Attachment_0035_-_NTC_Collective_Bargaining_Agreement.PDF

DYNCORP INTERNATIONAL

AND

TEAMSTERS LOCAL 166

LOGCAP - BRIDGE AGREEMENT

NATIONAL TRAINING CENTER

FORT IRWIN, CA

22 MAY 2017 – 31 DECEMBER 2018

Table of Contents

PREAMBLE

ARTICLE 01.00.00 INTENT AND PURPOSE

ARTICLE 02.00.00 MANAGEMENT RIGHTS

ARTICLE 03.00.00 UNION RECOGNITION

ARTICLE 04.00.00 UNION SECURITY

ARTICLE 05.00.00 CHECK OFF

ARTICLE 06.00.00 SHOP STEWARDS/VISITATION

ARTICLE 07.00.00 NO STRIKE - NO LOCKOUT

ARTICLE 08.00.00 GOVERNMENT SECURITY RESPONSIBILITY

ARTICLE 09.00.00 TRIAL PERIOD/SENIORITY

ARTICLE 10.00.00 MANAGEMENT/SUPERVISORS

ARTICLE 11.00.00 HOURS OF WORK

ARTICLE 12.00.00 OVERTIME

ARTICLE 13.00.00 WAGE RULES

ARTICLE 14.00.00 PREMIUM PAY

ARTICLE 15.00.00 HOLIDAYS

ARTICLE 16.00.00 VACATIONS

ARTICLE 17.00.00 NON-PAID LEAVES OF ABSENCE

ARTICLE 18.00.00 PAID PERSONAL LEAVE

ARTICLE 19.00.00 MILITARY LEAVE

ARTICLE 20.00.00 BEREAVEMENT LEAVE

ARTICLE 21.00.00 JURY DUTY

ARTICLE 22.00.00 PROMOTIONS/TRANSFERS/TEMPORARY ASSIGNMENTS

ARTICLE 23.00.00 NEW OR REVISED JOB CLASSIFICATIONS

ARTICLE 24.00.00 REDUCTION AND RESTORATION OF FORCES

ARTICLE 25.00.00 DISCHARGE AND DISCIPLINE/ABSENCE FROM WORK

ARTICLE 26.00.00 GRIEVANCES

ARTICLE 27.00.00 ARBITRATION

ARTICLE 28.00.00 UNIFORMS

ARTICLE 29.00.00 BULLETIN BOARDS

ARTICLE 30.00.00 GROUP INSURANCE

ARTICLE 31.00.00 RETIREMENT PLAN (401K)

ARTICLE 32.00.00 GENERAL

ARTICLE 33.00.00 DURATION

APPENDIX A - WAGES

APPENDIX B AUTHORIZATION FOR DUES DEDUCTION

APPENDIX C - SUBSTANCE ABUSE POLICY

APPENDIX D - UNIFORMS

APPENDIX E - ABSENTEE POLICY

APPENDIX F - DISIPLINE GUIDE

PREAMBLE

This Agreement is made and entered into this 1st day of March 2013 by and between DynCorp International, Inc.

(hereinafter referred to as the Company) and Teamsters Union Local No. 166 (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 MANAGEMENT RIGHTS

02.01.00 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 time 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.

02.02.00 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.

02.03.00 The management rights expressed in Articles 02.01.00 and 02.02.00 above shall not be deemed to limit any rights of the Union contained in this Agreement.

02.04.00 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 03.00.00 UNION RECOGNITION

03.01.00 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 Task Order number W9124B-12-

C-0007 and its successor contracts.

Included: All nonexempt production and maintenance employees; all hourly Computer Operators certified on 16 November 1988 in NLRB Case #31-RC-6459; and all Leads.

Excluded: All other employees, Confidential Secretaries, Division Managers' Secretaries, all Human

Resources employees, Industrial Security Officers, Purchasing Agents, salaried Systems Analysts, salaried Software Specialists, Professional Employees, Guards and Supervisors as defined in the Act.

ARTICLE 04.00.00 UNION SECURITY

04.01.00 Current employees and those hired after the execution of this Agreement shall, immediately following thirty

(30) calendar days from the employee’s date of hire, or the effective date of this Agreement, whichever is later, as a condition of continued employment, elect to either: (1) become a member of the Union in good standing by paying the Union’s initiation fee and monthly dues and other charges pursuant to the Local Union bylaws;

(2) pay uniform initiation fees and monthly dues, and choose not to become a Union member; (3) become a

Service Fee Payer and pay a percentage of the initiation fee and monthly dues, based on the amount of the

Union’s collective bargaining expenditures in relation to the Union’s total expenditures (“Service Fee”). A

Service Fee Payer is not a Union member as referenced to in Appendix “B”.

