Attachment V CBA-2023-748 Rev 0 and Rev 1.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-2023-748

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 08/27/2024

State: New Mexico

Area: Bernalillo

Employed on DEFENSE LOGISTICS AGENCY contract for Provide all personnel, equipment, tools, materials, supplies, supervision and all other items in support of Fuel Management Services at Kirtland Air Force Base (KAFB)..

Collective Bargaining Agreement between contractor: TK&K SERVICES, LLC, and union: COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CLC Local , effective 12/01/2024 through 11/30/2025.

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).

https://sam.gov/wage-determination/cba/agreement/73857/document 1/2

Attachment V: SPE603-24-R-0508

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COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

TK&K SERVICES, LLC

and the

COMMUNICATIONS WORKERS OF

AMERICA, AFL-CIO, CLC

Effective December 1, 2021 through November 30, 2024

TABLE OF CONTENTS

ARTICLE TITLE

Preamble 1 Recognition 2 Rights of Management 3 Union and Company Relations 4 Grievance Procedure and Arbitration 5 Seniority 6 Workweek, Hours of Work, Shifts 7 Overtime 8 Leave of Absence 9 Safety 10 Separability 11 Miscellaneous 12 Workforce Administration 13 Jury and Witness Duty 14 Short-term Military Duty 15 Rates of Pay 16 Vacations 17 Sick Leave 18 Holidays

19 Group Benefits 20 Savings Plan 401(k) 21 Drug & Alcohol Free Work Place 22 Uniform Allotment & Maintenance 23 Travel Expense Reimbursement 24 Promotions, Assignments & Transfers 25 Part Time Personnel 26 Term of Agreement

Signature Page Addendum #1 Wage Schedule Addendum #2 Part Time Availability Worksheet Attachment A: Dues Deduction Authorization Form Attachment B: COPE Deduction Authorization Form Attachment C: Compressed Work Schedule 56

PAGE

A

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TK&K SERVICES, LLC

AND

COMMUNICATIONS WORKERS OF

AMERICA, AFL-CIO, CLC

PREAMBLE

1. This Agreement, effective December 1, 2021, by and between TK&K Services, LLC (hereinafter referred to as "the Company") and the Communications Workers of America, AFL- CIO, CLC (hereinafter referred to as "Union"):

WITHNESSETH that:

Whereas, the Union is the exclusive bargaining agent of certain employees of the Company, and

WHEREAS, the Union and the Company have negotiated a Collective Bargaining Agreement covering wages, hours and other conditions of employment and

WHEREAS, the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows.

ARTICLE 1

RECOGNITION

Section 1.1 Recognition. TK&K Services, LLC, recognizes the Communications Workers of America, AFL-CIO, CLC as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other conditions of employment for all employees covered by this agreement.

Section 1.2 Bargaining Unit. The Company and the Union agree that the employees covered by this Agreement shall consist of the following: All full-time and part-time aircraft servicers, fuel accountant(s), and fuel distribution system operators; excluding, QC inspectors, and supervisors as defined by the National Labor Relations Act employed by TK&K Services, LLC, at the Kirtland AFB facility (hereinafter KAFB), Albuquerque, New Mexico under the Defense Logistics Agency contract number SP0600-14-C-5422 and its successor contracts.

ARTICLE 2

RIGHTS OF MANAGEMENT

Section 2.1. The Union recognizes that it is the function and right of the management to exercise its own judgment and discretion in developing processes which meet the standards of Government requirements and customer acceptance, and to meet competition, in order that its business and jobs and wages be protected. To attain these, the Union recognizes as included in, but not limited to, the following management rights.

