Att_16_Camp Ripley CBA-2020-2023.pdf

COLLECTIVE BARGAINING AGREEMENT

By and Between

PHOENIX LOGISTICS, INC.

and

INTERNATIONAL ASSOCIATION

of

MACHINISTS and AEROSPACE WOKERS, AFL-CIO

LOCAL LODGE 623

CAMP RIPLEY, MN

Collective Bargaining Agreement Effective May 24, 2020 - May 23, 2023

Table of Contents

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2- NON-DISCRIMINATION

ARTICLE 3 - MANAGEMENT RIGHTS

ARTICLE 4 - SUBSTANCE ABUSE POLICY

ARTICLE 5 - ASSIGNMENT OF SHOP STEWARDS

ARTICLE 6 - NO STRIKE/NO LOCKOUT CLAUSE

ARTICLE 7 - SECURITY

ARTICLE 8 - SPECIFIC PERFORMANCE

ARTICLE 9 - MISCELLANEOUSPROVISIONS

ARTICLE 10 - FILLING OF VACANCIES

ARTICLE 11 - UNION ACCESS TO OPERATIONS

ARTICLE 12- SENIORITY

ARTICLE 13- DISCIPLINE

ARTICLE 14 - UNION MEMBERSHIP

ARTICLE 15 - GRIEVANCE & ARBITRATION PROCEDURE

ARTICLE 16 - HOURS OF WORK

ARTICLE 17 - OVERTIME

ARTICLE 18 - UNPAID LEAVES OF ABSENCE 14

ARTICLE 19- HOLIDAYS 15

ARTICLE 20 - VACATION 16

ARTICLE 21 WAGE RATE SCHEDULE 17

ARTICLE 22 - EMPLOYEE INSURANCE & BENEFITS 18

ARTICLE 23 - TRAVEL 20

ARTICLE 24 - SEPARATBILITY AND SAVINGS CLAUSE 20

ARTICLE 25 - SUCCESSORS AND ASSIGNS 21

ARTICLE 26 - TERM AND NOTICE OF CHANGE OR TERMINATION 21

PREAMBLE

This agreement is to set forth, through collective bargaining, herein the entire Agreement of the parties with respect to wages, hours, and working conditions as relates to the government contract and to provide for an amicable and fair disposition of grievances to maintain harmonious relationships between Phoenix Logistics, INC. and its employees. It is recognized by the Agreement to be the duty of the Company, the Union and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a grievance procedure for the settlement of the employee's grievances; and to provide that there shall be no interruptions and/or impeding of operations during the term of this Agreement.

This Agreement is made and entered into on May 24, 2020 by and between Phoenix Logistics, INC. (herein referred to the "Company") and the International Association of Machinists and Aerospace Workers, Local Lodge 623, AFL-CIO (herein referred to as the "Union").

ARTICLE 1 RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined: employees of Phoenix Logistics, performing work under contract work number W900KK18-0029 at Camp Ripley, Minnesota as full-time or regular part-time Instructor/Operators but excluding all office clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act.

Section 2. The specific terms of this contract shall be the sole source of any rights that may be asserted by the Union against the Company.

ARTICLE 2 - NON-DISCRIMINATION

Section 1. 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, union membership or lack thereof, age, national origin, veteran or disability 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.

It is agreed that such laws shall be asserted as a basis for the exercise of rights or the conferral of benefits under this Agreement, and it is further agreed that claims of violation of such laws shall be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 3 - MANAGEMENT RIGHTS

Section 1. 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 business; to select and direct the working force, to determine staffing levels, to establish, eliminate, change, or combine work schedules and work assignments; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to subcontract work which is not intended to result in the permanent displacement of current bargaining unit employees; to make and enforce 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 necessa1Y 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 except those specifically modified, delegated or granted by this Agreement.

Section 2. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 3. It is also understood that the government is fielding more mobile/transportable training devices that move around the country for periods of time. This may require the assignment and utilization of personnel from various locations on a temporary basis. CBA employees who are assigned to this temporary duty will continue to be covered under their current CBA rates, including overtime if applicable.

