(10)_CBA_-_Senspex,_Ft._Irwin_CBA_(08_Mar_16_-_28_Feb_19).pdf

Collective Bargaining Agreement

Between

SENSPEX, INC.

And

International Association of Machinists and Aerospace Workers, AFL-CIO

District Lodge 725

Local 25

Fort Irwin NTC, CA.

March 28, 2016 – February 28, 2019 i

Table of Contents

PREAMBLE

ARTICLE 1. INTENT AND PURPOSE

ARTICLE 2. RECOGNITION

ARTICLE 3. BARGAINING UNIT

ARTICLE 4. MANAGEMENT RIGHTS

ARTICLE 5. SENIORITY

ARTICLE 6. UNION MEMBERSHIP CHECK-OFF

ARTICLE 7. UNION ACCESS

ARTICLE 8. STEWARDS

ARTICLE 9. DISCHARGE AND DISCIPLINE

ARTICLE 10. GRIEVANCE PROCEDURE AND ARBITRATION

ARTICLE 11. HOURS OF WORK AND OVERTIME

ARTICLE 12. HOLIDAYS

ARTICLE 13. PAID TIME OFF (PTO)

ARTICLE 14. JURY DUTY

ARTICLE 15. BEREAVEMENT

ARTICLE 16. WAGES AND JOB CLASSIFICATIONS

ARTICLE 17. HEALTH AND WELFARE

ARTICLE 18. 401(k)

ARTICLE 19. LEAVE OF ABSENCE / ATTENDANCE

ARTICLE 20. NO STRIKES OR LOCKOUTS

ARTICLE 21. BULLETIN BOARDS

ARTICLE 22. EFFECT OF LAW

ARTICLE 23. SCOPE OF AGREEMENT

ARTICLE 24. NON-DISCRIMINATION

ARTICLE 25. SAFETY AND EQUIPMENT

ARTICLE 26. TRAINING

ARTICLE 27. GENERAL PROVISIONS

ARTICLE 28. MACHINISTS CUSTOM CHOICE WORKSITE BENEFITS PROGRAM

ARTICLE 29. SUBSTANCE ABUSE POLICY / EMPLOYEE ASSISTANCE PROGRAM

ARTICLE 30. DURATION

PREAMBLE

This Agreement is made and entered into March 28, 2016 by and between Senspex

Incorporated (hereinafter referred to as the Company) and the International Association of

Machinists and Aerospace Workers, District Lodge 725 and Local Lodge 25 (hereafter referred to as the Union) with respect to work performed at the Ft Irwin NTC, California.

ARTICLE 1. INTENT AND PURPOSE

In setting forth certain provisions pertaining to wages, hours of work, and working conditions, the Company and the Union have agreed to cooperate in establishing and maintaining a harmonious relationship and have provided procedures for the peaceful settlement of all grievances that may arise.

ARTICLE 2. RECOGNITION

The Company herein recognizes the Union as the sole and exclusive bargaining agent as certified by the National Labor Relations Board Case No. 31-RC-159481 for the purpose of collective bargaining with respect to rates of pay, wages, and hours of employment and other conditions pertaining to employment for all of the employees in the Bargaining Unit hereinafter set forth.

ARTICLE 3. BARGAINING UNIT

The Bargaining Unit shall consist of the following classifications: All Audio Visual Specialists 1 and 2 and Lead Audio Visual Specialists (“Lead”).

Excluding all other employees, office clerical employees, guards and supervisors as defined by the Act.

ARTICLE 4. MANAGEMENT RIGHTS

Section 1. Except as specifically set forth in this Agreement, the Company reserves and retains exclusively all statutory and inherent management rights, including but not limited to, the right to establish reasonable policies, practices, and procedures for the conduct of the business;

to select and direct the working force; to transfer or promote employees; to lay off employees for lack of work; to make and enforce reasonable rules for the maintenance of discipline and discharge for just cause; to determine the number of employees to be employed; to hire and determine employee qualifications and assign them work; to promote, demote, transfer, lay off, and recall employees; to eliminate jobs and classifications; to set standards of productivity and the services to be rendered; to maintain the efficiency of operations; to determine the methods and means by which operations are conducted; to set starting and quitting times and the number of shifts to be worked; to control the use of equipment and other Company property; to introduce new or different research, production, service, and maintenance methods, materials, and equipment; to implement, continue, modify, or discontinue training programs; and in all other respects, to carry out the customary functions of management, whether exercised or not.

Section 2. Subject to the remaining provisions of this Agreement, the Company shall not be deemed to have agreed to any term or condition of employment not specifically set forth in this

Agreement. The parties also specifically agree that the Company shall not be bound in any way to any past practice which arose or was in place prior to the date of this Agreement.

Section 3. The parties recognize that the above statement of management rights is for illustrative purposes only and shall not be interpreted to exclude those prerogatives not mentioned which are inherent to the management function. The management rights expressed in the above sections shall not be deemed to limit any right of the Union contained in this

Agreement.

