B08 CBA Lakehurst 2022-2025.pdf

Collective Bargaining Agreement

By and Between

Yulista Support Services, LLC Y-Tech Services, Inc.

Yulista Contract Services, LLC

And

International Brotherhood of Teamsters Local No. 35

Joint Base McGuire-Dix-Lakehurst Lakehurst, New Jersey

Ratified June 9, 2022

Effective: July 1, 2022 Through June 30, 2025

Table of Contents

Article Title Page Preamble and Agreement 4

1 Recognition and Description of Bargaining Unit 4

2 Scope of Agreement 4

3 Union Security and Check Off 5

4 Transfer of Company Title or Interest 6

5 Maintenance of Standards 7

6 Seniority 7

7 Job Stewards 10

8 Hours of Work and Overtime 12

9 Discharge or Suspension 14

10 Grievance Procedure 15

11 Holidays 17

12 Wages 18

13 Field Service and Licensing 20

14 Safety and Health 20

15 Sick Leave 23

16 Absence 24

17 Health and Welfare 26

18 Pension and 401(K) 28

19 Credit Union 29

20 Protection of Rights 29

21 Vacations 29

22 Funeral Leave 31

23 Jury Duty Pay 32

24 Work Assignment 32

25 Compensation Claims 32

26 Military Clause 33

27 Posting of Agreements and Notices 33

28 Split Shifts 34

29 Union Activities 34

30 Inspection Privileges 34

31 Lie Detector Test 34

32 General Provisions 34

33 Management and Function 36

34 Strikes and Lockouts 36

35 Separability and Savings Clause 36

36 Part Time Employees and Temporary Agency Workers 37

37 Subcontracting 37

38 Non-Discrimination Clause 38

39 Drug Free Workforce and Workplace 38

40 Termination Clause 39

Wage Schedule 40

Signature Page 42

Attachment #1 – Rules of Conduct 43

Memorandum of Understanding #1 46

Memorandum of Understanding #2 47

Job Descriptions 48-210

PREAMBLE

AGREEMENT made and entered into at Joint Base McGuire-Dix-Lakehurst, Lakehurst, New Jersey, this 9th day of June, 2022, by and between Yulista Support Services, LLC, Y-Tech Services, Inc.

and Yulista Contract Services, LLC hereinafter referred as the "COMPANY' or the "EMPLOYER"), and TEAMSTERS LOCAL No. 35, affiliated with the International Brotherhood of Teamsters and the Eastern Conference of Teamsters (hereinafter sometimes referred to as the "UNION" or "LOCAL UNION") located at 620 U.S. Route 130, Trenton, New Jersey, 08691.

The parties agree to be bound by the terms and provisions of this AGREEMENT with its purposes being to provide orderly collective bargaining relations between the Company and Union, to secure a prompt and fair disposition of grievances, and to stabilize employment relations.

ARTICLE 1 - RECOGNITION AND DESCRIPTION OF BARGAINING UNIT

Pursuant to and in compliance with the certification of the National Labor Relations Board Case No. 4-RC-7523 dated November 29, 1967, Joint Base McGuire-Dix-Lakehurst, the Company recognizes and acknowledges Local Union No. 35, as the sole and exclusive representative for the purpose of collective bargaining for all employees defined in the certification. The unit includes:

"All employees of the Employer, Lakehurst, New Jersey, including mechanics, truck drivers and technicians, inspectors and all other maintenance employees, excluding office clerical employees, supervisors and guards as defined in the National Labor Relations Act."

ARTICLE 2 - SCOPE OF AGREEMENT

Section 2.01 It is the intent and purpose of the parties hereto that this Agreement will promote and improve the industrial and economic relations between the Employer and its employees and to set forth herein the basic agreement arrived at by bargaining on subjects pertaining to the wages, hours of work, employee benefits and conditions of employment for covered employees. This Agreement is entered into in consideration of the mutual performance thereof in good faith by both parties.

Section 2.02 The terms "employee" or "employees" as used in this Agreement (except where the context clearly indicates otherwise), shall mean an employee or employees, of the Company now or hereafter covered by this Agreement.

Section 2.03 Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine gender.

Section 2.04 It is agreed for the mutual protection of the parties that this Agreement can only be changed or modified by a document in writing signed on behalf of the parties hereto by their duly authorized representatives; provided however, that written agreement regarding particular matters or understandings may be made between the Company and Local Union No. 35 and shall be binding upon the employee or employees concerned, the Company and the Union

ARTICLE 3 - UNION SECURITY AND CHECK OFF

Section 3.01 Union Security All present employees covered by this Agreement who are members of the Local Union shall continue their membership as a condition of employment. All such present employees who are not now members of the Local Union, and all employees who are hired hereafter shall become members of Local Union No. 35 on or after the thirty-first (31st) day following the date of hire, or following the effective date of this Agreement, and shall continue their membership in Local Union No. 35 as a condition of employment.

