CBA 2019-12964.pdf

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2019-12964 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 12/04/2019 State: Florida

Area: Bay

Employed on DEFENSE LOGISTICS AGENCY (DLA) contract for Fuel Services.

Collective Bargaining Agreement between contractor: Hammer Inc., and union: International Association of Machinists & Aerospace Workers Local 75, effective 04/01/2018 through 03/31/2021.

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

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6/16/2020https://beta.sam.gov/wage-determination/cba/agreement/66323/document

AGREEMENT

Hammer Inc.

TYNDALL AFB PANAMA CITY, FLORIDA

And Its

EMPLOYEES

REPRESENTED

By

INTERNATIONAL ASSOCIATION OF MACHINISTS & AER-

OSPACE WORKERS

April 1, 2018 - March 31, 2021

Table of Contents

Article Page

Preamble 4

1) Intent and Purpose 4

2) Rights of Management 5

3) Union Recognition 5

4) Union/Agency Shop and Dues Check off 6

5) Stewards 7

6) No Strikes and Lockouts 8

7) Government Security and Responsibility 8

8) Seniority 9

9) Non-Bargaining Unit Personnel 11

10) Hours of Work/Shift Assignments 11

11) Overtime 13

12) Wage Rules 13

13) Holidays 14

14) Personal Time Off 15

15) Leaves of Absence 18

16) Health & Welfare 19

17) Promotions, Vacancies and Transfers 19

18) Reduction and Restoration of Forces 20

19) Discharge and Discipline 21

20) Grievances Procedures 22

21) Arbitration 23

22) Bulletin Boards 24

23) General 24

24) Health, Safety and Environment 26

25) Information Provided to Union 27

26) Business Reps and Union Officials 27

27) New Technology 28

28) Pension 28

29) MNPL 29

30) Jury Duty/Bereavement Leave 29

31) Military Leave 30

32) Duration 33

Appendix A – Wages 32

Appendix B – Position Descriptions 33

Appendix C – Machinists Custom Choice Worksite Benefits Program 43

PREAMBLE

This Agreement is effective April 1, 2018 by and between Hammer Inc. at Tyndall AFB Fuels hereinafter referred to as the "Company", and District Lodge No. 75 of the International Associa-tion of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union".

ARTICLE ONE

INTENT AND PURPOSE

(1) Each of the parties has complied with any obligations to bargain and has fully explored all subjects and matters material to the relationship between the parties. In negotiating and agreeing to this contract, all matters not specifically set out herein are expressly eliminated as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining, unless the parties mutually agree otherwise.

(2) This agreement can only be modified by a document in writing signed on behalf of both parties hereto by their duly authorized representatives. Any such document will only pertain to clarifying the interpretation and understanding of specific agreements of this CBA, and will be sent to the workforce by the Company within 10 workdays after signing. Any other modifications to the CBA will require ratification by the majority of the Company workforce.

(3) It shall be the duty of the Company and Union and its representatives to comply with and abide by all of the provisions of this Agreement. The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such con-dition or breach.

(4) The Union recognizes that the company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor. Nothing in this Agreement is intended nor will any provision of this Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union recognizes that the Government may impose various legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet and comply with such rules and regulations.

Any Legal and/or lawful demands or obligations that the Government imposes on the Company, will be provided to the Union. The union recognizes the Company management will appoint Designated Key personnel Accountant, Laboratory Technician and Cryogenics Technician if posi-tions are available. When vacancies are available individuals may bid on vacant key positions based on seniority and experience. Vacancies will be filled based on Article 17.

(5) Should any provision or provisions of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, law, government regulation or by rea-son of any decree of a court of competent jurisdiction, such invalidation of such provision or pro-visions of this Agreement shall not invalidate the remain portions hereof and the said remaining portions shall remain in full force and effect. In the event of such invalidation, the parties shall meet at a mutually agreeable time within thirty (30) calendar days to negotiate substitute provi-sion(s) for such provision(s) rendered or declared invalid. Such negotiations shall be restricted and limited to determining substitute provision(s) for the same subject.

(6) Further it is the mutual intent of the parties to promote to the fullest the efficiency of the operation and production of the employees; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions.

(7) It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said condi-tions; and to provide a fair and prompt grievance procedure for the peaceful settlement of employ-ee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

(8) It is further agreed that current and future position descriptions and qualifications, for all job classifications contained in Appendix A, have or will, be developed by the Company and submitted for review and recommended changes/approved by the Union within 30 days after ratification of this agreement.

