Attachment_III_NASCC_CBA_2016_2019_.pdf

AGREEMENT

BETWEEN

DOSS AVIATION, INC.

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, AFL-CIO

DISTRICT LODGE 776, LOCAL LODGE 2916

CORPUS CHRISTI, TX

08/19/16 – 8/19/19 ii

Table of Contents

ARTICLE 1 AGREEMENT

ARTICLE 2 RECOGNITION

ARTICLE 3 MANAGEMENT RIGHTS

ARTICLE 4 WAGES AND HOURS

ARTICLE 5 PAID TIME OFF (PTO)/VACATION

ARTICLE 6 HOLIDAYS

ARTICLE 7 LEAVE OF ABSENCE

ARTICLE 8 HEALTH BENEFITS

ARTICLE 9 WEARING APPAREL

ARTICLE 10 SAFETY AND PRODUCTIVITY

ARTICLE 11 SENIORITY

ARTICLE 12 LAYOFF and RECALL...................................................................... 1 9

ARTICLE 13 BULLETIN BOARDS

ARTICLE 14 UNION SECURITY

ARTICLE 15 UNION SHOP STEWARDS

ARTICLE 16 GRIEVANCE AND ARBITRATION

ARTICLE 17 STRIKES, SLOWDOWNS, WORK STOPPAGE, LOCKOUTS

ARTICLE 18 PENSION PLAN

ARTICLE 19 COMMERCIAL DRIVERS LICENSE

ARTICLE 20 DRUG and ALCOHOL POLICY

ARTICLE 21 RULES/DISCIPLINE/DISCHARGE

ARTICLE 22 LEGAL WAIVERS

ARTICLE 23 EXCLUDED MATTERS

ARTICLE 24 DURATION/SIGNATURES

APPENDIX A JOB DESCRIPTIONS

APPENDIX B NATIONAL I.A.M. BENEFIT TRUST FUND……………………………38

ARTICLE 1 AGREEMENT

1.1 Agreement

a) This agreement is made and entered into this 19th day of August 2016 by and between Doss Aviation, Inc. (herein "Company") and International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 776, and its Local Lodge No. 2916 (herein. "Union") for the purpose of collective bargaining for employees hereinafter defined, located at Corpus Christi, Texas under the 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 "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. 776 and Local Lodge No. 2916 as the exclusive collective bargaining representative for employees, herein after defined, and certified by the National Labor Relations Board under the refueling contract.

1. INCLUDED: All full-time and regular part-time employees of the employer engaged in the performance of aircraft refueling services at the Corpus Christi Naval Air Station, including drivers, dispatchers, fuel distribution system operators, and heavy equipment mechanics.

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

ARTICLE 3 MANAGEMENT RIGHTS

3.1 Management Rights

a) 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, assign, transfer, promote, reclassify, layoff, discipline for cause (including suspension and discharge);

determine work schedules and the starting and quitting time; the number of hours and shifts to be worked; the qualifications and number 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 a specific provision of 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 cases of emergency, research, or work of a special nature, when necessary, to instruct employees, or when interfacing with the customer. The term "emergency" is defined to mean an unforeseen combination of circumstances which call for immediate action.

ARTICLE 4 WAGES and HOURS

4.1 Employee Classifications and Wages

10/01/16

10/01/17

10/01/18 Job Classification: Per hour

Per hour

Per hour

3.0% 2.0% 2.0% Driver $21.51 $21.94 $22.38

Dispatcher

$22.25

$22.69

$23.15

Fuel Distribution System Operator

$23.27

$23.73

$24.21

Heavy Equipment Mechanic

$27.73

$28.28

$28.85

Note: In the event the current Heavy Equipment Mechanic leaves the employment of Doss Aviation, Inc. the union and the company agree to re-negotiate the wage for this position.

