LOGMET_GLSS_CBA_Signed_5_27_2015_1_Adobe_Acrobat_V4.0.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

LOGMET LLC

9600 Great Hills Trail, Suite 150W

Austin, TX 78759

And

GLOBAL LOGISTICS SUPPORT SERVICES, INC.

615 Discovery Drive Huntsville, AL 35806

And

LOCAL LODGE 2282

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE

WORKERS, AFL-CIO

Covering Services under Contract No. W9124R-13- C-0004, Princ ipally at Laguna Army Airf ield

U.S. Army Yuma Proving Ground, Arizona

EFFECTIVE

May 27, 2015 through June 30, 2018

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 MANAGEMENT RIGHTS

ARTICLE 3 UNION RECOGNITION AND EMPLOYEE REPRESENTATION

ARTICLE 4 NO STRIKES OR LOCKOUTS

ARTICLE 5 UNION SECURITY

ARTICLE 6 GRIEVANCE PROCEDURE AND ARBITRATION

ARTICLE 7 SENIORITY

ARTICLE 8 HOURS OF WORK AND OVERTIME

ARTICLE 9 FIELD DUTY ASSIGNMENTS (TOY)

ARTICLE 10 HOLIDAYS

ARTICLE 11 VACATION AND PT0

ARTICLE 12 WAGES AND JOB CLASSIFICATION

ARTICLE 13 HEALTH AND WELFARE

ARTICLE 14 LEAVES OF ABSENCE

ARTICLE 15 SAFETY

ARTICLE 16 DISCHARGE AND DISCIPLINE

ARTICLE 17 NON-DISCRIMINATION

ARTICLE 18 GENERAL PROVISIONS

ARTICLE 19 PENSION AND 401K

ARTICLE 20 MNPL

ARTICLE 21 COMPLETE AGREEMENT

ARTICLE 22 SCOPE OF AGREEMENT

ARTICLE 23 DURATION

APPENDIX A- WAGES

PREAMBLE

This Collective Bargaining Agreement ("Agreement" or "CBA'') is made and entered into effective May 27, 2015, by and between LOGMET LLC ("LOGMET"), and Global Logistics Support Services, Inc., a wholly-owned operating subsidiary of S3, Inc. ("GLSS" or "S3"), hereinafter jointly referred to as "the Companies", and each individually "Company", and the International Association of Machinists and Aerospace Workers, AFL-CIO, Local Lodge 2282 (hereinafter referred to as "the Union"), covering services required under Contract No. W9124R-13-C-0004, dated March 29, 2013 (the "Contract"), and being performed principally at the Laguna Army Airfield ("LAAF") at the U.S. Army Yuma Proving Ground, AZ ("USAYPG").

The foregoing entities are each recognized and referred to in this Agreement as a "Party," and collectively as the "Parties."

ARTICLE 1

RECOGNITION

Section 1.1 Recognition of Union. The Companies recognize the Union, certified by the National Labor Relations Board on March 17,2015 in Case 28-RC- 146775 (LOGMET) and Case 28-RC-146696 (GLSS), as the exclusive representative of the "employees" as defined in Section 1.2 of this Agreement.

Section 1.2 Definition of Employees. Whenever used in this Agreement, the term "employees" shall mean:

LOGMET:

INCLUDED: All full-time and regular part-time quality, maintenance, supply, airfield support, and production personnel, including leads, airplane mechanics, airplane mechanics/flight mechanics, aviation sheet metal repairmen, aircraft electronics mechanics, aviation ground support equipment mechanics, aviation life support equipment (ALSE) inspectors, quality control (QC) inspectors, production control, engineering technicians, airplane mechanic leads, flight scheduling/dispatch specialists, air traffic controllers, supply technicians, Warehouse specialists, quality control (QC) clerks, and aircraft service/fuel handlers employed by LOGMET in Yuma, Arizona.

EXCLUDED: Office clerical employees, professional employees, managerial employees, guards, and Project Managers as defined in the National Labor Relations Act.

GLSS:

INCLUDED: All full-time and regular part-time maintenance and production personnel, including helicopter mechanic leads, airplane mechanics, airplane mechanics/flight mechanics, aviation sheet metal repairmen, aircraft electronics mechanics, aviation ground support equipment mechanics, and aviation life support equipment (ALSE) inspectors employed by GLSS in Yuma, Arizona.

EXCLUDED: Pilots, office clerical employees, professional employees, Managerial employees, guards, and Project Managers as defined in the National Labor Relations Act.

Section 1.3 Definition of Probationary Employee. An employee who has never been employed by either of the Companies, or an employee rehired after termination of employment with the Companies, shall be in "probationary" status until he or she has completed ninety (90) calendar days. The transfer, discipline, lay-off or discharge of an employee who is in probationary status shall not be a violation of this Agreement and shall not be subject to or reviewable through the grievance procedures or appealable by arbitration under Article 6 of this Agreement.

