ATTACHMENT_III_-_Title_Page_Wage_Determination_Redacted.pdf

ATTACHMENT III – WAGE DETERMINATION

SPE600-16-R-0513

WHIDBEY ISLAND, WA

ATTACHMENT III

SECTION J

WAGE DETERMINATION

WHIDBEY ISLAND, WASHINGTON

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-8896 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 7/11/2016 State: Washington

Area: Island

Employed on DEFENSE LOGISTICS AGENCY (ENERGY) contract for FUEL SERVICES AND

ALONSIDE REFUELING.

Collective Bargaining Agreement between contractor: DOSS AVIATION, and union:

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AF Local LOCAL 75, effective 6/9/2014 through 6/8/2017.

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

Company Proposal for Settlement - 5/28/14

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DOSS AVIATION, INC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, AFL-CIO

LOCAL LODGE 751A & DISTRICT LODGE 751

AT

NAS Whidbey Island, WA

(NLRB Case Number 19-RC-115063)

Effective June 9, 2014

TABLE OF CONTENTS 1

Purpose of Agreement ................................................................................................. 2 2 Article I – General Conditions of Contract ................................................................. 2 3

Section 1 – General Provisions ............................................................................... 2 4 Section 2 – Recognition and Exclusive Representation ....................................... 3 5 Section 3 – Period of Agreement and Ratification ................................................ 3 6 Section 4 – Successors and Assigns ..................................................................... 4 7 Section 5 – Right to Manage .................................................................................... 4 8 Section 6 – Separability ........................................................................................... 5 9 Section 7 – Strikes and Lockouts ........................................................................... 5 10 Section 8 – Security Regulations ............................................................................ 6 11 Section 9 – Nondiscrimination and Anti-Harassment ........................................... 6 12

Article II – Union – Company Relations ..................................................................... 6 13 Section 1 – Union Stewards ..................................................................................... 6 14 Section 2 – Business Representatives & Union Officials ..................................... 8 15 Section 3 – Bulletin Boards and Posting Notices .................................................. 8 16 Section 4 – Information Provided to the Union ...................................................... 9 17 Section 5 – Official Union Business ....................................................................... 9 18 Section 6 – Union Security and Dues Check Off ................................................... 9 19

Article III – Grievance Procedure & Arbitration ......................................................... 10 20 Section 1 – Definition of Grievance ........................................................................ 10 21 Section 2 – Grievance Procedure ............................................................................ 10 22 Section 3 – Arbitration ............................................................................................. 11 23

Article IV – Seniority .................................................................................................... 12 24 Section 1 – Basis of Seniority & Establishment of Seniority ............................... 12 25 Section 2 – Layoffs ................................................................................................... 13 26 Section 3 – Recall Rights ......................................................................................... 14 27 Section 4 – Employees Entering Armed Forces .................................................... 15 28 Section 5 – Loss of Seniority ................................................................................... 15 29 Section 6 – Promotions ............................................................................................ 15 30

Article V – Employment Conditions ........................................................................... 17 31 Section 1 – Sanitary, Safety and Health Conditions .............................................. 17 32

Article VI – Paid Time Off (PTO) .................................................................................. 18 33 Section 1 – Full-Time and Part Time Employees ................................................... 18 34 Section 2 – Military Leave ........................................................................................ 20 35 Section 3 – Bereavement Leave .............................................................................. 20 36 Section 4 – Leaves Without Pay .............................................................................. 21 37 Section 5 – Holidays ................................................................................................. 21 38 Section 6 – Rest and Lunch Periods ....................................................................... 22 39 Section 7 – Jury Duty ............................................................................................... 23 40 Section 8 – Employee Benefits ................................................................................ 23 41

Article VII – Pay Provisions ......................................................................................... 23 42 Section 1 – Wages .................................................................................................... 23 43 Section 2 – Overtime ................................................................................................ 24 44 Section 3 – Hours and Days of Work ...................................................................... 24 45 Section 4 – Pay Period ............................................................................................. 25 46 Section 5 – Report Time and Call-Back Time ......................................................... 25 47 Section 6 – Uniforms ................................................................................................ 25 48 Section 7 – Placement in Lower Rated Classifications ......................................... 26 49

Article VIII – Job Descriptions .................................................................................... 26 50 Section 1 – Application of Job Descriptions .......................................................... 26 51

Appendix A – Wage Rates and Pay Additives ........................................................... 28 52 Appendix B – Benefits ................................................................................................. 29 53 Appendix C – Job Descriptions .................................................................................. 31 54 Appendix D – IAM National Pension Plan .................................................................. 32 55

PURPOSE OF AGREEMENT 1

This Agreement, entered into by and between Doss Aviation, Inc, (hereinafter called 2 "the Company"), and the International Association of Machinists and Aerospace 3 Workers, AFL-CIO, Local Lodge 751A and District Lodge No. 751 (hereinafter called 4 "the Union"), a non-profit organization, evidences the desire of the parties hereto to 5 promote and maintain harmonious relations between the Company and its employees, 6 as they are defined in Article I, Section 2, of this Agreement, and the Union as their 7 Representatives. 8

