Att_27_Fort Dix CBA 2022 2025.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SERVICES, INC.

AND

INTERNATIONAL BROTHERHOOD OF TEAMSTERS,

LOCAL 35

U.S. Army MSTC Program

Joint Base McGuire-Dix-Lakehurst, NJ

July 1, 2022 - June 30, 2025 ii

TABLE OF CONTENT

ARTICLE PAGE

AGREEMENT

PREAMBLE

ARTICLE 1 - RECOGNITION

ARTICLE 2 - NON-DISCRIMINATION

ARTICLE 3 - MANAGEMENT RIGHTS

ARTICLE 4 - UNION ACCESS TO OPERATIONS

ARTICLE 5 - ASSIGNMENT OF SHOP STEWARDS

ARTICLE 6 - UNION SECURITY

ARTICLE 7 - NO STRIKE/NO LOCKOUT

ARTICLE 8 – SENIORITY

ARTICLE 9 – DISCIPLINE

ARTICLE 10 - GRIEVANCE PROCEDURE

ARTICLE 11 - ARBITRATION PROCEDURE

ARTICLE 12 - BUSINESS TRAVEL

ARTICLE 13 - FILLING OF VACANCIES

ARTICLE 14 - HOURS OF WORK

ARTICLE 15 – OVERTIME

ARTICLE 16 - SPECIFIC PERFORMANCE

ARTICLE 17 - MISCELLANEOUS PROVISIONS

ARTICLE 18 – SECURITY

ARTICLE 19 - LEAVES OF ABSENCE

ARTICLE 20 - SUBSTANCE ABUSE POLICY

ARTICLE 21 – WAGES

ARTICLE 22 - CLOTHING AND EQUIPMENT

ARTICLE 23 – HOLIDAYS

ARTICLE 24 - PTO

ARTICLE 25 – JURY DUTY

ARTICLE 26 – DEATH IN FAMILY

ARTICLE 27 - GROUP BENEFITS & INSURANCE

ARTICLE 28 – 401K AND PENSION

NEW ARTICLE – TEMPORARY EMPLOYEES

ARTICLE 29 - SUCCESSORS AND ASSIGNS

ARTICLE 30 - SEPARABILITY AND SAVINGS CLAUSE

ARTICLE 31 - MAINTENANCE OF STANDARDS

ARTICLE 32 – COMPLETE AGREEMENT

ARTICLE 33 – DURATION

ATTACHMENT “A” – SENIORITY DATES

AGREEMENT

This Agreement effective July 1, 2022, is made by and between Amentum Services, Inc., (hereinafter referred to as the “Employer”) and the International Brotherhood of Teamsters Local 35, at 620 U.S. Route 130, Trenton, New Jersey, 08691 (hereinafter referred to as the “Union”) for work performed on the Medical Simulation Training Center (MSTC), at Joint Base McGuire-Dix-Lakehurst.

PREAMBLE

The purpose of this Agreement is to provide, through collective bargaining, harmonious relationships between Amentum and its employees; to secure an amicable and fair disposition of grievances; and to prevent interruption of work, stoppage of employees' payrolls and permit efficient operation of the Employer. In furtherance of the above stated purposes, it is hereby agreed:

ARTICLE 1 - RECOGNITION

Section 1. The Employer recognizes the Union, its designated agents and representatives, its successors and/or assigns, as the sole and exclusive collective bargaining agent on behalf of all of the employees of the Employer within the bargaining unit as hereinafter defined with respect to wages, hours and all other terms or conditions of employment.

Section 2. Definition of the Unit: the bargaining unit is comprised of Technical Instructors working in support of the U.S. Army MSTC training program at Ft. Dix, NJ.

Section 3. If unit members travel outside of the State of New Jersey the terms and conditions of this Agreement shall remain in full effect.

ARTICLE 2 - NON-DISCRIMINATION

Section 1. The Employer and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity, OSHA, and nondiscrimination. The Agreement shall be applied fairly and equitably among all bargaining unit employees and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, sexual orientation, age, national origin, veteran, or disabled status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both male and female employees.

ARTICLE 3 - MANAGEMENT RIGHTS

Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business;

to select and direct the working force, to establish, eliminate, change or combine work schedules and work assignments and collateral duties, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; to establish the methods, processes and means of providing services; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business. It is understood and agreed that any of the powers and authority, which the Company had prior to the signing of this Agreement, are retained by the Company.

