Attachment_0034_-_NTC_Collective_Bargaining_Agreement_2.PDF

DYNCORP INTERNATIONAL

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 25

LOGCAP - BRIDGE AGREEMENT

NATIONAL TRAINING CENTER

FORT IRWIN, CA

1 JUNE 2017 – 31 MAY 2019

TABLE OF CONTENTS

TABLE OF CONTENTS ……………………………………………………………………………………………………….. 0i

PREAMBLE ………………………………………………………………………………………………………………………. 01

INTENT AND PURPOSE …………………………………………………………………………………………………….. 01

UNION RECOGNITION ……………..………………………………………………………………………………………. 01

UNION MEMBERSHIP CHECK-OFF …………………………………………………………………………………… 02

MANAGEMENT RIGHTS …………………………………………………………………………………………………… 02

SENIORITY ………………………………………………………………………………………………………………………… 03

UNION ACCESS …………………………..…………………………………………………………………………………….. 05

UNION STEWARDS ……………………………………………………………………………………………………………. 06

GOVERNMENT REQUIREMENTS AND SECURITY ……………………………………………………………….. 07

DISCHARGE AND DISCIPLINE/ABSENCE FROM WORK………………………………………………………… 08

GRIEVANCE PROCEDURE AND ARBITRATION …………………………………………………………………….. 9

HOURS OF WORK AND OVERTIME …………………………………………………………………………………….. 011

PAID PERSONAL TIME ………….……………………………………………………………………………………………. 016

JURY DUTY …………………………………………………………………………………………………………….………… 017

BEREAVEMENT LEAVE ……………………………………………………………………………………………………… 17

WAGES AND CLASSIFICATIONS …………………………………………………………………………………………. 18

GROUP INSURANCE…………………………………………………………………………………………………………… 18

LEAVES OF ABSENCE ………………..………………………………………………………………………………………. 24

NO STRIKES OR LOCKOUTS ……………………………………………………………………………………………….. 26

BULLETIN BOARDS ……………………………………………………………………………………………………………. 26

EFFECT OF LAW …………………………………………………………………………………………………………….…. 27

SAFETY AND EQUIPMENT ………………………………………………………………………………………………… 27

GENERAL PROVISIONS …….………………………………………………………………………………………………. 28

NON DISCRIMINATION …………………………………………………………………………………………………….. 28

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MACHINISTS CUSTOM CHOICE WORKSITE BENEFIT PROGRAM ……………………………………….. 29

MNPL PAYROLL DEDUCTION ……………………………………………………………………………………………. 29

DURATION ……………………………………………………………………………………………………………………….. 30

DISCIPLINARY ACTION………………………………………………….…………………………………………………… 31

ALCOHOL AND DRUG FREE POLICY APPENDIX A ………………………………………………………………. 33

ii

PREAMBLE

This Agreement is made and entered into this 1st day of June 2017 by and between DynCorp International

LLC (hereinafter referred to as the Company) and the International Association of Machinists District

Lodge No. 725, Local Lodge No. 25 (hereinafter referred to as the Union).

ARTICLE 01.00.00 INTENT AND PURPOSE

01.01.00 It is the intent and purpose of the Company and the Union to set forth herein the entire

Agreement with respect to wages, hours, and working conditions as related to the government contract covered by this Agreement.

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

01.03.00 It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions;

and to provide a fair and prompt grievance procedure for the peaceful settlement of employee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this

Agreement.

ARTICLE 02.00.00 UNION RECOGNITION

02.01.00 The Company recognizes the Union as the sole and exclusive representative for the purpose of Collective Bargaining with regard to wages, hours, and terms and conditions of employment in accordance with Section 9(a) of the National Labor Relations Act, as amended, for Full-Time and Part-

Time hourly employees of the Company, employed at the Fort Irwin Project on contract number Contract

Number W52PP1J-07-D-0007 and its successor contracts.

Included: All full-time Tactical Vehicle Operators certified on 3 October 2016 in NLRB

Case #31-RD-182526.

Excluded: Office Clerical employees, Managerial employees, Professional Employees, Guards and Supervisors as defined in the Act, as amended. In contract negotiations between the Parties on January 15, 2017 the Parties mutually agreed that the Lead

Tactical Vehicle Operators would no longer be included in the represented group of employees.

ARTICLE 03.00.00 UNION MEMBERSHIP CHECK-OFF

03.01.00 All employees covered by this agreement shall, as a condition of continued employment, become and remain members of the Union in good standing during the term of this agreement or pay an agency fee to the Union equal to the amount of monthly dues. All new employees covered by this agreement shall, as a condition of employment, become members of the Union immediately after thirty

(30) calendar days of employment or pay an agency fee to the Union equal to the amount of monthly dues, and remain in good standing during the term of this agreement.

