ATTACHMENT_7_CBA_FINAL.pdf

Agreement

Between

Bowhead Integrated Support Services, LLC

Letterkenny Army Depot, Pennsylvania

The International Association of Machinists and Aerospace Workers

And Its Industrial District Lodge 1, Local Lodge 321

For Employees Working at Letterkenny Army Depot, Pennsylvania

Effective: June 7, 2018

TABLE OF CONTENTS

ARTICLE PAGE

PREAMBLE 1

I GENERAL CONDITIONS OF CONTRACT 1

II UNION-COMPANY RELATIONS 8

III GRIEVANCE PROCEDURE AND ARBITRATION 9

IV SENIORITY 12

V EMPLOYMENT CONDITIONS 18

VI EMPLOYEE PRIVILEGES 23

VII PAY PROVISION 27

APPENDIX A 29

PREAMBLE

This Agreement is effective June 7, 2018, by and between Bowhead Integrated Support Services, LLC, hereinafter referred to as the "Company", and District Lodge No 1 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union."

ARTICLE I

GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

A. In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.

B. Any practice of the Company in the past not specifically set out herein is expressly eliminated as a subject for bargaining and during the life of this Agreement may not be raised for further bargaining or negotiations.

C. It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females.

D. This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives, provided, however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings may be made between the Company and the Business Representative and the Negotiating Committee that do not change or modify the Agreement and shall not require the ratification of the membership.

E. The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

F. Either party hereto shall be entitled to require specific performance of the provisions of the Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement

G. All sections of this agreement are “stand alone” requirements/instructions. The language will be read and interpreted based only upon the words contained in the specific section, unless referenced to another section or article within this agreement. Sentences, fragments, phrases, or words cannot be combined from multiple sections to create “new” language, requirements or procedures, place restrictions upon the bargaining unit employees, or modify any part of this agreement in any manner.

H. All sections that indicate a “written” requirement may be met through correspondence by mail or email, except where explicitly stated otherwise.

Section 2 - Recognition and Exclusive Representation

A. The Company recognizes the Union certified by the National Labor Relations Board (NLRB) (Case 05-RC-155394) as the exclusive representative of all employees stipulated in the Board’s Certification of Representation as follows:

B. All production and maintenance employees employed in the Employer’s Letterkenny Army Depot operation in Letterkenny, Pennsylvania, excluding all office clerical, managers, and supervisors.

Section 3 - Period of Agreement

A. This agreement shall be effective June 7, 2018 through June 30, 2021 and shall remain in full force and effect to and including and thereafter from year to year until modified, amended, or terminated, as hereinafter provided. Not more than seventy-five (75) days nor less than sixty (60) days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications or amendments.

The parties agree to schedule negotiations within fifteen (15) days after the giving of such notice.

In the event of a failure of the parties to reach agreement upon modifications or amendments to the Agreement by the anniversary date of this Agreement, either party at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

B. Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

C. Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Human Resources Director of Bowhead Integrated Support Services, LLC to the Company headquarters in Alexandria, VA for service upon the Company, and when similarly mailed, or delivered in hand, to Industrial District Lodge 1, in Philadelphia, Pennsylvania for service upon the Union. The date of receipt shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for all purposes under this Agreement. Such notices may also be made by email.

D. After the Company and Union negotiation committees have concluded negotiations of amendments and modifications to the Agreement, all such amendments and modifications must be accepted or rejected as a whole (without acceptance or rejection of parts thereof) by the Company and the Union.

Section 4 - Right to Manage

A. Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change, or combine work schedules, and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons;

to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

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

Section 5 – Separability

A. Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

B. The Company and the Union shall, within thirty (30) days, negotiate the provision of the

Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 6 - Strikes and Lockouts

A. It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the Letterkenny Army Depot community and that efficient and uninterrupted service must be furnished to those agencies who have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this agreement:

1) The procedure provided for herein, for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between the parties.

2) During the life of this Agreement, no work stoppages, strikes (including sympathy strike) or slowdown shall be caused or sanctioned by the Union, and no lockouts shall be made by the Company.