04.01.01 If an employee's employment is interrupted due to temporary layoff or Leave of Absence for more than a calendar month, the Union will be notified so that the employee may be placed on honorable withdrawal from the Union. When the employee returns to work, the Union will be notified so that the employee may be placed on active status.

04.01.02 The Company, upon written request of the Union Business Representative, shall provide to the Union the status of employees for the purpose of reconciling the employee's membership status.

04.02.00 No employee shall be considered as having failed to maintain the employee's membership so long as the employee regularly tenders uniform periodic monthly dues and/or uniform initiation fee, if required, or applicable service fee to the Union. The Company need not terminate any employee for failure to maintain membership hereunder unless the employee fails or refuses to cure the dues delinquency within ten (10) days after the Union has given the Company a written notice by registered mail requesting such termination. Before sending the Company such request, the employee shall first be given notice in writing by the Union to pay the delinquent dues and/or initiation fee. A copy of such notice shall be sent to the

Company.

04.03.00 After the hire of any new employee, the Company shall notify the Union in writing of the employee's name, social security number, address, date of hire, location of employment, classification and rate of pay.

04.04.00 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or 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 including the reasonable costs of any defense made necessary by any such liability, claim, suit or dispute.

ARTICLE 05.00.00 CHECK OFF

05.01.0 0 The Company will check off employee’s monthly dues, initiation fees and assessments each as designated by the Union, as membership dues, on the basis of individually signed voluntary check-off authorization cards on forms as shown in Appendix B and according to the terms as set forth in the deduction authorization. Any employee desiring to have such deductions must sign a proper form authorizing such deduction from the employee’s pay. Such a written authorization may be revoked by the employee by written notice to the Company and the Union during the ten (10) day period prior to the end of any such applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective Bargaining Agreement, whichever occurs sooner.

05.02.00 In case any employee does not have the total amount of any deduction, or more, due the Union on any payroll from which deductions are made in respect of other such employees, the deduction shall be made out of the next succeeding payroll upon which such employee has the total amount, or more, due. It is agreed that authorized deductions for government taxes and for the purpose of paying indebtedness to the

Company, garnishments and deductions required by law to be made by the Company shall have priority over deductions for Union dues.

05.03.00 Upon receipt of an employee’s signed authorization form, the Company shall deduct the initiation fee and membership dues from the first paycheck of each calendar month. The Company will promptly remit these dues, initiation fees and assessments to the Union no later than the twentieth (20th) of each month in which it is taken. The Company transmittal of monthly dues and initiation fees shall include the names for which deductions are made. The Union shall indemnify, defend and hold the Company harmless against any and all claims or liabilities arising out of the administration of this Article.

05.03.01 The Union will provide the Company a billing statement by the twenty-fifth (25th) of each month for deductions to be taken in the current month.

05.04.00 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or 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 this Article including the reasonable costs of any defense made necessary by such liability, claim, suit or dispute.

05.05.00 The authorization for deduction of check-off of dues is shown in Appendix "B".

ARTICLE 06.00.00 SHOP STEWARDS/VISITATION

06.01.00 The Company agrees to recognize the Stewards and Chief Steward duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Stewards and Chief

Steward shall be in that number required by the Union to assure each employee in the Unit ready access to a Steward. It is agreed that this objective can be achieved by having no more than one (1) Steward per forty (40) bargaining unit employees and the placement of the Stewards shall be consistent with this ratio exclusive of second (2nd) and third (3rd) shifts. As needed, the Parties will meet and discuss staffing levels and Steward placement.

06.02.00 For the purposes outlined above, 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 and the Chief Steward. The

Company will provide this information to each first level Supervisor having authority over employees covered by this Agreement. A current list of Shop Stewards may be posted on union bulletin boards.

06.03.00 Subject to other provisions of this Article, reasonable and necessary time off during work hours shall be authorized without loss of pay or benefits to permit Stewards to carry out their responsibilities to the employees in the Unit and will not unreasonably interfere with assigned duties. Furthermore, the Union will ensure that Stewards engage only in those activities that are authorized by this Agreement or appropriate regulations.

