ATTACHMENT_III_-_Collective_Bargaining_Agreement_Dec_1_2015_-_Nov_30_2018.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DOSS AVIATION, INC.

AND THE

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO, LOCAL LODGE 2777

PENSACOLA NAVAL AIR STATION

PENSACOLA, FLORIDA

December 1, 2015 – November 30, 2018 i of 43

TABLE OF CONTENTS

ARTICLE 1 AGREEMENT

1.1 AGREEMENT

ARTICLE 2 RECOGNITION

2.1 RECOGNITION

ARTICLE 3 MANAGEMENT RIGHTS

3.1 MANAGEMENT RIGHTS

ARTICLE 4 WAGES AND HOURS

4.1 EMPLOYEE CLASSIFICATIONS AND WAGES

4.2 DIFFERENTIAL

4.3 REPORTING AND CALL BACK PAY

4.4 OVERTIME

4.5 HOURS OF WORK

4.6 PAY PERIOD

4.7 DUAL QUALIFICATION EMPLOYEES

ARTICLE 5 PAID TIME OFF (PTO)

5.1 PTO

ARTICLE 6 HOLIDAYS

6.1 HOLIDAYS

ARTICLE 7 LEAVES OF ABSENCE

7.1 LEAVE OF ABSENCE

7.2 VOTING LEAVE

7.3 JURY DUTY LEAVE

7.4 BEREAVEMENT LEAVE

7.5 MILITARY LEAVE

7.6 UNION LEAVE

7.7 RETURN FROM LEAVE

ARTICLE 8 HEALTH BENEFITS

8.1 HEALTH AND WELFARE COVERAGE / BENEFIT RATE

8.2 LIFE/AD&D

8.3 SUPPLEMENTAL INSURANCE BENEFITS

ARTICLE 9 WEARING APPAREL

9.1 WEARING APPAREL

9.2 UNIFORMS

ARTICLE 10 SAFETY AND PRODUCTIVITY

10.1 SAFETY AND PRODUCTIVITY

10.2 HEARING TESTS

10.3 PRODUCTIVITY AND EFFICIENCY

ARTICLE 11 SENIORITY

11.1 SENIORITY

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11.2 SENIORITY LISTS

11.3 NEW CLASSIFICATIONS/VACANCIES/TRANSFERS

11.4 TRANSFERS

11.5 PROVISIONS AGAINST DISCRIMINATION

ARTICLE 12 LAYOFF AND RECALL

12.1 LAYOFF AND RECALL

ARTICLE 13 BULLETIN BOARDS

13.1 BULLETIN BOARDS

ARTICLE 14 UNION SHOP STEWARDS

14.1 UNION SHOP STEWARDS

14.2 ACCESS TO COMPANY FACILITIES

ARTICLE 15 GRIEVANCE AND ARBITRATION

15.1 DEFINITION AND PRESENTATION OF GRIEVANCES

15.2 COMPLAINT

15.3 GRIEVANCE

15.4 ARBITRATION

ARTICLE 16 STRIKES, SLOWDOWNS, WORK STOPPAGE, LOCKOUTS

16.1 STRIKES, SLOWDOWNS, WORK STOPPAGE, LOCKOUTS

ARTICLE 17 PENSION

17.1 PENSION PLAN

ARTICLE 18 COMMERCIAL DRIVERS LICENSE

18.1 COMMERCIAL DRIVERS LICENSE

ARTICLE 19 DRUG AND ALCOHOL POLICY

19.1 DRUG AND ALCOHOL POLICY

ARTICLE 20 RULES/DISCIPLINE/DISCHARGE

20.1 RULES/DISCIPLINE/DISCHARGE

ARTICLE 21 LEGAL WAIVERS

21.1 LEGAL WAIVERS

21.2 EFFECT ON LAW

ARTICLE 22 EXCLUDED MATTERS

22.1 EXCLUDED MATTERS

ARTICLE 23 RETIREMENT

23.1 COMPANY 401(K) PLAN

ARTICLE 24 UNION DUES DEDUCTION

24.1 UNION DUES DEDUCTION

ARTICLE 25 DURATION/SIGNATURES

25.1 DURATION/SIGNATURES

APPENDIX A - JOB DESCRIPTIONS

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JOB TITLE: DISPATCHER / COMPUTER OPERATOR IV

JOB TITLE: DRIVER / SYSTEM OPERATOR

JOB TITLE: CRYOGENIC DISTRIBUTION SYSTEM OPERATOR

JOB TITLE: HEAVY EQUIPMENT MECHANIC

APPENDIX B -- GRIEVANCE FORM

NAS PENSACOLA FUELS CONTRACT BARGAINING UNIT

LOCAL LODGE 2777 DISTRICT LODGE 75

ARTICLE 1 AGREEMENT

1.1 Agreement

a) This agreement is made and entered into this day of December 1, 2015, by and between Doss Aviation, Inc. (herein "Company") and International Association of Machinists and Aerospace Workers, AFL/CIO, District Lodge 75, and its Local Lodge No. 2777 (herein "Union") for the purpose of collective bargaining for employees hereinafter defined, located at Pensacola Naval Air Station, Pensacola, Florida under the alongside aircraft refueling contract. Said parties agree as follows:

b) The purpose of this agreement is to provide orderly collective bargaining relations between the Company and Union, to secure a prompt and fair disposition of grievances and to stabilize employee relations for the duration of this Agreement.

c) The term "Employee" or Employees" as used in this agreement (except where the context clearly indicates otherwise) shall mean employees of the Company within the bargaining unit described in the Recognition Article, and this agreement shall apply only to such employees. Any terms denoting the masculine gender used herein, such as "he" or "his", shall refer to both male and female employees of the Company.

d) This agreement shall constitute the entire agreement between the parties and can only be changed or modified in writing, signed on behalf of both parties hereto.