Section 2.2. Except as specifically abridged, delegated or modified by a specific provision of this Agreement, or any supplementary agreements that may hereafter be made, all the rights powers and authority the Company possesses prior to the signing of this Agreement are retained by the Company and remain exclusively and without limitation within the rights of management. The exercise of such rights does not require any prior discussion or negotiation with the Union, any bargaining obligation with respect to the exercising of such rights being hereby expressly waived by the Union. Rights of management include, among other things, but are not necessarily limited to, the right to establish or continue policies, practices and procedures for the conduct of business and from time to time change or abolish any of such policies, practices or procedures, determine and from time to time re-determine, the number, location or relocation, of its operations and other facilities; from time to time determine the type of operations, the methods, processes and materials to be employed and the services to be performed; establish, combine or split up departments or transfer work from one department to another; transfer work from one operation or facility to another; discontinue processes or operations; determine the numbers of hours per day or per week operations shall be carried on, including the starting and stopping times and rotation of shift and jobs; select and determine the number and type of employees required;

assign work to its employees in accordance with requirements determined by management;

establish and change work schedules and assignments; determine methods of work measurement and establish standards of work performance; transfer, promote, or demote employees, or lay off, terminate, or otherwise relieve employees from duty for lack of work or other reasons; make and enforce rules of operations conduct and the maintenance of discipline and from time to time amend, modify or revoke any of such rules; suspend, discharge or otherwise discipline employees for just cause.

Section 2.3. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 2.4. This Agreement cancels and supersedes all prior written and oral agreements made between the parties, with the exception that any outstanding claims, disputes, grievances or unresolved cases that originated under previous parties remain the responsibility of the parties involved and do not transfer liability to TK&K Services, LLC.

ARTICLE 3

UNION AND COMPANY RELATIONS

Section 3.1 Union Activity During Working Time. Solicitation of Union membership and collection or checking of dues will not be permitted during working hours. The Company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Union activity. Any employee engaged in unsanctioned Union activity during working time, except as specifically allowed by the provisions of this Agreement, or by other agreement between the Company and the Union, is subject to disciplinary action.

Section 3.2 Strikes and Lockouts. The Union, its officers, agents, representatives and members agree that for the duration of this Agreement there shall be no strikes, sit downs, slowdowns, stoppages of work or any acts of any nature which would slow down or interfere with production and no picketing of any kind on or near KAFB, whether predicated upon economic issues, grievances, contract violations whether real or alleged, unfair labor practices whether real or alleged, sympathy for other employees of the Company; nor shall any such acts be promoted, condoned or encouraged by the Union, its officers, agents, or representatives. Failure or refusal on the part of any employee of the Company to comply with any or all provisions of this Section shall be sufficient grounds for discipline or discharge.

The Company agrees that for the duration of this Agreement, there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of the operation or any part thereof or curtailing any operations for business reasons. If the Union escalates a grievance to arbitration regarding an alleged violation of this Section, it is understood and agreed that the arbitrator will have the authority to determine the severity of the violation and mitigate the discipline.

3.2(a) In the event of any violation of this Section, it shall be the duty and obligation of the Union, its officers, agents, or representatives (employee or non-employee) to immediately take all reasonable steps required to bring about an end to such misconduct.

3.2(b) Neither the violation of any provision of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful, nor the fact that a particular grievance or dispute is not subject to arbitration under the provisions of this Agreement, shall excuse the Union, its officers, agents and representatives or the employees of the Company, its officers, agents and representatives from their obligations under this Article.

3.2(c) The above prohibition on strikes shall not be binding on the Union sixty (60) days after notice has been served on the Company pursuant to Section 8(d) of the National Labor Relations Act, as amended, when no agreement for a new contract has been reached.

Any claim by either party of a violation of this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and the party shall have the right to submit such claim to the courts.

Section 3.3 Union Security.

3.3(a) Membership in the Union is not compulsory. Employees in the bargaining unit must, as a condition of continued employment, be either a member of the Union and pay Union dues or pay an Agency fee to the Union, but not both. If such condition of employment is not met, the employee's employment shall be terminated and such discharge shall be deemed to be for just cause as in compliance with standards permitted by the National Labor Relations Board NLRB and court decisions relating to Agency Shop requirements.

Employees have the right to join, not to join, maintain, or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee in regards to such matters.

