Att_20_Fort Drum CBA 2022 2025.pdf

COLLECTIVE BARGAINING AGREEMENT

by and between

PHOENIX LOGISTICS, LLC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

District 65, Local Lodge 761

Fort Drum, NY

May 1, 2022 to April 30, 2025

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1-RECOGNITION

ARTICLE 2-DISCRIMINATION

ARTICLE 3-MANAGEMENT RIGHTS

ARTICLE 4-UNION ACCESS TO OPERATIONS

ARTICLE 5-ASSIGNMENT OF CHIEF STEWARDS

ARTICLE 6-UNION SECURITY

ARTICLE 7-DUES CHECK-OFF

ARTICLE 8-NO STRIKE/NO LOCKOUT

ARTICLE 9-SENIORITY

ARTICLE 10-DISCIPLINE

ARTICLE 11-GRIEVANCE PROCEDURE

ARTICLE 12-ARBITRATION PROCEDURE

ARTICLE 13-BUSINESS TRAVEL

ARTICLE 14-FILLING OF VACANCIES

ARTICLE 15-HOURS OF WORK

ARTICLE 16-0VERTIME

ARTICLE 17-SPECIFIC PERFORMANCE

ARTICLE 18-MISCELLANEOUS PROVISIONS

ARTICLE 19-SECURITY

ARTICLE 20-LEAVE OF ABSENCE

ARTICLE 21-SUBSTANCE ABUSE POLICY

ARTICLE 22-WAGES

ARTICLE 23 HOLIDAYS

ARTICLE 24-VACATION

ARTICLE 25-EMPLOYEE BENEFITS

ARTICLE 26-SUCCESSORS AND ASSIGNS

ARTICLE 27-SEPARABILITY AND SAVINGS CLAUSE

ARTICLE 28-DURATION AND SIGNATURES

Authorized Signatures

This Agreement, effective May 1, 2022 through April 30, 2025, is made by and between Phoenix Logistics, LLC (hereinafter referred to as the "Company") and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, District Lodge 65, LOCAL LODGE NO. 761 (hereinafter referred to as the "Union").

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, hours, and working conditions of the employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful means for the settlement of any disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

ARTICLE 1-RECOGNITION

Section 1. The Company recognizes the International Association of Machinists and Aerospace Workers, 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: The bargaining unit is comprised of all full-time and regular part-time Medical Simulation Instructor/Operators employed by the Company at its Fort Drum, NY Site, but excluding all office clerical employees, sales and professional employees, managerial employees, guards and supervisors as defined in the Act, and all other employees.

ARTICLE 2-DISCRIMINATION

The Company and the Union separately and jointly recognize their obligation to abide by those federal laws and state laws where applicable relating to equal employment opportunity, OSHA, and non-discrimination. 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, U.S. veteran status, disability, citizenship, or marital 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

Section 1. The management of the program and site, and direction of the work force is vested exclusively in the Company except as otherwise expressly, specifically, and directly provided in this Agreement. Subject to the foregoing, this includes but is not limited to: the right to plan, direct and control the business methods and operations of the site; the right to hire, promote, demote, transfer or lay off employees; the right to establish rules of conduct, and to discipline, suspend or discharge employees for just cause; the right to determine the hours, schedules, assignments and standards for performance of work; the right to change, relocate, abandon or discontinue any services, methods or facilities; the right to introduce new, improved, or change materials or facilities and to subcontract, purchase or otherwise acquire materials and services from any source.

Section 2. The Union and employees shall be notified prior to the enforcement of new rules or changes in existing work rules and offered an opportunity to bargain upon request.

Section 3. The Company shall not be deemed to have assumed any past practice of the predecessor employer.

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 at 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 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 they are leaving 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 CHIEF STEWARDS

Section 1. It is hereby understood and agreed that the Union may assign one (1) Chief Steward to represent Bargaining Unit employees and one (1) alternate Chief Steward. The alternate Chief Steward shall only act in the absence of the Chief 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 Chief 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. Should a Chief Steward be required to leave the job to handle a grievance, they shall first request the permission of his Program Manager and shall report to his Program Manager upon returning to work. When a Chief 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. It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the ratification date of this Agreement, shall remain members in good standing and those who are not members on the ratification date, whichever is later, shall on the ninetieth (90th) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union or pay a service fee to the Union (but not both dues and service fee). The service fee is equal to the regular monthly dues of the Local Lodge. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its ratification date, whichever is later, shall on the ninetieth (90th) day following the beginning of each employment, become and remain members in good standing in the Union or pay a service fee (but not both dues and service fee). The service fee shall be equal to the regular monthly dues of the Local Lodge.

