Collective Bargaining Agreement (CBA).pdf
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- Solicitation number
- W56ZLW-26-Q-0003
- Issued by
-
Department of the Army
About this file
This document is a Collective Bargaining Agreement between Red River Science & Technology, LLC (RRST) and International Union of Operating Engineers Local 351, AFL-CIO, effective July 31, 2021 through February 28, 2027, covering Hazardous Materials Supply Operations at Fort Bliss, TX and White Sands, NM under U.S. Government Contract No. W52P1J-21-F-0318 as part of the Enhanced Army Global Logistics Enterprise (EAGLE) program.
The agreement establishes employment terms for full-time and regular part-time hourly employees in labor categories identified in Appendix A, excluding office clerical employees, professional staff, guards, dispatchers, and supervisors. Key wage rates effective July 1, 2022 range from $15.00 to $26.40 hourly with annual increases of 2.25 percent through 2026. Health and welfare benefits are set at $5.30-$5.50 per hour as specified in Appendix B, with a four percent hazardous pay differential applicable to HAZMAT-designated positions. The agreement includes standard provisions for union security with 91-day membership requirement, seniority systems with 90-day probationary periods, grievance procedures through three steps with arbitration availability, vacation accrual schedules ranging from 80 to 160 hours annually based on tenure, sick leave accrual at one hour per 30 hours worked with 72-hour maximum accumulation, twelve recognized holidays, overtime at time-and-a-half for hours exceeding 40 weekly, and standard work hours of 0730-1630 Monday through Friday. The agreement contains no-strike/no-lockout provisions and requires Union representation during investigatory interviews that may result in discipline.
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Text version
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
The Logistics Company
And The International Association of Machinist and
Aerospace Workers, AFL-CIO, Local Lodge 2003
May 1, 2025 through June 30, 2027
AGREEMENT
ARTICLE 1 - RECOGNITION
ARTICLE 2 - MANAGEMENT RIGHTS
2.1 REPRESENTATION
2.2 SUCCESSORSHIP
2.3 NO DISCRIMINATION
ARTICLE 3 UNION RIGHTS
3.1 BULLETIN BOARDS
3.2 NEW HIRE ORIENTATION
3.3 UNION SECURITY
ARTICLE 4 SENIORITY
4.1 SENIORITY DEFINED
4.2 ACQUISITION OF SENIORITY
4.3 BREAKING SENIORITY
4.4 LAYOFF AND RECALL FROM LAYOFF
4.5 SENIORITY LISTS
4.6 LEAVE OF ABSENCE LIST
4.7 VACANCIES
ARTICLE 5 LEAVES OF ABSENCE
5.1 UNION EMPLOYMENT
5.2 TEMPORARY MEDICAL CONDITIONS
5.3 FALSE PRETENSE
5.4 APPLICATION FOR LEAVE
5.5 CERTIFICATE OF FITNESS
5.6 MILITARY LEAVE
5.7 BEREAVEMENT LEAVE
5.8 RESERVE MILITARY SERVICE OR DISASTER RELIEF WITH THE NATIONAL GUARD
5.9 JURY AND WITNESS DUTY
5.10 REPORTING ABSENCES
5.11 FAMILY AND MEDICAL LEAVE
ARTICLE 6 GRIEVANCE PROCEDURE
6.1 GRIEVANCE POLICY
6.2 GRIEVANCE DEFINED
6.3 STEP I
6.4 STEP II
6.5 STEP III
6.6 REFERRAL TO ARBITRATION
6.7 TIME LIMITS
6.8 GROUPING OF GRIEVANCES
6.9 INVOLVEMENT IN GRIEVANCE PROCESSING
6.10 POLICY GRIEVANCES
6.11 PRIORITY GRIEVANCES
6.12 NO RETROACTIVITY
6.13 GRIEVANCE SOFTWARE
ARTICLE 7 HOURS OF WORK
7.1 NO GUARANTEE OF HOURS
7.2 WORKDAY DEFINED
7.3 WORKWEEK DEFINED
7.4 SHIFTS DEFINED
7.5 REST PERIODS
7.6 TIME KEEPING
7.7 READY FOR WORK
7.8 LUNCH PERIODS
7.9 PREMIUM PAY
7.10 ESSENTIAL EMPLOYEES
ARTICLE 8 HOLIDAYS
8.1 RECOGNIZED HOLIDAYS
8.2 ADDITIONAL HOLIDAYS
8.3 WHEN HOLIDAYS FALL ON WEEKENDS
8.4 HOLIDAY PAY
8.5 HOLIDAYS DURING VACATION
ARTICLE 9 VACATION LEAVE
9.1 FISCAL YEAR BASIS
9.2 VACATION CREDITS
9.3 COUNTED AS TIME WORKED
9.4 DONATED VACATION
9.5 VACATION REQUESTS
ARTICLE 10 – SICK LEAVE
10.1 ACCRUAL
ARTICLE 11 BENEFITS
11.1 INSURANCE PLANS
11.2 FRINGE BENEFITS RATE
ARTICLE 12 – WAGES
12.1 WAGE RATES
ARTICLE 13 DISCIPLINE/WORK RULES
ARTICLE 14 STRIKES, LOCKOUTS, AND WORK STOPPAGES
14.1 NO STRIKES
ARTICLE 15 DURATION
15.1 DURATION DATES
AGREEMENT
This Collective Bargaining Agreement (“Agreement”) is made and entered into this May 01, 2025, by and between The Logistics Company, LLC. (herein “Company”) and International Association of Machinists (IAM&AW) and Aerospace Workers, AFL/CIO and its Local Lodge No. 2003/District Lodge 75 (herein “Union”) as representative for the purpose of collective bargaining of the employees hereinafter defined, located at Ft. Novosel, Alabama.