ARTICLE 2 RECOGNITION

2.1 Recognition

a) The Company recognizes the International Association of Machinists and Aerospace Workers, AFL/CIO District Lodge No. 75 and Local Lodge No. 2777 as the exclusive collective bargaining representative for employees, herein after defined, and certified by the National Labor Relations Board (15-RC-8457) under the alongside aircraft refueling contract at NAS Pensacola.

b) 1. INCLUDED: All regular full-time and part-time fuel truck driver/operators, cryogenic system operators, dispatchers/computer operator IV, leads (if any), and mechanics at the NAS Pensacola site.

2. EXCLUDED: All office clerical employees, professional employees, managerial employees, guards, and supervisors as defined in the Act.

ARTICLE 3 MANAGEMENT RIGHTS

3.1 Management Rights

a) Except as modified by this Agreement, the Company shall retain the exclusive authority, rights and powers to manage its business and direct the working force.

Such authority, rights, and powers include, but are not limited to, the right to hire, terminate for just cause, discharge for just cause, assign, transfer, promote, reclassify, layoff, and discipline for just cause; determine work schedules and the starting and quitting time; the number of hours and shifts to be worked; the qualifications of employees; to establish and modify rules and regulations not in conflict with the terms of this Agreement; to close down, curtail, or move the business, or any part thereof, to discontinue its business in whole or in part; to sell or dispose of all or any part of the business; to introduce new or changed methods; to determine the means of service or production; and to otherwise generally manage the operations and direct the working force. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to the Company.

b) Except as expressly modified by this Agreement, or except as such rights are specifically relinquished herein, all rights, powers or authority which the Company had prior to the signing of this Agreement are retained by it. No relationship between the parties shall be construed to constitute or create any implied limitation on the Company's authority, rights, or powers.

c) Supervisors and employees not covered by this agreement shall not perform work of bargaining unit employees, except in short-term circumstances of less than four (4) man-hours in duration over the course of a business day, but not to exceed eight (8) man-hours per workweek.

ARTICLE 4 WAGES AND HOURS

4.1 Employee Classifications and Wages

CLASSIFICATION Current 12/01/2015

2.5% 12/01/2016

2.25% 12/01/2017

2.25%

Driver/System Operator $18.11 $18.56 $18.98 $19.41

Dispatcher/Computer Operator IV $24.43 $25.04 $25.60 $26.18

Cryogenic System Operator $22.10 $22.65 $23.16 $23.68

Heavy Equipment Mechanic $25.61 $26.25 $26.84 $27.44

4.2 Differential

a) A second shift differential of forty cents ($.40) will be paid to all full-time and part- time employees for hours worked between 1700 and 2300.

b) A third shift differential of fifty cents ($.50) will be paid to all full-time and part-time employees for hours worked between 2300 and 0500.

c) Certified Nitrogen Generator Operator/Technicians will receive a differential of one dollar and fifty cents ($1.50) per hour.

4.3 Reporting and Call Back Pay

a) An employee who is scheduled and reports to work at the scheduled time without the Company attempting, in good faith, to notify said employee not to work, and who is subject to being sent home due to weather conditions, schedule changes, and/or flight cancellations shall be given three (3) hours pay at his applicable rate. Each employee is required to provide a valid number where they can be reached in order to notify him/her of scheduling changes. “In good faith” as used in this section, shall mean that the Company made reasonable effort, by mutually verifiable means (such as a verbal notification to the dispatcher that the supervisor intends to make, or has made such calls, and a log or log entry prepared by the supervisor), to contact the employee at least 2 hours before the start of the employee’s shift.

b) An employee who is called and reports back for work after he has completed his regularly assigned shift and departed from the premises shall receive a minimum of three (3) hours pay at his applicable rate, unless such work is to be performed immediately before and in conjunction with the employee's next shift.

c) An employee, who is not scheduled and is called and reports for work, shall receive a minimum of three (3) hours pay at the applicable rate.

4.4 Overtime

(a) Time and one-half will be paid for:

1. All time worked over 40 hours in a workweek.

2. All time worked on a holiday as defined in Article 6.1 for part-time employees.

Double time will be paid for:

1. All time worked over 48 hours in a workweek on an employee’s 7th day in the employee’s scheduled workweek.

2. All time worked on a holiday as defined in Article 6.1 for full-time employees.

a) The Company retains the right to approve and schedule all overtime.

The Company will make reasonable effort to equitably distribute overtime equally among employees qualified to do the work available.

1.) Overtime will be first offered to full time senior qualified employee(s) within the classification(s)/shift affected.

b) Once an employee volunteers for available overtime, he/she will be expected to work said overtime, unless failure is due to circumstances beyond his/her control.

c) Notwithstanding any other provision of this agreement, the Company shall be allowed to schedule employees so as to reduce or eliminate overtime expenses.