3.3(b) Each employee in the bargaining unit shall, beginning on the 31st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, shall elect to either, as a condition of continued employment in the bargaining unit, execute and deliver to the Company (with a copy to the Union) a Dues/Agency Fees Deduction Authorization Card (Attachment A), as provided for in this Article that shall authorize the Company to deduct from the employee's pay an amount of money equal to the Union's regular, uniform and usual monthly Union dues/Agency fees to be remitted to the Secretary-Treasurer as set forth in this Article, or pay directly to the Union an amount of money equal to the Union’s regular, uniform and usual monthly dues as certified by the Secretary-Treasurer of the Communications Workers of America. It is understood that Union Dues/Agency Fees are due and payable on the first payday of each month. Employees electing to use the Union Dues/Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts dues from their paycheck on the first two pay periods of each month. Employee's electing to pay their dues directly to the Union shall make Union Dues/Agency Fees to the Union by the end of the calendar day on which the employee is paid.

3.3(c) Any employee within the bargaining unit who is required to contribute to the Union as provided for in Section 3.3(b) of this Article and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Article during the period of time such employee remains outside the bargaining unit or on layoff.

3.3(d) No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the Company's active payroll including layoff.

3.3(e) An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the Union's regular uniform and usual monthly Union Dues/Agency Fees to an authorized agent of the Union or pay through authorized payroll deductions the Union's regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article. Once the Union becomes aware of the employee's delinquency and the Union notifies the employee of the delinquency the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved the Union shall notify the Company and the employee and the Company shall discharge the employee no earlier then the fifteenth (15th) calendar day and no later than the thirtieth (30th) calendar day after said notification if the delinquency is not resolved.

3.3(f) Employees may handle the matter of payment of Union Dues or Agency Fees directly with the Union. In cases where deductions are made from those who have already paid Union Dues or Agency Fees, the Union will make any necessary refunds directly to such employee.

3.3(g) Deductions shall be made for the accrued regular monthly Union Dues or Agency Fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees Deduction Authorization has been received, beginning with the pay for the first full pay period in the month following receipt of such authorization, provided that sufficient earnings remain to cover Union Dues or Agency Fees after all deductions required by law are made, and such Union Dues or Agency Fees deduction shall continue in like manner monthly thereafter, except as qualified in this Article.

3.3(g)(1) Deductions shall be remitted to the Secretary-Treasurer within 15 days following the month in which deductions were made. The Company will furnish the Secretary- Treasurer, at the same time, a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction.

3.3(g)(2) When ceasing to deduct Union Dues or Agency Fees for any reason, the Company will submit the name(s) of such employee(s) in alphabetical order, and the reason for no deduction to the Secretary-Treasurer at the same time the monthly dues deduction list is remitted.

3.3(g)(3) When ceasing to deduct Union Dues or Agency fee for any reason, the Chief Steward will be notified of the stoppage within one (1) business day of the stoppage.

3.3(g)(4) Collection of any back dues owed at the time of starting deductions for any employee and collection of dues missed because the employees' earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

3.3(h) In addition, each individual authorization card signed and dated prior to the date of the contract ratification date and the initial irrevocable period shall run one (1) year from the date of the ratification of the Collective Bargaining Agreement. Thereafter, dues authorization shall conform to the terms of the Dues Authorization Card.

3.3(i) The Union Dues or Agency Fees Deduction Authorization Card for the deduction and check-off of Union dues or Agency Fees is included in this Agreement as Attachment A.

3.3(j) The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article provided the Company has met its obligations under the terms of this Article.

Section 3.4 Payroll Deductions for COPE. The employee may authorize the Company to deduct from the wages due the employee an additional sum to be designated by the employee each pay period, and to remit such amount to the Communications Workers of America on Political Education; Political Contributions Committee ("CWA-COPE-PCC"). The signing of this authorization card and the making of contributions to CWA COPE PCC are not conditions of employment with the Company. (See Attachment B.)

Section 3.5 International Representative-Access to Work Site. The International Representative, or his designee, of the Union shall have access to the Company work sites during working hours for the purpose of conducting legitimate Union business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and the Company will not impose regulations which will render the intent of this provision ineffective. The International Representative, or his designee, will be responsible for arranging access to the military installation and compliance with all Government regulations, and will be solely responsible for their conduct while on the installation.

Company badges and credentials will be available to the International Representative, or his designee, during first shift working hours. The Union shall keep the Company Human Resource Manager and the site Terminal Manager currently informed in writing of the name of the accredited International Representative, or his designee.