ARTICLE 5. SENIORITY

Section 1. The Seniority of an employee is the length of his continuous service with the present contractor, or successor, and with predecessor contractors. An employee shall hold seniority in the job classification as listed in Article 16 of this Agreement to which he has been assigned.

“Benefit Eligibility Date” of an employee is the length of his continuous service on the contract including time spent with predecessor Companies on the contract.

Seniority Dates and Benefit Eligibility Dates of current employees are listed in Appendix A.

a) When vacancies occur in any job classification covered by this Agreement, the Company shall post notice of such vacancies for a period of seven (7) calendar days. Provided that abilities are relatively equal, if any bargaining unit employees apply for that vacant position the Company shall award that job vacancy to the employee with the most bargaining unit seniority.

b) Employees transferring into the bargaining unit shall retain their Company date of hire for vacation purposes only, but their bargaining unit seniority date shall be their date of transfer into the bargaining unit.

Section 2. In cases of layoff, the Company will first request for volunteers and then the employee with the least seniority in the affected job classification shall be laid off first. The

Company shall notify affected employees as soon as the facts are known to the Company of upcoming layoffs, but not less than two (2) weeks of notice or two (2) weeks of pay in lieu thereof. All affected employees shall be given notice in writing.

Section 3. An employee shall lose his seniority and his continuous employment shall be broken for the following reasons:

a) Resignation.

b) Discharge for just cause.

c) Layoff in excess of eighteen (18) months.

d) Failure to return to work within seven (7) calendar days at the expiration of a leave of absence.

e) Failure to return to work within seven (7) calendar days after being recalled. If the employee being recalled is currently employed by another employer the employee shall be allowed to give a courtesy two (2) weeks of notice to the other employer before being required to return to work.

f) Absence of three (3) consecutive work days without reporting to the Company, unless the employee proves that he was so incapacitated that he was unable to contact the employer by phone, or if the employee is on leave because of a workplace injury.

g) Retirement.

h) *Loss of security clearance.

i) Working at another job while on a medical leave of absence.

j) On a leave of absence for any reason in excess of twelve (12) calendar months, unless state or federal law requires otherwise.

*Loss of security clearance: It is understood that a security clearance is required in order to perform such work in the job classifications covered by this Bargaining Unit and that such clearance requirements shall be a condition of continued employment with the Company.

These employees shall be subject to the investigation for security clearance under regulations prescribed by the Department of Defense and any denial or withdrawal of such clearance shall be grounds for termination of employment and not subject to the grievance procedure.

The Company will reinstate (with seniority intact) a non-probationary employee who loses his unescorted entry authorization, where such unescorted entry authorization is reinstated by the

U.S. Government within twelve (12) months. The Union may request an extension of up to six

(6) months from the Company and said request shall not be unreasonably denied. Such employee shall be solely responsible for initiating and fulfilling all actions associated with the appeal process to have security clearance reinstated per guidance and direction provided by the

Government. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held job classification.

Section 4. Each new employee shall serve a probation period of ninety (90) days. During an employee’s probationary period the Company shall have the authority to terminate the employee’s employment with or without cause. Any such termination during the probationary period shall not be subject to the grievance or arbitration procedures.

Section 5. In recall back to work, the employee with the most seniority in the open job classification shall be recalled first. An employee subject to recall shall be sent a certified, registered or trackable priority delivery letter (such as FedEx or UPS) to the employee's address given at the time of his layoff or the last address provided by the employee after layoff.

ARTICLE 6. UNION MEMBERSHIP CHECK-OFF

All employees covered by this Agreement shall, as a condition of continued employment, become and remain members of the Union in good standing during the term of this Agreement.

All new employees covered by this Agreement shall, as a condition of employment, become members of the Union immediately after thirty (30) calendar days of employment, and remain members in good standing during the term of this Agreement.

The Union will make membership in the Union available to all employees covered by this

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

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

Upon receipt from the employees of a dues deduction authorization form, payroll deductions shall be remitted to the location as designated by the District Lodge 725 by the fifteen (15th) of the month following the month the payroll deductions are made. The Company shall furnish to the Financial Officer of the Union, monthly, a record of those from whom deductions have been made and the amounts of the deduction.

ARTICLE 7. UNION ACCESS

Accredited representatives of the Union shall have the maximum access permissible under applicable security regulations to the appropriate areas of the base during working hours for the purpose of conducting Union business pertaining to the provisions of this Agreement. It is understood that all arrangements for visits of the accredited representatives of the Union to the

Company's facility shall be made through the Site Supervisor with at least twenty-four (24) hours’ advance notice, except in cases of emergency.

ARTICLE 8. STEWARDS

Section 1. The Company recognizes the right of the Union to designate Stewards from the seniority list.