Section 1.4 Government Contract. The Parties acknowledge that the services to be performed by the employees under this Agreement are the subject of, and are defined in, the Contract between LOGMET and the U.S. Army, and the Union acknowledges receipt and its review and knowledge as to the terms of the Performance Work Statement ("PWS") under such Contract

ARTICLE 2

MANAGEMENT RIGHTS

Except as modified by a specific provision of this Agreement, the Companies reserve and reta in all of their normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) their right to establish or continue policies, practices and procedures for the conduct of the business; to select and direct the work force; to establish, eliminate, change or combine work schedules and work assignments; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable policies, procedures and rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause;

and otherwise to take such measures as management may determine necessary to the orderly, efficient or economical operation of the business.

It is understood and agreed that any powers and authority the Companies had prior to signing this Agreement are retained by the Companies except as specifically modified, delegated or granted by this Agreement.

ARTICLE 3

UNION RECOGNITION AND EMPLOYEE REPRESENTATION

Section 1. Union Stewards.

(a) Recognition of Union Stewards. From among the bargaining unit employees employed by the Companies, the Union will designate, and the Companies will recognize, one (1) union steward and one (1) alternate steward to serve as the Union's agents in the representation of employees. The Companies shall not recognize any employee as a union steward unless the Union has notified the Companies, in writing, as to the employee's name and designation as a union steward. The union steward and the alternate steward will represent all employees.

(b) Compensation of Union Stewards While Engaged in Union Activity.

Except as may be otherwise specifically provided in this Agreement, the union stewards shall not be compensated by the Companies for their duties on behalf of the Union.

Section 2. Authorized Activities of Union Stewards.

a. The investigation and presentation of grievances to the Companies or the respective designated Company representative in accordance with these provisions:

1. To consult with an employee regarding a question concerning this Agreement or any complaint or grievance as to which the employee desires a steward to be present.

2. To investigate a complaint or grievance before presentation to the appropriate management personnel.

3. To present a question concerning this Agreement, or any complaint or grievance, to an employee's immediate Manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

4. To meet with the Project Manager or other designated representative of the respective Company when necessary to adjust grievances in accordance with the grievance procedures of this Agreement.

b. The steward or his designee shall be given fifteen (15) minutes during new hire orientation to meet with the new hire(s).

c. The transmission of such messages and information during non-work times (breaks, lunch, before and after working hours), which shall originate with, and are authorized by the Union or its Officers, provided such messages and information have:

1. Been reduced to writing, or

2. If not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusals to perform work duties or any other interference with the Companies' business.

Section 3. Posting of Union Literature and Information: Bulletin Boards.

(a) The Companies will permit the Union to use portions of bulletin boards in the Companies' designated premises at USA YPG on a space available basis for the purpose of posting legitimate Union notices. The Union will be permitted to install, at its own expense, additional bulletin boards in the Company's designated areas at USA YPG as needed for the purpose of posting legitimate Union notices, and subject to the approval of the Project Manager, and consistent with all applicable USAYPG rules, regulations and procedures.

Legitimate Union notices are defined as

(1) Notices of meetings pertaining to the employees and work under the subject Contract.

(2) Notices of official Union elections and results.

(3) Notices of official Union appointments.

(4) Official notice of Union recreational and social events.

Section 4. Union Business.

Except as otherwise provided in this Agreement, the Companies shall not be required to pay an employee for any time or leave taken from work by that employee to serve the Union in any official capacity (other than the union steward when provided pursuant to the terms of this Agreement), to serve on any Union committee or to attend Union-sponsored conventions, training and seminars. The Companies may refuse to grant leave under this Section 3.4 if the Project Manager determines that any employee's absence would unreasonably interfere with or adversely affect the operations of the Companies or the operations or mission of the United States government (USAYPG/customer).

Section 5. Union Visitation.

The Business Representative of the Union shall have access to the Companies' facilities at USA YPG, consistent with USA YPG rules, regulations and procedures, for the purposes of contacting persons regarding employee complaints or grievances or matters arising out of the application of this Agreement.

The Companies shall not impose undue procedures that will exclude the Business Representatives from such visits, nor render ineffective the intent of this provision.

The Business Representative of the Union must provide the Companies one day's advance notice prior to the visit to ensure it does not interfere with on-going USA YPG operations and the Project Manager or designated alternate is available.

Section 6. Negotiations.

(a) The Parties agree that all future collective bargaining is to be conducted between the negotiating team designated by the Union and the negotiating team designated by the Companies. Negotiating sessions shall be held at mutually agreed neutral location(s) and facilities, with the Union on the one hand, and the Companies on the other hand, each bearing 50% of the costs of the facilities.