Section 3.6 Shop Stewards. A Shop Steward will represent all employees in his/her designated area on his/her shift and may process a grievance only concerning matters affecting employees within his/her designated area and shift. The Union may select not to exceed, except by mutual agreement, one (1) Shop Steward and one (1) Alternate Steward.

The Union shall keep the Terminal Manager currently informed in writing of the names of the accredited Shop Stewards. An employee, while serving as Shop Steward, shall not be surplused from his job classification, so long as other employees remain in his job classification, area and on the shift he is designated Shop Steward.

Section 3.7 Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance. The steward shall notify and obtain permission from his supervisor before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Union or contacting the International Representative, or his designee in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process.

However, upon the request of an employee or steward, the supervisor shall authorize a steward to participate in a private discussion with an employee, International Representative, or his designee, relating to a complaint or grievance.

3.7(a) The scope of the Steward's activities shall include, the following:

3.7(a)(1) To confer with an employee about an alleged complaint or grievance covering this Agreement.

3.7(a)(2) To investigate a complaint or grievance before presentation to appropriate management.

3.7(a)(3) To present a complaint or grievance concerning this Agreement to an employee's immediate supervisor in an attempt to settle the matter for an employee.

3.7(a)(4) To meet with appropriate supervision or other designated Representatives of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

3.7(b) The Stewards and the Alternate Shop Steward will be allowed to utilize up to two (2) hours per week with pay to investigate grievances. The Steward may be granted additional time if needed, not to exceed two (2) hours. Replacement Stewards or Chief Stewards will not be entitled to any additional time. If grievance handling by the Steward and/or employee requires more time than specified in this Section, it will be handled on the Steward's and employee's own time.

3.7(c) The Union may appoint a replacement Shop Steward for Stewards who are on detachment, leave of absence, vacation or out sick. The regular certified Steward will assume his/her Shop Steward position upon his/her return to work at KAFB, Albuquerque and the replacement Steward will no longer be recognized as a Steward.

3.7(d) The Shop Steward and/or Alternate Steward will be provided a ten (10) minute period during the in processing of new employees.

Section 3.8 Bulletin Boards. The Union agrees to provide a bulletin board to be placed in a mutually agreed area, for the exclusive use of the Union. The purpose of the bulletin board is for the posting of information as follows: (a) notices of Union meetings, (b) notices of official Union Elections and results, (c) notices of Union appointments, and (d) any other official Union notices, so long as such postings are not derogatory or defamatory. The union will ensure all posted information is current and obsolete materials are removed promptly.

Section 3.9. Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under his or her supervision topics pertinent to the work place, including but not limited to, the employee's job performance. An employee may, if he believes that disciplinary action may result, request the presence of a union steward.

Section 3.10 Joint Meetings. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Company representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This Section is intended to provide a free avenue of communication between the Union and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints.

Section 3.11 Just Cause.

3.11(a) It is understood that no employee shall be disciplined, discharged or suspended without just and sufficient cause. When discipline is being administered, an employee has the right to request the presence of a Shop Steward.

3.11(b) Work rule violations are divided into two categories. As a general rule, Group One violations are considered the most serious violations and subject the employee to immediate termination. Group Two violations will generally result in one or more of the following progressive disciplinary actions. The circumstances of the incident, past behavior record, and the discretion of the Company will determine the extent of disciplinary action imposed.

Refer to the Company’s Employee Handbook for descriptions and examples of the types of violations for each Group. Failure on the part of the company to enforce the provisions of this Article in certain instances shall not constitute a waiver of the Company's rights to enforce this Article in other instances.

3.11(c) An employee will not be denied the right to have a Shop Steward present during an investigative interview involving matters, issues or events which he/she feels that may possibly lead to disciplinary action. A Shop Steward will not be provided unless the employee requests that a Shop Steward be present at such interviews.

3.11(d) The reason for discharge or other disciplinary action shall be given to the employee in writing at the time of the discharge or other disciplinary action and the Company will provide a copy of such action to the Union.