3) No rules, customs, or practices shall be permitted which limit production or increase the time required to do any work. There shall be no limitations or restriction of the use of machinery, tools or other labor - saving devices.

4) Any employee(s) individually or collectively, who shall cause or take part in any violation of this Article or any activities prohibited by this article shall be immediately discharged or subject to other disciplinary action as the Company may consider appropriate.

5) In the event of a violation of this Article, the Union (its officers, agents and members) collectively agree that it will use its best efforts to end such prohibited conduct, utilizing every possible means to include but not be limited to:

Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

a. Notifying all employees by mail that such prohibited conduct is unauthorized and in violation of the Agreement.

b. Requesting those violating this Agreement to return to work and / or otherwise fully comply with the terms of this Agreement.

6) Violation of this Article and any liability resulting there from shall not be excused or forgiven because the Union is engaged in any form of lawful or unlawful strike or other coercive activity against any other contractor. Nor because the employees covered by this Agreement engaged in any form of conduct prohibited by this Article in support of or in sympathy with the employees of any other employer who may be engaged in a strike or other form of coercive activity at these locations.

B. Stewards have no authority to take strike action, or any other action interrupting the Company’s business. The Company in so recognizing such limitation shall have the authority to impose proper discipline, including discharge, in the event a steward has taken unauthorized strike action, slow down, work stoppage, or any other actions in violation of this Agreement.

Section 7 - Security Regulations

A. The Union recognizes that the Company has certain obligations in its contract with the Government pertaining to security, and that security is vital to the Company and the Union in carrying on their part in the defense effort. Therefore, in the event that the Department of Defense, through its duly authorized representatives concerned with security, advise or have advised the Company that any employee in the Bargaining Unit covered by this Agreement is denied work on or access to classified information or material or the LAN system or general access, it is mutually agreed between the Company and Union that such employee shall be subject to any action as to his/her employment, including but not limited to termination, which the Company considers necessary for security reasons.

B. It is further understood that where a security clearance, CAC, and/or other installation access is required in order to perform work in any area covered by this bargaining unit, that issuance and retention of such security clearance, CAC, and/or other installation access shall be a condition of continued employment in that area. Such employee(s) shall be subject to investigation for access under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States government and shall cooperate fully with representatives of said agencies during the conduct of investigations. Failure to comply with the requirements for a clearance/CAC/installation access or denial or withdrawal of such access by such government agency shall be just cause for discharge, this includes adherence to the prescribed timelines. The failure of an employee to obtain and maintain a clearance, CAC or other required access will not be subject to Article III under this agreement.

C. The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations. The Company and the Union agree that classified information will be protected in accordance with government requirements. Only persons properly cleared and having need for access to such information as defined by applicable regulations will be authorized accessed. Questions for applicability shall be directed to the Installation Security office or the Company Facility Security Officer.

Section 8 – Non-Discrimination

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. The Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religion, creed, sex, sexual orientation, gender or gender identity, national origin, age, disability, military/veteran status, marital status, or genetic information.

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.

Section 9 - Union/Agency Shop and Check Off

A. Employees in the bargaining unit must as a condition of continued employment be either a member of the Union and pay Union dues or pay an Agency fee to the Union, but not both.

If such condition of employment is not met, the employee's employment shall be terminated in compliance with standards permitted by the N.L.R.B. and court decisions relating to Agency shop requirements. Neither party shall exert any pressure on or discriminate against an employee in regards to such matters.

B. Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the Company (with a copy to the Union) a Union Dues or Agency Fees Deduction Authorization as provided for in this Article that shall authorize the Company to deduct from the employee's pay an amount of money equal to the Union's regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly Union dues/Agency fees to be remitted to the Secretary- Treasurer of the Local Lodge designated by the Union, or pay directly to the Union an amount of money equal to the Union's regular and usual initiation fee or dues as certified by the Secretary-Treasurer of the Local Lodge designated by the International Association of Machinists and Aerospace Workers. It is understood that Union dues or Agency fees are due and payable on the first payday of each month. Employees electing to use the Union Dues or Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts Union dues or Agency fees from their paycheck on the first pay period of each month. Employees electing to pay their Union dues or Agency fees directly to the Union shall make Union Dues or Agency Fees payments to the Union by the end of the calendar day on which the employee is paid.