The Union may designate, up to three (3) bargaining unit employees to serve on its negotiating team, and up to three (3) bargaining unit employees to serve as alternates for negotiating team members who are unable to attend a negotiating session. By mutual agreement in writing, the Union and Companies may agree to change the number of bargaining unit employees who will serve as primary or alternate members of the Union's negotiating team.

ARTICLE 4

NO STRIKES OR LOCKOUTS

Section 1. Recognition of Important and Vital Work for the United States Government.

The Union and the Companies expressly acknowledge and recognize that the business and operations of the Companies are directly related to important and vital work of the United States Government, and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the services required and being provided by the Companies under the Contract.

Section 2. No Strikes or Lockouts.

The Union agrees that it shall not engage in, authorize or recognize any strikes, picketing or other interruption of the Companies' operations under the Contract during the term of this Agreement; the Companies agree that they shall not lock out the employees during the term of this Agreement.

ARTICLE 5

UNION SECURITY

Section 1. Union Dues/Payroll Deduction.

It is agreed between the Companies and the Union that any employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, may authorize the collection of Union dues by signing a payroll deduction form provided to the respective Company. The employee's authorization shall be irrevocable for a period of one (1) year from the date signed or until this Agreement expires, whichever occurs sooner, irrespective of the employee's membership status in the Union. Deductions shall be made from the respective employee's paychecks, on a per pay period basis.

(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly periods shall be similarly irrevocable unless revoked within ten (1 0) calendar days, but not less than three (3) days prior to the date of termination of any irrevocable period. Such revocation shall be affected by written notice to the Companies, and a copy sent, to the Union by the employee, by certified mail, return receipt requested, within such ten (1 0) day period.

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

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

(d) Deductions shall be remitted to the Union and submitted to lAM Headquarters, Attn: Reports Department, 9000 Machinists Place, Upper Marlboro, MD 20772-2687, no later than the tenth (10th) day of the month following the month in which the deductions were made, and shall include all deductions made in ' previous month. The respective Company shall furnish the Union, monthly, with a record of those employees of that Company for whom deductions have been made and the amounts of the deductions, as well as the names of those employees from whose pay deductions were not made and the reasons they were not made.

Section 2. Indemnity. The Union will indemnify and hold the Companies harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Companies that are based on or arise out of any action taken by the Companies in accordance with or arising out of the foregoing provisions of this Article 5.

ARTICLE 6

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1. This Article applies to the site Project Manager and the respective Company Representatives responsible for Human Resources of each Company.

It is the intent of this Article to establish a means for the prompt adjustment of work problems and personnel grievances at the job level by conference between the Project Manager and the employee involved, provided the Steward has been given an opportunity to be present. If not resolved at this informal level, a formal written grievance may be filed. The grievance shall contain (i) a full statement of the grievance and the facts upon which it is based, (ii) the Section of this Agreement alleged to have been violated, and (iii) the action, remedy or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed by the affected employee, prior to Step 1 of the Grievance Procedure. Grievances shall be processed according to the steps and time limits specified. These time limits may be extended upon written mutual consent of the parties. No written grievances shall be filed or processed based on facts, events or omissions within the employee's knowledge that occurred more than ten (1 0) work days before the grievance is filed. For disputes occurring while on detachment, this timeline shall be extended for ten (1 0) work days after the date of the employee's return to

USAYPG.

a. Stewards shall not be denied the opportunity to represent an employee at investigative interviews if requested by the employee. If a Steward is requested but not available, such investigative interviews will be postponed until a Steward can be present.

b. All Parties agree to exert an earnest effort to settle each grievance promptly through the following steps:

Step 1. The employee involved shall first confer with his/her Company Representative in order to amicably settle the matter, provided the Steward has been given an opportunity to be present. Any and all grievances shall be handled during normal working hours without any interruption of work.

Step 2. If the dispute is not resolved amicably, then the Steward may reduce the grievance to writing. Within ten (10) work days after receipt of a written grievance the Company Representative shall submit a written answer to the affected employee and Steward. The Union Business Representative may act on behalf of an aggrieved employee.

Step 3. If not settled/resolved at Step 2, the Union Business Representative may submit the grievance, in writing to the respective Company Representative responsible for Human Resources, or designee, within ten (1 0) work days after receipt of the Company's response. The respective Company's Representative responsible for Human Resources, or designee, and the Union's Business Representative, or designee, will meet, in person or by telephone conference, within ten (10) work days and attempt to resolve any grievance. If unable to resolve the grievance, the Company Representative or designee shall submit a written answer to the Union within twenty (20) work days of receipt of the written grievance.

Step 4. The Union's Business Representative may submit, within twenty

(20) work days following the Company's Step 3 answer, written notice to the respective Company's Representative of the Union's intent to arbitrate. The Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each party. The Union and the respective Company shall alternately strike one name from such list (the Company and the Union shall alternate which party shall make the first strike, with the Company to make the initial strike) until only one name remains, and that person shall be the arbitrator. The parties will notify the Arbitrator of their selection and will coordinate schedules between the Company, the Arbitrator and the Union. The cost of the Arbitrator will be shared equally among the parties to the arbitration. The respective Company and the Union will continue to attempt to resolve the grievance prior to and during arbitration.