ARTICLE 4 - SUBSTANCE ABUSE POLICY

Section 1. The Company and the Union are committed to providing employees with a drugfree and alcohol-free workplace. It is the goal of both parties to protect the health and safety of employees, and to promote a productive workplace, as well as to protect the reputation of the Company, the Union, and the employees. Consistent with these goals, the Company prohibits the use, possession, distribution, or sale of drugs, drug paraphernalia, or alcohol on Company premises. The Company also prohibits an employee from being under the influence of illegal or impairing drugs or alcohol while at work. Bargaining unit employees will continue to be subject to drug and alcohol testing under the Company's substance abuse policy. The Company agrees that any such testing will be conducted in compliance with applicable federal or state regulations. Pre-employment drug testing is a condition of employment. All drug and alcohol testing will be at the expense of the Company.

ARTICLE 5 - ASSIGNMENT OF SHOP STEWARD

Section 1. It is hereby understood and agreed that the Union may assign one (1) Shop Steward, and one (1) alternate Shop Steward to represent bargaining unit employees. The Union shall notify the Company in writing on Union letterhead of the individuals so selected in this capacity.

Section 2. It is agreed that Shop Stewards have full-time job duties to perform as employees and that they shall keep time spent in handling grievances to a minimum.

Section 3. A Shop Steward shall not leave the job to handle a grievance unless he has received permission from his supervisor. When the Steward makes the effort to comply herein, permission to leave the job to handle such grievance shall not be unreasonably withheld.

ARTICLE 6 - NO STRIKE/NO LOCKOUT CLAUSE

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 (including sympathy or seconda1Y strikes), slowdown, stoppage of work or picketing during the term of this Agreement, and the Company agrees that during the term of this Agreement it will not lock 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 non-employee) 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 reasonable steps attempted in Section 2 do not return the striking employee(s) to work, then the employee(s) will be subject to disciplinary actions, up to and including termination. Disciplinary actions toward employees due to strike participation shall not be subject to the grievance process.

ARTICLE 7 - SECURITY

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 and must meet eligibility requirements 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 governmental work. Denial or withdrawal of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements. All security clearance and background checks will be at the expense of the Company. Security Clearances will not be required for a workgroup that has no contractual obligation to obtain them.

Section 4. It is understood that there shall be no liability on the part of the Company for any release growing out of the denial or withdrawal of clearance and/or unescorted entry authorization by the United States Government and such release is not subject to the grievance and arbitration process.

ARTICLE 8 - SPECIFIC PERFORMANCE

Section 1. This Agreement expresses the complete understanding of the parties on the subject of wages, hours of labor, and conditions of employment. The Union and the Company, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, agreed to by both parties, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiate or sign this Agreement.

Section 2. Specific Performance. Either party hereto shall be entitled to specific performance of the provisions of this Agreement.

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 9 - MISCELLANEOUS PROVISIONS

Section 1. Safety. The Company and the Union recognize the importance of safety in the workplace. Employees will be required to comply with all safety rules, and failure to do so will result in discipline up to and including discharge.

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 also 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. Subject to approval of the Customer the Company will provide bulletin board space on a standard bulletin board, located in the Company's facility. The bulletin board space may be used by the Union solely for the purpose of conveying official information from the Union to bargaining unit employees. All information to be posted is subject to advance approval by the Program Manager or his designee for compliance with the standards set forth in this Article. Such approval shall be granted or denied within two

(2) business days which, for the purposes of this Article, will exclude weekends and holidays and shall be confirmed by written initials of the Program Manager or his designee on the face of the document posted.

Section 4. Safety Equipment. The Company will provide to the bargaining unit employees such personal protection equipment that the Company requires to be worn. The Company will reimburse the Employee up to two hundred ($200.00) dollars for the purchase of safety shoes or boots, provided that they meet the safety requirements as outlined by Company, each calendar year. The aforementioned reimbursement payment will normally be made to the purchasing employee within Sixty (60) calendar days from receipt of a completed reimbursement form with accompanying receipt.

Section 5. Training. Employees will comply with Company required training and Customer/Government certifications.

Section 6. 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 Phoenix Logistics 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.

Section 7. The Company will ensure that employees have safe or potable drinking water located at or near their respective simulation devices.

