TE_B_-_Exhibit__13_-_Collective_Bargaining_Agreement_25_Mar_2016.pdf

JRTC - BFE

Effective 7 May 2015 085-02

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TEAMSTERS LOCAL 19

AND

CUBIC WORLDWIDE TECHNICAL SERVICES, INC.

BATTLE FIELD EFFECTS BRANCH

MISSION SUPPORT CONTRACT

JOINT READINESS TRAINING CENTER (JRTC)

7 May 2015 THROUGH 30 JUNE 2018

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TABLE OF CONTENTS

Preamble

Article 01.00.00 Intent and Purpose

Article 02.00.00 Management Rights

Article 03.00.00 Union Recognition

Article 04.00.00 Union Security

Article 05.00.00 Check Off

Article 06.00.00 Shop Stewards/Visitation

Article 07.00.00 No Strike - No Lockout

Article 08.00.00 Government Security Responsibility

Article 09.00.00 Trial Period/Seniority

Article 10.00.00 Management/Supervisors

Article 11.00.00 Hours of Work

Article 12.00.00 Overtime

Article 13.00.00 Wage Rules

Article 14.00.00 Premium Pay

Article 15.00.00 Holidays

Article 16.00.00 Vacation

Article 17.00.00 Non-Paid Leaves of Absence

Article 18.00.00 Military Leave

Article 19.00.00 Filling of Vacancies

Article 20.00.00 Jury Duty

Article 21.00.00 New or Revised Job Classification

Article 22.00.00 Reduction and Restoration of Forces

Article 23.00.00 Discharge and Discipline

Article 24.00.00 Grievances and Arbitration

Article 25.00.00 Uniforms

Article 26.00.00 Bulletin Boards

Article 27.00.00 Group Insurance

Article 28.00.00 Retirement Plan

Article 29.00.00 General

Article 30.00.00 Duration

Signature Page

Appendix A Authorization for Dues Deduction

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PREAMBLE

This agreement is made and entered into this 7 th day of May 2015, by and between Cubic

Worldwide Technical Services, Inc. (CWTS) at the U.S. Army Joint Readiness Training Center

(JRTC), Mission Support Contract, Ft. Polk, Louisiana, (hereinafter referred to as the Company) and the International Brotherhood of Teamsters Union Local No. 19 (hereinafter referred to as the Union).

ARTICLE 01.00.00 INTENT AND PURPOSE

01.01.00 It is the intent and purpose of the Company and the Union to set forth through partnering and interest base bargaining processes, the wages, hours and working conditions as it relates to the government contract covered by this Agreement.

01.02.00 Further it is the intent of the parties to secure maximum efficiency of the operation and maximum production of the employees; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions.

01.03.00 It is recognized by the Agreement to be the duty of the Company, the Union and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a fair and prompt grievance procedure for the peaceful settlement of employee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

01.04.00 All predecessor contractors past practices are hereby null and void, and shall not constitute a precedent in the future enforcement of the terms and conditions herein.

ARTICLE 02.00.00 MANAGEMENT RIGHTS

02.01.00 It is agreed that the Employer hereby retains and reserves unto itself without limitation, all the powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitutions of the State of Louisiana and the

United States, including, and without limiting the generality of the foregoing, the rights to:

02.01.01 The executive management and administrative control of the Company, its properties, equipment, facilities, and operations and to direct the activities and work of its employees;

02.01.02 Hire all employees and determine their qualifications and the conditions of their continued employment,

02.01.03 Promote, demote, transfer and assign all employees;

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02.01.04 Determine the size of the work force, and to expand or reduce the work force;

02.01.05 Establish, eliminate, continue or revise any personnel and employment policies and/or work rules and regulations;

02.01.06 Suspend, dismiss and/or discipline employees for just cause.

02.01.07 To layoff, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons.

02.01.08 Establish, modify or change any work, business schedules, hours or days;

02.01.09 Determine the services, supplies and equipment to conduct its operation, including the distribution thereof, establish standards of operation and performance, and determine the means, methods and processes of performing and/or accomplishing the work to be done, including the assignment and distribution of tasks and work among any of its work force.

