Att_14_Schofield Barracks CBA 2022 2025.pdf
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- Attached to
- The Medical Simulation Training Center (MSTC), Instructor, Operator Support Services (MIOSS) acquisition
- Solicitation number
- W900KK-23-R-0016
About this file
This is a solicitation for Medical Instructor Operator Support Services (MIOSS) under contract number W900KK-23-R-0016. The four year and eight month contract requires instructor and operator services to support Medical Simulation Training Centers. Services include supporting standardized medical training components that facilitate immersive tactical combat casualty care training, including a computerized mannequin, partial task trainers, and associated audiovisual and surveillance equipment. Offerors must submit proposals by the solicitation closing date for a firm fixed price contract with cost provisions. The contract is a small business set-aside under NAICS code 541990 with a $16.5 million size standard. The solicitation incorporates FAR clauses including 52.219-14 on subcontracting limitations. The Department of the Army is the contracting agency.
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Text version
Collective Bargaining Agreement
Between
And
International Association of Machinists
& Aerospace Workers, AFL-CIO
Hawaii Federal & Amalgamated Local
Lodge 1998
US Army TRIOSS Training Devices
Medical Simulation Training Center (MSTC) Program
Schofield Barracks, HI (Oahu)
August 29, 2022 – August 28, 2025
TABLE OF CONTENTS
ARTICLE PAGE
AGREEMENT
PREAMBLE
ARTICLE 1 RECOGNITION
ARTICLE 2 NON-DISCRIMINATION
ARTICLE 3 MANAGEMENT RIGHTS
ARTICLE 4 UNION ACCESS TO OPERATIONS
ARTICLE 5 ASSIGNMENT OF SHOP STEWARDS
ARTICLE 6 UNION SECURITY
ARTICLE 7 NO STRIKE/NO LOCKOUT
ARTICLE 8 SENIORITY
ARTICLE 9 DISCIPLINE
ARTICLE 10 GRIEVANCE PROCEDURE
ARTICLE 11 ARBITRATION PROCEDURE
ARTICLE 12 BUSINESS TRAVEL
ARTICLE 13 FILLING OF VACANCIES
ARTICLE 14 HOURS OF WORK
ARTICLE 15 OVERTIME
ARTICLE 16 SPECIFIC PERFORMANCE
ARTICLE 17 MISCELLANEOUS PROVISIONS
ARTICLE 18 SECURITY AND BASE ACCESS
ARTICLE 19 LEAVES OF ABSENCE
ARTICLE 20 SUBSTANCE ABUSE POLICY
ARTICLE 21 WAGES
ARTICLE 22 HOLIDAYS
ARTICLE 23 PERSONAL TIME OFF (PTO)
ARTICLE 24 GROUP BENEFITS & INSURANCE
ARTICLE 25 EDUCATIONAL ASSISTANCE
ARTICLE 26 401K
ARTICLE 27 SUCCESSORS AND ASSIGNS
ARTICLE 28 SEPARABILITY AND SAVINGS CLAUSE
ARTICLE 29 DURATION
AGREEMENT
This Agreement effective August 29, 2022, to August 28, 2025, is made by and between Amentum Services, Inc.
(hereinafter referred to as “Amentum” or “The Company”) and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Hawaii Federal & Amalgamated LOCAL LODGE NO. 1998 (hereinafter referred to as the “Union”).
PREAMBLE
The purpose of this Agreement is to provide, through collective bargaining, for harmonious relationships between Amentum and its employees; to secure an amicable and fair disposition of grievances; and to prevent interruption of work, stoppage of employees' payrolls and permit efficient operation of the Company and the protection of the interests of the taxpayers.
The Union recognizes the ability of the Company to provide wages and working conditions satisfactory to its employees and further recognizes that the Company is, to a large extent, dependent on the cooperation of the employees in maintaining efficient and in so far as possible, stabilized operation of Amentum. In furtherance, therefore, of the above-stated purposes, it is hereby agreed:
ARTICLE 1
RECOGNITION
Section 1. The Company recognizes the Union, its designated agents and representatives, its successors and/or assigns, as the sole and exclusive collective bargaining agent on behalf of all of the employees of the Company within the bargaining unit as hereinafter defined with respect to wages, hours and all other terms or conditions of employment.