Such rights of management include, but are not limited to: hire, promote, layoff, assign, transfer, suspend, and to discharge, investigate, and discipline employees in accordance with this agreement; to increase or decrease that number; direct and schedule the work force including establishing and changing work days, work hours, and work weeks; establish, increase or decrease the number of work shifts and their starting and ending times; train employees and determine who will be trained; establish, change, combine or abolish job classifications and determine qualifications; determine performance levels and standards of performance of the employees, and provide performance reviews and approvals as needed.

ARTICLE 4 - UNION ACCESS TO OPERATIONS

Section I. The Employer agrees that the Business Manager or Business Representative (hereinafter referred to as Union Representative) will be allowed to visit employees while they are on the job in the Employer’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.

Such representatives shall inform the site supervisor or his designee (Team Lead), of the nature of their visit prior to admission to Company premises and of their departure when the visit is completed. Approval for such admission to Customer/Company premises will be granted unless operational activities require delay in time or date, or the customer denies access. Visits will be conducted so as not to interfere with the employees' work.

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

It is understood that Representatives may need to comply with required Customer security regulations for site access and customer requirements for protecting proprietary interests.

ARTICLE 5 - ASSIGNMENT OF SHOP STEWARDS

Section 1. It is hereby understood and agreed that the Union may assign one (1) Chief Shop Steward to represent Bargaining Unit employees and one (1) alternate Shop Steward. The Union shall notify the Employer the individuals so selected in this capacity.

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

ARTICLE 6 - UNION SECURITY

Section 1. Agency Shop: As a condition of employment, all present bargaining unit employees shall become members of the Union or pay an agency fee to the Union equal to the amount of monthly dues (but not both) within thirty (30) days of execution of this Agreement, and all new employees shall become and remain members of the Union or pay an agency fee not later than thirty (30) calendar days of their date of hire or transfer.

Section 2. Upon written notice from the Union of failure on the part of any individual to complete application in the Union as above required, or failure to continue payment of dues to the Union, the Employer shall, within three (3) workdays of such notice, discharge said employee.

Section 3. Check-off: Upon receipt of a signed authorization of the employee involved, the Employer shall deduct from the employee's pay, the initiation fee, if any, and dues payable by him to the Union during the period provided for in said authorization, Deductions shall be made on account of dues and/or initiation fees, if appropriate, from the first payroll of each month.

Section 4. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the fifteenth (15th) day of the month following the month in which deductions are made. The

Employer shall submit a remittance containing employees name in alphabetical order and amount of deduction, along with a check for the total amount being deducted. In the event of unforeseen circumstances, the Employer may be granted an extension upon request being submitted.

Section 5. The Union will indemnify and hold the Employer harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Employer which are based on or arise out of an action taken by the Employer in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 7 - NO STRIKE/NO LOCKOUT

The Except as expressly provided to the contrary herein, the Local Union agrees that during the term of this Agreement, neither it nor its agents nor members will order, cause, authorize, sanction, tolerate or engage in any total or partial strike, sit down, curtailment of work, restriction of production or work stoppage, and will immediately issue instructions to all employees to return to full work pending disposition of any dispute through the grievance and arbitration procedure. Any employee who violates this provision shall be subject to discipline, including discharge. It is expressly understood that should any such unauthorized strikes, showdowns, or stoppages occur, no suit or claim of any kind for damages shall be instituted or initiated by the Employer against this Union, its representatives, or members.

The Employer agrees that during the term of this Agreement there shall be no lock out.

ARTICLE 8 – SENIORITY

Section 1. Probationary Period: Any employee who has been in the employ of the Employer 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 Employer 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 in the performance of the U.S. Army MSTC training program at Fort Dix, NJ. The Employer agrees to the seniority dates of the existing employees in the bargaining unit as shown in Addendum 1. Employees hired on or after the date of 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 layoff, recall and promotion (i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on the same day).

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

(a) He quits or resigns.

(b) He is discharged for just cause.

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

(d) Leave of absence, layoff, or absence due to illness or injury in excess of twelve (12) months.

(e) He is barred by the customer's written order.

(f) His security clearance has been revoked and is not reinstated with eighteen (18) months.

(g) He refuses recall.