Section 2. The arguments before the Arbitrator will be oral, written or both, as directed by the Arbitrator. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement. The Arbitrator's authority is to interpret and apply the provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence at the hearing and the terms of this Collective Bargaining Agreement.

Section 3. The Parties may file post-hearing briefs. The Arbitrator shall render his/her decision within thirty (30) days after the close of the hearing or receipt of briefs, whichever is later. The Arbitrator's decision shall be in writing. The award shall be delivered or mailed to each party. The decision of the Arbitrator shall be final and binding on all parties.

Section 4. In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, the fees and costs of the Arbitrator shall be shared equally by the parties. No more than one (1) grievance shall be submitted to the same Arbitrator, unless mutually agreed in writing. All time limits shall be strictly adhered to, and may be extended only by mutual written agreement of the parties.

Section 5. The parties will conduct the arbitration cases at a location selected by the parties. If the parties cannot agree, then the Arbitrator shall determine the location, after hearing and giving due consideration to the respective positions of the parties.

ARTICLE 7

SENIORITY

Section 1. Union seniority of an employee is the length of the employee's continuous service with the Companies at USA YPG, including time spent with predecessor companies on work covered by the Contract.

a. It is agreed that seniority, defined in this Article 7, Section 1, shall govern in the fill ing of vacancies within job classifications and the assignment of shifts, provided the employee is qualified and capable of performing the job.

b. When vacancies occur in any job classification covered by this

· Agreement, the respective Company shall post notice of such vacancies for a period of five days on the bulletin boards. The Company will promote qualified employees with the most seniority within the bargaining unit who have signed said posted notice prior to hiring outside applicants.

Section 2. In cases of layoff, the employee with the least Union seniority in the affected job classification shall be laid off first. The respective Company will give two weeks advance notice of layoff if advance notice is given by USAYPG.

Employees selected for layoff may elect to bump into lower-rated classifications that they are qualified to perform. The employee will inform the respective Company of the employee's election to bump within one business day following the employee's receipt of the layoff notice.

Section 3. In recalls back to work, the employee with the most seniority qualified to perform in the open job classification shall be recalled first. The respective Company shall notify employees to be recalled by certified mail, with return receipt.

It is the responsibi lity of each employee to notify the Company as to any address changes by certified mail with return receipt. The employee has three business days following notification of recall from the Company to accept the recall. The employee shall have ten (10) business days to return to work after receipt of notice unless extended by the Company.

Section 4. An employee shall lose seniority and the employee's continuous employment shall be broken for the following reasons:

a. Resignation

b. Discharge for just cause

c. Layoff in excess of one (1) year

d. Failure to return to work at the expiration of a leave of absence

e. Failure to return to work within ten (1 0) days after being recalled from layoff unless excused by the Company

f. Absence of three consecutive workdays without reporting to the Company, except in case of a documented emergency

Section 5. Each new employee shall serve a probation period of ninety (90) days. If during this ninety-day period, the respective Company determines, in the Company's sole discretion, that the new employee is not suitable for the job, the Company may terminate such employee's employment.

ARTICLES

HOURS OF WORK AND OVERTIME

The mission supported is a training and test support facility, and operations outside of normal hours of operation will occur. Under the PWS, work schedules are required to be adjusted to cover these hours of operation without the use of overtime, and the Union commits to work with the Companies to provide scheduling flexibility so as to minimize the need for overtime, consistent with the terms of this Agreement. The Union recognizes the inherent right of the Companies to maintain or improve efficiency, and the right to assign 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.

Section 2. Ten (10) consecutive hours, exclusive of a meal period of thirty (30) minutes, shall constitute a normal work shift.

Section 3. The current LOG MET work week of Sunday running through Saturday, and GLSS work week of Saturday running through Friday will continue in effect through June 30, 2015. Starting July 1, 2015, both Companies' work week for payroll purposes shall consist of seven (7) consecutive calendar days, beginning on Sunday and running through the following Saturday.

The normal work schedules shall be Monday through Thursday, and Tuesday through Friday.

Normal duty hours at USAYPG are Monday through Thursday, 6:30 AM to 5:00 PM Local Time, except for U.S. Government holidays. The normal duty day is 10 hours, 4 days per week, and is subject to change by direction of USA YPG. One half hour is permitted for meal periods that occur at the midpoint of each duty day.

Exceptions are outlined as follows:

The normal hours of operation for fuel are 6:30 AM to 5:00 PM, Monday through Friday.

The normal hours of operation for flight operations are 6:30AM to 5:00 PM, Sunday through Friday.