(b) For purposes of calculating weekly overtime under paragraph 4.4(a) of this Agreement, a “work week” is defined as a 168-hour period beginning at 12:01 a.m. Saturday and ending at 11:59 on the following Friday. The “work week” for purposes of calculating weekly overtime shall be the same for all full-time and part-time employees under this Agreement.

(c) There shall be no pyramiding or duplication of overtime or double time for the same hours worked.

4.5 Hours of Work

a) The payroll week shall begin at 12:01 a.m. on Saturday and end at midnight on the following Friday.

b) Assignments to workweeks shall be first offered to the full time senior employee(s) within the classification(s)/shift affected. In the event none of the employees want such assignment, the least senior employee(s) within the classification(s) shall be assigned. For full time employees, the normal workweek will consist of five consecutive days, with two consecutive days scheduled off, where workloads and available personnel permits such scheduling.

c) The regular workweek for full-time employees shall consist of forty (40) hours and a minimum of twenty-four (24) hours for part time employees, which are paid hours, unless the employee is on a leave without pay status or has requested time off during the workweek. A regular workweek is a workweek without a holiday. Work schedules may be changed by the Company provided it does not violate the provisions of this Agreement.

d) A break of ten (10) consecutive hours, minimum, must separate the end of an employee’s shift to the beginning of the next shift, unless waived by the employee.

e) Nothing in this section shall be deemed to prohibit the Company from establishing a new and different work day, or a new and different schedule of work within the workweek, in the exercise by the Company of its business judgment; provided the workday for full-time employees’ shall consist of eight

(8) consecutive hours of work, unless an extenuating business condition occurs that calls for immediate action.

f) Determination of starting time and hours of work shall be made by the Company and such schedules may be changed if the Company provides the affected full time employee five calendar days written or verbal notice of such change, which may be waived by mutual agreement between the Company and the affected full time employee(s). In cases of emergency, mission requirements or situations beyond Company’s control the five days’ notice will not always be possible in which case the Contract Manager or his designated representative will notify the employee(s) as soon as possible. The starting time of the various shifts will be as follows:

First Shift: Beginning at or after 0500 hours but before 1300 hours.

Second Shift: Beginning at or after 1300 hours but before 2100 hours.

Third Shift: Beginning at or after 2100 hours but before 0500 hours.

g) The Company will use one-tenth of an hour (6 minutes) as a unit in computing time.

h) No payment will be made for early sign-in unless the supervisor has authorized the employee to start work at a time earlier than the normally scheduled starting time. No payment will be made for late sign-out unless the supervisor has authorized the employee to end work at a time later than the normally scheduled ending time.

i) All employees must comply with the Company’s time charge policy.

j) The Company will designate a telephone number for employees to call to report their absence from work. The employee must call in to report the absence two (2) hours before the start of the shift, unless extenuating circumstances apply.

4.6 Pay Period

a) The Company will pay employees on Friday following the end of the pay period. All employees will participate in direct deposit of payroll checks.

b) Any employee laid off, terminated or voluntarily quitting will be paid in full on the regular payday of the next pay period.

4.7 Dual Qualification Employees

a) The Company reserves the right to employ and hire dually qualified employees.

Said employees, and only these employees, shall be paid at the rate applicable to the specific job classification when performing in that job.

ARTICLE 5 PAID TIME OFF (PTO)

5.1 PTO

a) PTO will be a bank of paid leave, which replaces an employee’s vacation and sick pay entitlements. Regular full-time employees are eligible to start accruing PTO during their first pay period. All full-time employees are eligible to use PTO throughout the year.

b) For purposes of calculating PTO accrual, length of service includes the whole span of continuous service with Doss Aviation, Inc. and the predecessor contractor, in the performance of the same alongside aircraft refueling contractual-work at Pensacola, Florida. The term “anniversary date” as it is used in this section shall mean the employee’s annual benefit date as established with predecessor contractors or the Company, whichever is earlier. A maximum balance of one-hundred four (104) hours of accrued PTO may be carried over each year.

c) PTO is earned at the accrual rate listed below every pay period an employee works and is available for use as the time is earned. PTO will continue to accrue while on any paid time off. Employees may not receive pay in lieu of PTO unless they meet the requirements addressed in 5.1 r). Employees are encouraged to take PTO days within the year it is earned. As of December 31, 2016, and each December 31st thereafter, only the maximum accrued amount will carry over into the New Year. Length of service time determines the rate at which the employee will accrue PTO. Employees become eligible for the new higher accrual rate on the first day of the pay period after the employee’s service date.

ACCRUAL CHART FOR FULL-TIME EMPLOYEES

Years of Service

Accrual Rate per Pay Period

Days/Weeks per Year

Maximum Annual Accrual

< 1 2.0 Hours 6.5 Days/1.3 Weeks 52 Hours

1 – 6 5.0769Hours 16.5 Days/3.3 Weeks 132 Hours

7 – 10 6.6154 Hours 21.5 Days/4.3 Weeks 172 Hours

>11 8.1538 Hours 26.5 Days/5.3 Weeks 212 Hours

>17 9.6923 Hours 31.5 Days/6.3 Weeks 252 Hours

d) The individual employee’s anniversary date, as established under Article 12.1, and each continuous service anniversary date thereafter shall be the reference date for the rate of accruing PTO.

e) PTO pay shall be computed at the employee's base hourly rate at the time the PTO is taken.

f) Employee’s requests for PTO should be made two (2) weeks in advance, except in unforeseen circumstances or emergency situations when requests should be made as far in advance as possible. PTO requests must have documented approval of the Site Manager, or his/her designee, before such time is taken.

g) When more than two (2) employees have requested to have the same days PTO, the employees with more seniority will be approved for the time off.