ARTICLE 7-DUES CHECK-OFF

Section 1. Dues/Fees Deduction. The Company will deduct an amount equivalent to Union monthly membership dues, initiation fees, and reinstatement fees from the wages of employees provided the employees have executed a written authorization provided by the Union. The Union accepts the Company shall disregard all responsibility for the authenticity of each authorization and any authorizations which are incomplete or in error. Authorizations that are incomplete or in error will be returned to the Union immediately for correction. The Union is responsible for full compliance with all laws/regulations pertaining to dues deduction and shall indemnify and hold the Company harmless against any claims, demands, lawsuits, or other forms of liability that may arise out of or by reason of action taken by the Company in making payroll deductions as herein provided. Union dues will be taken out bi-weekly (24 deductions per calendar year).

Section 2. Deductions shall be remitted to the Union and submitted to the IAMAW District 65 Secretary Treasurer currently at P.O. Box 2020, Jamestown, NY 14702-2020, no later than the fifteenth (15th) day of the month following the month in which the deductions were made and shall include all deductions made in the previous month, The submission shall include the names and individual amount of dues deductions from the employees. In the event of unforeseen circumstances, the Company will be granted an extension upon a request being submitted. The Company will continue to provide an itemized invoice with each dues payment. The Union shall notify the Company of any change in address regarding Dues Remittance.

ARTICLE 8-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 (including sympathy and secondary strikes), slowdown, stoppage of work or picketing 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 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 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. Any proven violation of this Article by any employee shall be deemed to be just cause for discharge.

ARTICLE 9-SENIORITY

Section 1. Probationary Period: Any employee who has been in the employ of 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 including the whole span of continuous service with the present contractor or successor, and with predecessor contractors as reflected in Attachment A herein. Employees hired on or after the date of the contract ratification will establish their seniority from date of hire at the facility.

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 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 the same day).

Section 4. Loss of Seniority: An employee covered by this Agreement shall lose his seniority status and his name shall be removed from the seniority list under any of the following conditions:

1. They quit or resigns.

2. They are discharged for just cause.

3. Fails to return from an approved leave of absence within the prescribed time frame;

4. Leaves of absence for any reason including work-related and non-work-related illness or injury in excess of eighteen (18) months.

5. Is on layoff status in excess of eighteen (18) months.

6. Is barred by the customer’s written order.

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

8. They refuse recall.

Section 5. Seniority List: A seniority list will be maintained by the Company and will be made available to the Union annually, or upon request. The current list is found as Attachment A herein. 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.

Section 6. Layoff: When it becomes necessary to reduce the number of employees, the Company shall lay off employees in accordance with their seniority, provided that the remaining employees have the skills, ability, experience and certifications to fulfill the Company's support obligations.

The Company shall notify the Union and affected employees as soon as the facts are known to the Company of upcoming layoffs.

Section 7. Recall: Employees shall be recalled in reverse order of layoff. The Company shall send recall notices by certified mail or other trackable delivery (i.e., FedEx) 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 with Phoenix Logistics, LLC shall retain seniority but shall not accrue additional seniority for time worked outside the unit. If the employee returns to the bargaining unit within the six-month window, then they shall return to the seniority accrual level prior to their departure. A return to the bargaining unit after six (6) months will start their bargaining unit seniority anew.

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.

Section 10. Should the Program at Fort Drum, NY transfer to a successor contractor, employees in the bargaining unit shall have the right to transfer to the new contractor while retaining their original benefit date and their current seniority date.

ARTICLE 10-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. Disciplinary records for an employee who has no recurrence of the action that caused that discipline shall not be removed from the employee file but be maintained as effective toward progressive discipline in accordance with the following:

1. Verbal Counseling - twelve (12) months

2. Letters of Reprimand - twelve (12) months

3. Suspension – twenty-four (24) months

4. Discharge - permanent record

Section 3. For minor infractions of Company rules such as, but not limited to, absenteeism and tardiness, a four (4) 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.