Section 2. Definition of Unit: As certified by the National Labor Relations Board in Case Number 20-RC-145601, the bargaining unit is comprised of SCA: Electronic Technician II, Electronic Technician III, Computer Based Training Instructor, and General Clerk III classifications hereinafter reclassified as Simulation Technician II or III, CB Training/Instructor, Medical Simulation Technician/Instructor, Technical Training Specialist/Instructor and Medical Simulation Clerk at Schofield Barracks facilities in support of the U. S. Army TRIOSS Training Devices Program. Excluded are all other employees, professional employees, office clerical employees, guards and supervisors as defined in the Act.
Section 3. The parties agree that the simulators located at the Company’s Schofield Barracks site, as of August 29, 2019, may be transportable. When, or if, those are relocated within the State of Hawaii, the employees work on these simulators will continue to be the jurisdiction of this bargaining unit.
Section 4. If unit members travel outside of the State of Hawaii, the terms and conditions of this Agreement shall remain in full effect.
ARTICLE 2
NON-DISCRIMINATION
The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity, OSHA and nondiscrimination. The Agreement shall be applied fairly and equitably among all bargaining unit employees and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, sexual orientation, age, national origin, veteran or disabled status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both male and female employees.
ARTICLE 3
MANAGEMENT RIGHTS
Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force, to establish, eliminate, change or combine work schedules and work assignments and collateral duties, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate business reasons (i.e. funding delays); to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; to establish the methods, processes and means of providing services; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business. It is understood and agreed that any of the powers and authority, which the Company had prior to the signing of this Agreement, are retained by the Company.
Such rights of management include, but are not limited to: hire, promote, layoff, assign, transfer, suspend, and to discharge, investigate, and discipline employees in accordance with this agreement; to increase or decrease that number; direct and schedule the work force including establishing and changing work days, work hours, and work weeks; establish, increase or decrease the number of work shifts and their starting and ending times; train employees and determine who will be trained; establish, change, combine or abolish job classifications and determine qualifications; determine performance levels and standards of performance of the employees, and provide performance reviews and approvals as needed. The Company will notify the Union of any changes in regards to hours of work, establishing of new shift, and any other change in working conditions in accordance with the National Labor Relations Act.
The Union recognizes that the Company is a contractor to the federal government and that the company is required at all times to fully meet its obligations as a contractor. The Union further recognizes that from time to time the government may impose legal and/or lawful demands or obligations upon the company and that the company and its Employees must meet such demands, obligations or comply with such rules or regulations as may be promulgated or imposed by the government.
It is also understood that the government is fielding more mobile/transportable training devices that move around the country for short periods of time. This may require the assignment and utilization of personnel from various locations on a temporary basis. Personnel brought in from other and overseas locations will be assisted by technicians from the nearest fixed site. CBA employees who are assigned to this temporary duty will continue to be covered under their current CBA rates including overtime if necessary.
When new devices are assigned to the bargaining unit, normally the Company will hire the incumbent employees (if any) to come with the new device(s). In the event the Company cannot hire them, openings will be posted on the bulletin board and the procedures outlined in Article 13 below (Filling Vacancies) will be followed.
ARTICLE 4
UNION ACCESS TO OPERATIONS
Section 1. The Company agrees that the Grand Lodge Representative, Business Representative or acting Business Representative (hereinafter referred to as Union Representative) will be allowed to visit employees while they are on the job in the Company’s operations for the sole purpose of investigating specific grievances or complaints related to the provisions of this Agreement or ensuring the terms and conditions of the Agreement are being complied with.
Prior approval must be obtained from the Site Manager, or their designee and such visits shall not interfere with production of work being performed. Such approval shall not be unreasonably withheld. The Union Representative shall notify the Site Manager or their designee when they leave the Company’s operations.
Section 2. The Company, if it desires, may have a Company representative accompany the Business Representative while they are visiting its operations, recognizing that the Union Representative is entitled to private conferences with any represented employee.
ARTICLE 5
ASSIGNMENT OF SHOP STEWARDS
Section 1. It is hereby understood and agreed that the Union may assign one (1) Chief Shop Steward to represent Bargaining Unit employees and one (1) alternate Shop Steward. The alternate Shop Steward shall only act in the absence of the Chief Shop Steward. The Union shall notify the Company, in writing, on Union letterhead of the individuals so selected in this capacity.
Section 2. It is understood that Stewards have fulltime job duties to perform as employees and that they shall keep time spent in handling grievances to a minimum.