ARTICLE 10 - FILLING OF VACANCIES

Section 1. The Company will notify the bargaining unit employees of any openings to be filled by posting such openings on Union bulletin boards at least ten (10) calendar days prior to filling such vacancies. The posting shall contain the position(s) open and the method the employees may use to apply for such openings.

Section 2. The Company shall transfer employees to any open position(s) from within the bargaining unit if, in the sole discretion of the Company, the employees have the skill and ability necessary to do the work. If two (2) or more employees are eligible, and express an interest, seniority will only be considered if qualifications and performance are equal. If the senior applicant is not selected, and upon their request, the Company will provide written justification of their decision regarding the non-selected applicant with five (5) working days. The non- selected employee will then have five (5) working days upon the receipt of the justification statement to submit a rebuttal. Disciplinary actions will be considered in the promotion process of any employee. Employees are entitled to review any of their own information used in this decision-making process.

Section 3. When new bargaining unit jobs are required that cannot be properly encompassed with an existing job specialty, the Company will notify the Union of the requirements and the proposed rate of pay. The Union shall have fifteen (15) business days, from the date of notice by the Company, in which to negotiate a rate of pay. If necessary, this matter is subject to the grievance procedure up to and including arbitration.

Section 4. The Company has the right to determine new job classifications. Copies of new or revised job descriptions and required certifications shall be made available to the employees upon request. The Union shall be advised, in writing, of any revisions or modifications of job descriptions or qualifications.

Section 5. The Company may temporarily upgrade an employee to a higher paid classification. If the employee is assigned and works in a higher paid position the employee shall receive the rate authorized for the classification of work that he is performing for the period in which he/she performs it.

Section 6. Upgraded employees will be considered on probation in the new position for ninety (90) calendar days after the upgrading. During this period, the Company may, at its discretion, reclassify the employees to their former occupation if it is determined by the Program Manager, or his designee, that the employee is not meeting the qualifications for that j 0b classification.

Section 7. If a new device is assigned to the bargaining unit, normally the Company will hire the incumbent employee (if any) to move with the device. In the event that an incumbent employee is not available then the positions will be filled as outlined in the aforementioned article.

ARTICLE 11 - UNION ACCESS TO OPERATIONS

Section 1. The Company agrees that the Grand Lodge Representative, Business Representative, or acting Business Representative (hereinafter referred to as the 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 insuring the terms and conditions of the Agreement are being complied with. Prior approval must be obtained from the Program Manager, or his 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 Program Manager, or his designee, when he is leaving the Company's operations.

Section 2. The Company, if it desires, may have a Company representative accompany the Business Representative while he is visiting its operations recognizing that the Union Representative is entitled to private conferences with any represented employee.

ARTICLE 12 - SENIORITY

Section 1. Probationary Period. New employees shall be on probation for ninety (90) calendar days from the initial hire date during which time they may be discharged at the sole discretion of the Company. If retained after the probationary period, their names shall be placed on the Seniority List as of their date of hire.

When two (2) or more employees are hired on the same day, the last four digits of their Social Security number shall be used for purposes of lay-off, 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 that same day).

Section 2. Definitions. Seniority is defined as including the continuous service with the Company, and with predecessor contractors, in the performance of similar work at the same federal facility. Employees hired on or after the date of contract ratification will establish their seniority from date of hire at the facility. Seniority will not be broken for:

a) Periods of approved absence with leave;

b) Periods of layoff due to lack of work less than twelve (12) consecutive months;

c) Periods of absence due to workers compensation injury or illness less than six (6) consecutive months.

Section 3. Loss of Seniority. An employee covered by this Agreement shall lose his/her seniority status and his/her name shall be removed from the seniority list under any of the following conditions if he/she:

a) Quits or resigns;

b) Is discharged for just cause;

c) Fails to return from an approved leave of absence within the prescribed time frame.

d) Has his/her security clearance revoked and not reinstated within twelve (12) consecutive months;

e) Refuses recall;

f) Abandons his/her job (No call and no show for three (3) consecutive workdays or more).

Section 4. Seniority List. A seniority list will be maintained by the Company and will be made available to the Union annually. The Company will also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates. Employees transferring from other sites within the Company retain their original seniority date for benefit and vacation purposes only.