Section 2. Stewards shall investigate, present, and process grievances without loss of time or pay during his regular working hours. Stewards, however, shall not be paid for time spent handling grievances outside of his regular scheduled working hours. Stewards shall take only such time as is reasonably necessary during working hours to investigate, present, and process grievances.

Section 3. The Steward will be placed at the top of their classification on the Seniority List and will be the last to be laid off while in such capacity.

ARTICLE 9. DISCHARGE AND DISCIPLINE

Section 1. The parties agree that they will cooperate to foster a motivated and efficient workforce. Maintaining discipline is an essential element of this effort. The Company will retain the right to discipline employees by discharge, suspension, or other action. No disciplinary action will be taken without just cause.

Section 2. In all cases of discipline, the Site Supervisor will notify the Steward and meet with him. The Site Supervisor will advise the Steward of the reason the action is being taken or has been taken. The Site Supervisor or the Steward may request to have the employee(s) present at the meeting, whenever practical. The Steward will be given time to meet with the employee prior to meeting the Site Supervisor, whenever practicable.

Section 3. When an employee is to be given corrective discipline, the principles of progressive discipline generally shall be applied, unless the offense is so egregious that it may, as determined by the Company in good faith, require one or more advances in steps (with “Just

Cause”) (for example, fighting, stealing, or reporting to work under the influence of illegal drugs or alcohol shall constitute just cause for termination of employment). In such cases where the

Company advances to termination of employment as set forth above, the Company first shall have conducted an investigation to establish that said offense was committed. In these cases, the Company shall place the employee on an unpaid administrative leave pending said investigation. If the investigation does not establish that the employee committed said conduct, the employee shall be reinstated with back-pay for the hours he would have worked had he not been placed on administrative leave. Subject to the foregoing, discipline shall be issued as follows:

Step 1: Verbal Counseling (Documented): Shall be valid for twelve (12) months.

Step 2: Written Warning: Shall be valid for twelve (12) months.

Step 3: Suspension: Shall be valid for twelve (12) months.

Step 4: Termination.

Notwithstanding steps 1, 2, and 3, all disciplinary records shall be valid for not less than twelve

(12) calendar months from the date of issuance, except in those cases where the Company establishes a pattern or consistent history of the same or substantially similar behavior over a period greater than twelve (12) calendar months but not more than sixteen (16) calendar months. In no event shall the Company use records that are older than sixteen (16) calendar months for disciplinary purposes. The Parties agree that any discipline issued prior to the effective date of this Agreement shall not be used for disciplinary purposes.

Section 4. It is understood and agreed that any disciplinary action issued to an employee by the Company shall be issued within ten (10) work days following knowledge by the Company of the occurrence of the alleged violations. The above specified time limit may be extended by written mutual agreement of the parties, and said mutual agreement shall not unreasonably be denied.

ARTICLE 10. GRIEVANCE PROCEDURE AND ARBITRATION

Section 1. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by conference between the Site

Supervisor and the employee involved. If not resolved at this informal level, a formal written grievance shall be filed. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the section of this Agreement alleged to have been violated and the action, remedy, or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed by the affected employee or by a Union Representative. A grievance may be filed by the Business Representative in the absence of the Steward.

Grievances filed for suspensions or termination will be automatically initiated at Step 3 of the grievance procedure.

Grievances shall be processed according to the steps and time limits specified.

No grievances shall be filed or processed based on facts, events, or omissions within the employee's knowledge which have occurred more than ten (10) calendar days before such grievance is filed, except for a bona fide pay discrepancy, which must be filed within thirty (30) days after the bona fide pay discrepancy was discovered. Both parties agree to exert an earnest effort to settle such grievance promptly through the following steps:

Step 1. The employee involved shall first confer with his Site Supervisor in order to amicably settle the matter. The Site Supervisor shall handle all grievances during normal working hours without any unnecessary interruption of work. If the dispute is not resolved amicably, then the Steward must file a grievance with the Site Supervisor within five (5) calendar days after the employee’s or Steward’s meeting with the Site

Supervisor. Within five (5) calendar days after receipt of the grievance the Site

Supervisor shall submit a written response to the Steward.

Step 2. If not resolved at Step 1, the Union's Business Representative may submit the grievance to the Human Resources Manager within ten (10) calendar days after the Company’s Step 1 response. The Business Representative and Human

Resources Manager or her designee shall meet via telephone and attempt to resolve the dispute. The Human Resources Manager shall submit a written response within five (5) calendar days after receipt of the Step 2 grievance.

Step 3. If the parties are unable to resolve the dispute at Step 2, the Grieving

Party must request, in writing, a panel of seven (7) arbitrators from the Federal

Mediation and Conciliation Service within five (5) calendar days following the

Responding Party’s Step 2 response. The Grieving Party must concurrently serve the

Responding Party a copy of its written request to the FMCS. The Grieving Party shall strike first, and thereafter the parties shall alternately strike one name from such list until only one name remains and that person shall be the Arbitrator. The Parties shall notify the Arbitrator of their selection and shall coordinate schedules between the Company, Arbitrator, and Union. The fees and expenses of the Arbitrator shall be shared equally between the Parties. The Company and the Union shall continue to attempt to resolve the grievance prior to arbitration.

