Att_31_Fort McCoy CBA 2021 2024.pdf

Collective Bargaining Agreement

By and Between

Phoenix Logistic* LLC.

and

International Brotherhood of Electrical Workers

Local Union #953

Fort McCoy, WI

March 28, 2021 - March 28, 2024

Table of Contents

ARTICLE 1 - RECOGNITION..

ARTICLE 2 -

NON-DISCRIMINATION

ARTICLE 3 - MANAGEMENT RIGHTS

ARTICLE 4 - SUBSTANCE ABUSE POLICY...

ARTICLE 5 - ASSIGNMENT OF SHOP STEWARDS

ART

ICLE

6-

NO STRIKE/NO LOCKOUT CLAUSE

ARTICL

E 7 -

ARTIC

LE 8 -

SPECIFIC PERFORMANCE

PREAMBLE

ARTICLE 26 - NOTICE OF CHANGE OR TERMINATION

PREAMBLE

This agreement is to set forth, through collective bargaining, herein the entire Agreement of the parties with respect to wages, hours, and working conditions as relates to the

ARTICL

E 9 -

MISCELLANEOUS PROVISIONS

ARTICL

E IO-

FILLING OF VACANCIES........„

. .13

E 11 -

UNION ACCESS TO OPERATIONS...

E 12-

SENIORITY

ARTICL

E 13 -

DISCIPLINE

.17

E 14 - UNION MEMBERSHIP

ARTICLE 15 - GRIEVANCE & ARBITRATION PROCEDURE

ARTICLE 16 - HOURS OF WORK

ARTICLE 17-

OVERTIME

...22

ARTICLE 18 - UNPAID LEAVES OF ..23

ARTICLE 19- HOLIDAYS

.24

ARTICLE 20 VACATION..

ARTICLE 21 - WAGE RATE SCHEDULE

ARTICLE 22 - EMPLOYEE INSURANCE &

ARTICLE 23 - TRAVEL

ARTICLE 24

SEPARATBILITY AND SAVINGS CLAUSE

...31

ARTICLE 25 - SUCCESSORS AND ASSIGNS

government contract and to provide for an amicable and fair disposition of grievances to maintain harmonious relationships between Phoenix Logistics, Inc. and its employees. It is recognized by the Agreement to be the duty of the Company, the Union and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a grievance procedure for the settlement of the employee's grievances; and to provide that there shall be no interruptions and/or impeding of operations during the term of this Agreement.

This Agreement is made and entered into on March 16, 2018 by and between Phoenix Logistics, Inc.

(herein referred to the "Company") and the International Brotherhood of Electrical Workers, Local Union #953, AFL-CIO (herein referred to as the "Union").

ARTICLE 1

RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined: employees of Phoenix Logistics, Inc.

performing work as Instructor/Operator under contract number W900KK-18-D-0029 on the U.S. Army Medical Simulation Training Center at Ft. M -'Coy, WI as defined by the NLRB in case #18-RC-206766 but excluding all office clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act.

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

ARTICLE 2

NON- DISCRIMINATION

Section 1. The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity, OSHA, and nondiscrimination. The Agreement shall be applied fairly and equitably among all bargaining unit employees and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, sexual orientation, union membership or lack thereof , age, national origin, veteran or disable 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. Except as modified by a specific provision of this Agreement, the management of the Company, and the direction of the workforce, including but not limited to the service(s) performed, the location of or the direction of the workforce, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, the right to hire, promote, demote and transfer employees, the establishment of reasonable rules of conduct, the discharge or discipline cf employees for just cause, and the management of efficiency of employees, are the sole and exclusive rights and responsibilities of the Company.

Section 2. The Union recognizes that the Company is a contractor to the federal government and that the Company is required at all times to fully meet its obligations as a contractor. The Union further recognizes that from time to time the government may impose legal and/or lawful demands or obligations upon the Company and that the Company and its Employees must meet such demands, obligations or comp lies with such rules or regulations as may be promulgated or imposed by the government. The Union reserves the right to request written documentation of the aforementioned assertion.

Section 3. The Company's failure to exercise any right, prerogative, or function hereby reserved to it shall not be considered a waiver of the Company's right or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 4. It is also understood that the government is fielding more mobile/transportable training devices that move around the country for periods of time. This may require the assignment and utilization of personnel from various locations on a temporary basis. Employees who are assigned to this temporary duty will continue to be covered under all aspects of their current Agreement.