Section 5. Lay-off. When it becomes necessary to reduce the number of employees the Company shall lay off employees by classification within their workgroup and in accordance with their seniority provided that the remaining employees have the skills, ability, and experience necessary to fulfill the Company's obligations.

The Company shall notify the Union, defined as the Business Representative and affected employees as soon as the facts are known to the Company of the upcoming layoffs, but not less than two (2) weeks' notice or two (2) weeks' pay in lieu thereof.

Section 6. 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 fifteen (15) 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 the fifteen (15) working days or 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 7. Transfers. An employee who is transferring 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 13 - DISCIPLINE

Section 1. Disciplinary action shall only be initiated by the Company for just cause, and any penalty imposed will be consistent with proven offenses, and the principle of progressive discipline shall be adhered to, as set forth below.

Section 2. There shall be a twelve (12) month reckoning period for oral and written reprimand discipline after which the offense will not be used to progress to the next step of discipline in the event of further offenses. Suspensions will utilize a twenty-four (24) month reckoning period.

Section 3. For infractions of Company rules such as, but not limited to, absenteeism, tardiness and poor work performance, a four-step procedure will be followed; (i) oral reprimand, (ii) written reprimand, (iii) suspension, (iv) finally termination. 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. 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 desired by the employee.

Section 5. Notwithstanding the foregoing, the Company at all times retains the right to forego progressive discipline and impose more strict discipline in cases of egregious conduct, such as fighting or other physical violence; theft; unauthorized possession of firearms at the worksite; verbal threats of violence; being under the influence of alcohol or illegal drugs at the worksite; or proven instances of unlawful harassment (such as sexual or racial harassment).

ARTICLE 14 - UNION MEMBERSHIP

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 or agency fees 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 paycheck in each month for employees after receipt of authorization.

The parties agree that check-off authorizations shall be on a form supplied 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 tenth (10th) day of the month following the month in which deductions are made. 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 any 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 15 - GRIEVANCE & ARBITRATION PROCEDURE

Section 1. "Grievances" shall mean, and be limited to, disputes or 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:

Section 2. All grievances beyond Step 1 below involving employee claims shall be in writing on the grievance form provided by the Union and shall be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

Step 1: The employee(s), with or without their Shop Steward, shall promptly bring a grievance to their Program Manager 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 Program Manager. The Program Manager 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, or if no reply is given, within ten (10) working days after having brought the grievance to the Program Manager, a written grievance containing the specific Article(s) and Section(s) which is/are claimed to be violated and the remedy requested must be signed by the employee Shop Steward and submitted by the Shop Steward and taken up with the Company's Senior Labor Relations Representative, or his designee.

A formal grievance meeting shall be scheduled within five (5) subsequent working days after the written grievance is submitted to the Company's Senior Labor Relations Representative or designee. The meeting may be held via telephone and/or other electronic means. The Company shall give its written reply within ten (10) working days after the formal grievance meeting is held. If the grievance is not satisfactory settled after the Step 2 reply then:

Step 3: Within ten (10) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the Company's Senior Labor Relations Representative or designee. The Company's Senior Labor Relations Representative, or designee, and the Business Representative of the Union shall meet within ten (10) working days after receipt of the grievance. The meeting may be held via telephone and/or other electronic means. A written reply from the Company's

Senior Labor Relations Representative 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 patty may submit the grievance or dispute to arbitration as provided in Article 11, "Arbitration Procedure".

Section 3. 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 consistent with the terms and conditions of the Agreement.

Section 4. Any aggrieved employee and Union Business Representative shall have the right to be present at the 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 Program Manager. 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.

No employee shall be discharged or otherwise disciplined without just cause. In all cases of discharge or unpaid suspension, the Shop Steward or his designee shall be present during the proceedings, unless otherwise requested by the employee due to an extreme personal circumstance.

Section 5. 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 bargaining unit employee(s) whose pay is in dispute or other records pertaining to a specific grievance.

Compensation will be paid for reasonable time spent discussing or investigating grievances during normal work schedules.

Section 6. It is understood that the time limits specified herein may be extended only by mutual written agreement of the parties hereto.

Section 7. 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.

Section 8. The Company shall have the right to file grievances alleging violations by the Union or employees of this Agreement. Such grievances shall be filed with the Business Representative and shall be resolved in accordance with Step 3 above, i.e., the Business Representative shall have ten (10) working days in which to answer the grievance in writing.