Section 3. Should a Steward be required to leave the job to handle a grievance, defined as: investigating, meeting with the grievant, or an on-site meeting with the Union Representative they shall first request the permission of their Supervisor, and shall report to their Supervisor upon returning to work. This time shall be considered "time worked" when every attempt is made to keep the time spent to a minimum. When a Steward makes the effort to comply herein, permission to leave the job to handle a grievance shall not be unreasonably withheld.
ARTICLE 6
UNION SECURITY
Section 1. Agency Shop: As a condition of employment, all present bargaining unit employees shall become members of the Union or pay an agency fee to the Union equal to the amount of monthly dues (but not both) within thirty (30) days of execution of this Agreement, and all new employees shall become and remain members of the Union or pay an agency fee not later than thirty (30) calendar days of their date of hire or transfer.
Section 2. Upon written notice from the Union of failure on the part of any individual to complete application in the Union as above required, or failure to continue payment of dues to the Union, the Company shall, within three (3) workdays of such notice, discharge said employee.
Section 3. Check-off: Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's pay, the initiation fee, if any, and dues payable by him to the Union during the period provided for in said authorization, Deductions shall be made on account of dues and/or initiation fees, if appropriate, from the first payroll of each month.
The parties agree that check-off authorizations shall be on a form as approved by the Union.
Section 4. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the fifteenth (15th) day of the month following the month in which deductions are made. The Company shall submit a remittance containing employees name in alphabetical order and amount of deduction, along with a check for the total amount being deducted. In the event of unforeseen circumstances, the Company may be granted an extension upon request being submitted.
Section 5. 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 an action taken by the Company in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.
ARTICLE 7
NO STRIKE/NO LOCKOUT
Section 1. The Union agrees that neither it nor any of the employees in the bargaining unit covered by this Agreement will collectively or individually engage in or participate in any strike, slowdown or stoppage of work during the term of the Agreement, and the Company agrees that during the term of this Agreement it will not lock out or deny work for any of the employees covered by the Agreement.
Section 2. In the event of any violation of Section 1 of this Article, it shall be the duty and obligation of the Union, its officers, agents or representatives (employee or nonemployee) to immediately take all reasonable steps required to bring an end to such misconduct. In taking such steps, the Union will not be liable to the Company during the term of the Agreement or thereafter for any damages suffered by the Company arising from or out of any such stoppage or strike.
Section 3. If the reasonable steps attempted in Section 2 do not return the striking employee(s) to work, then the employee(s) may be subject to immediate discharge by the Company. Such discipline shall not be subject to the Grievance procedure except to challenge as to whether the employee actually engaged in such actions.
ARTICLE 8
SENIORITY
Section 1. Probationary Period: Any employee who has been employed by the Company for ninety (90) consecutive calendar days shall be considered a seniority employee. During the probationary period the employee shall be subject to layoff, discipline, or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure. Except as specifically mentioned in this Section, the Company is required to maintain all provisions of this Agreement for probationary employees.
Section 2. Definition: Seniority is defined as the whole span of continuous service with the present contractor or with predecessor contractors in the performance of the U.S. Army TRIOSS Training Devices Program at Schofield Barracks. Employees hired on or after the date of contract ratification will establish their seniority from the date hired into the bargaining unit.
Section 3. When two or more employees are hired on the same day, the last four digits of their Social Security number shall then be used for purposes of layoff, recall and promotion (i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on the same day).
Section 4. Loss of Seniority: An employee covered by this Agreement shall lose their seniority status and their name shall be removed from the seniority list under any of the following conditions:
a. Employee quits or resigns.
b. Employee is discharged for just cause.
c. Layoff in excess of eighteen (18) months
d. Leave of absence, layoff or absence due to illness or injury in excess of twelve (12) months (this may be extended if an employee’s return is reasonably foreseeable).
e. Employee is barred by the customer's written order and not reinstated within eighteen (18) months
f. Employee security clearance has been revoked and is not reinstated with eighteen (18) months.
Employee refuses recall.
g. Employee is absent from work for three (3) consecutive scheduled days without notification to the Company except in cases where the employee is physically unable to give such notice.
Section 5. Seniority List: A seniority list by work site will be maintained by the Company and will be made available to the Union semiannually, or upon request. The Company will also furnish a list to the Union reflecting new hires or rehires/recalls, their classification, their date of hire, and termination or layoff dates or other dates of leaving the bargaining unit when providing the seniority list.