The failure of an employee to become a member of the Local Union at the required time shall obligate the Employer, upon written notice from the Local Union to such effect and to the further effect that Union membership was available to such person on the same terms and conditions generally available to other members, to forthwith discharge such employee.

The failure of any employee to maintain his Union membership by reason of nonpayment of dues shall obligate the Employer upon written notice from the Local Union to such effect, to discharge such employee, provided such employee shall have seven (7) days after the date the Employer receives such notice to comply with the provisions of this Article, and provided further, that such dues shall be uniformly required by the Local Union of all covered employees.

In the event of any change in the law during the term of this Agreement, the Employer agrees that the Local Union will be entitled to receive the maximum Union Security which may be lawfully permissible. If any provision of this Article is invalid under the law of the state wherein this Agreement is executed or performed, such provision shall be modified to comply with the requirements of the law or shall be renegotiated for the purpose of adequate replacement and if such negotiations shall not result in a mutually satisfactory agreement, the Local Union shall be permitted all legal and economic recourse.

The Local Union agrees to indemnify and save the Employer harmless from any loss, liability, cost or expense arising out of any claim made against the Employer by any person by reason of this discharge by the Employer at the request of the Local Union pursuant to the provisions of this Section.

Section 3.02, Checkoff

Employer agrees to deduct from the last payroll of each month of all employees covered by this Agreement the dues for the next month and any initiation fees, levied in accordance with the Constitution and By-Laws of the Local Union having jurisdiction over such employees, and uniformly required as a condition of acquiring or retaining membership. Employer agrees to remit to the Local Union all such deductions on or before the fifteenth (15th) day of the month for which the deduction is made. No deduction shall be made which is prohibited by any appliable law.

Each such employee shall execute and deliver to the Employer, a written checkoff which shall conform the applicable provisions of the Labor-Management Relations Act. The obligation of the Employer shall arise only on or after the receipt of the employee's written authorization and only upon written notification from the Local Union of the amount of such dues or initiation fee covered by such authorization. Employer shall receive not less than two (2) weeks written notice from the Local Union of any change in the amount of such dues or fees. The Local Union shall indemnify and save the Employer harmless from all loss, liability, cost or expense arising out of any action taken by the Employer for the purpose of complying with the provisions of this Section.

ARTICLE 4 - TRANSFER OF COMPANY TITLE OR INTEREST

This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. In the event the entire operations or any part thereof is sold, leased, transferred, or taken over by sale, transfer, lease, assignment, receivership or bankruptcy proceedings, such operation shall continue to be subject to the terms and conditions of this Agreement for its life. It is understood by this Section that the parties hereto shall not use any leasing device to a third party to evade this contract.

The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc., of the operations covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Local Union at the time the seller, transferor, or lessor executes a contract of transaction as herein described.

In the event the Employer fails to give the notice herein required and/or fails to require the purchaser, transferee, or lessee to assume the obligations of this contract, the Employer shall be liable to the Local Union and the employees covered for all damages sustained as a result of such failure to require assumption of the terms of this contract.

The Employer shall give written notice immediately to the Local Union of the award of any contract including the contract currently in effect for which the Union is currently the certified bargaining agent, to any company, other than the Employer. If the award of such contract is awarded to the Employer, the Local Union shall be notified immediately of the award.

Should the Customer(s), including the United States Army, notify the Company it is going to abolish its operation or cease to use civilian contractor services now being performed by the Company at Joint Base McGuire-Dix-Lakehurst, the Company will advise the Union in writing within three (3) working days following such notification from the Customer(s).

ARTICLE 5 - MAINTENANCE OF STANDARDS

Section 5.01. Protection of Conditions The Employer agrees that all conditions of employment which come under the control of the Employer relating to wages, hours of work, overtime differentials and general working conditions, shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement.

It is agreed that the provisions of this Section shall not apply to inadvertent, or bona-fide errors made by the Employer or the Local Union in applying the terms and conditions of this Agreement if such error is corrected within ninety (90) days from the date of error, provided each party shall give the other written notice of any such error in sufficient time to correct such error.

This provision does not give the Employer the right to impose or continue wages, hours and working conditions less than those contained in this Agreement.

Section 5.02. Extra Contract Agreements The Employer agrees not to enter into any agreement or contract with its employees, individually or collectively which, in any way, conflicts with the terms and provisions of this Agreement. Any such agreement shall be null and void.

