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-2017-9853

Diane Koplewski Division of | Revision No.: 3

Director Wage Determinations| Date Of Last Revision: 02/12/2025

State: Arizona

Area: Yuma

Employed on DEPT OF DEFENSE contract for Alongside Aircraft Refueling Services.

Collective Bargaining Agreement between contractor: Maytag Aircraft Corporation, and union: Communications Workers of America, AFL-CIO, CLC Local , effective 07/01/2022 through 02/28/2027.

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).

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

MAYTAG AIRCRAFT LLC

GOVERNMENT CONTRACT

SPE603-18-C-5019

AND

COMMUNICATIONS WORKERS OF AMERICA,

AFL-CIO, CLC

March 1, 2022 to February 28, 2027

With Noted Economic Articles effective July 1, 2022

THIS AGREEMENT, dated as of the 1st day of March 2022 by and between Maytag Aircraft LLC (hereinafter referred to as "the Company") and the Communications Workers of America, AFL-CIO, CLC (hereinafter referred to as "the Union").

WITNESSETH 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:

Table of Contents

Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 16 Article 17 Article 18 Article 19 Article 20 Appendix A Appendix B

LOU#1

Recognition Rights of Management Union and Company Relations Grievance Procedure and Arbitration Seniority Work Week, Hours of Work, Shifts Overtime Leave of Absence Safety Separability Miscellaneous Work Force Administration Jury and Witness Duty Short-Term Military Duty Article 15 Rates of Pay Vacations Sick Leave Holidays Group Benefits Duration Dues Authorization Card Wage Rates, Classifications and Fringe Pay Drug and Alcohol Free Work Place

ARTICLE 1

RECOGNITION

Section 1.1 The Company 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 regular full-time and regular part-time employees covered by this agreement.

Section 1.2 The Company and the Union agree that the employees covered by this agreement shall consist of the following: Truck Driver/Tractor Trailer, Truck Driver Heavy, Fuel Distribution System Operator, Motor Vehicle Mechanic, Computer Operator IV (FAS)/ Dispatcher, Fuels Accountant/BLSA Administrator, employed by the Employer within the work area at Marine Corps Air Station, Yuma, AZ.

Section 1.3 This Agreement shall be binding upon the Employer herein and its successors and assigns and no provision herein contained shall be nullified or affected in any manner as a result of any merger, transfer, assignment, or any other disposition of the Employer herein, or by any change geographical or otherwise, in the location of the Employer herein. The Employer agrees that it will not conclude any of the above-described transactions unless an agreement has been entered into as a result of which this Agreement shall continue to be binding on the person or persons or any business organization continuing the business. It is the intent of the parties that this Agreement shall remain in effect for the full terms hereof regardless of any change of any kind in management, location, form of business organization or ownership.

Section 1.4 All procedures and duties performed within the facilities that are considered duties of the Bargaining Unit, shall not be subcontracted to circumvent the conditions of this Agreement.

Additionally, no Bargaining Unit employee shall do any subcontract work to circumvent the conditions of this Agreement outside of contractual or performance obligations.

Section 1.5 Whenever the word "Employee" is used in this Agreement, it means the Employees in the Bargaining Unit covered by the Agreement.

ARTICLE 2

RIGHTS OF MANAGEMENT

2.1 Except as specifically addressed in this Agreement, the Union recognizes and agrees that the supervision, management, and control of the Company's business, operations, work force, and facilities are exclusively vested in the management of the Company. Without limiting the generality of the foregoing, the Union recognizes and agrees that the right to plan, direct, and control the Company's business, methods, operations, and work force; to hire, promote, transfer, and lay off employees; and lawfully terminate employee for just and proper cause, to demote, discipline, suspend, or discharge employees; and the right to determine the hours and schedules of work, methods, or facilities; or to introduce new or improved materials and services from such sources as deemed necessary by the Company, is vested exclusively in the management of the Company.