06.03.01 Shop Stewards shall be allowed to attend an onsite Shop Stewards meeting during working hours, without loss of pay, once every two (2) months not to exceed two (2) hours per meeting. In addition, the Stewards or other employees shall be allowed to attend a Labor-Management

Meeting during working hours, without loss of pay, once every three (3) months or as agreed to by the Company and the Union. The Union agrees that there shall be no other organized Union meetings conducted on the Company's property except with the expressed permission of the

Project Manager. This shall not prevent the Union Representative from performing required duties at the workplace. Sufficient time shall be allowed for the processing of grievances under Article

26.00.00 without loss of regular straight time pay by the steward(s) and the aggrieved employee(s) involved.

06.04.00 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 Shop Steward. The necessary time away from the Steward's official work assignment shall be scheduled as far in advance as practical to minimize interruptions of workflow. When the Steward finds it necessary to discuss a problem or Labor-Management disagreement with a Unit employee(s) and/or management official, the Steward shall request permission to leave from the Steward’s Supervisor. Upon entering the work area of another Supervisor's responsibility, the Steward will contact the Supervisor before attempting to contact any employee. In each instance, the

Supervisor's permission will be granted unless compelling work commitments dictate otherwise. If permission is denied, the Supervisor will establish an alternate time at which the Shop Steward can contact the employee(s).

06.05.00 Subject to operational requirements, official time for the Union's Steward(s) to attend training sessions will ordinarily be granted, not to exceed sixteen (16) hours per calendar year. The Union will notify the

Company in writing, at least ten (10) work days before any scheduled training, and not more than four (4)

Stewards shall be absent for training at any one time. The Company will excuse a Steward from work to attend Arbitration proceedings.

06.06.00 The scope of the Steward's activities on Company time shall be limited to the following:

06.06.01 To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance for which the employee desires a Steward to be present.

06.06.02 To investigate a complaint or grievance before presentation to the appropriate Manager/Shop

Supervisor.

06.06.03 To present a request concerning this Agreement, complaint or grievance to an employee's immediate Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

06.06.04 To meet with an appropriate Manager/Supervisor or other designated representative of the

Company when necessary to adjust grievances in accordance with the grievance procedure of this

Agreement.

06.07.00 Shop Stewards have no authority to take strike action, or any other action interrupting the Company's business. The Company, in so recognizing such limitation, shall have the authority to impose proper discipline, including discharge, in the event a Shop Steward has taken unauthorized strike action, slow down, work stoppage, or other actions in violation of this Agreement. Any such disciplinary action shall be subject to the grievance and Arbitration procedure defined herein. Should the Company prove the individual(s) did participate in such action in violation of this provision, the disciplinary action shall not be altered. Should the Company fail to prove the individual(s) participated in such acts; the Arbitrator shall be empowered to make the individual(s) "whole", if warranted.

06.08.00 It is agreed that the Company shall not be required to pay an employee for any time that the employee is taken away from work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement.

06.09.00 The Shop Steward shall be an employee of the Company, selected from among those employees whom the

Steward represents. The area of jurisdiction shall be determined by mutual agreement of the Company and the Union.

06.09.01 The Union may appoint a Steward to act as an Alternate Steward to represent employees in areas not represented by a Steward at any given time, and to assist other Stewards.

06.10.00 An employee with five (5) or more years of seniority while serving as a Shop Steward shall not be laid off or permanently transferred from the Shop Steward's area of jurisdiction, or shift, so long as other employees remain in the Steward’s job title, and in the area of jurisdiction and on the shift for which the employee is designated as Steward. The Steward shall not be transferred for any reason except as otherwise provided for herein if other qualified employees are available unless the Union agrees to such transfer.

06.11.00 The Shop Steward shall respond to and adjust employee initiated verbal or written complaints, or grievances occurring under the Steward’s jurisdiction as provided for in the Grievance Procedure. There shall be no solicitation of complaints or grievances.

06.12.00 Subject to existing security regulations, the authorized Business Representative(s) of the Union shall have access to the Company's work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the Grievance Procedures, and ascertaining whether or not this Agreement is being observed. Before doing so the Business Representative(s) shall report to the

Human Resources Office or other authorized Company Representative, who shall permit said

Representative(s) to enter the Company's premises, provided that such right shall be exercised reasonably and will not interfere with the normal conduct of the Company's operations.