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 Chief Steward shall be notified, and the Union shall be given the opportunity to attend such interviews if requested by the employee.

Section 5. Notwithstanding the foregoing, the Company retains the right to forego progressive discipline and impose more strict discipline up to immediate termination for cases of egregious misconduct such as, but not limited to, fighting or other physical violence, theft, being under the influence of alcohol or unlawful drugs, or proven instances of unlawful harassment (such as sexual or racial harassment).

ARTICLE 11-GRIEVANCE PROCEDURE

Section l. "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 Chief 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 Chief 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 or Chief Steward and submitted by the Chief Steward and taken up with the 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 (I 0) 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 schedule a meeting 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 party may submit the grievance or dispute to arbitration as provided in Article 12, "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 chief 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 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. Grievances regarding the termination or unpaid suspension of a bargaining unit member shall begin processing at Step 3.

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.

ARTICLE 12-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 thirty (30) working days following the Step 3 decision of Article 11, Grievance Procedure, it shall be deemed that the grievance and ability to arbitrate are waived Grievances waived due to missed time limits are not considered precedent setting.

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 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. 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 authority 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 parties. 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.

Grievances waived due to missed time limits are not considered precedent setting.

ARTICLE 13-BUSINESS TRAVEL

Section 1. Employees will be paid when they are required to travel from the normal workplace to perform duties for the Company.

1) An employee, while on travel status, will be paid for:

a. All actual work time when such work has been assigned in advance.

2) Actual travel time by any conveyance; however, should the employee request to use automobile travel in lieu of commercial airline as provided by the Company, travel time shall be limited to the duration shown on the airline schedule, when approved.

3) All travel that requires the use of POV will be reimbursed as specified in the government

Joint Travel Regulations.

On the 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.

The Company will reimburse the employee for transportation or mileage, lodging and provide per diem as specified in the government Joint Travel Regulations.

ARTICLE 14-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 fifteen (15) days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay and benefits. ·

Section 2. The Company has the right to determine the job qualifications. Copies of job descriptions and required qualifications shall be retained by the Program 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 will notify the Chief Steward and all bargaining unit employees of any openings to be filled by e-mail notification and posting such openings on the Company's applicant system at least ten (10) calendar days prior to filling such vacancies.

The postings shall contain the position(s) open, any prerequisites required to be considered eligible including the job description for the posted classification and the method that employees may apply for such openings.

The Company shall promote employees to any open position(s) from within the bargaining unit by seniority if employees have the skill and ability necessary to do the work. 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.

Section 4. The Company will notify the Union of any openings to be filled within the bargaining unit prior to filling the position. Employees and the Union are permitted to enroll in automatic notifications about job openings.

Section 5. Upgraded employees will be considered on a trial period within the new position for sixty (60) days after upgrading. During this period, the Company will reclassify the employees to their former classification if it is determined by the Site Manager, or his designee, that the employee is not meeting the qualifications for that job classification.

Section 6. The Company may temporarily upgrade an employee to a higher paid classification.

The employee shall receive the pay rate for the classification of work that they are performing.

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 parties may extend the time limits herein prescribed if the upgrade is due to another employee's extended absence.

ARTICLE 15-HOURS OF WORK

Section 1. An employee's regular assigned workweek shall consist of the following, provided that nothing in this Agreement shall be construed as a guarantee of hours of work or pay for any period:

• Forty (40) hours consisting of five (5) nine (9) hour days, which includes a one (1) hour unpaid meal period, beginning on Sunday. The unpaid meal period will be taken as work permits.

• "Flexed" or other schedules as agreed to by the Company and employee.

• 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.

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, they shall be given four (4) hours' pay at the applicable rate.

Section 4. An employee who is called and reports back for work after they have 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, at the discretion of the Company, employees either will be compensated for their regular scheduled work time when such compensation is authorized by the customer or given the opportunity to make up the lost time during the same workweek if the work is considered mission essential. It is understood and agreed that the foregoing sentence only applies when employees are prohibited by the government from entering the base. This section also does not apply to instances involving the release of military members for events such as Command-designated Family Days.