Section 6. Layoff: When it becomes necessary to reduce the number of employees the Company shall lay off employees in accordance with their work group, classifications within the impacted training platform, ability to perform remaining work, and then seniority. The Company shall notify the Union and affected employee/s as soon as the facts are known to the Company of the upcoming layoffs, but not less than two (2) weeks' notice or pay in lieu thereof.
a. Bumping Rights, Employees in a higher classification who receives a layoff notice that has seniority over employees in a lower classification within their work group may choose to displace the least senior employee within that classification family provided that they have the required qualifications and ability to perform the work. Bumping Rights may only be used within the same training platform and must be exercised within five (5) workdays from receipt of written notification of layoff. (The intent is that workers from one group cannot bump or displace a least senior employee from another group or site.)
Section 7. Recall: Employees shall be recalled in reverse order of layoff. The Company shall send recall notices by certified mail to the employee’s last known official address. The notice will instruct laid off employees when to report to work. Employees shall report to work within ten (10) working days after receipt of notice to report to work or on the specified day, whichever is greater in time. If the employee does not report to work within ten (10) working days or the specified date, the employee will be deemed to have abandoned their job and will be removed from the seniority List. The Company agrees that an employee may request a later return to work date for extenuating circumstances acceptable to the Company.
Section 8. An employee who has established seniority rights within the bargaining unit and who is transferred to a non-bargaining unit position shall retain seniority rights for a period of ninety (90) days.
Section 9. An employee who is transferred into the bargaining unit from another Program or Company site shall establish a new seniority date, which is the date the transfer is effective. Employees transferring in from another Company site shall retain their original benefit date.
ARTICLE 9
DISCIPLINE
Section 1. Disciplinary action shall only be initiated by the Company for just and sufficient cause, and any penalty imposed will be consistent with proven offenses, and the principle of progressive discipline, as set forth below, shall be adhered to.
Section 2. There shall be a twelve (12) month reckoning period for oral or written discipline after which the offense will not be used to progress to the next step of discipline in the event of similar or future offense. There shall be a twenty-four (24) month reckoning period for suspensions.
Section 3. For minor infractions of Company rules such as, but not limited to, absenteeism, tardiness and poor work performance, a four-step procedure will be followed of oral reprimand, written reprimand, suspension and finally discharge. However, at the final step of the procedure the Company may elect to enforce another suspension rather than discharge, without prejudice to any other incident. For other infractions, the Company at all times retains the right to apply appropriate discipline commensurate with the offense.
Section 4. Employee(s) shall have the right to Union representation during any interview that may be disciplinary in nature or lead to any discipline. The Steward shall be notified, and the Union shall be given the opportunity to attend such interviews if requested by the employee.
ARTICLE 10
GRIEVANCE PROCEDURE
Section 1. "Grievances" shall mean, and be limited to, disputes of differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving management, supervision, the Shop Steward, and the grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:
Step 1: The employee(s), with or without their Shop Steward, shall promptly bring a grievance to their supervisor within five (5) working days following the event or discovery of the event giving rise to the grievance. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's shop steward may bring the grievance to the supervisor. The supervisor shall have five (5) working days from the grievance meeting to give an oral reply. If the grievance is not satisfactorily settled after the Step 1 reply, then:
Step 2: Within ten (10) working days following the reply to Step 1, a written grievance containing the Article or Section which is claimed to be violated and the remedy requested must be signed by the employee and submitted by the Shop Steward and taken up with the Program Manager, or their designee. A formal grievance meeting shall be scheduled within five (5) subsequent working days (This may take place remotely). The Company shall give its written reply within ten (10) working days of this meeting. If the grievance is not satisfactory settled after the Step 2 reply, then:
Step 3: Within fifteen (15) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the Company’s Program Manager or designee. The Company’s Program Manager, or designee, and the Business Representative of the Union shall meet, either in person or via electronic means, within ten (10) working days after receipt of the grievance. A written reply from the Company’s Program Manager will be given to the Union within ten (10) working days after the meeting. If the grievance is not satisfactorily settled within ten (10) working days from the Step 3 reply, either party may submit the grievance or dispute to arbitration as provided in Article 11, Arbitration Procedure.
Section 2. A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances nor a precedent which shall bind the parties as an interpretation of the Agreement. All settlements must be in writing and consistent with the terms and conditions of the Agreement.