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, the party appealing the grievance to arbitration shall, within ten (10) working days of said appeal, request the Federal Mediation and Conciliation Services to furnish a panel of seven (7) arbitrators for the purpose of selecting an arbitrator. The moving party in this instance strikes first; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains. The Company and the Union may agree upon an arbitrator to hear any case before or after submitting to the FMCS for a panel.

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. Nor shall the arbitrator have the auth01ity to engage in any form of interest arbitration. The expenses and fees of the arbitrator will be borne equally by both parties. The cost of any additional services requested by either party shall be borne by the requesting party.

Section 4. The arbitrator shall render a signed decision and copies of the award shall be delivered or mailed to each of the patties. There shall be no appeal from the arbitrator's decision, which shall be final and binding on the Union and its members, the employee or employees involved covered by this Agreement, and the Company.

Section 5. Any grievance not scheduled for arbitration as provided in this Article within six (6) months of the date of the alleged contract violation shall be waived. The time limitations set forth in this Article may be extended only by mutual written agreement of the parties.

ARTICLE 16 - HOURS OF WORK

Section 1. The normal work week will begin at 12:00 am Sunday and end at 11:59 pm the following Saturday although nothing in this Agreement shall be construed as a guarantee of hours.

a) A daily work schedule may begin on one calendar day and end on another.

b) Employees will be scheduled to work in accordance with a formal offer letter of employment.

c) Employee work schedules can be flexed as determined by management in order to meet the contract requirements.

d) Any other schedule as agreed to by both parties

1. Alternate work schedules may be requested by employees, provided that they meet operational support requirements.

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 do so shall be given 4 hours work of any type which is available, if no such work is available, he shall be given 4 hours pay at the applicable rate.

Section 4. Site Closures. In the event the site is closed on a normal workday and employees are told not to report to work by management, employees will receive their base pay and benefits for their originally scheduled hours.

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. Employees will be allowed one (1) fifteen (15) minute rest period before and one (1) fifteen (15) minute rest period after lunch in each complete workday. Said rest periods are to be taken as work permits.

ARTICLE 17 - OVERTIME

Section 1. Overtime will be paid for work in excess of forty (40) hours in a work week at one and one-half (1.5) times the employee' s regular base hourly rate.

Section 2. There shall be no duplication or pyramiding of overtime payments.

Section 3. Available overtime shall be rotated 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 4. Except in extenuating circumstances, overtime requirements shall normally be posted not less than forty-eight (48) hours prior to an overtime requirement.

ARTICLE 18 - UNPAID LEAVES OF ABSENCE

Section 1. Where feasible, for all categories of unpaid leaves of absence, other than furlough, an employee must provide his/her supervisor with an advance written request of an unpaid leave of absence in excess of eight hours by means of the Request for Leave form. The request will stipulate a specific period of time of when the leave will commence and end. All requests for unpaid leaves of absence will be reviewed by Human Resources.

Leaves taken for personal reasons, special assignment, or educational reasons must be approved by the employee's supervisor and Human Resources prior to the commencement of the leave.

All accrued sick and vacation leave must be exhausted before an employee shall be granted an unpaid medical leave of absence. Any vacation or sick leave accruing to an employee's account during the period of the leave cannot be used until the employee returns to work in a paid work status.

Military leave policy is intended to duplicate applicable federal and state laws providing rights and benefits to employees who are absent from the workplace to perform service in the uniformed services.

A furlough is an involuntary leave of absence required by the company when temporary disruptions require a limited, short-term cessation of work activity. A furlough shall not exceed thirty (30) consecutive calendar days in duration. If an employee cannot be restored to an active work status by the end of the thirtieth (30th) day on furlough, the employee shall be laid off. In the event that an employee is furloughed, the Company will not contest their unemployment.

Section 2. Benefit Date Adjustment. An employee who takes a personal leave of absence shall have their benefit date adjusted to subtract the number of workdays that they are absent, except for leaves resulting from occupational illness or injury.

Section 3. Failure to Return from a Leave of Absence. Failure to return from a leave of absence on the first scheduled workday following the expiration date of said leave, will result in termination of the employee, except in extenuating circumstances involving reasons acceptable to the Company in its sole discretion.

