PATCO-DCSI_CBA_2018_Signed_.pdf

Master

COLLECTIVE BARGAINING AGREEMENT

(CBA)

Between

Professional Air Traffic Controllers Organization, Inc.

(PATCO)

And

Defense Contract Services, Inc.

(DCSI)

May 16, 2018

ARTICLE 1

PARTIES TO THE AGREEMENT

Section 1. This Master Agreement is made between the Professional Air Traffic Controllers Organization, Inc., (hereinafter referred to as PATCO or the Union) and Defense Contract Services, Inc., (DCSI) (hereinafter referred to as the Employer). PATCO and the Employer are herein referred to collectively as “the Parties”.

ARTICLE 2

UNION RECOGNITION RIGHTS

Section 1. The Employer hereby recognizes PATCO as the exclusive bargaining representative for each certified, single facility bargaining unit of full time and regular part time air traffic control specialist employed at the air traffic control towers identified in Appendix I of this Master Agreement pursuant to the Section 9(a) of the National Labor Relation Act. If PATCO is certified as the exclusive bargaining representative for an additional facility or facilities, such facility or facilities shall automatically be covered by this Master Agreement.

Section 2. PATCO shall designate one principal Union facility representative at each facility. The name of the facility representative shall be submitted in writing to the ATM. The ATM shall be notified in writing within 10 days of any changes in the facility representative. In addition, the right of this principal facility representative to assign in writing a designee in his absence will be accepted by the Employer. The employer hereby recognizes and agrees to work with the PATCO facility representative on matters contained in this agreement.

Section 3. The PATCO Designated Facility Representative shall be allowed up to fifteen (15) minutes in the facility for orientation of new facility employees to explain the role and responsibilities of the Union.

Management shall schedule this time as part of the new employee’s processing into the facility.

Section 4. PATCO shall retain and be guaranteed all rights as per the United States Constitution, State or Commonwealth and any and all Federal Laws that are applicable.

Section 5. The Employer and or designees at the corporate level in the spirit of cooperation, hereby agree to meet with PATCO national officers and or designees at mutually agreeable times and locations.

Section 6. The Union National President or Designee shall be permitted to visit facilities where PATCO is the exclusive representative of the controller personnel upon the approval of the government operated facility and in accordance with established guidelines and regulations.

ARTICLE 3

EMPLOYER RIGHTS

Section 1. Subject to the terms of this Agreement, the Parties recognize that the management of the Company, the control and regulation of the use of all business equipment and property, the direction of the workforce, the formulation and enforcement of rules related to the conduct of the business, and the determination of all services, processes and standards required by a contractual customer are vested exclusively with the Company. Bargaining units will not be utilizing any company equipment. All equipment utilized in the performance of their duties is government furnished and owned. The Union further recognizes the rights of the Employer to operate its company and to manage its operations and to plan, direct, and control the policies and conditions of employment of its employees.

ARTICLE 4

EMPLOYEE RIGHTS

Section 1. Employees shall have the protection of all rights as guaranteed by the United States Constitution, State or Commonwealth and any or all Federal Laws, Rules or Regulations.

Section 2. All employees of the bargaining unit shall have the right, freely and without fear of penalty or reprisal, to form, join, and assist the Union, and each employee shall be protected in the exercise of this right.

Section 3. In any investigation of an administrative nature conducted by the Employer the employee who is the subject of said investigation shall have the right to a Union representative if available while being questioned. If the union representative is unable to be physically present during such meetings, listening via teleconferencing shall be permitted if the employee so desires.

Section 4. No employee shall have disciplinary action taken against them because of an occasional debt complaint, and the Employer shall not assist the creditor in collecting the debt without a court order so stating or as otherwise required by law.

ARTICLE 5

UNION REPRESENTATION

Section 1. When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary, or potential disciplinary situation, the employee and Union shall be notified of the subject matter in, and the employee shall have the right to Union representation.

Section 2. If requested by the employee under section 1, teleconferencing shall be allowed if the Union is unable to be physically present at any such meetings.

ARTICLE 6

DISPUTE SETTLEMENT PROCEDURES

Section 1. The Parties recognize that the traditional methods of disputes are not always the most efficient. The Parties also recognize that early, open exchange regarding any complaint/ concern at the earliest stages reduces the use of more cumbersome, adversarial dispute resolution procedures.

Therefore, the Parties agree to use informal problem solving when possible incorporating the provisions of this section before resorting to a formal grievance procedure. The following procedure shall apply to informal problem solving:

(a) When a complaint / problem / concern arises, the employee, Union or Employer may notify the other affected Party of the complaint, problem or concern within five (5)days of the event or discovery of the event giving rise to the complaint / problem / concern and try and resolve the issue informally by mutual agreement. A meeting shall be held as soon as practicable but no later than five (5) days. Those in attendance will include the affected employee the Union Facility Representative and the Facility Manager.