The normal hours of operation for personnel supporting the MFFS shall be as follows:

Mechanics/Ground Support Personnel - Normal hours shall be 6:30 AM to 5:00 PM, Monday through Friday.

The mission supported is a training and test support faci lity, and operations outside of the normal hours of operation will occur.

Work schedules may be adjusted to support function requirements and during periods of increased operational tempo, to include nights and weekends, and based on changes made to scheduling, and work shall be performed under schedules that provide maximum USA YPG support in a cost-effective manner.

TOY: Temporary duty (TOY) can be required as authorized by the Contracting Officer (KO) and Contracting Officer's Representative (COR). The primary work location is USA YPG.

Employees assigned to TOY duty generally shall observe and comply with the specified normal work schedules at the assigned facility, unless otherwise directed.

Scheduling Flexibility. Work schedules shall be adjusted to cover these hours of operation so as to minimize the use of overtime.

Section 4. All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per day: One (1) to be taken during the first half of their work day, and one (1) to be taken during the second half of their work day.

In the event any employee is required to work beyond any ten (1 0) hour work day, the affected employee will receive an additional paid fifteen (15) minute break prior to commencing additional work.

Section 5. Notice for mandatory scheduled overtime will be given as soon as practical after site management determines that overtime work will be required.

Each Company will make an effort to distribute overtime as equitably as possible amongst said Company's employees.

The overtime rate will be t ime and one-half (1 %) the employee's regular working rate of pay for all hours worked over forty (40) hours in a workweek. Nothing in this Agreement shall be construed to require the payment of overtime on overtime, or compounding of overtime, as a result of computing hours in accordance with this Article.

Section 6. Should a medical illness result in an absence from work for more than three days, a certificate of fitness from a medical doctor must be furnished to the Project Manager by the employee prior to returning to work.

Section 7. In the event an employee is temporarily assigned to work in a classification for which the rate of pay is higher than the pay received by the employee in his/her regular classification, he/she shall receive the higher rate of pay for the hours worked in such higher classification. In the event an employee is assigned to work temporarily in a classification lower than his/her regular classification, he/she shall receive his/her regular rate of pay. The employee must separately track and identify his/her time worked in the respective classifications and record such time on their timecards.

An employee who is called and reports back to work after he/she has completed his/her regularly assigned shift and clocked out for the day and left the site shall receive a minimum of four (4) hours pay at his/her applicable straight time rate of pay.

The employee must track his/her time and record it on their timecards.

ARTICLE 9

FIELD DUTY ASSIGNMENTS (TOY)

Section 1. All TOY's require completion of the respective Company's Travel Request Form, showing the estimated Joint Travel Regulation (JTR) rates. This form must be signed by the employee and a government representative. It will serve as the basis for any advancement of pay. If the TDY is cancelled and advancement has been distributed, the employee shall return such advanced amounts to the respective Company within three (3) business days.

Note: the Companies' travel request form must show all required costs, to include any shipment of required tools. Failure to adhere to these procedures could delay any advance payment to the employee or result in no advancement of pay prior to the TDY.

Lastly, the employee must attach all airline tickets receipts, and lodging receipts, with their completed Company travel request form.

Section 2. Employees shall document their traveling hours for government approved TOY's in a commercial aircraft or automobile. The Employee shall track the time and record it on their timecard.

ARTICLE 10

HOLIDAYS

Section 1. The following ten (10) holidays are recognized: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and starting effective July 1, 2015, one (1) additional Floating Holiday is recognized.

A recognized holiday falling on a Saturday will be celebrated on the prior Friday; a recognized holiday falling on a Sunday will be celebrated on the following Monday.

All other recognized holidays will be celebrated on the date of each holiday.

Holidays will be observed on the days cited by USAYPG. The Companies and the employees do not get to observe USAYPG off-days, such as Family Day, etc.

The one (1) Floating Holiday is to be taken at the discretion of each employee, based on coordinating with the respective Company's management and consistent with work needs and meeting requirements under the Contract.

A bargaining unit employee to be eligible for holiday pay must come to work his/her regularly scheduled work day preceding or following the celebrated holiday.

A bargaining unit employee who is required to work on a recognized holiday, but fails to report for and work on such recognized holiday, will not receive holiday pay.

The Companies have full authority for work requirements and the final decision related to holiday schedules.

If an employee works on a celebrated holiday designated by Federal Government mandate or Presidential Executive Order, and it is approved for reimbursement by the USAYPG Contracting Office, the employee will receive holiday pay. The employee must track their time and record it on their timesheet.

ARTICLE 11

VACATION AND PTO

Section 1. Vacation. Active full-time bargaining unit employees will receive two

(2) weeks (eighty (80) hours) paid vacation time after one (1) year of service with the Companies or a predecessor employer, three (3) weeks (120 hours) of paid vacation time after five (5) years of service with the Companies or a predecessor employer, and four (4) weeks (160 hours) after fifteen (15) or more years of service.