06.13.00 The Union agrees to supply the Company, in writing signed by its authorized representative, with the name, official title and term of office for any and all representatives designated by it for the purpose of monitoring or administering terms and conditions of this Agreement, and those members shall serve at the pleasure of the Executive Officer of the Local Union. Elections of any Shop Steward shall be advisory only. The

Company shall not be bound to recognize anyone not so represented. During approved time off for dispute resolution or contract administration, the stewards are permitted to use their personal cell phones to contact other stewards.

ARTICLE 07.00.00 NO STRIKE - NO LOCKOUT

07.01.00 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Company. Therefore, the Parties agree that during the term of this Agreement:

07.01.01 The procedure provided for herein, for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between the Parties.

07.01.02 Neither the Union, its officers, agents nor members shall authorize, encourage, or sanction any strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interrupt or interfere with any of the operations of the Company for any reason including an alleged Unfair Labor Practice.

07.01.03 No rules, customs, or practices shall be permitted which limit production or increase the time required to do any work. There shall be no limitation or restriction of the use of machinery, tools or other labor-saving devices.

07.01.04 Any employee or employees, individually or collectively, who shall cause or take part in any violation of this Article or any activities prohibited by this Article may be immediately discharged or subject to other disciplinary action as the Company may unilaterally consider appropriate.

(a) Any such disciplinary action shall be subject to the grievance and Arbitration procedure defined herein. Should the Company prove the individual(s) did participate in such action, in violation of this provision, the disciplinary action shall not be altered. Should the

Company fail to prove the individual(s) participated in such acts, the Arbitrator shall be empowered to make the individual(s) whole, if warranted.

07.01.05 In the event of a violation of this Article, the Union, its officers, agents and members agree that it will use its best effort to end such prohibited conduct, utilizing every possible means to include but not be limited to:

(a) Requesting through personal contact or meeting with employees that they comply with the

Agreement and not take part in any prohibited conduct.

(b) Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

(c) Requesting those violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

07.01.06 Violation of this Article and any resulting liability shall not be excused or forgiven because the Union is engaged in any form of lawful or unlawful strike or other coercive activity against any other contractor, or because the employees covered by this Agreement engaged in any form of conduct prohibited by this Article in support of or in sympathy with the employees of any other employer who may be engaged in a strike or other form of coercive activity at these locations.

07.02.00 So long as the Union is complying with the provisions of this Article, the Company agrees that it will not engage in any lockout of its employees.

ARTICLE 08.00.00 GOVERNMENT SECURITY RESPONSIBILITY

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 and/or any other authorized representative of the Armed Forces direct that any employee(s) be removed from any or all work for the contractor on this contract, such employee’s employment will be terminated. In the event that the government’s direction is reversed within twelve

(12) months of employee’s termination, he will be eligible to be reinstated to employment to a vacant position for which he is qualified and shall retain his original seniority date. The employee will be eligible for reinstatement for one year following his removal, but in any event for a period of no less than six (6) months following the reversal of the removal. If the employee declines an offer of reinstatement, his reinstatement rights shall terminate. If an employee is removed, the Company shall provide to the Union, at its request, documents relevant to the removal; and 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 Fort Irwin Contracting Officer and/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 accumulated seniority, in accordance with Article 24.00.00. Such employee shall not receive payment for wages or benefits lost during the period of removal from the classified 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 The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor. Nothing in this Agreement is intended nor will any provision of this Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union fully recognizes that from time to time the Government may impose various legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet such demands, obligations or comply with such rules and regulations as may be promulgated or imposed by the Government.

08.05.00 It is further understood that if a security clearance is required in order to perform such work in the job classifications 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 reassignment to available non-classified work for which the employee is qualified. If no such work is available, the employee shall be laid off in accordance with Article 24.00.00.

ARTICLE 09.00.00 TRIAL PERIOD/SENIORITY

09.01.00 After the ratification of this Agreement, new employees and those hired after a break in continuous service, regardless of classification, shall be considered on trial status until they have completed one hundred and twenty (120) calendar days of employment from the date of hire (“Trial Period”). Employees who are hired as a result of a transfer of work at the Fort Irwin base to the Company shall be considered on Trial Status until they have completed thirty (30) calendar days of employment with the Company from the date of hire. Any new employee hired after May 27, 2017, to provide services that are covered by this CBA, will be considered a new employee and subject to successful completion of a trial period. Time spent on any statutory mandated leave will not count towards the completion of the trial status of the employee. The Company may lay-off or discharge such trial status employee(s) and such action shall not be reviewable through the Grievance Procedure. Completion of said “trial period” shall not provide or imply that the employee(s) may not be laid off or terminated for just cause.