Further, the Company retains the sole and exclusive right to determine the levels and volumes of services; add or drop service lines; sell or lease the business; contract out services; modify and enforce practices, policies, or procedures; to determine the number and qualifications of persons employed or assigned specific jobs; to assign work to such employees; and to take such measures as management may determine to be necessary. The foregoing shall not be taken, however, as a limitation upon the rights of the Union to represent the employees covered herein under the procedures provided in this Agreement.

2.2 The above-mentioned management rights are not all-inclusive, but rather indicate the type of rights, which are reserved to management. All other rights traditionally exercised by management are also expressly reserved, even though not enumerated above. The failure of the Company to exercise any function or right reserved to management, or the exercise of any function or right in a particular way, shall not constitute a waiver of the Company's authority to exercise such right.

ARTICLE 3

UNION AND COMPANY RELATIONS

Section 3.1 Union Activity During Working Time. Solicitation of Union membership, collection or checking of dues, will not be permitted during working hours. The Company and Union agree 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 MCAS Yuma, whether predicated upon economic issues, grievances, contract violations whether real or alleged. 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.

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 N.L.R.B. and court decisions relating to Agency shop requirements. Employees have the right to join, not 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 31 ST day following the execution of this agreement or the 31 ST 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 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 of the Communications Workers of America, AFL-CIO,CLC as set forth in this Article. It is understood that Union dues/ Agency fees are due and payable on the first payday of each month. Employees must use the Union Dues / Agency Fees _Deduction Authorization and shall be deemed to have met their obligation under this Article when the Company properly deducts dues from their paycheck on the first pay period of each month.

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 pays through authorized payroll deduction 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 on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.

3.3(f) 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 such 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 deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

3.3(f) 1. Deductions shall be remitted to the Secretary-Treasurer of Communications Workers of America, AFL-CIO,CLC within ten (10) days following the first payday of each month. 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(f) 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 alphabetic order, and the reason for no deduction to the Secretary- Treasurer of Communications Workers of America, AFL-CIO,CLC at the same time the monthly dues deduction list is remitted.

3.3(f) 3. When ceasing to deduct Union dues or Agency fees for any reason, the Unit President will be notified to the stoppage within one (1) business day of the stoppage.

3.3(f) 4. Collection of any back dues owed at the time of starting deductions for any employee and collection of the dues missed because the employee's 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 deduction.

3.3(g) At the time this agreement becomes effective, the parties agree to begin to use the following Dues Deduction Authorization Card for all new dues deduction. In addition, each individual authorization card signed and dated prior to the date of the contract ratification shall, upon ratification, have it's effective date changed to reflect the ratification date and 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(h) 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(i) 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 it's obligations under the terms of this Article.

Section 3.4 International Representative- Access to Work Site. Subject to Marine Corps Air Base, Yuma, /lZ. and other national level security restrictions and requirements, the International Representative of the Union shall have access to the Company work sites during working hours for the purpose of conducting legitimate Union business pertaining directly to this for the investigation and advisement in the handling of grievances. The Union shall keep the Company Manager of Human Resources currently informed in writing of the name of the accredited International Representative. Upon advance notice of at least two days, will arrange for facility access for the International Representative during working hours. All visits by the Union will be coordinated with the Project Manager and the Project Manager may limit visits during high workload periods.

The Company will not arbitrarily preclude Union rep. visits.

3.5 Shop Stewards. A Shop Steward will represent all employees in the bargaining unit and may process a grievance only concerning matters affecting the bargaining unit. The Union may select not to exceed, except by mutual agreement, one (1) employee as a Chief Steward, and two (2) employees as Shop Stewards. The Union shall keep the Company currently informed in writing of the names of the Chief Steward and the Steward. Except as otherwise provided under the Company's Management Rights, an employee, while serving as Steward, shall not be removed from his/her job, so long as other employees remain in his/her job, and area. (This does not preclude the Company from assigning Truck Drivers/Heavy or Tractor Trailer from hot pits to driving or vice versa, or any other duties associated with Truck Driver/Heavy or Tractor Trailer work).