03.02.00 The Union will make membership in the Union available to all employees covered by this agreement on the same terms and conditions as are generally applicable to other members of the Union, and further, demands for termination of employment will not be made for reasons other than failure of an employee to tender the periodic dues and fees uniformly required as a condition of acquiring or retaining membership in the Union. Upon receipt of authorization signed by the employee, the Company shall deduct from the employee's pay the initiation or reinstatement fee and monthly dues payable by him to the Union, in an amount as directed by the Union for the period specified, so long as he remains in the bargaining unit. The deductions listed above will be made from the employee’s bi-weekly pay and paid to the Union monthly.

03.03.00 Such payroll deductions shall be remitted to the location as designated by the District

Lodge 725 by the fifteen (15th) of the month following the month the payroll deductions are made. The

Company shall furnish to the Financial Officer of the Union monthly, a record of those from whom deductions have been made and the amounts of the deduction.

03.04.00 The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article.

ARTICLE 04.00.00 MANAGEMENT RIGHTS

04.01.00 Except to the extent expressly abridged by a specific provision of this Agreement, the

Company reserves and retains, solely and exclusively all of its Common Law rights to manage the business.

The sole and exclusive rights of management which are not specifically abridged by this Agreement shall include but are not limited to its right to determine the existence or nonexistence of facts which are the basis of a management decision; to determine prices of products and services, levels of service, volume of production, methods of financing; to drop a service or product line; to sell or lease the business or modify policies, practices or procedures; to determine and from time to re-determine the number, location, relocation and types of its operation, and the methods, materials, equipment and facilities to be employed; to discontinue services or operations or to discontinue the performance of such services or operations by employees of the Company; to utilize suppliers and subcontractors; to determine the number of hours per day or per week services or operations shall be carried on; to select and to determine the number and qualifications of persons to be employed or assigned specific jobs; to assign work to such employees in accordance with the requirements determined by management; to establish and change work schedules and assignments; to transfer, promote or demote employees or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to determine the fact of lack of work; to make and enforce reasonable rules for the maintenance of discipline, security and safety; to suspend, discharge or otherwise discipline employees for just cause and otherwise to take such measures as management may determine to be necessary for the orderly and efficient operation of the business.

04.02.00 The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing rights which do not conflict with the provisions of this Agreement and nothing in this Article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management, including the right to make such agreements and enter into such agreements as may be necessary to the successful operation of its business.

04.03.00 The management rights expressed in Articles 04.01.00 and 04.02.00 above shall not be deemed to limit any rights of the Union contained in this Agreement.

04.04.00 All predecessor contractor past practices and all past practices prior to the date of this

Agreement are hereby null and void and shall not constitute a precedent in the enforcement of the terms and conditions set forth in this Agreement.

ARTICLE 05.00.00 SENIORITY

5.01.00 Bargaining Unit Seniority ( seniority) is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of the Mission Support Services Contract (MSSC) at Fort Irwin. Employees hired on or after June 1, 2017 will establish their seniority from date of hire into the bargaining unit.

• “Continuous Service Date” of an employee is the length of his/her continuous service on the MSSC at Ft. Irwin, including time spent with predecessor Companies on the MSSC.

• Bargaining Unit Seniority dates of current employees will be provided to the Union annually on 1

June or upon written request.

• Employees transferring into the bargaining unit will establish their bargaining unit seniority date upon the date of transfer into the bargaining unit.

5.02.00 For the purpose of seniority, employees hired on the same calendar day shall be in alphabetical order of surname, and if surnames are identical, in alphabetical order of initials. In the event that employees change their surnames after their hire date, their surname at the time of hire will be used for purpose of this section.

5.03.00 An employee shall lose their Bargaining Unit Seniority and employment with the Company will be terminated under the following conditions:

a) Resignation

b) Discharge for just cause

c) Failure to respond to recall notification within five (5) calendar days after notification by the Company to return to work. It shall be the responsibility of the employee to keep the Company advised of his current address.

d) Failure to be recalled from Layoff within twelve (12) months.

e) Accepting other employment while on an approved Leave of Absence without the prior permission of the Company, or acting in a manner inconsistent with the conditions of the leave.

f) Absence of three (3) consecutive work days without authorization or reporting to the

Company, unless it is later proven that the employee was incapacitated and unable to contact the Employer by phone due to circumstances out of the control of the employee, or the employee is on FMLA/CRFA/Worker's Compensation leave.

g) Retirement

h) Settlement of a Worker's Compensation claim for total permanent disability or one (1) year on workers compensation leave, whichever is earlier.

5.04.00 Each new employee shall serve a probationary period of ninety (90) days. If the Company determines in its sole discretion that a probationary employee is not performing in a satisfactory manner, his employment may be terminated at the Company’s sole discretion without resort to the grievance procedure. Time spent on any leave under this Agreement will not count towards the completion of the probationary period of the employee.

5.05.00 An employee who leaves employment with the Company because his work is transferred to another employer at the NTC, Ft. Irwin California and subsequently returns to employment with the

Company in a bargaining unit position will have his Company and bargaining unit seniority restored.