ARTICLE TWO

RIGHTS OF MANAGEMENT

(1) Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue poli-cies, practices, and procedures for the conduct of the business; to select, hire and direct the work-ing force; to establish and determine qualifications; to maintain the efficiency of the operation; de-termine training requirements; establish, eliminate, change, or combine work schedules; determine workforce strength and work assignments; and restructure as required; which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, termi-nate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or oth-erwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business and to fully satisfy contractual obligations associated with the mission at Tyndall AFB. “Practices” are those practices that are relevant to the application of the Agreement and must be clearly identifia-ble, repeated over a sustained time period and affect a group rather than an individual.

(2) The Company’s failure to exercise any right, prerogative, or functions hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not constitute a waiver of the Company’s right to exercise such right, prerogative, or function pro-vided that the exercise of such rights shall not violate any provision of this Agreement.

(3) It is understood and agreed that any of the powers and authority the Company had pri-or to the signing of this Agreement are retained by the Company except those specifically modified delegated or granted by this Agreement.

ARTICLE THREE

UNION RECOGNITION

The Company recognizes the Union certified by the National Labor Relations Board on

December 4, 2002, (Case No. 15-RC-8401) as the exclusive representative of all fuels employees stipulated in the Board’s Certification of Representation who are employed at Tyndall AFB, Pana-ma City, Florida facility and any additional job classifications that may be added in accordance with the provisions of this Agreement.

ARTICLE FOUR

UNION/AGENCY SHOP AND DUES CHECKOFF

(1) All employees covered by this agreement shall, as a condition of continued employment with the Company and unless prohibited by law, become and remain members in good standing in the Union or pay applicable agency service fees to the Union, but not both, within thirty (30) days following the end of their 90 day probationary period. An employee shall not be subject to this Ar-ticle Four until completion of the probationary period, at which time an employee shall become subject to all provisions of this Article Four.

(2) The Union will provide the Company with the following information concerning Union Dues or Agency Service fees:

a) Current dues/fees rate to be charged to the Employees;

b) When Union dues/fees rates are increased or decreased the Union shall notify the Company 60 days in advance of the date that the new dues/fees will become effective.

(3) During the duration of this Agreement, the Company, as permitted by State and Federal law, shall deduct out of the current net earnings payable to an Employee covered by this Agree-ment, applicable Union/Agency Fees, initiation fees and reinstatement fees, upon receipt of a de-duction authorization, executed and delivered to the Corporate Fuels Officer’s office by the Em-ployee, on a form agreed to by the Company and the Employees or it’s representative, and shall continue deductions until authorization is revoked by the Employee. The Corporate Fuels Of-ficer shall stamp and date the form and furnish the employee a copy for his / her records. Failure to authorize Dues or applicable service fee deductions does not relieve Employees from the Agen-cy Shop obligation.

(4) Deductions from money due the Employee shall be made from the net earnings due the Employee payable on the regular payday for the first full pay period in each month, provided the Company has received such authorization from the Employee by the fifteenth (15th) day of the preceding month in which such deductions are made. There shall be only one remittance per month by the Company.

(5) Deductions shall be remitted to the IAMAW not later than fifteen (15) days following the regular payday for the first full pay period in each month providing the Employee has submit-ted the approved authorization form by the 15th calendar day of the previous month. The Com-pany shall furnish to the IAMAW and District Lodge No. 75, a list showing those members for whom deductions have been made and the amount thereof.

(6) Any Employee within the bargaining unit who is required to contribute to the Union and who is transferred or promoted out of the bargaining unit or laid off, shall not be subject to any provisions of this Section during the time the Employee remains outside the bargaining unit or on layoff. Employees placed on short or long term disability are responsible for notifying the IAM Local 449 Secretary-Treasurer immediately. Dues or agency fees may be reduced during time out on disability.

(7) Notification that an employee has failed to comply with any provision of this Article Four shall be provided by the Union, in writing, via certified mail, return receipt requested. The Union shall provide the employee with a copy of said notice. The Company will within fourteen

(14) calendar days after receipt of notice from the Union and unless prohibited by federal or state law, terminate any Employee(s) who is not in good standing in the Union or Employee(s) who do not pay applicable Agency Service Fees as required by this Article Four. Termination procedures under this paragraph (7) shall not be deemed as a disciplinary action.

(8) Employees may handle the matter of payment of Union initiation fees/dues directly with the Union. In cases where deductions are made from those who have already paid Union ini-tiation fees/dues, the Union will make refunds directly to such employees.

(9) Any dispute arising out of the interpretation or application of this Article, when re-duced to writing as a grievance, shall be subject to the Grievance Procedures by initially referring the grievance to Step Three.

(10) The Union shall indemnify and save the Company harmless against all liability that may arise as a result of action taken by the Company for the purpose of complying with all provi-sions of this Article Four.