(h) He is absent from work for three (3) consecutive scheduled days without notification to the Employer except in cases where the employee is physically unable to give such notice.

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

Section 6. Layoff: When it becomes necessary to reduce the number of employees the Employer shall lay off employees in accordance with their seniority within the affected job classification. The Employer shall notify the Union and affected employee/s as soon as the facts are known to the Employer of the upcoming layoffs, but not less than two (2) weeks' notice.

Section 7. Recall: Employees shall be recalled in reverse order of layoff. The Employer shall send recall notices by certified mail to the employee’s last known official address. The notice will instruct laid off employees when to report to work. Employees shall report to work within ten (10) working days after receipt of notice to report to work or on the specified day, whichever is greater in time. If the employee does not report to work within ten (10) working days or the specified date, the employee will be deemed to have abandoned their job and will be removed from the seniority List. The Employer agrees that an employee may request a later return to work date for extenuating circumstances acceptable to the Employer.

Section 8. An employee who has established seniority rights within the bargaining unit and who is transferred to a non-bargaining unit position shall retain seniority rights for a period of one hundred and eighty

(180) days.

Section 9. An employee who is transferred into the bargaining unit from another Program or Company site shall establish a new seniority date, which is the date the transfer is effective. Employees transferring in from another Employer site shall retain their original benefit date.

ARTICLE 9 – DISCIPLINE

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

Section 2. There shall be a twelve (12) month reckoning period for oral or written discipline after which the offense will not be used to progress to the next step of discipline in the event of similar or future offense.

There shall be a twenty-four (24) month reckoning period for suspensions.

Section 3. For minor infractions of Company rules such as, but not limited to, absenteeism, tardiness and poor work performance, a four-step procedure will be followed of oral reprimand, written reprimand, suspension and finally discharge. However, at the final step of the procedure the Employer may elect to enforce another suspension rather than discharge, without prejudice to any other incident. For other infractions, the Company at all times retains the right to apply appropriate discipline commensurate with the offense.

It should be noted that although this system is intended to be progressive and corrective, the company may determine that certain infractions or conduct or a demonstrated history of various infractions or conduct may justify skipping or accelerating certain steps or levels of discipline.

Section 4. Employee(s) shall have the right to Union representation during any interview that may be disciplinary in nature or lead to any discipline. The Steward shall be notified, and the Union shall be given the opportunity to attend such interviews if requested by the employee.

ARTICLE 10 - GRIEVANCE PROCEDURE

Section 1. "Grievances" shall mean, and be limited to, disputes of differences between the Company and the

Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving management, supervision, the Shop Steward, and the grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

Step 1: The employee(s), with or without their Shop Steward, shall promptly bring a grievance to their supervisor within ten (10) working days following the event or discovery of the event giving rise to the grievance. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's shop steward may bring the grievance to the supervisor. The supervisor shall have five (5) working days from the grievance meeting to give an oral reply. In the event an employee has a bona fide pay discrepancy, the Step 1 timelines shall be waived for the employee. If the grievance is not satisfactorily settled after the Step 1 reply then:

Step 2: Within ten (10) working days following the reply to Step 1, a written grievance containing the Article or Section which is claimed to be violated and the remedy requested must be signed by the employee and submitted by the Shop Steward and taken up with the supervisor. A formal grievance meeting shall be scheduled within five (5) subsequent working days (This may take place remotely). The Employer shall give its written reply within ten (10) working days of the meeting. If the grievance is not satisfactory settled after the Step 2 reply then:

Step 3: Within fifteen (15) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the Program Manager or designee. The Program Manager and the Business Representative of the Union shall meet, either in person or via electronic means, within ten (10) working days after receipt of the grievance. A written reply from the Program Manager will be given to the Union within ten (10) working days after the meeting. If the grievance is not satisfactorily settled within thirty (30) working days from the Step 3 reply, either party may submit the grievance or dispute to arbitration as provided in Article 11, Arbitration Procedure.

Section 2. A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances nor a precedent which shall bind the parties as an interpretation of the Agreement. All settlements must be in writing and consistent with the terms and conditions of the Agreement.

Section 3. The aggrieved employee and Union Business Representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up or handle a complaint or grievance without requesting permission from the immediate supervisor.

Such permission will be granted provided it does not adversely interfere with business operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted.

Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions outlined above.

Section 4. The Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance.

Section 5. It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto.

Section 6. Nothing in this Article precludes the Union from filing a general grievance on behalf of an employee or employees in the event of unusual or unforeseen circumstances.

ARTICLE 11 - ARBITRATION PROCEDURE

Section 1. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within a thirty (30) working day period following the Step 3 decision of Article 10, Grievance Procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

Section 2. In the event the Union or the Employer submits a grievance to arbitration, a panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation Service. The parties will alternate who has the first strike of a name from the list. This procedure shall continue alternately until one (1) name remains.

Section 3. The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this Agreement. The expense and fees of the arbitrator will be borne equally by both parties.

Section 4. Both the Employer and the Union, independently, will be responsible for any additional costs, such as wages or travel costs, of their respective witnesses.

ARTICLE 12 - BUSINESS TRAVEL

Section 1. Employees will be paid in accordance with (a) and (b) below when they are required to travel more than fifty (50) miles from the normal workplace to perform duties for the Employer.

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

1) All actual work time when such work has been assigned and approved in advance.

2) Actual normal travel time by any conveyance from the normal reporting location to the newly assigned work location without approved deviation.

b) On the initial and final days of travel to and from a temporary worksite the travel time shall commence when the employee departs home/hotel and cease when the employee reaches hotel/home. Should travel be necessary outside an employee's normal daily work shift, the employee shall be paid in accordance with overtime rules as though they were at their normal duty location.

c) When traveling out of state for business, employees will be provided a rental car as needed.

Section 2. 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 Employer shall notify the Union, in writing, of the requirements. The Union shall have thirty

(30) days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay. If necessary, this matter is subject to the grievance procedure up to and including arbitration. Group Benefits for new jobs will be as described in Article 27.

Section 2. The Employer has the right to determine the new job qualifications. Copies of job descriptions and required qualifications shall be retained by the Site Manager and shall be made available to employees and the Union upon request. The Union shall be notified, in writing, of any needed revisions or modifications of job descriptions or qualifications.

Section 3. The Employer shall transfer employees to any open position(s) from within the bargaining unit if employees have the skill and ability necessary to do the work. If two (2) or more employees are eligible and express an interest, selection will be made on the basis of qualifications and seniority. If no employee within the bargaining unit possesses the skills and abilities to fulfill the open position, the Employer may use other means of filling such vacancies and shall notify the Union of such intent.

The Employer will notify bargaining unit employees, and the Steward, of any openings to be filled by posting such openings on Employer bulletin boards at least seven (7) calendar days prior to hiring such vacancies outside the unit. The postings shall contain the position(s) open and the method that employees may apply for such openings.

Section 4. Upgraded employees will be considered on review in the new position for ninety (90) days after upgrading. During this period, the Employer may, at its discretion, reclassify the employees to their former occupations if it is determined by the Site Manager, or his designee, that the employee is not meeting the qualifications for that job classification.

Section 5. The Employer 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 for all hours worked, provided that the classification work upgrade lasts for a period of at least four (4) hours and the employee has been approved to do so by the Employer. The employee who is temporarily upgraded to a higher paid classification for four (4) hours or more shall receive the pay rate for the classification of work that they are performing for all hours worked, provided that the employee has been approved to do so by the Employer. Promotion and seniority rules apply to all promotions to a higher paid classification. Temporary upgrades shall not be used to circumvent promotion to any regularly permanent position and shall not be used in excess of thirty (30) days. The time limits herein prescribed may be extended by the parties if the upgrade is due to another employee's extended absence.

ARTICLE 14 - HOURS OF WORK

Section 1. No provision of this Agreement shall be considered as a guarantee of any specified number of hours of work, either per day or per week. An employee's regular assigned workweek shall consist of:

a) Forty (40) hours consisting of five (5) consecutive nine (9) hour days, which includes a one (1) hour unpaid meal period, Saturday to Friday with the normal work week being Monday through Friday. The unpaid meal period will be taken as work permits. If the meal period is interrupted by maintenance requirements, employees shall receive pay for work performed.

b) Other schedules as agreed to by both parties.

c) Other schedules as dictated by customer requirements. In the event of customer requirements, the Employer shall notify the Union as soon as the facts of such need are known.