4.2 Differentials

a) A full-time employee assigned as a Lead shall be paid a premium of one dollar and thirty cents ($1.30) for hours paid. Employees temporarily working as a Lead will be paid Lead differential for hours working as a Lead only.

b) A night differential of ninety-five cents ($.95) will be paid to all employees for hours worked between 1800 and 0600.

4.3 Reporting and Call Back Pay

a) An employee who is scheduled and reports to work at the scheduled time without being notified not to report and who is subject to being sent home due to weather conditions, schedule changes, and/or flight cancellations shall be given two (2) 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.

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 two (2) 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, is called, and reports for work, shall receive a minimum of two (2) hours pay at his applicable rate.

4.4 Overtime

a) Time and one half will be paid for all time worked over forty (40) hours in a workweek. Only time worked will be used for purposes of computing overtime pay.

b) There shall be no pyramiding of premium on overtime pay and nothing in this Agreement shall be construed to require the Payment of premium or overtime pay more than once for the same hours worked.

c) 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.

d) The Company retains the right to approve and schedule all overtime to suit varying conditions of business as determined by the Company. Overtime shall be worked on a rotational basis based on primary qualifications and seniority.

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) The regular, but not guaranteed, workweek for full-time employees shall consist of forty (40) hours, five (5) days, and eight (8) hours per day. Work schedules may be changed by the Company to suit varying condition of business.

c) The regular part time employees are typically assigned to work weekends and holidays but may be assigned other shifts as mission dictates.

d) This section defines only the normal hours of work and shall not be construed as a guarantee of hours of work per day, or per week, or of days of work per week.

e) Nothing in this section shall be deemed to prohibit the Company from establishing a new and different workday or a new and different schedule of work within the workweek, in the exercise by the Company of its business judgment.

f) Nothing in this section is intended to detract from providing a normal eight (8) hour workday for full time employees.

g) Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The starting time of the various shifts will be as follows:

First Shift: Beginning at or after 0600 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 0600 hours.

h) The company shall make an effort to provide hours to part timers as equally as possible based on operational requirements. For known requirements, part timers shall be scheduled for half days or full days until such known requirements are fulfilled. At no time shall the spread of hours between part-time employees in the same job classification exceed eight (8) hours for known requirements unless due to employee’s request. A call in list shall be established for unknown requirements (i.e. benefit call in). The list shall have the most senior employee at the top moving down in line of seniority. If an unknown requirement occurs, part-time employees not currently at work shall be called in an effort to be offered the available hours. If part-time employee refused or if after two (2) attempts to call the employee (not to exceed thirty (30) minutes) the employee shall be deemed to have declined the work and shall be moved to the bottom of the list.

This procedure shall continue until the unknown requirement is filled.

Employees at work shall maintain their position on the rotational list.

i) 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 four (4) hours if possible but not less than two (2) hours before the start of the shift, unless extenuating circumstances apply.

j) Employees promoted or temporarily assigned to a job classification at a higher rate shall receive the higher rate immediately upon reporting to work in the higher classification.

4.6 Weekend and Holiday for regular and part-time employees:

Work will begin at or after 1000 and ends before 2300

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

b) While employees are expected to report to work at their scheduled time, an employee may clock in from one to five minutes late without it negatively affecting their pay. Accordingly, an employee who clocks out one to five minutes later than their scheduled departure time will not receive overtime payment. The foregoing shall not be considered as a limitation on the right of the Company to take disciplinary action for repeated or unexcused tardiness.

4.7 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) This pay method may change if during the duration of this Agreement a new payroll system is implemented.

c) Any employee laid off, terminated or voluntarily quitting will be paid in full, in accordance with Texas state law or on the regular pay day of the next pay period, whichever is sooner.

ARTICLE 5 PAID TIME OFF (PTO)/VACATION

5.1 PTO

a) Regular, full-time employees are eligible to start accruing PTO during their first pay period. Part-time and temporary employees are not eligible for PTO.