(b) Any agreed to resolution shall fully resolve the complaint/problem/concern.

(c) In the event the Parties are unable to resolve the issue within ten (10) days of the meeting the employee or the Union may grieve the issue in accordance Section 2 of this Article.

Section 2. A grievance is defined as any complaint by a unit employee or the Union concerning a claimed violation of this Agreement, or Employer personnel policies or regulations affecting conditions of employment.

This procedure does not cover any other matters for which statutory appeals procedures exist. Any employee, group of employees, or the Union may file a grievance under this procedure. The Parties shall cooperate to resolve grievances at the earliest possible time and at the lowest possible supervisory level. The right of individual presentation does not include the right of taking any matter to arbitration unless the Union agrees to do so.

Employees shall have the right to be assisted by the Union in the presentation of grievances. Any employee or group of employees covered by this agreement may present grievances and have them adjusted, without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of the agreement and the Union has been given an opportunity to be present and given a copy of the grievance at the adjustment.

Section 3. Grievances filed by an Employee/s at the facility level.

Step 1. An aggrieved employee or the Union shall submit a grievance, in writing, to the Facility Manager within five (5) days of the event giving rise to the grievance or within ten days of the time the employee may have been reasonably expected to have learned of the event. The grievance shall be submitted on the standard grievance form and shall contain the name of the grievant, the alleged violation, the corrective action desired, the name of the Union Representative and whether the employee wishes to make an oral presentation. Failure to provide all of the information listed above will result in the grievance being returned for completion. The time limit will continue to run during the period the grievance is returned. If requested, the Facility Manager shall, prior to making a decision, afford the employee and/or the Union Representative an opportunity to present the grievance orally. The employee and his Union representative shall be given a reasonable amount of official time to present the grievance if they are otherwise in a duty status. The Facility Manager shall deliver the decision to the employee or the Union Representative as appropriate within twenty (20) days following receipt of the written grievance or within twenty (20) days following the presentation, whichever is later. The decision shall be delivered either by mail, return receipt requested, or personally delivered.

Step 2. If the employee and/or Union is not satisfied with the decision, the Union may within five (5) days following receipt of the decision or the day after the answer was due, advise the President or his/her designee at the Corporate level of the Employer, of notice to appeal the matter. Appeals to the President/designee shall be submitted by the Union, in writing, and shall include copies of the original written grievance, Manager's decision, and the decision of the Area Manager. If the Union so requests, a meeting with the President/designee shall take place within fifteen (15) days following receipt of the appeal. The President/designee shall within fifteen (15) days of the Union notice to appeal or within fifteen (15) days after a request for a meeting was requested, shall deliver to the Union the Employers final written decision.

Step 3. If the Union is not satisfied with the decision of the President/designee of the Employer, the Union may within five (5) days, notify the President that it desires the matter be submitted to arbitration. Within fifteen (15) days after receipt of the request, an arbitrator shall be selected from the panel by the Parties by alternately striking names until one remains with the choice of first strike determined by the flip of a coin or as otherwise mutually agreed. The arbitrator’s fees and expenses of arbitration shall be borne equally by the Parties. If a verbatim transcript of the hearing is made and either Party desires a copy of said transcript, the Party will bear the expenses of the copy or copies they obtain. The parties shall share equally the cost of the transcript, if any, that is supplied to the arbitrator.

a) The arbitrator shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine other issues not so submitted to him. In disciplinary cases, the arbitrator may vary the penalty to conform to his decision.

b) Failure of a grievant to proceed with a grievance within any of the time limits specified in this Article shall render the grievance void or settled on the basis of the last decision given by the Employer, unless an extension of time limits been agreed upon.

c) Failure of the Employer to render a decision within any of the time limits specified in this Article shall entitle the grievant and or the Union to progress the grievance to the next step without a decision.

Section 4. The parties may mutually agree to mediation through the FMCS prior to arbitration in an attempt to resolve grievances.

Section 5. National Grievance Procedure:

Step 1. In the case of any grievance which the Union at the National level may have against the Employer at the Corporate level, or which the Employer at the Corporate level may have against the Union at the National level, the moving Party shall at that level submit the grievance to the other Party in writing within twenty (20) days of the time the moving Party may have been reasonably expected to have learned of the event and shall provide the following:

The facts upon which the grievance is based.

(a) The corrective action sought

(b) If an oral presentation is requested.

Step 2. The responding Party shall answer the grievance in writing within twenty (20) days following the date the grievance was received. If the moving Party is not satisfied with the answer, the matter may be referred to arbitration as per Section 3 Step 3 of this Article.