Company Grievances: Grievances filed by the Company shall be instituted as follows:

The Company must file a grievance with the Business Agent within ten (10) calendar days after a dispute between the Parties arises. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the section of this

Agreement alleged to have been violated and the action, remedy, or adjustment sought.

Within five (5) calendar days after the receipt of the grievance, the Union shall submit a written response. If no resolution or settlement is reached, the Company may demand arbitration and request a list of arbitrators as set forth in Step 3 above. In these cases the Company shall strike first from the panel of arbitrators.

Section 2. The arguments before the Arbitrator will be oral, written, or both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter, or change any of the terms of this Agreement. Nor shall the Arbitrator have the authority to engage in any form of interest arbitration. The Arbitrator's authority shall be to address only the issue before him and interpret and apply the provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence presented at the hearing and the Collective

Bargaining Agreement.

Section 3. The parties may file post hearing briefs. The Arbitrator shall render his decision within thirty (30) days of the close of the hearing or receipt of the briefs (unless otherwise agreed upon). The Arbitrator's decision shall be in writing. The award shall be delivered or mailed to each Party. The decision of the Arbitrator shall be final and binding on all Parties.

Section 4. In cases of cancellation, the Party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees or costs of the Arbitrator shall be shared equally by the Parties (unless otherwise agreed upon). No more than one (1) grievance shall be submitted to the same Arbitrator, unless mutually agreed to.

Section 5. Either Party may request and pay for the attendance of a court reporter. If the other Party wishes to receive a copy of the transcript, that Party shall share equally in the cost of the transcript.

Section 6. At every step or stage of this Article, time shall be of the essence. Failure of an employee or the Union to meet any deadline at any step of the grievance or arbitration procedure shall constitute a waiver of the grievance and/or right to proceed to arbitration and no further action may be taken on it. Failure of the Employer to meet any deadline at any step of this grievance or arbitration procedure shall be considered forfeiture of the right to deny the grievance remedy requested. Although time shall be of the essence, the time limits set forth in this Article can be extended only by mutual written agreement between the Company and

Union.

ARTICLE 11. HOURS OF WORK AND OVERTIME

Section 1. Eight (8) consecutive hours, exclusive of a meal period of a minimum of thirty

(30) minutes, shall constitute a normal work shift.

Section 2. The workweek for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Saturday at midnight and running through the following Friday at

11:59 p.m.

The normal work schedule shall be Saturday through Friday. The Company shall make every effort to schedule employees for five (5) consecutive days, with two (2) consecutive days off, but reserves the right to modify this schedule based upon operational needs and the needs of the

Government.

Section 3. All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per day. One (1) to be taken during the first half of their work day and one (1) to be taken during the second half of their work day.

In the event any employee is required to work beyond any eight (8) hour work day, the affected employee will receive an additional paid fifteen (15) minute rest period prior to commencing additional work and during each two (2) hour period of additional work. The Company shall follow all state and federal laws.

Employees shall be provided with a thirty (30) minute meal period before the end of the fifth

(5th) hour of work, unless the employees are working six (6) or fewer hours and elect in writing to waive the first (1st) meal period. Employees working more than ten (10) hours in a day shall be provided a second (2nd) thirty (30) minute meal period, unless employees choose to waive the second meal period, in writing, and do not work more than twelve (12) hours that day. The second (2nd) meal period shall be taken no later than at the tenth (10th) hour of work. If the

Company requests the employee to work through such meal period, the employee shall be paid for the time worked.

Section 4. Shift Premium: Employees assigned to work between the hours 1700 and 0500 shall receive a shift differential of $0.50 per hour for all hours worked between 1700 and 0500.

Section 5. An employee who is scheduled and reports for work at the scheduled time without having been notified not to report shall receive pay not less than four (4) hours pay at his/her working rate. If more than four (4) hours are worked, the employee shall receive pay for actual hours worked.

Section 6. The Company shall assign scheduled overtime on a voluntary basis. When there are more volunteers than needed the Company shall offer the overtime by seniority. Employees do not have the right to move from one shop to another for overtime purposes. The Company has the right to require employees to perform mandatory overtime work as it deems necessary.

If there are no volunteers to work overtime, the Company shall assign overtime based on reverse seniority.

Overtime at the rate of one-and-one half (1.5) times the straight-time rate will be paid for hours worked over eight (8) in a day and over forty (40) in a workweek. Overtime at the rate of double

(2.0) the straight-time rate will be paid for hours worked in excess of twelve (12) hours per day.

All overtime shall be paid in accordance with California law.