The purpose of this Agreement is to provide for wages, benefits, terms and conditions of 9 employment for employees in the bargaining unit, and to ensure industrial peace. To 10 this end, it is recognized that there must be mutual understanding, harmony and 11 cooperation between employees, the Company and the Union. Operations must be 12 uninterrupted and duties faithfully performed in order for the Company and its 13 employees to fulfill their mutual and vital responsibilities to both the public and to the 14 Government. The business of the Company must be operated with economy and 15 efficiency with due regard to competitive conditions. It is recognized by the Agreement 16 to be the duty of the Company, the Union, and the employees to cooperate fully, both 17 individually and collectively, for the advancement of said conditions. 18

In cases when the Government/customer makes requirements of Doss Aviation that 19 force policy, procedure or changes in working conditions that affect bargaining unit 20 personnel, Doss Aviation shall notify the Union Business Representative. 21

It is agreed that the parties desire to enter into this Agreement to establish wages, 22 hours, and working conditions and to provide for the peaceful settlement of disputes and 23 grievances that may arise affecting the employees covered hereby. 24

NOW, THEREFORE, the parties agree as follows: 25

ARTICLE I 26

GENERAL CONDITIONS OF CONTRACT 27

Section 1 – General Provisions. 28

(A) It is understood wherever in this Agreement employees or jobs are referred to in the 29 male or female gender it shall be recognized as referring to both males and females. 30

(B) This Agreement can be changed or modified only by a document in writing signed on 31 behalf of both parties hereto by their duly authorized representatives. 32

(C) The waiver of any conditions or breach of this Agreement by either party shall not 33 constitute a precedent for any further waiver of such condition or breach. 34

(D) Either party hereto shall be entitled to require specific performance of the provisions 35 of the Agreement. It shall be the duty of the Company and its representatives and 36 the Union and its representatives to comply with and abide by all of the provisions of 37 this Agreement. 38

Section 2 - Recognition and Exclusive Representation. 1

(A) Definition of Bargaining Unit and Employees Covered by this Agreement. 2

The Company recognizes the Union as the exclusive representative and bargaining 3 agent with respect to rates of pay, wages, hours and other conditions of 4 employment for the bargaining unit comprised of all full time and regular part-time 5 fuel services, maintenance, Accountant and dispatch employees of Doss Aviation at 6 the NAS Whidbey Island location. The word "employee" or "employees", as used in 7 this Agreement, means all employees of the Company employed at the 8 aforementioned site in job classifications listed in Appendix A of this Agreement and 9 those provided for in Article VIII of this Agreement. 10

(B) Employees Excluded from the Bargaining Unit. 11 Excluded are all office clerical employees, professional employees, guards and 12 supervisors as defined by the Act. 13

(C) Non-Bargaining Unit Personnel. 14 All production work in the facilities will be performed by employees covered by this 15 Agreement. It is understood and agreed that non-bargaining unit employees may 16 be required to perform work customarily performed by bargaining unit employees on 17 a limited basis as listed below. 18

1. May continue to assist bargaining unit members in duties and tasks relating 19 to longshore and small boat coxswain duties. 20

2. Shall provide instruction and training for other site duties. 21

3. To assist in working a malfunction/discrepancy on a fuel truck that must be 22 corrected expeditiously. 23

4. When an employee fails to report to work and other qualified bargaining unit 24 employees are not available, it is agreed that the Company will make a 25 reasonable effort to locate and assign qualified bargaining unit employees to 26 perform the work. 27

5. The Company will work to cross train bargaining unit employees. 28

6. In cases of emergencies. 29

Section 3 - Period of Agreement and Ratification. 30

(A) This Agreement shall be effective June 9, 2014, and shall remain in full force and 31 effect up to and including June 8, 2017, and thereafter from year to year unless 32 written notice to modify, amend, or terminate the Agreement is served by either party 33 upon the other at least sixty (60) days prior to the expiration date of this Agreement. 34 Where not otherwise specified, any reference to "days" in this Agreement shall mean 35 calendar days. Where not otherwise specified, any reference to “year” in this 36 Agreement shall mean calendar year. 37

(B) Any notice given under this Section shall be deemed to be served by the Union 38 when mailed postage prepaid, registered mail, return receipt requested, or delivered 39 in hand, to the Company’s HR Department for service upon the Company, and such 40 notice shall be deemed to be served by the Company when similarly mailed, or 1 delivered in hand, to the assigned Business Representative of District Lodge 751, for 2 service upon the Union. The date of mailing shown on the registered mail return 3 receipt or the date of written receipt of personal service shall be the controlling date 4 for purposes of Section 2(A) of this Agreement. 5

(C) After the Company and Union negotiation committees have concluded negotiations 6 of amendments and modifications to the Agreement, all such amendments and 7 modifications must be accepted or rejected as a whole (without acceptance or 8 rejection of parts thereof) by the Company and the Union. 9