3.5 (a) In cases of Lay-off or a Reduction in Force (RIF). An employee, while serving as a Chief Steward or Shop Steward, shall not be surplused from his/her job classification, so long as other employees remain in his/her job classification, area and on the shift he/she is designated Chief or Shop Steward.

Section 3.6 Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance. Each 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 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. The supervisor may be present during any discussion relating to any complaint or grievance. 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.

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

3.6(a)(1) To confer with an employee and gather facts and information about an alleged complaint or grievance covering this Agreement before presentation to management.

3.6(a)(1 )(a) To investigate a complaint or grievance before presentation to management.

3.6(a)(2) 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.

3.6(a)(3) 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.

3.6 (b) By written notification to the Human Resources Manager, the Union may designate a fellow employee as a temporary Shop Steward for Stewards who are on leave of absence, vacation or out sick/personal. The regular certified Steward will assume his/her Shop Steward position upon his/her return to work at MCAS Yuma and the replacement Steward will no longer be recognized as a Steward.

3.6 (b)(1) The Shop Steward and/or Chief Steward will be provided a ten (10) minute period during the in-processing of new employees on their first day of hire.

Section 3.7 Bulletin Boards. The Union agrees to provide a bulletin board for the exclusive use of the Union at an appropriate Company designated location in the operation. 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 notice.

Section 3.8 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 request the presence of a union steward, if he believes that disciplinary action may result.

Section 3.9 Joint Meetings. This Section is intended to provide a free avenue of communication between the Union and the Company. 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. Should either party desire to discuss with the other any matter affecting 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 with mutual agreement and with consideration of operational concerns.

Section 3.10 DISCIPLINE AND DISCHARGE

3.10 All employees are required to comply with the Company's regulation, and standards of behavior and performance. The Company has established a progressive discipline policy in which it attempts to provide employees with notice of deficiencies and opportunity to improve. The Company reserves the right to discipline and discharge any employee, for just cause and the determination of just cause shall be subject to the grievance procedure of this agreement. No employee shall be discharged, except as hereinafter provided, unless he shall have been given warning notices, in writing. Such notice shall state the complaints of the Company. If a disciplinary infraction that involves safety/security, notwithstanding the language in 3.12 (c), then a suspension may occur for the first offense.

1st Offense - Verbal Warning 2nd Offense - may involve Written Warning 3rd Offense - may involve Suspension 4th Offense - may involve Discharge

3.10 (a) All formal disciplinary notices and warnings, shall be reduced to writing. Employees shall sign and receive a copy of all disciplinary notices. It shall be understood that their signature shall not be construed as an admission of guilt, but only as acknowledgement of receipt of the notice.

3.10 (b) No warning notice shall be given to an employee before he is discharged if the cause of the discharge is: for serious misconduct, such as but not limited to, disclosure of confidential trade information, theft of property, direct insubordination (refusal to take orders or refusal to work on the job assigned subject), possession of, or under the influence of alcoholic beverages or non prescribed drugs while on company property or time, (including breaks and lunch periods), falsification of Company, State or Federal documents, verbal or physical assault of fellow employees, supervisors, suppliers, Company customers, or customer's representatives while on duty or company time or premises. All official disciplinary warnings against an employee shall be in writing and a copy thereof shall be given to the Union.

3.10 (c) After a period of twelve (12) months, all written record of verbal counseling's for minor infractions shall not be valid for further disciplinary action.

Section 3.11 Just Cause

3.11 (a) An employee will have the right to a Shop Steward to be present during an investigative interview involving matters, issues or events which he/she feels may possibly lead to disciplinary action.

3.12 (b) In all cases where disciplinary actions are given to employees, the Chief Steward will be provided with a copy of said actions.

3.12 (c) 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 that 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.

ARTICLE4

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 cases of suspension or dismissal for cause or of involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance procedure.