ARTICLE FIVE

STEWARDS

(1) The Company agrees to recognize the Steward duly authorized by the Union to repre-sent those employees covered by the terms of this Agreement.

(2) For the purposes outlined above, the Union agrees to supply the Company in writing, on whom the steward shall be. The Company will provide this information to the Corporate Fuels Officer having authority over employees covered by this Agreement.

(3) Subject to other provisions of this Article, reasonable and necessary time, during work hours, shall be authorized without loss of pay or benefits to permit the Steward to carry out re-sponsibilities to the employees in the unit.

(a) If mission requirements dictate that employees must return back to work, the Cor-porate Fuels Officer will ensure that additional time-frame is re-scheduled for the Steward to carry out responsibilities

(b) If the requested time frame is not conducive for immediate support; the Corporate Fuels Officer shall promptly establish an alternate time frame for the Steward to carry out those necessary responsibilities

(4) Recognizing the mutual benefit of resolving problems at the lowest level, employees who have a complaint or grievance may discuss the matter with their Steward. The necessary time away from the Steward’s official work assignment shall be scheduled as far in advance as practical to minimize interruption of workflow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a bargaining unit employee and/or management official, the Steward shall request permission from their Corporate Fuels Officer to leave their work location.

The Steward will contact the Corporate Fuels Officer before attempting to contact any employee.

In each instance, the Corporate Fuels Officer’s permission will be granted promptly unless com-pelling work commitments dictate otherwise. If permission is denied, the Corporate Fuels Of-ficer will promptly establish an alternate time for the Steward to contact the employee.

(5) The scope of the Steward on Company time shall be limited to the following activities:

a) To consult with an employee regarding a question concerning this Agreement, com-plaint, or grievance for which the employee desires a Steward to be present.

b) To investigate an alleged grievance or grievance of record before presentation to the appropriate level noted in the Grievance Procedure of this Agreement.

c) To present an alleged grievance or one of record to an employee’s supervi-sor/manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d) To meet with the appropriate level of the Company following the Grievance Proce-dure.

(6) When an employee is subject to discipline or interrogation that may lead to discipline, as determined by the employee, the employee may request the presence of the Steward. The Company will not only honor such requests, but will initiate the action of affording said represen-tation before the discipline or interrogation actions begin.

(7) The Steward shall be empowered to adjust employee grievances occurring under his/her jurisdiction as deemed appropriate to meet the requirements of the Grievance Procedure, so long as the direct intent of the grievance is met.

(8) The Steward shall be an employee of the Company and shall be selected from among the bargaining unit they represent.

ARTICLE SIX

NO STRIKE AND LOCKOUTS

(1) It is expressly understood and agreed that the business of the Company is directly relat-ed to the important and vital work of the United States Government and Tyndall AFB and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this agreement:

(a) The Union (its officers, agents and members) collectively agree that it shall not au-thorize, cause, engage in, sanction or assist, nor permit its members to cause, nor shall any member of the Union take part, in any work stoppage, strike or slowdown of opera-tions that impact this. The Company shall not resort to lockouts.

(b) In the event of a violation of this Article, the Union agrees that it shall use its best effort to immediately end such prohibited conduct, utilizing every possible means, in-cluding but not limited to:

1) Immediately notifying employees through personal contact or meeting that they comply with the Agreement and cease any prohibited conduct.

2) Immediately notifying those violating this Agreement to promptly return to work and/or otherwise fully comply with the terms of this Agreement.

(2) Any employee found guilty of violating this Article is subject to disciplinary action, in-cluding discharge. Employees will have right to grievance procedure.

ARTICLE SEVEN

GOVERNMENT SECURITY AND RESPONSIBILITY

(1) The Union recognizes that the Company may now have, or may incur in the future, ob-ligations with respect to the security of information and materials under contract with the Gov-ernment. The Union agrees that nothing contained in this agreement shall place the Company in violation of security requirements with the Government.

(2) It is understood by and between the parties hereto that, as a necessary condition of em-ployment, employees shall be subject to investigation for security clearances, special access re-quests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States government on government work. Failure to apply, maintain or gain a security clearance and/or the denial or permanent loss of required clearances and unescorted entry authorization by such governmental agency may be cause for release from the Company, due to inability to meet job requirements.

(3) It is understood that there shall be no liability on the part of the Company, or the Un-ion, for any release growing out of the denial of clearance and/or unescorted entry authorization by the United States Government and or non-receipt of a required clearance. The company will provide to the Corporate Fuels Officer and employee with a termination letter stating that the clearance was denied. The employee will be provided with the address to contact the Office of Personnel Management for a release of information.