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 contractual work at NAS Corpus Christi.

c) PTO is earned every pay period and is available for use as the time is earned. However, PTO does not accrue on unpaid leaves of absence or paid leave longer than 90 days. Employees are encouraged to take PTO days within the year they are earned. Yet, each employee can accumulate up to the maximum amounts listed below for their years of service. Accruals are based upon paid hours up to 2,080 hours per year, excluding overtime.

Length of service 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 in which the employee’s anniversary date falls.

Years of Service

Accrual Rate per Pay

Period

Days/Weeks per

Year

Maximum Accrual*

< 1

3.846 Hours

12.5 Days / 2.5

Weeks

100 Hours

1 – 4

5.385 Hours

17.5 Days / 3.5

Weeks

140 Hours

5 – 9

7.692 Hours

25 Days / 5 Weeks

200 Hours

> 10

9.231 Hours

30 Days / 6 Weeks

240 Hours

*No PTO hours will accrue beyond the maximum accruals listed.

d) PTO will be computed at the employee’s primary straight time hourly rate at the time the PTO is taken.

e) Employee’s requests for PTO should be made in Company’s electronic timekeeping system forty-eight (48) hours in advance except in unforeseen circumstances or emergency situations then requests should be made at least two hours in advance. PTO requests must have documented approval of the Site Manager, or his designee, before such time is taken. Employee’s requests for PTO shall be approved or denied upon request and each employee shall receive a copy of such approval or denial upon request.

The Site Manager retains the right to change PTO under emergency conditions.

f) The maximum allowable request of PTO will be the amount of the employee’s unused PTO at the end of the payroll period immediately preceding the PTO period requested.

g) In accordance with the rest of this article, an individual’s PTO period may not be changed or amended without his/her consent except in cases of extreme emergency.

h) Only two employees will be scheduled for PTO at the same time.

Departments with only two (2) employees will be allowed only one (1) employee to be scheduled for PTO at the same time. The Site Manager, or his designee, based on extenuating circumstances may make exceptions. The Vehicle Mechanic shall not be counted as one of the two (2) employees scheduled for PTO.

i) When more than two (2) employees have requested to have the same days

PTO, the employee who has most recently taken three consecutive days or more within the last six month period will be denied. If this does not apply, the employees with more seniority will be approved for the time off. However, a less senior employee who has been approved for PTO cannot have the PTO bumped by a more senior employee.

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

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

l) If an employee’s PTO balance is zero (0) and he/she needs to take time off for an unpredictable or emergency situation, the immediate manager may advance and approve the employee a maximum of forty (40) hours of PTO. In the event an employee terminates employment for any reason with a negative PTO balance, the employee will reimburse Doss Aviation through payroll deduction for the unearned PTO time used as permitted by law.

m) Should an illness or injury require absence from work in excess of three (3) consecutive workdays, for treatment or convalescence, the company may require a certificate of fitness from a medical doctor prior to the employee’s return to work.

5.2 Vacation

a) Part-time employees do not schedule and take vacation time but, rather, receive a payout for their vacation time. Vacation payouts are done annually, the first pay period after their anniversary date. Vacation will be available to each regular part-time employee on a pro-rata basis of hours worked during the year based on the following schedule:

Employees who work 2,080 hours per year will accrue eighty (80) hours of vacation after one (1) year of service, one hundred twenty (120) hours of vacation after five (5) years of service and one hundred sixty (160) hours of vacation after thirteen (13) years of service. For example:

Employee Hours worked year prior

Vacation accrual rate

Calculation Vacation hours 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

b) For purposes of calculating vacation payout, length of service includes the whole span of continuous service with Doss Aviation, Inc. and the predecessor contractor, in the performance of the same contractual work at NAS Corpus Christi.

c) Regardless of the day of the month, service with the Company began, an employee will earn the aforementioned vacation on the first day of the month during which service began.

d) Vacation pay shall be computed at the employee's straight time hourly rate at the time the vacation is taken.