Employees’ requests for PTO must be approved by their Supervisor before such PTO is taken.

h) Employees will be permitted to take the maximum number of hours of unused PTO (as recorded for the pay period immediately preceding the start of the requested PTO period), production requirements permitting. The Company will not unreasonably deny an employee’s PTO request.

i) Once PTO has been approved, the employee cannot be denied without his/her consent, except under extenuating circumstances.

j) When a holiday falls within an employee’s PTO period, such holiday shall not be charged as PTO hours.

k) All earned PTO must be used during the twelve (12) months after it is earned, and prior to expiration of the Company’s government contract. An emergency business condition may prevent an employee from using accrued leave. In such circumstances, written approval from the Director of Operations and the Company’s director of human resources is required before the carryover is permitted. PTO not taken or approved for carryover shall be lost; except that, an employee will be paid for PTO time accrued during the same calendar year that the contract ends, and a new contractor takes over, if it is not possible for the employee to take said leave.

l) Paid PTO leave will be counted as time worked for Health and Welfare benefit pay purposes.

m) PTO requests will be approved or denied within one work week of submission of the request for such leave. Approvals will be based on operational mission requirements.

n) PTO may only be scheduled on the employee’s regularly scheduled work days and only for the amount of hours regularly scheduled on that day to a maximum of eight (8.0) hours per day. PTO may be taken in increments of four hours.

o) PTO period of four (4) hours or less must be requested a minimum of two (2) hours in advance unless an emergency exists.

p) It is understood and agreed that it is not the intent of the parties to restrict management from approving requests not meeting submission time limits for employees with a valid emergency, provided Management can afford to approve such request based upon the current work load, as defined in Hours of Work, Article 4.5, or under other unforeseen situations mutually agreed upon by the parties.

q) In order to be granted unscheduled PTO, employee(s) must notify the Site Manager or his/her designee two (2) hour prior to the start of the shift, unless extenuating circumstances apply.

r) An employee will be paid upon resignation, separation, retirement, or death for all PTO hours accumulated but not used.

s) Vacation pay, in lieu of vacation, will be paid to each regular part-time employee on a pro-rata basis of hours worked during the year, on the first pay period after their anniversary date.

t) Calculating Vacation Accruals for Part Time Employees: To calculate a part time employee’s vacation accrual, divide the number of hours the employee worked the year prior to their anniversary date by 2080 and then multiply by the rate of vacation based on years of service. For example:

Employee Hours worked year prior

Vacation accrual rate

Calculation Vacation hours accrued and paid out

#1 1520 80 (1520/2080) = .73; then (.73*80) = 58.40 58.40 #2 1200 160 (1200/2080) = .58; then (.58*160) = 92.80 92.80 #3 2000 240 (2000/2080) = .97; then (.97*240) = 232.80 232.80 #4 2200 260 (2200/2080)=1.06;then (1.06*260)=275.60 275.60

u) Part-time employees with more than twelve months (12 months) of continuous service shall receive eighty (80) hours of vacation annually towards the pro-rata calculations, on his/her anniversary date. Part-time employees more than seven (7) years shall receive one hundred and twenty

(120) hours of vacation annually towards the pro-rata calculations, on his/her anniversary date. Part-time employees more than eleven (11) years shall receive one hundred and sixty (160) hours of vacation annually towards the pro-rata calculations, on his/her anniversary date. Part-time employees more than eleven (17) years shall receive two hundred (200) hours of vacation annually towards the pro-rata calculations, on his/her anniversary date.

ARTICLE 6 HOLIDAYS

6.1 Holidays

a) The Company recognizes ten (10) paid holidays per year for full time employees.

These holidays are:

1) New Year's Day

2) Martin Luther King's Birthday

3) President's Day

4) Memorial Day

5) Independence Day

6) Labor Day

7) Columbus Day

8) Veteran's Day

9) Thanksgiving Day

10) Christmas Day

b) In addition to the holidays listed above, federally declared legal holidays which are reimbursable by the government will be paid to full time employees who are otherwise regularly scheduled to work and paid prorated to the part time employees based upon the hours worked in the previous week.

c) Full time employees will be entitled to eight (8) hours holiday pay at their regular rate of pay for each holiday. Regular part-time employees will receive holiday pay based upon the hours worked during the week prior to the holiday, on prorated basis.

d) Any holiday falling on a Saturday or Sunday will be celebrated and recognized by both parties, on the day set by the federal government.

ARTICLE 7 LEAVES OF ABSENCE

7.1 Leave of Absence

a. Leaves of absence without pay on a limited basis (generally less than 30 days) may be granted to employees for personal reasons at management's discretion.

Seniority continues to accumulate during this period. When an employee has been granted a leave of absence for a specified period of time, it will be the employee’s responsibility to request an extension of such leave a minimum of three (3) days prior to expiration if additional time is required.

b. Any leave of absence obtained through false pretense shall be invalid and the employee's absence shall be recorded as unauthorized and such disciplinary action shall be taken as the Company believes warranted, up to and including discharge.

c. Should an illness or injury require absence from work for treatment or convalescence, a certificate of fitness from a medical doctor must be furnished to the Company prior to return to work. The Company may require a second physical examination by a medical doctor selected by the Company prior to the employee's return to work. If the Company requires such second physical examination, it must schedule the employee's appointment with the doctor, and will be at the Company's expense. If the physician selected by the Company and the employee’s physician disagree, then the employee shall be examined by a third physician and that physician’s decision shall decide the employee’s capability. Any such additional examination costs shall be incurred by the Company.