ARTICLE 7

DISCIPLINARY AND/OR ADVERSE ACTION

Section 1. This Article covers actions involving written admonishments, written reprimands, suspensions, removals, and/or reductions in pay.

Section 2. An employee shall not be discharged, suspended, or otherwise disciplined, nor entries made against the employee’s service record without just cause. Disciplinary actions shall be determined on the merits of each individual case. Normally disciplinary action taken by the Employer shall be progressive, corrective, and remedial in nature so as to address specific conduct. The Employer shall consider whether the problem can be resolved through such corrective action as closer supervision, admonishments, or oral reprimand, prior to initiating formal disciplinary action.

Section 3. No employee shall be disciplined to the extent of loss of pay or discharged without being advised in writing of the precise charge, or charges, preferred against the employee leading to such action. This notice shall be presented directly to the employee within ten days from the time the Employer may have reasonably expected to have learned of the event upon which such charge, or charges, is based.

Section 4. An employee against whom action is taken under this Article and their Union representative shall have the right to review all of the information relied upon by the Employer to support the action and shall be given a copy upon request.

Section 5. Letters of confirmation of discussion shall not be considered disciplinary in nature, and shall not be used to document future disciplinary actions. The letters of confirmation of discussion shall be completed as soon as practicable after the event.

Section 6. Records of disciplinary action will normally be expunged from the employee’s service record not later than one (1) year from the date of the action, but not later than 30 days after the one (1) year anniversary of the disciplinary action.

ARTICLE 8

CHANGES IN AGREEMENT AND PAST PRACTICES

Section 1. It is expressly understood by the Employer that there shall be no changes in policy affecting the terms and working conditions of bargaining unit employees without prior notification and approval of the Union. The Employer at the corporate level shall notify the Union at the national level reasonably in advance and, if requested by the Union, enter into negotiations over the proposed change in accordance with the National Labor Relations Act as amended.

ARTICLE 9

DUES CHECK-OFF

Section 1. The Employer agrees to deduct Union dues from an employee’s wages uniformly and lawfully levied by PATCO and to remit same to PATCO on a monthly basis, to the address designated by the Union, not later than the end of the month following the month in which they are withheld, provided that the employee executes the dues signed withholding form provided by the Union. There shall be no charge for this service.

Section 2. All deductions of dues provided for in this Agreement shall be automatically terminated upon separation of an employee from the bargaining unit.

Section 3. The Union indemnifies and holds the Employer harmless from any and all claims of wrongful withholding of dues.

ARTICLE 10

SENIORITY

Section 1. Bargaining unit seniority is defined as the length of continuous service at the Contract Tower facility commencing from the earliest date of hire Consistent with the Service Contract Act, employees shall be given full credit seniority for all service with all previous predecessor contractors at the facility without a break in continuous service. Should more than one employee have the same seniority date, the ranking of bargaining unit seniority shall be determined by the length of service at the current facility. In situations that do not break a tie, seniority shall be determined by an employee’s control tower operator (“CTO”) certification; the employee facility certified for the longest amount of time being deemed the more senior. If facility certification date is also the same, the employee with the greatest number of years as an air traffic controller will be deemed more senior.

Section 2. New employees shall be considered probationary for a period of sixty (60) days from the date of hire. During such probationary period an employee may be terminated at the discretion of the Company and shall not have access to the grievance and arbitration procedures as defined by this Agreement.

Section 3. Any employee covered by this Agreement who resigns from the service of the Company shall lose all seniority rights accrued to the date he or she leaves the service of the Company. If such employee is later re-employed by the Company, seniority shall begin on the date of re-hire.

Section 4. Seniority shall be the sole primary determining factor in all matters such as but not limited to selection of vacation time, watch schedule, days off, Holidays, etc.

Section 5. The selection of the bargaining unit employees as the Alternate Tower Manager shall be based on seniority, subject to qualifications as contained within the PWS, and approval of the Government. If no bargaining unit employee volunteers and or qualifies for the position, as described in the PWS and approved by the Government, the Company will advertise the position locally.

ARTICLE 11

CONTROLLER PERFORMANCE

Section 1. The Parties recognize that each employee is responsible for ensuring that their performance conforms to established standards, and the employee ensures that they are certified. In the event of a difference of professional opinion between any employee and the Manager the employee shall comply with the instructions of the Manager. In such situations, the Manager shall assume all responsibility for the decision and the employee shall be immune from any action, disciplinary or otherwise, which might otherwise result from complying with the Manager’s instructions.

Section 2. In the event a Manager relieves an employee from the employee’s operational position because of alleged unacceptable performance of duty, the Manager will provide, upon request of the employee, a written explanation of the reason(s) for the action as soon as practicable but no more than fourteen days. The written notice explanation is not a notice of proposed action, disciplinary or otherwise.