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, declared legal holidays which are reimbursable by the government will be paid to full time employees who are otherwise regularly scheduled to work.

c) Full time employees will be entitled to eight (8) hours holiday pay at their regular base rate of pay for each holiday. Regular part-time employees will be entitled to pro-rata holiday pay for holidays in accordance with this article, based on the number of hours each employee works the workweek prior to the workweek in which the holiday occurs.

d) Employees are not entitled to holiday pay for holidays that occur in a work week during which the employee does not have any hours paid.

ARTICLE 7 LEAVE 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.

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, 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 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.

d) The Company will grant a military Leave of Absence if an employee is absent from work because of serving in the U.S. uniformed services in accordance with the Uniformed Services and Employment and Reemployment Rights Act (USERRA). Advance notice of upcoming military service is required, unless military necessity prevents advance notice or it is otherwise impossible or reasonable. Upon receipt of orders, an employee must forward copies to the Site Manager. Reservist employees are requested to schedule their active duty period when possible with Company contractual commitments and workload in mind.

Generally, an employee will not be paid for military leave. One may, however, use any available accrued paid time off to help pay for the leave.

Seniority will continue to accrue while an employee is on a military Leave of Absence.

7.2 Voting

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) hour notice that time off to vote is needed.

7.3 Jury Duty

a) When employees are required to serve on jury duty or to report, for jury examination 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 will be expected to report to work if he/she was released from jury duty more than two (2) hours before the start of the shift. An employee working the third shift will not be expected to work on the shift prior to reporting for jury duty.

b) Employees will be required to provide proper documentation demonstrating time served.

c) Employees responding to a subpoena as a Company witness are considered to be on paid time.

7.4 Bereavement Leave

Employees may, in the event of the death of their immediate family member, take up to three (3) consecutive scheduled work days with pay to attend the services.

Immediate family member is defined as: 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 relations to include child, mother, father, brother, or sister. Approved time off will be with pay but will not be considered as time worked for purposes of overtime. Additional unpaid time off may be taken if written approval is obtained from the employee’s supervisor.

Proper notification must be given to the employee’s supervisor and approval received prior to payment.

a) Employees who must travel an extended distance greater than 600 miles will be granted one (1) additional paid bereavement day.

ARTICLE 8 HEALTH BENEFITS

8.1 Health Benefits

a) The Company will provide the National I.A.M. Benefit Trust Fund, a medical, dental, and vision plan to each bargaining unit employee for the duration of this agreement. The terms of coverage are described in Appendix B.

b) A separate Participation Agreement has been signed by the parties.

c) Any individual with TRICARE or spousal group coverage must show proof of insurance and sign acknowledgment. These individuals will not be required to participate in the I.A.M. Medical / Dental / Vision benefits.

d) Part time employees will not be eligible for benefits, but shall receive for all hours paid the amount of Health and Welfare money as designated in the applicable Wage Determination.

e) For any employee declining coverage said employee shall receive in the form of taxable income for all hours paid up to eighty (80) a pay period the amount of Health and Welfare money as designated in the applicable Wage Determination.

f) Employees on a leave of absence for a compensable injury (workers compensation) shall have their monthly premiums paid by the Company two full months following the date of the injury and subsequent loss of coverage.

Following the two months the Company has paid for, the employee shall be offered continuation of coverage by the I.A.M. National Trust Benefit (COBRA) in accordance with the appropriate rate. The employee must pay for continued coverage until eligible for benefits again.

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

ARTICLE 9 WEARING APPAREL

9.1 Wearing Apparel

Safety is of utmost importance to Doss Aviation, Inc. The Company will provide specialized safety shoes, equipment, and gear as required by State and federal safety and OSHA laws.

a) The Company shall provide an annual amount of one hundred fifty ($150.00) dollars per employee for the purchase of steel toes safety shoes. The one hundred fifty ($150.00) dollars shall be used to provide steel toes safety shoes for the entire year. Employees shall receive this one hundred fifty ($150.00) dollar boot allowance the first (1st) full pay period in October.