Section 3. The aggrieved employee and Union Business Representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up or handle a complaint or grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not adversely interfere with business operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions outlined above.
Section 4. The Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance.
Section 5. It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto.
Section 6. Nothing in this Article precludes the Union from filing a general grievance on behalf of an employee or employees in the event of unusual or unforeseen circumstances.
ARTICLE 11
ARBITRATION PROCEDURE
Section 1. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within a thirty (30) working day period following the Step 3 decision of Article 10, Grievance Procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.
Section 2. In the event the Union or the Company submits a grievance to arbitration, a panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation Service. The right to first strike a name will be determined by lot; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains.
Section 3. The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this Agreement.
The expense and fees of the arbitrator will be borne equally by both parties.
Section 4. The cost and expenses of the arbitrator shall be born equally by the parties. Both the Company and the Union, independently, will be responsible for any additional costs, such as wages or travel costs, of their respective witnesses.
ARTICLE 12
BUSINESS TRAVEL
Section 1. Employees will be paid in accordance with (a) and (b) below when they are required to travel more than five (5) miles from the normal workplace to perform duties for the Company.
a. An employee, while on travel status, will be paid for:
1. All actual work time when such work has been assigned and approved in advance.
2. Actual normal travel time by any conveyance from the normal reporting location to the newly assigned work location without approved deviation; however, should the employee request to use POV travel in lieu of commercial airline as provided by the Company, travel time shall be limited to the duration shown on the airline schedule. POV travel is discouraged and needs written approval from the PMO office before it can be used.
b. On the initial and final days of travel to and from a temporary worksite the travel time shall commence when the employee departs home/hotel and cease when the employee reaches hotel/home. Should travel be necessary outside an employee's normal daily work shift, the employee shall be paid in accordance with overtime rules as though they were at their normal duty location.
c. The use of a contract/program vehicle will be utilized to the fullest extent possible as a measure to offset costs to both the Employees and the Company.
Section 2. Employees who may be required to travel on official Company business will obtain and maintain a Company travel card, in compliance with Company policy governing travel or credit cards.
The Company will reimburse the employee for transportation or mileage, lodging and provide per diem as specified in the government Joint Travel Regulations.
ARTICLE 13
FILLING OF VACANCIES
Section 1. When new jobs are required that cannot be properly encompassed within an existing job classification, the Company shall notify the Union, in writing, of the requirements. The Union shall have thirty (30) days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay. If necessary, this matter is subject to the grievance procedure up to and including arbitration. Group Benefits for new jobs will be as described in Article 24.
Section 2. The Company has the right to determine the new job qualifications. Copies of job descriptions and required qualifications shall be retained by the Site Manager and shall be made available to employees and the Union upon request. The Union shall be notified, in writing, of any needed revisions or modifications of job descriptions or qualifications.
Section 3. The Company shall transfer employees to any open position(s) from within the bargaining unit if employees have the skill and ability necessary to do the work. If two (2) or more employees are eligible and express an interest, selection will be made on the basis of qualifications and seniority. If no employee within the bargaining unit possesses the skills and abilities to fulfill the open position, the Company may use other means of filling such vacancies and shall notify the Union of such intent.
The Company will notify bargaining unit employees, and the Steward, of any openings to be filled by posting such openings on Company bulletin boards at least ten (10) calendar days prior to hiring such vacancies outside the unit.
The postings shall contain the position(s) open and the method that employees may apply for such openings.
Section 4. Upgraded employees will be considered on review in the new position for ninety (90) days after upgrading. During this period, the Company may, at its discretion, reclassify the employees to their former occupations if it is determined by the Site Manager, or his designee, that the employee is not meeting the qualifications for that job classification.
Section 5. The Company may temporarily upgrade an employee to a higher paid classification. An employee who is temporarily upgraded to a higher paid classification for an entire shift shall receive the pay rate for the classification of work that they are performing for all hours worked, provided that it is a full shift and the employee has been approved to do so by the Company. Promotion and seniority rules apply to all promotions to a higher paid classification. Temporary upgrades shall not be used to circumvent promotion to any regularly permanent position and shall not be used in excess of thirty (30) days. The time limits herein prescribed may be extended by the parties if the upgrade is due to another employee's extended absence.