1. While on leave of absence for personal health reason, the employee shall notify the Company immediately as to his/her potential of returning to work on a weekly basis, except in those cases where the employee’s physician has provided an expected date of return. Employees will notify management immediately of notification from the physician of the expected date authorized to return to work, prior to returning to work.

d. Leaves of absence without pay in workers’ compensation injury will be granted automatically for the full period of legal temporary disability, and seniority will accumulate for the full period of such leave, not to exceed eighteen (18) months from the commencement of the leave.

7.2 Voting Leave

a) In the event that an employee does not have sufficient time outside of working hours to vote in a state or Federal election, the employee may take off enough working time to enable the employee to vote. Such time off shall be taken at the beginning or the end of the regular working shift. Time off to vote will be without pay. The employee shall give his or her supervisor at least one (1) days’ notice that time off to vote is needed.

7.3 Jury Duty Leave

a) When employees are required to serve on jury duty or to report for jury examination during work time, they will be granted pay for regular shift, less any compensation paid to them by the court, in accordance with state and federal law.

An employee working the third shift will not be expected to work on the shift prior to reporting for jury duty. Any employee called for jury duty who is scheduled to work on the second shift shall not be required to work the evening he is to report to court and shall receive payment as outlined above.

1) In order to be paid by the Company for such leave, the employee must submit to the Manager or supervisor written proof, executed by the administrator of the court, of having served, the duration of such service, and the amount of compensation received for jury service.

2) Employees responding to a subpoena as a witness for the Company, at the request of the Company, or who are subpoenaed to testify before a state or federal court will be entitled to this benefit provided that they are not a party to the legal proceeding.

3) A regular full-time employee, who is scheduled to work the day shift schedule, who is released from jury duty or a Company subpoena more than four hours prior to the end of such employee’s scheduled shift shall report to work as soon as possible.

7.4 Bereavement Leave

a) Employees, in the event of the death of their current spouse, legal guardian, parents, grandchildren, grandparents, siblings, or children, or foster children, mother-in-law, father-in-law, brother-in-law, sister-in-law, aunts, uncles and step relationships to include child, mother, father, brother or sister, may take up to three (3) days off to attend the services. Approved time off will be with pay but will not be considered as time worked for purposes of overtime. Verification of the relationship and death shall be provided by the employee to the Supervisor prior to payment. Additional unpaid time off may be taken if written approval is obtained from the employee's supervisor. Proper notification must be given the employee's Supervisor and approval received. Additional leave without pay may be granted for the bereavement of an employee’s immediate family, as defined in this section.

7.5 Military Leave

a) An employee who is called to and performs short term active duty of thirty (30) days or less, including active duty training as a member of the United States Armed Forces Reserve or National Guard, will be granted leave without pay.

b) Any employee entering the Military service for military training or service in accordance with the provisions of the existing selective service acts and other applicable laws will be restored to service in accordance with such laws.

7.6 Union Leave

a) Leaves of absence without pay for any Union business may be granted to

Bargaining Unit employees who are employees of the Company, not to exceed one (1) week, provided at least ten (10) work days advance notice is given in writing to the Company and approved by management. However, not more than one (1) employee per site may be on such leave at any one time.

b) Any member of the Union elected or appointed to a full time Union position shall, upon written requests by the Union, be granted a leave of absence for Union activities for the period elected or appointed. Employees on such leave shall retain and accrue seniority.

c) When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if application is made therefore within fifteen (15) days thereafter, such Union member will be given re-employment in a similar position, if same still exists, or a comparable position in accordance with his/her qualifications and seniority privileges, and applicable wage rate at the time of return to the active payroll.

7.7 Return from Leave

a) When leaves of absence are granted, the employee, upon return to active employment, will be returned to his/her classification on a job the employee is qualified to perform based upon seniority.

ARTICLE 8 HEALTH BENEFITS

8.1 Health and Welfare Coverage / Benefit Rate

a) The Company will continue the current health benefits. In the event an employee opts for coverage which costs less than the Health and Welfare benefits pay earned, the difference will be paid to the employee’s 401(k) account on behalf of the employee. If an employee elects to take no coverage the employee will receive the full amount of Health and Welfare benefits and it shall be paid to the employee’s 401(k) account on behalf of the employee. The Health and Welfare benefit rates will be paid for all hours paid up to a maximum of 2,080 hours per year. The Health and Welfare benefit rates shall be as provided in Table 1 below:

Current Effective 12/01/15

Effective 12/01/16

Effective 12/01/17

$4.65/Hr. Worked $4.70/Hr. Worked $4.75/Hr. Worked $4.80/Hr. Worked

Table 1

8.2 Life/AD&D

The Company will provide Group life and basic Accidental Death and Dismemberment (AD&D) insurance in the amount of $50,000 for full-time employees.

8.3 Supplemental Insurance Benefits

The Company will allow additional supplemental insurance to be chosen by the employee, if eligible, from the Company’s selected provider, with such premiums paid via payroll deduction.