5.06.00 A seniority list shall be posted by the Company within thirty (30) days after execution of this Agreement and shall set forth the seniority dates of each employee. Such list shall be revised and brought up to date quarterly thereafter. An employee who disputes her or his seniority date must do so within fourteen (14) calendar days.

5.07.00 Layoffs - In the event that the Company determines there is a need to reduce the work force, it will retain the most senior qualified employee(s) in the affected job classification(s).

5.07.01 Employees will be given two (2) weeks' written notice of layoff, or pay in lieu of notice, at the discretion of the Company.

5.07.02 In the event that the Company establishes additional job classifications, employees selected for layoff may elect to bump into a lower rated classification which they have previously held within the bargaining unit based on Bargaining Unit Seniority, provided that the employee does not have a documented record of unsatisfactory performance. The employee will inform the Company of his election to bump within three (3) calendar days following his receipt of his notice of layoff.

5.08.00 Recall - In the event the Company decides to increase the workforce and does not fill the job opening through job posting, the most senior qualified employee from the job classification in which the Company is hiring will be recalled first. If the Company cannot meet its needs through the recall within a job classification, it will recall employees with Bargaining Unit seniority outside that classification who are qualified using the criteria described above.

5.08.01 The Company will send recall notices by certified mail to the employee's last address of record. The employee has five (5) calendar days after receipt of the notice to accept reemployment and must commence work no later than two (2) weeks after acceptance.

5.09.00 Training - When the Company assigns employees to attend training, including attending seminars, lectures, and other group information training sessions, all hours spent in actual seminars, lectures, training sessions, etc., shall be considered as time worked. Travel time to attend training at an out-of-town location will be considered as time worked except for travel to and from temporary lodging to the training facility. Employees shall not suffer any reduction in hours normally paid for that work week.

5.10.00 The Company will determine the types of training needed, the number of employees to be trained, and will arrange such training. Employees will be considered for training in accordance with the employee's skills, prior performance, expressed interest, seniority and Company's needs. In cases where these factors are equal the training will be offered based on Bargaining Unit Seniority.

5.11.00 Temporary Assignments - In order to provide maximum stability to insure the even flow of operations, the security of all employees, and minimize the possibility of layoffs, the Company may temporarily assign or upgrade employees to areas within such employee's Division/Branch/Sect ion, and where not possible, temporarily assign or upgrade employees to other Divisions within the Company as the work load dictates for up to ninety (90) calendar days. It is agreed that the ninety (90) calendar-day period may be waived by mutual agreement between · the Company and the Union.

05.12.00 When a temporary assignment or upgrade is required within a Section in a given classification, the Company shall offer that assignment or upgrade to the most senior qualified employee in that job classification desiring to work shift assignment or upgrade. However, in the event no qualified employee desires to work the assignment or upgrade, it shall be the prerogative of the Company to require the least senior qualified employee(s) to perform that assignment or upgrade.

05.13.00 When making temporary assignments or upgrades to other Sections, Branches or

Divisions, the Company shall ask for volunteers by seniority within the classification. Failing enough volunteers, it shall be the prerogative of the Company to require the junior qualified employee(s) to perform the assignment or upgrade.

ARTICLE 06.00.00 UNION ACCESS

06.01.00 Accredited representatives of the Union shall have maximum access permissible under applicable security regulations to the appropriate areas of the Ft. Irwin base during working hours for the purpose of conducting Union business pertaining to the provisions of this Agreement. Before doing so, the Union Representative (s) shall report to the Project Manager or other authorized Company

Representative who shall permit said Representative(s) to enter the Company's premises. Such visits will not interfere with the normal conduct of the Company's operations, and shall be at reasonable times and intervals. It is understood that all arrangements for visits of the accredited representatives of the Union shall be made through the Project Manager no later than 24 hours prior to the start of the visit unless otherwise mutually agreed upon.

ARTICLE 07.00.00 UNION STEWARDS

07.01.00 The Company recognizes the right of the Union to designate, one (1) Steward and one (1)

Alternate Stewards per shift from the Company’s seniority list.

07.02.00 The Union agrees to supply the Company in writing, and shall maintain with the Company on a current basis, a complete list of all Union Stewards. A current list of Stewards may be posted on Union bulletin boards.

07.03.00 The authority of the Stewards so designated by the Union shall be limited to and shall not exceed the following duties and activities:

07.03.01 The investigation and presentation of grievances to the Company or the designated

Company representative in accordance with the provisions of this Agreement,

07.03.02 Or other duties authorized under this Agreement

The Company will permit the Union Steward(s) to take reasonable and necessary time with pay during their work hours before or after a mission and while both the Steward and employee(s) are not otherwise assigned work duties to permit the Steward(s) to engage in these activities. The Union will take reasonable actions to ensure that Stewards engage only in those activities that are authorized by this Agreement.

