Att_23_JBLM CBA 2022 2025.pdf

COLLECTIVE BARGAINING

AGREEMENT

BY AND BETWEEN

PHOENIX LOGISTICS, LLC.

U.S. ARMY TRAINING INSTRUCTORS/OPERATOR

SERVICES SUPPORT (TRIOSS)

Joint Base Lewis McChord (JBLM)

AND THE

INTERNATIONAL

ASSOCIATION of MACHINISTS and AEROSPACE WORKERS, AFL-CIO

DISTRICT LODGE 751

Effective Dates June 1, 2022 to May 31, 2025

Table of Contents

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 NON-DISCRIMINATION

ARTICLE 3 MANAGEMENT RIGHTS

ARTICLE 4 UNION ACCESS TO OPERATIONS

ARTICLE 5 ASSIGNMENT OF SHOP STEWARDS

ARTICLE 6 UNION SECURITY & DUES CHECK-OFF

ARTICLE 7 NO STRIKE/NO LOCKOUT

ARTICLE 8 SENIORITY

ARTICLE 9 DISCIPLINE

ARTICLE 10 GRIEVANCE PROCEDURE

ARTICLE 11 ARBITRATION PROCEDURE

ARTICLE 12 BUSINESS TRAVEL

ARTICLE 13 FILLING OF VACANCIES

ARTICLE 14 HOURS OF WORK

ARTICLE 15 OVERTIME

ARTICLE 16 SPECIFIC PERFORMANCE

ARTICLE 17 MISCELLANEOUS PROVISIONS

ARTICLE 18 SECURITY

ARTICLE 19 LEAVE OF ABSENCE

ARTICLE 20 SUBSTANCE ABUSE POLICY

ARTICLE 21 WAGES

ARTICLE 22 HOLIDAYS

ARTICLE 23 VACATION

ARTICLE 24 EMPLOYEE BENEFITS

ARTICLE 25 SEPARABILITY AND SAVINGS CLAUSE

ARTICLE 26 DURATION AND SIGNATURES

Authorizing Signatures

This Agreement, effective June 1, 2022 through May 31, 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 751 (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 Joint Base Lewis-McChord, WA Site (“JBLM”), on the U.S. Army Training Instructors/Operator Services Support (TRIOSS) program, but excluding all office clerical employees, sales and professional employees, managerial employees, guards, supervisors and Program Managers as defined in the Act, and all other employees.

ARTICLE 2 NON-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 (provided that bargaining unit employees are not laid off or denied forty (40) hours per week or the opportunity to work overtime), purchase or otherwise acquire materials and services from any source.

Section 2. The Union and employees shall be notified thirty (30) days prior to the enforcement of new rules, policies, procedures or practices, or changes in existing rules, policies, procedures or practices. The Union may grieve the reasonableness of the new or changed rule, policy, procedure or practice within fifteen (15) working days of the date of the Company notice to the Union.

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 their designee and such visits shall not interfere with production of work being performed. Such approval shall not be unreasonably withheld. The Union Representative shall notify the Program Manager or their 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 SHOP STEWARDS

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

Section 2. It is understood that 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. Should a Shop Steward be required to leave the job to handle a grievance, they shall first request the permission of their Program Manager and shall report to their Program Manager upon returning to work.

When a Shop Steward makes the effort to comply herein, permission to leave the job to handle a grievance shall not be unreasonably withheld.

Section 4. 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 their designee, for review prior to their posting.

ARTICLE 6 UNION SECURITY & DUES CHECK-OFF

Section 1. Union Payroll Deduction: It is agreed between the Company and the Union that any employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, or pays an agency fee, may authorize the collection of Union dues or agency fees by the signing of a payroll deduction form. The employee's authorization shall be irrevocable for a period of one (1) year from the date they are signed or until this Agreement expires whichever occurs sooner, irrespective of their membership status in the Union.

(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within ten (10) calendar days but not less than three (3) days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such ten (10) day period.

(b) Collection of any back dues or agency fees owed at the time of starting deductions for any employee and collection of dues or agency fees missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

(c) All employees of the Company subject to the terms of this Agreement shall, as a condition of employment, become and remain members in good standing of the Union. This requirement shall take effect thirty-one (31) days following the beginning of employment in a position covered by this Agreement. The only obligation imposed by this Section shall be the payment of regular or periodic dues or representation fees.

(d) As allowed by law, employees who are Union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union; employees within the bargaining unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and membership dues exceed the amount specified in the Constitution and/or by-laws of the Union.