9.2 Uniforms

a) Eleven shirt and pant sets will be provided to full-time employees and seven shirt and pant sets will be provided to part-time employees. Uniforms will be provided and replaced on an as needed basis.

b) Rain gear will be issued for each employee.

c) The Company will provide laundering service for uniforms.

d) Terminated employees will be required to return all uniforms.

e) Employees will pay for lost/destroyed uniforms.

f) Five t-shirts will be provided to full-time employees and three t-shirts will be provided to part-time employees. The employees will be responsible for laundering their t-shirts.

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 performance work statement, state and federal regulations, including the Occupational Safety and Health Act of 1970, as amended, in regard to safe and healthful working conditions at Corpus Christi Naval Air Station.

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 during such times as the Company may designate.

10.2 Hearing Tests

It is agreed during the life of this Agreement; the Company will provide hearing tests in conjunction with DOT Physicals every two years for all employees who are required to maintain a CDL for their job.

10.3 Productivity and Efficiency

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 work 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 Corpus Christi, NAS 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 and one who is re-employed after a break in his seniority shall not acquire any seniority under this Agreement until the expiration of sixty (60) days of continuous service following employment. If such employee shall be continued in the employ of the Company after the expiration of said 60-day period his seniority shall be computed from the last date of hire in accordance with the applicable provisions of this Agreement. Any separation of employment during said 60-day probationary period shall not be made the basis of a claim or grievance of the Company and there shall be no obligation to redeploy 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 cause.

4) Failure to accept recall from layoff within five (5) working days after receipt of certified mail.

5) Layoff without recall to work after twenty-four (24) 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 twenty-four (24) months.

7) Transfer to a position outside the bargaining unit.

11.2 Seniority Lists

Upon request, 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. The Company shall post such list on a Company bulletin board. Any employee may contest the accuracy of the seniority list; and if an error is established, a correction shall be made.

11.3 New Classifications/ Vacancies

a) When a vacancy occurs in an existing classification or shift, they will be posted for bid among senior employees in the bargaining unit for a period of seven (7) days (excluding weekends and holidays). Such notice shall state classification, rate of pay, shift, number of openings available, and the date and hour the bidding shall be closed. Any senior employee desiring to be considered for the position shall apply online.

b) When a new in-unit job classification is established by the Company, the

Company shall determine the job description and the rate of pay. The Company will immediately furnish the Union with a copy thereof. In the event 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.

1) Should the Union not agree it will state its position. The Company and the

Union shall then attempt to reach an agreement. If no agreement can be reached the Union may process the grievance under the grievance and arbitration procedures.

2) If the grievance is processed, 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 Corpus Christi, TX

c) Classification or Shift Vacancies will be filled by the senior qualified employee(s), as determined by the Contract and the Company. Employees in a probationary period or on a performance improvement plan are not eligible for transfers/promotions. Employees selected will be notified within twenty-four (24) hours of the close of bidding. If no employee(s) bids on the opening, the least senior employee(s) in the classification will be assigned.

d) All transfers or promotions become effective ten (10) working days after the employee starts work in the new assignment.

e) Employees prevented from bidding for jobs by reason of vacation, sickness or accident can be notified by the shop steward of postings within twelve (12) days of postings.

f) The successful bidder will be given twenty (20) working days to successfully perform the operation. In the event an employee cannot demonstrate aptitude to perform a newly assigned job within twenty (20) working days, 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 thirty-seven (37) 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.

11.4 Provisions Against Discrimination

a) The Company and the Union agree that there shall be no discrimination by the

Company or the Union against employees because of race, color, religion, national origin, sex, protected status, age, union affiliation, veteran status, marital status, because of a disability or sexual orientation.