3.11(e) A discharged or suspended employee shall, at the time of such action, be furnished a discharge or suspension notice in writing setting forth the precise charge which caused the action. Employees who are placed on suspension pending further investigation will not be furnished anything in writing relative to discipline until such time the Company concludes its investigation. The Company will render to the employee as soon as administratively possible all compensation due to him/her at the time of termination, but in no instance later than the next regularly scheduled pay date following the termination.

ARTICLE 4

GRIEVANCE PROCEDURE AND ARBITRATION

Section 4.1 Establishment of Grievance and Arbitration Procedure. Grievance or complaints arising between the Company and its employees subject to this Agreement, or the Company and the Union, with respect to the interpretation or application of any of the terms of this Agreement, shall be settled according to the following procedure, subject to the terms of this Article relating to discipline and only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance procedure.

Section 4.2 Processing Grievances.

STEP 1 Oral Discussion. The employee first shall discuss his grievance with the Steward and if the Steward considers the grievance to be valid then the employee and the Steward will contact the employee's supervisor or the designee and will attempt to reach a settlement of the complaint. This procedure, however, will not prevent an employee from contacting his supervisor or the designee, if he so chooses. If the purpose of the employee's contacting his supervisor is to adjust the grievance, the Steward shall be given an opportunity to be present and such adjustment shall be in conformity with this Agreement. It is the employee’s responsibility to contact the Steward.

STEP 2 Grievances Reduced to Writing If no settlement is reached in Step 1, the Steward, if he/she considers the grievance to be valid, may at any time reduce to writing a statement of the grievance or complaint which shall contain the following:

(a) The facts upon which the grievance is based.

(b) Reference to the Section or Sections of the Agreement alleged to have been violated (this will not be applicable in cases of dismissal or suspension for cause or of involuntary resignation).

(c) The remedy sought.

The Steward shall sign and submit the written statement of grievance to the supervisor for consideration, with a copy to the designated representative of the Company, within five (five) days following Step 1.

After such submission, the supervisor and the Steward may, within the next ten (10) days, unless mutually extended, settle the written grievance and, over their signatures indicate the disposition made thereof. Otherwise, promptly after the expiration of such ten (10) day period, or agreed extension thereof, the supervisor, or the designee, and the Steward shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 3 Written Grievance Handling at International Representative Level.

If no settlement is reached in Step 2 within the specified or agreed time limits, the

International Representative or his designee may within the next fifteen (15) days thereafter submit the grievance to the designated representative of the Company.

After such submission, the designated representative of the Company and the International Representative or his/her designee may, within the next fifteen (15) days, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made thereof.

Otherwise, promptly after the expiration of such fifteen (15) day period, or agreed extension thereof, the designated representative of the Company and the International Representative, or his designee, shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 4 Arbitration. If no settlement is reached in Step 3 within the specified or agreed time limits, then either party may in writing, within fifteen (15) days thereafter, request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in Sections 4.6 to 4.7, inclusive.

Section 4.3 Dismissals, Suspensions, Layoff, etc. In cases of layoff or suspension for cause, or of involuntary resignation, the employee shall be given a copy of the layoff, suspension, or termination of service slip, as the case may be, if he is available to be presented with such copy. If he is not available, copies of the slip will be sent to the employee at his last known address via certified mail, and to the Union office. The employee shall have the right to appeal the action shown on the slip providing the Union files a written grievance with the designated representative of the Company within fifteen (15) days after the date of layoff dismissal, or suspension for cause, or involuntary resignation, or within fifteen (15) days after the date of the mailing of the copy of the slip. The written grievance then may be processed through subsequent steps detailed in Section 4.2 of this agreement.

Section 4.4 Union Versus Company. Processing of grievances that the Union may have against the Company shall begin with Step 3 and shall be limited to matters dealing with the interpretation or application of terms of this Agreement. Such grievances shall be submitted in writing to the designated representative of the Company, and shall contain the following:

(a) Statement of the grievance setting forth the facts upon which the grievance is based.

(b) Reference to the Section or Sections of the Agreement alleged to have been violated.

(c) The correction sought.