02.01.10 Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations and determine the size of its administrative organization, its functions, authority, amount of supervision and table of organization.

The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with the

Constitution and laws of the State of Louisiana and the Constitution and laws of the

United States.

02.02.00 The management rights expressed in 02.01.00 above shall not be deemed to limit any right contained in this Agreement or any applicable law.

ARTICLE 03.00.00 UNION RECOGNITION

03.01.00 The Company recognizes the Union as the sole and exclusive bargaining representative for its Employees as described by the NLRB “Certification of

Representative” in Case No. 15-RC-142367 for the purpose of collective bargaining with regard to wages, hours, and terms and conditions of employment in accordance with Section 9 (a) of the National Labor Relations Act, as amended, for full-time and part-time on-call hourly employees of the Company employed on the JRTC, Mission

Support, Ft. Polk, Louisiana, Contract Number W911S0-07-C-0007.

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Included: All full time and part time on-call (PTOC) Battlefield Effects Technicians and General Clerk(s) assigned to the MSC Battlefield Effects Branch.

Excluded: All Guards, Branch Chiefs, Assistant Branch Chiefs, Shift Leads, Assistant

Shift Leads, and other Supervisors as defined by the Act, as well as all MSC personnel assigned outside of the Battlefield Effects Branch.

ARTICLE 04.00.00 UNION SECURITY

04.01.00 It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the

Union’s total expenditures. Such sum shall be recognized as “Service Fee.”

04.02.00 It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after the effective date of this Agreement shall on or before the sixtieth (60 th

) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the

Union’s total expenditures. Such sums shall be recognized as “Service Fee,” provided that nothing herein shall be interpreted to cause a violation of the National Labor

Relations Act or any other applicable law.

04.02.01 If, an employee's employment is interrupted due to temporary layoff or leave of absence for more than thirty (30) calendar days, the Union will be notified so that the employee may be placed on honorable withdrawal from the Union. When the employee returns to work, the Union will be notified so that the employee may be placed on active status.

04.02.02 The Company, upon request of the Union Business Representative, shall provide to the Union the status of employees for the purpose of reconciling the employee's membership status.

04.03.00 No employee shall be considered as having failed to maintain their membership so long as they regularly tender to the Union their uniform periodic monthly dues and/or uniform initiation fee, if required, or applicable service fee. The Company need not terminate any employee for failure to maintain their membership hereunder unless they fail or refuse to cure their dues delinquency within ten (10) days after the Union has given the Company a written notice by registered mail requesting such termination. Before sending the Company such request, the employee shall first be given notice in writing by the Union to pay their delinquent dues and/or initiation fee.

A copy of such notice shall be sent to the Company.

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04.04.00 After the hire of any new employee, the Company shall notify the Union in writing of the employee's name, social security number and address, their date of hire, their location of employment, their employee/payroll number, their classification and rate of pay.

04.05.00 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article including the reasonable costs of any defense made necessary by any such liability, claim, suit or dispute.

ARTICLE 05.00.00 CHECKOFF

05.01.00 The Company agrees to deduct from the wages of such of its employees as so requested in writing, all initiation fees and dues or applicable Service Fees stipulated by the Union and to transmit the money so deducted to the Union as hereinafter provided. Any employee desiring to have such deductions may sign a proper form authorizing such deduction from their pay. Such a written authorization may be revoked by the employee by written notice to the Company and the Union during the ten (10) day period prior to the end of any such applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective

Bargaining Agreement, whichever occurs sooner. The Company shall deduct from bi-weekly payroll the current dues or service fees specified by the Union.

05.02.00 In case any employee does not have the total amount of any deduction, or more, due them on any payroll from which deductions are made in respect of other such employees, the deduction shall be made out of the next succeeding payroll upon which such employee has the total amount, or more, due. It is agreed that authorized deductions for government taxes and for the purpose of paying indebtedness to the

Company, garnishments and deductions required by law to be made by the Company shall have priority over deductions for Union dues.