Section 4 - Successors and Assigns. 10 This Agreement shall be binding upon the Company and its successors, assigns or 11 future purchasers and all of the terms and obligations herein contained shall not be 12 affected or changed in any respect by the consolidation, merger, sale, transfer, or 13 assignment of the Company or any or all of its property, or affected or changed in any 14 respect by any change in the legal status, ownership, or management of the Company. 15

Section 5 - Right to Manage. 16

(A) Except as specifically abridged, delegated or modified by a specific provision of this 17

Agreement, or any supplementary agreements that may hereafter be made, all the 18 rights, powers and authority the Company possesses prior to the signing of this 19 Agreement are retained by the Company and remain exclusively and without 20 limitation within the rights of management. 21

Rights of management include, among other things, but are not necessarily limited 22 to: 23

1. the right to establish or continue policies, practices and procedures for the 24 conduct of business and from time to time change or abolish any of such policies, 25 practices, or procedures; 26

2. determine and from time to time re-determine, the number, location or relocation, 27 of its operations and other facilities; 28

3. from time to time determine the type of its operations, the methods, processes 29 and materials to be employed and the services to be performed; 30

4. establish, combine or split up departments or transfer work from one department 31 to another; 32

5. transfer work from one operation or facility to another; discontinue processes or 33 operations and subcontract work not historically performed by the bargaining 34 unit; determine the days of operation, the number of hours per day or per week 35 operations shall be carried on, including the starting and stopping times and 36 rotation of shifts and jobs; 37

6. select and determine the number and class of employees required; assign work 38 to its employees in accordance with requirements determined by management; 39 establish and change work schedules and assignments; 40

7. determine methods of work measurement and establish standards of work 1 performance; 2

8. transfer, promote, or demote employees, or layoff, terminate, or otherwise relieve 3 employees from duty for lack of work or just cause; 4

9. make and enforce reasonable rules for operations conduct and the maintenance 5 of discipline and from time to time amend, modify or revoke any of such rules; 6 suspend, discharge, or otherwise discipline employees for just cause. 7

(B) The Company's failure to exercise any right, prerogative, or function hereby reserved 8 to it, or the Company's exercise of any such right, prerogative, or function in a 9 particular way, shall not be considered a waiver of the Company's right to exercise 10 such right, prerogative, or function or preclude it from exercising the same in some 11 other way not in conflict with the express provisions of this Agreement. 12

Section 6 – Separability. 13

(A) Should any part hereof or any provisions herein contained be rendered or declared 14 invalid by reason of any existing or subsequently enacted legislation or a decree of 15 a court of competent jurisdiction, such invalidation of such part or portion of this 16 Agreement shall not invalidate the remaining portions hereof and they shall remain 17 in full force and effect. 18

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of 19 the Agreement affected by such legislation or court decree. Any modification or 20 changes to this Agreement brought about by the above negotiations shall be in 21 writing and signed by the parties hereto. 22

Section 7 – Strikes and Lockouts. 23

(A) The Union (its officers, agents and members) agrees that for the duration of this 24 Agreement it shall not cause, engage or condone any strike (including sympathy 25 strike), slowdown or stoppage of work or any acts of any nature which would 26 interfere with the Company’s ability to provide uninterrupted service to the United 27 States Government except as provided for in this Agreement. If the Company 28 believes a violation of this Section has occurred, the Company shall notify the Union 29 of the alleged violation. In the event the Union has not sanctioned any strike actions 30 it shall notify employees that no strike activity has been sanctioned by the Union. 31 After employees are notified by the Union that a strike has not been sanctioned by 32 the Union, the Company may discipline any employee(s) who fail to comply with the 33 provisions of this Article. The Company agrees that it will not cause or engage in 34 any lockout for the duration of this Agreement. Government shutdowns or Company 35 shutdowns are not considered lockouts. 36

(B) In the event of a violation of this Section, the Union, (its officers, agents and 37 members) collectively agree that it will use its best efforts to end such prohibited 38 conduct. 39

Section 8 - Security Regulations. 1

(A) The parties to this Agreement hereby recognize the Company's obligations in its 2 contracts with the Government pertaining to security, security clearances, and 3 access to Government-managed property, and agree that nothing contained in this 4 Agreement is intended to place the Company in violation of its contracts and/or 5 security agreements with the Government. 6

(B) In the event that the U.S. Military Service or other Government Agency duly 7 concerned with security regulations or operations on Government-managed 8 property, advises the Company that any employee in the bargaining unit is restricted 9 from access to Government-managed property, or restricted from work on or access 10 to classified information and material, or denied entry or permission to work on any 11 part of the installation, the Union agrees that the employee shall be placed on an 12 unpaid leave of absence. If, after thirty (30) days, the employee is not able to gain 13 access, such employee shall be laid off (out of seniority) until such time as entry is 14 permitted. 15