Said parties agree as follows:
(a) The purpose of this Agreement is to provide orderly collective bargaining relations between the Company and the Union, to secure a prompt and fair disposition of grievances and to stabilize employment relations for the duration of this Agreement.
(b) The term “Employee” or “Employees” as used in this Agreement (except where the context clearly indicates otherwise) shall mean all hourly employees of the Company within the bargaining unit described in the Recognition Article and this Agreement shall apply only to such employees.
(c) The term “Temporary Personnel" refers to employees hired by the Company to perform a specific assignment or project. A temporary employee is defined as an employee who is engaged in work with the understanding that he/she will be laid off from employment as of a specific date (normally within ninety (90) calendar days) or upon completion of a specific assignment. If an employee is retained after the specific assignment, he or she will be put on the appropriate seniority list. Applicable probationary rules will apply.
Temporary Personnel seniority dates will be retroactive to the first date of temporary employment. At no point will this lead to a lay-off of bargaining unit employees.
(d) The term Probationary Employee refers to an employee hired subsequent to the ratification of this Agreement who has never accrued seniority under this agreement, between the Company and the Union, or an employee rehired after termination of seniority, shall be in probationary status until the completion of ninety (90) calendar days. An employee who is in probationary status may be disciplined or discharged at the sole discretion of the Company. Probationary employees have no rights to the grievance process until permanent.
(e) This Agreement shall constitute the entire agreement between the parties and can be changed or modified only by a document in writing signed on behalf of both parties hereto.
(f) No past practice or agreements prior to the effective date of this Collective Bargaining
Agreement shall be binding upon the Company or Union.
The parties acknowledge that the work performed under this Agreement is pursuant to a contract between the Company and an agency of the U.S. Government (herein “Government”). The parties recognize that the Company is required at all times to fully meet its obligations as a federal government contractor, to comply with all laws applicable to its work performed under this Agreement and to comply with the terms of any Company contract/s with the Government.
ARTICLE 1 - RECOGNITION
The Logistics Company, LLC. Recognizes Local No. 2003, International Association of Machinists and Aerospace Workers, AFL/CIO, as the exclusive collective bargaining representative for the following bargaining unit recognized by the National Labor Relations Board Certification 15-RC-359404 dated February 5, 2025, Contract number W52P1J-17-G- 0095/W52P1J-21-F-0318:
All the Company’s hourly workers employed by the Company at its Fort Novosel, Alabama locations, but excluding office clerical employees, professional employees, guards, dispatchers, and supervisors as defined in the NLRA, and all other personnel. The term "employee" does not include any supervisor, foreman, or any employee occupying a higher supervisory or executive position. For purposes of this article, personnel designated as “lead” are not considered supervisory.
ARTICLE 2 - MANAGEMENT RIGHTS
Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives and functions are retained and vested exclusively in the Company, including, but not limited to the rights in accordance with its sole and exclusive judgment and discretion:
A. To discipline employees for just cause.
B. To hire employees, determine their qualifications and assign and direct their work.
C. To promote, demote, transfer, lay-off, and recall to work employees.
D. To set the standards of productivity and the services to be rendered.
E. To maintain the efficiency of operations.
F. To determine the personnel, methods, means, and facilities by which operations are conducted.
G. To set the starting and quitting time, and the number of hours and shifts to be worked.
H. To institute, expand, reduce, alter, combine, transfer, assign or cease any job, job classification, department, operation, or service.
I. To control and regulate any job, job classification, department, operation, or service.
J. To control and regulate the use of machinery, facilities, equipment, and other property owned, controlled, leased, or used by the Company.
K. To introduce new or improved technology, research, production, service, distribution, and maintenance methods, materials, machinery and equipment.
L. To determine the number, location and operation of departments, and all other units of the Company.
M. To issue, amend and revise policies, rules, regulations, and practices.
N. To take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Company and to direct the Company's employees. However, this does not include doing bargaining unit work unless no bargaining unit member is available.
The Company's failure to exercise any right, prerogative, or functions hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not constitute a waiver of the company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not expressly prohibited by a specific provision of this Agreement.
2.1 Representation
The employee has the right to be represented by the Union during any examinations by a representative of the Employer in connection with an investigation if:
2.1(a) The employee reasonably believes that the examination may result in disciplinary action against the employee, and
2.1(b) The employee requests representation.
Employees have the right to see a steward within a reasonable time after notifying their supervisor. Such meetings will be arranged and held as soon as possible, preferably within two (2) duty hours and without disrupting work assignments.
2.2 Successorship
This Agreement shall be binding on the parties hereto, their successors, administrators, executors, subcontractors or assigns. In the event an entire operation is sold, leased, transferred or taken over by sales, transfer, merger, lease assignment, or new bidder to this government contract, the successor shall continue to be subject to the terms and conditions of this Agreement for the life thereof subject to the Federal Acquisitions Regulations (FAR) and Service Contract Act (SCA). In no event, however, shall the Company be a guarantor for or be held in any way liable for the successor’s obligations under this Agreement.