07.04.00 Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has a complaint or grievance may discuss the matter with the employee’s Steward. The necessary time shall be scheduled as far in advance as practical to minimize interruptions to work. When a Steward finds it necessary to engage in activities under this Article, the Steward shall request permission from the

Steward’s Lead/Supervisor. In each instance, the Lead/Supervisor's permission will be granted unless compelling work commitments dictate otherwise. If permission is denied, the Lead/Supervisor will establish an alternate time at which the Steward can contact the employee(s). Upon completion of these activities, the Steward shall promptly report to the Lead/Supervisor that he has completed them.

07.05.00 There shall be no solicitation of complaints or grievances.

07.06.00 Alternate Stewards may perform these duties only when the Steward is unavailable.

07.07.00 Except as provided in this Article and Article 10, it is agreed that the Company shall not be required to pay a Steward or an employee for any time that the Steward or employee is away from work or otherwise serving the Union in any capacity. A Steward or employee who engages in such activity shall record such time in accordance with time reporting procedures. If an authorized Company representative requests an employee or Union Steward to attend a meeting, (other than activities associated with the Grievance and Arbitration Procedure in Article 10), the employee or Union Steward may be provided with a paid account to charge the time spent in such meeting.

ARTICLE 08.00.00 GOVERNMENT REQUIREMENTS AND SECURITY

08.01.00 The Parties hereto jointly recognize that the Company is a contractor to the U. S.

Department of the Army, Fort Irwin, and must comply with the security requirements and directives of its

Contracting Officer. Should the Fort Irwin Contracting Officer, Base Command or any other authorized representative of the Armed Forces direct that any employee(s) be removed from any or all work on this contract, such employee(s) will be laid off without the advance notice provision in Article 6. In the event that the government’s direction is reversed within six (6) months of employee's layoff, he will be eligible to be recalled to a vacant position for which he is qualified and shall retain his original seniority date. The employee will be eligible for recall for only six (6) months following his layoff. If the employee declines an offer of recall, his recall rights shall terminate. If an employee is removed, the Company shall provide to the Union, at its request, documents relevant to the removal; the Company's compliance with those directives shall not be subject to the Grievance Procedure except as to the fact of the action having been taken at the direction of the Government, Fort Irwin Contracting Officer, Base Command or any other authorized representative of the Armed Forces.

08.02.00 In the event, however, that a review, duly made by the appropriate governmental authority, shall result in a reversal of the original ruling, the employee shall be permitted to displace a less senior employee in the job classification from which the employee was removed in accordance with the employee's seniority. Such employee shall not receive payment for wages or benefits lost during the period of removal from work.

08.03.00 The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations when performing work for the Government. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the Government to have the information.

08.04.00 It is further understood that if a security clearance is required in order to perform the work covered by this Bargaining Unit, that such security clearance shall be a condition of continued employment with the Company. Such employees shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States Government. A denial or withdrawal of such clearance by such governmental agency shall be grounds for termination of employment.

08.05.00 Government Furnished Equipment – In the course of their employment with the

Company, employees at Fort Irwin are furnished, and work with, U.S. Government and/or Company furnished vehicles, tools, equipment, property and materials. Each employee is required to take reasonable care and exercise safekeeping of the vehicles, tools, equipment property and materials they work with, and to promptly notify the Company of any damage to, or defects in such equipment, property and materials.

08.06.00 Licenses and Certifications - It is understood and agreed that if a license(s) or certification(s)is required in order to perform work covered by this Agreement, such license(s) or certification(s) shall be a condition of continued employment.

ARTICLE 9.00.00 DISCHARGE AND DISCIPLINE/ABSENCE FROM WORK

9.01.00 The Company may discipline or discharge employees for just cause. Should an employee feel such action improper, the employee shall then be extended all the rights and privileges accorded by the grievance and arbitration procedures contained herein provided the employee has completed the probationary period defined in Article 05.04.00.

9.01.01 A disciplinary notice shall be removed from an employee’s file if it has been found through the grievance procedure to have been unjustifiably issued. Disciplinary notices issued for just cause shall be removed as follows:

9.01.01.1 Verbal Warning – Such constructive counseling with an employee is not considered a disciplinary notice.

9.01.01.2 Written Warning- This is considered the first step in normal progressive discipline and will be removed from the employee’s disciplinary file after a period of eight (8) months from the date of issue

9.01.01.3 Suspension – Letters of Suspension will be removed from an employee’s disciplinary file after a period of twelve (12) months from the date of issue.

9.01.01.4 Discipline for inappropriate conduct or acts of violence will not be eligible to be voided or removed from the employee's file.

9.01.01.4 If an employee is laid off and recalled, the time spent on layoff will not count toward the voiding and removal of any discipline.

9.02.00 Any disciplinary notice issued to an employee by the Company shall be issued within five

(5) working days following knowledge by the Company of the occurrence of the alleged violation and such warning notice is subject to challenge by the Union or employee to whom the notice is issued in accordance with Article 11.00. Requests for extensions will not be unreasonably denied.

9.03.00 In all cases where written warning notices are given to employees, the area Steward or

Chief Steward will receive a written copy of said notices.

9.04.00 Employees shall not leave work prior to the completion of their scheduled hours without prior permission from their Supervisor. Exceptions will be made for emergency situations.