ARTICLE 12

WATCH SCHEDULE AND SHIFT ASSIGNMENTS

Section 1. Basic watch schedule is defined as the days in the week, hours of the days, rotation of shifts and changes in regular days off. In developing or changing the basic watch schedule, the Air Traffic Manager, in good faith, shall consider ideas and recommendations that may be presented by the local Union Representative.

Section 2. Assignments to the watch schedule shall be by seniority. The watch schedule at ECG will normally be posted six months in advance or for a longer period where conditions permit. The watch schedule at BIF will normally be posted one (1) month in advance or for a longer period where conditions permit. The Employer recognizes that changes of individual assignments to the watch schedule are undesirable, and therefore, the Employer shall make reasonable efforts to avoid such changes. The Employer shall use the following alternatives prior to making the change:

a) Overtime work to bargaining unit employees.

b) Mutual swaps between bargaining unit employees during the same workweek and employees don’t exceed 40 hours.

c) Air Traffic Manager

Section 3. The basic watch schedule shall normally be projected and posted at least six (6) Months in advance with the exception of special circumstances like scope increases, emergency situations, or other requirements.

ARTICLE 13

VOLUNTARY CHANGES IN SHIFT AND REGULAR DAYS OFF

The Air Traffic Manager shall approve the exchange of shifts and or days off by employees of equal qualifications provided the exchange does not result in overtime, violation of the basic workweek or applicable laws.

ARTICLE 14

POSITION ROTATION

Section 1. Staffing permitting employees shall not be required to work an air traffic control operational position for more than two consecutive hours without a paid break.

Section 2. Bargaining unit employees shall be provided a 30-minute uninterrupted paid meal break.

Employees will schedule breaks and meals around aircraft traffic and mission requirements.

ARTICLE 15

WAGES, HOURS AND COMPENSATION

Section 1. The Parties agree that bargaining unit employee’s hourly base wage shall be as specified in Appendix II. It is further agreed that future wages increases shall take place each year thereafter as negotiated and shown in said Appendix II.

Section 2.

a) The Parties hereby agree that it is desirable that full-time employees shall be scheduled as close to 40-hours a week as practical.

b) Full-Time – an employee who works 32-hours a week or more on a regularly scheduled basis.

c) Part-Time – an employee who works less than 32-hours a week on a regularly scheduled basis.

d) Part-time employees will be scheduled to work at least one shift between Monday through

Friday during the month.

Section 3. Bargaining unit employees who work between the hours of six o’clock pm and six o’clock am shall receive 1.1 times the employee’s hourly rate of pay for each hour worked after six o’clock pm and before six o’clock am.

Section 4. Bargaining unit employees that work on Sunday shall be paid at their rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work that is not considered overtime.

Section 5. Each employee shall receive a statement of earnings and deductions for all pay periods.

Information to be contained on the statement shall include pay period ending date, hours worked, differential, overtime, vacation leave total to date, gross and net pay, number of hours worked during current pay period with applicable deductions.

Section 6. No bargaining unit employee will be required to train or provide on-the-job training to trainee Air Traffic Control Specialist. However, when a bargaining unit employee is asked to and agrees to provide said training, they shall receive 10% their hourly wage rate for each hour training is provided.

Section 7. Employees utilizing the electronic timekeeping program may elect to have their wages, or portion(s) thereof directly deposited in up to one (1) different checking or savings accounts. Requests for direct deposit must be submitted in writing to the Company and provide all necessary information.

There shall be no processing fee to the employee for the direct deposit service.

Section 8. Part-time Benefits:

• Federal holiday pay is pro-rated based on the number of hours worked in the previous workweek prior to the holiday;

Example o An employee works 10 hours during the week preceding July 4, a designated holiday. The employee is entitled to 10/40 of the holiday pay to which a full-time employee is entitled (i.e., 10/40 times 8 = 2 hours holiday pay)

• Vacation is pro-rated from the total hours worked in an employee’s anniversary year; Example o A part-time employee works 520 hours during the 12 months preceding the employee’s anniversary date. Since the typical number of non-overtime hours in a year of work is 2,080, if a full-time employee would be entitled to one week (40-hours) paid vacation under the applicable fringe benefit determination, then the part-time employee would be entitled to 520/2,080 times 40 = 10 hours paid vacation

ARTICLE 16

HEALTH AND WELFARE /SICK/PERSONAL DAYS

Section 1. The Parties agree that bargaining unit employee’s Health and Welfare wage shall be as specified in Appendix IV and shall include all hours paid Ft. Bliss employees are paid into the company 401(k) plan.

It is further agreed that future wages increases shall take place each year thereafter as negotiated and shown in said Appendix IV.