C. Any employee within the bargaining unit who is required to contribute to the Union as provided for in Paragraph (A) of this Section and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Section during the period of time such employee remains outside the bargaining unit or on layoff.

D. No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the Company's active payroll including layoff.

E. An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees to an authorized agent of the Union or pays through authorized payroll deductions the Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article.

F. Once the Union becomes aware of the employee's delinquency and the Union notifies the employee of the delinquency the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved the Union shall notify the Company and the employee and the Company shall discharge the employee on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.

G. Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union Dues or Agency fees directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees or reinstatement fees and Union dues or Agency fees, the Union will make refunds directly to such employees.

H. Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees Deduction Authorization has been received, beginning with the pay for the first full pay period in the month following of receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such Union dues or Agency fees deductions shall continue in like manner monthly (or bi-weekly in accordance with the pay cycle) thereafter, except as qualified in this Article.

1) Deductions shall be remitted to the Secretary-Treasurer of District 1 designated by the Union within 15 days following the first payday of each month. The Company will furnish the Secretary-Treasurer, at the same time, a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction.

I. The Union shall indemnify and hold the company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company for purpose of complying with any of the provisions of the article.

J. The company shall continue to recognize and accept the deduction authorization forms currently in use between the parties.

Section 10 - Non-Bargaining Unit Work

A. For purposes of this agreement it is understood that work assigned to the Company by the Letterkenny Army Depot is surge work that the Depot has identified as work that requires augmentation by the Company employees who support the permanent civil service workforce.

Bargaining unit work consists of this surplus work that is made available to the Company by the Letterkenny Army Depot for those classifications covered by this collective bargaining agreement as defined in the Recognition and Exclusive Representation section of Article 1 of this agreement.

Bargaining unit work does not cover the surplus work assigned to those classifications not covered in the Recognition and Exclusive Representation section of this agreement.

B. It is further understood that such work is available only as long as the Depot classes it as surplus work and continues to assign it to the Company. The Company does not determine the work that it is assigned or is not assigned.

C. Such assigned work as defined as bargaining unit work in A) of this section performed by exempt management or supervision personnel will be restricted to those requirements beyond the capabilities of bargaining unit employees or as provided in D) below.

D. Exempt Management/Supervisory personnel may perform work of employees covered by the

Agreement under the following conditions:

1) For the purpose of instructing and training employees.

2) Under emergency conditions.

3) In order to prevent injury to employees or damage to property.

4) When necessitated by security requirements.

5) When required for safety.

6) In circumstances which bargaining unit employees lack the technical ability to perform the work required and when work being performed is not used to avoid paying overtime or to displace a bargaining unit employee.

7) When the work being performed is incidental to job duties of a position which is not covered by this Agreement and is not used to avoid paying overtime or to displace a bargaining unit employee.

8) When required to maintain their personal qualifications and proficiency and when work being performed is not used to avoid paying overtime or to displace a bargaining unit employee.

Section 11 - Bargaining Unit Employees Assigned Lead Duties

A. The term “Lead” does not designate a job classification but identifies an employee who has additional assigned duties to assist supervisors/managers, assign tasks, coordinate schedules and oversee work performed by other bargaining unit employees within each work center and assists supervision/management in the resolution of performance and disciplinary issues.

B. Those designated as Leads will be determined by the Company. Selection of a Lead will be at the sole discretion of the Company and will be based on their leadership abilities, knowledge, skills, abilities, and ability to communicate effectively and will not be based solely on seniority.

Selection of Leads will not be subject to the grievance procedure. To ensure effective communication and coordination, the company will provide a ratio of one lead to twenty five employees.

C. In the event the Company exercises its right to remove a Lead from his/her duties, the employee may be returned to his original job classification if it still exists or exercise his/her displacement rights as specified in Article IV Section 1.