ARTICLE 4

SUBSTANCE ABUSE POLICY

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

ARTICLE 5

ASSIGNMENT OF SHOP STEWARD

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

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

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

ARTICLE 6

NO STRIKE/NO LOCKOUT CLAUSE

Section 1. The Union agrees that neither it nor any of the employees in the bargaining unit covered by this Agreement will collectively or individually engage in or participate in any strike (including sympathy or secondary strikes), slowdown, stoppage of work or picketing during the term of this Agreement, and the Company agrees that during the term of this Agreement it will not lock or deny work for any of the employees covered by the Agreement.

Section 2. In the event of any violation of Section 1 of this Article, it shall be the duty and obligation of the Union, its officers, agents, or representatives (employee or non-employee) to immediately take all reasonable steps required to bring an end to such misconduct. In taking such steps, the Union will not be liable to the Company during the term of the Agreement or thereafter for any damages suffered by the Company arising from or out of any such stoppage or strike.

Section 3. If reasonable steps attempted in Section 2 do not return the striking employee(s) to work, then the employee(s) will be subject to disciplinary actions, up to and including termination.

ARTICLE 7the

SECURITY

Section 1. The Union recognizes that Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.

Section 2. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.

Section 3. It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees shall be subject to investigation and must meet eligibility requirements for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States Government on government al work. Denial or withdrawal of such clearance and/or unescorted entry authorization by such government al agency shall be cause for re lease from the Company due to inability to meet job requirement s. All security clearance and background checks will be at the expense of the Company.

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

Section 5. The Company shall reinstate the seniority of an employee who was denied security clearance if reinstated by the Federal Government, or one of its entities. An employee not on initial probation who loses their security clearance or unescorted entry authorization for any reason will not lose his seniority until final adjudication of their appeal or twelve (12) months, whichever comes first. Any employee whose seniority is reinstated under this provision will be reinstated into their previously held classification provided that they have the accrued seniority necessary to displace the newest hired employee.

ARTICLE 8

SPECIFIC PERFORMANCE

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

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

ARTICLE 9the

MISCELLANEOUS PROVISIONS

Section 1. Safety. The Company and Union recognize the importance of safety in the workplace.

Employees will be required to comply with all safety rules, and failure to do so will result in discipline up to and including discharge.

The Company agrees to request from the customer any repairs or changes to the workplace if they are not in compliance with applicable safety standards. The Union shall have the right to meet and confer with the Company regarding these matters.

Section 2. Change of Address. Employees are. responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are also responsible for notifying the Company of their proper mailing address and current telephone number to maintain recall rights. The Company shall be entitled to rely upon its records and shall be held harmless for any act ion that may arise out of said reliance.

Section 3. Bulletin Board. Subject to approval of the Customer, the Company will provide bulletin board space on a standard bulletin board, located in the Company’s facility. The bulletin board space may be used by the Union solely for the purpose of conveying official information from the Union to bargaining unit employees. All information to be posted is subject to advance approval by the Program Manager or his designee for compliance with the standards set forth in this Article. Such approval shall be granted or denied within two (2) business days which, for the purposes of this Article, will exclude weekends and holidays and shall be confirmed by written initials of the Program Manager or his designee on the face of the document posted. Denials may be elevated to the Labor Relations office.

Section 4. Safety Equipment. The Company will provide to the bargaining unit employees such personal protection equipment that the Company requires to be worn. The Company will reimburse the Employee up to one hundred ($100) dollars for the purchase of safety shoes or boots, provided that they meet the safety requirements as outlined by Company (and are required), each calendar year if they are worn to the extent that they need replaced.

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

Section 6. Bargaining Unit Work: Non-bargaining unit employees in job classifications not covered by this Agreement shall not normally perform work typically performed by employees in the bargaining unit, except in cases of emergency, research work/ audit, experimental or work of a special mechanical nature (e.g., installation of modifications, when necessary), training of Phoenix Logistics, Inc. 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.

ARTICLE 10

ARTICLE 11the

FILLING OF VACANCIES

Section 1. The Company will notify bargaining unit employees of any openings to be filled by posting such openings on Union bulletin boards at least ten (10) calendar days prior to filling such vacancies unless the open position is not considered to be promotion within the unit. The posting shall contain the position(s) open and the method the employees may apply for such openings.

Section 2. The Company shall transfer employees to any open position(s) from within the bargaining unit if, in the sole discretion of the Company, the employees have the skill and ability necessary to do the work. If two (2) or more employees are eligible, and express an interest, seniority will only be considered if qualifications and performance are equal Disciplinary actions will be considered in the promotion process of any employee. Employees are entitled to review any of their own information used in this decision making process.