ARTICLE 14
HOURS OF WORK
Section 1. An employee's regular assigned workweek shall consist of:
a. Forty (40) hours consisting of five (5) consecutive nine (9) hour days, which includes a one (1) hour unpaid meal period, Saturday to Friday with a normal work week being Monday through Friday. The unpaid meal period will be taken as work permits. If the meal period is interrupted by maintenance requirements, employees shall receive pay for work performed.
b. Other schedules as agreed to by both parties.
c. Other schedules as dictated by customer requirements. In the event of customer requirements, the Company shall notify the Union as soon as the facts of such need are known.
d. Nothing in this Section shall be construed as a guarantee of hours.
Section 2. If no regular work is available, the Company will give the employees the option to do any available work for which they are qualified or take time off. The employees affected shall have the option to perform the available work, use vacation or take time off without pay.
Section 3. An employee who is scheduled and reports for work at the scheduled time without having been notified not to so report shall be given four (4) hours' work of any type which is available; if no such work is available, he shall be given four (4) hours' pay at the applicable rate.
Section 4. An employee who is called and reports back for work after he has completed his regularly assigned shift and departed from the premises shall receive a minimum of four (4) hours' pay at the applicable rate.
Section 5. When an employee is not scheduled and is called and reports for work outside their scheduled workweek, they shall receive a minimum of four (4) hours' pay at the applicable rate.
Section 6. If access to the work site is restricted to "essential personnel" due to severe weather, natural disaster or base closure for any reason, employees will be compensated for their regular scheduled work time when approved by the customer. If not approved, employees may take Vacation or authorized LWOP.
ARTICLE 15
OVERTIME
Section 1. Overtime will be paid at the rate of one and one-half times the regular rate of pay for all authorized hours worked in excess of forty (40) hours per week. Hours worked shall include hours paid for but not worked, to include paid holidays, vacation, and verification of medical condition/certification.
Section 2. All overtime hours will be approved in advance.
Section 3. There shall be no duplication or pyramiding of overtime pay.
Section 4. Available overtime shall be rotated and equalized among qualified volunteers in order of their seniority. If no volunteers are available to work the necessary overtime, assignment shall be made by reverse seniority order.
Section 5. Except in extenuating circumstances, overtime requirements shall normally be posted not less than forty-eight (48) hours prior to an overtime requirement or as the Company is made aware of the requirement.
ARTICLE 16
SPECIFIC PERFORMANCE
Section 1. Either party hereto shall be entitled to require specific performance of the provisions of this Agreement.
Section 2. There shall be no individual arrangements or agreement made covering any part or all of this Agreement contrary to the terms herein provided, and it is distinctly understood and agreed that all previous agreements, whether oral or written, by and between the Company and the Union are superseded by this Agreement, and subject to any amendment that is agreed upon by both parties.
ARTICLE 17
MISCELLANEOUS PROVISIONS
Section 1. Safety: Effective immediately, the Company and the Union recognize the importance of safety in the workplace. The Company will provide expendable personal protective equipment, as defined by OSHA, as required.
The Company will reimburse the Employee up to twenty-five ($125) dollars for the purchase of safety shoes or boots, provided that they meet the safety requirements as outlined by Company, each calendar year if they are worn to the extent that they need replaced. Effective September 1, 2022, this will be increased to one hundred sixty-five ($165.00) dollars. Safety shoes or boots may be replaced once during the year if they show excessive wear or are unsafe.
The Company and employees will be required to comply with all safety rules and regulations that govern the worksite. The Company agrees to request from the customer any repairs or changes to the workplace if they are not in compliance with applicable safety standards. The Union shall have the right to meet and confer with the Company regarding these matters.
Section 2. Change of Address: Employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are responsible for notifying the Company of their proper mailing address and current telephone number to maintain recall rights. The Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.
Section 3. Bulletin Board: The Company agrees to provide one (1) bulletin board for the posting of legitimate Union notices pertinent to the Union at the facility. Only notices concerning Union meetings, Union elections, results of Union elections, etc., which a representative of the Union has authorized will be posted. Notices will be submitted to the Site Manager, or their designee, for review and approval prior to their posting. Such approval shall not be unreasonably withheld.