D. Bargaining unit employees operating as Leads will not administer disciplinary action to bargaining unit employees; however, they may be involved in an investigation that will require them to provide information to both internal and external parties in order to resolve the situation. They will be required to provide truthful testimony or statements in such cases. This could lead to possible disciplinary action taken against that employee. Leads refusing to participate in these investigations may be removed by the Company from their lead position and returned back to their original position if it exists.

E. An employee assigned to replace a Lead who is absent on vacation or for a temporary period may be selected and will be paid in accordance with this Article and Section G, as below. Upon return of the absent Lead, the temporary lead employee will be returned to his original status.

F. Employees in lead positions designated for a reduction in force shall have no recall or displacement rights into other lead positions.

G. “Leads” will be appointed by the Company and paid a lead premium as indicated in Appendix A in addition to the hourly base rate of their job classification; paid for all hours worked. Lead premium for Overtime hours worked will be calculated at one and one-half times the lead premium rate as indicated in Appendix A.

ARTICLE II

UNION-COMPANY RELATIONS

Section 1 – Officers and Stewards

A. Upon execution of this Agreement, the Union shall promptly furnish the Program Manager, in writing, the names of the Union Stewards, within three business days after an election. Thereafter, the Union shall promptly advise the Program Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification by the Union.

Duties of Stewards: Steward duties involve gathering information on alleged violations of the Agreement and processing grievances. The Steward, upon notification of the supervisor/manager, shall be authorized to devote up to three (3) hours per week to perform steward duties without loss of pay.

Duties of Officers: The Chief Steward is allowed up (5) hours per week to perform steward duties without loss of pay.

B. It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.

C. The Company and the Union will agree to the geographical scheme for stewards. The number of Stewards will not exceed 1 percent of the total workforce population as calculated from January to December, and adjustments to the number of Stewards will be effective January 1st of the year following; this number includes the Chief Steward.

D. The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

E. The Steward shall notify his/her supervisor before leaving his/her work station, reporting back to his/her supervisor/manager upon return to his/her work station. Operational necessity may require the Steward to remain at their workstation but the supervisor should in no way unduly deny such requests.

F. The Company agrees to notify the Union prior to the implementation of new policies that directly affect this agreement

G. A Steward shall not cause any unauthorized acts described in the No Strike-No Lockout Article of the Agreement. The Company shall have the authority to impose proper discipline, including discharge, in the event a Steward or Chief Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.

H. Stewards and Chief Steward will have super seniority.

Section 2 - Business Representatives and Union Officials

A. Prior to entering the Company’s operations, the Business Representative(s) shall notify the Program Manager or his designee of the date and time he will be at the facility and the work areas he wishes to contact. Such visits shall be subject to such regulations as may be made from time to time by the Company, the Letterkenny Army Depot and other Government Agencies. Site visits by the Business Representative(s) shall not be unreasonably denied. The Union understands that access to the government facility is under the government’s control.

B. It is agreed that the Company shall not be required to pay an employee for any time that they are taken away from their work to serve the Union in any official capacity or to serve on any Union Committee. All requests for more than four (4) hours or a full day must be requested (using the standard Bowhead leave request form) as soon as known but no later than 10 business days prior to the day of event.

Section 3 - Bulletin Boards and Posting Notices

The Company will provide a bulletin board for the posting of Union notices within the company designated office. The Company will also work with the government to try to obtain space for the Union to place bulletin boards within the other government areas. Only notices pertinent to the Union at Letterkenny Army Depot (notices concerning Union meetings, Union elections, results of Union elections, etc.), which have been authorized by a designated Union official, will be posted. Notices must be provided to the Company's Program Manager, or his designee prior to posting.

Section 4 – Information Provided

A. The Company will furnish to the Chief Steward upon request, but not more than every thirty (30) days, two (2) copies of the seniority list. This list will show the employee’s rate, classification, shop, and date of hire.

B. One copy of the seniority list will be retained in the Human Resources office.

C. Within five (5) days of the end of each month, the Company will furnish the Chief Steward, copy to the Secretary-Treasurer, a list of employees hired during that month in a mutually agreed to format.