09.02.00 Bargaining Unit seniority shall accrue from the date of employment as provided in Article 09.02.01 below.

09.02.01 Each employee shall accumulate seniority for all continuous service with the Company in a position covered by this Agreement (bargaining unit position) and also in the following situations:

(a) When an employee moves with the employee’s work on the project to another contractor on the project and subsequently returns to the Company on the project as a result of a subsequent movement of his work.

(b) Pursuant to the reinstatement provisions in section 24.04.00, or

(c) If an employee works for the Company on the project in a non-bargaining unit position, he will have an adjusted seniority date with non-bargaining unit service time subtracted provided that in no case shall such seniority be dated earlier than October 1, 1981.

09.03.00 A seniority list shall be posted by the Company by January 10th, April 10th, July 10th and October 10th of each year and shall set forth each employee’s seniority date and job classification.

09.04.00 Employees hereunder shall have a period of fourteen (14) workdays after posting of the seniority lists to protest, in writing, to Human Resources / Labor Relations, an error in the list. If the protest is confirmed, a corrected list will be published after the fourteen (14) workdays. If such protest is not made within fourteen

(14) workdays, the seniority list will stand as posted until the following posting at which time it will be corrected, provided the Company has been informed in writing of the error, if any. Employees on an approved absence, shall have fourteen (14) calendar days from the date of return from such absence to protest.

09.05.00 Seniority of an employee will be broken under the following conditions and the employee’s employment with the Company will be terminated:

09.05.01 Discharge for just cause.

09.05.02 Resignation.

09.05.03 Failure to respond to recall notification within the time frame established within Article 24.06.00.

09.05.04 Failure to be recalled from layoff within one (1) year after such layoff.

09.05.05 Failure to report for work upon expiration of an approved Leave of Absence.

09.05.06 Accepting other employment while on approved Leave of Absence without prior permission by the

Company.

09.05.07 Unexcused absence from work for a period of three (3) consecutive workdays as provided in this Agreement.

09.05.08 Upon settlement of Worker's Compensation for total permanent disability or two (2) years after the commencement of a leave of absence in compensable injury and legal occupational disease cases, whichever is earlier.

09.06.00 In the event two (2) or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) social security numbers shall be considered as having the least seniority for tie breaking purposes.

09.07.00 All Bargaining Unit employees hired after the ratification of this Agreement who voluntarily accept and work any non-Union position outside of the Bargaining Unit shall forfeit all accrued Bargaining Unit seniority after a six (6) months absence from the Bargaining Unit.

ARTICLE 10.00.00 MANAGEMENT/SUPERVISORS

10.01.00 Due to the complexity of the systems needed to support the Government mission, certain specialized functions may cause some work overlap in Supervision and work performed by employees covered by this

Agreement. Any Bargaining Unit work performed by management or non-bargaining unit personnel will be restricted to those requirements beyond the capability and technical expertise of Bargaining Unit employees.

10.02.0 0 It is understood and agreed that Supervisory personnel or non-bargaining unit personnel may perform work of employees covered by the Agreement under the following conditions:

10.02.01 For the purpose of instructing and training employees.

10.02.02 Under emergency conditions.

10.02.03 When an employee fails to report to work and other qualified employees are not immediately available.

10.02.04 In order to prevent injury to employees or damage to property.

10.02.05 In circumstances which Bargaining Unit employees lack the technical ability to perform the work required.

ARTICLE 11.00.00 HOURS OF WORK

11.01.00 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. Employees shall not be required to utilize Vacation or Paid Personal Leave time in lieu of a reduction in force.

11.02.00 Eight (8) consecutive hours or ten (10) consecutive hours, as set forth in Article 11.03.00, exclusive of a lunch period of no less than thirty (30) consecutive minutes nor more than one (1) hour, shall constitute a standard work shift.

11.03.00 The workweek shall consist of seven (7) consecutive days. The Company has the right to set the work week;

and employees and the Union will be given a twenty one (21) calendar day written notice prior to such change.

(a) The Company may establish work schedules consisting of five (5) eight (8) hour workdays and two (2) consecutive days off.