(C) In the event that such Government Agency following the taking of such action 16 advises the Company that such an employee is no longer restricted from access to 17 Government-managed property or restricted from work on or access to classified 18 information and material, and if the Company has a position open that the employee 19 is qualified for and applies to, the Company shall promptly reinstate the employee. 20 If the employee is reinstated within twelve (12) months of separation, the employee 21 will be reinstated with seniority. 22

(D) Management will expedite proper paperwork and/or procedures to obtain permanent 23 badges. 24

Section 9 – Nondiscrimination and Anti-Harassment. 25 It is the intent of the Company and the Union to provide employees with a working 26 environment that is free from all forms of discrimination, harassment and all other 27 unwanted behaviors as defined in the Employee Handbook and Company Code of 28 Conduct. To this end, the parties agree to comply with all applicable laws, statutes, 29 regulations and Company policies concerning nondiscrimination and harassment in 30 employment. 31

ARTICLE II 32

UNION - COMPANY RELATIONS 33

Section 1- Union Stewards. 34

(A) Upon execution of this Agreement, the Union shall promptly furnish the Site 35 Manager, in writing, the name(s) of the Union Steward(s). Thereafter, the Union 36 shall promptly advise the Site Manager, in writing, of any change in Union Stewards. 37 No Union Steward will be recognized as such by the Company prior to receipt of 38 written notice. 39

(B) The scope of the Union Stewards’ activities on Company time shall be limited to the 40 following: 41

1. To consult with an employee regarding the presentation of a request or 1 clarification concerning this Agreement, complaint, or grievance which the 2 employee desires the Union Steward to be present. 3

2. To investigate a complaint or grievance of record before presentation. 4

3. To present a request concerning this Agreement, complaint, or grievance to an 5 employee's Site Manager in an attempt to settle the matter for the employee or 6 group of employees who may be similarly affected. 7

4. To meet by appointment with the Site Manager or other designated 8 representative of the Company, when necessary to adjust grievances in 9 accordance with the grievance procedure of this Agreement. 10

5. To report safety hazards or make safety recommendations to the management of 11 his/her area. 12

(C) It is agreed that a Union Steward may receive and investigate grievances from 13 employees. The Union may also act as the aggrieved and file grievances on behalf 14 of members. The Union recognizes and agrees that a Union Steward will carry out 15 his/her duties with a minimum of interference with the orderly progress of Company 16 work. 17

(D) It is agreed that since the Union Steward has a regular work assignment to be 18 performed, that contacts involving Union business with other employees or Union 19 Stewards, or the Business Representative of the Union will be no more frequent and 20 no longer than the matter for discussion reasonably requires. Where necessary, the 21 Union Steward's work schedule or assignment will be adjusted where practical, to 22 allow for time to conduct Company-Union business as specified below: 23

1. For discussions with Union Stewards or the authorized Business Representative 24 of the Union on employee complaints or grievances or on matters arising out of 25 the application of this Agreement. The parties agree that Union Stewards shall 26 not jointly attend grievance meetings unless mutually agreed to by the parties. It 27 is also agreed that the investigation of grievances is the primary role of the Union 28 Steward. 29

2. To represent the local Union at Step 1 of the grievance procedure as provided in 30 Article 3 the grievance procedure. 31

(E) The number and locations of Union Stewards may be adjusted by mutual agreement 32 to compensate for facility and population changes; however, there shall be a 33 minimum of two (2) Union Stewards, one (1) on first shift and one (1) on second 34 shift, at the NAS Whidbey Island location. 35

(F) The Union Steward shall secure permission of his/her Site Manager or assigned 36 alternate before leaving his/her work station, reporting back to his/her Site Manager 37 or assigned alternate upon return to his/her work station. Permission will be granted 38 unless operation activities are affected. The Company will not unreasonably deny 39 or delay access to the Union Steward. 40

(G) The Company recognizes limitations upon the authority of the Union Steward and 1 shall not hold the Union liable for any unauthorized acts. The Company in so 2 recognizing such limitations shall have the authority to impose proper discipline, 3 including discharge, in the event a Union Steward has taken unauthorized strike 4 action, slowdown, work stoppage, or other actions in violation of this Agreement. 5 Prior to taking any such action against a Union Steward, the Company shall contact 6 the Business Representative in the effort to have the Union Steward cease any 7 unauthorized acts. 8

(H) It is agreed the Company will pay employees for time away from the performance of 9 their normal jobs while acting in their Union Steward capacity as defined in this 10 Article. It is agreed that time away from normal work activities will be reviewed and 11 monitored and may be addressed by mutual agreement during the period of this 12 Agreement. 13

Section 2 - Business Representatives and Union Officials. 14

(A) Full time representatives of the Union shall have access to the Company's 15 operations where bargaining unit employees are normally assigned during working 16 hours for the purpose of conducting legitimate Union Business pertaining to the 17 Agreement including, but not limited to, the investigation and advising in the 18 handling of grievances, and will not interfere with the normal conduct of the 19 Company’s operation. The Company will not impose regulations which will render 20 the intent of this provision ineffective. The contacts on Company time, which are 21 provided for in this Section, will be no more frequent and no longer than the matter 22 for discussion reasonably requires. The Union Business Representative will notify 23 the Site Manager prior to entering the Company’s premises. 24