Section 2. If no regular work is available, the Employer will give the employees the option to do any available work for which they are qualified or take time off. The employees affected shall have the option to perform the available work, use vacation or take time off without pay.

Section 3. An employee who is scheduled and reports for work at the scheduled time without having been notified not to so report shall be given four (4) hours' work of any type which is available; if no such work is available, he shall be given four (4) hours' pay at the applicable rate.

Section 4. An employee who is called and reports back for work after he has completed his regularly assigned shift and departed from the premises shall receive a minimum of four (4) hours' pay at the applicable rate.

Section 5. When an employee is not scheduled and is called and reports for work outside their scheduled workweek, they shall receive a minimum of four (4) hours' pay at the applicable rate.

Section 6. If access to the work site is restricted to "essential personnel" due to severe weather, natural disaster or base closure for any reason, employees will be compensated for their regular scheduled work time when approved by the customer. If not approved, employees may take PTO or authorized LWOP.

ARTICLE 15 – OVERTIME

Section 1. Overtime will be paid at the rate of one and one-half times the regular rate of pay for all authorized hours worked in excess of forty (40) hours per week.

Section 2. All overtime hours will be approved in advance.

Section 3. There shall be no duplication or pyramiding of overtime pay.

Section 4. Available overtime shall be rotated and equalized among qualified volunteers in order of their seniority. If no volunteers are available to work the necessary overtime, assignment shall be made by reverse seniority order.

Section 5. Except in extenuating circumstances, overtime requirements shall normally be posted not less than two (2) hours prior to an overtime requirement or as the Employer is made aware of the requirement.

ARTICLE 16 - SPECIFIC PERFORMANCE

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

Section 2. There shall be no individual arrangements or agreement made covering any part or all of this Agreement contrary to the terms herein provided, and it is distinctly understood and agreed that all previous agreements, whether oral or written, by and between the Employer and the Employees are superseded by this Agreement, and subject to any amendment that is agreed upon by both parties.

ARTICLE 17 - MISCELLANEOUS PROVISIONS

Section 1. Change of Address: Employees are responsible for notifying the Employer of their proper mailing address and current telephone number. Laid off employees are responsible for notifying the Employer of their proper mailing address and current telephone number to maintain recall rights. The Employer shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

Section 2. Bulletin Board: The Employer agrees to provide one (1), or a share in one 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.

Section 3. Bargaining Unit Work: Non-bargaining unit employees in job classifications not covered by this Agreement shall not normally perform work typically performed by employees in the bargaining unit, except in cases of emergency, research work, audit, experimental or work of a special mechanical nature (e.g., installation of modifications, when necessary), training of Amentum employees from other locations, to instruct employees properly or to maintain proficiency. If bargaining unit employees are qualified to perform the above stated tasks, then bargaining unit employees shall be used to the greatest extent possible. The term "emergency" is defined to mean an unforeseen combination of circumstances. This Article shall not be construed to prevent employee positions outside the bargaining unit from performing work normally accomplished within those regular duties as historically performed. The Company agrees that none of the above circumstances as listed will cause a bargaining unit employee to be laid off, displaced, or excluded from overtime if they are willing to work.

Section 4. Rest Periods: Employees shall be allowed reasonable rest periods as workloads permit and in accordance with current practice. All employees shall be granted a fifteen (15) minute paid rest period during the first half of their shift and a fifteen (15) minute paid rest period during the second half of their shift without loss of time for the purpose of relaxation, smoking, etc. An employee who is required to work two (2) hours or more of overtime in a day will be allowed a fifteen (15) minute break before the start of overtime as long as it does not interfere with operations.

Section 5. The Employees will comply with the Company's training and certification program, but the Company will confer with the Union prior to implementation of any new requirements, this excludes standard annual training classes such as Sexual Harassment, Business Code of Conduct, Safety, and Security courses, etc.

ARTICLE 18 – SECURITY

Section 1. It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense or other agencies of the United States Government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency may be cause for release from the Employer, at the Employer's discretion, due to inability to meet job requirements. However, the Employer will give consideration to assigning an employee to an area for which he is qualified, and a security clearance is not required.

Section 2. It is understood that there shall be no liability on the part of the Employer for any release arising from the denial of clearance and/or unescorted entry authorization by the United States Government.