The grievance shall be signed by the designated representative of the Union. If no settlement is reached within fifteen (15) days (unless mutually extended) from submission of the grievance to the designated representative of the Company, both shall sign the grievance and indicate that it has been discussed and reconsidered by them and that no settlement has been reached. Within fifteen (15) days thereafter, the Union may in writing request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in 4.6 to 4.7, inclusive.

Section 4.5 Retroactive Compensation Grievance. Claims involving retroactive compensation shall be limited to thirty (30) calendar days prior to the written submission of the grievance to Company representatives. This thirty (30) day limitation may be waived by mutual consent of the parties.

Section 4.6 Selection of Arbiter From Federal Mediation and Conciliation Service.

The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbiters. Such requests shall state the general nature of the case and ask that the nominees be qualified to handle the type of case involved. When notification of the names of the panel of seven (7) arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the arbiter.

Section 4.7 Arbitration - Rules of Procedure. Arbitration pursuant to Step 4 shall be conducted in accordance with the following:

4.7(a) The arbiter shall hear and accept pertinent evidence submitted by both parties and be empowered to request such data as he deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days, unless mutually extended, after the completion of the hearing.

4.7(b) The arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties.

4.7(c) The arbiter shall rule only on the basis of information presented in the hearing before him and shall refuse to receive any information after the hearing except when there is a mutual agreement of both parties.

4.7(d) Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs with a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.

4.7(e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

4.7(f) The compensation and necessary expenses of the arbitrator, mutually approved in advance, shall be borne equally by both parties.

4.7(g) The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 4.8 Extension of Time Limits by Agreement. Any grievance not advanced to the next Step by the time limits described in this Article will be considered withdrawn and the grievance will be closed with no further action. Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent.

Section 4.9 Agreement Not to be Altered. In arriving at any settlement or decision under the provisions of this Article, neither the parties nor the arbiter shall have the authority to alter this Agreement in whole or in part.

Section 4.10 Conference During Working Hours. All conferences resulting from the application of provisions contained in this Article shall be held during working hours.

Section 4.11 International Representative, When Not Available May Authorize Designee. For any period that the International Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited Union representative to act for him, as his designee. As to each such period of unavailability, authorization of the Designee will be accomplished by the International Representative informing the appropriate Company representative of the expected period of International Representative’s unavailability to perform his duties under this Article 4. He shall promptly notify the Company representative of the fact and such notice will terminate the period during which the designee is authorized to act.

Section 4.12 Signing Grievance Does Not Concede Arbitral Issue. The signing of any grievance by any employee or representative either of the Company or of the Union shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitral issue or is properly subject to the grievance procedure under the terms of this Article.

ARTICLE 5

SENIORITY

Both parties hereto agree that continued service over a period of time should increase the worth of an employee to his employer, and that length of service should receive recognition in case of promotion. Both parties further agree that the principle of seniority, where qualifications, productivity, and dependability are reasonably equal, shall be used for promotion or for retention in case of a reduction in force.

Section 5.1 Probationary Employees.

5.1(a) For the first ninety (90) days of employment, employees shall be considered as on probation and without seniority. However, if a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward the completion of his probationary period. Upon the completion of his probationary period, his seniority date will then be established as of ninety (90) days prior to the completion date of his probationary period.

5.1(b) During such ninety (90) day period, probationary employees may be laid off or terminated at the discretion of the Company. It is understood those employees who do not satisfactorily pass either the pre-employment medical test or the security background check will be considered probationary employees under this section. Such layoffs or terminations during the probationary period shall not be subject to the grievance and arbitration procedure.

Section 5.2 Establishment of Seniority. The seniority date of each Employee shall be determined in accordance with the length of continuous employment with the Employer, or any predecessor Employer, at the Kirtland Fuels Contract Facility. The seniority date of each employee, who, subsequent to the effective date of this Agreement is hired or rehired into the unit shall be the effective date of such hire or rehire with TK&K Services, LLC, except that any break in service of less than one (1) year as the result of lay-off or granted leave, will be considered as continuous service.

Section 5.3 Employees with Identical Seniority Dates. When two or more employees have the same seniority date as herein provided, the employee whose last name begins with the lowest letter in the alphabet shall be considered as having the highest seniority for tie breaking purposes.