8.4 Patient Protection and Affordable Care Act

The Company reserves the right to adjust medical insurance coverage in order to comply with the Patient Protection and Affordable Care Act requirements. In the event an employee becomes enrolled in medical coverage, the employee portion of the premiums will be deducted from the health and welfare benefit.

Should this occur, the Company will immediately advise the Union of such changes and will meet as soon as possible to negotiate the effect of such changes on the employees covered by this Agreement.

ARTICLE 9 WEARING APPAREL

9.1 Wearing Apparel

a) The Company shall provide an annual amount of one hundred ($100.00) dollars per employee for the purchase of safety shoes. The one hundred ($100.00) dollars shall be used to provide safety shoes for the entire year. Employees shall receive this one hundred ($100.00) dollar safety shoe allowance the first (1st) full pay period in December.

b) The Company will provide specialized safety equipment and gear as required by state and federal safety and OSHA laws, to include Cryogenic boots and gloves for employees assigned to such duty. There will be separate rain gear provided for the Cryogenic System Operators.

9.2 Uniforms

a) Employees shall be provided, within thirty (30) calendar days after hiring, with uniform pant and shirt sets as follows: seven (7) each for full-time employees;

five (5) each for part-time employees. Additional uniforms will be provided and replaced on an as needed basis.

b) Employees shall maintain and care for provided uniforms.

c) The Company will supply one (1) jacket, with liner. The Company will provide a heavy winter coat, at the time of hiring, for all employees on a one time basis during the life of this agreement, with replacement at the approval of management.

d) Rain gear will be made available for employee use during inclement weather.

e) The Company will supply one (1) cap and replace as needed.

f) The Company reserves the right to establish a reasonable dress code, to enforce reasonable requirements of dress, and to enforce all requirements of dress imposed by the Government.

g) Should any additional safety equipment or protective clothing be required by the Company or the Government after ratification of this Agreement, the Company will provide ANSI or OSHA approved equipment. Cryogenics certified employees, assigned to such duty, will be issued two light weight cotton fire retardant coveralls. There will be an additional long sleeve shirt provided to each employee assigned to work at one of the “Outlying Fields”.

h) The wearing of buttons, pins, tags or stickers of any type on the working uniform is prohibited, with the exception of an American flag patch which can be worn on the left shirt sleeve.

ARTICLE 10 SAFETY AND PRODUCTIVITY

10.1 Safety and Productivity

a) The Company shall strive to maintain safe and healthful conditions to protect employees from injury. It is the desire of both parties to this Agreement to maintain high standards of safety in the operations of the Company in order to eliminate, as far as possible, industrial accidents and illnesses'. The Company, Union and employees shall work together and cooperate in maintaining work place safety.

b) The Company, Union, and the employees agree to comply with all state and federal laws regulations and rules, including the Occupational Safety and Health Act of 1970, as amended, in regard to safe and healthful working conditions at Pensacola Naval Air Station, Pensacola, Florida; and all reasonable rules imposed by the Company.

c) Employees must wear all required safety devices.

d) Employees are required to immediately report to management any accident or injury, major or minor, which may occur. If so directed, the employee will report immediately to designated medical personnel.

e) The Company shall designate smoking areas not in violation of Navy and insurance regulations and employees may smoke only in designated areas.

10.2 Hearing Tests

a) The Company will provide periodic hearing tests for all employees who are covered by this Agreement, not to exceed every four (4) years from the last Company provided hearing test.

10.3 Productivity and Efficiency

a) It is the intent of the parties to secure and sustain optimum productivity per employee, consistent with the principle of a fair day of work for a day of pay. In accordance with this important objective, it is agreed that working time is for work only. This does not mean that employees may not present grievances during working time. Employees will be given, within a reasonable amount of time an opportunity to present their grievances, so long as the mission is not interrupted.

ARTICLE 11 SENIORITY

11.1 Seniority

a) The Company and Union agree to the principle of seniority, provided employees are qualified to perform the work involved. Employees have continuous service credit with the Company from the date of unbroken service on the Pensacola Naval Air Station, Pensacola, Florida, alongside aircraft refueling contract. When two (2) or more employees have identical seniority, the last four digits of the employee's social security numbers will be compared, with the lowest number to be ranked first.

b) A new employee or one who is re-employed after a break in his seniority shall not acquire any seniority under this Agreement until the expiration of ninety (90) days of continuous service following employment. If such employee shall be continued in the employ of the Company after the expiration of said ninety (90) day period his seniority shall be computed from the most recent date of hire in accordance with the applicable provisions of this Agreement. Any separation of employment during said ninety (90) day probationary period shall not be made the basis of a claim or grievance of the Company and there shall be no obligation to reemploy such person; provided, however, that this provision will not be used for the purpose of discrimination.

c) Continuous service will be broken for the following reasons:

1) Voluntary termination

2) Absence in excess of three (3) consecutive working days without giving the Company notice.

3) Discharge for just cause.

4) Failure to accept recall from layoff within three (3) working days after receipt of, refusal, or failure to sign for certified mail.

5) Layoff without recall to work after eighteen (18) months of the date of layoff.

6) Time off due to non-work related illness or injury equal to accumulated seniority, but not greater than eighteen (18) months.

7) Transfer to a position outside the bargaining unit.

