hereof. An employee who is dismissed for testing positive and desires to submit the results of a blood test to refute the results of the original test shall submit the blood test results to the Company within 24 hours of being dismissed. The test must be performed by a certified lab and all costs associated with the test will be the responsibility of the employee if results are positive, and is the responsibility of the company if the results are negative.

ARTICLE XVII

GOVERNMENT SECURITY

Section 1. The Union recognizes that the Company has certain obligations in its contracts with the Government pertaining to security; therefore, if the Armed Forces, through their duly authorized representatives concerned with security, advise the Company that an employee in the bargaining unit covered by this Agreement is:

Considered a security threat

OR

denied work on or access to classified information or material

OR

fails to submit required security clearance information within 45 days of employment. Unavoidable circumstances that prevent the timely submission of this data will be taken into account.

OR

loses his or her security clearance.

The employee shall be subject to any action by the Company regarding the employee’s employment, including termination. Any such action by the Company shall not be a subject for review by the Union under the grievance and arbitration procedures set forth in

ARTICLE V of this Agreement.

Section 2. If, however, should a review, duly made by the appropriate Government authority, result in a reversal in the original ruling, the employee shall be restored to his or her employment without a break in service or loss in seniority. The reversing ruling must be made within 90 days of the original to qualify the employee for employment reinstatement.

ARTICLE XVIII

COMPENSATION

Section 1. Wage rates for each labor classification and contract period are set forth in

Appendices A and B to this Agreement, as applicable, and are incorporated herein by reference.

ARTICLE XIX

HOLIDAYS

Section 1. The following ten (10) observed Federal, State, and Company holidays shall be designated holidays for each calendar year.

New Year’s Day Memorial Day Veterans Day

Martin Luther King’s Birthday Independence Day Thanksgiving Day

President’s Day Labor Day Christmas Day

Columbus Day

Section 1. a. Holidays will be observed on the day designated by the federal government and/or Company. The Company shall notify the union of any deviation to

Federal holidays.

Section 1. b. For employees who work an eight (8) hour shift, holiday pay shall be eight (8) hours at the employees’ base hourly straight time rate.

Section 1. d. Employees on a modified shift (4 ten hour days) shall receive eight 8 hours of holiday pay at their regular hourly rate of pay. The Company will adjust the employees’ schedule to ensure that they are paid for at least forty (40) hours for the week in which the holiday occurs. For employees who normally work 5 days a week, the company will adjust the employees schedule to ensure they are paid at least forty

(40) hours for the week in which the holiday occurs using only four (4) workdays plus holiday pay if staffing permits.

Section 1. e. Employees are eligible for holiday pay provided they work their last full regular work shift preceding and following the holiday. Work, for the purpose of determining eligibility of holiday pay, includes vacation, sick leave, bereavement, jury duty, and unpaid time off, other than a leave of absence, when authorized by the

Company. Pay received under any Company group insurance disability plan does not qualify the employee for the holiday pay.

Section 1. f. Employees who are required to work on a holiday shall be paid their regular hourly rate plus the holiday pay.

Section 1. G. Employees who are regularly scheduled to work less than 40 hours a week shall receive holiday pay on a pro-rated basis. The proration formula is based on the percentage of time worked versus a full forty (40) hours worked.

ARTICLE XX

OTHER PAID TIME OFF

Section 1. Bereavement Leave. The Company shall offer three (3) work days of bereavement leave for a death in the employee’s current immediate family.

Immediate family members are defined as a parent, spouse, child, stepchild, foster child, brother or sister, grandparent, grandchild or parent-in-law, brother or sister in-law. When an employee is required to travel 350 miles or more one way to attend the funeral, the leave will be extended by two days, not to exceed a total of five (5) work days.

Section 2. Jury Duty When an employee is absent from work in order to serve as a juror in response to a jury summons, the employee shall be granted up to five (5) work days per calendar year. The Company shall retain the right to contact the Judge to request the employee be excused due to hardship in performing its contract requirements. Pay shall be computed at the employee’s straight time rate at the time of service including any shift differential.

Section 2. a. To receive pay for jury duty, the employee must promptly notify his or her supervisor and provide the supervisor with a copy of the summons. The employee must sign over to the Company compensation received from the Court in order to receive the Company payment.