Section 4. Union Business. Bargaining Unit employees that are required to travel for official Union business or attend official Union functions shall be granted a leave of absence for performing such business. While on such leave, employees shall not lose any benefit of seniority. Such leave shall not be longer than thirty (30) calendar days in any calendar year.

Employees shall submit such requests for leave accompanied by official Union communication authorizing them to travel or act in such capacity. These requests will normally be made at least fourteen (14) calendar days in advance of such requirement.

ARTICLE 19 - HOLIDAYS Section

1. The following ten (10) holidays will be provided:

New Year's Day Martin Luther King's Birthday

President's Day Memorial Day Labor Day

Independence Day Veteran's Day Columbus Day Christmas Day Thanksgiving Day

Section 2. Any holiday falling on a Saturday or Sunday will be observed on the day set by the Federal Government.

Section 3. Regular full-time holiday pay is eight (8) hours.

Section 4. 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 authorized by the customer.

Section 5. In the event that training is conducted on one of the aforementioned days, those hours worked will be paid at the overtime rate of 1.5 times their base hourly rate.

Section 6. Employees will be allowed to float the Columbus and Veteran's Day Holidays.

The rescheduling of these holidays will be done on an individual basis to accommodate both employees and operational support needs. The Company maintains the sole discretion in approving the alternate holiday schedule.

ARTICLE 20 - VACATION

Section 1. Annual Accrual Rates. Earned paid vacation hours shall be credited to the employee's account as accrued upon completion of each standard workweek. Paid vacation accrual will follow the schedule below:

Up to Four Years of Service. During the first forty-eight (48) months (4 years) of continuous employment, regular full-time employees will accrue 1.539 hours of paid vacation after the completion of each standard full-time workweek to a total annual rate of ten (10) days.

After Four Years up to Fourteen Years of Service. During the interval between forty-eight (48) months (4 years) and one-hundred and sixty-eight months

(168) of continuous employment, regular full-time employees will accrue 2.308 hours of paid vacation after the completion of each standard full-time workweek to a total annual rate of fifteen (15) days.

After Fourteen Years of Service. After completion of one-hundred and sixty-eight (168) months of continuous employment, regular full-time employees will accrue 3.077 hours of paid vacation after the completion of each standard full-time workweek to a total annual rate of twenty (20) days.

Section 2. An employee's accrued, unused paid vacation balance cannot exceed two (2) times the annual accrual rate. Upon termination of employment, an employee will be paid for all accrued (unused) vacation time at the employee's current base hourly rate, as defined in Article 21, Section 1.

ARTICLE 21 WAGE RATE SCHEDULE

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 Camp Ripley, Minnesota Site. 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 and will be effective the first full pay period following the dates indicated below:

WAGE RATES

Position Current 08/01/2020 08/01/2021 08/01/2022

Instructor/Operator $27.42 $28.29 $29.14 $30.01

Instructor/Operator Paramedic

$27.42 $28.79 $29.64 $30.51

Instructor/Operator

- Lead

$27.42 $29.29 $30.14 $31.01

The Company reserves the right in its sole discretion to place employees in the Instructor/Operator-Paramedic classification and has no obligation to place more than one paramedic in that classification.

Section 2. A lead is defined as an employee who is required to assist the Program Manager with administrative tasks and serves as the Company representative for direct coordination with the Site Quality Assurance Representative (QAR), Course Coordinator (CC), and Medical Director. Management shall determine the lead or leads, and the designation of lead status or the removal of such is at its discretion. The Lead shall not have the authority to hire, fire, issue discipline, grant time or perform similar functions of a Program Manager.