ARTICLE 6 - SENIORITY

Section 6.01 Seniority shall first be by job classification and then plant tenure. Plant seniority shall accrue from the date the employee was hired at the Joint Base McGuire-Dix-Lakehurst as reported on the seniority list agreed to this day and made a part of this Agreement. Classification seniority lists will be maintained by the Company and will indicate in days, previous individual classification seniority. This list will be posted yearly and incorporated into this Agreement. The parties acknowledge that qualifications for available work are contained in the contract between the Employer and the Federal Government, and that such qualifications for each classification as are listed therein shall be limited to, but shall not exceed, the requirements set forth in such contract and shall be applied uniformly. The parties further acknowledge that the Federal Government has the final right of approval pursuant to its contract with the Company.

When a job opening occurs, such job shall be posted for a period of not less than five (5) working days, and employees wishing to fill such job opening shall sign their names on that bid sheet.

Seniority shall apply in the filling of such job opportunity, and the employee selected shall have a trial period of up to thirty (30) working days after which he shall be permanent, or he may elect to return to his former position with no loss of seniority. If management determines that the employee cannot perform the duties of the position after completion of a performance evaluation, the employee will be returned to his former classification with no penalty.

Section 6.02 Employees hired with the explicit intent of working at remote site outside the Lakehurst, New Jersey operation will not accrue plant seniority or classification seniority as described above in Section 6.01. These employees will accrue company seniority from their date of hire for the purpose of accruing vacation and other benefits. These employees will not displace Lakehurst employees who have established plant and classification seniority.

Should these employees transfer to a Lakehurst facility position, they will retain their company seniority date for vacation and other benefits, however their plant and classification seniority date shall begin as the effective date of transfer.

Section 6.03 Layoffs from and recalls to a covered classification shall be made in order of seniority in that classification. A laid off employee with the requisite seniority, qualifications and ability to do the work shall be eligible to exercise his seniority from the date of his hire by the Employer to displace a junior employee in any classification in which he is qualified to perform the work. If the employee bumping into a classification has previous seniority in that classification, he will displace within the classification seniority list and assume the shift and duties of the individual so displaced.

If he has no previous category seniority, he will be junior man in a category and will assume the duties and shift of the displaced man. A plant senior employee may exercise holding rights within the category if the Company determines that he is unable to perform in another category. (i.e., he may "hold" his position within the category requiring an employee who is junior in plant seniority to bump into another category or take a lay off).

The employer agrees to provide two (2) weeks' notice of a lay off whenever possible (but at least one week minimum) to employees initially being reduced out of their classifications and failure to provide such notice will entitle the employee to receive pay in lieu of all or any part of such weeks work lost due to late notice. Payment will not be made under this provision to employees subsequently displaced by bumping as a result of the initial reduction.

Any laid off employee shall have the first opportunity for call back when he receives an F.A.A. or a F.C.C. rating; for example, if a non-rated mechanic on a layoff status received his A&P, and the Employer requires an A&P qualified employee, such laid off mechanic shall be rehired in the rated class.

An employee shall not accumulate seniority in his regular classification while in a lay off status or while working in another classification but will return to his regular classification on the basis of his seniority in that classification. Pending recall to his regular classification, however, such laid off employee shall accumulate seniority in the classification of the displaced employee. An employee displaced under the bumping procedure shall not be entitled to any notice of lay off.

The displaced employee, however, shall have the same opportunity to displace a junior employee as the laid off employee had.

Section 6.04 New employees will be considered probationary for the first sixty (60) calendar days of their employment. During the probationary period the employee shall be subject to layoff, discipline, or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure. An employee shall be credited with service from the date of his hire and his name shall be placed on an appropriate seniority list upon the completion of his probationary period with seniority credited back to the date he began to work in his classification.

Section 6.05 Seniority lists shall be adjusted as of December 1, and June 1 of each year and shall be posted on January 1 and June 15 of each year. Employees shall be allowed thirty (30) calendar days after posting to correct any errors appearing thereon. The failure of an employee or Local Union to advise the Employer in writing of any errors appearing on said list shall cause such seniority list to become final. The Employer shall not be responsible for any errors appearing in such list unless he fails or refuses to correct such error after written notice thereof. Any dispute as to the seniority list may be processed under the grievance procedure. The Chief Steward and Local Union shall be given a copy of each seniority list, as they become current in accordance with the dates above.

Section 6.06 Employees electing to take a supervisory position or non-union position with the Company and such employees remain in that position after thirty (30) calendar days, lose their right to return to their former position and will be considered to have left the bargaining unit. Any subsequent return shall be as new hires. During the temporary thirty (30) calendar days they shall continue to retain and accrue seniority. During supervisory vacancies, this rule will not apply to a union employee functioning as the supervisor while the company is seeking a permanent replacement supervisor.

Section 6.07 The Chief Steward shall have seniority preference for the purposes of layoff and recall selection.

Section 6.08 An employee shall lose his seniority and have his employment terminated under the following conditions:

1. He quits or resigns.

2. He is discharged for just cause.

3. He does not inform the Employer within three (3) working days after receipt of notice of recall of his intentions to return to work. The employee shall have the duty to give the

Employer written notice of a change of address as such occurs.