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

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

If necessary, this matter is subject to the grievance procedure up to and including arbitration.

Section 5. The Company shall temporarily upgrade an employee to a higher paid classification. If the employee is assigned and works in a higher paid position for at least seven (7) calendar days, the employee shall receive the rate authorized for the classification of work that he is performing for the period in which he/she performs it.

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

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

ARTICLE 12

UNION ACCESS TO OPERATIONS

Section 1. The Company agrees that International Representative, Business Manager, or acting Business Representative (hereinafter referred to as the Union Representative) will be allowed to visit employees while they are on the job in the Company's operations for the sole purpose of investigating specific grievances or complaints related to the provisions of this Agreement or ensuring the terms of conditions of the Agreement are being complied with. Prior approval must be obtained from the Program Manager, or his designee, and such visits shall not interfere with production of work being performed. Such approval shall not be unreasonably withheld. The Union Representative shall notify the Program Manager, or his designee, when he is leaving the Company's operations.

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

ARTICLE 13the

3.4

SENIORITY

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

When two (2) or more employees are hired on the same day, the last four digits of their Social Security number shall be used for purposes of lay-off, recall and promotion (i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on that same day).

Section 2. Definitions. Seniority is defined as including the continuous service with the Company, and with predecessor contractors, in the performance of similar work at the same federal facility. Employees hired on or after the date of contract ratification will establish their seniority from date of hire at the facility.

Seniority will not be broken for:

a) Periods of approved absence with leave;

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

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

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

a) Quits or resigns;

b) Is discharged for just cause;

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

d) Is barred by the customer's written order;

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

f) Refuses recall;

g) Abandons his/her job (No call and no show for three (3) consecutive work days or more)

Section 4. Seniority List. A seniority list will be maintained by the Company and will be made available to the Union annually. The Company will also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates.

ARTICLE 14

Employees transferring from other sites within the Company retain their original seniority date for benefit and vacation purposes only.

Section 5. Personnel Actions. Seniority will not be used as a factor in personnel actions; provided, however, that seniority will be considered by the Company in making layoff, recall and promotion decisions depending on the requirement s of the Company's contract with the Government; and if all other, including but not limited to qualification, performance evaluations, skills, and ability are equal.

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

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

Section 7. Recall. Employees shall be recalled in reverse order of layoff. The Company shall send recall notices by certified mail to the employee's last known official address. The notice will instruct laid off employees when to report to work. Employees shall report: to work within fifteen (15) working days after receipt of notice to report to work or on the specified day, whichever is greater in time. If the employee does not report to work within the fifteen (15) working days or specified date, the employee will be deemed to have abandoned their job and will be removed from the seniority list. The Company agrees that an employee may request a later return to work date for extenuating circumstances acceptable to the Company.

Section 8. Transfers. An employee who is transferring into the bargaining unit from another Program or Company site shall establish a new seniority date, which is the date the transfer is effective. Employees transferring in from another Company site shall retain their original benefit date.

ARTICLE 13

DISCIPLINE

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

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

Section 3. For infractions of Company rules such as, but not limited to, absenteeism, tardiness and poor work performance, a four-step procedure will be followed of oral reprimand, written reprimand, suspension, and finally termination. However, at the final step of the procedure the Company may elect to enforce another suspension rather than discharge, without prejudice to any other incident.

Both parties recognize that certain types of conduct are deliberate, grossly negligent, or may post a significant restriction to the Company (Management Authority) or Customer operations, or a hardship to other employees such as employee morale and well-being or other similar occurrence warrants immediate suspension or termination by the Company. The Company at all times retains the right to apply appropriate discipline commensurate with the offense.

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

ARTICLE

UNION MEMBERSHIP

Section 1. Agency Shop : As a condition of employment, all present bargaining unit employees shall become members of the Union or pay an agency fee to the Union equal to the amount of monthly dues (but not both) within thirty (30) days of execution of this Agreement, and all new employees shall become and remain members of the Union or pay an agency fee not later than thirty (30) calendar days of their date of hire or transfer. This section shall not be in effect to the extent that it violates the law. Should the law be reversed, the provision of this section shall automatically apply.

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

Section 3. Check-off: Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's pay, the initiation fee, if any, and dues payable by him to the Union during the period provided for in said authorization.

Deductions shall be made on account of dues and/or initiation fees, if appropriate, from the first paycheck in each month for employees after receipt of a: authorization. Such payment shall include a report showing the employee’s name and deduction amount contained within outlined submission.