2.3 No Discrimination
There shall be no discrimination in regard to tenure, terms or conditions of employment because of race, color, sex, gender identity, marital status, age, religion, national origin, ancestry, handicap, or because the individual is disabled (as defined by the ADA) or Vietnam Era veteran, or a veteran of the U.S. armed forces provided that it shall not be considered as discrimination under this Article unless it is also discrimination under applicable federal or state law.
Article 3 Union Rights
It is hereby understood and agreed that the Union may assign shop stewards to represent bargaining unit employees. The number of shop stewards may be increased or decreased by agreement of the Company and the Union. The Union Business Representative will be designated in writing to the Company and shall have access to the Company facilities at Fort Novosel for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, providing there is no interruption of the Company's business. Further, prior to entering the facility under control of the Company, the visiting Union Business Representative shall schedule the visit in advance with the Supervisor and shall report to the office for an escort.
A. The Union shall continue to notify the Company within 15 days after the effective date of this Agreement and furnish a complete list in writing containing the names of the financial secretary, grievance committee, and shop stewards. Such list shall designate the office held and the area each shop steward is assigned as provided in this Agreement. Thereafter the Union shall notify the Company promptly, in writing, of any changes, and the Company shall not be obligated to recognize or deal with the financial secretary, grievance committee, or shop steward until receipt of written notification. All such notification shall be on the official letterhead. In such cases the Company shall give immediate recognition.
B. Union Steward Responsibilities: The Company recognizes the right of the Union to designate to the Company one Steward at each location from the Company's seniority list. The Union may designate to the Company done of the Grievance Committee in the absence of the Steward. The authority of the Steward so designated by the Union shall be limited to, and shall not exceed, the investigation and presentation of grievances or the representation of employees in accordance with the provisions of this Agreement. The Steward's duties shall be performed during normal working hours up to a maximum of two (2) hours per week after permission is granted by the Steward's supervisor to leave the Steward’s normal work when the supervisor determines that work requirements of the Steward, as well as any employee with whom the Steward asks to meet, will allow. When the Steward has completed his/her duties, the Steward shall immediately report to the supervisor and return to work. Additional time may be requested by the steward subject to the work requirements listed above and with prior approval by the Supervisor.
C. The employer shall grant a total of one (1) paid working day per year to attend shop steward training. The Union shall request permission from the Supervisor at least one week in advance. Permission shall not be unreasonably withheld provided operations are not adversely affected
3.1 Bulletin Boards
A. The Company agrees to provide bulletin boards to be mutually agreed upon by the
Company and the Union for exclusive use of the Union at appropriate places for the purpose of legitimate business of and interest to the employees as follows:
1. Notice of meetings
2. Notice of official Union elections and results
3. Notice of official Union appointments
4. Notice of Union recreational and social affairs
5. Any other notice that is specifically approved in writing by the Program Manager
B. It shall be the responsibility of the shop steward to post authorized notices and such notices shall include only those specified above. All such notices shall have suspense dates and be removed accordingly by the shop steward. The Union will provide the Company with copies of all postings before they are posted for approval and said notice will not be derogatory toward the Company or the U.S.
Government.
3.2 New Hire Orientation
A newly hired or recalled employee will be given the opportunity to voluntarily meet with a Union designated representative within the first 30 days. Such meeting shall not exceed thirty
(30) minutes. No Company representative will be present during this introduction.
3.3 Union Security
A. In making deductions and remittances for reinstatement fees, initiation fees, agency fees and dues to the Union, the Company is entitled to rely upon the notification of the Financial Secretary of Local Lodge No. 2003, of the amount of money due the Union by an employee. The Union agrees to and does hereby hold and save the Company harmless from any and all liability, responsibility, or damage for the disposition of the funds so deducted when turned over to the General Secretary Treasurer of the International Association of Machinists and Aerospace Workers.
The Union further agrees to fully indemnify the Company from any and all claims, demands and actions against the Company alleging liability, responsibility or damages arising out of or by reason of action taken or not taken by the Company in connection with its administration of this Article. Such indemnification shall include, without limitation, the reasonable costs of defense associated with any claims, demands or actions against the Company.
B. The Company agrees to deduct from the pay of employees covered by this Agreement the initiation fees, dues and assessments of the Union uniformly required as a condition of membership and agrees to remit to the Union all such deductions by the 10th of the month after the deductions are made. Written authorization for any payroll deduction must be provided by the employee in a form acceptable to the Company. No deduction under this Article shall be made without the employee's written authorization, or where the deduction is otherwise prohibited by law. The Company shall begin payroll deductions for Union dues effective the pay period following receipt of properly completed and executed authorization forms. All Union Dues owed for prior periods will be collected by the Union from the employee. Deductions shall continue deductions until such authorization is duly revoked by the employee. Failure to authorize dues or applicable agency fee deductions does not relieve the employee from the Union shop obligation under this Article.
C. The Union and its members shall not interfere with, restrain, intimidate, or coerce any employee who does not execute or who revokes a check-off authorization as provided in Article 14. Revocation of a check-off authorization does not relieve the employee of his obligation to pay dues or equivalent service fees.