(B) A full-time Union Official or Business Representative may discuss Union issues and 25 may visit with bargaining unit employees during work time not to interfere with 26 production work of the contract. 27

Section 3 - Bulletin Boards and Posting Notices. 28

(A) It is agreed that the Union will be permitted to post on bulletin boards provided by 29 the Company: 30

1. Notices of Union recreational affairs. 31

2. Notices of Union elections and election results. 32

3. Notices of Union appointments. 33

4. Notices of Union meetings. 34

5. Such other notices as may be authorized and signed by a representative of the 35 Union who is authorized to approve Union notices for posting. 36

(B) The Company will afford the Union a bulletin board in the employee locker room, 37 clearly identified as “Union Business”, where only Union notices will be displayed. 38 The board will be at least three (3) feet by four (4) feet in size. The Union shall be 39 allowed to disseminate information as permitted by applicable state or federal law. 40

Section 4 - Information Provided to the Union. 1 The Company will furnish to the Union Business Representative information as required 2 by law. 3

Section 5 – Official Union Business. 4 It is agreed that the Company shall not be required to pay an employee for any time that 5 he/she is taken away from his/her work to serve the Union in any official capacity or to 6 serve on any Union Committee, except as provided in the Agreement. Upon approval 7 by the Site Manager, or their assigned alternate, Union officers, committeeperson and 8 Union Stewards may be allowed authorized absence, without pay, to attend one (1) 9 scheduled Union meeting each month, on a date and during the hours certified by the 10 Business Representative of the Union. However, no more than one (1) employee will 11 be authorized absence during work time. 12

Section 6 – Union Security and Dues Check Off. 13

(A) All employees of the Employer subject to the terms of this Agreement, shall, as a 14 condition of employment, become and remain members in good standing of the 15 Union. This requirement shall take effect thirty-one (31) days following the 16 beginning of employment in a position covered by this Agreement. The only 17 obligation imposed by this Section shall be the payment of regular or periodic dues 18 or representation fees. 19

(B) Any employee required to pay an agency fee, membership dues, or initiation or 20 reinstatement fee as a condition of continued employment who fails to tender the 21 agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be 22 notified in writing of the employee’s delinquency. A copy of such communication 23 shall be mailed to the Company not later than fifteen (15) days prior to such request 24 that the Company take final action to terminate employment for failure to satisfy 25 obligation. 26

(C) Upon receipt of a signed authorization from the employee involved, the Company 27 shall deduct from the employee’s pay an amount necessary to satisfy his/her 28 financial obligations to the Union during the period provided for in said authorization. 29 The amount will be certified by the Financial Secretary of the Local Lodge. 30 Deductions shall be made from the first pay period of the employee after receipt of 31 the authorization and monthly thereafter from the first pay period of the employee in 32 each month. 33

(D) Deductions provided for above shall be remitted to the Financial Secretary of the 34 Union no later than the tenth (10th) day of the month following the month in which the 35 deduction was made and shall include all deductions made in the previous month. 36 The Company shall furnish the Financial Secretary of the Union monthly with a 37 record of those for whom deductions have been made and the amounts of the 38 deduction. 39

(E) The parties agree that check-off authorization requests shall be on a form provided 40 by the Union. 41

(F) Indemnity. The Union will indemnify and hold the Employer harmless from and 42 against any and all claims, demands, charges, complaints, or suits instituted against 43 the Employer which are based on or arise out of any action taken by the Employer in 1 accordance with or arising out of the foregoing provisions of this Section 6. 2

ARTICLE III 3

GRIEVANCE PROCEDURE AND ARBITRATION 4

Section 1 – Definition of Grievance. 5 The term grievance as used in this Agreement is a written claim involving the 6 interpretation, application, or claim of breach or violation of applicable provision(s) of 7 this Agreement which the employee has not been able to resolve with his/her Site 8 Manager. The grievance must identify the applicable provision(s) of the Agreement that 9 the Company is claimed to have breached or violated. 10

Section 2 - Grievance Procedure. 11

(A) Step One – Verbal Resolution. 12

The parties agree that all complaints should be resolved, whenever possible, with 13 the Site Manager and the employee involved. Any employee with a complaint or 14 issue should contact the Site Manager in order to discuss and resolve the issue, if 15 the employee desires, the responsible Union Steward may attend this initial step. 16 Both parties will make every effort to resolve the issue. If the complaint cannot be 17 resolved between the parties involved, the Site Manager shall state the reason of 18 disagreement, then the Union Steward or Union Representative will reduce the 19 complaint to writing. 20