The parties agree that check-off authorizations shall be on a form as approved by the Union.

Section 4. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the tenth (10th) day of the month following the month in which deductions are made. In the event of unforeseen circumstances, the Company may be granted an extension upon request being submitted.

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

ARTICLE 15

GRIEVANCE & ARBITRATION PROCEDURE

When an employee or the Union collectively, has a grievance against the Company, it shall be processed in accordance with the following:

Section 1. Step 1. An employee believing, he has cause for a grievance may, at his option, discuss the issue directly with his Program Manager in an attempt to settle the grievance or may take it up with his representative who shall discuss the issue with the employee's Program Manager. Both parties recognize the desirability of settling problems promptly through full discussion. Every effort will be made to resolve differences at the oral stage of the procedure and any resolution at this step shall be non-precedent setting.

If the issue is not resolved orally, the grievance shall be submitted in writing to the Program Manager within five (5) working days or the grievance shall be forever time barred. The written grievance must specify the Article and Section, or Letter, of this Agreement or agreements supplemental thereto alleged to have been violated; must be signed by the aggrieved employee or employees, if available, and must specify the relief sought. The Program Manager should reply, in writing, to the grievance within ten (10) working days.

Section 2. Step 2. Within five (5) working days of the Program Manager's response, the Union Representative may appeal the grievance in writing to the contract Labor Relations Representative. The contract Labor Relations Representative or his Designated Representative shall discuss the grievance with the representative within two (2) weeks of receipt and shall respond in writing within five (5) working days following the discussion. The meetings may he held via telephone or other electronic means during Step 2 and Step 3 of this grievance process.

Section 3. Step 3. If it is desired to appeal the grievance, a copy of the grievance appeal will be presented to the designated corporate Labor Relations Representative with in ten (10) working days after the Company's Second Step disposition is received by the Union or the grievance shall be forever time barred.

The corporate Labor Relations Representative s written answer will be given to the Union Representative within fifteen (15) working days following appeal.

If the Union fails to inform the Company within ten (10) working days from the date of the Company's final decision that it desires to submit the matter to Arbitration, the grievance shall be forever time barred.

Section 4. Step 4. Arbitration. Any grievance that has not been settled pursuant to this article, of this Agreement, may be referred to arbitration. Unless the parties seeking to have the grievance referred to arbitration have delivered to the other written notice within ten (10) working days after the Step 3 response is given, such grievance shall be deemed to be forever waived. If the Union makes a timely election, the Union shall within ten (10) calendar days, ask the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators.

A coin shall be flipped to determine which party shall strike a name from the panel first, after which the parties shall alternatively cross off names until only one (1) name remains, and he/she shall be the arbitrator for that specific grievance.

The arbitrator shall make a written decision in accordance with the evidence presented him/her by the parties. 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 the Agreement.

The expense of the arbitration, including the fees and the expense of the arbitrator and the costs of the meeting room, shall be shared equally by the Company and the Union. The Company and the Union shall each pay the expenses of their own representatives and witnesses.

Section 5. The time limits and procedures provided for in this Article for the presentation and appeal of a grievance at any step are absolute. In the event of the failure of the Union to proceed at any step within the time prescribed or in the manner prescribed, the grievance shall be considered settled and not subject to further action of any kind unless the parties agree to extend the time limitations and procedures by mutual written agreement.

Section 6. Mediation. Prior to appealing the grievance to arbitration, the parties may mutually agree to non-binding mediation. FMCS rules for grievance mediation shall apply. Settlements reached during mediation are final and binding on the parties, if both agree in writing, as with any grievance settlement.

ARTICLE 16

HOURS OF WORK

Section 1. The normal workweek begins at 12:00 am on Sunday and ends at 11:59 pm the following Saturday although nothing in this Agreement shall be construed as a guarantee of hours.

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

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

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

d) Any other schedule as agreed to by both parties

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

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

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

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

Section 6. Employees will be allowed two (2) fifteen (15) minute rest periods in each complete workday.

Said rest periods are to be taken as work permits.

Section 7. An employee who is called and reports back to work after he completed his regularly assigned shift and departed from the premises shall receive a minimum of four (4) hours pay at the applicable rate.

ARTICLE 17

OVERTIME

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

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

Section 3. Overtime will be offered to the workgroup scheduled to support the requirement on a volunteer basis first. If enough employees do not volunteer, the Company will require employees to work based on seniority, 'east senior first provided that they have the skills and ability to perform the necessary duties.