D. The Company will not interfere with, restrain, intimidate, or coerce any of its employees because of membership or non-membership in the Union. Alleged discriminatory action reported to the Company will be investigated, and if confirmed, corrective action will be taken.
E. All employees now employed in the bargaining unit who are members of the Union in good standing on the effective (execution) date of the Agreement shall be required, as a condition of continued employment with the Company, to maintain membership in the Union to the extent of current monthly dues or an appropriate agency fee, initiation fees and reinstatement fees, for the duration of this Agreement. Employees who are not paying Union dues or an agency fee on the execution date of this Agreement will have 91 days from the execution date in which to submit a dues authorization card, or to pay directly to the Union an amount equal to the Union’s regular initiation fee and its regular dues or agency fee. It shall be a condition of continued employment that all employees in the bargaining unit who are hired after the effective date of this Agreement will have 91 days from their date of hire in which to submit a dues authorization card or pay directly to the Union an amount equal to the Union’s regular initiation fee and its regular dues or agency fee. Employees who authorize an agency fee shall pay no more than the regular dues paid by members of the Union who are covered by this Agreement.
Agency fees shall be deducted in accordance with the dues deduction procedures described in this Article and shall conform in all respects with the requirements of state and federal laws.
F. The Company shall, within 10 working days after receiving written notice from the Union requesting such action, discharge any employee who is not in good standing in the Union or paying applicable agency fees as required by section 3.3 paragraph
(A) of this Article. Any employee so discharged shall be deemed to be discharged for “just cause.” The phrase “good standing” as used in this paragraph is defined in accordance with standards established in N.L.R.B. and court decisions relating to Union shop requirements.
3.3 PERSONNEL RECORDS
Employees may request a copy of their personnel records at any time. If the Company does not comply with this request the Union may grieve IAW article 6.
3.4 UNION SHOP
As provided herein, all employees now or hereafter employed in the classifications and work covered by this Agreement, and as it may have been supplemented or amended, shall as a condition of continued employment in such work become and remain members in good standing in the Union or pay applicable service fees within ninety-one (91) days following the beginning of such employment or the effective date of this Agreement, whichever is later.
ARTICLE 4 SENIORITY
4.1 SENIORITY DEFINED
Seniority is defined as the length of continuous service with the Company, subcontractor(s) and previous contractors in any one (1) or more bargaining units covered by this Agreement and shall be computed from the original date of hire except when seniority has been broken (as defined in Section 4.3), in which event seniority shall be computed from the last date of rehire. Upon transfer from one (1) bargaining unit to another, employees shall retain their seniority. All bargaining unit employees shall remain on one (1) seniority roster, regardless of employer (Prime or Sub-Contractor) and have all rights and benefits under this agreement. Relative seniority of all employees who have the same seniority date is determined in accordance with the last four (4) digits of each employee’s social security number, i.e., the lowest number has the most seniority; when the four (4) digits are identical the next previous digit which is not identical shall be determinative.
4.2 ACQUISITION OF SENIORITY
A new employee and one who is re-employed after a break in his seniority shall not acquire any seniority under this Agreement until the expiration of ninety (90) days of continuous service following employment. If such employee is continued in the employ of the Company after the expiration of the ninety (90) day period, his seniority shall be computed from his last date of hire in accordance with the applicable provisions of this Agreement. Any separations of employment during said ninety (90) day probationary period shall not be made the basis of a claim or grievance against the Company and there shall be no obligation to re-employ such person;
provided, however, that this provision shall not be used for the purpose of discrimination, as discrimination is defined in Article 2.3.
4.2(a) A probationary employee shall not compete for a bonus pay job assignment, classification, location or shift, providing no senior employee has paperwork in for said position. A probationary employee may not be displaced from a classification, location or shift unless affected by the layoff of seniority employees.
4.2(a)(1) In the event of a new-hire/reclass vacancy for which there are no seniority employees currently on lay-off status, and for which there are no active employees with reclassification requests on file to fill said vacancy, requests from qualified probationary employees will be considered.
4.3 BREAKING SENIORITY
An employee’s seniority shall be considered broken and all rights under this Agreement forfeited (except as otherwise specifically provided herein) when an employee:
4.3(a) Resigns or is discharged or accepts employment with the Company outside the bargaining units covered by this Agreement.
4.3(b) Fails or refuses to return to work within five (5) calendar days after being recalled, unless a satisfactory reason and documentation, if such documentation exists or can be acquired, is given to warrant leniency.
4.3(c) Is absent for three (3) consecutive workdays without reporting to the Company, such absence shall be cause for termination. Compliance with this is not to be construed to mean that excessive absenteeism shall be tolerated.
4.3(d) Is absent due to layoff or medical leave of absence, or both, for a period equal to his length of seniority at the time of such layoff or leave of absence, but in no event in excess of five (5) years.
4.3(e) Has retired.
4.4 LAYOFF AND RECALL FROM LAYOFF
For the purpose of a layoff, employees shall be laid off as follows:
4.4(a) Seniority employees with a layoff request on file will be laid off first. Then probationary employees in the line of progression affected shall be terminated, provided there are available seniority employees remaining in the classification affected who are willing and have the ability to perform the work of the probationary employees to be displaced.