(1) the employee’s first (1st) day off in a work week is considered the sixth (6th) day and the second (2nd) day off is considered the seventh (7th) day.

(b) The Company may establish work schedules consisting of four (4) ten (10) hour workdays and three (3) days off, two (2) of which must be consecutive.

(1) The employee’s first (1st) consecutive day off in a workweek shall be considered the sixth

(6th) day in the workweek and the second consecutive day off is considered the seventh

(7th) day, and the non-consecutive day off shall be considered the fifth (5th) day.

(2) When an employee has three (3) consecutive days off, the second (2nd) consecutive day off shall be considered the sixth (6th) day and the third (3rd) consecutive day off shall be considered the seventh (7th) day of the workweek.

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

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

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

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

11.05.00 A non-regular work schedule is defined as follows:

(a) When scheduled for a five (5) day work schedule, as defined in Article 11.03.00, with other than Saturday or Sunday as one of the two (2) scheduled days off.

(b) When scheduled for a four (4) day work schedule, as defined in Article 11.03.00 with other than Saturday or Sunday as one (1) of the two (2) consecutive days off.

11.06.00 Whenever shift start time changes or work schedule changes are made seven (7) calendar days before the beginning of the workweek as defined in Article 11.03.00 above, such affected employees shall receive no additional compensation.

11.06.01 In the event the Company, not the employee, mandates a change to an employee’s scheduled workweek and as a result of that change the affected employee is then scheduled to work more than five (5) workdays in a row for an employee on a prior four (4) day ten (10) hour schedule, and more than six (6) workdays in a row for an employee on a prior five (5) day eight (8) hour schedule, the employee shall be compensated for all days worked in the first week of the new schedule at the overtime premium for those days as if they were worked in the prior week’s work schedule.

11.06.02 In the event shift start time changes or work schedule changes are not made seven (7) calendar days before the beginning of the employee's workweek as defined in Article 11.03.00, 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 ½) 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.

11.06.03 All shift start time changes or work schedule changes shall be posted by the Company in the areas affected in accordance with Article 11.06.00 above. The Company shall furnish a copy of the notice to the Chief Shop Steward.

11.07.00 The Company shall permit a ten (10) minute rest period during each half of the work shift, which may be taken without loss of pay. When climatic conditions warrant and operational requirements permit, management may direct additional rest periods without loss of pay. The Company shall permit a ten (10) minute rest period at the end of the shift prior to the commencement of scheduled or unscheduled overtime.

11.08.00 If a Full-Time employee reports for work on a regularly scheduled work day in accordance with instructions, the employee shall receive a minimum of half the employee’s scheduled hours at that day's base rate.

When said employee performs any work, said employee shall be guaranteed the employee’s normal scheduled shift of work. If a Full Time employee reports for and works on a non-regular work day, the employee will be guaranteed six (6) hours of pay. Employees who work more than six (6) hours will be guaranteed eight (8) hours of pay. Employees who work a four by ten (4 x 10) schedule and work more than eight (8) hours will be guaranteed ten (10) hours of pay.

11.08.01 Report time will not apply in case of emergency shut-downs arising out of any condition beyond the Company's control. 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. An employee who leaves work because of incapacity due to a verified industrial injury will be paid for the balance of the employee’s shift at the employee’s base rate.

11.08.02 An employee recalled to work after completing the employee’s regular shift is to be paid the appropriate overtime rate for the time worked and reasonable travel time, provided that the employee shall be paid no less than four (4) hours. The employee is guaranteed four (4) hours of work to be entitled to the four (4) hours of pay. Should the employee request to leave earlier than the four (4) hours, the employee will only receive pay for the actual time worked. The travel pay guarantee time shall be paid at straight time.

ARTICLE 12.00.00 OVERTIME

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

12.02.00 It is understood and agreed that the Company reserves the right to require employees covered hereby to perform a reasonable amount of overtime work in order to meet Government contract requirements.

When such overtime is required, the Company will make every effort to notify the employee(s) immediately upon learning of the overtime requirement.

12.02.01 (a) The Company will attempt to meet its daily overtime requirements on a voluntary basis by seniority among the employees present in the classification, on that shift, in the section where the employees perform the work on a straight time basis. The Company will attempt to meet its overtime requirements for Saturdays, Sundays and Holidays, on a voluntary basis by seniority among the employees in the classification, on that shift, in the section, who normally perform the work on a straight time basis.