ARTICLE 18

2.2

UNPAID LEAVES OF ABSENCE

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

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

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

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

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

Section 3. Failure to Return from a Leave of Absences Failure l:o return from a leave of absence on the first scheduled work day following the expiration dete of said leave, will result in termination of the employee, except in extenuating circumstances involving reasons acceptable to the Company in its sole discretion.

Section 4. Union Business: Bargaining unit employees that are required to travel for official Union business or attend official Union functions shall be granted a leave of absence for performing such business. While on such leave, employees shall not lose any Benefit of seniority. Such leave shall not be longer than thirty

(30) calendar days in any calendar year.

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

ARTICLE 19

HOLIDAYS

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

New Year's Day Martin Luther King's Birthday

President's Day Memorial Day

Independence Day Labor Day

Columbus Day Veteran's Day

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

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

Section 4. In addition to the holidays listed above, the Company will observe any holidays declared as a legal federal holiday by Congress or the President, when authorized by the customer.

Section 5. In the event that training is conducted on one of the aforementioned days, those holiday hours will be rescheduled to a day that is mutually agreeable to both parties.

Section 6. Employees may be allowed to float: the Columbus and Veteran Day Holidays. The rescheduling of these holidays will be done on an individual basis to accommodate both employees and operational support needs. The Company maintains the sole discretion in approving the alternate holiday schedule.

2.4

ARTICLE 20

VACATION

Section 1. Annual Accrual Rates - Earned paid vacation hours shall be credited to the employee's account as accrued upon completion of each standard workweek. Completion of a standard workweek shall be defined to include actual hours worked, vacation, sick leave, holiday, or any other paid leaves as defined in Article 22 Section 5. Paid vacation accrual will follow the schedule below:

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

• After Four Years up to Fourteen Years of Service-During the interval between forty- eight

(48) months (4 years) and one-hundred and sixty-eight months (168) of continuous employment, regular full-time employees will accrue 2.308 hours of paid vacation after the completion of each standard full-time workweek to a total annual rate of fifteen (15) days.

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

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

2.5

ARTICLE 21

WAGE RATE SCHEDULE

Section 1. The hourly base rate of the bargaining unit employees will become effective on or following the first full pay period in August of each year of the agreement listed in the table below.

Job Title 08/01/2021 08/01/2022 08/01/2023 Instructor Operator $26.85/hr $27.66/hr $28.49/hr Instructor Operator Paramedic* $27.35/hr $28.16/hr $28.99/hr Instructor Operator Lead* $27.85/hr $28.66/hr $29.49/hr

*Instructor Operator Paramedic pay is 50 cents greater than the Instructor Operator.

*Instructor Operator lead pay is $1.00 greater than the Instructor Operator.

Lead differential pay will discontinue as of July 31, 2021 and the lead will receive the wages listed in this Article effective August 1, 2021.

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.

In the event that the normal designated lead is absent for an extended period of time (see Article 10, Section 5), the Company will assign the most senior Instructor/Operator available temporarily, until the Company is able to identify the most qualified person as their permanent replacement.

EMPLOYEE INSURANCE & BENEFITS

ARTICLE 22

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

Flexible Spending Account and Health Savings Account (where applicable)

Basic Life Insurance and Basic Accidental Death & Dismemberment {AD&D) Insurance

Employee Supplemental Life Insurance and Supplemental AD&D Insurance

Dependent Life Insurance

Long Term Disability Insurance

Short Term Disability Insurance

Medical/Dental/Vision Insurance

Retirement Benefit Plan as outlined in Section 4

Business Travel Accident Insurance

Education Assistance Program as outlined in Section 3

Employee Assistance Program

Sick Leave in accordance with Section 2

Other paid leaves as outlined in Section 5

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

Effective the first full pay period on or following August 1st of each year, should the value of the Company -provided benefits for an individual's benefits elections result less than the amount indicated below (to a maximum of forty (40) hours paid per week), the residual amount will be paid to the employee. These calculations will continue to include all aspects allowed by the Service Contract Act and will be paid on a 1 pay period lag.

The health and welfare of the bargaining unit employees will become effective on or following the first full pay period in August of each year of the agreement listed in the table below.

August 1, 2021 $6.25/hr

August 1, 2022 $6.75/hr

August 1, 2023

$7.25/hr

Section 2. Full-time employees, who are continuously employed, will accrue 1.08 hours of sick leave after the completion of each standard full-time workweek to total an annual rate of seven (7) days per year.

There will be no maximum accrual limit on sick leave however any accrued, unused sick leave will not be paid out to the employee upon termination from the Company.