(4) The Company will reinstate the seniority of an employee whose denied security clear-ance is reinstated by the Federal Government provided, such reinstatement occurs within two (2) year from the original date of denial. An employee may submit a written request to extend such one year time limit and the merits of such request shall be decided by the Company. The one year time limit shall only be extended by mutual agreement between the Company and the Union. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

ARTICLE EIGHT

SENIORITY

(1) Seniority shall be defined as the relative ranking of bargaining unit Employees. Seniority is further defined as the length of continuous service with the Company and any past, present and future contractors to the existing CBA at Tyndall Air Force Base. The original date of hire shall be used to compute this listing, based on the following rankings: First day of employment within the fuels terminal, Full-time employees and part-time employees. Employees changing status to full time employment will have a full time hire date as of the full time employment date and be placed on the seniority roster with a new hire date. The last four digits of the individuals’ Social Security Numbers will determine similar dates of hire, with the lowest number having the most seniority.

Seniority will be used when offering additional training to employees in the respective job classifi-cations.

(2) Principle of seniority: The principle of seniority shall be used to establish the first right of opportunity / refusal to be granted to the most qualified senior employee. Except as otherwise provided in this Agreement, the principle of seniority shall be applied to promotions within the bargaining unit, the filing of long and short term vacancies; transfers, reductions and recall within each job classification, as well as, choice of vacation periods during the yearly initial scheduling of va-cation.

(3) Probationary Period: All employees shall be considered probationary employees for the first 90 days of active employment. Upon completion of this probationary period the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment.

Supervisory determinations as to retention, reassignment, or termination during this probationary period are not subject to the Grievance and Arbitration Articles of the CBA. All current employees with continuous service will not be subject to a probationary period. This provision only applies to actual new hires to positions covered under the CBA. It does not apply in situations where current active employees and hired from other contractors or sub-contractors performing work covered under this CBA whose employment is or has been continuous.

(4) Seniority List: The Company shall prepare and maintain, subject to examination and correction by Union representatives, a Seniority List consistent with Article 25 of this Agreement (Information to Union). The Steward shall be provided with a copy of the seniority lists and shall be notified of all changes. Each Employee shall have the right to timely protest any error in his seniority status.

(5) Seniority Termination: Seniority of employees will be terminated under the following conditions:

a) Discharged for just cause.

b) Resignation.

c) Failing to respond to recall within the time frame established within Article 18 (Re-duction & Restoration of Forces) of this Agreement.

d) Failing to be recalled from lay-off within twelve (12) months after such lay-off. A one-time six (6) month extension may be granted provided that a written request is re-ceived by the Company within thirty (30) days prior to expiration of the 12-month pe-riod. The Company shall consider each request on a case-by-case basis and shall issue a decision within 15 days of receipt of the request.

e) Failing to report for work upon expiration of an approved leave of absence.

f) Failing to comply with the provisions of Article Four, paragraph (7) of the Un-ion/Agency Shop.

(6). Lead Positions: The Company shall designate certain bargaining unit positions as Lead posi-tions in Appendix A. Lead positions are working personnel, who perform the very same work as the personnel they lead. They also provide technical oversight to other personnel within their job or related classification. Technical oversight includes, but is not limited to, the following types of tasks: establish work assignments, monitor and critique quality of work performed, provide technical assistance, disseminate information, conduct briefings, instruct, train, conduct HSE checklists, provide evaluation inputs to supervisors, etc. Lead personnel will not work rotations, weekend and holiday duties, etc. in the same manner as all other employees in the same job or related classification. In the Lead’s absence, management will replace the lead with another employee in the area. When selecting the new lead, the Company will utilize seniority in selecting the qualified senior individual to perform in his/her capacity. The selection and displacement of personnel for such positions will be in accord-ance with the applicable provisions of this agreement, except that:

a) A person who has not completed their probationary period shall not be permitted to work a Lead position if a qualified bargaining unit employee is available.

b). Lead personnel may be selected from the two (2) most qualified senior applicants.

c) Employees shall have bumping rights to any Lead position.

d) During a reduction in force:

1)Lead personnel shall not be laid-off until all bargaining unit employees with less seniority have been displaced.

2)The preceding paragraph (a) shall not apply in a case in which the Lead position itself is being reduced.

ARTICLE NINE

NON-BARGAINING UNIT PERSONNEL

(1) Management/Supervisory personnel and/or highly specialized personnel, including manufacturers’ technical representatives and instructors/trainers may perform work of employees covered by the Agreement under the following conditions:

a) Under emergency conditions, as defined to mean any unforeseen combination of circumstances that requires immediate action.

b) When required to maintain their personal qualifications and proficiency or when re-quired for certification.

c) For the purposes of instructing and training employees or when bargaining unit em-ployees lack the technical ability to perform the work required.

d) During Government directed exercises.