D. Within five (5) days of the end of each month, the Company will furnish to the Chief Steward, copy to the Secretary-Treasurer, a list of employees laid-off during that month in a mutually agreed to format. Information will be provided on why any employee is off the list and not paying dues.

E. The Company will furnish to the Chief Steward upon request, but not more than every thirty (30) days, a list of temporary transfers.

F. The Company will furnish a current and subsequent Statement of Work.

ARTICLE III

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definition of Grievance

A. "Grievances" shall mean, and be limited to disputes of differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management, Supervision, Shop Steward, and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the steps set forth in Section 2 of this article.

B. All grievances beginning at Step 1 involving employee claims shall be in writing on a grievance form mutually agreed upon by the Union and the Company. The grievance shall be signed and dated by the grieving employee(s) and shall set forth a complete statement of the grievance, the specific provision(s) of the Agreement claimed to have been violated, the facts on which it is based, and the corrective action desired. In an effort to resolve employee grievances by mutual agreement, they shall be presented in the following time limits:

Section 2 - Grievance Procedure

A. The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor/manager and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should meet with the appropriate supervisor/manager in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue.

B. Once an employee has received a verbal or written response from his/her immediate supervisor/manager and does not agree with the answer he/she receives, the following procedure must be followed in an effort to settle grievances.

1) STEP ONE - The grievance must be reduced to writing by the employee or Shop Steward on a form mutually agreed to by the parties. Such written grievance shall set forth the complaint and remedy sought, the facts on which it is based, the date(s) of occurrence, the specific Article(s), Section(s) and paragraph(s) of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement, shall be dated and signed by the grievant and the Shop Steward. Any grievance must be presented to the local Human Resources representative and/or the Program Manager within five (5) working days from the date the employee received a verbal or written response from his/her immediate supervisor/manager. If the employee or Shop Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. The local Human Resources Representative, Program Manager, and the immediate supervisor/manager shall meet with the Shop Steward and the grievant in an attempt to resolve the matter and render a written decision thereon within five (5) working days after receipt of the written grievance. The employee or Shop Steward may amend the grievance for clarification purposes and the Company may amend its answer prior to the Company’s written decision. Amendments to the grievance after the written decision has been rendered shall be made only by mutual agreement. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Company fails to provide a written response within this time limit, the grievance shall be advanced to the next step at the option of the Union.

2) STEP TWO - If not satisfactorily settled as outlined in (1) above, the written grievance may then be presented to the Company General Manager or Operational VP no later than five (5) working days after receipt by the Steward of the decision rendered in (1) hereof. Otherwise, such decision shall be final and the employee shall have no further recourse. The General Manager or their designee shall meet with the Business Representative and the Chief Steward or their designee in an attempt to resolve the matter and render a written decision thereon within seven (7) working days after receipt of such appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed.

If the Company fails to provide a written response within this time limit, the grievance shall be advanced to the next step at the option of the Union.

3) STEP THREE- If not satisfactorily settled as outlined in (2) above, the written grievance may then be presented to the Director of Human Resources or their designee no later than five (5) working days after receipt by the Steward of the decision rendered in (2) hereof. Otherwise, such decision shall be final and the employee shall have no further recourse. The Human Resources Director or their designee shall meet with the Business Representative and the Chief Steward or their designee in an attempt to resolve the matter and render a written decision thereon within ten (10) working days after receipt of such appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Company fails to provide a written decision within this time limit, the grievance shall be advanced to arbitration at the option of the Union.

C. It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.

D. The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employees in order to eliminate the need for multiple filings of grievances.

E. Grievances arising out of a discharge or suspension without pay shall be submitted directly to step two described in (B) (2) herein. An employee who is suspended pending the results of our investigation and who is subsequently exonerated of any wrongdoing, shall receive full pay and benefits for the term of the suspension, their work record expunged and seniority restored. If the suspension is at the request of the government then back pay will not be provided.

F. Questions of interpretation on any provision of this agreement shall be made by at least one member of the negotiating committee of each party. Disputes of interpretations by these parties shall follow the appropriate grievance procedure outlined in Section 2 of Article III.