(B) Step Two – Written Grievance. 21

Written grievances should be submitted to the home office on a form mutually 22 agreed to by the parties. The written grievance shall set forth the complaint, 23 claimed article violated or breached, date of violation or breach and other facts on 24 which the claim is based, employee name(s) and remedy sought. The grievance 25 must be provided to the home office within ten (10) working days of response from 26 the Site Manager in Step One. The home office will render their written decision to 27 the Union Representative within ten (10) working days after receipt of the grievance. 28 If a settlement is reached, it will be reduced to written form on the grievance form 29 and the matter shall then be considered closed. If the home office fails to provide a 30 written response within this time limit, the grievance remedy is granted. If no 31 settlement can be reached in Step Two, the grievance shall be advanced to 32 arbitration upon the Union’s request. Any grievance settlement, withdrawal, 33 agreement or actions occurring at this Step shall not constitute a precedent binding 34 upon the Company or the Union for future grievances. 35

(C) It is understood that the time limits specified herein may be extended by mutual 36 written agreement of the parties. 37

(D) The Company and the Union may mutually agree to combine the grievance of an 38 employee and other similarly affected employees in order to eliminate the need for 39 multiple filings of grievances. 40

(E) The Company and the Union may mutually agree in writing to waive any prior step 1 of the grievance procedure and proceed directly to Step Two of the grievance 2 procedure as it is described in (B) of this Section. 3

(F) Grievances arising out of a discharge or suspension without pay shall be submitted 4 directly to Step Two described in (B) herein. Should the Union elect to pursue such 5 a grievance, the written grievance signed by the employee must be submitted to the 6 Home Office or designee within ten (10) working days of the effective date of the 7 action. If a written grievance is not submitted to the Corporate Office or designee 8 within ten (10) working days of the effective date of the action, the right of the 9 employee or Union to grieve the action is waived and no further action can be taken 10 thereon. Such failure to act timely shall not set a precedent binding upon the Union 11 or the Company for future grievances. 12

(G) The Union shall have authority, with respect to any employee covered by this 13 Agreement, to decline to process a grievance, complaint, or dispute if in the 14 judgment of the Union such grievance or dispute lacks merit or justification under 15 the terms and conditions of this Agreement, or has been adjusted or justified under 16 the terms of the Agreement to the satisfaction of the Union. 17

(H) It is mutually agreed that should an employee be unavailable to sign a grievance 18 form and deliver it to the Company within the time limits specified in an appropriate 19 step of the grievance procedure, the Union may forward the grievance unsigned. 20 Requests for additional time due to circumstances of the unavailability of the 21 employee to sign will not be unreasonably denied. The Union must secure the 22 employee signature prior to the grievance form proceeding through the next step of 23 the grievance procedure. The Company will incur no liability, if any, as a result of 24 the delay incurred for the Union to secure the employee’s signature. 25

Section 3 – Arbitration. 26

(A) A grievance which either party desires to contest further, and which involves the 27 interpretation or application of the terms of this Agreement, shall be submitted to 28 arbitration as provided in this Article, but only if the Union gives written notice to the 29 Company of its desire to arbitrate the grievance within thirty (30) days of the receipt 30 of the decision provided in Step Two described in Article III, Section 2 (B) (2) or the 31 grievance shall be deemed waived. Such waiver shall not constitute a precedent 32 binding upon the Company or the Union for future grievances. 33

(B) A full-time representative of the Union and the Company’s representative shall have 34 authority to discuss between themselves the possible settlement and/or compromise 35 of the grievance, but in any event the Union must move to request an FMCS 36 arbitrator as provided herein within ten (10) days after the Union's appeal to 37 arbitration if no settlement has been reached by that time. This time limit may be 38 extended by mutual consent of both the Union and the Company. 39

(C) The request shall be for a list of seven (7) qualified arbitrators who are members of 40 the National Academy of Arbitrators. The Union and the Company shall alternately 41 strike one name from such list until one name remains and that person shall be the 42 arbitrator. The Company has the right to strike the first name in the first arbitration 43 and this right shall alternate between the Company and the Union in subsequent 1 arbitration cases thereafter. 2

(D) The parties' representatives shall make the necessary arrangements to arbitrate the 3 grievance, including the preparation and signing of a submission agreement which 4 states the issue. In the event the parties' representatives are unable to agree upon 5 the issue, the arbitrator shall determine the issue. 6

(E) The arbitrator shall have the authority to determine, the rules of evidence and 7 procedure and to adjourn or continue the hearing from time to time. All expenses 8 incurred by the arbitrator including the fee and expenses which he/she authorized in 9 connection with the arbitration, shall be shared equally by the parties. Costs 10 incurred by the respective parties for their witness(es) shall be borne by the 11 respective party. 12