Section 3. The Employer shall reinstate the seniority of an employee who was denied security clearance if reinstated by the Federal Government. An employee not on initial probation who loses their security clearance onsite access for any reason will not lose his seniority until final adjudication of his appeal or eighteen (18) months, whichever comes first. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title, if available.

ARTICLE 19 - LEAVES OF ABSENCE

Leaves of Absence Without Pay.

Section 1. Limited unpaid personal leaves of absence may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be not more than thirty (30) calendar days. Requests for unpaid personal leave of absence must be made in writing and must receive approval by the Company. Accrued PTO must be used before any leave will be approved. A maximum of two (2) extensions may be approved by the Company.

Section 2. Seniority shall continue to accumulate during the approved leave of absence. When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension of such leave prior to expiration if additional time is required. All such extensions must have prior Company approval.

Section 3. Leave of absence for legitimate personal health reasons supported by sufficient medical verification will be granted to an employee for a period not to exceed ninety (90) days and will be extended when supported by sufficient medical verification supplied by the employee from a licensed physician. Leaves of absence for personal health reasons will not exceed twelve (12) months. An employee will be administratively terminated after twelve (12) months MLOA.

Section 4. An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written release of a licensed physician provided the employee is able to perform his/her assigned duties safely. Should the Company question the employee's capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work.

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

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

ARTICLE 20 - SUBSTANCE ABUSE POLICY

Section 1. The Employer 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 Employer, Union and employees.

Section 2. The Parties agree to the application of the Company’s Drug Free Workplace policy, attached herein and which shall remain unchanged for the duration of this agreement.

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 Employer's Fort Dix, NJ facility. An employee's regular rate of pay shall be defined as his straight-time hourly rate. This straight-time hourly rate will be increased annually as designated below. These and all other economic increases will be effective with the first payroll period on or after the dates indicated in this Agreement.

Job Classification Current 8/1/2022 8/1/2023 8/1/2024

Technical Instructor / Operator 28.49$ 30.77$ 32.31$ 33.60$ Technical Instructor / Operator Paramedic 29.49$ 31.85$ 33.44$ 34.78$ Technical Instructor / Operator, Lead 29.99$ 32.39$ 34.01$ 35.37$

Section 2. A lead is defined as an employee who is required to assist in scheduling work, responsible for instructing and aiding a group of employees. Assists in maintaining a smooth flow of work and maintains maintenance records. Management shall determine the lead or leads, and the designation of lead status or the removal of such is at its discretion. If the lead is also the Paramedic, he/she will receive $1.00 per hour in addition to his/her lead pay.

Section 3. Employees who perform weekend work between 12:00 AM Saturday thru 11:59 PM Sunday as part of their regular work week shall receive an additional premium pay of one dollar ($1.00) per hour for all hours worked. This premium will not be in addition to an overtime premium if overtime is applicable.

ARTICLE 22 - CLOTHING AND EQUIPMENT

Section 1. Employees shall not be required to work outside or perform outside maintenance when the US Army declares restrictions due to an extreme weather warning.

The Company shall provide OSHA required safety gear as required for use in performing work. 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.

Upon termination for any reason, all uniform items, equipment and property provided by the Employer to the employee shall be returned to the Employer.

Section 2. The Employer will provide one (1) pair of Safety Boots, not to exceed $100.00 in a calendar year.

Employees will be responsible for the purchase of their uniform shirts/pants.

ARTICLE 23 – HOLIDAYS

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

New Year's Day Labor Day Martin Luther King, Jr. Day Columbus Day Presidents' Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth – Effective August 1, 2022, this holiday will be added to the schedule.

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

Section 3. If an employee is on an approved vacation in a week in which a holiday falls, time will be charged to holiday rather than vacation.

Section 4. Based on Government training requirements, holidays may be otherwise arranged by mutual agreement.

Section 5. In addition to the holidays listed above, the Company will observe any holidays declared as a legal federal holiday by Congress or the President. Employees may use PTO or authorized LWOP for said holidays.

Section 6. Employees will have the ability to "float" the Juneteenth Day, Columbus Day, Veteran Day and Martin Luther King, Jr. Day holidays.