Section 2. The Employer shall provide from Employer Seven (7) Sick/Personal Days of paid leave to be added to the employee’s leave balance during the first pay period of the calendar year. Unused Personal Days leave from this source may be cashed out at the end of each year, or carried over to a maximum of three (3) days. Those employees who currently maintain over the maximum carry over limit, will be grandfathered until such time they fall within guidelines. However, their current maximum may not exceed 100 hours carried over. (Prorated based on hours paid for part time employees)

ARTICLE 17

RETIREMENT PROGRAM

Section 1. The Employer shall make its current 401K retirement plan currently in place available for bargaining unit employees, that voluntary elect to participate in said plan.

ARTICLE 18

OVERTIME

Section 1. In addition to all entitled differentials, an employee shall be paid for overtime worked at one and one-half (1½) times their basic hourly rate for all hours worked in excess of forty (40) hours in one week, based on a Sunday through Saturday time period.

Section 2. Overtime shall be paid to employees in accordance with applicable Federal, State, and Commonwealth laws.

Section 3. When an employee is held on duty beyond their regular shift, they shall be guaranteed a minimum of two (2) hours of work. (Provided Overtime is not incurred)

Section 4. If an employee is called in to work on his scheduled day off, the Employer shall guarantee the employee a minimum of two (2) hours of pay.

ARTICLE 19

VACATION PAY/ LEAVE

Section 1. Vacation shall be as provided for in Appendix III.

Section 2. Employee’s anniversary date (and each anniversary date of employment thereafter) is the reference point for vesting of vacation eligibility. Employees may take any portion of their vacation leave, in thirty (30) minute increments per occurrence, provided no overtime is incurred.

Section 3. Vacations are applicable for all Full Time employees and are prorated for Part Time employees.

Section 4. The Employer shall strive to provide bargaining unit employees the opportunity to take up to two (2) consecutive weeks of vacation leave during the year based on availability of the schedule. Once approved, the Employer shall not cancel vacation leave except at the request of the employee with the exception of a Declared National emergency or disaster which jeopardizes the security or mission of the Tower.

Section 5. When more than one equally qualified employee requests the same vacation leave, and when the Manager is not able to grant all of the requests, the employee with the greater seniority shall have the first opportunity to take the selected vacation.

Section 6. In the event the employee retires, quits or is removed from service by the Employer, that employee shall be paid all unused vested vacation hours at the current rate, less applicable deductions, garnishments and liens, if any.

ARTICLE 20

HOLIDAY PAY

Section 1. Holidays are applicable for all Full Time employees and are prorated for Part Time employees. Each employee shall be paid for the following ten (10) Holidays: New Year’s Day, Martin Luther King JR’s, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

Section 2. If a full-time employee works on a holiday, they shall receive not to exceed a maximum of ten

(10) hours of holiday pay. Holiday pay shall be in addition to the employee's base rate and any applicable differential and overtime pay in accordance with the wage determination rules and regulations. If a part-time employee works on a holiday, they shall receive the holiday pay for each hour worked not to exceed a maximum of ten (10) hours in addition to the employee’s base rate and any applicable differential and overtime pay in accordance with the wage determination rules and regulations.

Section 3. If a holiday falls on a full-time employee's regular day off, the employee shall receive eight (8) hours of holiday pay for that day in accordance with the law.

Section 4. If a holiday falls during a full-time employee's scheduled vacation, the employee shall receive eight (8) hours of holiday pay for that day in lieu of vacation in accordance with the law. (Pro-rated for part-time employees)

ARTICLE 21

POSITION DESCRIPTION

Section 1. The Employer shall provide each bargaining unit employee a position description that accurately reflects the duties of the employee’s position as an air traffic controller.

Section 2. It is understood that Air Traffic Controllers duties include a multitude of functions and certifications in addition to applying required separation standards between aircraft, i.e., performing aviation weather observations and reporting, providing pilots with information such as airport/runway conditions, operating status of navigational aids and observed malfunctioning of aircraft.

Section 3. Except as noted under Section 4 of this Article 21, the ATC facility is governed under all FAAO publications. Bargaining Unit employees will perform all Air Traffic Control and Air Traffic Control related administrative activities and functions IAW FAAO 7110.65, FAAO 7210.3, FAAO 1350.15 and all other applicable FAAOs and local Orders. It is hereby agreed that bargaining unit employees at all facilities will ensure that their personal trash is properly disposed of in the tower trash containers. Bargaining Unit employees will not be assigned to clean tower windows at any facility.

Section 4. The BIF ATC facility is governed under FM 3-04.303, and applicable Army ATC regulations, ATSCOM Technical Bulletins, and FAAOs. Bargaining Unit employees will perform all Air Traffic Control and Air Traffic Control related administrative activities and functions IAW PWS and applicable Army manuals, bulletins, and FAAOs.