(b) Employees volunteering to work overtime must sign their specific overtime roster displayed in the Branch / Shop office. The posted roster shall include the next six (6) consecutive calendar days and shall indicate the days on which the company anticipates that notice of overtime will not be provided until the day the overtime is worked (short notice overtime). The posted rosters shall include spaces for the employee(s) printed name, seniority date, telephone number and signature. The overtime roster shall remain posted until 1300 hrs. (2000 hrs. for second shifts) on the workday the overtime is required for the section. All entries must be clearly legible. In signing the overtime roster, an employee is committing to work any overtime for that day’s overtime assignment. If the

Branch/Shop is closed on a weekend, then the overtime roster for that Branch/Shop shall be closed at the end of the employee’s Friday shift.

(c) For short notice overtime (same day), if the company is unable to fulfill its requirements from the appropriate overtime roster, it will seek volunteers before applying sub-paragraph 12.02.01(e). In signing an overtime roster, the employee is committing to work short notice overtime and understands that he is responsible for providing his own transportation.

(d) When overtime is necessary in the section, the Supervisor will assign the most senior employee(s) from the appropriate roster. If there are insufficient volunteers, the least senior employee(s) in the classification, in the section, on that shift, will be assigned. If additional employees are still needed to fulfill the overtime requirement, the Supervisor will assign by seniority the overtime to employees, in the classification, on that shift, signed up on the Generic overtime roster. If the Company is forced to go to another classification in the Branch to fulfill the overtime requirement, the Lead position(s) of the needed classification will be considered first. If an employee has not signed up on the appropriate overtime roster, the employee shall have no claim to the overtime.

(e) The least senior employee present shall be forced on a daily basis.

(f) The least senior employee who normally performs the work on a straight time basis shall be forced for “Saturdays”, “Sundays” and “Holidays”.

(g) The Company shall assign overtime and notify or if necessary call employee(s) on the overtime roster by seniority in accordance with (c) above. When available, a Union Steward shall be present and verify any phone calls made from the overtime roster. If a Union

Steward is not available, the Company shall utilize a Bargaining Unit person to verify any phone calls. Messages will not be left on answering machines, with family members or friends. Unless verbal contact with the employee is attained by a Supervisor, said employee shall not be eligible for that overtime.

(h) Any employee who is temporarily assigned to another shop or section shall be eligible for overtime in the shop or section the employee was temporarily assigned to for that day.

The temporarily assigned employee shall be allowed to sign the employee's regular shop, section, or classification’s overtime roster in case the employee is released back to the employee’s original area. If returned to the employee’s regular shop, section or classification, the employee will only compete for overtime in the employee’s regular shop and section.

(i) For the purposes of this Article, a shift shall be defined as a period of time from the employee's scheduled start time to the end of the employee’s scheduled eight (8) or ten

(10) hours.

(j) For the purposes of this article, it is understood and agreed that overtime can be worked prior to the start of a work shift as well as after a work shift. In this case, an employee’s shift premium will not be interrupted.

(k) When the Company decides to terminate the work day early on an overtime day, the

Company will solicit volunteers by seniority for the early departure. If there are insufficient volunteers, the least senior employee(s) shall be selected for the early departure.

12.02.02 It shall not be mandatory that any employee in the Bargaining Unit work more than fourteen (14) consecutive days without two (2) consecutive days of rest. Once an employee has worked fourteen

(14) days, the employee is entitled by right to take the next two (2) consecutive days off. The employee has the option to choose any two (2) consecutive days off thereafter and shall be given those two (2) days off so long as both Parties mutually agree to those two (2) days. If the Company and the employee cannot agree on the two (2) alternate days off, the employee shall have the right to take the immediate two (2) days off following the fourteenth (14th) day worked.

12.02.03 Overtime is calculated for hours worked within the workweek. In no event will the calculation of overtime overlap regular workweeks as defined in Article 11.03.00, except as designated in Article

11.06.01.

12.03.00 Overtime shall be paid on the following basis for employees who are assigned to a five (5) day eight (8) hour schedule:

12.03.01 For hours worked in excess of eight (8) in a day (excluding one (1) hour or one-half (1/2) hour for lunch) at one and one-half (1 and ½) times the employee’s hourly rate.