ARTICLE 12 LAYOFF and RECALL

12.1 Layoff and Recall

The following procedure shall, be followed in layoff and recall:

a) The Company will first terminate all probationary employees after which the least senior regular part-time employee(s) in the classification(s) affected will be laid off.

b) The Company will then lay-off the least senior employee in the classification(s) affected.

c) Such employees' may then displace a less senior employee in any equal or lower job classification; provided the employee meets the minimum job qualifications.

d) If an employee is unable to displace any employee as provided above, the employee- shall be placed on layoff.

e) Laid off employees shall be recalled in reverse order, that is, the most senior qualified being recalled first.

f) In the event of a lay-off, the Company will give affected 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 bulletin boards to be used for the legitimate business interests of employees as follows:

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) Any other notice shall be specifically approved in writing by the Site Manager or his designee.

b) It shall be the responsibility of the shop steward to post authorized notices and such notices shall include only those specified above. The shop steward shall obtain permission from the Site Manager or his designee immediately prior to posting such notices. Such notices shall have suspense dates and be removed accordingly by the shop steward.

c) The Company will provide a reasonable size bulletin board for Union use in the break room.

ARTICLE 14 UNION SECURITY

14.1 Dues Authorization Card Dues

Shall Be Remitted To:

Aeronautical Industrial District Lodge 776

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS

7711 CLIFFORD STREET

FORT WORTH, TEXAS 76108-1899

The authorization for deduction of check-off dues is as follows:

ARTICLE 15 UNION SHOP STEWARDS

15.1 Union Shop Stewards

a) One shop steward shall be determined by the Union for each shift. The shop stewards shall be employees of the Company. The shop steward on first (1st) shift shall be the Chief Steward.

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 the financial secretary and shop stewards. Such list shall designate the shift each steward is assigned. Thereafter the Union shall notify the Company promptly in writing of any changes, and the Company shall not be obligated to recognize of deal with the financial secretary or shop stewards 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 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 Site Manager or his designee. If necessary, the shop steward shall remain working until a reasonable amount of time until another employee relieves him of his duties.

d) Stewards will not solicit grievances, however 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.

e) The Company will allow each new employee up to thirty (30) minutes, within the first 5 days of employment, time to meet with the Shop Steward.

15.2 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 Project Manager or his designee in advance.

b) The Company will make available to the Business Representative or his designee, as may be reasonable and lawful, copies of employee records or other information which may be necessary in the proper investigation of a grievance or complaint.

ARTICLE 16 GRIEVANCE AND ARBITRATION

16.1 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 Site Manager within ten (10) working days after the Union or the employee knew or was informed of the occurrence or the condition upon which the grievance is based. The failure to submit a grievance within such period shall- constitute a bar to further action thereon. All grievances shall be reduced to writing and processed in accordance with the following procedure.

16.2 Complaint

a) An employee, either directly or through their shop steward, may verbally present a complaint to the Site 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, and provided the shop steward has been given an opportunity to be present.

16.3 Grievance

a) Step 1: Between the Project Manager of the activity, or the Company's designated representative, the employee and the Shop Steward or the Union's designated representative. The Site Manager will make a reply in writing not later than ten (10) working 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) working day 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. The Company shall make a reply in writing not later than ten (10) working 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) working days following receipt of the Step 2 reply.

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

16.4 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.

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. The right to strike the first name shall be determined by lot.

d) The parties agree that the decision of the arbitrator shall be final and binding on each of the parties and they will abide thereby. The authority of the arbitrator shall be limited to determining questions involving the interpretation or applications of specific provisions of this Agreement, and no other matter shall be subject to arbitration hereunder. The arbitrator shall have no authority to add to, subtract from, or to change any of the terms of this Agreement, or change an existing wage rate. Each party shall bear the expense of preparing its own case.

The arbitrator's fees and expenses shall be shared equally between the parties.