Section 5.4 Accumulation Seniority. Seniority shall accumulate to:

5.4(a) Employees who are on the active payroll of the Company and in the bargaining unit defined in Article 1, Recognition, of this Agreement:

5.4(b) Employees who are promoted to positions supervising bargaining unit employees, shall retain and continue to accumulate seniority for a period of one hundred and eighty

(180) calendar days, while they remain in a supervisory position;

5.4(c) Employees while on active military service and reinstated in compliance with applicable law;

5.4(d) Time spent on authorized leave of absence for Union business in accordance with Article 8, Leave of Absence;

5.4(e) Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff status provided in Section 5.4(h);

5.4(f) Time spent on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or illness, not to exceed 12 months during any such period;

5.4(g) The first 30 days of any other authorized leave of absence;

5.4(h) Time spent on layoff for a period not to exceed three (3) years, or for employees with less than one (1) year seniority, time spent on layoff for a period not to exceed one (1) year;

Section 5.5 Loss of Seniority. An individual shall lose seniority rights for the following reasons:

5.5(a) Resignation. In addition to normal resignations, an individual who, while on leave of absence, engages in other employment without prior written approval by the Company, or fails to report for work or to obtain renewal of his leave on or before its expiration, will be considered as having resigned;

5.5(b) Discharge for cause;

5.5(c) Failure to respond with an acceptance within seven (7) calendar days after receipt of a recall from layoff notice by certified mail (unless such period is extended by the Company);

5.5(d) Failure to report for work within fourteen (14) calendar days after acceptance or on such later date as may be designated by the Company;

5.5(e) Failure to keep the Company advised while on active layoff, of any changes in current mailing address. The Company will fulfill its obligation for notice of recall by mailing a certified notice to the employee's last address of record;

5.5(f) Layoff for a period in excess of three (3) years (or for employees with less than one

(1) year seniority, layoff in excess of one (1) year);

5.5(g) Retirement;

5.5(h) Absence in excess of three (3) consecutive working days without notice, either by telephone or written message or by messenger to his immediate supervisor shall constitute resignation as in 5.5(a) above, unless satisfactory evidence of inability to report for work is shown. Note: Written communication may include email or text; however, email or text communication will not be considered as received unless the receiver acknowledges receipt to the sender within 5 minutes of transmittal by the sender.

ARTICLE 6.

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1. Employees will receive two (2) consecutive days off during the seven (7) day workweek period. The Company will attempt to meet its non-regular workweek assignments on a voluntary basis among the employees. In the event there are insufficient volunteers to meet the requirement, the Company may designate and require the necessary number of employees to work the non-regular workweek. Each employee will be assigned to a shift with designated start times.

Section 6.2 . The starting time of the various shifts will be as follows:

1st shift will be any shift starting between the hours of 6:00AM and 7:00AM 2nd shift will be any shift starting between the hours of 3:00PM and 4:00PM 3rd shift will be any shift starting between the hours of 11:00 PM and 12:00 AM

Shift changes will be assigned within each shift, in fifteen (15) minutes increments, beginning at the start of shift.

Prior to any change of starting times for various shifts and/or work day(s), the Company will discuss the issue with the Union. In the event that it is necessary to change the starting time of a shift and/or work day(s), at least forty-eight (48) hours' notice will be provided to employees whenever possible.

Section 6.3. Each workweek for payroll purposes shall begin at 00:01 on Saturday and end 168 hours later at midnight on Friday. The payroll period shall not be changed for the duration of this Agreement unless mutually agreed upon by the parties. The normal workweek shall be forty (40) hours consisting of five (5) days of eight (8) hours per day.

Section 6.4. Rest Periods. Employees will be allowed one fifteen (15) minute rest period before and one fifteen (15) minute rest period after lunch in each complete Scheduled workday, the time will be established by the Company.

Section 6.5. The Company may implement a Compressed Work Schedule when it is in the best interest of customer service, needed for mission support, or during contingency situations. Under the Compressed Work Schedule, the standard duty hours at Kirtland AFB will follow a schedule that allows for full-time employees to work four (4) – 10-hour days each week with three (3) consecutive days off, slightly differing from the common 40-hour work week of working a five (5) day workweek and two (2) consecutive days off. Employees are paid bi-weekly. This schedule is fully described in Attachment C – Letter of Understanding.