(2) Nothing in this Article is intended to avoid paying overtime, or to avoid paying wages for a higher classification, or to displace a bargaining unit employee.

ARTICLE TEN

HOURS OF WORK / SHIFT ASSIGNMENTS

(1) The standard workday will consist of twenty-four (24) consecutive hours beginning at 12:01

AM and ending 12:00 Midnight. The normal workday for each shift shall consist of eight hours, exclu-sive of a half hour lunch period. The Union and the Company mutually agree that in order to fully meet the company’s contractual obligations with the Government, the Company may from time to time be required to temporarily alter the hours and/or days associated with the shift preferences selected by the employees in September and March and posted 1 October and 1 April. Shift scheduling will not be af-fected by unfilled positions. Employees will be returned to their normal shift at the earliest opportunity when workload permits. Lunch periods may be waived provided the Manager and employee agree.

Full-Time – an employee who works 32-hours a week or more on a regularly scheduled basis

Part-Time – an employee who works less than 32-hours a week

The Parties agree that full-time employees be scheduled no less than a thirty five (35)-hour work week.

(2) The standard workweek consists of five (5) consecutive days beginning Monday through

Friday from 7 am to 4 pm each day. Nothing in this Agreement shall be construed as a guarantee of eight (8) hour’s work per day or forty (40) hours per week. Work schedules will be based on mis-sion requirements. No employee will be mandated to work, less than the amount of regular hours schedule for the week for a short notice schedule change that did/does not require the employee to work the designated time on his previous posted schedule prior to the short notice change (I.E…barge off loads; and emergencies).Weekly work schedules will be finalized and posted the Thursday prior to the next scheduled work week. If work is required beyond the employees scheduled hours, manage-ment will ask employees on shift to remain to perform such work. If sufficient work force is not willing to remain management will perform the necessary work IAW Article 9.

(3) The Company will provide, no less than, two (2) fifteen (15) minute rest periods per eight (8) hour shift to each employee. Employees required to work beyond the end of their shift shall be entitled to a rest period at the beginning of the extra hours. Employees scheduled to work two (2) or more hours of overtime shall be entitled to a ten (10) minute break period prior to the start of the overtime period and an additional ten (10) minute break period each additional two (2) hours.

(4) The Company and the Union agree to the principle that shift preference should be given to senior employees in each classification within Fuels to the extent possible, except during government directed contingencies and exercises, while maintaining the necessary skill & qualification levels for each shift as determined by the Company. Employees will be allowed twice a year during the months of March and September to request a shift preference. The Company will review the requests and the approved shift change will take effect on the first workday in April and October. The Com-pany will endeavor to honor shift assignment requests as scheduled. If conflicts exist, the Manager shall make final adjustments to meet operational requirements.

a) A Shift (Dayshift M-F) will be recognized as the hours worked between 0700- 1600hrs.

b) Afternoon Shift (M-F) will be recognized as the hours worked between 1200-2000hrs.

c) B Shift (Nightshift M-F) will be recognized as the hours worked between 1400-

2400hrs.

d) This provision will only be effective when multiple shifts exists and required by the

Government.

(5) Employees who do not receive their shift preference will be given preference during the next shift change period without regard to seniority. To reduce the stagnation and complacency the Compa-ny acknowledges the advantages of the periodically rotating employees into other areas of Fuels work and will consider and accommodate employee requests for transfers into the areas of FSC, Storage, Tank Farm and Operator Maintenance as mission requirements allow. The Company Management will rotate personnel into specific sub-job area of duties as required for training and qualification pur-poses. These specific job areas if required by the Company’s contract with the Government are Fuels

Service Center, Tank Farm, Storage, Cryogenics (Lox), Lab, QC&I and Operator Maintenance, provid-ing that no additional cost to the company is incurred, e.g., cost of formal SEI or technical schools.

a) This provision will only be effective when multiple shifts exists and required by the

Government.

(6) Employees have the option to have at least a ten (10) hour rest period if their normal sched-uled shift is within eight (8) hours of the finish of their last shift, except during Government directed or other mission essential contingencies and exercises.

(7) No employee will be scheduled to work beyond a 12-hour shift, except under severe or emer-gency conditions or other mission essential contingencies.

ARTICLE ELEVEN

OVERTIME

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

(2) The Company reserves the right to require employees covered hereby to perform over-time work in order to meet Government contract requirements. When such overtime is required, employees involved will be given as much advance notice as possible.