11.2 Seniority Lists

a) Upon request by the Union, but no more than once per quarter year (unless there have been changes to the seniority list), the Company will provide the Union an up-to-date seniority list. The list shall contain the first and last name, seniority date, and classification, sorted by seniority date. The Company shall post such list on a Company bulletin board when requested. Any employee may contest the accuracy of the seniority list; and if an error is established, a correction will be made.

11.3 New Classifications/Vacancies/Transfers

a) When a vacancy occurs in an existing classification or shift, the vacancy will be posted for bid among seniority employees in the bargaining unit for a period of five (5) days (excluding weekends and holidays). Such notice shall state classification, rate of pay, shift (to include normal work hours and normal days of work; however, employee may be required to work a different schedule and different days based on mission or manpower requirements as determined by the contract manager or his designated representative. If a change is necessary the Company will provide the affected full-time employee(s) five calendar days’ written or verbal notice of such change, which may be waived by mutual agreement between the Company and the affected full-time employee(s). In cases of emergency, mission requirements or situations beyond Company’s control the five days’ notice will not always be possible in which case the Contract Manager or his designated representative will notify the employee(s) as soon as possible), number of openings available, and the date and hour the bidding shall be closed. Any employee desiring to be considered for the position shall sign up for such job in the space provided on the notice.

b) When a new in-unit job classification is established by the Company, the Company shall propose the job description and the rate of pay. The Company will promptly furnish the Union with a copy thereof. In the event that the Union takes exception to the job description and rate of pay, it will advise the Company in writing within seven (7) days. If not, the job description and rate of pay shall become part of the existing Agreement, upon approval by the Government.

1) Should the Union not agree, it will state its position in writing. The Company and the Union shall then attempt to reach an agreement. If no agreement can be reached, the Company or Union may process the grievance under the grievance and arbitration procedures.

2) If the matter is arbitrated, the arbitrator shall have the authority to determine the job description and rate of pay. The jurisdiction of the arbitrator and his decision shall be confined to a determination by comparison with the duties and qualifications of other established jobs at Pensacola Naval Air Station, Pensacola, Florida.

c) Classification or Shift Vacancies will be filled by the senior employee(s), who is qualified to perform the work involved as established by the job description; and who is performing his/her work consistent with the standards as established by the job descriptions. They will be notified within twenty-four (24) hours after the close of bidding. If no employee(s) bids on the opening, the least senior employee(s) in the classification will be assigned to the vacancy.

d) Employees promoted to a job classification at a higher rate shall receive the higher paying job classification rate.

e) Employees unaware of job openings may be notified by the shop steward of postings. The Company has no duty to notify said employees other than by posting as defined above.

f) The successful bidder will be given ten (10) working days to successfully perform the operation. In the event an employee cannot demonstrate aptitude to perform a newly assigned job, as established by the job description, he/she will be returned to the former classification, and if a job in the former classification is no longer available, to a comparable job. When necessary, seniority bumping rules will be followed.

g) Regular part-time employees shall be limited to not more than forty-five (45) percent of the total bargaining unit.

h) The job descriptions for the classification titles covered by this Agreement have been developed and mutually agreed to by the Company and the Union. They are provided in attachment Appendix A, and are made a part of this agreement and will remain in effect with no change in the material content of the job description except for changes mutually agreed to by the parties through negotiations, or as otherwise required by the Government.

11.4 Transfers

a) Employees temporarily assigned to a job classification at a higher rate shall receive the higher paying job classification rate.

b) This section of the contract shall not be used to avoid the declaring of a vacancy in the classification being filled by the temporary transfer.

11.5 Provisions against Discrimination

a) The Company and the Union agree that there shall be no unlawful discrimination or harassment by the Company or the Union.

ARTICLE 12 LAYOFF AND RECALL

12.1 Layoff and Recall.

a) The following procedure shall be followed in layoff and recall:

1) The Company will first terminate all probationary employees.

2) The Company will then lay-off the least senior, part-time employee in the classification(s) affected.

3) The Company will then lay-off the least senior, full-time employee in the classification(s) affected.

4) Such employees’ may then displace a less senior employee in any equal or lower rated classification; provided the employee is able to perform the work without loss of efficiency.

5) If an employee is not suitable to displace any employee as provided above, the employee shall be placed on layoff.

6) Laid off employees shall be recalled in reverse order, that is, the most senior qualified for the position, will be recalled first.

7) In the event of a lay-off, the Company will give employees and the Union a forty (40) working hour notice, prior to the time the layoff is to occur provided the customer gives the same. This requirement does not apply to employees being displaced by senior employees.

ARTICLE 13 BULLETIN BOARDS

13.1 Bulletin Boards

a) The Company agrees to provide space in the break room, or other mutually agreed area, for a 3’ x 4’ bulletin board (to be provided by the Union). Said board may be used to provide the following:

1) Notice of Union meetings

2) Notice of official Union elections and results

3) Notice of official Union appointments

4) Notice of Union recreational and social affairs.

5) Posting of Union newsletters and Union benefit flyers.

ARTICLE 14 UNION SHOP STEWARDS

14.1 Union Shop Stewards

a) One shop steward, per shift, shall be determined by the Union for the first and second shift. The shop stewards shall be employees of the Company.

b) The Union shall notify the Company within fifteen (15) days after the effective date of this Agreement a list in writing containing the names of its shop steward(s). Thereafter the Union shall notify the Company promptly in writing of any changes, and the Company shall not be obligated to recognize or deal with any such shop steward until receipt of written notification. All such notification shall be on the official stationary of the Union. In such cases the Company shall give immediate recognition.

c) The scope of the Shop Steward's activities:

1. To consult with an employee regarding an alleged grievance or the presentation of a grievance for which the employee desires the Steward to be present.