05.03.00 The total amount of any such deductions shall be delivered to the Union by the fifth

(5th) day of the month following the month in which the deduction was taken by the

Company by check drawn to the order of the Union. Upon the issuance of such check and the transmission of same to the Local Union, all responsibility on the part of the

Company shall cease with respect to any amount so deducted. The Company shall not be bound in any manner to see to the application of the procedures of any such check, nor to investigate the authority of any designated officer of said Union to sign any request to accept any such check or to collect the same.

05.03.01 The Union will provide the Company a billing statement by the tenth

(10th) of each month for deductions to be taken in the current month.

05.04.00 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or by reason of action taken

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085-02 or not taken by the Company for the purpose of complying with this article including the reasonable costs of any defense made necessary by such liability, claim, suit or dispute.

05.05.00 The authorization for deduction of check-off of dues is shown in Appendix "A".

ARTICLE 06.00.00 SHOP STEWARDS/VISITATION

06.01.00 The Company agrees to recognize one (1) Chief Shop Steward and one (1) Shop

Steward as needed by the Union to represent those employees covered by the terms of this Agreement.

06.02.00 Recognizing the mutual benefit of resolving problems at the lowest level, an

Employee(s) who has a complaint or grievance may discuss the matter with their

Chief Shop Steward or Shop Steward.

06.03.00 Subject to other provisions of this Article, up to fifteen (15) minutes per day during work hours shall be authorized without loss of pay or benefits to permit the Steward to carry out routine responsibilities to the Employees in the Unit and will not unreasonably interfere with assigned duties. Furthermore, the Union will ensure that the Steward engages only in those activities which are authorized by this Agreement or appropriate regulations.

06.04.00 When it becomes necessary for a Chief Shop Steward and/or Shop Steward to engage in union business, including the investigation and/or processing of a potential grievance, such Steward will be permitted reasonable time to conduct such union business provided the Steward notifies their respective supervisor prior to engaging in such union business. The necessary time away from the Steward's official work assignment shall be scheduled as far in advance as practical to minimize interruption of workflow. Upon entering the work area of another Supervisor's responsibility, the

Steward and/or employee will contact the Supervisor before attempting any contact.

In each instance, the Supervisor's permission will be granted promptly unless compelling work commitments dictate otherwise. If permission is denied, the

Supervisor will promptly establish an alternate time at which the Shop Steward can contact the Employee(s). All time spent during regular working hours excluding break and lunch periods by a Chief Shop Steward and/or Shop Steward conducting union business in accordance with this section shall be on Company time without loss of pay and shall be considered time worked for all purposes.

06.05.00 The scope of the Steward's additional activities on Company time shall be performed in the most expeditious manner possible, shall not interfere with mission requirements, and will generally encompass the following:

06.05.01 To consult with an employee recording the presentation of a request concerning this Agreement complaint, or grievance for which the employee desires them to be present.

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06.05.02 To investigate a complaint or grievance before presentation to the appropriate supervisor.

06.05.03 To present a request concerning this Agreement, complaint or grievance to the employee's appropriate supervisor or other designated representative of the Company in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

06.06.00 Subject to operational requirements, official time for the Union's Steward to attend training sessions will ordinarily be granted, not to exceed forty (40) hours per calendar year. Training time will be paid by the Union. The Union will notify the

Company in writing, at least thirty (30) calendar days before any scheduled training.

06.07.00 A Shop Steward has 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 shop steward has taken unauthorized strike action, slow down, work stoppage, or other actions in violation of this Agreement. Any such disciplinary action shall be subject to the grievance and arbitration procedure defined herein. Should the Company prove the individual(s) did participate in such action, in violation of this provision the disciplinary action shall not be altered. Should the Company fail to prove the individual(s) participated in such acts; the arbitrator shall be empowered to make the individual(s) "whole", if warranted.

06.08.00 It is agreed that the Company shall not be required to pay an employee for any time in

Steward duties that they are taken away from their work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the

Agreement.