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

An employee who has not completed his/her probationary period will not be assigned any scheduled overtime, unless all qualified senior employees on the affected shift have had an opportunity to work the overtime, and it is determined by the Site Supervisor that the probationary employee is qualified to carry out the responsibilities to be assigned to the overtime.

Section 7. There shall be no pyramiding of overtime. Nothing in this Agreement shall be construed as to require the payment of overtime on overtime, or the compounding of overtime as a result of computing hours in accordance with this Article.

Section 8. If the Government notifies the Site Supervisor that access to the work site is barred to “non-essential personnel” due to severe weather, natural disaster, or base/worksite closure for any reason, the employees will be paid for their regular scheduled workday not to exceed eight (8) hours. If this occurs during working hours all non-essential employees will be sent home. Employees must verify management concurrence by calling the Site Supervisor.

The Site Supervisor will notify employees scheduled to work on the day of the base/worksite closure not to report to the worksite. This Section shall require only that, in the event that access is barred to “non-essential personnel” due to severe weather, natural disaster, or base/worksite closure for any reason, the Company’s obligation shall be limited to a single payment to each employee affected by the event of up to eight (8) hours of straight-time pay for each discrete event requiring that non-essential personnel be barred from the worksite.

ARTICLE 12. HOLIDAYS

Section 1. Holiday pay is eight (8) hours pay, which is payable at the employee's straight-time hourly rate.

Section 2. The Company shall provide employees eight (8) hours of straight-time pay for ten

(10) holidays in a calendar year. These holidays shall be observed during the Max Leave

Holiday Schedule. The Company shall provide the Max Leave Holiday Schedule to employees within ten (10) days after receipt from the Prime Contractor. The Parties understand and agree that the Prime Contractor has the discretion to modify the Max Leave Holiday Schedule at any time. In these cases the Company shall notify employees as soon as practicable.

Section 3. Any employee required to work on any of the above holidays during the Max

Leave Holiday Schedule shall be paid for all hours worked at double (2.0) the working rate.

Section 4. When a holiday falls during an employee’s vacation, the holiday will not be charged as vacation. The employee will receive holiday pay for the holiday.

Section 5. Any additional holiday designated by Federal Government mandate or

Presidential Executive Order that is observed at the base will be observed in addition to the holidays already provided by the Company, provided the Company is reimbursed by the

Government for the holiday.

ARTICLE 13. PAID TIME OFF (PTO)

Section 1. Each employee shall earn PTO for continuous service on a bi-weekly basis according to the following schedule:

YEARS OF SERVICE BIWEEKLY ANNUALLY

Less than five (5) years 3.08 hours 10 days

More than five (5) years but less than ten (10) 4.62 hours 15 days

More than ten (10) years 6.15 hours 20 days

Employees may carry over up to forty (40) unused hours of PTO from one anniversary benefit year to the next; any carry over in excess of forty (40) hours will be paid out on the first pay day following April 30 of each year.

Section 2. Employees are requested to make their written vacation request as far in advance as reasonable. It is understood and agreed that final approval of vacation requests rests exclusively with the Company and an employee’s request will not be unreasonably denied.

Section 3. PTO shall be computed at the employee's straight-time pay. Employees must use vacation time in increments of no less than one half (.5) hour a day.

Section 4. Employees will be paid out the balance of any PTO time earned upon termination of employment or being laid off.

Section 5. PAID SICK TIME (PST): All employees will receive three (3) days of sick leave at their straight-time rate on May 1 of each year. If not used, PST shall not be paid out at termination of employment for any reason and cannot be carried over from one year to the next.

ARTICLE 14. JURY DUTY

An employee required to be absent from his employment to serve on a jury shall be paid eight

(8) hours of straight-time pay for up to five (5) scheduled working days. Such absences shall be supported by a copy of the jury summons and a statement signed by the Clerk of Court certifying as to each day of jury duty.

An employee who is subpoenaed to court as a witness and is not involved directly in the case shall receive up to eight (8) hours of straight-time pay if the employee is required to be absent from work.

ARTICLE 15. BEREAVEMENT

Employees shall receive three (3) paid days (eight [8] hours per day at the employee’s straight-time rate) of bereavement leave when a death occurs in their immediate family. Immediate family is defined as parent, grandparent, spouse, child, grandchild, brother, sister, mother-in-law, father-in-law, stepparent, step-child(ren), brother-in-law, sister-in-law, domestic partner, and foster child(ren).

The Company may require reasonable proof of death under this Article. If the funeral is more than four hundred (400) miles from the employee’s address of record with the Company, the employee shall be granted two (2) additional days off with pay to attend the funeral.