G. The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

Section 3 – Arbitration

A. A grievance which either party desires to contest further, and which involves the interpretation or application of the terms of this Agreement, shall be submitted to arbitration as provided in this Article, but only if the Union gives written notice to the Company of its desire to arbitrate the grievance within ten (10) working days of the receipt of the decision provided in the step described in Article III, Section 2 (B) (3) or the grievance shall be deemed waived.

B. Upon notifying the Company of its desire to arbitrate a grievance, the Union shall also notify the Company of its representative who will present the case in arbitration. The Company shall notify the Union of its representative within ten (10) days thereafter. Each of the parties' representatives shall have authority to discuss between themselves the possible settlement and compromise of the grievance, but in any event must proceed to arbitrate the matter as provided hereinafter within forty-five (45) days after the Union's appeal to arbitration if no settlement has been reached by that time. This time limit may be extended by mutual consent of both the Union and the Company.

C. If the two parties' representatives are unable to reach a settlement, they shall immediately jointly request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service. The request shall be for a list of seven (7) qualified arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

D. The parties' representatives shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement that states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

E. The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness(s) shall be borne by the respective party.

F. This Agreement constitutes a contract between the parties that shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. The arbitrator’s decision shall be final and binding.

ARTICLE IV

SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

Seniority shall be defined as an employee’s length of service and will be controlling in all instance of layoffs, recalls, preference of shift and in the filling of temporary transfers, full time vacancies, and TDY both within and between classifications contained in this Collective Bargaining Agreement. In accordance with applicable provisions contained within this agreement.

A. Probationary Period

All employees shall be considered probationary employees for the first ninety (90) calendar days of active employment. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will be a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the ninety (90) day probationary period are not subject Article III of this Agreement.

B. Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the same Federal facility.

C. When two (2) or more employees have the same site or Company seniority date the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

D. Part-time or temporary employees are not eligible for any contractual seniority rights.

E. Rehire Seniority - Employees who may be rehired onto the contract will have their site seniority date based upon their date of rehire.

F. Seniority will be based on an employee’s initial hire date and cannot be changed by layoff or recall from layoff.

Section 2 – Layoffs At the time the Letterkenny Army Depot has instructed the Company to reduce the number of employees, the Company will determine the final number required for lay off and effect a reduction in force. Because of the short notice the government customer provides to the Company of their expected effective date, the Company and the Union will meet to work together on the layoff plan. The layoff will be accomplished within the required government mandated time frame. The Company and the Union agree that the prescribed method of laying off employees in the job classifications contained in the CBA will be followed when there is a reduction in force.

1) Part-time and/or temporary employees in the affected job classification shall be reduced from the payroll prior to the displacement of any full-time employee in that job classification.

2) All employees in the affected classifications will be given the opportunity to take a voluntary layoff. The employees will be polled by seniority for this opportunity by their team lead or supervisor. The employee must make their choice immediately and in writing. Individuals who take a voluntary layoff may refuse recall once during the term of the layoff and maintain their position on the recall list, however upon a second refusal will be moved to the bottom of the seniority list for recall in their corresponding job classification. A subsequent refusal to recall will result in loss of seniority and employment.

3) After voluntary layoffs are verified, the junior individuals designated for layoff in the appropriate job classifications will be identified by the Company and confirmed by the Union.

4) If mutually agreed that the proper employees have been designated for the layoff and an error is subsequently discovered, the proper employee or employees will be returned to work immediately and the Company will not be responsible for back wages or benefits.

5) Individuals identified in item #3 above may have rights to bump individuals in lower classifications. These bumps will occur only if the individual has held the job classifications previously at LEAD and successfully completes the pre-determined certification testing required by the Depot.

6) In the event that employees are recalled into the higher job classification, the employee who moved into a lower job classification will be placed into the higher job classification vacancy for which he/she is qualified without regard to the provisions of the promotion language in this agreement.

7) Any employee on a temporary duty assignment outside of Letterkenny Army Depot will not be subject to layoff until he/she returns from the temporary duty assignment.