Section 6.6. Employees shall work up to the start of the rest periods and be at their place of work at the end of their rest periods. Depending on operations and schedules, employees may be required to work through their rest and periods and take them at a later or earlier time during the shift.

Section 6.7 Shift Preference. The Company shall have the exclusive right to assign employees to any shift and will normally provide a minimum of two (2) weeks advance notice; however, emergency or other extenuating circumstances, as defined by the Company, may result in less notice when necessary to meet the obligations of our contract with the Government. Subject to the foregoing, senior employees who have a shift preference on file shall be given preference over other employees and new hires for placement in an available job in their classification in their work center. Under no circumstances will the provisions of this Section 6.7 be construed to enable an employee, at his insistence and request, to displace a less senior employee from his job and shift.

Assignment of employees to other shifts shall be first on voluntary basis, and if there are not volunteers, then the assignment of employees shall be in reverse seniority order of qualified employees to the designated classifications to meet mission requirements.

6.8 Shift Bids. Under the terms of this Agreement, the Company will open shift schedules for bid on a quarterly basis. Shift assignments will be on a seniority basis.

ARTICLE 7

OVERTIME

Section 7.1 Overtime. The Company will attempt to meet its overtime requirements on a voluntary basis among the employees by seniority who normally perform the work on a straight time basis; however, in cases of selective overtime, new hires or rehires may be excluded for the first sixty (60) calendar days of their employment. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the overtime. A reasonable effort will be made to equalize overtime between employees within a work group, such work groups to be determined by the Company. If there are insufficient volunteers to handle the overtime work assignment, the least senior qualified employee will be required to take the work assignment.

Section 7.2. Time worked within an assigned shift period shall be compensated at straight time rates.

Section 7.3. Overtime shall be paid at one and one-half (1.5) times an employee's base rate, plus differential, if applicable, for all hours worked in excess for forty (40) hours in the workweek. Holiday and vacation pay shall be considered as time worked for the purpose of computing overtime. There shall be no pyramiding of overtime.

Section 7.4. Wage Payment Basis. Employees shall be paid for time worked computed to the nearest one quarter hour.

ARTICLE 8

LEAVE OF ABSENCE

Section 8.1 Authorized Leaves of Absence. For the time period indicated in each instance, leaves of absence (without pay except to the extent vacation credit or sick leave credit can be used and is used under and in accordance with Articles 16, Vacations, and 17, Sick Leave) may be granted to an employee on the active payroll at the Company’s discretion. The Company will not withhold approval without just cause.

8.1(a) In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work. The Company may require satisfactory proof of such illness. Alcoholism may be the basis for granting medical leave to individuals while under treatment at a recognized and accepted treatment center or hospital if such treatment is requested prior to the employee being terminated for unsatisfactory attendance or violation of other Company rules.

8.1(b) In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law. The Company must be notified upon medical confirmation that a pregnancy exists.

8.1(c) Leave shall be granted for the period of time necessary to serve in the Armed Forces of the United States, subject to applicable law.

8.1(d) Leaves of absence without pay for Union business will be granted to employees of the Company who have been selected by the Union to attend such functions as conferences, conventions, and Union educational courses, not to exceed fifteen (15) days provided the Union notifies the Company in writing twenty (20) days in advance if possible and receives concurrence from the Terminal Manager or his designee. No more than one (1) employee may be on such leave at any one time.

Deviations to the advance notice and numbers of employees on Union leave will be handled on a case-by-case exception basis. Due to operational requirements such requests may be denied. The Company will respond to all requests for Union leave within five (5) working days of said request.

8.1(e) When an employee is appointed as a full time representative of the Union Representing the particular unit, or selected to a full-time Union position, for the period of time necessary to fill such position. Not more than one (1) employee shall be on such leave at any one time except by mutual agreement of the parties.

8.1(f) The Company may grant leaves of absence without pay for other reasons that the Company considers valid, such as Family Leave or for personal reasons.

8.1(g) Requests for leaves of absence must be made in writing to the Company and specify the reason for the…