(F) This Agreement constitutes a contract between the parties which shall be 13 interpreted and applied by the parties and by the arbitrator in the same manner as 14 any other contract under the laws of the land. The function and purpose of the 15 arbitrator is to determine disputed interpretation of terms actually found in the 16 Agreement, or to determine disputed facts upon which the application of the 17 Agreement depends. The arbitrator shall have the authority to interpret and apply 18 the provisions of this agreement. The arbitrator shall not have the authority to 19 amend or modify this Agreement or to establish new terms and conditions of this 20 Agreement. The decision of the arbitrator shall be in writing and shall not be made 21 until both parties have had reasonable opportunity to present their case, together 22 with arguments and briefs as desired. Said decision shall be given not later than 23 thirty (30) days after the submission of the final briefs. It is understood and agreed 24 that a decision of the arbitrator made in accordance with the requirements hereof 25 shall be final and binding on both parties. 26

(G) The parties will conduct arbitration cases at a mutually agreeable location. 27

ARTICLE IV 28

SENIORITY 29

Section 1 - Basis of Seniority and Establishment of Seniority Rights 30

(A) Probationary Period. 31 All employees shall be considered probationary employees for the first ninety (90) 32 calendar days of active employment, unless they were employed by a predecessor 33 contractor, in which case they shall be considered as a regular employee and shall 34 not be subject to a probationary period. Upon completion of his/her probationary 35 period, the employee will become a regular employee whose seniority will be 36 retroactive to his/her first day of employment. Supervisory determinations as to 37 retention, reassignment, or termination of probationary employees anytime during 38 the ninety (90)-day probationary period are not subject to the Grievance and 39 Arbitration Articles of this Agreement. 40

(B) Seniority. 1

1. For purposes of this Agreement, there shall only be one seniority list for all full-2 time employees for layoff, recall, promotions and shift preference and a separate 3 seniority list for all part-time employees for the same purposes. Seniority of an 4 employee is the length of his or her continuous service within the bargaining unit 5 in any job classification or the length of his or her continuous service with 6 predecessor companies performing similar fuel service duties at NAS Whidbey 7 Island, Oak Harbor, WA, whichever date is earlier. Current employees’ seniority 8 dates will be established and posted on the Union bulletin board within thirty (30) 9 days of ratification of this Agreement. Any newly-hired or transfers from other 10 Company locations shall establish their new seniority date upon entering the 11 bargaining unit located on NAS Whidbey Island at Oak Harbor, WA. Service time 12 used to determine non-competitive benefit accrual shall include all time working 13 for the Company at any site or any predecessor contractor. All service dates in 14 place upon ratification shall not change. 15

When two (2) or more employees have the same seniority date the employee 16 with the lowest last four digits of the social security number will be deemed to be 17 the most senior. 18

(C) Full-time/Part-Time Employees. 19

1. Full-time employees: are typically scheduled and work a standard five (5) day 20 forty (40) hour work week. 21

2. Part-time staffing will not exceed fifty (50) percent of the bargaining unit 22 workforce. If a part-time employee works forty (40) hours per week on a routine 23 basis, the Company will post an opening for a full-time position. Part-time 24 employees must be available to work at least sixty-four (64) hours per month 25 unless an exception has been approved. Offers of full-time employment will be 26 made in accordance with Section 6. 27

Section 2 – Layoffs. 28

(A) When it is determined by the Company that a reduction in force is required, the 29 Company shall designate the number of positions to be reduced. Probationary 30 employees shall be laid off first, and if the need to lay off other employees still 31 exists, then any employees in the affected classification may volunteer for layoff, 32 followed by any part-time employees who will be laid off in reverse seniority order. If 33 additional layoffs are needed, the employee(s) with the least seniority in the affected 34 job classification shall be laid off first. Employees selected for layoff may elect to 35 bump into lower rated classifications for which they’re qualified to perform. 36

(B) The Company will give employees affected by paragraph (A) above as much notice 37 as possible and at least two (2) weeks’ paid notice of a reduction in force. 38

Section 3 - Recall Rights. 1

(A) General. 2 An employee who is laid off or who displaces an employee in a lower paid job 3 classification in accordance with Section (2) of this Article shall retain recall rights in 4 accordance with his/her seniority as follows: 5

1. To the same job classification held at the time of his/her layoff/displacement or 6

2. To a job classification to which the employee had displacement rights in 7 accordance with Section 2 of this Article but could not exercise solely because of 8 insufficient seniority or 9

3. To a job classification for which the employee is able to perform work or for which 10 the employee was previously qualified to perform the work or to a job 11 classification to which the employee previously held at any time prior to the time 12 the employee was laid off. 13

Employees who have been laid off shall retain the recall rights mentioned herein 14 for a period not to exceed eighteen (18) consecutive months from the date of 15 layoff. Employees demoted to a lower paid position due to a reduction in force 16 shall retain the recall rights mentioned herein as long as they remain on the 17 active payroll in a lower paid position. 18

(B) Employees who are laid off from the service of the Company for a period not to 19 exceed eighteen (18) consecutive months shall retain and continue to accrue 20 seniority. 21