Starting July 1, 2015, active full-time bargaining unit employees in their first year of employment will accrue their first year annual allotment of two (2) weeks (80 hours) hours of paid vacation time in 6.67 per month increments beginning upon employment. On July 1, 2015, all employees with less than one (1) year of service shall receive a one-time allotment of hours totaling the amount they would have accrued from their respective hire dates until July 1, 2015, and they will continue to accrue 6.67 hours per month thereafter, until their respective one (1) year anniversary dates.

For the purpose of paid vacation time, a bargaining unit employee's continuous service will start with his/her date of hire or the date he/she first reported for work with the Companies or with a predecessor contractor, whichever is earlier, and will continue until the bargaining unit employee is severed from the payroll with the following exceptions:

1. Military Service. If a bargaining unit employee leaves the Companies to join the Armed Forces of the United States because of induction or voluntary enlistment, and at a subsequent date is rejected or honorably discharged and returns for employment within a reasonable length of time not to exceed ninety (90) days, his/her employment will be computed from the date of initial hire, deducting only the time he/she was absent.

2. Compensation Cases. Bargaining unit employees who are away from work because of an injury sustained on the job, and who are drawing Workers Compensation in connection with such injury, shall be considered in continuous employment for vacation purposes during the time of incapacity.

3. Rehires. If a severance is initiated by the Companies due to a reduction in force and the bargaining unit employee is rehired within a period of two (2) years from the date of severance, the continuity of employment will be considered unbroken, but the time not worked will be deducted.

4. Leave of Absence. If a final severance has not been issued, there will be no break in the continuity of service; however, the period of leave of absence will be deducted and vacation will be pro-rated accordingly based on 2,080 hours.

When a bargaining unit employee takes vacation, such bargaining unit employee will be paid at the regular hourly rate of pay at the time the vacation is taken. A bargaining unit employee will be paid forty (40) hours pay for each full week (40 hours) of vacation taken. Vacation can be taken in less than full day increments of no less than one (1) full hour.

Vacation is to be paid in full in the event of severance from the respective Company's payroll or death of the bargaining unit employee.

Vacation schedules shall be arranged to comply with the bargaining unit employee's wishes to the extent practicable; however, the final vacation schedules shall be at the discretion of the respective Company to insure continuous and efficient operations.

It is expected that each bargaining unit employee will take vacation each eligible year, during such year.

Bargaining unit employees will not be forced to use vacation at any time.

Employees are awarded vacation allotments annually upon their employment anniversary dates, except active full-time bargaining employees in their first year, except for above and may carry over earned unused vacation equal to the amount of one year's allotment at that time. Vacation amounts in excess of this limit will be paid out to the employee during the following pay period.

Section 2. PTO. Starting July 1, 2015, employees will receive Personal Time Off (PTO) at the rate of thirty (30) hours per year, and will accrue PTO at the rate of two and a half (2.5) hours per month. Unused PTO will be cumulative and up to twenty (20) hours may be carried-over from year to year, but employees shall never accumulate more than fifty (50) hours at any one time. Employees will start earning and may utilize PTO following the conclusion of their ninety (90) day probationary period.

1. PTO pay will be paid at the then current straight time pay rate. PTO may be taken in 15 minute increments. PTO shall not be used in computing overtime. PTO may be used for any personal reason.

2. Unused PTO will not be payable at termination of employment.

ARTICLE 12

WAGES AND JOB CLASSIFICATION

Section 1. Wages. The following hourly rates of pay shall prevail during the term of this Agreement:

See the chart in Appendix "A"

All wage increases will take effect 1 July of each respective year.

Section 2. Part-Time Labor.

The Parties agree that part-time labor will be used to supplement the existing workforce, and that no full-time employee shall be laid off during the term of this

Agreement as a result of part-time workers employed by the Companies. No part time employee shall work more than thirty (30) hours in any week. Part-time employees shall not be utilized for TOY assignments. The ratio of employees shall not exceed fifteen (15) full-time to one (1) part-time employee.

ARTICLE 13

HEALTH AND WELFARE

Section 1. The Companies shall provide a "bona fide" Group Health Plan (GHP) and fringe benefits to include: Affordable Care Act (ACA) compliant Minimum Value Plan comprehensive major medical coverage, specialty benefits (such as Dental, Vision, Disability Insurance, Life Insurance and Employee Assistance Plan (EAP)) and a Company 401 k retirement plan.

Section 2. Employees may waive participating in the respective Company's GHP major medical coverage with proof of enrollment in acceptable alternative primary coverage as defined by the respective Company's "bona fide" fringe benefit plan.

Tricare and Medicare do not qualify as acceptable alternative coverage, as they are deemed to provide secondary, not primary, health coverage for employees receiving Health & Welfare benefits under a government services contract, as here.