Section 4. Bargaining Unit Work: Non-bargaining unit employees in job classifications not covered by this Agreement shall not normally perform work typically performed by employees in the bargaining unit, except in cases of emergency, research work, audit, experimental or work of a special mechanical nature (e.g., installation of modifications, when necessary), training of Amentum employees from other locations, to instruct employees properly or to maintain proficiency. If bargaining unit employees are qualified to perform the above stated tasks, then bargaining unit employees shall be used to the greatest extent possible. The term "emergency" is defined to mean an unforeseen combination of circumstances. This Article shall not be construed to prevent employee positions outside the bargaining unit from performing work normally accomplished within those regular duties as historically performed. The Company agrees that none of the above circumstances as listed will cause a bargaining unit employee to be laid off, displaced or excluded from overtime if they are willing to work.
Section 5. Rest Periods: Employees shall be allowed reasonable rest periods as workloads permit and in accordance with current practice.
Section 6. The Employees will comply with the Company's training and certification program, but the Company will confer with the Union prior to implementation of any new requirements, this excludes standard annual training classes such as Sexual Harassment, Business Code of Conduct, Safety, and Security courses, etc.
Section 7. When feasible, and does not conflict with mission support, employees shall have reasonable commuting time to utilize full facility restrooms and not be limited to the use of portable restrooms. The mileage traveled for this restroom utilization will not be reimbursed by the Company.
ARTICLE 18
SECURITY AND BASE ACCESS
Section 1. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.
Section 2. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.
Section 3. It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense or other agencies of the United States Government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency may be cause for release from the Company, at the Company’s discretion, due to inability to meet job requirements. However, the Company will give consideration to assigning an employee to an area for which he is qualified, and a security clearance is not required.
Section 4. It is understood that there shall be no liability on the part of the Company for any release arising from the denial of clearance and/or unescorted entry authorization by the United States Government.
Section 5. The Company shall reinstate the seniority of an employee who was denied security clearance if reinstated by the Federal Government. An employee not on initial probation who loses their security clearance onsite access for any reason will not lose his seniority until final adjudication of his appeal or eighteen (18) months, whichever comes first. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.
Section 6. It is the Company’s intent to acquire CAC cards however, the Company maintains the right to modify employee requirements based on contractual obligations, or those obligations legally assigned to the Company.
ARTICLE 19
LEAVES OF ABSENCE
Section 1. Leave of Absence
Time off, without pay will be provided for documented sickness or injury to the employee or family member which renders an employee unable to perform work. Said period shall not exceed one (1) year, but may be extended month by month, subject to the requirements of the TRIOSS contract, provided the employee’s unrestricted return to duty is reasonably foreseeable within the period of extension. During Family Medical Leave, personal leave and/or sick leave may be used at the employee’s discretion.
Section 2. Military Leave of Absence
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 ten (10) 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 placed on a military leave of absence (Mil-LOA) for up to one (1) year.
Employees on Mil-LOA exceeding one year shall be administratively terminated and 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 3. Bereavement Leave
Employees shall receive three (3) paid days of bereavement leave when a death occurs in their immediate family. Bereavement leave shall be paid at the employee's straight time hourly working rate plus any shift differentials, when a death occurs in their immediate family. Bereavement leave pay shall not be considered as time worked for the purpose of computing overtime. Immediate family is defined as parent, grandparent, spouse, child, brother, sister, mother-in-law, father-in-law, step-parent, step-child, step-brother, step-sister, brother-in-law, sister-in-law, domestic partner and any family member under your care living in your household. In addition, an employee will be granted bereavement leave for a stillborn child if the employee provides appropriate documentation.
The Company may require reasonable proof of death under this Article. If the funeral is out of state, the employee shall be granted two (2) additional days off with pay to attend the funeral.
Section 4. Jury Duty
An employee required to be absent from their employment to serve on a jury shall be paid their working rate for each day of jury service. Jury pay shall not be considered as time worked for the purpose of computing overtime. Such absences shall be supported by 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 all benefits and pay and operate under the same conditions as outlined in this Article. the employee must provide the Company with a copy of the subpoena.
Section 5. Limited unpaid personal leaves of absence may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be not more than thirty (30) calendar days. Requests for unpaid personal leave of absence must be made in writing and must receive approval by the Company. Accrued vacation or sick leave must be used before any leave will be approved. A maximum of two (2) extensions may be approved by the Company.
Section 6. Seniority shall continue to accumulate during the approved leave 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 of such leave prior to expiration if additional time is required. All such extensions must have prior Company approval.
Section 7. Leave of absence for legitimate personal health reasons supported by sufficient medical verification will 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. Leaves of absence for personal health reasons will not exceed twelve (12) months, unless the employee can provide proof of an expected return within a reasonable time after the 12 months has expired. Barring an extension an employee will be administratively terminated after twelve (12) months MLOA.