2. During an investigation in which it is determined by supervision that an employee may be subject to discipline or formal counseling, said employee shall have the right to have his shop steward present during the investigation.

3. A Steward will be notified of and may be present, at the employee’s request, during any suspension and/or termination proceedings.

d) The duties and activities of the shop steward shall be limited to handling grievances and complaints which may arise under with the grievance procedure.

When the shop steward is required to leave his duties for the handling of complaints or grievances, he shall first notify and receive permission from the Contract Manager or his designee.

e) Stewards will not solicit grievances; however, shop stewards will file grievances and discuss complaints of employees on the premises and during Company time, provided the work is not interrupted. Shop stewards will be given time to perform their duties, within a reasonable time from their request.

f) The Company will allow each new employee up to twenty (20) minutes, within the first five (5) days of employment, time to meet with the Shop Steward.

14.2 Access to Company Facilities

a) The Union agrees that when it is necessary for the Business Representative or his designee to visit the work site to confer with Union members on matters concerning the relationships between the Company and the Union as defined in this Agreement, he/she shall notify the Contract Manager or his designee in advance.

b) The Union shall indemnify, defend and save harmless the Company against any and all claims, demands, suits, or other forms of liability arising out of any injury sustained by any representative of the Union while on the property or equipment of the Company; or arising out of any injury sustained by any person as a result of the presence of any representative of the Union on the property or equipment of the Company.

ARTICLE 15 GRIEVANCE AND ARBITRATION

15.1 Definition and Presentation of Grievances

a) Grievance as used in this Agreement is a complaint or request of an employee which involves the interpretation or application of, or compliance with, the provisions of this Agreement.

b) Grievances shall be presented to the Contract Manager within five (5) working days after the Union or the employee knew of the occurrence or the condition upon which the grievance is based, with his/her shop steward present. The failure to submit a grievance within such period shall constitute a bar to further action thereon, unless extended in writing by mutual agreement between the Company and the Steward. All grievances shall be reduced to writing, except at step one, and processed in accordance with the following procedure.

c) A grievance must be filed on the form mutually agreed upon by the Company and Union, a copy of which is attached as Appendix B, except at step one, which is verbal.

d) Employees, with their steward present, will be given a reasonable amount of time to present their grievances, not to exceed 30 minutes, so long as the work is not interrupted.

15.2 Complaint

a) An employee, either directly or through their shop steward, may verbally present a complaint to the Contract Manager. Complaints may be adjusted with or without the intervention of the Union as long as the adjustment is not inconsistent with the terms of this Agreement. The employee can request the presence of the steward, if the situation warrants.

15.3 Grievance

a) Step 1: Between the Contract Manager of the activity, or the Company's designated representative, the employee and the Shop Steward or the Union's designated representative. This stage is verbal. The Contract Manager will make a verbal reply, no later than five (5) calendar days after receipt of the grievance.

If this reply is unsatisfactory, the grievance may be appealed to Step 2, provided such appeal is made within ten (10) calendar days following receipt of the reply.

b) Step 2: Between a Company headquarters representative and the Unions Business Representative of the local Union, or the Union's designated representative. This appeal must be written. The Company shall make a reply in writing not later than ten (10) calendar days following the appeal to Step 2. If this reply is unsatisfactory, the grievance may be appealed to arbitration, provided written notice of such appeal is given to the Company within ten (10) calendar days following receipt of the Step 2 reply.

c) The time limits set forth above may be extended by mutual agreement of the parties.

d) The time limits set forth above do not include weekends, holidays or days the Navy Base is shut down to civilian access to the base.

15.4 Arbitration

a) Any grievance not satisfactorily disposed of in accordance with the steps of the grievance procedure may be submitted to arbitration by either party. If the grievance is submitted to arbitration, the arbitrator selection process will commence within thirty (30) calendar days of receipt of the arbitration panel.

b) Before any matter is submitted to an arbitrator, either party may request a meeting to resolve the grievance. This meeting shall be between a Company senior level manager and the Union Business Representative or their designated representative.

c) The Company and the Union shall first seek to select an arbitrator by mutual agreement. If the parties are unable to agree, an arbitrator shall be selected from a panel from the Federal Mediation and Conciliation Service, (FMCS) to submit a list of seven (7) names from which the arbitrator shall be chosen within thirty

(30) work days after receipt of such list. The specified time limit may be extended by mutual written agreement of the parties. The names contained on the list shall be stricken in turn until one (1) name remains, and that person shall become the arbitrator. The right to strike the first name shall be determined by lot for the initial panel.

d) The party striking first shall alternate from panel to panel. Either party may reject one (1) panel. Upon such rejection, an additional panel shall be requested in writing from the Federal Mediation and Conciliation Services by the party rejecting such panel with a copy of such request to the other party.

e) Both parties agree that they will continue to make every effort to attempt to resolve any issue before them during the period of time before it is actually heard by the arbitrator.

f) The parties will jointly submit a signed statement setting forth the issue or issues to be decided by the Arbitrator, the specific contract violations and the remedy sought.