ARTICLE 24 - PTO

Section 1. Employees will continue to earn Vacation under the current practice. For vacation purposes, all employees will be entitled to paid vacation which will be based upon years of service at Ft. Dix, or predecessor contractors, or with the Company, whichever is earlier and each anniversary date thereafter shall be the reference point for vacation/PTO. Employees will be credited with vacation annually as follows:

Years of Service Annual

PTO Biweekly Annual

Carryover

0 year but less than 5 years 140 5.38 140 5 years but less than 10 years 184 7.08 184 10 years + 223 8.58 223

Section 2. PTO pay shall be computed at the employee's straight time hourly rate. Accruals will begin biweekly from the first week of employment. When an employee moves to the new accrual rate, it is understood the new rate will begin on the first day of next full pay period. Employees must complete their probationary period to be eligible to utilize PTO.

Employees, who are terminated from employment, are laid off, or who voluntarily terminate employment are eligible to receive pay for all earned, unused PTO available for use in their account.

Employees will be allowed to carryover one year’s leave accrual as noted in the table above, following the last pay period of the year. Any PTO leave amounts in excess of the carryover at the year-end will be paid out to the employee within two pay periods following year-end. All PTO will be paid at the employee’s base rate of pay.

Section 3. PTO should be requested as far in advance as possible but in no case less than seventy-two hours immediately prior to the day being requested. The Company will make every effort to approve PTO requests unless prohibited by legitimate business reasons. When conflicts in requested PTO periods arise, the employees having the greater seniority shall be given the preference. However, an employee who has previously requested and had scheduled PTO approved will not be displaced by a more senior employee.

a) PTO may only be scheduled on the employee's regularly scheduled workdays and may be scheduled not to exceed their scheduled work hours. PTO cannot be used to cover absence from scheduled overtime.

PTO may be scheduled in one-tenth (1/10th) hour increments.

b) Employee's request for PTO leave must be approved by the employee's Supervisor before such leave is taken. Employees failing to secure such approval, who subsequently fail to report to work as scheduled, without a reasonable excuse, may be subject to appropriate disciplinary action for unexcused absence.

c) The maximum allowable length of PTO will be the amount of the employee's unused PTO at the end of the payroll period immediately preceding the PTO period requested. If the employee has insufficient leave to cover preapproved PTO at the time of use, leave may be denied or the employee could be subject to disciplinary action.

Section 4. It is understood and agreed that employees transferring to the Contract after the date of ratification of the Agreement, shall retain their original date of hire with the Company for the purpose of PTO.

Section 5. Paid days of PTO shall not be considered as time worked for the purpose of computing overtime pay.

Section 6. The employer shall notify the employee within one week of approval or disapproval of the PTO.

The Company reserves the right to cancel an approved PTO, if due to unforeseen events staffing falls below minimum required levels. If there’s a need to cancel PTO, consideration will be given to employees that have made paid reservations (e.g., cruise, plane tickets, vacation residences).

Section 7. Employees who are prevented from reporting for work due to their own or family member’s illness shall notify their supervisor of their inability to report for work at least thirty (30) minutes prior to shift start time, giving a reason for the absence. The Company may require a physician’s statement verifying the employee’s absence (or employee’s absence for a family member), normally after three (3) consecutive days absence or if the employee is under a physician’s care or in cases of suspected abuse or misuse.

Section 8. In the event of a Presidential Proclamation, Administrative or Executive Order which results in additional time off or base closure for part or all of the day due to inclement weather, employees will be allowed to charge their PTO or approved LWOP.

Section 9. The PTO provisions herein satisfy all terms of the Executive Order 13706.

Section 10. In the event of death of an employee, the employee’s spouse, beneficiary, or estate will be paid for all earned and unused vacation.

ARTICLE 25 – JURY DUTY

Section 1. An employee required to be absent from his employment to serve on a jury shall be paid his working rate for each day of jury service. Jury pay shall not be considered as time worked for the purpose of computing overtime. Such absences shall be supported by a statement signed by the Clerk of the Court certifying as to each day of jury duty.

Section 2. An employee who is subpoenaed to court as a witness and is not involved directly in the case shall receive all benefits and pay and operate under the same conditions as outlined in this Article. The employee must provide the Company with a copy of the subpoena.