(C) Recall Notification. 22 In the event there is a recall from layoff, the Company shall mail a registered or 23 certified (return receipt requested) notice of recall to the appropriate employee. 24 Recalled employees must respond within five (5) working days after receipt of 25 notification, and must report for work within ten (10) working days unless extended 26 by the Company. 27

(D) Address on File. 28 All notices required under the provisions of this Article shall be sent to the employee 29 at the last address filed by the employee within the Company’s Human Resource 30 information System (HRIS). 31

(E) Address Requirement. 32 Each laid off employee shall keep their current mailing address updated in the 33 Company’s HRIS. Notice by the Company to the employee's mailing address listed 34 within the HRIS shall be considered as fulfilling the recall notice requirements. An 35 employee failing to comply with the provisions of this Section shall be considered as 36 having voluntarily resigned from the service of the Company if a recall notice is 37 mailed to the employee’s last known address in the HRIS and the employee failed to 38 update the HRIS within fifteen (15) calendar days after the change of address. 39

(F) Layoff / Recall Listings. 1 Layoff listings and recall notifications will be copied to the Business Representative 2 or his/her designee of the Union during any such exercise. 3

Section 4 - Employees Entering Armed Forces. 4 Employees who enter the Armed Forces of the United States shall be granted a military 5 leave for the period of such service, and upon honorable discharge shall have 6 reinstatement rights under ARTICLE VI, Employee Privileges, Section 5 – Leaves 7 Without Pay, paragraph (E) of this Agreement. 8

Section 5 - Loss of Seniority. 9 Seniority shall be lost and employees shall have their names stricken from the seniority 10 list under any of the following circumstances: 11

(A) Discharge for just cause. 12

(B) Resignation. 13

(C) Failure to respond to recall notification within the time frame established in this 14 Agreement. 15

(D) Failure to be recalled from layoff within eighteen (18) months after such layoff. 16

(E) Failure to report to work upon expiration of an approved leave of absence. 17 Exceptions shall be made when circumstances are beyond the employee’s control. 18

(F) Accepting other employment while on an approved leave of absence. 19

(G) When an employee is absent from work for a period of three (3) consecutive days 20 without providing notification to the Company of sufficient reasons to warrant the 21 absence. Exceptions may be made when circumstances are beyond the 22 employee’s control. 23

(H) Refusal to take a Drug Test directed by management, as required by Company 24 policy. 25

(I) Failure to return to active payroll for a continuous period of six (6) months due to 26 non-occupational physical or mental impairment. Employees terminated due to this 27 policy shall be considered to have preferential hiring rights to available positions 28 before outside applicants can be considered as long as the employee was in good 29 standing at the time of separation. 30

Section 6 – Promotions. 31

(A) Promotions. 32 A promotion means the advancement of an employee from one job classification to 33 another job classification with a higher rate of pay. 34

(B) Job Vacancies. 35 The Company and the Union clearly recognize the Company's right to determine 36 staffing levels within the Company. The Company therefore maintains the right to 37 assign personnel within the Company and to determine when there is a permanent 38 job vacancy. When the Company determines that a permanent job vacancy exists, 39 and no employee has recall rights to the open position as defined in Article IV, 40

Section (3)(A), the Company will post the vacancy on its website and on a site 1 bulletin board for a minimum of five (5) days. The posting notice shall state the job 2 classification, the pay rate, special training, experience or certification required (if 3 any). Employees who desire to bid for the posted vacancy may do so by completing 4 an electronic application prior to the close of the posting period. The Company shall 5 fill openings with the most senior qualified employee within the bargaining unit who 6 has applied for the position, excluding lead positions. Lead positions are filled 7 without regard to seniority. 8

All employees shall have the right to bid on full-time job vacancies. Bargaining unit 9 employees who meet all qualifications shall be given preference for the open 10 position in seniority order, prior to the Company considering applicants from outside 11 the bargaining unit. 12

(C) Selection. 13

1. Within five (5) working days after the close of the posting period, the Site 14 Manager shall determine which of the bidders meet the qualifications to perform 15 in the posted position. The position will be awarded to the most senior qualified 16 bidder using site seniority. 17

2. The successful bidder shall be assigned to his/her new job within ten (10) 18 working days after the job has been awarded. 19

3. If there are no qualified bidders, the Company has the right to fill job vacancies 20 by new hires or rehires. If the job vacancy is not filled within sixty (60) days after 21 the posting is closed, the vacancy will be re-posted in accordance with (B) 22 herein. 23

4. If an employee bids on a job posting, and is deemed by the Site Manager to not 24 be qualified for the posted job opening, the bidder may request an interview with 25 the Site Manager, along with the Union Steward, if requested, where the 26 reasons for not being qualified shall be explained to the bidder. The Site 27 Manager is to conduct this interview within ten (10) working days of the request. 28 The Union shall have the right to challenge the Site Manager’s decision through 29 the grievance procedure. 30

(D) New Job Performance. 31 When an employee is awarded a posted job, and fails to satisfactorily perform the 32 duties of the position within thirty (30) days after assuming the position, the 33…