ARTICLE 16. WAGES AND JOB CLASSIFICATIONS

Section 1. The following hourly rates of pay shall prevail during the term of this Agreement:

CLASSIFICATIONS

Current Rate

05/01/2016 7%

05/01/2017 2.5%

05/01/2018 2.75%

Audio Visual Specialist I $18.28 $19.56 $20.05 $20.60

Audio Visual Specialist II $23.73 $25.39 $26.02 $26.74

Audio Visual Leads: Audio Visual Lead employees shall receive an additional two dollars

($2.00) for each hour worked. Lead employees shall not have the authority to discipline employees, approve/reject time off, change terms or conditions of employment, or act in any other manner as a supervisor.

Section 2. Employees temporarily promoted to a higher job classification shall receive the rate of the job classification they are temporarily assigned to. They shall, upon return to their prior classification, assume the rate held prior to the temporary assignment as directed. An employee temporarily assigned to a lower paying job will continue to receive their normal rate of pay.

Section 3. Hazard Pays

Flight Pay: Personnel required to utilize aircraft for transportation or performance of their duties shall be paid at one and one-half times (1.5) the straight-time rate. One (1) hour minimum.

Live Fire Hazard Pay: In those cases where an employee is required wear Kevlar helmets and vests and perform duties in a live fire area during a live fire mission, employees shall receive an additional One Dollar and Fifty Cents ($1.50) per hour for all hours worked while in a live fire area during a live fire mission.

ARTICLE 17. HEALTH AND WELFARE

Section 1. Employees shall be entitled to participate in the Company’s various health and welfare plans as may be modified from time-to-time in the Company’s sole discretion. In all cases the actual plan documents shall govern an employee’s eligibility to participate in, and receive benefits under, any such Company plan or policy. The Union agrees that the Company may make unilateral changes to the benefits set forth in this Article. The cost of the plans may be offset by a health and welfare benefit paid to the bargaining unit member employees.

Effective on the date identified below, the Company will provide each employee a Health &

Welfare benefit for hours worked, to a maximum of forty (40) hours per workweek, in the amount below:

May 1, 2016: $4.75

May 1, 2017: $5.00

May 1, 2018: $5.25

Employees have the option to purchase coverage under the Company’s benefits plans (Medical, Dental, Vision, Life and AD&D and Disability Insurance). Any unused monies will remain with the employee.

Section 2. Opt-out option: Employees may elect to waive health insurance coverage and elect to receive the cash in lieu of the benefits. The cash in lieu of the benefits will be paid on a biweekly basis.

ARTICLE 18. 401(K)

As of the effective date of this Agreement employees shall be permitted to continue participating in the Company’s 401(k) plan on the same terms and conditions as all other employees of the

Company. Effective January 1, 2017, employees shall cease participation in the Company’s current plan and shall be permitted to participate in a new Company-sponsored 401(k) plan subject to the terms and conditions of that plan, provided the Company shall continue to pay all administrative fees associated with the establishment and administration of the new plan.

ARTICLE 19. LEAVE OF ABSENCE / ATTENDANCE

Section 1. Seniority shall continue to accumulate during the approved leaves of absence.

When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension in writing of such leave prior to expiration if additional time is required. All such extensions must have prior Company approval. The

Steward will be notified when extensions are submitted and granted/denied.

When leaves of absence are granted, the employee, upon return to active employment, will be returned to his/her classification based upon seniority. When an employee fails to return to work within seven (7) calendar days after the expiration of a leave of absence, the employee shall be deemed to have voluntarily resigned unless the employee can establish to the reasonable satisfaction of the Company that the employee was medically unable to return to active employment.

Section 2. Leave Without Pay (LWOP): LWOP may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be not exceed more than thirty (30) calendar days. Requests for LWOP must be made in writing and must receive approval by the Company. A maximum of two (2) extensions may be approved by the Company.

Section 3. Medical Leave: Job-protected leave for personal illness shall be granted to an employee for a period not to exceed ninety (90) days and will be extended when supported by sufficient medical verification supplied by the employee from a licensed physician. Failure to provide requested supporting documentation shall result in the leave request being denied.

Leaves of absence for personal health reasons will not exceed twelve (12) months. Employees must use any earned but unused time off concurrently with any medical leave.

Health, Dental, Vision, and Life and Disability insurance, if elected, in addition to any optional benefits elected by the employee, will continue for the duration of the leave of absence as described above as long as the employee continues to pay his/her portion of the premiums at least ten (10) days prior to the next month’s insurance coverage.

The granting or disallowance of personal/medical leaves of absence for employees within the probationary period will be at the discretion of the Company.

Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA): When required by the FMLA or CFRA, leaves of absence will be granted in accordance with those statutes. When FMLA or CFRA applies to the Company, the employee must use all earned but unpaid time off concurrently with any leave that may be taken under the FMLA or CFRA.

Section 4. Return to Work: An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written release of a licensed physician. Should the Company question the employee's capability to perform the essential functions of the job, the Company may have the employee examined by another physician prior to returning the employee to work.

While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work on a biweekly basis, except in those cases where the employee's physician has provided an expected date of return.

An employee may be returned to duty provided the Company is able to reasonably accommodate said restrictions.