Section 3. Sick Leave/Personal Time Off (PTO). Employees will be paid for five (5) days of sick leave a year that may be taken in 1-hour increments. Sick leave/Personal

Time Off (PTO) will be applied on October 1. The employee shall obtain a certificate from a qualified, licensed medical doctor or dentist after the employee has called in sick for three (3) consecutive days if requested by the company. The

Company may require the employee to submit the medical certificate proof of just cause after one (1) day of illness if the Company suspects that the employee is abusing this provision by falsely claiming a qualified reason. Sick/PTO leave is intended to be used for time off due to illness, appointments, or unforeseen emergencies. Sick Leave/PTO is not to be used as vacation. Sick/PTO leave may be carried over from one year to the next not to exceed a balance of 10 days

Section 4. The hours associated with leave in this section will be pro-rated for part-time individuals based on the percentage of time worked versus a full forty (40) hours worked

ARTICLE XXI

MILITARY SERVICE LEAVE

Section 1. An unpaid military leave of absence will be granted if an employee is absent in order to serve in the uniformed services of the United States as defined by the Uniformed

Services Employment and Reemployment Rights Act of 1994 (USERRA). To be eligible to take military leave:

(a) the employee or an appropriate officer of the branch of the uniformed service in which the employee will be serving must give reasonable advance written or oral notice of the employee’s military service to the Company unless such notice is waived as described in paragraph B, and

(b) the combined length of the employee’s previous military absences from the employer does not exceed five years, not including absences that fall within the time-in-service exemptions defined by USERRA.

Section 2. The requirement to provide reasonable advance notice will be waived if doing so is impossible or unreasonable because of military necessity or other legitimate reasons.

After a person performs military service of one (1) to thirty (30) days and is reemployed, he or she will be required to provide documentary proof of reemployment eligibility.

Following military service of thirty-one (31) or more days, documentary proof of reemployment eligibility must be submitted prior to reemployment.

Section 3. Employees who perform and return from military service (as defined by the

USERRA) will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, and length of service promotions and pay increases, as required by applicable federal or state law.

Section 4. An employee may, but is not required to, use previously accrued or vested paid leave while on military leave. Otherwise, a military leave of absence is unpaid.

Section 5. Arizona National Guard. Employees who are members of the Arizona

National Guard and who are called to federally funded service or training of the United

States of America or the State of Arizona will be granted an unpaid leave of absence in accordance with Sections 1, 2, 3 and 4 above. Employees who are members of the

Arizona National Guard and who are called to non-federally funded service or training by the State of Arizona will be granted an unpaid leave of absence in accordance with

Arizona state law. An employee may but is not required to use previously accrued or vested paid leave while on Arizona National Guard duty. Otherwise, Arizona National

Guard duty leave of absence is unpaid

ARTICLE XXII

FAMILY MEDICAL LEAVE

Section 1. The Company and the Union acknowledge the provisions of the Family Medical

Leave Act of 1993 (FMLA). Nothing in this Agreement shall be construed as intended to be a barrier to the proper and legal application of this Act.

Section 2. In determining the 12-month period during which an employee shall be entitled leave for FMLA covered purposes, the calculation method used shall be the 12-month rolling year measured backward from the date the employee uses any FMLA leave.

Section 3. Employees must use any and all available leave balance while on FMLA leave.

Section 4. Employees on FMLA leave shall not work for another employer while on

FMLA leave. Any employee who works for another employer while on FMLA leave shall be considered as having terminated their employment with the Company. Any employee who misrepresents the reason for requesting and receiving FMLA leave may be terminated for just cause.

ARTICLE XXIII

SEVERANCE PAY

Section 1. Should the facility close, or the incumbent novates a contract with a new company, or civil service employees are hired by the government, or a successor contractor assumes the contract between themselves and the customer, the company will provide all employees not offered fulltime employment by the company, or with the successor contractor a severance package as specified below; to include normal rate in pay of hours

Years of Seniority As Defined in Article VII, Section 1. Severance Pay

Over 1 year to the completion of year 5

80 hours

Over 5 years to the completion of year 10

120 hours

Over 10 years

160 hours

Section 2. Severance pay shall not be paid to employees if the employee is offered a full-time employment position by start of the new contract.

Section 3. Firefighters (Operations) severance package will be paid at a regular normal rate of pay to include overtime.

ARTICLE XXIV

GENERAL PROVISIONS

A. At the time of his or her initial hire, each employee shall register with the Project

Management Office his or her home telephone number or a telephone number where he or she can be reached in emergencies. Any changes shall be registered immediately.