4. He does not return to work within ten (10) working days after the date of receipt of such a notice recalling him from lay off.

5. He fails to return to work at the end of an authorized leave of absence, except in cases of confirmed illness or injury, or serious extenuating circumstances.

6. He is laid off for a period of one (1) year or more, except in cases of illness or injury.

7. He is absent from work for three (3) consecutive scheduled days without notification to the

Employer except in cases where the employee is physically unable to give such notice.

Section 6.09 If two or more employees have the same date and hour of hire, their position on the seniority list shall be established by lottery conducted by representatives of the Employer and the Local Union.

Section 6.10 The re-employment and seniority status of any covered employee, who while in the active service of the Employer, enters the armed services of the United States, shall be governed by the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 as amended or other applicable legislative enactment.

Section 6.11 The Employer shall make available to the Local Union copies of directives received from the Employer's customers including the Department of the Army under the contract, when such directives are for the purpose of reduction in the number of employees, and such reductions by the Employer shall be limited as set forth in such directives. Excepted from this clause are unforeseen and dramatic events beyond the company's control, such as terrorist acts, no-notice loss of use of the hangar or base access, etc. If a circumstance arises that involves a reduction of the employees that is unusual or that does not involve a directive from the customer including the Department of the Army, the Employer agrees to discuss the situation with a representative of the Local Union.

ARTICLE 7 - JOB STEWARDS

The Employer recognizes the right of the Local Union to designate Job Stewards and Alternates, limited to two (2) and the day shift, including the Chief Steward and one (1) on the second shift.

The authority of Job Stewards and their Alternates so designated by the Local Union shall be limited to and shall not exceed the following duties and, activities:

1. The investigation and presentation of grievances in accordance with the provisions of this Agreement

2. The collection of dues when authorized by appropriate Local Union action

3. The transmission of such messages and information which shall originate with, and are authorized by the Local Union or its officers, provided such messages and information...

a. have been reduced to writing, or

b. If not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Employer's business.

Job Stewards and alternates have no authority to take strike action, or any other action interrupting the Employer's business except as authorized by official action of the Local Union.

The Employer recognizes these limitations upon the authority of the Job Steward and their alternates and shall not hold the Local Union liable for any unauthorized acts.

The Employer, in so recognizing these limitations, shall have the authority to impose proper discipline, including discharge, in the event a Steward has taken unauthorized strike action, slowdown or work stoppage in violation of this Agreement.

Stewards shall be permitted to investigate, present and process grievances without loss of time or pay:

1. On the Company property during his regular working hours; when coordinated in advance with the site manager or his designated representative.

2. Where mutually agreed to by the Local Union and the Employer, off the property or other than during his regular schedule.

Such reasonable time spent in handling grievances during the Steward's regular working hours shall be considered working hours in computing daily and/or weekly overtime if within the regular schedule of the Steward.

It is agreed that each Shop Steward has full time work to perform in the plant as assigned by the Company. Job Stewards who find it necessary to leave their immediate work area for the handling of matters provided in this Article, shall first inform their immediate supervisor of the reason for leaving the area and shall be granted permission to do so. Should work requirements prevent the supervisor from granting permission for the Job Steward to leave the work area, the supervisor will arrange for the Steward to leave the area at the earliest possible opportunity. In the event of the absence of such supervisor, the Job Steward in emergency cases shall obtain such permission as mentioned herein above, from the Department head or his designee.

The Union, by written notice shall keep the Company currently informed as to the employees so designated as Job Stewards.

ARTICLE 8 - HOURS OF WORK AND OVERTIME

Section 8.01 The work week shall consist of forty (40) hours divided into five (5) consecutive eight (8) hour days. Overtime at the rate of time and a half (1½X) shall be paid for all hours worked in excess of eight (8) hours in a day and all hours worked in excess of forty (40) in an employee’s scheduled work week. However, overtime hours worked and paid in excess of eight (8) hours in any work day shall not be used in computing hours worked in excess or forty (40) hours in the work week (pyramiding). Hours worked on the sixth (6th) day of the work week shall be paid at time and a half (1½X) providing forty (40) regular hours had been paid during the first five days of the work week. Double time (2X) shall be paid for all ours worked on the sixth (6th) day in excess of eight

(8) hours. Double time (2X) shall be paid for all hours worked on the seventh (7th) day of the work week providing forty (40) regular hours were paid and the sixth (6th) day was worked during the work week.

Section 8.02 The starting time ranges of the work shifts shall be as follows:

FIRST SHIFT 0500 to 0900 SECOND SHIFT 1230 to 1630 THIRD SHIFT 2130 to 0500

Employees shall be given annually the opportunity to bid for shift assignments on the basis of seniority. In the event schedules are changed within a year, employees affected will be given the opportunity to bid on the new schedule on the basis of seniority.