Section 4.2 Employee Grievances. In the case of grievances on behalf of employees and subject to the further provisions of Section 4.3 below, relating to cases of layoff or suspension or dismissal for cause or involuntary resignation:

STEP 1. Oral Discussion. The employee first shall discuss his grievance with the Steward and if the Steward considers the grievance to be valid the employee and the Steward will contact the employee's supervisor and will attempt to reach a settlement of the complaint within 7 workdays of the occurrence or discovery of the alleged grievance. This procedure, however, will not prevent an employee from contacting his supervisor 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.

STEP 2. Grievance Reduced to Writing. Handling at Supervisory Level. If no settlement is reached in Step 1, the Steward may within 7 workdays reduce to writing a statement of the grievance or complaint to which the shop steward must sign and it shall contain the following:

(a) The facts upon which the grievance is based and the date of occurrence or discovery of the alleged grievance.

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

(c) The remedy sought. The Steward shall sign and submit the written statement of grievance to the supervisor for his consideration, with a copy to the designated representative of the Company.

After such submission, the supervisor and the Steward may, within the next 7 workdays, unless mutually extended, settle the written grievance and, over their signatures, indicate the disposition made. Upon the expiration of such 7 workday period, or agreed extension, the supervisor 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 and Company Director of Business Operations Level. If no settlement is reached in Step 2, the International Representative or his designee will submit the grievance to the Company's Director of Business Operations within the specified or agreed upon time limits. After such submission, the Director of Business Operations and the International Representative or his designee may, within the next ten (10) workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made.

Otherwise, promptly after the expiration of such ten (10) 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. Written Grievance Handling at International Representative and Company President Level.

If no settlement is reached in Step 3 within the specified or agreed time limits, the International Representative or his designee may at anytime thereafter submit the grievance to the Company's President. After such submission, the designated representative of the Company and the International Representative or his designee may, within the next ten (10) workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made.

Otherwise, upon the expiration of such ten (10) day period, or agreed extension thereof, the President 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 5. Mediation: If no agreement has been reached within ten (10) working days, per Step 4, either party may submit the grievance or dispute to the Federal Mediation and Conciliation Service (FMCS) for resolution upon the expiration of the ten (10) working days.

STEP 6. Arbitration: If federal mediation is unsuccessful in resolving the grievance, it may be presented for Arbitration to the American Arbitration Association upon the expiration of the ten (10) working days.

Precedents. A final decision, made with respect to any grievance on the first or second step, shall apply to all similar grievances and shall become a binding precedent in the case of other grievances. All settlements must be consistent with the terms and conditions of this Agreement.

Section 4.3 Suspensions, Dismissals, Layoff, etc. With the exception of the below list of non grievable terminations, in cases of layoff, dismissal 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 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 ten (10) workdays after the date of layoff, suspension or dismissal for cause, or involuntary resignation, or within ten (10) workdays after the date of the mailing of the copy of the slip. The written grievance then may be processed through subsequent steps.

No warning is required, and discharge may be immediate in cases, which include, but are not limited to, the following:

Drunkenness or under the influence of drugs on the job or when reporting to work.

Fighting on the job.

Insubordination.

Leaving the job without relief or permission.

Negligence resulting in major or costly damage.

Stealing Company or Government property or using without permission, unless work related.

An employee is absent for three (3) days without previously notifying the Company, except in cases of justifiable extenuating circumstances.

An employee fails to return to work within five (5) calendar days of notice of recall given by the Company or by Registered or Certified mai_l.

An employee overstays a leave of absence without notifying the Company, except in cases of justifiable extenuating circumstances as determined by the Company.

An employee engages in other employment during a leave of absence without obtaining prior permission of the Company.

An employee gives false reasons for obtaining a leave of absence.

An employee loses his clearance or other "condition of employment" certification or qualification, such as a CDL.