ARTICLE 26 – DEATH IN FAMILY

Section 1. Employees shall receive three (3) paid days of bereavement leave when a death occurs in their immediate family. Bereavement leave shall be paid at the employee’s straight time hourly working rate plus any shift differentials, when a death occurs in their immediate family. Bereavement leave pay shall not be considered as time worked for the purpose of computing overtime. Immediate family is defined as parent, grandparent, spouse, child, brother, sister, mother-in-law, father-in-law, stepparent, stepchildren, stepbrother, stepsister, brother-in-law, sister-in-law, domestic partner, and any family member under your care living in your household.

In addition, an employee will be granted bereavement leave for a stillborn child if the employee provides appropriate documentation.

Section 2. The Company may require reasonable proof of death under this Article. If the funeral is more than three hundred, fifty (350) miles from the employee’s address of record with the Company, the employee shall be granted two (2) additional days off with pay to attend the funeral.

ARTICLE 27 - GROUP BENEFITS & INSURANCE

Section 1. Group Medical & Dental Insurance: The Company will, during the life of the bargaining agreement, maintain health and dental care insurance for bargaining unit personnel. The offered group insurance plans may be modified from year-to-year for cost containment, improved coverage, ACA compliance and other legally required or carrier-imposed changes. It is agreed that the Company may change vendors of health care, dental care, vision, or Life/AD&D insurance during the life of this Agreement. Any such benefit change will provide comparable coverage/design as the incumbent plan (ACA Compliant). Should there be a change in the benefit plans; the Company will inform all employees of the change.

Section 2. The employer will contribute the current amounts below to the Health and Welfare Fund AB@ designated by the Local Union for each employee who has worked or reported for work on one (1) day of such calendar month, except probationary employees. Plan Premiums are listed below:

Caps for Plan AB@ Effective Current 1/1/2023 1/1/2024 1/1/2025

Single 1,389.66$ 1,438.30$ 1,488.64$ 1,540.74$ Parent/Child 1,776.34$ 1,838.51$ 1,902.86$ 1,969.46$ Employee/Spouse 2,067.14$ 2,139.49$ 2,214.37$ 2,291.88$ Family 2,516.91$ 2,605.00$ 2,696.18$ 2,790.54$

EXAMPLE: An employee laid off in January shall be entitled to Health & Welfare for the month of February.

Section 3. All remittances shall be in the manner described by the Administrator of said Fund, and failure of the Employer to make such payments shall be considered a violation of this Agreement and shall permit the Local Union to take any action, after the Local Union shall have given the Employer seventy-two (72) hours written notice of such intended action and of the failure complained of, and shall have permitted the Employer said period of time within which to cure said failure.

Section 4. In the event an employee desires to purchase additional benefits available from said Fund, the Employer upon receipt of a legally proper and enforceable authorization from the employee, agrees to deduct such amount required by said Fund for such additional coverage from those employees requesting such deductions and agrees to remit such monies to the Fund in the manner described by the Administrators of the Fund from time to time.

Section 5. An employee on leave of absence for a compensable injury (on-the-job) will have his monthly Health and Welfare premiums paid by the Company during his excused absence not to exceed twelve (12) months effective with the month that the excused absence begins. An employee on leave because of a non-compensable injury will have his monthly premiums paid by the Company not to exceed three (3) months effective with the month that the excused absence begins.

Section 6. Employees can elect to purchase the Company’s optional benefits.

ARTICLE 28 – 401K AND PENSION

Section 1. At the effective date of this agreement, all employees covered under this agreement shall be eligible to participate in the company sponsored 401(K) Savings Plan. Employees will be permitted to contribute their own monies via payroll deduction up to the maximum allowable by IRS regulations. The Company will match $0.50 on the dollar up to a six percent (6%) of employee contributions. The match will be made on a biweekly basis. Effective August 1, 2022, employees will receive a defined contribution twenty-five cents ($0.25) per hour for all hours worked, up to 40 hours per week.

NEW ARTICLE – TEMPORARY EMPLOYEES

The parties recognize the need to supplement the existing staff occasionally, on an as needed basis to fill vacancies created by military leave, peak workloads, etc. This may be achieved using temporary employees, provided no full-time employee are laid off. The employer may use temporary employees for a period not to exceed one year (365 days). This assignment may be extended on a short-term basis, by mutual agreement of the parties, if a reasonable justification exists (i.e., extended employment to align with the return of a full-time employee’s military orders); after which time a decision needs to be made as to further retain their services.