Section 5. The Employer hereby recognizes that bargaining unit employees includes those employees listed, recognized and certified by the National Labor Relations Board (NLRB). Bargaining unit employee shall not be required to perform duties outside this NLRB certification, such as Manager, or Supervisor

ARTICLE 22

DRESS CODE

Members of the bargaining unit shall groom and attire themselves in a neat, clean professional manner.

The display of and wearing of union logo / lapel buttons is permitted. Neckties shall not be required.

ARTICLE 23

IMMUNITY & INDEMNIFICATION

Section 1. Employer Responsibility-Comprehensive general liability insurance is provided at no cost to the employee, such that, if named as a defendant, an employee shall be protected 100% against personal liability for damages, loss of property, or death arising from the performance of the employee’s official duties when not professionally negligent or when acting within the scope of employment as provided for in the plan and the limits of liability contained therein.

Section 2. Employer Rights-The Employer will not indemnify any employee against a judgment for:

punitive damages; compensatory damages that do not arise within the course and scope of the affected employee's employment with the Employer; compensatory damages occasioned by the employee acting in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property; or any relief arising out of the employee's intentional violation of the civil, statutory, or constitutional rights of any person.

ARTICLE 24

SUBSTANCE TESTING

Bargaining unit employees will be subject to substance testing in accordance with Department of Transportation (DOT) and Federal Aviation Administration (FAA) regulations.

ARTICLE 25

UNION PUBLICATIONS AND USE OF EMPLOYER’S FACILITIES

Section 1. The Manager shall provide the necessary space to the extent available, in a non-work area, for a Union furnished bulletin board or a 3 ring binger for the posting of Union materials. The content of publications or announcements placed on the Union's bulletin board shall not be restricted, censored, altered, or removed by the Manager. The parties recognize that the posting of scurrilous and inflammatory material is prohibited. Materials shall be posted during non-work time.

Section 2. The Union shall be authorized to conduct Union business or meetings at the facilities in an area if available, designated by the ATM as a non-operational work area. The Tower Cab shall not be permitted for Union business. All Union meetings shall occur during periods in which an employee is in a non-pay status.

ARTICLE 26

LAYOFF

Section 1. In the event of any layoff by the employer the following rules shall apply.

a) To the extent possible, all bargaining unit employees shall be given at least two (2) weeks’ notice of any such action.

b) Layoff of bargaining unit employees shall be in reverse seniority based on continuous service with the employer.

c) Employees laid off may cash in all vested vacation at their current rate of pay, Including but not limited to any and all funds associated with an IRS approved retirement account plus all excess funds in the employee's “H & W” monies.

d) Health insurance will be offered to the employee in accordance with applicable laws.

e) All employees in layoff status from their facility shall retain their seniority to said facility for a one year period effective the day of the layoff.

Section 2. No new controllers will be employed at the facility during the one-year period of recall until all employees laid off have been provided an opportunity to apply for an open vacancy for which they are qualified.

ARTICLE 27

SPECIAL OR EMERGENCY LEAVE

Section 1. Employees shall receive Employer paid time off during periods of emergencies which officially close the Employer’s facility.

Section 2. The Facility Manager shall grant an employee a short period of leave without pay (LWOP) not to exceed twelve weeks (120 days). for reasons including the employee’s health condition, birth of a child, to care for a spouse, child or parent of the employee with a serious health condition, the loss of Class II or Class IV Medical, or other compelling personal reason.

Section 3. The Employer shall compensate employees up to four (4) days, thirty two (32) hours with pay for bereavement leave to attend the funeral of a family member(s). (Pro-rated based on hours worked for PT)

Section 4. The Employer shall reimburse bargaining unit employees for jury pay, not to exceed eight (8) hours per day, for a maximum of ten (10) days.

Section 5. Bargaining unit employees who are members of the Military Reserve or National Guard and required to attend training sessions shall be paid by the Employer the difference between their normal daily/weekly wages and the military pay, for two weeks (10 days) per year.

Section 6. There shall be no loss of seniority during any periods bargaining unit employees are on Employer approved paid leave or any unpaid (LWOP) status, etc. Seniority shall continue as per Article 10 of this Agreement.

ARTICLE 28

MEDICAL

Section 1. Annual Class II or Class IV physical examinations are required for all employees as a condition of employment pursuant to Federal Aviation Administration rules and regulations. Every bargaining unit employee shall maintain their appropriate Class medical certificate at all times while an employee of the Employer. Class II Medical examinations are only authorized by a FAA certified Aviation Medical Examiner. Class IV Medical examinations are only authorized by an authorized certified Aviation Medical Examiner. Employees shall not perform air traffic control duties beyond the last day of the month in which their medical certificate expires.