An employee has been in layoff status or is absent because of sickness or injury or similar cause for more than twelve (12) months; extension may be granted upon written request.

An employee who causes sabotage, theft, inflicting or the intent to inflict bodily harm on another employee or agent of the Company or other job-related personnel that is not in performance of the job.

Sleeping on the job.

A significant safety violation as determined by the Company or the Government.

A part time, call-in employee repeatedly refuses to accept a shift. (See Article 6, Section 6.3)

Section 4.4 Union Versus Company. Processing of grievances which 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 grievance 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 ten (10) workdays (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 upon the expiration of (10) workdays and that no settlement has been reached. If desired, the grievance steps following Step 3 may be implemented by Union provided each step is followed and not skipped.

Section 4.5 Retroactive Compensation. Grievance claims properly submitted under the provisions of Article 4 involving retroactive compensation shall be limited to thirty (30) calendar days; prior to the written submission of the grievance to Company representatives, provided, however, that 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 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 6 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 ag.reement, in the presence 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. Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent. No step of the grievance process can be skipped and if the stipulated timeframes are not met the grievance will be considered resolved and may not be reopened or re-grieved.

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 may be held during working hours on a not-to-interfere basis with the performance of the Government contract.

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, and in most cases does, increase the worth of an employee to his employer, and that length of service should be one criterion in receiving recognition in case of promotion. Both parties further agree, that the principle of seniority, where qualifications, productivity and dependability are reasonably equal, provided that an employee is not considered to be in a "disciplinary measure" (as defined in Section 5.5), 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 one-hundred and twenty (120) 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 one-hundred and twenty (120) days prior to the completion date of his probationary period.

5.1(b) During such one-hundred and twenty (120) day period, probationary employees may be laid off or terminated at the discretion of the Company. It is understood those employees hired 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, who, as of the effective date of this agreement, is in the unit defined in Article 1, Recognition, on authorized leave of absence from the unit or acting in a supervisory capacity over employees in the unit shall be in conformance with the date carried on the Company's service records. 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.

Section 5.3 Employees With Identical Seniority Dates. When two or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) digits of one's social security number 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, w~ile they remain in a supervisory position;

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

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

5.4(e) Time lost by reason of industrial injury, or industrial illness incurred during employment as part of this CBA and with the Company 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 (1) year., 5.4(i) Part-time Employees will accrue seniority on a pro rata basis; two (2) years part-time equals one (1) year full-time.

Section 5.5 Promotion and Transfers. It is the preference of the Employer to promote from within the Bargaining Unit based on the skill and ability necessary to do the work and every effort will be made to promote from within. However, nothing contained herein precludes the Employer from hiring outside the existing organization. It is understood that the Employer only will decide from the Employees, who submit job bids for promotions, based on the job qualifications and job performance. Where Employee qualifications and job performances are determined to be equal, seniority shall be the determinant, as long as an employee is not considered to be in a disciplinary status. Employees who are pending or undergoing disciplinary measures (e.g., a suspension, or a performance improvement period) imposed as a result of an official Company counseling action, regardless of seniority, does not have to be considered for promotion.

5.5{a) Posting - The Employer will announce job openings and will post the openings for a period of five (5) work days, unless due to unusual circumstances the Employer needs to fill the slot earlier, in which case, the positions may be filled temporarily pending the outcome of the posting.

The successful bidder must have the skill and ability necessary to perform the duties of the job being bid; however, when the Employer determines two or more Employees not pending or undergoing disciplinary measures who bid for a job are equally qualified and their job performance is equal, then seniority shall be the determining factor.

5.5{b) Bidding -Employees desiring to bid on a job vacancy may do so by submitting a completed Job Posting Application prior to the close of the posting period. Copies of the completed applications may be made available to the designated steward for inspection to ascertain who bid on available positions but not to challenge hiring process or individual qualifications.