(e) Any employee required to pay an agency fee, membership dues, or initiation or reinstatement fee as a condition of continued employment who fails to tender the agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be notified in writing of the employee’s delinquency. A copy of such communication shall be mailed to the Company not later than fifteen (15) days prior to such request that the Company take final action to terminate employment for failure to satisfy obligation.

(f) Deduction of membership dues or agency fees shall be made in a flat sum, taken out bi-weekly (24 deductions per calendar year) provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues or agency fees shall not extend beyond the pay period in which the employee's last day of work occurs.

(g) The Company shall issue all Union payments such as Union dues, Initiation Fees, Political Action Contributions, etc. via electronic funds transfer process only (Direct Deposit). The Union shall ensure the Company has been provided with a valid Bank Account and Routing number to set up the process. It will be the responsibility of the Union to submit all changes in Bank information to the Company immediately.

(h) The Company shall issue all reports distributed to the Union electronically. Accounts will be established for a focal designated by the Union. It will be the responsibility of the Union to submit all changes in focals to the Company.

Section 2. Indemnity: The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits (including providing legal counsel to the Company) 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 6.

ARTICLE 7 NO STRIKE/NO LOCKOUT

Section 1. The Union agrees that neither it nor any of the employees in the bargaining unit covered by this Agreement will collectively or individually engage in or participate in any strike (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 8 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 their seniority status and their name shall be removed from the seniority list under any of the following conditions:

1. Employee quits or resigns.

2. Employee is 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, which includes employees not retained due to changes in contactors.

6. Is barred by the customer’s written order subject to Article 18.

7. Abandons their job (No call and no show for three (3) consecutive work days or more).

8. Employee refuses recall.

Section 5. Seniority List: A seniority list will be maintained by the Company and will be made available to the Union semi-annually, or upon request. The Company will also furnish a list to the Union reflecting new hires or rehires/recalls, their classification, their date of hire, and termination or layoff dates or other dates of leaving the bargaining unit.

Section 6. Layoff: When it becomes necessary to reduce the number of employees, Company shall lay off employees by job classification in reverse seniority order with the least senior employee in said job classification being laid off first, 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., UPS) to the employee's last known official 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. 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 six-months from the date they left the bargaining unit, 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 JBLM, 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 9 DISCIPLINE

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

Section 2. 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 – eighteen (18) 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 Shop 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 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). The Union reserves the right to grieve whether the punishment fits the misconduct.

ARTICLE 10 GRIEVANCE 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 or Business Representative and submitted by the Shop Steward and taken up with the Company’s Senior Labor Relations Representative, or their 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 party 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 their 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.

ARTICLE 11 ARBITRATION PROCEDURE

Section 1. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated.

If said notice is not served within a thirty (30) working day period following the Step 3 decision of Article 10, Grievance Procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

Section 2. In the event the Union or the Company submits a grievance to arbitration, 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.

The parties must strike within ten (10) calendar days after receipt of the panel from the FMCS and the arbitrator selected by the parties must be notified within three (3) business days following the parties’ selection.

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. The time limitations set forth in this Article may be extended only by mutual written agreement of the parties.

ARTICLE 12 BUSINESS TRAVEL

Section 1. Employees will be paid when they are required to travel from the normal workplace to perform duties for the Company. An employee, while on travel status, will be paid for all actual work time when such work has been assigned and approved in advance.

Section 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.

Section 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 13 FILLING OF VACANCIES

Section 1. When new jobs are required that cannot be properly encompassed within an existing job classification, the Company shall notify the Union, in writing, of the requirements. The Union shall have thirty (30) days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay 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 Site 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 Shop 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 five (5) calendar days prior to filling such vacancies. The postings shall contain the position(s) open, along with necessary requirements.

The Company shall promote employees to any open position(s) from within the bargaining unit by seniority if employees have the skills, abilities, and certifications necessary to do the work. If no employee within the bargaining unit possesses the skills, abilities, and certifications necessary to fulfill the requirements of 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.

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 their 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 14 HOURS OF WORK

Section 1. An employee's regular assigned workweek shall begin at 12:00 AM Sunday and end at 11:59 PM the following Saturday and 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) eight and one-half (8½) hour days, which includes a one-half (1/2) hour unpaid meal period. The unpaid meal period will be taken as work permits.

• 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.

• "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 base rate.

Section 4. An employee who is called and reports back for work after they have completed their regularly assigned shift and departed from the premises shall receive a minimum of four (4) hours pay at the base 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 base 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 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 15 OVERTIME

Section 1. Overtime will be paid at the rate of one and one-half times the base 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.