Section 8.03 Shift differential will continue to be paid when the shift is changed at Company's benefit or request, until the end of the current payroll period.

An employee who requests a temporary shift change and receives same shall be paid at his regular applicable hourly rate of pay. A shift premium shall be paid as follows:

SECOND SHIFT Forty-five ($0.45) Cents per hour THIRD SHIFT Forty-five ($0.45) cents per hour

Employees will be allowed a minimum rest period of eight (8) hours between scheduled shifts. If an employee is required to work a second shift within eight (8) hours of the end of his last shift, he will be paid at the overtime rate for all hours worked on the second shift.

Section 8.04 Lunch periods shall begin not earlier than three and one-half (3½) hours after the start of each shift, and not later than five and one-half (5½) hours after the start of each shift. Lunch periods shall be limited to one-half (½) hour. If the Employer requires the employees to work through such lunch periods, he shall be paid for the time worked or shall be released one-half (½) hour before the shift ends upon completion of eight (8) hours paid time.

Section 8.05 An employee who is called back to perform work after completion of his scheduled hours on the work day, and after he has left the Employer's premises, shall be given either four (4) hours of work or four (4) hours of pay at the applicable overtime rate.

An employee who reports for work as regularly scheduled without having been notified by the Employer not to report, shall receive not less than eight (8) hours pay, if he is put to work, or four

(4) hours of pay, if he is not put to work, at his regular straight time rate.

An employee who is scheduled to work on a weekend and completes his assigned tasks in less than four (4) hours will be assigned miscellaneous tasks to provide for up to four (4) hours of work;

if the employee does not wish to stay and perform the miscellaneous task, he will be paid only for the time worked at the overtime rate.

These provisions shall not apply in cases of acts of God or other circumstances beyond the Employer's control, such as fires, floods, storms, power failures, work stoppages connected with labor disputes, riots, insurrections, or comparable emergencies. An employee shall not receive such pay if he has been absent the day before and did not receive notice not to report for work, nor shall he receive such pay if he shall have failed to keep the Employer informed of his current phone number and address where notice might have been received by him.

In the event of base closures, delayed opening or early closure and facility closure, employees shall be paid for any base closing, delayed opening or early closures for sixteen (16) hours per person effective July1 2022, eighteen (18) hours effective July 1, 2023 and twenty-two (22) hours effective July 1, 2024 and for the duration of this collective bargaining agreement.

In excess of these limitations, the Company will make every effort to provide work if the employee has started his shift during winter "snow days”. “In the event the base is officially closed due to such "snow day" or other inclement weather, the employees prevented from work will be allowed to use their vacation, sick leave or leave without pay (LWOP) for the duration of the base closure.

However, notwithstanding the previous sentence, should the government authorize payment for any declared “snow day” or other unforeseen “act of God” and reimburse the company for such lost hours, employees will be paid for the day.

When work time is lost due to weather or other base closures, the company will make every effort to allow employees to work extra time during the same work week to make up for time lost, provided there is work to be performed and subject to customer approval. Should employees be allowed to work extra time during the work week to make up for a “snow day” or other unplanned base closure, such hours worked in excess of eight (8) hours in the work day will be paid at straight time rates until such time as the employee reaches forty (40) regular paid hours for the work week when the “over forty” rule shall apply.

If severe weather is forecasted in the Lakehurst information for all employees will be available on the JB-MDL website: https://www.jbmdl.jb.mil/Home/Inclement Weather Information/ or on the JB-MDL free APP for iPhones or Android cell phones. If the website or the App states Delayed Opening employees will not be paid if they arrive at work prior to established opening time. If the recording states Base Closure, only essential personnel to report, an employee who shows up for work will not be paid. Employees under this CBA are not considered essential personnel unless otherwise directed by the Operations Manager or his/her Designee as directed by government customer. If the government determines essential personnel are required, those employees that are geographically the closest to Lakehurst in labor categories required will be contacted.

The Employer agrees to give employees two hours’ notice of overtime unless beyond the Employer's control. The Employer will make every effort to assign overtime in a fair and equitable manner. Overtime will be managed by the mutually agreed upon Overtime Distribution Policy. An employee will not be required to work more than eighteen (18) hours of mandatory overtime during a week.

Section 8.06 Pay for days shall be considered as days worked for the purpose of computing over-time pay.

There shall be no pyramiding of overtime pay.

Section 8.07 Hours of work shall be computed in tenths (1/10) hour. However, docking for lateness shall not occur until after an initial period of one tenth (1 /10) (6 minutes) after clocking in. Overtime pay shall be computed to the nearest tenth (10th) of an hour.