ARTICLE 16-0VERTIME

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 workweek. Overtime can be authorized only by the Program Manager.

If an employee is required to work on one of the holidays, they will receive the holiday pay plus a premium of one and one half (1.5) times their base hourly rate or have the choice take another day off in lieu of the holiday (flex time). The employee will not receive both premium pay and an alternate day off.

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

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 17-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 18-MISCELLANEOUS PROVISIONS

Section 1. Safety: The Employer and the Union recognize the importance of safety in the workplace. The Employer will reimburse bargaining unit employees up to a maximum of two hundred dollars ($200.00) every two calendar years for the purchase of safety shoes if they meet the Company safety standards. The employee must provide a receipt for any such reimbursement. The Employer will also provide expendable personal protective equipment as required. The Employer and employees will be required to comply with all safety rules and regulations that govern the work site. The Employer 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 Program Manager, or his 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 Phoenix Logistics, LLC 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 circumstance. 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. All full-time employees are provided with two rest periods of 15 minutes in length. To the extent possible, rest periods will be provided in the middle of work periods. Since this time is counted and paid as time worked, employees must not leave the premises and may not be absent from their workstations beyond the allotted rest period time.

Section 6. Employees will comply with the Company's training and certification program. This includes the requirement that all employees comply with and maintain all of the certifications and training experience required under the applicable PWS. Employees also must maintain all licenses and certifications and stay up to date on all continuing education requirements. Failure to do so shall be cause for discipline and/or render the employee unqualified for his position.

Section 7. Amendments: No agreement, understanding, alteration or variation of any term or provision of this Agreement shall bind the Employer or Union unless made and executed in writing by the Company and Union. This Agreement shall be interpreted using ordinary principles of contract law.

ARTICLE 19-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 for security clearance or national agency check and/or unescorted entry authorization by a governmental agency and 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 they are 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 on-site 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. The employee shall have right of first refusal after this time limit is exceeded.

ARTICLE 20-LEAVE OF ABSENCE

Section 1. Where feasible, for all categories of unpaid leaves of absence, other than furlough, an employee must provide his/her Program Manager 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 Program Manager and Human Resources prior to the commencement of the leave.

Accrued sick leave and vacation time must be used concurrently with any unpaid medical leave of absence. The employee will be required to use all accrued vacation minus forty (40) hours that they may utilize once they return to full time employment.

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. Employee(s) affected by this temporary disruption will be able to exercise their seniority rights in accordance with Article 9 provided that they have the necessary skills and ability to perform the remaining duties. If an employee cannot be restored to an active work status by the end of the thirtieth day on furlough, the employee shall be laid off in accordance with Article 9.

Employees shall continue to accrue seniority rights while on active military duty regardless of length.

Section 2. Union Business: Bargaining unit employees that are required to travel for official Union business or attend official Union functions shall be granted an unpaid leave of absence for performing such business, provided that such leave does not interfere with the Company's ability to fulfill its obligations to the government. While on such leave employees shall not lose seniority.

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 21-SUBSTANCE ABUSE POLICY

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.

Consistent with these goals, the Company prohibits the use, possession, distribution or sale of drugs, drug paraphernalia or alcohol on Company premises. A program of testing, if necessary, to comply with Federal or State regulations will be instituted upon mutual consent of the Company and the Union. Reasonable suspicion testing shall be administered in accordance with Company policy.

ARTICLE 22-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 Fort Drum, NY 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 as designated below. These increases will be effective the first pay period following the dates indicated below:

Current 8/1/2022 8/1/2023 8/1/2024 Instructor / Operator $25.40 $28.45 $29.30 $30.03 Instructor / Operator - Paramedic* $25.98 $29.10 $29.97 $30.72

Instructor/ Operator - Lead** $26.55 $29.74 $30.63 $31.39

*The Company reserves the right in its sole discretion to place employees in this classification and has no obligation to place more than one paramedic in that classification.

**Designation and removal of the Lead is at the sole discretion of the Company.

ARTICLE 23 HOLIDAYS

Section 1. Each year, the following are to be paid holidays:

• New Year's Day

• Martin Luther King, Jr. Birthday

• Presidents' Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veteran's Day

• Thanksgiving Day

• Day After Thanksgiving

• Christmas Day

In addition to the Holidays listed above, the Company will observe any holiday declared as a legal federal holiday by Congress or the President when said observation is authorized by the customer. This provision does not apply to instances involving the release of military members for events such as Command-designated Family Days.