Section 5. Union Leave: Leaves of absence without pay or benefits for Union business will be granted to Bargaining Unit employees of the Company who are elected or appointed by the

Union for a full-time position or, to attend such functions as conferences, conventions, and

Union educational courses, provided at least five (5) workdays advance noticed is given in writing to the Company, if possible to do so. However, not more than one (1) employee from each department may be on a short-term leave of absence with the Union at any given time and only one (1) employee may be on a long-term leave of absence with the Union at any given time. Employees on such leave shall continue to accrue seniority.

The Company shall grant long-term Union leave for a period not to exceed thirty (30) calendar days provided at least one (1) month advance noticed is given in writing to the Company. When leave is granted, the employee may return to the job last held, if such job is then populated. If such job is not then populated, the employee will be returned to one of equal grade.

Section 6. Workers’ Compensation: Leaves of absence without pay in workers’ compensation injury and occupational disease cases will be granted automatically for up to twelve (12) months from the date of injury or disease and seniority will accumulate for the full period of such leave.

Section 7. Military Leave: An employee who has completed his/her probationary period, who is called to and performs short-term active duty of thirty (30) days or less, including active duty training as a member of the United States Armed Forces Reserves or National Guard, shall be paid the difference between the employee's military rate and the employee's straight-time hourly rate of pay for a period of up to thirty (30) scheduled working days per calendar year. The employee must present a copy of the employee's order to the Company as soon as they are received by the employee. Upon return from active short-term duty, the employee must present pay vouchers so that the calculation of the difference in pay may be computed. The employee will be given a leave of absence for and will accumulate seniority during such period of service.

Employees required to report for military training in excess of thirty (30) consecutive days, or those called to active duty, shall be reinstated in accordance with the Uniformed Service

Employment and Reemployment Rights Act. The Parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Section 8. Absence from Work: Employees shall not be absent from work without notifying the Company’s Site Supervisor or designated Company representative at least one (1) hour prior to the start of their shift, except in extenuating circumstances.

ARTICLE 20. NO STRIKES OR LOCKOUTS

Section 1. It is expressly understood and agreed that the Company’s business is directly related to the important and vital work of the United States Government and that the Company must furnish efficient and uninterrupted service to the Government. Accordingly, the Parties agree as follows:

For the duration of this Agreement, the Union agrees that it shall not cause or engage in, nor permit its members to cause or engage in, nor shall any employee covered by this

Agreement take part in any strike, picketing, sympathy strike, slowdown or stoppage of work, and the Company agrees that it shall not cause or engage in any lockout. Either

Party hereto shall be relieved of this obligation in the event of failure of the other Party to comply with an arbitration award made within the authority of this Agreement, provided, however, that neither Party may strike or lockout if the other Party moves to confirm or vacate an arbitration award.

Section 2. The Company agrees that for the duration of this Agreement there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of the operation or any part thereof or curtailing any operations for business reasons.

Section 3. An employee who engages in any conduct which violates the provisions of this

Article shall be subject to discipline, up to and including discharge for cause, notwithstanding any of the other provisions of this Agreement. Said conduct, if proven by clear and convincing evidence, shall constitute just cause for discharge. For purposes of this Agreement, “clear and convincing evidence” means the arbitrator must be persuaded that it is highly probable the employee violated this Article.

ARTICLE 21. BULLETIN BOARDS

The Company shall provide a sufficient number of glass-enclosed bulletin boards onsite for the

Union to post official Union information for their membership. The keys shall be retained by the

Union.

ARTICLE 22. EFFECT OF LAW

Section 1. Should any part of this Agreement or any provision herein contained be rendered or declared by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of any such part or portion of this Agreement shall not invalidate the remaining portions herein and they shall remain in full force and effect.

Section 2. The Company and the Union, within thirty (30) days of knowledge of such an occurrence shall meet to discuss the impact of such actions. If either party desires to negotiate a new provision regarding the affected portion, then that party may serve notice upon the other, in writing, of its desire to negotiate the provision of the Agreement affected by such legislation or court decree. The parties shall meet within thirty (30) days of presentation of the written notice to negotiate changes to the Agreement. Any modification or changes to this Agreement brought about by the above negotiations shall be in writing and signed by the Parties hereto.

ARTICLE 23. SCOPE OF AGREEMENT

Should the Customer require the Company to relocate, and said relocation results in work or services presently performed under this Agreement being transferred, the Company agrees to consult with the Union and offer employees who are adversely affected job opportunities that may be available at the new facility(ies) whenever possible.

This Agreement shall be binding upon the Parties hereto, their successors, administrators, executors, and assigns. In the event the Company sells its assets to another entity, the

Company shall give notice of the existence of this Agreement to said purchaser. Such notices shall be in writing with a copy to the Union at the same time the Company closes on the asset purchase.