B. Employees shall be required to perform the duties set forth in the Contract and applicable operating procedures or instructions established by the Company. The

Company reserves the right to modify standing orders and operating procedures at its discretion.

C. The Union agrees that it is a responsibility of the employees to familiarize themselves and comply with the rules, regulations, procedures and instructions established by the

Company and the Government, and to faithfully report all violations thereof.

D. Upon termination of employment, an employee shall return any Company or

Government-issued passes, badges, identification cards, keys, and other property in his or her possession and retrieve his or her personal property from the Facility. A terminated employee will receive his or her wages as required by state law.

E. It is understood and agreed by the parties to this Agreement that the Government reserves the right to use Government employees to perform maintenance and repair duties at the Facility at its discretion. At such times, work schedules may be reduced or increased to accommodate the Government's requirements. The Company will promptly inform the

Union and mutually attempt to resolve any issues that may arise from the Government’s action.

F. The Company and the Union agree to cooperate in their continuing objective to eliminate accidents and safety hazards. In furtherance of this objective, the Union agrees that it is the obligation of employees to follow procedures and instructions covering safe work practices and to use personal protective equipment furnished by the Company. In addition, employees are obligated to report safety concerns immediately to his or her manager or the Project Manager or at regularly scheduled safety meetings, as appropriate.

Action will be taken by the Company to mitigate hazards that are within the Company’s ability to control. For hazards that are outside its control, the Company shall provide to the Chief Steward copies of the report or work request submitted to the Government.

However, the Union recognizes that the facilities in which work is performed are owned by the U. S. Air Force and the Company’s ability to correct certain hazards may be constrained by the Air Force or by the terms of the Company’s contract with the U. S. Air

Force. The Company will promptly inform the Union and mutually attempt to resolve any issues that may arise from the Government’s action(s) in such situations.

G. All personnel who are engaged in operation or maintenance activities are required to wear Company-provided safety shoes at all times while working in the workplace. The

Company will provide a $50.00 dollar per year boot allowance to be paid in November of each year to those personnel required to wear safety shoes.

H. All trades personnel and mechanics are required to provide and maintain routine hand tools of their particular trade.

I. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

J. The Union agrees that all firefighters, paramedics, air traffic controllers, and drivers with commercial drivers license, must maintain the minimum Government physical standards specified in the Contract for continued employment. Employees who are unable to meet the specified standards may, at the sole discretion of the Company, be terminated for just cause.

K. The company shall insure that all physical fitness equipment is properly maintained and in good working order.

L. The Company and the Union agree that the provisions of this Agreement shall apply to all employees covered by it without discrimination. In carrying out their respective obligations under the terms of this Agreement, neither the Company nor the Union shall discriminate against any employee due to race, color, age, religion, sex, national origin, disability or record of prior military service. All references to employees in the Agreement designate both sexes, and wherever the male gender is used it shall be construed to include male and female employees.

M. The company shall provide each work center covered by this agreement with a printed copy of said agreement. Newly hired employees covered by this agreement shall be provided a electronic copy of this agreement within the 5 business days of hire.

ARTICLE XXV

FILLING OF VACANCIES

Section 1. If the company determines to fill a new or existing vacancy the company will post a notice of vacancy or job opening for a period of not less than five (5) calendar days prior to filling the vacancy or job opening. Subject to the provision of Section 3, any employee may submit an application for the job to HR during the posted period. The notice posted declaring that such vacancy or job opening is to be filled shall contain at least the following information:

a) The date the notice is posted and the date and time the notice will be removed

b) The job to be filled and the classification

c) Job Specification

d) Effective date the job is to be filled

The Union’s Steward will be furnished a list of individuals covered by this CBA that apply for an open position within this bargaining unit

Section 2. . The company shall hire a qualified bargaining unit member for the vacancy prior to seeking external candidates. For Appendix A personnel, a board will meet to perform interviews and will rate applicants using a pre-established scoring system. The union steward or alternate union steward will be permitted to observe these interview boards. In the event there are two equally qualified candidates as determined by the company, the senior candidate will be selected. Qualifications shall not be applied in an arbitrary or capricious manner, but shall be based upon reasonable expectation for the work performed.

Section 3. Restrictions on bidding. An employee who is awarded a job for which he bid must accept it providing the award is made within (7) work days of the effective date that the job is…