12.03.02 For hours worked in excess of forty (40) non-overtime hours in a workweek, at one and one-half (1 and ½) times the employee’s normal regular hourly rate. Hours paid for paid personal leave, holidays, vacation, bereavement leave, military leave, medical appointments scheduled by the

Company during working hours for Worker's Compensation, jury duty and time spent in

Arbitrations for a Steward shall be considered as time worked. Only those holidays occurring on an employee’s regularly scheduled work day shall be considered as time worked for overtime eligibility.

12.03.03 For hours worked on the seventh (7th) day in the workweek (second (2nd) regularly scheduled day off) at two (2) times the hourly rate, provided the employee has not had an unauthorized absence during the employee's regular work schedule for that workweek.

12.03.04 For hours worked in excess of a twelve (12) hour continuous period (excluding one (1) hour or one-half (1/2) hour for lunch) at two (2) times the employee’s hourly rate.

12.04.00 Overtime shall be paid on the following basis for employees who are assigned to a four (4) day ten (10) hour workweek schedule:

12.04.01 For hours worked in excess of ten (10) in a day (excluding one (1) hour or one-half (1/2) hour for lunch) at one and one-half (1 and ½) times the employee’s hourly rate.

12.04.02 Hours worked in excess of forty (40) non-overtime hours in a workweek, shall be paid at one and one-half (1 and ½) times the hourly rate. Hours paid for sick leave, holidays, vacation, bereavement leave, military leave, medical appointments scheduled by the Company during working hours for

Worker's Compensation, jury duty and time spent in Arbitrations for a Steward shall be considered as time worked. Only those holidays occurring on an employee’s regularly scheduled work day shall be considered as time worked for overtime eligibility.

12.04.03 All hours worked in excess of twelve (12) hours (excluding one (1) hour or one-half (½) hour for lunch) in any one day, or fifty (50) non-daily overtime hours in any workweek or on the seventh

(7th) day of the workweek (third (3rd) regularly scheduled day off) shall be paid at two (2) times the employee’s hourly rate, provided the employee has not had an unauthorized absence during the employee's regular schedule for that workweek.

12.05.00 No overtime shall be worked except by direction of the proper Supervisory personnel of the Company.

12.06.00 There shall be no pyramiding of overtime premium payments.

12.07.00 Any employee who has worked overtime, either scheduled or unscheduled, during the workweek shall not have the employee’s regular work schedule altered for the balance of the workweek for the sole purpose of avoiding the payment of additional overtime. However, this provision shall in no way be interpreted as being any guarantee of hours of work. No employee shall be permitted to change shifts or otherwise alter the employee’s work schedule by the employee’s own request in a manner whereby the payment of overtime would be required.

ARTICLE 13.00.00 WAGE RULES

13.01.00 The Company shall pay the scale of wages included in Appendix "A" made a part hereof.

ARTICLE 14.00.00 PREMIUM PAY

14.01.00 A shift differential premium of thirty-five cents ($.35) per hour will be paid to employees working on the second (2nd) shift as defined in Article 11.04.00(b).

14.02.00 A shift differential premium of forty-five cents ($.45) per hour will be paid to employees working on the third (3rd) shift as defined in Article 11.04.00(c).

14.03.00 With respect to the second (2nd) “afternoon” and the third (3rd) “night” shift, shift differential premiums shall be determined by the employee's start time in the work day as defined in Articles 11.04.00 (b) and (c).

14.03.01 For the purpose of payment of shift premiums, an employee who is required to report to work earlier than the employee's regularly scheduled start time in any workday, as defined in Articles

11.04.00 (b) and (c), shall not suffer a loss of shift premium.

14.04.00 A shift differential premium of forty cents ($.40) per hour will be paid to employees working a rotating shift schedule. A rotating shift schedule is defined as a schedule where the employee is assigned to regularly work two (2) or more different full shifts (“day,” “afternoon” and/or “night”) within a workweek as defined in Article 11.04.00.

14.05.00 Shift differential premiums will be paid for any overtime hours worked provided an employee is otherwise qualified for premium payment in accordance with Articles 14.01.00, 14.02.00 or 14.04.00 above.

14.06.00 An employee working a non-regular workweek shall receive a premium of twenty-five cents ($.25) per hour.

14.07.00 Ammunition Handler and Lead Ammunition Handler classification employees shall receive a six percent

(6%) differential in addition to their base rate for all hours worked in the Ammunition Supply Point.

ARTICLE 15.00.00 HOLIDAYS

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

New Year's Day

Martin Luther King, Jr.'s Birthday

Pr…