(3) Overtime shall be paid for hours worked in excess of forty (40) hours in a workweek and recorded to the nearest one-tenth (1/10) of one hour. Overtime shall be at one and one-half (1-1/2) times the base hourly rate of pay.

(4) No overtime shall be worked except by direction of the proper supervisory personnel of the Company.

(5) For all authorized hours worked in excess of 12 continuous hours in any one-work day, the Employee will be paid at the rate of two times the rate of regular pay. There shall be no pyra-miding of overtime.

(6) Employees when required, that are assigned to work in Hot Pit Refueling capacity will be paid the applicable Hot Pit Refueling pay scale in Appendix A starting one-hour prior to the required show time of the operation until Hot Pits are terminated. Hot Pit operations are defined as the actual movement of fuel to or from a hot aircraft (engine(s) running). Should the Hot Pits be cancelled after arriving at the Hot Pit location and prior to the start of any fuel movement the ef-fected employee(s) will be paid an additional one-hour Hot Pit pay.

(7) Overtime is authorized by the Company in a manner that management deems appropri-ate. Seniority should be used in setting up a rotational schedule to provide overtime as evenly as possible for all employees in a work center. However, it is understood that there will be times, when management will use their own discretion to select an individual who possesses the necessary skills to meet mission requirements. Under these circumstances the Company will not be required to balance overtime.

(8) Nothing in this CBA will avoid to pay overtime.

ARTICLE TWELVE

WAGE RULES

Section 1 – General Wage Increases

All economic amendments under this Agreement, including but not limited to matters such as increases to Pay Rates, Shift and Lead Differentials, shall only become effective at the beginning of the first full pay cycle during the month of October.

Section 2

Employees promoted or temporarily assigned to another job classification shall receive the rate of that job classification or continue at their present rate, whichever is greater. If temporarily assigned, they shall, upon return to their prior classification, assume the rate held prior to the tem-porary assignment. Pay increases relative to such temporary assignments or promotions shall be-come effective at the time the employee assumes the new assignment.

Section 3 -- Paydays

Employees covered hereby shall be paid every two (2) weeks (26 pay periods) of every month. If a payday falls on a Saturday, Employees will be paid the Friday before. If a payday falls on a Sunday, Employees will be paid on the Monday.

Section 4 – Shift Differentials

Shift differential is paid as follows:

a) (Afternoon Shift) $1.00 per hour for all hours worked during the afternoon shift be-tween the hours of 12:00 – 20:00 hours. Employees will be paid $1.15 an hour for all hours worked if hours are extended.

b) (Night Shift) $1.15 per hour for all hours worked during a shift where half or more of the work hours are within the period of: 15:00 – 22:59 hours.

c) (Mid Shift) $1.35 per hour for all hours worked during a shift where half or more of the work hours are within the period of: 23:00 – 06:59 hours.

d) Overtime is not paid on the shift differential amount.

Section 5 – Stand-By Time

Employees on stand-by shall receive an additional four (4) hours of straight time pay each week and the actual call-back hours worked. Employees are assigned to stand-by duty in week long (7 day) increments, Employees shall be assigned to Standby appropriately by man-agement to ensure all eligible employees are selected, excluding Designated Key Personnel and

Leads, Standby teams will not perform the duty more than one week in a row without an em-ployee/management agreement. Employees on Stand-by will be paid for a minimum of two (2) hours of work each time they are called to duty. Personnel assigned standby duty understand that their normal duty hours may be adjusted to meet mission requirements. However, the 10hr rest option between shifts, will not be violated.

Section 6 – Call Back Time

Employees not on standby and called back to work receive four (4) hours of straight time pay and the actual hours worked.

ARTICLE THIRTEEN

HOLIDAYS

(1) The following Eleven (11) days, approved by the DLA-Energy Contracting Officer are designated as holidays:

New Year’s Day President’s Day, Martin Luther King Jr.’s Birthday Memorial Day, Independence Day Labor Day, Columbus Day Veteran’s Day, Thanksgiving Day Christmas Day 1 Floating Holiday

(2) Any employee, assigned to work on a designated holiday will be paid at the overtime rate for all hours worked. Any employee, who is on the active payroll on the holiday, shall be eligi-ble for holiday pay. Employees on PTO shall be eligible for holiday pay. All Holiday hours will be considered time worked.

(3) The Company reserves the right to require employees to work on a holiday.

(4) Should one of the holidays authorized above fall on a regularly scheduled day off, em-ployees will be authorized an alternate day off with pay at their base rate, to be taken at a time mu-tually convenient to the employee and the Company within thirty (30) days following the holiday.