4.4(b) Thereafter, seniority employees in the affected classification having the least seniority shall be laid off provided that an employee cannot be laid off in a lower classification while an employee is retained in his line of progression with less seniority, provided there are employees in the lower classification in the line of progression who have a status change request form on file at the time of the layoff and who are qualified for promotion to the higher classification. An employee notified of layoff has twenty-four
(24) hours (excluding Saturday and Sunday) from time of notice to file a status change request form to compete for a higher job classification in his line of progression. Such employee who would otherwise be laid off shall, if the employee has the qualifications to perform the work, or has previously successfully held the classification or bonus pay job, be allowed to:
4.4(b)(1) displace the least senior employee.
4.4(b)(2) elect a layoff and await recall to any job classification that the employee is qualified to perform and for which the employee has filed a status change request. At the time an employee is given notice that a lay off from the classification is imminent, the employee must within twenty-four (24) hours (excluding Saturday and Sunday) select one of the above listed options or the employee shall be laid off effective the date stated in the layoff notice. An employee’s personnel file as it exists at the time the Company issues the layoff notice except for qualifications acquired less than thirty (30) days prior to the notice of layoff which must be submitted with his selection option, including on the job experience as shown in the personnel file, and the job description shall be the determining factor in the application of Section 4.4.
4.4(c) When decreasing the work force in connection with a layoff, the Company shall give the least senior employee(s) in the classification and the Union at least ten (10) workdays notice. Affected employees on leave of absence or temporarily laid off may be notified of a layoff by certified letter or other documentable and verifiable means sent to their last known address as shown on the Company records. Employees actually laid off as a result of being displaced by a more senior employee under 4.4(b) are not subject to the ten (10) day notice provision but will receive at least three (3) workdays notice.
4.4(d) RECALL FROM LAYOFF - Notification of recall for the purpose of this shall be made by certified mail, telegram or other documentable and verifiable means addressed to the employee’s last known address as shown on the Company’s records.
Failure of the employee to keep the Company informed of their current address shall relieve the Company of any obligations for recall of said employee. Failure to receive notice of recall shall be considered a satisfactory reason for not returning to work within five (5) calendar days, so as to retain seniority, but shall not obligate the Company to hold the position open. An employee who fails to receive the notice, and is not otherwise aware of their recall, and therefore does not report to work within five (5) calendar days shall continue to accrue seniority, but there shall be no further duty to recall the employee until the employee notifies the Company.
4.4(e) LAYOFF / RECALL LIST - The Company shall submit to the Union a list of Bargaining Unit employees laid off or recalled as soon as final determination is made, but in any event, not later than five (5) workdays after such layoff or recall. The list shall contain the employee’s name, classification and seniority date.
4.5 SENIORITY LISTS
The Company shall furnish electronic copies of the seniority list each January, April, July and October to the Union Business Representative. Exceptions to this shall occur when contract security makes it necessary to reduce distribution. However, a copy will be sent to the Union (District Lodge), and they shall be available for the shop stewards’ use in the managers’ offices.
Seniority lists shall be compiled in compliance with this Article, indicating the employees by classification and bargaining unit.
4.5(a) ERRORS IN SENIORITY LISTING - Any error in seniority listings reported to the Company by the Union, upon showing of proof, shall be corrected. However, the Company shall not be obligated for any application of retroactivity.
4.6 LEAVE OF ABSENCE LIST
The Company shall furnish the Business Representative a list by name, classification and date of hire of bargaining unit employees, if any, out on any leaves of absences or returning from any leaves of absences the previous calendar month. The list will contain the type of leave the employee is taking.
4.7 VACANCIES
Vacancy defined is an open job position. The Company has the right to declare vacancies as they deem necessary. Any vacancy opened by the Company shall be posted on the bulletin board and sent to all employee emails for no less than five (5) days. Employees have the right to sign for any job posted for a term of no less than five (5) days, after the posting. The Company then shall have the right to hire externally to fill the vacancy.
ARTICLE 5 LEAVES OF ABSENCE
5.1 UNION EMPLOYMENT
An employee elected or selected to a full-time job in the local Union, AFL-CIO, or the IAM Federal Credit Union, or the International Union, which takes him from his employment with the Company, shall upon written request to the Company receive leave of absence, without pay, for a period equal to his tenure of employment with the Union. Upon completion of his leave of absence during the existence of this Agreement, he shall be re-employed according to his seniority in work generally similar to that which he did last prior to leaving at the wage rates existing at the time of his return, provided such work is available for him according to his seniority, and he has the ability to perform such work. Seniority shall accumulate during such leave of absence.
5.2 TEMPORARY MEDICAL CONDITIONS
Leaves of absence for temporary medical conditions shall be granted to employees without pay for a period not exceeding thirty (30) days, provided the employee furnishes satisfactory proof of such medical conditions prior to granting such leave. If the medical leave continues beyond the thirty (30) days, the leave of absence shall be extended provided the employee furnishes the Company with a report from a licensed physician stating the necessity for such extension.
5.2(a) The Company reserves the right to require a medical certificate for absences in excess of three (3) days or whenever unusual circumstances indicate probable abuses, prior to authorization of absence.
5.3 FALSE PRETENSE
Any leave of absence obtained through false pretense shall be invalid and the employee’s absence shall be recorded as unauthorized and such disciplinary action shall be taken as the Company believes warranted, including discharge.
5.4 APPLICATION FOR LEAVE
All applications for a leave of absence shall be made in writing by the employee (unless beyond the employee’s capability) on a form provided by the Company, and if approved or disapproved, the employee shall be so notified in writing.