06.09.00 The Shop Steward shall be an employee of the Company, selected from among those employees whom they represent. The area of jurisdiction shall be determined by mutual agreement of the Company and the Union.

06.10.00 The Shop Steward shall respond to and adjust employee initiated verbal or written complaints, or grievances occurring under their jurisdiction as provided for in the grievance procedure. There shall be no solicitation of complaints or grievances.

06.11.00 Subject to existing Fort Polk policies, regulations, and procedures the authorized

Business Representative of the Union shall have access to the Company's work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the Grievance Procedures, and ascertaining whether or not this Agreement is being observed. Before doing so, they shall report to the Branch Chief or other authorized Company Representative who shall permit said representative to enter the Company's premises, provided that such right shall be

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06.13.00 The Union agrees to supply the Company, in writing signed by its authorized representative, with the name, official title and term of office for any and all representatives designated by it for the purpose of monitoring or administering conditions of this Agreement, and those members shall serve at the pleasure of the

Executive Officer of the Local Union. Elections of any shop steward shall be advisory only. The Company shall not be bound to recognize anyone not so represented.

ARTICLE 07.00.00 NO STRIKE - NO LOCKOUT

07.01.00 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 that efficient and uninterrupted services must be furnished to those agencies that have need of and make use the capabilities of the Company. Therefore, the parties agree that during the terms of this Agreement:

07.01.01 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.

07.01.02 Neither the Union, its officer, or agents or members shall authorize, encourage, or sanction any strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interrupt or interfere with any of the operations of the Company for any reason including an alleged unfair labor practice.

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

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

(a) Any such disciplinary action shall be subject to the grievance and arbitration procedure defined herein. Should the Company prove the individual(s) did participate in such action, in violation of this provision; the disciplinary action shall not be altered. Should the

Company fail to prove the individual(s) participated in such acts; the arbitrator shall be empowered to make the individual(s) whole, if warranted.

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

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

(b) Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

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

07.01.06 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, or 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.

07.02.00 So long as the Union is complying with the provision of this Article; the Company agrees that it will not engage in any lockout of its employees.

ARTICLE 08.00.00 GOVERNMENT SECURITY RESPONSIBILITY

08.01.00 The parties hereto jointly recognize that the Company is a contractor to the U.S.

Department of the Army at Ft. Polk, Louisiana and must comply with all applicable security requirements, regulations and directives. Should the Contracting Officer and/or any other authorized representative of the Armed Forces direct that any employee(s) be removed from any or all work for the contractor on this contract, the

Company shall provide such documents to the Union; and the Company's compliance with those directives shall not be subject to the grievance procedure except as to the fact of the action having been taken at the direction of the Contracting Officer and/or any other authorized representative of the Armed Forces.

08.02.00 In the event, however, that a review, duly made by the appropriate governmental authority shall result in a reversal of the original ruling they shall be rehired in the event a vacancy exists in a position matching their skills. Employee shall regain his accumulated seniority in accordance with Article 09.00.00. Employee shall not receive payment for wages or benefits lost during the period of their removal.

08.03.00 The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security directives and regulations when performing work for the Government. The Company and the Union

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085-02 guarantee that security information will be revealed only to persons properly cleared and required by the Government to have the information.

08.04.00 The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor. Nothing in this Agreement is intended, nor will any provision of this

Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union fully recognizes that from time to time the

Government may impose various legal and/or lawful demands or obligations upon the

Company and that the Company and its employees must meet such demands, obligations or comply with such rules and regulations as may be promulgated or imposed by the Government.

08.05.00 It is further understood that if a security clearance or Common Access Card (CAC) is required in order to perform such work in the job classifications covered by this

Bargaining Unit, that such security clearance and CAC shall be a condition of continued employment with the Company. Such employees shall be subject to investigation for security clearance and CAC under regulations prescribed by the

Department of Defense or any other authorized and appropriate agency of the United

States Government. A denial or withdrawal of such clearance or CAC by such governmental agency shall be grounds for layoff in accordance with Article 23.00.00.