(5) Should any holiday authorized above occur on a Saturday, the preceding Friday will be considered the holiday. Should any holiday authorized above occur on a Sunday, the Monday fol-lowing will be considered the holiday.

(6) Part-time employees shall be eligible for holiday pay on a pro rata basis.

(7) During periods of Official base closure, the Company will determine the minimum workforce required to meet their mission requirements. Those not required to work for the day will receive regular pay. Those that are required to work, will be compensated another day off within 30 days mutually convenient to the employee and the Company. During down days employees may continue to receive their regular base pay, provided that such payment for their normal work week has been approved by the DLA-Energy Contracting Officer. If work is not required, employees may be offered Personal Time Off or leave without pay, if all PTO has been exhausted. All paid hours will be considered hours worked.

(8) In addition to the holidays listed above, the Company will observe any holidays declared as a legal holiday by Congress, the President. The employee will only be paid holiday pay for the recognized federal holiday as deemed by the Congress or President but not both.

ARTICLE FOURTEEN

PERSONAL TIME OFF (PTO)

(1) Eligible Employees

a) An employee, who has completed the probationary period of this Agreement, shall be eligible for paid personal time off based on the employee’s continuous length of service, measured from the employee’s original date of hire by the Company. Such paid time will be considered time worked for purposes of computing overtime.

b) “Continuous length of service with the Company”, for purposes of this Article, is defined as service that is uninterrupted by termination of employment with any Com-pany that is past, present or future contractors to this CBA.

(2) Personal Time Off Allotment and Accrual

a) The amount of personal time off to which an employee shall be entitled during any year shall be determined by the employee’s number of years of continuous service with the Company, measured from the employee’s hiring date to the employee’s anniversary date of hire for the current year, as follows:

1) From the commencement of the first (1st) year of continuous service with the Company until the end of the fourth (4th) year of continuous service with the Com-pany, an employee will earn a maximum of 120 hours of personal time off per year to be accrued at the rate of 10.00 personal-time-off hours per month.

2) From the commencement of the fifth (5th) year of continuous service with the Company until the end of the ninth (9th) year of continuous service with the Com-pany, an employee will earn a maximum of 160 hours of personal time off per year to be accrued at the rate of 13.33 personal-time-off hours per month.

3) From the commencement of the tenth (10th) year of continuous service with the Company until the end of the fourteenth (14th) year of continuous service with the Company an employee will earn a maximum of 200 hours of personal time off per year to be accrued at the rate of 16.67 personal-time-off hours per month.

4) From the commencement of the fifteen (15th) year of continuous service with the Company an employee will earn a maximum of 240 hours of personal time off per year to be accrued at the rate of 20.00 personal-time-off hours per month.

b) Employees on leave without pay status (except those on extended active duty) as well as employees who are working less than forty (40) hours per work week, who are hired for a specified period of time with no guaranteed hours, or who do not work full time under the Service Contract Act will receive a pro-rated amount of personal time off based on the number of Service Contract Act hours worked divided by 2,080 hours and applied as a percentage to the personal time off accrual rates specified above in Paragraph (2) a).

c) The amount of personal time off leave shall be deemed earned when accrued, and it will be accrued on the last day of each calendar month.

(3) Personal Time Off Scheduling

a) Personal time off requests in excess of an employee’s regular work day of eight (8) hours, will be forecasted, in September and posted, 1 October each year. Preference will be af-forded to employees with greater seniority during this timeframe. Employees may file a re-quest with his/her supervisor to change or delete a previously scheduled PTO strictly on a first come/first serve basis, without regard to seniority. Employees may also request addi-tional PTO throughout the year through their supervisor strictly on a first come/first serve basis without regard to seniority. As practical and consistent with the operational requirements of the Company and the government/customer, employees will be granted their requested personal time off. Personal time off will be taken in increments of one (1) hour or more. Any PTO request that is scheduled to commence more than 5 days out from the request, must be answered by management within two (2) scheduled work days.

Employees are not permitted to take advance PTO or schedule more PTO request time than actual PTO accrued

b) Unscheduled personal time off not covered by Section (3) a) may be approved by and within the discretion the employee’s supervisor, upon request made by the em-ployee. As practical and consistent with the operational requirements of the Company and the government/customer, employees will be granted the personal time off re-quested under this Section.

c) Employees may use personal time off for personal or immediate family illness. Em-ployees shall notify their immediate supervisor prior to start of their first scheduled shift unless illness is so severe as to prevent notification, in which case employee will notify immediate supervisor as soon as possible. In the event that the employee is off due to illness for three (3) or more consecutive days, the company reserves the right to request a doctor’s certificate verifying the illness and determining the employee’s ability to return to work with or without duty restrictions.