Section 2. The Employer shall reimburse the employee for the examination fee for the basic routine annual Class II or Class IV physical examinations. This routine annual examination shall be on a scheduled tower shift. Any subsequent, non-routine testing or examination(s) required to obtain a Class II or Class IV Medical Certificate shall be on non-duty time and at the employee’s expense.

Section 3. The employee shall ensure a Class II or Class IV Medical Examination is completed prior to the last day of the month in which an employee’s medical certificate expires. Required Class II or Class IV Medical Examinations shall be scheduled on the employee’s duty time unless the employee request otherwise.

Section 4. Employees shall not perform air traffic control duties beyond the last day of the month in which their medical certificate expires unless the clearance is extended by special consideration of the appropriate certifying FAA official.

ARTICLE 29

OFFICIAL PERSONNEL FILE

Section 1. There shall be no more than one official personnel file maintained for each employee.

Section 2. Upon written request to the corporate office, an employee shall be provided a copy of the official personnel file at no cost to the employee.

Section 3. If an employee believes there is a discrepancy in the material contained in the official personnel file, the employee may submit comments and/or recommended corrections, which shall be included in the file. Any material determined to be incorrect shall be removed from the employee’s official personnel file.

Section 4. Letters of reprimand and documents related to them shall be retained for no more than One

(1) year. The original document shall remain onsite as part of the performance evaluation folder and will be accessible to the employee and the manager. A copy will be incorporated into the personnel file referenced in section 1 – 3. Reprimand and documents related to them shall be removed from the performance evaluation folder and destroyed after this time period.

ARTICLE 30

EMPLOYEE TRAINING & RECERTIFICATION

Section 1. An employee who is operationally decertified and assigned to a training and/or recertification program in accordance with the Federal Aviation Administration’s Orders 3120.4 and 7210.3, or ARMY TC 3-04.81 shall be given notice detailing the specific reasons for this action. The employee who is subject to training and or recertification shall have the opportunity to review said information and discuss the reasons for making the determination with the manager.

Section 2. The Employer retains the right to individual training methods, and the employees shall receive training in a fair and equitable manner.

ARTICLE 31

ATC FACILITY EVALUATIONS

Section 1. The Union recognizes the right of the Employer to conduct periodic ATC Facility audits/evaluations.

Section 2. The Air Traffic Manager shall notify the Union within a reasonable amount of any scheduled evaluation/audit or follow-up.

Section 3. The Air Traffic Manager (ATM) will request volunteers from the bargaining unit to participate in these facility evaluations. If there are no volunteers, the ATM may select an employee on an annual rotating basis. The Union Representative shall not be required to participate unless they so desire.

Section 4. The Facility Representative may cooperate and assist the Facility Manager in remedying any deficit area identified in internal or external audits/evaluations at mutually agreed upon time and in compliance with the contractual commitment between the government operated facility and employer.

ARTICLE 32

PERSONAL PROPERTY

Section 1. Should any personal property (clothing, watch, glasses, etc. other than jewelry and personal electronic devices) belonging to an employee become damaged or destroyed, through no personal fault, while the employee is performing assigned duties, the Employer will assist the employee in filing a claim for reimbursement/replacement with the appropriate authority.

Article 33

OPERATIONAL ERROR/DEVIATION

Section 1. An employee(s) believed to be involved in an operational error-/-deviation or accident shall be relieved from position as soon as operationally practicable. If requested by the employee(s), and operationally practicable, the Union representative or designee shall be present during the interview process at the expense of the Union. The employee and their Union representative shall be permitted to review relevant recordings and date available within the facility before submitting a final statement concerning an operational error/deviation.

Section 2. The employee and the Union representative shall upon request be provided a copy of the Final Operational Error/Deviation Report prior to submission. The employee or Union Representative may submit comments, in writing, to the Air Traffic Manager regarding the Final Operational Error/Deviation Report. The comments shall remain on file for the same period of time that the Final Operational Error/Deviation Report is required to be retained.

Article 34

CRITICAL INCIDENT STRESS DEBRIEFING (CISD)

The Employer will proactively manage the common disruptive physical, mental, and emotional factors that an employee may experience while on duty, after a critical incident at the facility, (i.e., accidents/incidents, such as an aviation disaster with loss of life, the death of a co-worker, acts of terrorism, exposure to life altering toxic materials). Upon request, an employee involved in or witnessing a critical incident shall be relieved from operational duties as soon as feasible, and if requested by the employee, placed on employee paid leave not to exceed ten (10) days per incident.

Article 35

AIR SAFETY

The Employer and the Union at the facility and national levels shall work together in the spirit of cooperation to address aviation safety concerns to ensure that the highest level of air safety is maintained.

ARTICLE 36

REOPENER

Section 1. This Agreement is subject to applicable U.S. Federal and State/Commonwealth Laws as they may be amended from time to time.