5.5{c) Advance Bidding - An Employee who desires a transfer or promotion shall notify the Employer by submitting an advance Job Posting Application for the desired job classification. The Job Posting Application will be maintained in the Employer's office. Advance bids will be considered with the bids submitted at the time of the posting.

5.5(d) The bidding Employees shall be notified as to the bid results.

ARTICLE 7

WORK WEEK, HOURS OF WORK, SHIFTS

Section 6.1. Workweek. The work week for full-time Employees shall consist of forty (40) hours per week for five (5) consecutive days.

Section 6.1 {a} Regular full-time and regular part-time Employee. A full-time Employee is an Employee who regularly works forty (40) or more hours per week on a regular recurring basis throughout the year. Part-time Employees work a regularly scheduled workweek and less than forty (40) hours per week on a regular recurring basis throughout the year.

Section 6.2 Starting Time. The starting time of the various shifts and work hours will be determined by Management given Contract Performance Work Statement (PWS) requirements.

6.3 Part-time Call-in . The Company shall meet its part-time requirements by calling, on a rotating basis, part-time employees who normally perform the work by seniority, qualifications and disciplinary status. The part-time employee must respond within fifteen (15) minutes to accept the shift. In case of an urgent emergency or evening notification (evening notification constitutes the hours of 6pm to 6am), the response time will be reduced to five (5) minutes. In the event that there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work. The calls will be logged and the record maintained and made available to the Union upon request. Any part-time, call-in employee who does not make themselves available to take a shift (different days and/or different shifts) upon five (5) consecutive attempts will be discharged.

ARTICLE 7

OVERTIME

Section 7 .1 Overtime. The Company will attempt to meet its overtime requirements on a voluntary basis among the employees who normally perform the work on a straight time basis by seniority, qualifications, and disciplinary status; however, in cases of selective overtime, new hires or rehires may be excluded for the one-hundred and twenty (120) 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.

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

Section 7.3 Overtime Calculation. Overtime shall be paid at one and one-half (1.5) times an employee's base rate, for all hours worked in excess of forty (40) hours in the workweek.

7 .3(a) There shall be no pyramiding of overtime pay or any other differential.

7.3(b) Overtime, to the maximum extent possible, will be rotated by seniority among qualified Employees.

7 .3( c) The Overtime calls will be logged on a record log to be maintained and made available to the Union upon request.

7 .3( d) If an emergency exists, the Employer shall offer the overtime to those qualified Employees currently on the time clock by seniority.

7.3(e) No Full Time Employee shall have his/her schedule changed during the actual workweek to avoid the payment of overtime.

Section 7.4 Wage Payment Basis. Employees shall be paid for time worked computed to the nearest 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 Article 17, Sick Leave,) may be granted to an employee on the active payroll.

8.1(a) In case of accident or illness, and under the guidelines and terms of the Family Medical Leave Act (FMLA), 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, and under the guidelines and terms of the FMLA, 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) For the period of time necessary to serve in the Armed Forces of the United States.

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 ten (10) days provided the Union notifies the Company in writing seven (7) days in advance and receives concurrence from the Project Manager or his designee. No more than two (2) employees 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.

8.1(e) 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 (f) Requests for leaves of absence must be made in writing to the Company and specify the reason for the absence.

Section 8.2 Return from Leave of Absence. An employee who applies for return from leave of absence on or before the expiration date of his leave will be returned in accordance with the following:

8.2(a) When an employee returns from a leave of absence that was granted due to industrial injury or industrial illness and is medically able to perform the job which was last held, 8.2(a)(1) The employee will be returned to that job if this does not conflict with Article 12, Workforce Administration, 8.2(a)(2) If this does conflict with Article 12, Workforce Administration, the employee will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to procedures with Article 12, Workforce Administration.

8.2(b) When an employee returns from a leave of absence described in paragraph 8.1(a) and is not able to perform the job last held due to medical limitation, he will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to Article 12 procedures

8.2(c) When an employee returns from a leave of absence that was granted due to non-industrial injury or illness incurred working under…