ARTICLE 24. NON-DISCRIMINATION

Section 1. The Company and the Union agree to observe all applicable federal and state laws regarding non-discrimination against any employee because of race, color, religion, creed, national origin, disability, veteran status, age, gender identity/expression, sexual orientation or preference, citizenship status, medical condition, or sex.

Section 2. The use of personal pronouns of masculine gender is for grammatical purpose only and the terms of the Agreement shall apply equally to persons of either sex.

ARTICLE 25. SAFETY AND EQUIPMENT

Section 1. It is the intent of the Company to maintain safe and healthy conditions as is necessary to protect employees from injury. It is the desire of the Parties to this Agreement to have a site “Joint Safety Committee,” to promote and maintain high standards of safety for the operations of the Company, in order to eliminate, as far as possible, industrial accidents and illness.

The Joint Safety Committee will be made up of one (1) employee from each department (Field

Video Team and Real Time) and site management. The Committee will meet no less than quarterly.

Section 2. Employees shall be provided OSHA-compliant safety gear as required for use in performing work. In those cases where the employee wishes to purchase boots that exceed the cost of the free boots that are available to the employee, the Company shall reimburse employees up to fifty dollars ($50.00) every two (2) years for the purchase of upgraded boots upon submission to the Company of an original purchase receipt itemizing the boot purchase.

ARTICLE 26. TRAINING

As determined by the Company, Bargaining Unit employees may be transferred to other assignments within the Bargaining Unit for the purpose of direct training of employees in the operation and/or maintenance and/or equipment involved.

The Company will determine the need and the number of employees to be trained. In cases of specialized training the Company shall provide such training by seniority, subject to Customer funding. The Company will ensure that employees receive training to perform their assigned duties as determined by the U.S. Army, including CDL and media editing software training, if required.

ARTICLE 27. GENERAL PROVISIONS

Section 1. The Company agrees that it will not discriminate against any employee because of his membership in the Union.

Section 2. If approved by the Government, employees may wear approved IAMAW Union logos on their clothes along with Company logos.

Section 3. Supervisors and other Non-Bargaining Unit Company employees shall not perform any Bargaining Unit work except in the case of instruction and emergencies.

Section 4. The Union will be given notice of new or amended rules or policies and given an opportunity to meet and confer concerning said rules or policies.

Section 5. Educational Assistance: The Company promotes and encourages education and training as a means of increasing employee productivity and expanding career potential.

Employees may utilize the Company’s Professional Development Program.

Section 6. Bargaining Unit employees assigned Temporary Duty (TDY) by the Company will be covered under the current Collective Bargaining Agreement as if working at Ft. Irwin.

Employees on TDY assignment will be paid in accordance with the Government Joint or Federal

Travel Regulation (JTR/FTR). Original travel receipts are required to ensure compliance with reimbursement procedures. Reimbursements will be paid on the following pay period after timely submission of properly executed expense reports and receipts.

Section 7. This Agreement shall constitute the complete agreement between the Parties regarding wages and benefits including, but not limited to, wages, premiums, holidays, vacations, paid time off, paid sick time, overtime, health and welfare, 401(k), jury duty, and bereavement. Regarding non-economic provisions, except as set forth in specific language contained in this Agreement, employees shall be subject to the non-economic policies as set forth in the Company’s Employment Policies, as may be amended from time to time by the

Company with prior notice to the Union. The Union will be given notice of new or amended rules or policies and given an opportunity to meet and confer concerning said rules or policies.

Section 8. Application: Upon ratification all non-economic provisions shall become effective immediately. All economic provisions, however, shall not become effective until May 1, 2016 or the date set forth in this Agreement, whichever is later.

Section 9. The parties recognize that the Government may impose, from time-to-time, various obligations upon the Company which, in turn, may require employees to meet certain demands and/or obligations or comply with certain Government rules and regulations. If requested by the Union, the Company agrees to meet and confer with the Union regarding such

Government demands or obligations.

ARTICLE 28. MACHINISTS CUSTOM CHOICE WORKSITE BENEFITS

PROGRAM

Section 1. It is understood and agreed between the Parties that the Machinists Custom

Choice Worksite Benefits Program of supplemental insurance benefits will be offered to employees in the Bargaining Unit through their designated Agent, Employee Benefit Systems, Inc. (EBS). Members of the Bargaining Unit will be given an opportunity to spend up to fifteen

(15) minutes with an EBS Counselor at the worksite during normal working hours, once per year. The Company reserves the right to coordinate the schedule with EBS to prevent conflict with mission requirements.

Section2. The Company will honor payroll deduction requests and remit deductions to the underwriting insurance Company designated by EBS on a schedule, which is mutually agreed to by the Company and EBS. The Union will defend, save, and hold harmless and indemnify the

Company from any and all claims, demands, suits, or any other forms of liability that may arise out of the Company’s compliance with this Article.

Section 3. The Parties agree that the provisions of this Agreement will be effective for the…