Section 3. Employees who provide sufficient proof or certification of alternative health insurance must enroll in the respective Company's specialty benefits and Retirement plan. All excess fringe funds not used in the Company's GHP will be applied to the respective Company's specialty benefits and Retirement plan. If an Employee's alternative primary health coverage ends, the Employee must immediately notify the respective employing Company of the pending loss of alternative coverage and enroll in such Company's sponsored GHP major medical coverage.

Section 4. Through June 30, 2015, the Companies agree to contribute four dollars and two cents ($4.02) per hour paid per employee, on up to forty (40) hours per week, to the respective Company's "bona fide" fringe benefits plan defined in Section13.1 above. Starting July 1, 2015, the Companies agree to contribute five dollars and fifty cents ($5.50) per hour paid per employee, on up to forty (40) hours per week and 2,080 hours per year, to the respective Company's "bona fide" fringe benefits plan, defined in Section 1 above. This amount will increase by the amount of five percent (5%) each subsequent year of the Agreement, starting July 1, 2016 and July 1, 2017 respectively.

Section 5. The Companies reserve the right to choose their respective "bona fide" fringe benefits plan, as well as which "bona fide" fringe benefits will be provided thereunder. The Companies shall provide the Union advance notice as to any proposed changes, but may change their respective plans without negotiating changes with the Union.

Section 6. Health Care Reopener

It is agreed that upon at least ninety (90) days written notice to the other Parties prior to July 1, 2016, and prior to July 1, 2017, this Agreement may be reopened for purposes of bargaining for modification of Health Insurance, to include but not teresa.beebe Highlight teresa.beebe Highlight teresa.beebe Highlight teresa.beebe Highlight limited to Tricare, the specific plan and cash opt-out for the period of July 1, 2016 to June 30,2017, and/or July 1, 2017 to June 30,2018.

Upon receipt of such notice, the Parties shall meet promptly to discuss the written request and to negotiate any changes or alteration to such provisions of this Agreement. Any such reopener negotiations shall be limited to the subjects of Health Insurance and Tricare.

The Union shall maintain the right to strike if the Parties are not able to reach a mutually satisfactory agreement on such issues, and the Companies similarly shall maintain the right to lockout if no mutually satisfactory agreement is reached.

ARTICLE 14

LEAVES OF ABSENCE

Section 1. Family and Medical Leave. The Companies will offer family and medical leave pursuant to the provisions of the Family and Medical Leave Act

Section 2. Personal Time Off in Lieu of Leave. An employee has the option to use his or her personal time off (PTO), and therefore receive personal time off pay, in lieu of and during any leave of absence without pay.

Section 3. Jury Duty.

(a) An employee who is required to report for jury duty shall be entitled annually to be paid up to three (3) scheduled (10 hour) work days pay at the employee's straight-time rate of pay for scheduled work hours lost as the result of such actual jury service requiring an appearance and attendance in court, less the amounts paid by the court or government for that jury service, after the employee provides the employee's manager with a copy of the jury summons, proof of service and receipt or record of payment for such jury service by the court or government.

(b) Upon receiving a summons or notification for jury duty, the employee shall inform his or her manager as soon as possible for scheduling the time off.

Additionally, after the first day of jury service, if the employee is to report or serve any additional days on a jury, the employee shall notify the Project Manager as soon as possible by telephone call and/or voicemail message as to the additional service, so that the work schedule can be modified to accommodate the employee's absence.

(c) An employee who reports for such service, and who is either excused therefrom or completes the service during the period of normally scheduled work, shall immediately contact the Project Manager and report for work, if requested.

(d) If an employee is required to remain on jury duty in excess of three (3) (10 hour) work days, the employee may elect to take the additional period away from work either from his or her balance of personal time off (PTO) or as leave without pay.

Section 4. Military Leave. An employee who is called to and performs short term active duty of thirty (30) days or less, including active duty training as a member of the United States Armed Forces Reserves or National Guard, shall be paid the difference between the employee's military rate and the employee's straight time hourly rate of pay for a period of up to fifteen (15) scheduled working days per calendar year. The employee must present a copy of the employee's military duty order to the Companies as soon as they are received by the employee. Upon return from active short-term duty, the employee must present pay vouchers so that the difference in pay may be computed. The employee will be given a leave of absence for, and will accumulate seniority during such period of service. Employees required to report for military training in excess of thirty (30) consecutive days, or those called to active duty, shall be reinstated in accordance with the Uniformed Service Employment and Reemployment Rights Act. The Parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Section 5. Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of thirty (30) scheduled work hours in the event of the death of the employee's parent, step-child, foster child, child, spouse, grand parent, parent-in-law, step-parent, brother, sister or grandchild. If requested by the employee, the Companies may permit additional unpaid bereavement leave.