Section 8. 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 provided the employee is able to perform his/her assigned duties safely. Should the Company question the employee's capability to perform the assigned duties safely, the Company may have the employee examined by another physician (third party), prior to returning the employee to work. Any costs incurred by this examination will paid by the Company or be reimbursed to the employee by the Company.
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 restricted duty provided the Company is able to accommodate said restrictions.
Insurance coverages will continue in accordance with the applicable summary plan descriptions while an employee is on an approved Leave of Absence (health and personal) provided the employee pays the required premium amounts.
ARTICLE 20
SUBSTANCE ABUSE POLICY
Section 1. The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and protect the reputation of the Company, Union and employees.
Section 2. The Company and Union are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and to protect the reputation of the Company, Union and employees. The Parties agree to the application of the Company’s Drug Free Workplace policy, attached herein and which shall remain unchanged for the duration of this agreement.
Section 3. Amentum shall provide support to employees who voluntarily seek help for such problems before employees become engaged in the disciplinary and/or termination process. Such employees will be allowed to use accrued vacation or sick time, placed on leaves of absence, referred to treatment providers and otherwise accommodated as required by law. Employees may be required to document they are successfully following prescribed treatment and may be required to take and pass follow-up screening tests. Once a drug test is scheduled, the employee forfeits their right to be granted a leave of absence for treatment and may be subject to discipline, up to and including dismissal, if they refuse to test or test positive.
ARTICLE 21
WAGES
Section 1. The wage rates listed below will be effective for the term of this Agreement and apply to all bargaining unit employees at the Company’s Schofield Barracks, HI facility. An employee's regular rate of pay shall be defined as his straight-time hourly rate. This straight-time hourly rate will be increased annually as designated below. These and all other economic increases will be effective with the first full payroll period on or after the dates indicated in this Agreement.
Job Classification 7/30/2022 8/1/2023 8/1/2024 8/1/2025
Technical Instructor / Operator $36.13 $39.57 $41.15 $42.39 Technical Instructor / Operator, Paramedic $36.66 $40.14 $41.74 $42.99 Technical Instructor / Operator, Lead $37.51 $41.05 $42.69 $43.97
Section 2. A lead is defined as an employee who is required to assist the Site Manager in scheduling work, responsible for instructing and aiding a group of employees. Assists Site Manager in maintaining a smooth flow of work and maintains maintenance records. Reports to Site Manager the reason for failure to maintain flow of work.
May be called on to replace Site Manager temporarily in case of absence. Management shall determine the lead or leads, and the designation of lead status or the removal of such is at its discretion. Effective the first full pay period of August 2023, if the lead is also the Paramedic, they will receive one dollar ($1.00) per hour in addition to their lead pay.
Section 3. Employees who perform weekend work between 12:00 AM Saturday thru 11:59 PM Sunday shall receive an additional premium pay of one dollar ($1.00) for all hours worked during the period. This premium will not be in addition to an overtime premium, if overtime is applicable.
Section 4. The Company agrees that a seventy-fifty cents ($0.75) shift differential shall be paid for all hours worked during their second shift between the hours of 1400 and 0500 local time at the applicable rate.
Section 5. When new or none populated bargaining unit jobs are required that cannot be properly encompassed within an existing job classification or level within a classification, the Company will meet with the Union to bargain over the appropriate wage for the classification.
ARTICLE 22
HOLIDAYS
Section 1. Each year, the following are to be paid holidays:
New Year's Day Labor Day Martin Luther King, Jr.'s Birthday Columbus Day Presidents' Day Veteran's Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day
Section 2. Any holiday falling on a Saturday or Sunday will be celebrated on the day set by the Federal Government.
Section 3. If an employee is on an approved vacation in a week in which a holiday falls, time will be charged to holiday rather than vacation.
Section 4. Based on Government training requirements, holidays may be otherwise arranged by mutual agreement.
Section 5. In addition to the holidays listed above, the Company will observe any holidays declared as a legal federal holiday by Congress or the President, when approved by the customer.
Section 6. Employees' will continue to have the ability to "float" the Columbus Day and Veteran Day holidays. The rescheduling of these holidays, if applicable, will be in accordance with Article 14 Section 1 b).
ARTICLE 23
PERSONAL TIME OFF (PTO)
Section 1.
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