Section 8.08 All employees shall be granted a fifteen (15) minute paid rest period during the first half of their shift and a fifteen (15) minute paid rest period during the second half of their shift without loss of time for the purpose of relaxation, smoking, etc., and a ten (10) minute period as wash-up time and personal area clean-up time prior to quitting. An employee who is required to work two (2) hours or more of overtime in a day will be allowed a fifteen (15) minute break before the start of overtime as long as it does not interfere with operations.

ARTICLE 9 - DISCHARGE OR SUSPENSION

Section 9.01 The Employer shall not discharge nor suspend any employee without just cause. When an employee is discharged or suspended, the Employer shall notify him in writing of his discharge or suspension and state the reason therefore prior to the Employer ordering him to "clock out." A copy of such written notice shall be given to the Chief Steward and a copy mailed to the Local Union.

Exception to the above procedure in this Section would be when the conduct or physical condition https://www.jbmdl.jb.mil/Home/Inclement%20Weather%20Information/ of the employee to be disciplined is such as to require immediate removal from the premises for the protection of himself, others, or for the Company to comply with its obligations to the Government.

Section 9.02 Employees terminating for any reason will be paid for all wages owed, including earned but unused vacation pay, if any, on the next regular pay day following their termination.

Section 9.03 The Company has adopted rules to serve as a basic code of conduct for all employees which are not intended to limit the Company's right to manage or to enforce other rules of conduct as required from time to time, but to guide all employees in complying with established procedures.

The Company code of ethics shall be posted, and Company policies and procedures shall be made available. All conditions relative to this section shall be subject to the grievance procedure.

Section 9.04 A discharged or suspended employee must advise the Local Union in writing within two (2) working days after receiving notification of such action that he desires to appeal the discharge or suspension. Notice of the appeal from the discharge or suspension must be made to the Employer in writing within five (5) working days of the date of the discharge or suspension.

Section 9.05 If it is proven that the discharge or suspension is unjust, the employee shall be reinstated to his position upon such terms and conditions as the Employer and the Local Union may find mutually agreeable. If they are unable to agree to the settlement of the case, it may then be referred to the grievance machinery hereafter set forth.

Section 9.06 Any employee who fails to obtain or maintain the government security clearance required for the employee's job assignment may be discharged.

ARTICLE 10 - GRIEVANCE PROCEDURE

Section 10.01 A grievance is hereby jointly defined to be any controversy, complaint, misunderstanding or dispute. It is understood that the Union may refuse to process, may abandon or may settle grievances irrespective of the grievant's attitude. Any grievance arising between the Company and the Local Union, or an employee represented by the Local Union shall be settled as follows:

It is understood that grievances at Step Two (2) and Step Three (3) of the grievance procedure will be processed during the day time hours from 0800 to 1630 hours such that the grieving employee may attend and suffer no loss of pay. T.D.Y. personnel will not receive travel pay solely for this purpose.

Step 1 - No later than three (3) working days after the happening of an act or a failure to act, that forms the basis of a grievance, the aggrieved employee or employees or the Steward shall attempt to settle the matter with the immediate supervisor without argument or extended discussion. No grievance shall be processed unless it is started within such time. If it cannot be settled immediately, the employee or employees shall continue to perform their regularly assigned duties, and before the end of the next working day, Steward and the employee shall submit the grievance in writing on a form to be mutually agreed upon by the parties, to be furnished by the Union to Human Resources who shall answer the same in writing within three

(3) working days after it is presented. The written grievance shall set forth the complaint and remedy sought, the number of the Article or Section Number on a grievance shall be for the sole purpose of initial investigation and shall not limit such grievance from being processed and settled under another provision. The failure of Human Resources to answer the grievance satisfactory to the Steward and the employee will automatically move the grievance to:

Step 2 - Within two (2) working days after the answer has been received, the Steward and the employee or employees and a representative of the Company shall meet and discuss the grievance. The failure of the representative of the Company to answer the grievance in writing satisfactorily within three (3) working days after said meeting, shall automatically move the grievance to:

Step 3 - Within three (3) working days following the answer of the Company's representative, the business representative of the Local Union and the Company's resident manager or his designee shall confer, and the resident manager or his designee shall give his written disposition of the grievance to the business representative of the Local Union within three (3) working days. If the grievance remains unadjusted, the grievance may proceed to arbitration under procedures set forth in Step Four (4).

Step 4 - Within five (5) working days after the decision in Step 3 of the grievance procedure, the party desiring to arbitrate shall give written notice of such intention to the other party together with the position of arbitrating party with respect to the issue(s). In the event neither party requests arbitration within this timeframe, the grievance shall be considered settled without further action, and a new grievance covering the same incident may not be submitted again.

The parties may select a mutually agreed upon arbitrator within five (5) working days after notice of intent to arbitrate has been received. If the parties cannot agree, the party desiring arbitration shall request the American Arbitration Association to furnish a list of nine (9) impartial arbitrators.