ARTICLE 17 STRIKES, SLOWDOWNS, WORK STOPPAGE,

LOCKOUTS

17.1 Strikes, Slowdowns, Work Stoppage, Lockouts

During the period of this Agreement, there shall be no lockouts, strikes, sympathy strikes, stoppages, slowdowns, picketing, or other interference with the operation of the Company.

ARTICLE 18 PENSION PLAN

18.1 Pension Plan

a) The Company shall contribute to the IAM National Pension Fund; National

Pension Fund Plan B, for all employees covered by this Agreement.

1) Tw o d o l l a r s a n d f i v e c e n t s ( $ 2 . 0 5 ) per hour effective October 1, 2016

2) Tw o d o l l a r s a n d t e n c e n t s ( $ 2 . 1 0 ) per hour effective October 1, 2017

3) Tw o d o l l a r s a n d f i f t e e n c e n t s ( $ 2 . 1 5 ) per hour effective

October 1, 2018

b) The Company shall make contributions based upon a forty (40) hour week.

c) The Company shall commence contributions for new employees at the completion of the employee's probation period, but no later than sixty (60) calendar days after date of hire. The IAM Lodge and the Employer adopt and agree to be bound by, and hereby assent to, the Trust Agreement, dated May 1, 1960, as amended creating the IAM National Pension Fund and the Plan rules adopted by the Trustees of the IAM National Pension Fund in establishing and administering the foregoing plan pursuant to the said Trust Agreement, as currently in effect and as the Trust and Plan may be amended from time to time.

d) The parties acknowledge that the Trustees of the IAM National Pension Fund may terminate the participation of the employees and the Employer in the Plan if the successor collective bargaining agreement fails to renew the provisions of the pension Article or reduces the Contribution Rate. The parties may increase the Contribution Rate and /or add job classifications or categories of hours for which contributions are payable.

e) This Article contains the entire agreement between the parties regarding pensions and retirement under this Plan and any contrary provision to this Agreement shall be void. No oral or written modification of this Agreement shall be binding upon the Trustees of the LAM National Pension Fund. No grievance procedure, settlement or arbitration decision with respect to the obligation to contribute shall be binding upon the Trustees of the said Pension Fund.

ARTICLE 19 COMMERCIAL DRIVERS LICENSE

19.1 Commercial Driver’s License

a) The Company will pay for the CDL license renewal to include background checks required by the Government or issuing agency, drug/alcohol testing and CDL physical and hearing tests for employees.

Employees will provide receipts to the Company in order to receive the reimbursement. All reimbursement to employees will be no later than 30 days after submitted to the Accounts Payable department at the home office. The Site Manager will ensure that the receipts are submitted to the home office in a timely manner.

b) If a part-time employee holds another job that requires a CDL, the Company will pay fifty (50) percent of the renewal cost for the CDL or any CDL renewal related costs.

Employees will provide receipts to the Company in order to receive the reimbursement. All reimbursement to employees will be no later than 30 days after submitted to the Accounts Payable department at the home office. The Site

Manager will ensure that the receipts are submitted to the home office in a timely manner.

ARTICLE 20 DRUG and ALCOHOL POLICY

20.1 Drug and Alcohol Policy

It is the intent of the Company and Union to maintain a drug and alcohol free work environment Therefore, employees will be subject to pre-employment as well as periodic drug and alcohol testing. All testing will be in accordance with current Department of Transportation regulations. Violation of the Company's Drug/Alcohol Policy contained in the Company Handbook, as amended from time to time, will be grounds for termination of employment.