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 16 SPECIFIC PERFORMANCE

Section 1. Either party hereto shall be entitled to require specific performance of the provisions of this Agreement.

Section 2. There shall be no individual arrangements or agreements made covering any part or all of this

Agreement contrary to the terms herein provided, and it is distinctly understood and agreed that all previous agreements, whether oral or written, by and between the Company and the Union are superseded by this Agreement, and subject to any amendment that is agreed upon by both parties.

ARTICLE 17 MISCELLANEOUS PROVISIONS

Section 1. Safety: 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 One Hundred Seventy-five Dollars ($175.00) no more frequently than every two 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. Bargaining Unit Work: Non-bargaining unit employees in job classifications not covered by this Agreement shall not perform work 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, and any other case in which bargaining unit employees do not have the necessary skills or abilities to perform the work. 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 that requires an urgent response. 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 3. 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 their position. Upon prior approval by the Program Manager, the Company will reimburse employees for the cost of attending training and certification programs if: a) the certification is a requirement of the job, and b) the employee successfully completes the program. Notwithstanding the foregoing, this Section does not apply, and the Company shall have no obligation, to reimburse for travel, accommodations or meals, or reimburse any employee for an initial paramedic certification (e.g., if the Company’s paramedic resigns, the Company shall have no obligation to reimburse a bargaining unit employee for a paramedic certification).

Section 4. 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. The Union reserves the right to engage in effects bargaining.

ARTICLE 18 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 such governmental agency may be cause for release from the Company, at the Company’s discretion, due to inability to meet job requirements. However, the Company will give consideration to assigning an employee to an area for which 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 their seniority until final adjudication of their appeal or eighteen (18) months (See Article 8, Section 4), whichever comes first. Any employee whose seniority is reinstated under this provision will be reinstated in their previously held occupational title.

ARTICLE 19 LEAVE OF ABSENCE

Section 1. Subject to approval, for all categories of unpaid leaves of absence, other than furlough, an employee must submit a written request to the Program Manager no less than two weeks, or as soon as possible. The request will stipulate the reason for the unpaid leave, and a specific period of time when the leave will commence and end. Employees will be required to exhaust all accrued vacation time before being placed on an unpaid leave status. All requests for unpaid leaves of absence will be reviewed by Human Resources. Unpaid leaves of absence requests must be approved by the Program Manager and Human Resources prior to the commencement of the leave.

All accrued sick 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.

Section 2. 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 8 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 (30th) day on furlough, the employee shall be laid off in accordance with Article 8.

Section 3. 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. The Union will normally give two (2) weeks notice for the leave of absence. While on such leave, employees shall not lose any benefit of seniority. No more than one (1) Bargaining Unit employee shall be on the Union leave of absence at one time. 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 20 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 and all places of work. 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 21 WAGES

Section 1. The wage rates listed below will be effective for the term of this Agreement and apply to all bargaining unit employees at the Company's JBLM Site. An employee's base hourly rate is set forth in the table below in this Section 1. This base hourly rate will be increased annually and will be effective the first full pay period following the dates indicated below:

Current 8/1/2022 8/1/2023 8/1/2024 Instructor / Operator $32.04 $34.28 $35.31 $36.37 Instructor / Operator - Paramedic $32.63 $34.91 $35.96 $37.04 Instructor / Operator - Lead $33.82 $36.19 $37.28 $38.40

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.

Section 3. 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.

ARTICLE 22 HOLIDAYS

Section 1. Each year, the following are to be paid holidays for full-time employees:

• 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

• Christmas Day

*Employees will be permitted to flex (float) the Columbus and Veteran’s Day holidays. The rescheduling of these holidays will be done on a case-by-case basis to accommodate both employee and operational support needs.

The Company reserves the sole discretion in approving any flexed holiday. All flexed holidays must be taken in the calendar year in which the holiday occurs.

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. Part-time employees shall receive holiday pay proportionate to the number of hours worked.

Section 5. 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. Only the Program Manager has the authority to approve overtime.

ARTICLE 23 VACATION

Section 1. Annual Accrual Rates — Earned, paid vacation hours shall be credited to the full-time 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 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 their 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 21, Section 1.

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

Section 4. Part-time employees shall receive vacation pay proportionate to the number of hours worked.

ARTICLE 24 EMPLOYEE BENEFITS

Section 1. Full-time employees will be offered the following current package of benefits (in which the cost is shared by the employee and the Company in some cases). In those cases where the Company pays any portion of the benefits listed below by bullet point, the Company-paid portion is deducted from the health and welfare allowance listed below, with any residual amount paid to the employee on a one pay period lag basis:

• 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…