ARTICLE 09.00.00 PROBATION PERIOD/SENIORITY

09.01.00 New employees and those hired after a break in continuous service, regardless of classification, shall be considered on probation until they have completed six (6) months, one hundred eighty (180) days from the date of hire in the bargaining unit.

The Company may lay-off or discharge such probationary employee and such action shall not be reviewable through the grievance procedure. Completion of said probation period shall not provide or imply that the employee may not be laid off or terminated for just cause.

09.02.00 Bargaining Unit seniority shall accrue from the date of employment as provided in

09.02.01 and 09.02.02 below.

09.02.01 Each employee shall accumulate seniority for all continuous service with the Company, except as otherwise provided for herein.

(a) Employees who are employed by the Company on or before January

26, 2015, will have their seniority based upon their length of service at the facility.

(b) Company employees who may be transferred into the bargaining unit subsequent to the application of subsection (a) above shall have their seniority based upon the date they first entered a position which is covered by this Collective Bargaining Agreement.

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09.02.02 Those employees entering the bargaining unit after January 26, 2015, shall accrue seniority from date of employment on the project, upon satisfactory completion of the respective probation period in accordance with Section

09.01.00.

09.03.00 A seniority list shall be posted by the Company on January 10, April 10, July 10 and

October 10 of each year and shall set forth the seniority date of each employee and their job classification. An electronic copy of the seniority list will be sent to the

Union.

09.04.00 Employees hereunder shall have a period of fourteen (14) workdays after posting of seniority lists to protest, in writing, an error in the list. If such protest is not made within fourteen (14) days, the seniority list will stand as posted until the following posting at which time it will be corrected provided the Company has been informed in waiting of the error, if any. If on an approved absence, the employee shall have fourteen (14) days from the date of return from such absence to protest.

09.05.00 Seniority of an employee will be broken under the following conditions and their employment with the Company will be terminated:

09.05.01 Discharge for just cause.

09.05.02 Resignation.

09.05.03 Failure to respond to recall notification within the time frame established within Section 22.04.00.

09.05.04 Failure to be recalled from layoff within six (6) months after each layoff.

09.05.05 Failure to report for work upon expiration of an approved leave of absence.

09.05.06 Accepting other employment while on approved leave of absence without prior permission by the Company.

09.05.07 Upon settlement of Worker's Compensation for total permanent disability.

09.05.08 An employee who is absent from work for a period of three (3) consecutive scheduled work days without reporting the reason thereof shall be considered as having resigned without notice and said employment shall be terminated.

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09.06.00 In the event two (2) or more employees have the same seniority date as herein provided; the employee having the lowest last four numbers of his social security number shall be considered having the least seniority for tie breaking purposes.

09.07.00 Bargaining unit employees as of January 26, 2015, or thereafter, who are transferred or promoted to positions within the Company, but not within job classifications covered hereby, shall retain seniority hereunder, but shall not be construed as working under the terms of this Agreement while occupying such positions. It is understood and agreed that employees so transferred or promoted shall retain their seniority for the duration of this Agreement but shall not accrue seniority from the date transferred or promoted out of the bargaining unit. Employees currently in management positions shall retain their bargaining unit seniority but shall not accrue additional seniority. If the employee desires to return to a classification covered under this Agreement, they may do so by filling a vacancy only after the vacancy is offered to the bargaining unit established within Section 19.00.00.

ARTICLE 10.00.00 MANAGEMENT/SUPERVISORS

10.01.00 Due to the complexity of the systems needed to support the Government mission, certain specialized functions may cause some work overlap in supervision and work performed by employees covered by this Agreement. Any bargaining unit work performed by management will be restricted to those requirements beyond the capability and technical expertise of Bargaining Unit employees.