5.5 CERTIFICATE OF FITNESS
Should a medical leave require absence from work on short term disability for treatment or convalescence, a certificate of fitness from a medical doctor must be furnished to Human Resources by the employee prior to return to work.
5.6 MILITARY LEAVE
An employee who has received a leave of absence for military duty shall not be paid his unused vacation leave accruals unless he so requests.
5.7 BEREAVEMENT LEAVE
Bereavement leave up to three (3) workdays can be taken and shall be paid when an employee loses time from work due to the death of a member of his immediate family. If a death in the immediate family occurs during the time an employee is out on previously arranged vacation, the employee will be paid bereavement leave instead of vacation leave. Bereavement leave shall be paid only upon request. Members of the immediate family include the employee’s grandchild, step grandchild, father, mother, spouse, sister, brother, child and current relatives as follows:
stepfather, foster father, stepmother, foster mother, half-sister, half-brother, stepsister, stepbrother, stepchild, father-in-law, mother-in-law, son-in-law, and daughter-in-law.
Verification acceptable to the Company of the death and relationship shall be given to the Company upon request. Bereavement leave can be taken on the day of death and any time during the thirty (30) calendar days after the death or extended upon mutual agreement by the company and union.
5.7(a) Two (2) days can be taken and shall be paid when an employee loses time from work due to the death of a grandparent or current spouse’s grandparent, brother-in-law, or sister-in-law. In the event that a grandparent raised an employee as a parent, such grandparent may be considered a parent for the purpose of this provision. “Child” includes a foster child placed in the employee’s home by a state agency.
5.7(b) Leave of Absence (LOA) without pay shall be granted to employees for a period not to exceed thirty (30) calendar days for a death of a spouse, or child, subject to operational requirements of the Company. A LOA may be extended by the Company. A request for a LOA must be submitted on a Request for Leave of Absence form and approved in writing by the applicable Company Representative prior to the effective date of the leave. A copy of the approved or denied request must be given to the employee.
5.7(c) Bereavement leave shall not include premium pay nor be paid for any day that the employee receives holiday pay.
5.8 RESERVE MILITARY SERVICE OR DISASTER RELIEF WITH THE
NATIONAL GUARD
Employees ordered to active duty or disaster relief with the National Guard or organized military reserve units, shall be granted a leave of absence not to exceed fifteen (15) workdays each fiscal year or as required for disaster relief activations provided the employee furnishes the Company a copy of his military orders at the time the leave of absence is requested.
5.9 JURY AND WITNESS DUTY
Full-time regular employees who have been called to be selected or to serve on a jury impaneled by a civil authority are authorized time off. Verification of an employee's attendance at court is required. Employees who have been called to testify as witnesses in legal proceedings, under subpoena, shall be authorized time off with manager level approval. Verification of an employee's attendance at court is required and written proof shall be presented to the Company before the employee’s first day of work following jury/witness duty. A qualifying employee on jury duty shall be paid the difference between payments made to the employee for jury fees, if any, and his/her normal salary not to exceed ten (10) days. Any payment received by the employee shall be provided to the company on the first day of work following the employee's receipt of pay for jury duty. Failure to comply with either requirement shall subject the employee to immediate suspension until either proof or funds are provided to the Company.
5.10 REPORTING ABSENCES
Each employee will report his absence from work prior to the beginning of his shift on the day of absence, or if unable to do so, report his absence as soon as possible after shift starting time.
Each field or department will designate an office location and telephone number for employees to call to report their absence from work.
5.11 FAMILY AND MEDICAL LEAVE
The Company and the employee will comply with all federal laws governing FMLA. All leave approved under the FMLA will be considered unpaid leave.
5.11(a) Employees may obtain the appropriate paperwork and application for FMLA from the appropriate Human Resources office.
ARTICLE 6 GRIEVANCE PROCEDURE
6.1 GRIEVANCE POLICY
The parties agree that all complaints and grievances, monetary or otherwise, should be resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. The Company will have oversight of the grievance and human resource processes.
All parties will make every effort to resolve all issues in a timely manner. All monetary grievance settlements will be paid within two (2) pay cycles of the settlement.
6.2 GRIEVANCE DEFINED
The term “grievance” as used in this Agreement means any dispute arising regarding the interpretation, application, claim of breach or violation of this Agreement. Employees who have a complaint regarding pay, facilities or status changes (reclassification, location transfer, shift change, or displacement) are required to file a complaint (on a form provided by the Company) with the appropriate department prior to filing a grievance on the same subject. If a grievance is filed on one of these subjects prior to filing the appropriate complaint form, the grievance will be returned to the grievant without action. Should the Company fail to respond to the complaint within ten (10) workdays, or the employee is dissatisfied with the response then the complaint shall be considered as a grievance at the third step of the grievance procedure.
6.3 STEP I
An aggrieved employee shall first present his grievance verbally to his supervisor, with or without his steward as the employee may determine within five (5) workdays after the grievance occurred, or the grievant should have diligently known. A grievance settled in Step I shall not be a precedent binding on other grievances. An employee having a grievance shall be given a reasonable time to take the grievance up with the shop steward during working hours without loss of pay to the employee. The supervisor must give the grievant (and steward if applicable) a verbal answer within five (5) workdays.