Upon receipt of such list, the Company and the Union will choose the arbitrator by alternately striking one name from such list until only one name remains, and that person shall be the Arbitrator. (The right to strike the first name to be determined by lot). This time limit may be extended by mutual agreement but both parties shall proceed as expeditiously as practicable to the conclusion of the arbitration.

The Arbitrator shall be paid by the parties hereto. The compensation and expenses of the Arbitrator and arbitration shall be divided equally, provided however, that each party shall bear the expenses in respect to its own witnesses and the expense for reports or transcripts shall be divided equally only if provided by mutual consent.

Section 10.02 The decision of the Arbitrator shall be final and binding upon the parties. The Arbitrator shall be limited in his jurisdiction and authority by the explicit terms and provisions of this Agreement, and shall have no authority to amend, alter, modify or rescind this Agreement or establish any new terms and conditions. The Arbitrator shall determine any question of procedural arbitrability. In no event shall any settlement or award under the grievance and arbitration procedure be retroactive prior to the date upon which written grievance was presented. The Arbitrator's decision shall be final and binding on the Company, the Union and the employee or employees involved, subject to the limitations specified in this Agreement.

Grievances not processed within the time limit set forth herein shall be considered as settled and shall not be eligible for further consideration. If the Employer refuses to answer a written grievance, it shall be considered as granted.

Section 10.03 Notwithstanding anything herein contained, if the Company is delinquent in the payment of contributions to the Health and Welfare Fund after seventy-two (72) hours written notice from an official of the Local Union, the union may take such action as may be necessary until the delinquent payments are made, and it further agreed that the Employer shall remain responsible for such contributions and for any welfare benefits the employee was deprived of because of ineligibility due to the failure of Company to make such contributions.

ARTICLE 11 - HOLIDAYS

Section 11.01 The Employer will recognize the following eleven (11) holidays, including those which fall on a Saturday:

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veteran’s Day Memorial Day

Juneteenth National Independence Day Thanksgiving Day

July 4 - Independence Day Christmas Day

Should any of the foregoing holidays fall on a Saturday or a Sunday, the day observed by the Federal Government shall be considered as the holiday. Any employee who is required to work on any of the foregoing holidays, will receive in addition to straight time pay in accordance with Section 11.02 below, one and one half (1½) times his regular straight time rate for all hours worked. The employer will notify employees affected by schedule changes on such holidays as far in advance of the holiday as is practicable.

Any additional holidays or no-work days as may be designated by the Federal government, to include Executive Order — and which require the closure of the Employers facility shall not be considered a paid holiday unless the Employer's contract(s) allow such additional holidays to be billed directly to the contract(s). In such instances where the time may not be billed directly to the contract which allows the company to be reimbursed for such hours, the Employees may take a vacation day or LWOP.

Section 11.02 An employee who is not required to work on one of the above-mentioned holidays will be compensated for the day of eight (8) hours at his regular straight time rate, provided

1) He is on the active payroll in the week of the holiday and

2) He has worked his last scheduled work day before the holiday and his next scheduled work day after the holiday,

3) Except that an employee off on such day or days with prior permission of the Employer, or due to personal illness or injury, will be compensated for the holiday.

Employees scheduled to work on a holiday who fail to report for work shall not receive any pay for that holiday unless such failure to report is due to illness or injury or circumstances beyond the control of the employee.

Employees whose regularly scheduled day off falls on a holiday will be given a day off on the last scheduled work day prior to the holiday or on the next scheduled work day after the holiday to allow for a three (3) consecutive day off period.

ARTICLE 12 – WAGES

Section 12.01 Attached hereto and made a part hereof, is a Wage Schedule setting forth the classification and the rate in each such classification.

Any employee transferred by the Employer, without the request of the employee, from one classification to another shall receive the higher of the rate of the job to which he is transferred or of the job from which he is transferred for a period of sixty (60) days after which he shall receive the rate of the job in which he works.

Section 12.02 The Employer will pass on to employees all premiums or benefits received by it from the Customer, including the Department of the Army, for employees engaged in hazardous duty;

employees compelled by the Employer to stand by for possible call; per diem allowances; and incentive flight pay. Such premiums and benefits as are in the presently effective contract with the Customer, including the Department of the Army, shall be passed on to the employees currently, and such premiums and benefits as may be contained in any amendment thereto or in any subsequent contract between the Employer and the Customer, shall be passed on as received by the Employer. In the event any employee travels in covered aircraft and no tech observer or crew chief are officially designated, the employee assigned to maintain said aircraft shall be paid flight pay for all hours flown in-route. In the event no such assignment is made, the most senior qualified employee so traveling shall receive such flight pay for all hours of flying. Incentive flight pay shall be paid at the rate of nine dollars and fifty cents ($9.50) per flight hour computed to the nearest tenth (1/10th) hour. Flight pay as provided herein shall be paid in the next pay period except when such flight pay occurs in the last three (3) days of a pay period where same shall be paid in the following pay period so as to facilitate processing.