9.05.00 Employees shall not be absent from work without prior permission from their Manager except for illness, injury or other reasons beyond the control of the employee. It is the duty of every employee who, for any reason, will be absent from work for a scheduled work shift or who expects to report for work late to notify their Manager as far in advance of the scheduled starting time as possible.

The employee will provide the contact point the reasons for such tardiness or absence, the anticipated time or date of return and phone number (if possible) where they may be reached. Authorization of such tardiness or absence shall be determined by the Manager.

9.06.00 An employee who is absent from work for a period of three (3) consecutive workdays without proper cause or an employee who is absent from work for a period of three (3) consecutive workdays without reporting the reason for such absence shall be considered as having resigned without notice.

9.07.00 Employees shall be given a copy of disciplinary notices. If the employee is not available, copies of the notice will be sent to employees at their last known address and to the Union office.

Employees shall have the right to appeal the action shown on the notice provided the Union files a written grievance with the designated representative of the Company in accordance with the grievance Article in this Agreement.

9.08.00 Progressive discipline will be used except in severe violations that allow for immediate termination of employment.

ARTICLE 10.00.00 GRIEVANCE PROCEDURE AND ARBITRATION

10.01.00 It is the intent of the parties that this Article shall set forth the exclusive means to resolve any dispute involving the application or interpretation of the terms and provisions of, or alleged violations of this Agreement, unless otherwise provided in this Agreement. It is the parties' intent that all such disputes shall be resolved promptly at the job level by conference between the Lead/Supervisor and the employee involved, provided that the Steward has been given an opportunity to be present at the conference. If not resolved at this informal level, a formal written grievance ("grievance") shall be filed.

The grievance shall contain a statement of the dispute and all the facts known at the time upon which it is based, approximate time and date of the event(s) that gave rise to the dispute, the Article and section of this Agreement alleged to have been violated and the action, remedy or adjustment sought. In a grievance filed on behalf of individual employee(s), the grievance shall be signed, by the affected employee(s) or by a Union representative. Grievances shall be filed and processed according to the steps and time limits specified in this Article, provided that any time limit in this Article may be extended by mutual agreement of the parties.

10.02.00 Grievances

10.02.01 Step 1. The employee involved shall first confer with his Lead/Supervisor in order to amicably settle the matter within seven (7) calendar days of the occurrence, or the discovery, of the event that gave rise to the grievance, whichever occurs later, in order to resolve the matter promptly and informally, provided that the Steward has been given the opportunity to be present. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work.

A grievance involving a disciplinary suspension or a discharge, or one which affects a group of employees may be initiated by the Union under or advanced immediately by the Company to Steps 2 or 3 below.

10.02.02 Step 2. If the dispute is not settled/resolved/addressed at Step 1, a Union representative may submit a grievance to Step 2 by reducing it to writing as described above and submitting it to the Branch Manager within ten (10) calendar days of the conclusion of Step I or the event that gave rise to the grievance, whichever occurs later.

The Branch Manager, or designee, and the Steward shall discuss the grievance at a mutually agreeable time and place, but no later than twenty (20) calendar days after the grievance has been received, and attempt to resolve the dispute. The Company will pay for the Steward's time to attend the Step 2 meeting.

If the parties are unable to resolve the dispute, the Branch Manager shall submit a written response to the Union representative within twenty (20) calendar days of the discussion.

10.02.03 Step 3. If the dispute is not settled/resolved at Step 2, the Union may submit the grievance to Step 3 by submitting it to the Program Manager within ten (10) calendar days of the decision at Step 2. The Program Manager and the Chief Steward

(may be accompanied by the Business Representative) shall discuss the grievance at a mutually agreeable time and place, but no later than twenty (20) calendar days after the grievance has been received in an attempt to resolve the dispute. The Company will pay for the Steward's time to attend the Step 3 meeting.

If the parties are unable to resolve the dispute, the Program Manager shall submit a written response to the Union representative within twenty (20) calendar days of the discussion.

10.02.04 Step 4. If the dispute is not settled/resolved at Step 3, the Union may submit the grievance to Step 4 by submitting it to the Company’s Labor Relations Director within ten (10) calendar days of the decision at Step 3.

The Company's Labor Relations Director and the Union's Business Representative will meet, in person or by telephone conference, within twenty (20) calendar days of receipt of the Step 3 submission. If the parties are unable to resolve the dispute, the Human

Resources Director shall submit a written response to the Union representative within twenty (20) calendar days of the discussion.

10.03.00 Failure to submit or advance the grievance in a timely manner shall terminate that grievance and relieve the Company of any responsibility to provide a remedy for the alleged violation.

10.04.00 In the event that the Company fails to comply with time limits in this Article, the grievance shall be automatically advanced to the next step.

10.05.00 Arbitration

10.05.01 If a grievance is not resolved in Step 4, the Union may submit, within thirty

(30) calendar days following the date of the Company's Step 4 response, written notice to the Company's Labor Relations Director, with a copy simultaneously sent to the

Federal Mediation and Conciliation Service, of its intent to arbitrate the grievance.