8) Team leads maintain seniority within their skill classifications in the bargaining unit.

Section 3 - Temporary Transfers

The transfer of personnel from one cost center to another will be only used on a limited basis not to exceed one-hundred eighty (180) days. The Company and Union may mutually agree to extend that period by sixty (60) cumulative days. The Company will not transfer personnel solely to avoid payment of overtime in any shop/section. The individual being transferred must meet qualification requirements of the job description. The position will be filled in order of seniority. If there are no volunteers, the least senior employee will be assigned.

Section 4 - Recall Rights

A. An employee, who is on permanent lay off in accordance with Section (2) of this Article, shall retain recall rights in accordance with their site seniority.

B. Whenever there is a recall to any classification contained in this Collective Bargaining Agreement this prescribed method will be followed to fill the available positions by classification in any and all cost centers.

1) To the same job classification held at the time of layoff.

2) To a lower paid job classification in an open job assignment for which the laid off employee is deemed to be qualified to perform. Qualified to perform is identified as having prior experience in the job classification and the successful completion of the skill evaluation test as required in our contract with the customer. It is the employee’s responsibility to notify the Company of their intent to be recalled into another skill classification.

3) Senior individuals in the affected classification that are on the premises who have a shift preference for an available shift in the affected cost center may request a transfer to that vacant position.

4) This procedure will be cycled until all positions in the classification and cost center have been filled.

5) In the event that there are individuals on the recall list that are senior to individuals in the affected classifications on the premises, the most senior individuals will be given first consideration for their shift preference notwithstanding the fact that they are being recalled from the layoff list. This consideration would occur only in the case of senior employees who have taken a voluntary layoff.

C. Employees who have been permanently laid off shall retain the recall rights mentioned herein for a period not to exceed twenty-four (24) consecutive months from the date of layoff. Employees demoted to a lower paid position due to a reduction in force shall retain the recall rights mentioned herein for the same recall period.

All Bowhead employees on layoff in good standing during the last 12 months at the effective date of this contract will have recall rights back to the bargaining unit to the classifications that were held prior to their layoff from LEAD. Once laid off employees have exhausted the 12 month time frame, they will be removed from both the recall list and the seniority list and no longer have employment rights within the company

D. Recall Notification

Due to the extremely time sensitive requirements that the Letterkenny Army Depot places upon the Company to staff and re-staff open positions, a recalled employee must respond within 48 hours after the Company’s documented attempt to contact the recalled employee and must report to work within 5 working days. The Company will attempt to call the employee at the last number provided by the employee to the Company and to send notification by email. The Company will make a reasonable effort to allow for a reasonable notice, not to exceed two (2) weeks, to be given to their current employer. If the employee identified for recall is unavailable to be contacted by phone or email then he loses his/her recall rights.

E. Telephone Number and Email Address on File

The Company will contact the recalled employee by phone at the telephone number the employee has on file as well as by email. It is the employee’s responsibility to insure that the Company has his/her most current contact information.

F. Contact Information Requirement

Each laid off employee shall keep the Company Depot Administrative office informed in writing (email will suffice) of the employee's current mailing address, email and telephone number. Notice by the Company to the employee's phone number, email and mailing address of record, listed with Human Resources, shall be considered as fulfilling the recall notice requirements. An employee failing to comply with the provisions of this section shall be considered as having voluntarily resigned from the service of the Company.

Section 5 - Loss of Seniority Seniority shall be lost and employees shall have their names stricken from the seniority list under any of the following circumstances:

1) Discharge for just cause

2) Resignation

3) Failure to respond to recall notification within the time frame established in this agreement.

4) Failure to be recalled from general layoff within twenty-four (24) months after such layoff.

5) Failure to report to work upon expiration of an approved leave of absence.

6) Accepting other employment while on an approved leave of absence.

7) Unexcused absence from work for a period of three (3) consecutive workdays.

8) Is barred by the customer's written order or whose security clearance and/or access has been revoked and is not legally reinstated. This paragraph is subject to the conditions noted in the "Security" Article.

9) Refusal by an employee to take a drug test directed by management, positive test results,…