6.4 STEP II
If the employee is unable to resolve the grievance with his supervisor to his satisfaction, he may reduce it to writing on a form furnished by the Company, provided that the written grievance is signed by the employee and is filed with the employee’s manager within five (5) workdays from the date of the Step I answer.
The written grievance shall contain the following:
(a) A statement of the occurrence giving rise to the grievance, containing all known pertinent facts.
(b) The Article and paragraph of this Agreement alleged to have been breached or violated, and the manner it was breached or violated.
(c) The date, time and place of the alleged violation:
(d) The names of the persons present, if known, having direct personal knowledge of the facts involved; and
(e) A statement of what the aggrieved considers a reasonable and appropriate adjustment of the grievance.
(f) The Grievance shall be signed by the grieving employee or the union representative.
No wage claim shall be valid for a period of more than twelve (12) months prior to the filing of the grievance.
6.4(a) The Company will schedule a meeting in Step II within five (5) workdays from receipt of the written grievance, to be attended by the grievant and the shop steward and persons designated by the Company. The persons attending the meeting on behalf of the Company and the Union have the responsibility and authority to resolve and settle the grievance at the meeting, whether by concession, withdrawal or compromise. If the grievance is settled, such settlement shall be reduced to writing and signed at the meeting, and the grievance shall not thereafter be processed further. A grievance settled in Step II shall not set a precedent binding on other grievances. If the grievance is not settled in Step II, the Company shall give a written answer to the Union within five (5) workdays after the Step II meeting.
6.5 STEP III
If the grievance is not settled in Step II, the Steward may process it to Step III by forwarding the grievance, and attachments or references, if any, to the Manager, Human Resources (or his / her designee) through the Grievance Manager within five (5) workdays after the Company’s Step II answer is received by the Union.
6.5(a) The grievance will be acknowledged, date and time of receipt indicated, and a copy will be returned to the Union Business Representative (or his / her designee) immediately. The grievance will be considered at the next Step III meeting, provided the Company receives the grievance five (5) workdays prior to the Step III meeting.
Grievances received by the Company after that time will be processed in the next following Step III meeting.
6.5(b) Step III meetings will be scheduled upon request of the Business Representative (or his / her designee) or the Manager, Labor Relations (or his / her designee). The requested Step III meeting shall occur within the next five (5) workdays. This meeting may be done virtually with the Business Representative, Steward, and grievant together at the local Union hall.
6.5(c) The Union will request the grievant to attend the Step III meeting to discuss the grievance. The Company will ensure the appropriate manager / supervisor attends the meeting with the grievant. The grievant will then be excused from the meeting. Should the parties choose to caucus, they will then reconvene to discuss their positions and attempt to resolve the grievance.
6.5(d) The persons attending the meeting on behalf of the Company and the Union have the responsibility and authority to resolve and settle the grievance at the meeting, whether by concession, withdrawal, or compromise. If the grievance is settled, such settlement shall be reduced to writing and signed at the meeting, and the grievance shall not thereafter be processed further. It will be indicated on the grievance answer form whether or not such settlement will set a precedent binding on other grievances. If the grievance is not resolved, the parties may mutually agree to extend, or the Company shall give a written answer to the Union within five (5) workdays after the Step III meeting.
6.5(e) A grievant or Steward not on the clock when a Step III meeting is held will be allowed equivalent paid time off during their shift / workday immediately following the Step III meeting.
6.6 REFERRAL TO ARBITRATION
If the grievance is not settled, the Union may refer the grievance to arbitration, by filing a written notice to Human Resources to arbitrate no later than fifteen (15) calendar days after the Company’s Step III answer. Any notice to arbitrate not timely delivered to the Company shall be without effect, and the grievance process shall cease. The Union will request from The Federal Mediation and Conciliation Service a list of seven (7) impartial arbitrators provided however, that no grievance will be processed to arbitration unless written notice is received by the Company as noted above. Upon receipt of and from such list the parties shall choose the arbitrator within ten (10) days after receipt of such list, by alternately striking one (1) name from such list until only one (1) name remains, and that person shall be the arbitrator. (The right to strike the first name shall be determined by lot.) The arbitration hearing must be held within sixty (60) days thereafter, if the selected arbitrator is available in that time frame and the arbitrator must render his award within thirty (30) days after the close of the hearing. Either party may file a post hearing brief based on a schedule set by the arbitrator. If a brief(s) is filed, the hearing shall be considered closed on the date of the filing of the brief(s). The expense of the arbitrator shall be borne by the losing party including any expenses incurred in obtaining a location for the arbitration. All other expenses shall be borne by the party incurring them, including cost of witnesses.
A. Sharing of fees, the cost of a court reporter and the transcript will be borne equally by the parties if both parties order a copy of the transcript.
B. Time limits can be extended by mutual written agreement.
6.7 TIME LIMITS
Failure by the Union to adhere to the timelines set forth in this Article shall constitute a waiver of the right to proceed with the grievance, and the matter shall be considered closed with no further action under the grievance procedure.Time limits may be extended only by written agreement of the Company and the Union prior to expiration of the time limitation. In computing time limits under this Article, except as otherwise provided, Saturdays, Sundays, non-workdays and holidays shall not be counted.
6.7(a) Any grievance not timely answered in Step II may be forwarded by a Steward to Step III. If the Company’s Step II or Step III answer is not timely, the grievant shall be paid an additional fifteen (15) percent of any monetary award resulting from resolution of the grievance.