Section 6. Voting Leave. If voting polls are not open before or after an employee's regular duty hours and the employee's work schedule does not otherwise allow sufficient time for voting, the employee may be excused by his or her manager for a reasonable time up to two (2) hours with pay for the sole purpose of voting in national, state, local or other official civil elections that occur in the county in which the employee lives and is a registered voter. Such paid time off for voting, however, will not be given or paid if the employee has had sufficient time to know in advance the work schedule for the election or voting day and failed to obtain an absentee ballot for voting purposes.

ARTICLE 15

SAFETY

Section 1. Safety Plan. All employees of the respective Companies must have a complete understanding of the Company's Safety Plan for the USA YPG location (hereinafter referred to as "the Company's Safety Plan"). All employees of the Companies shall adhere to and comply with the Company's Safety Plan.

Section 2. Any employee becoming aware of an unsafe working condition or an accident will immediately report the condition or accident to the Project Manager, and also will record and submit a written report of the unsafe working condition or accident to the Project Manager within the same work day. If it is impossible to submit the written report within the same work day, the written report will be submitted by the employee within 24 hours of the initial verbal report. If the employee needs assistance with writing the report, the Company's Safety Manager shall assist the employee. Failure to report an unsafe working condition or an accident will result in discipline, up to and including termination. Employees who feel that a work assignment is unsafe have the right to refuse to perform the work without fear of discipline, pending review of the unsafe condition by management.

Section 3. An employee who has engaged in an unsafe work practice, fails to follow established safety procedures, fails to use required or provided safety equipment or protective clothing, commits unsafe acts or has failed to notify the employee's Project Manager of an unsafe condition or accident may be subject to coaching, counseling or disciplinary action, up to and including discharge. Any employee who willfully or intentionally engages in such misconduct may be immediately discharged, and if discharged, the discharge shall be deemed and regarded by the Parties as for just cause. The question as to whether an employee willfully or intentionally engaged in such misconduct shall be subject to grievance and arbitration under Article 6 of this Agreement.

Section 4. Legal Compliance and Revisions. The Companies may amend their Safety and Health Plans, rules, regulations and policies from time to time, as deemed necessary or appropriate by Company Management.

Section 5. Injuries on the Job. An employee injured on the job, who is taken off the job for treatment, will receive pay for the remainder of the employee's scheduled work day if the employee's injury is serious enough to preclude the employee's return to work that day. Where necessary, the respective Company will furnish transportation as soon as possible for an injured employee to receive medical treatment.

Section 1. Discharge.

ARTICLE 16

DISCHARGE AND DISCIPLINE

(a) The Companies may discipline or discharge any employee for just cause. The Parties agree that some offenses may be grounds for immediate termination, as set forth in Section (b) below. If an employee receives a written coaching, counseling, warning or disciplinary report or notice from the Company, a copy of that report or notice will also be provided to the union steward and the Union Business Representative.

(b) Just cause for immediate discharge of an employee by the Companies shall include the following:

1. Willful dishonesty, deceit and making false or fraudulent representations.

2. Intentionally making false statements, concealing facts or fabricating falsehoods in records or documents, such as time sheets and employment applications, or forgery.

3. Intoxication during working hours.

4. Any violations of the Company's Substance Abuse Program, for which termination of or discharge from employment is designated in the Company's Substance Abuse Program and policy as the sole disciplinary or administrative action to be taken for such violation.

s. Fighting while on the Company's premises or while performing work or duties for the Company.

6. Not reporting to work for three (3) consecutive workdays or over staying an authorized leave of absence, without notifying the Company and informing the Company as to the reason(s) for the absence and when the employee is intending to return to work.

7. Unauthorized possession of firearms or explosives within USA YPG, Company work areas or facilities, or on Company jobs or assignments.

8. Deliberately damaging property or equipment, assault or battery.

9. Being restricted by the Government from entering the installation and facilities at USAYPG.

10. Unlawful gambling, while working or on the premises of the Company or government installations and facilities in violation of law or governmental regulations.

11. Engaging in lewd, lascivious or indecent conduct on the premises or while working or performing the duties assigned by the Company.

12. Insubordination.

13. Refusal or intentional failure to perform lawful assignments, tasks and directions of the Company.

14. Vending, soliciting or collecting contributions for any purpose whatsoever at any time on USA YPG and Company premises or while working or performing the duties assigned by the Company, unless authorized in writing by the Company and proper officials of USA YPG.

15. Leaving an assigned work area without authority and without notifying the supervisor during working hours.

16. Sleeping on the job during working hours.

17. Use of abusive language to a customer, government employee or representative, a supervisor, a Company or Union representative or official, or a fellow employee

18. Willful violation of Company or government safety rules and regulations while at work.

19. Defacing, altering or writing over (without authority) any general notices or bulletins, or posting unofficial notices (or bulletins) that are…