ARTICLE 21 RULES/DISCIPLINE/DISCHARGE

21.1 Rules/Discipline/Discharge

The Company has adopted reasonable rules of conduct, as outlined in the Company Handbook.

a) Written warning and performance improvement plans will be maintained in employee’s personnel files indefinitely; however, they will not be used for progressive discipline after twelve (12) months as long as the employee has not been disciplined in that twelve (12) months.

b) Records of suspension will be maintained in an employee’s personnel file indefinitely; however, they will not be used for progressive discipline after eighteen (18) months as long as the employee has not been disciplined in that eighteen (18) months.

c) It is understood and agreed that any disciplinary action issued to an employee by the Company shall be issued within ten (10) business days following knowledge by the Company of the occurrence of the alleged violation(s). The above specified time limit may be extended by mutual written agreement of the parties.

d) When a reoccurrence of a prior disciplinary action occurs, the prior action will remain in the file until the most recent action reaches its expiration.

e) Shop Steward or employee are responsible for tracking the time frames for removal of disciplinary actions and notifying management when removal is necessary.

ARTICLE 22 LEGAL WAIVERS

22.1 Legal Waivers

The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent for any further waiver of such breach or condition.

22.2 Effect on Law

If any provision of this Agreement is in violation of the law, the parties will meet within 60 days to discuss modifying the provision for compliance.

ARTICLE 23 EXCLUDED MATTERS

23.1 Excluded Matters

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

Therefore, the Company and the Union each, for the life of this Agreement, agree that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement.

APPENDIX A JOB DESCRIPTIONS

JOB TITLE: Fuels Dispatcher

REPORTS TO: Site Manager/Assistant or Lead Supervisor

Summary: Dispatch drivers to perform refuel/defuel of aircraft and other facilities as required for NASCC mission support: Operates FAS computer system to record all transactions. Updates FAS system as required for training, vehicle status and fixed fuels systems. Completes inventory, sampling, and testing inputs into the FAS system.

Scope of Work: The Fuels Dispatcher will report to an assigned lead supervisor and will perform all fuel aspects of the NASCC fuels services operations. All work assigned will be completed within approved procedures. Controls all fuel movement and dispatches drivers to perform refueling/defueling operations. Must be familiar with dispatch log.-,, radio communications, instruments/regulations pertaining to defueling/refueling in support of NASCC. Requires proficiency in all documentation required by Government and Doss Aviation, Inc. Must demonstrate a high degree of familiarity with the airfield and aircraft parking locations and other areas requiring fuels support. Performs other tasks as required.

Qualifications: Must be able to read and write English and follow established procedures_ High School Diploma or equivalent. Must have one-year experience as a refueling driver. Familiar with tools, equipment, regulations and safety procedures for the accomplishment of assigned duties. Must be familiar with refuelers and fuel systems to observe and record instruments and record any discrepancies noted. Able to comprehend basic math concepts (add, subtract, multiply, and divide in all units of measurements). Complete inspection reports and-comprehend instructions. Must be familiar with government and company forms in the performance of assigned duties.

Drivers must have a knowledge and understanding of tasks associated with a fuels operation. Must pass competency test and annual recertification.

Physical Requirements: Pre-employment and random drug screening, confined space physical and hearing test are mandatory, if required. Must be able to pass FISC background check.

JOB TITLE: Driver

REPORTS TO: Site Manager/Assistant or Fuels Dispatcher

Summary: Operates Refueler/Defueler to refuel/defuel a variety of aircraft and facilities. Performs vehicle checks and documentation. Performs operator and preventative maintenance as required. May be required to assist with mechanical repairs as needed. Works outside in all climatic conditions. Performs ground maintenance on assigned areas.

Scope of Work: The Driver will report to the on duty dispatcher and will perform all fuel aspects of the NASCC fuel services operations. All work assigned will be completed within approved procedure. Driver will perform safe and efficient operations of fill stand procedures, and mobile distribution systems. Individual is responsible for safety and environmental compliance during refueling/defueling operations. Individual will operate in an environment with fluctuating workload based on the quantity of fuel required to satisfy aircraft sortie missions. The position includes performance of the following:

inspecting fuel systems, vehicles, documents, and reporting and repair defects or…