Failure to submit the grievance to arbitration in a timely manner shall terminate that grievance and relieve the Company of any responsibility to provide a remedy for the alleged violation.

10.05.02 The arbitration proceeding including the selection of the Arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation

Service. The arbitration will be held at a mutually agreed location in the immediate vicinity of Fort Irwin.

10.05.03 The authority of the arbitrator will be limited to determining questions directly involving the interpretation or application of the Agreement, and the arbitrator shall have no right to amend, modify, nullify, ignore, subtract from, add to, or to change any provision of this Agreement or an existing wage rate in this Agreement. The arbitrator may award back pay and/or any other make-whole remedy made by the arbitrator, provided that the arbitrator shall not award punitive or compensatory damages and the Company shall not be liable for, nor shall the arbitrator award, any back pay or other monetary damages covering a period prior to ten (10) calendar days preceding the filing of the Step 2 grievance. The award of the arbitrator shall be final and binding on the Company and the Union and the affected employee(s).

10.03.04 Each party will pay the costs for its representatives(s), grievant/employee(s) or witness(es) to attend the grievance and/or arbitration processes, provided that the Company will pay one day's pay to the a Steward to attend the arbitration hearing.

10.03.05 All fees and expenses incurred by the Arbitrator shall be shared equally between the

Parties.

10.03.06 In cases of cancellation or postponement of an arbitration hearing, the Parties will share equally the costs of the cancellation and/or postponement fees. In cases where such action is the result of a compromise settlement or other agreement of the parties, the fees and costs of the Arbitrator shall be shared equally by the parties (unless otherwise agreed upon). No more than one (1) grievance shall be submitted to the same Arbitrator, unless mutually agreed to.

ARTICLE 11.00.00 HOURS OF WORK AND OVERTIME

11.01.00 A normal work day consists of consecutive hours of work exclusive of a meal period of a minimum of sixty (60) minutes. The Company shall be free to establish work schedules of:

- 4 days, 10 hours per day, and/or

- 5 days, 8 hours per day

11.02.00 The workweek for overtime and payroll purposes shall consist of seven (7) consecutive days as scheduled by the Company beginning at on Friday 12: 00 am and running through the following

Thursday at 11:59 pm.

Within each workweek, the Company will establish regular work schedules for employees.

11.03.00 The Company will assign each employee a regular work schedule. The regular work schedules are:

a) Shift - Sunday through Wednesday (4 days, 10 hours per day)

b) Shift - Wednesday through Saturday (4 days, 10 hours per day)

c) Shift – Sunday through Thursday (5 days, 8 hours per day)

d) Shift – Tuesday through Saturday (5 days, 8 hours per day)

Subject to the provisions of 12.03.01 and .02, the Company may change the regular work schedule.

11.03.01 New Permanent Work Schedules - If the Company desires to implement a new permanent work schedule, any schedule other than those listed in 12.03, due to its own decision, it will give the employee(s) and the Union at least twenty one (21)calendar days' advance, written notice, and will negotiate the effects of the implementation with the Union.

The Company and the Union shall memorialize the new schedule in writing in a Letter of

Agreement. In the event that less than twenty one (21) calendar days' written notice is provided, the affected employee(s) will be paid a 10% premium for all hours worked after the notice is given and prior to the twenty one (21) day period, provided that the employee(s) may waive this premium.

11.03.02 If a new permanent Work Schedule, any schedule other than those listed in 12.03, is directed by the customer, the Company will give the employee(s) and the Union as much advance, but no less than seven (7) calendar days, written notice as possible. In the event that less than seven (7) calendar days' written notice is provided, the affected employee(s) will be paid a 10% premium for all hours worked after the notice is given and prior to the seven (7) day period, provided that the employee(s) may waive this premium. The Company and the Union will negotiate the effects of the implementation and shall memorialize the new schedule in writing, in a Letter of Agreement.

11.03.03 Temporary and Work Shift Schedule Change - The Union recognizes that mission requirements may require temporary changes to an employee's shift/schedule. The Company agrees to provide employee(s) with as much advance, but no less than seven (7) calendar days prior to the effective date of the change, written notice as possible of temporary shift/schedule changes. If proper notice of a temporary change in shift/schedule is not provided, the employee shall be compensated for all hours worked outside the employee's previously established shift or work schedule at one and one-half (1 and 1/2) times the employee's hourly rate of pay, except in the event that the shift start time changes or work schedule changes are not made at the beginning of the employee's workweek when such changes are occasioned by climatic conditions and the specific task to be completed.