ARTICLE 22 - EMPLOYEE INSURANCE & BENEFITS

Section 1. The current package of benefits (in which the cost is shared by the employee and the Company in some cases) shall include:

Flexible Spending Account and Health Savings Account (where applicable)

Basic Life Insurance and Basic Accidental Death & Dismemberment

(AD&D)

Insurance o Employee Supplemental Life Insurance and Supplemental

AD&D Insurance

Dependent Life Insurance

Long Term Disability Insurance

Short Term Disability Insurance

Medical/Dental/Vision Insurance

Retirement Benefit Plan as outlined in Section 4

Business Travel Accident Insurance

Education Assistance Program as outlined in Section 3

Employee Assistance Program

Sick Leave in accordance with Section 2

Other paid leaves as outlined in Section 5

The benefits levels available are described in the respective plan documents and annual enrollment materials. As these plans are provided by outside vendors and/or are Companywide plans, the Company may find it necessary or desirable to amend, revise, or replace some or all of the plans during the life of this Agreement. The Company may elect to amend the standard companywide plans each year and such amendments will apply to employees covered by this Agreement.

Effective the first full pay period on or following August the dates listed below, should the value of the Company-provided benefits for an individual's benefits elections result in an amount less than the amount indicated below (to a maximum of forty (40) hours paid per week), the residual amount will be paid to the employee.

Current 08/01/2020 08/01/2021 08/01/2022

$6.35 $6.60 $6.85 $7.10 Section 2. Effective August 1, 2020 Full-time employees, who are continuously employed, will accrue 1.539 hours of sick leave after the completion of each standard full-time workweek to total an annual rate of ten (10) days per year. There will be no maximum accrual limit on sick leave however any accrued, unused sick leave will not be paid out to the employee upon termination from the Company.

Section 3. The maximum benefit payable to an employee toward the completion of an associate or bachelor's degree or its equivalent at an accredited educational institution is $7,500 (U.S.) per Calendar Year, based on when the benefit is paid to the employee.

Current applicable tax guidelines for the employee's location will govern the amount of the benefit that is taxable.

The maximum benefit payable to an employee toward the completion of a graduate level degree or its equivalent at an accredited educational institution is $15,000 (U.S.) per Calendar Year, based on when the benefit is paid to the employee. Current applicable tax guidelines for the employee's location will govern the amount of the benefit that is taxable.

The maximum benefit payable to an employee toward the completion of a certification or other professional designation is $5,250 (U.S.) per Calendar Year, based on when the benefit is paid to the employee. Current applicable tax guidelines for the employee's location will govern the amount of the benefit that is taxable.

Reimbursement is contingent upon satisfactory completion of the course including the award of a minimum grade of "C" or "Pass" as appropriate. However, reimbursement for academic related education requirements shall include payment for tuition, registration and required course fees, including books, but shall not include non-mandat01Y fees, admissions examinations or any other special charges (e.g. travel, room & board).

Reimbursement for certification and other professional qualification requirements shall include the payment required to take the examination, and books. It will not include preparat01Y course costs, non-mandatory fees, or any other special charges (e.g. travel, room & board). It is understood that the reimbursement can also be applied to conferences, and professional development opportunities, approved by the Company.

Employees who terminate their employment for reasons that, in the opinion of management, are within their control, including termination for cause or voluntary resignation, prior to the twelve (12) months following completion of the reimbursed course or certification examination will be required to make a prorated repayment of the benefit.

In the event of a layoff, this provision will be waived.

Section 4. The Company will match each 1% the employee contributes into their retirement account with a 1% contribution. The Company's total contribution amount will not exceed 3%.

Section 5. Jury Duty. Employees shall be excused from work and paid, for all regularly scheduled hours missed due to the required jury duty, the difference between their base hourly rate of pay.

An employee who was subpoenaed as a witness to a civil or criminal court action (but not appearing as a party to the action) is eligible for compensation for scheduled work time necessarily missed to appear to give such testimony in a civil or criminal court action.

The employee must make a good faith effort to limit the amount of scheduled working time missed by attempting to have his/her testimony scheduled during non-working time and, to the extent practical, to be placed on an on-call status to testify. Eligibility for this pay is conditioned upon the employee giving the supervisor a copy of the subpoena the first working day after the employee is served.

Section 6. Bereavement. When there is a death or critical illness or injury (usually considered life threatening but unrelated to a routine or corrective surgery) of a member of an employee's Immediate family. Under such circumstances, emergency leave may be granted for a period not to exceed three (3) working days in state required travel, and up to five (5) working days for emergency leave requiring out of state travel Immediate family is defined as an employee's spouse, same-sex domestic partner, parent, child (including children of a same-sex domestic partner), brother, sister, grandparent, grandchild, or any of…