Section 3. The maximum benefit payable an employee toward the completion of an Associate or Bachelor's degree or its equivalent at an accredited educational institution is $7,500 (U.S.) per Calendar Year, based on when the benefit is paid to the employee. Current applicable tax guidelines for the employee's location will govern the amount of the benefit that is taxable.

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

The maximum benefit payable to an employee toward the completion of a certification or other professional designation is $5,250 (U.S.) per Year, based on when the benefit is paid to the employee.

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

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

Reimbursement for certification and other professional qualification requirements shall include only the payment required to take the examination. It will not include books, preparatory course costs, nonmandatory fees, or any other special charges (e.g., travel, room & board).

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

Phoenix Logistics shall not be liable for any educational expenses that were incurred by any employee prior to October 1, 2018.

Section 4. The Company will match each 1% the employee contributes into their retirement account with a 0.5% contribution. The Company's total contribution of H&W monies will not exceed 3%.Section

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

An employee who was subpoenaed as a witness to a civil or criminal court action (but not appearing as a party to the action) is eligible for compensation for scheduled work time necessarily missed to appear to give such testimony in a civil or criminal court action. The employee must make a good faith effort to limit the amount of scheduled working time rnissed by attempting to have his/her testimony scheduled during non-working time and, to the extent practical, to be placed on an on-call status to testify.

Eligibility for this pay is conditioned upon the employee giving the supervisor copy of the subpoena the first working day after the employee is served.

Bereavement - When there is a death or critical illness or injury (usually considered life threatening but unrelated to a routine or corrective surgery) of a men-Iber of an employee's immediate family. Under such circumstances, emergency leave may be granted for a period not to exceed three working days.

Immediate family is defined as an employee's spouse, same-sex domestic partner, parent, child (including children of a same-sex domestic partner), brother, sister, grandparent, grandchild, or any of these in a step or in-law relationship, legal guardian, or legal ward.

Military Leave - Compensation for a maximum of ten working days per year shall be granted to employees fulfilling training commitments within the Military Reserves or National Guard. The appropriate reference year for purposes of military reserve/national guard training will be the government fiscal year, which runs from 1 October through 30 September. The employee's compensation will be the difference between their base hourly rate of pay and that paid by the government. Employees shall be eligible to receive such compensation during the entire period of their association with the Military Reserves or National Guard.

ARTICLE 23

TRAVEL

Section 1. All travel will be conducted in accordance with Company policy and the Joint Travel Regulations (JTR). Employees will be paid in accordance with a) and b) below when they are required to travel for the Company, in excess of 25 miles from their normally assigned duty station.

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

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

b. Actual travel time by any conveyance; provided, however, that hours paid under

a) and

b) of this paragraph shall not be duplicative.

b) On the initial and final day(s) of travel to and from a temporary work site the travel time shall commence when the employee departs home/hotel and cease when the employee reaches home/hotel. 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 station.

Section 2. The Company will provide per diem (lodging, meals, and incidentals) at the rate stipulated in the JTR. When J TR rates are unavailable and when approved by the Company in advance, lodging shall be reimbursed for actual expenses incurred when substantiated by receipts.

Section 3. Any employee who may be required to travel comply with company policy.

ARTICLE 25

SEPARABILITY AND SAVINGS CLAUSE

Section 1. In the event that now, or hereafter, there is any State or Federal law or any Government Authority directive, order, rule, or regulators made pursuant thereto, which is in conflict with any provision or provisions of any agreement between the parties, the same shall supersede such provision or provisions and thereafter shall govern and control the relations and conduct of the parties so long as such law, directive, order, rule, or regulation shall remain in force and effect. Furthermore, it is mutually agreed that within thirty (30) calendar days after such provision or provisions become unlawful, the parties shall meet to discuss a modification of such provision or provisions to comply with the law. In all other respects the provisions of this Agreement shall continue in full force and effect for the duration of this Agreement.

31.

ARTICLE 26

SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns until its expiration, or until it is changed by mutual agreement of the parties. In the event the Company ceases to perform on the contract as identified in Article 1, the Company shall be released from all obligations on the contract so affected under this Agreement. It is the express intent of the parties that the Agreement shall remain in effect for its full term. In the event that a successor is announced by the customer, the Company shall notify the of such change and include contact information for the successor if known.

ARTICLE 27

NOTICE OF CHANGE OR TERMINATION

Section 1. This Agreement shall be effective and shall continue in fun force and effect through 28 th of March…