11.04.00 Regular work shifts for purposes of shift premiums, shall be established as follows:

11.04.01 The first (day) regular shift will begin between 0400 hrs and 1059 hrs.

11.04.02 The second (afternoon) regular shift will begin between 1100 hrs. and 1959 hrs.

11.04.03 The third (night) regular shift will begin between 2000 hrs. and 0359 hrs.

11.05.00 An employee who works more than five (5) hours a day will receive an unpaid, non-working period (“meal break”) subject to operational requirements. The meal break shall be scheduled by the Company and shall be sixty (60) minutes, shall be when the employees have access to a rest area, shall begin not earlier than four (4) hours after the start of the employee’s shift, and not later than five

(5) hours after the start of the employee’s shift, provided that subject to operational requirements directed by the customer, the Company may schedule meal break as early as three and one-half (3-1/2) hours after the start of an employee’s shift, and not later than seven and one half (7.5) after the start an employee’s shift.

11.05.01 If the Company requests the employee to work through a meal period or schedules the meal period to start after five (5) hours after the start of the employee's shift, the employee shall be paid for the time in accordance with California law.

11.05.02 A second unpaid meal break of not less than thirty (30) minutes will be offered to any employee who works more than ten (10) hours in a day except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual written consent of the employer and employee only if the first meal period was not waived.

11.06.00 All employees will receive two (2) fifteen (15) minute, uninterrupted paid breaks per day to be scheduled by the Company as operations permit. If an employee works two (2) or more hours beyond the end of the employee's regular schedule, the employee will receive one fifteen (15) minute uninterrupted paid break for each extra four (4) hours, or major fraction thereof worked, to be scheduled as operations permit. For example:

11.06.01 - 2 hours worked = one break

11.06.02 - 6 hours worked = two breaks

11.07.00 An employee who is scheduled and reports for work at the scheduled time without having been notified not to report, shall receive not less than five (5) hours pay at his regular rate. If more than five (5) hours are worked, the employee shall receive pay for actual hours worked. Hours not worked but paid in lieu thereof shall be paid at the employee's regular rate of pay including applicable premiums, and shall not be considered as time worked for purposes of computing overtime.

11.07.01 Reporting time pay guarantee will not apply in case of situations beyond the

Company's control in accordance with state law.

11.07.02 If the Government notifies the Company that access to the work site is barred for any reason, the employees will be paid for their regular scheduled work day, not to exceed ten (10) hours. The Company will attempt to notify employees scheduled to work on that day that access to the work site is barred and not to report for work.

11.07.03 An employee who leaves work of the employee's own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day. Employees who are sent home before the end of the workday at the direction of the US Government will be paid for their regular scheduled work day not to exceed ten (10) hours.

11.08.00 The Company retains the right to require employees to perform work in addition to their regular work schedule ("overtime").

11.09.00 Overtime will be paid:

At one and one-half (l-1/2) times the employee's regular rate for hours worked:

11.09.01 In excess of forty (40) hours in a workweek,

11.09.02 In excess of ten (10) in a day on a 4x10 work schedule,

11.09.03 In excess of eight (8) in a day on a 5x8 work schedule,

11.09.04 For the first eight (8) hours worked on the fifth (5th) or sixth (6th) consecutive day worked in a workweek on a 4x10 work schedule

11.09.05 For the first eight (8) hours worked on the sixth (6th) consecutive day worked in a workweek on a 5x8 work schedule

At double (2) times the employee's regular rate of pay for hours worked:

11.09.06 In excess of twelve (12) in a day,

11.09.07 In excess of eight (8) on the fifth (5th) or sixth (6th) consecutive day worked in a workweek on a 4x10 work schedule

11.09.08 In excess of eight (8) on the sixth (6th) consecutive day worked in a workweek on a

5x8 work schedule

And on the seventh (7th) consecutive day worked in a workweek

11.09.09 Regular rate of pay is defined as set forth in the Fair Labor Standards Act and the

California wage and hour laws.

11.10.00 The parties agree that employees will be offered planned overtime work opportunities as equitably as possible amongst qualified, non-probationary employees on a shift (e.g. A shift, B shift). The

Company and Union Steward will maintain an overtime opportunity use roster for determining overtime opportunities. When the Company decides that overtime is needed the Union Steward will decide which are the qualified, non-probationary employees who have received the fewest planned overtime opportunities. Work in progress resulting in overtime will not be reassigned and will not be included in the overtime use roster. If there are no volunteers to work overtime, the Company will assign the overtime to qualified employees on the basis of reverse seniority. Upon request, the Steward will have access to the overtime use roster.

11.10.01 Probationary employees will not be assigned any overtime, unless all qualified employees on the affected shift have had an opportunity to work the overtime, and it is determined by the Supervisor that the probationary employee is qualified to carry out the responsibilities to be assigned on the overtime.

11.11.00 There shall be no pyramiding of overtime or premium pay. Nothing in this Agreement shall be construed as to require the payment of overtime on overtime, or the compounding of overtime as a result of computing hours in accordance with this Article.

11.12.00 Except as otherwise provided in this Agreement, all hours paid will be counted as time worked toward the computation of overtime pay.

11.13.00 Any employee who has worked overtime at any time in the workweek shall not be given time off later in the week for the sole purpose of offsetting the overtime hours previously worked.