Section 12.03 Employees that travel must apply for a corporate credit card to be used for expenses incurred during travel. The Employer agrees to reimburse the employees' travel expenses by the guidance of the Government Federal Travel Regulations as applied to civilian employees and modifications thereto as such become effective, and the employees agree to follow the requirements of those regulations including the submission of any required receipts. In the event that an employee applied for and was denied a corporate credit card and time permitting prior to travel, advance funds up to $250.00 cash may be requested with the balance provided in $20.00, $50.00, or $100.00 travelers checks, in increments of not less than one (1) month in advance, for all trips of one (1) month or less or exceeding one (1) month duration. Travel pay will be paid within ten (10) working days following the submission of a trip expense report, which must be submitted within three (3) working days after the employee returns from the trip." Any employee that offers evidence that having a corporate credit card has had a detrimental effect on their personal credit or an attempted financial transaction (e.g., purchase of a home, auto, etc.) may revert to the advance funds as mentioned above or opt to utilize their personal credit card or payment method.

Management will have discretion in determining those employees selected for travel on each mission based on job continuity, qualifications and skills needed for that mission, and in accordance with each shop’s travel list. The Employer agrees to give employees a five (5) day notice of required travel unless beyond the Employer's control. Employees will not be required to travel beyond thirty (30) days unless longer duration is established and agreed to. Employees, at any time during travel, may voluntarily extend beyond thirty (30) days.

ARTICLE 13 - FIELD SERVICE AND LICENSING

Section 13.01 Employees assigned to perform field service work away from the Lakehurst installation will be paid in accordance with this Agreement for all hours worked. Employees will be paid for time spent in travel to and from such assignments, and this time will be included in any overtime calculations. Upon completion of such field service work, the employee shall return to the Lakehurst installation, unless otherwise instructed by his supervisor.

Section 13.02 Any qualified employee, upon request, shall be furnished with a letter of qualifications by the Company for presentation to the proper government agency for procuring FAA or FCC licenses.

It shall not be a condition for continued employment that an employee obtain a FAA or FCC rating, but it is recognized that non-rated employees may be laid off before rated employees, and the Employer is obliged under its contract with the Federal Government, to maintain a ratio of rated and unrated personnel in several job classifications.

Section 13.03 Employees on TDY shall be paid not less than eight (8) hours per day or forty (40) even if work is not available or traveling.

Section 13.04

The Company will pay an additional $.50 per hour for Technicians working in jobs that require an

A/P license in accordance with FAA regulations.

ARTICLE 14 - SAFETY AND HEALTH

Section 14.01 Employees may be required to take a physical or mental examination specified by the Employer.

The cost of such examination will be paid by the Employer and the employee will not suffer loss of pay for time spent taking such examination. If it becomes necessary to hold an employee out of service due to his physical condition, the Local Union will, on the employee's request, be fully informed of the circumstances and every effort will be made to return the employee to service at the earliest possible date. In the event of a controversy, a reputable physician will be agreed upon by the Employer and the Local Union, and the charge of such physician will be borne equally by the parties.

A hearing test will be provided at no cost to the employees for Sheet Metal, Avionic, Flight Line and Aircraft Mechanics not on flight status. The frequency of the hearing test will be in accordance with the applicable OSHA regulation. NDI, Battery Shop and Painters will receive at no cost to the employee an annual physical to comply with OSHA standards.

Section 14.02 The Employer hereby agrees to maintain safe, sanitary and healthful working conditions in all shops and facilities under its control, and to maintain on all shifts adequate first aid equipment to take care of its employees in case of accident or illness. It is understood that this does not require the Employer to maintain a nurse or doctor on the property, but the Employer will designate a doctor to call in an emergency and will be responsible for providing transportation to the doctor or hospital.

The Employer agrees, insofar as it is within its control, to furnish good drinking water and sanitary fountains. The floors of the toilets and washrooms will be kept in good repair and in a clean, dry sanitary condition. Employees will cooperate in maintaining the foregoing conditions.

Section 14.03 In order to eliminate as far as possible accidents and illness a joint Safety Committee composed of an equal number of Local Union representatives and Employer representatives will be established.

It shall be the duty of the Safety Committee to see that all applicable Federal, State and Municipal safety and sanitary regulations are complied with, and to make recommendations for the maintenance of appropriate safety and sanitary standards. The committee shall receive and investigate complaints regarding unsafe and unsanitary working conditions and make recommendations concerning such complaints. No employee shall be discharged or disciplined for refusal to perform work that is obviously unsafe.

Section 14.04 Employees will be required to wear am at all times during work hours. Each employee is required to be clean, neat and trim at all times to promote the best possible working image The Employer will make available a uniform vendor to provide a pre-approved selection of items from which the employee will…