(4) Use of Personal Time Off

a) Personal time off leave balances must be exhausted before leave without pay re-quests will be considered for approval. Requests for leave without pay will be consid-ered on an individual basis depending on the nature of the absence and current pro-jected workload.

b) An employee’s accrued personal time off balance shall not exceed 125% of their annual accrual rate. (Hereinafter referred to as “personal time off limit”). An employee’s eligibility to accrue personal time off shall be suspended whenever the employee’s personal time off balance reaches the personal time off limit. The em-ployee’s eligibility to accrue personal time off will be reinstated when the employee’s personal time off balance falls below the personal time off limit. An employee shall not receive pay in lieu of personal time off. It is the company’s policy that PTO is to be used during the accrual period.

c) An employee will be paid for personal time off hours accrued but not used at the time of termination of employment, regardless of the nature of the termination, at the employee’s straight-time rate of pay at the time of the employee’s termination.

d) If an employee is taking leave pursuant to the Family and Medical Leave Act, the employee may elect to receive personal time off pay in lieu of time off without pay.

e) Employees on a voluntary basis in support of fellow employees may donate PTO hour to those employee’s whom have exhausted all of their own PTO for medical and emergen-cy leave reason. PTO will be donated in 8 hour increments at the lowest pay rate of the employees involved. PTO cannot be donated merely as a convenience nor may it be do-nated to anyone whom has not completed their 90 day probationary period. All donations must be approved by the Corporate Fuels Officer.

(5) Rate of Pay

a) An employee, whose designated job classification is listed in Appendix “A” of this Agreement, shall be compensated for personal time off at the straight-time rate of pay for the employee’s designated job classification at the time the personal time off is tak-en.

b) Paid days of personal time off will be considered as time worked for the purpose of computing overtime.

(6) Sell Back

An Employee has the option to sell back up to 80 hours of PTO every contract year and receive the amount of the sell back PTO in the first pay period in the month of March. The request for sell back must be requested by January 1st of that year.

ARTICLE FIFTEEN

LEAVES OF ABSENCE

(1) Unpaid leaves of absence for sufficient cause may be granted by the Company upon application from employees who have completed their probationary period. Requests for leave of absence must be made in writing on a form provided by the Company and must be approved by the Corporate Fuels Officer.

(2) Seniority shall continue to accumulate during the approved leave of absence not to ex-ceed twelve (12) months except by mutual consent. 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 exten-sion of such leave prior to expiration, if additional time is required. All such extensions must have prior Company approval.

(3) Subject to the conditions stipulated in this Article, unpaid leaves of absence may be granted for the reasons stated in the following paragraphs:

(a) An employee on leave of absence for personal health reasons may return to work prior to or at the expiration of such leave upon the release of a licensed physician pro-vided he/she is able to perform his/her assigned duties safely. Should the Company question the employee’s capability to perform his/her assigned duties safely, the com-pany may have the employee examined by another physician, prior to his/her return to work. If the physician selected by the Company and the employee’s physician disagree, then the employee will be examined by a third mutually acceptable physician and his/her decision will decide the employee’s capability. Any such additional examination costs shall be incurred by the Company.

(b) While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work once every two (2) weeks, except in those cases where the employee’s physician has provided an expected date of return, or when application and approval of the absence falls under the Family Medical Leave Act (FMLA).

(c) Leaves of absence without pay for Union business will be granted to representatives of the Union who are employees of the Company who have been selected by the Un-ion and its representatives to attend such functions as conferences, conventions, and Union educational courses, not to exceed ten (10) work days provided advance notice is given to the Company. However, not more than two (2) employees may be on such leave at any one time. It is understood and agreed that once every four (4) years, one

(1) person will be granted leave of absence for up to three (3) weeks for the purpose of attending the Union’s international conventions. Exceptions may be made by mutual agreement.

(4) When leaves of absence are granted, employees, upon return to active employment, will be returned to their job if their seniority will permit. If such job does not exist, or their seniority will not hold, they will exercise their bumping rights.

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

(6) Any member of the Union shall, on written request by the Union, be granted unpaid leave of absence to serve in Union office for the term of such office. Employees on such leave shall accrue seniority. When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if request is made 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 privi-leges and applicable wage rate at the time of return to the active payroll. The returning Union member must report for active duty within thirty (30) days of the expiration date of such leaves in order to retain such rights, unless extended by mutual agreement by the parties.

ARTICLE SIXTEEN

HEALTH & WELFARE

(1)The Company shall make Health & Welfare contributions equal to the amount shown below per hour paid to a maximum of 40 hours per week beginning on the first pay cycle in Octo-ber.

Current October 2018 $5.83 $5.58

(2)…