6.7(b) Step III grievances not involving monetary awards shall be automatically awarded to the grievant should the Company fail to answer the grievance in a timely manner.
6.8 GROUPING OF GRIEVANCES
When like grievances are filed by more than one (1) employee, they may be grouped together and considered in Step III.
6.9 INVOLVEMENT IN GRIEVANCE PROCESSING
Employees and Shop Stewards involved in a grievance process shall make necessary arrangements with their respective Supervisors and shall cooperate to expedite the process.
6.10 POLICY GRIEVANCES
Policy grievances may be filed in Step III. A policy grievance is defined as a grievance involving the interpretation, application, claim of breach or violation of the Agreement affecting the wages, hours or working conditions of a group of employees, including claims of unilateral implementation of new contract language and new job descriptions, as distinguished from a grievance affecting individual employees.
6.11 PRIORITY GRIEVANCES
Grievances filed by the Union concerning termination of Bargaining Unit employees and disciplinary action involving Union Representatives shall be presented directly in Step III and heard by the parties at the first available Step III meeting.
6.12 NO RETROACTIVITY
There shall be no retroactive application of the grievance procedure of this Agreement. Grievances which arose under the previous collective bargaining agreement will not be extinguished by the termination of that agreement, if otherwise timely, and can be processed under that agreement in the same manner as if it had not been terminated.
6.13 GRIEVANCE SOFTWARE
All Union Shop Stewards, Program Managers, Assistant Program Managers, and Labor Relations personnel shall have computer access to the Union Grievance Tracking Software to input / view grievances and print grievance forms.
ARTICLE 7 HOURS OF WORK
7.1 NO GUARANTEE OF HOURS
The purpose of this Article is to define the normal hours of work, but nothing in this Agreement shall be construed as a guarantee of hours of work for any period.
7.2 WORKDAY DEFINED
The employee’s assigned workday will be 0730 to 1630 Monday through Friday.
7.3 WORKWEEK DEFINED
The employee’s assigned workweek shall begin on Monday at 0730 and run through Friday at 1630.
7.4 SHIFTS DEFINED
During the term of the agreement there will only be a day or first shift with the hours above. Should the Company need additional shifts they will notify the Union and the parties will negotiate and set the schedule.
7.5 REST PERIODS
Employees will be allowed one (1) scheduled fifteen (15) minute rest period before and one (1) fifteen (15) minute rest period after lunch in each complete scheduled workday; the time of and zones for such periods to be fixed by the Company. The Company will attempt to establish the first rest period at approximately mid-way between the beginning of the shift and the lunch period and will attempt to establish the second rest period approximately mid-way between the lunch period and the end of the shift. Employees required to work overtime shall be entitled to take a fifteen (15) minute rest period prior to starting overtime and the regularly scheduled rest period on the shift where the overtime is worked after working the second hour of overtime. Employees shall work up to the start of the rest period and be at their place of work at the end of the rest period. Employees will not be allowed to leave the work site while on a rest period. Employees will be allowed to clean up their workstations as required prior to the end of the shift.
7.6 TIME KEEPING
Should an employee fail to clock in, such employee will bring the matter to the attention of his supervisor.
No employee shall clock in or out for any other employee.
7.7 READY FOR WORK
An employee shall be expected to be at his workstation ready for work at the beginning of his shift and is to continue working until the end of said shift.
7.8 LUNCH PERIODS
Lunch period will be established and designated by the Company for periods of one (1) hour, at approximately the midpoints of the shifts, in keeping with sound facility practices and efficiency.
Employees may leave the work site for lunch periods.
7.9 PREMIUM PAY
There shall be no pyramiding of premium or overtime pay, and nothing in this Agreement shall be construed to require the payment of premium or overtime pay more than once for the same hours worked.
When more than one (1) premium or overtime rate applies, the highest rate will be used.
7.9(a) Overtime will be paid at the rate of one and one-half (1.5) times the regular rate of pay as follows:
7.9 (a)(1) For all authorized hours worked in excess of forty (40) hours worked in the employee’s assigned workweek, for which overtime has not previously been paid.
7.9 (a)(2) For all authorized work performed on the sixth (6th), workday during the employee’s assigned workweek.
7.10 ESSENTIAL EMPLOYEES
All employees on this contract are considered essential.
ARTICLE 8 HOLIDAYS
8.1 RECOGNIZED HOLIDAYS
The Company recognizes the following twelve (12) holidays:
New Year’s Day Labor Day Martin Luther King’s Day Columbus Day President's Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day Floating Holiday
8.1(a) The Company shall work minimum manning on the following: Friday after Thanksgiving, Christmas Eve, and New Year’s Eve.
8.2 ADDITIONAL HOLIDAYS
In addition to the holidays listed above, the Company will observe any holiday that is declared a legal holiday by Congress, the President, or military authority and is observed by the military installation with pay for federal employees. If such a holiday is established by Executive Order, it will only be recognized if the Executive Order specifically applies to federal contractors and the Contracting Officer confirms it is applicable to this contract. Recognized holidays under this provision will be treated the same as other Company-observed holidays.
If the government facility closes for a holiday that does not meet these conditions (e.g., not a paid holiday for government employees and not applicable to contractors), and the closure would otherwise result in an employee losing a day’s pay, the employee may…
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