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. If an employee is required to work on one of the aforementioned holidays, they will receive the holiday pay plus a premium pay of one and one-half (1.5) times their base hourly rate or have the choice to take another day off in lieu of the holiday (flex time). The employee will not receive both premium pay and an alternate day off.

ARTICLE 24-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:

a) Up to Four (4) Years of Service - During the first forty-eight (48) months of continuous employment, regular full-time employees will accrue 1.54 hours of paid vacation after the completion of each standard full-time workweek to total an annual rate of ten (10) days.

b) After Four (4) Years of Service up to Fourteen (14) Years of Service - During the interval between forty-eight (48) months and one hundred sixty-eight (168) months of continuous employment, regular full-time employees will accrue 2.31 hours of paid vacation after completion of each standard full-time workweek to total an annual rate of fifteen (15) days.

c) After Fourteen (14) Years of Service -After completion of one hundred sixty-eight (168) months of continuous employment, regular full-time employees will accrue 3.08 hours of paid vacation after completion of each full-time workweek to total an annual rate of twenty (20) days.

Section 2 An employee's accrued, unused vacation balance cannot exceed two (2) times the annual accrual rate. Once this limit is met the employee shall not accrue further paid vacation until the employee has used some of his accrued vacation, thereby causing the employee's accrued vacation balance to fall below the maximum annual accrual rate.

Upon termination of employment, an employee will be paid for all accrued (unused) vacation time at the employee's base hourly rate, as defined in Article 22, Section 1.

Section 3. Employees will be allowed to take vacation in 1/2-hour increments.

ARTICLE 25-EMPLOYEE BENEFITS

Section l. Full-time employees will be offered the same benefits and cost sharing provided to non-bargaining employees for the term of this Agreement. 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

• Employee Supplemental Life Insurance

• Dependent Life Insurance

• Long Term Disability Insurance

• Short Term Disability Insurance

• Medical/Dental/Vision Insurance

• Retirement Plan as outlined in Section 3

• Business Travel Accident Insurance

• Education Assistance Program as outlined in the Company's Handbook

• Employee Assistance Program

• Sick Leave as outlined in Section 2

• Other paid leaves as outlined in Section 4

The benefits levels available and employee cost sharing amounts 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 following August 1 of each year the following health and welfare allowances will be made. Should the value of the Company-provided benefits (including paid sick leave) for an individual's benefits elections result 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 on a one pay period lag basis.

Current 8/1/2022 8/1/2023 8/1/2024

$6.35 $6.67 $6.87 $7.07

Section 2. Regular full-time employees will accrue 1.231 hours of sick leave per week to total an annual rate of sixty-four (64) hours. Sick leave will be credited to the employees account upon completion of each payroll period. Employees may accumulate up to one hundred sixty

(160) hours of sick leave. Employees shall be permitted to use sick leave in 30-minute increments. The company recognizes New York Labor Law Section 196. The Union and Company acknowledge that the negotiated accrual, carryover, and use requirements in this Agreement differ from and are a comparable benefit to the provisions of New York Labor Law, Amendment 196-b, Sections 9.a and 9.b.Accrued sick leave will not be paid out upon termination of employment from the Company.

Section 3. 401(K) - Employees will be able to participate in the Company 40l(K) retirement plan. The Company will match each 1% the employee contributes into their retirement account with a 0.5% contribution; this match will be deducted from each employee's health and welfare allowance. The Company's total contribution amount will not exceed 3%.

Section 4. Jury Duty - Employees shall be excused from work and paid, for all regularly scheduled hours missed due to the required jury duty.

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 Program Manager a copy of the subpoena the first working day after the employee is served.

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, emergency paid leave for up to three (3) working days (5 paid working days if travel exceeds four hundred (400) miles) may be granted. "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 these in a step or in-law relationship, legal guardian, or legal ward.

Employees may be required to provide supporting documentation.

Military Leave - Compensation for a maximum of ten working days per year shall be granted to employees fulfilling training commitments within the Military Reserves or National…