Section 2. If the contract between the Employer and their Contracting Agency is ever terminated for any reason, this Master Collective Bargaining Agreement (CBA) as herein negotiated and signed by the Parties, shall remain and continue in full force in its entirety to any and all future successor contractor(s) for the duration of the terms of this agreement and thereafter.

Section 3. In the event that any provision of this Agreement shall be rendered invalid by applicable legislation or be declared invalid by any court or regulatory agency of competent jurisdiction, such action shall not invalidate the entire Agreement which shall remain in full force and effect. Both parties agree that the subject matter of any provision found to be invalid shall be renegotiated. It is further agreed by the Parties that if there is any conflict between the provisions of this Agreement and any legal obligations imposed on the Employer by federal, State law or Regulations, Rules or Presidential Executive Orders, such legal obligations shall be controlling.

ARTICLE 37

PRINTING OF THE AGREEMENT

The parties agree that the employer will print and distribute a copy of this Collective Bargaining Agreement (CBA) to the appropriate management personnel and the union will copy and distribute copies of the CBA to the members of the bargaining unit.

Article 38

VOLUNTARY RECOGNITION

This Article describes procedures for voluntary recognition of PATCO Inc. as the collective bargaining agent at a DCSI air traffic control tower (ATCT) not currently certified by the National Labor Relations Board

(NLRB).

To obtain recognition at a particular ATCT, PATCO Inc. must present to DCSI valid standard authorization cards signed by a majority of the non-supervisory air traffic control specialists employed at that facility.

To be valid, the authorization cards must contain the printed and signed names of the employees and must be dated within the 90-day period immediately preceding the PATCO Inc. request for voluntary recognition.

Upon receipt of the PATCO Inc. request and authorization cards, DCSI will determine the validity of the information submitted and, if there are no questions as to validity or majority, will grant voluntary recognition within 30 days thereafter. This grant will have the same force and effect as a certification by the NLRB and a copy will be provided to the NLRB for its records.

In the event DCSI determines there is a question as to validity or majority, it may decline to grant voluntary recognition and PATCO Inc. may petition the NLRB.

ARTICLE 39

DURATION

This agreement is for a period of three (3) years and shall become effective on the date it is approved by the Union and the Employer. It shall renew automatically unless either Party gives written notice to the other of its intent to amend or terminate the agreement. The written notice must be given not more than one hundred twenty (120) calendar days or less than sixty (60) calendar days preceding the expiration date of this agreement. Normally, within sixty (60) days after receipt of the written notice, the Parties will begin negotiations.

For the Union For the Employer PATCO Defense Contract Services Inc.

Ron Taylor, Donna Giarratano, President Exec. Vice President/COO

Signature Signature

Signed this 20th day of February 2018 Signed this 20th day of February 2018

APPENDIX I

PATCO is the collective bargaining agent certified by the National Labor Relations Board (NLRB) for bargaining unit employees employed by DCSI at the facilities listed in this Appendix (I):

Elizabeth City, NC (ECG) Biggs AAF, Texas (BIF)

PATCO and DCSI have entered into a Master Agreement covering these facilities.

APPENDIX II

Effective the signing of this Agreement, the hourly base wage rate for a full performance level bargaining unit air traffic control specialist shall be as shown in the chart below:

FACILITY Aug Aug Aug Aug

Current

Aug 1 2018

Aug 1 2019

Aug 1 2020

Elizabeth City, NC (ECG) ATC Specialist

$32.75

$33.90

$35.09

$36.32 Biggs AAF, Texas (BIF) ATC Specialist

$32.75

$33.90

$35.09

$36.32 *ATC Staff in Training

$28.81

$30.90

$32.09

$33.32

*ATC new hires in training shall remain at this pay level until checked out as a Certified Professional Controller (CPC).

APPENDIX III

PATCO is the collective bargaining agent certified by the National Labor Relations Board (NLRB) for bargaining unit employees employed by DCSI at facilities listed in this Appendix (I). Number of Holidays are specified by facility in the below chart. Length of vacation is vested after a specified number of years as depicted in the chart below:

APPENDIX IV

Health and Welfare

FACILITY CURRENT AUGUST 1 2018 AUGUST 1 2019 AUGUST 1 2020

Elizabeth City, NC

(ECG)

$4.93 $5.23 $5.53 $ 5.83

Biggs AAF TX, (BIF) $4.93 $5.23 $5.53 $ 5.83

FACILITY HOLIDAYS 2 WEEKS

VACATION

3 WEEKS

VACATION

4 WEEKS

VACATION

5 WEEKS

VACATION

Elizabeth City, NC (ECG) 10 1 Year 5 Years 10 Years 15 Years Biggs AAF TX, (BIF) 10 1 Year 5 Years 10 Years 15 Years