11.14.00 No provision of this Agreement shall be construed as a guarantee of any specified number of hours of work either per day or per week.

ARTICLE 12.00.00 HOLIDAY

12.01.00 The following eleven (11) days are designated as Holidays:

New Year's Day Martin Luther King, Jr.'s Birthday

Presidents Day Memorial Day

Independence Day Labor Day

Veteran's Day Columbus Day

Thanksgiving Day Christmas Day

Floating Holiday (1)

12.01.01 In addition to these Holidays, employees shall be granted, subject to the approval of the Contracting Officer, any Holiday that may hereinafter be established by an Act of Congress of the United States or by Proclamation of the President of the United States.

12.01.02 Any holiday will be observed under the same schedule observed by Ft Irwin NTC, CA.

12.01.03 When a holiday falls during an employee's vacation, the holiday will not be charged as vacation and the employee will receive holiday pay.

12.01.04 It is understood and agreed that the Company may require employee(s) to work on a

Holiday. The Company will provide employee(s) with as much advance notice as possible of the requirement to work on a Holiday.

12.02.00 Employees who work a 4 x 10 schedule will be paid Holiday Pay as follows:

12.02.01 When a Holiday falls on an employee's regularly scheduled day of work, and the employee is not required to work on that day, the employee shall be paid ten (10) hours Holiday

Pay at his regular rate of pay for that day and that shall be considered as ten (10) hours worked for the purpose of computing overtime in that workweek.

12.02.02 When a Holiday falls on an employee's regularly scheduled day of work, and the employee is required to work on that day, the employee shall be paid two (2) times the employee's regular rate of pay for all hours worked. In addition, the employee will be paid ten

(10) hours Holiday Pay at his regular rate and that shall be considered as ten(10) hours worked for the purpose of computing overtime in that workweek.

12.02.03 When a Holiday falls on a day when the employee is not scheduled to work, and the employee does not work, the employee shall be paid ten (10) hours Holiday Pay at his regular rate of pay. That Holiday Pay shall not be considered as hours worked for the purpose of computing overtime in that workweek.

12.02.04 When a holiday falls on a day when the employee is not scheduled to work and the employee is required to work, the employee shall be paid two (2) times the employee's regular rate of pay for all hours worked. In addition, the employee shall be paid ten (10) hours Holiday

Pay at his regular rate of pay. That Holiday Pay shall not be considered as hours worked for the purpose of computing overtime in that workweek.

12.02.05 Except for the Floating Holiday, Holidays may not be carried over from one year to the next.

12.03.00 In order to be eligible for Holiday pay, an employee must have met all of the following:

12.03.01 Have completed his probationary period.

12.03.02 Be actively employed with the Company on the date of the Holiday (i.e., not on Leave of Absence for any reason, or layoff).

12.03.03 Had no unauthorized absence on the scheduled workdays immediately preceding or immediately following the Holiday, provided that if the employee can furnish medical documentation, within two (2) working days, that because of illness the employee was unable to work on either of such shifts, Holiday Pay will be paid.

12.04.00 The Floating Holiday referred to in this Article shall be utilized in the same manner as

PPT, provided that it must be taken in a full day increment. The Floating Holiday will not be paid out upon separation from employment with the Company, including the replacement by the Company with a successor contractor.

ARTICLE 13.00.00 PAID PERSONAL TIME

13.01.00 Each employee shall accrue paid personal time (“PPT”) off as follows:

1.54 Hours per week

1st year of employment, following the completion of the probationary period.

3.08 Hours per week 2nd year through (including) 5th

4.00 Hours per week 6th year through (including) 14th

4.93 Hours per week 15th year through (including) 20th

5.00 Hours per week 21ST year and each subsequent year

Following an employee’s first year of employment he will receive 80 hours of PPT.

Employees will accrue PPT for any workweek in which they are in paid status.

These accrual rates will become effective during the first pay period after the effective date of this

Agreement. At that time existing vacation and PPT balances will be merged into a single PPT balance.

“Years” shall mean Continuous Service.

13.02.00 PPT may be used for sickness, injury, medical appointment, personal reasons or vacation.

Employees shall make their written PPT request as far in advance as reasonable. An employee who is prevented from reporting for work by reason of sickness, injury or other unanticipated event, shall promptly notify the employee's immediate Supervisor of his inability to report for work, and give the reason for the absence. Such time off shall be charged to PPT. It is understood and agreed that final approval of PPT requests rests exclusively with the Company and an employee’s request will not be unreasonably denied.

13.03.00 PPT pay shall be computed at the employee's regular rate, to include the premiums in

Article 16.02.01-05. Employees must use PPT time in increments of no less than one half (.5) hour a day.

13.04.00 Employees may accrue PPT up to twice their annual accrual rate. Employees who have accrued their maximum PPT will not accrue any additional PPT until they have reduced their PPT accrual below the maximum.

13.05.00 Accrued, but unused PPT will be paid out upon separation from employment with the

Company, including the replacement by the Company with a successor contractor.

ARTICLE…