10.02.00 The Shift Leader and/or Assistant Shift Leader may perform work, which in their opinion, is required to maintain satisfactory contract performance. However, it is understood that the work performed by the Shift Leader and/or Assistant Shift Leader will not cause a bargaining unit employee to be laid off or displaced. Company employees in job classifications not covered by this agreement shall not perform work normally performed by employees in the bargaining unit, except in the case of emergency, research work, audit, experimental, or work of a special mechanical nature, (e.g. installation of modifications, when necessary), special training of Cubic

Worldwide Technical Services, Inc. (CWTS) employees from other locations, or to instruct employees properly. The term “emergency” is defined to mean an unforeseen combination of circumstances. This article shall not be construed to prevent employees outside the bargaining unit from performing work normally within their regular duties as historically performed, so long as they do not cause a bargaining unit employee to be laid off or excluded from overtime if they are willing to work.

ARTICLE 11.00.00 HOURS OF WORK

11.01.00 No provision of this Agreement shall be construed as a guarantee of any specified numbers of hours of work either per day or per week. Employees shall not be required to utilize vacation in lieu of a reduction in force.

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11.02.00 Eight (8) consecutive hours or ten (10) consecutive hours, as set forth in 11.03.00, exclusive of a lunch period of no less than thirty (30) consecutive minutes or more than one (1) hour, shall constitute a standard work shift.

11.03.00 The normal work week (non-rotational periods) shall consist of seven (7) consecutive days, beginning at 0001 hours Saturday. The Company may establish work week schedules consisting of either five (5), eight (8) hour work days and two (2) consecutive days off within the work week or four (4) ten (10) hour work days and three (3) days off within the work week, two (2) of which must be consecutive.

11.04.00 Regular work shifts for purposes of shift premiums shall be established as follows:

(a) The first (day) regular shift will generally begin between 0400 and 0800 hours.

(b) The second (night) regular shift will generally begin between 1600 and 1800 hours.

11.05.00 A non-regular workweek (periods of rotational support) is defined as a seven (7) day workweek whereby employee days off are approved by the Battlefield Effects Branch

Chief in accordance with rotational restriction calendars submitted by each employee not later than the designated suspense date for each rotation.

11.06.00 For further training of employees or mission requirements, the Company may establish rotating work shifts in order to maintain employee’s technical currency and equitable distribution of workload during non-core work hours.

11.07.00 Management will notify employees of schedule changes at least seven (7) calendar days before the beginning of the workweek as defined in 11.03.00 above. Such changes shall be communicated via an internal posting process.

11.07.01 Effective 1 July 2015, in the event an employee is required to accept a schedule change within seven (7) calendar days as defined in 11.03.00 due to unforeseen events, the employee shall receive two (2) additional hours of call-in pay at their regular hourly rate. The two (2) hours of call-in pay will not count towards overtime calculation.

11.09.01. Effective 1 July 2015, an employee recalled to work after completing their regular shift for purposes of Company or Government convenience will be paid at their regular hourly rate or premium rate (if appropriate) for additional hours worked. In addition, the employee shall receive a minimum of two (2) hours call-back pay.

11.10.00 For the purpose of clarification, a day begins at 0001 hours and ends at 2359 hours.

11.11.00 For the purpose of clarification, a work day begins at the time scheduled for a scheduled work day.

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ARTICLE 12.00.00 OVERTIME

12.01.00 The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.

12.02.00 It is understood and agreed that the Company reserves the right to require employees covered hereby to perform a reasonable amount of overtime work in order to meet

Government contract requirements. When such overtime is required, employees involved shall be given as much advance notice as is possible.

12.02.01 The Company will attempt to meet its unscheduled/unforecasted overtime requirements on a voluntary basis by seniority among the employee(s) present in the classification on that shift in the section where they are performing the work on a straight time basis.

12.02.02 To identify volunteers desiring to work overtime, employees may sign an overtime roster displayed on a company bulletin board in the Section.

When an employee(s) sign the overtime roster, they are stating that they are available and will report for the overtime shifts that they signed up to work. When an employee(s) is notified of the overtime availability and they do not report for the scheduled overtime, they shall be subject to disciplinary action, up to and including termination of employment.

Employees who do not sign the overtime roster waive their rights to overtime for that day. The posted rosters shall include a minimum of the next seven (7) consecutive days.

12.02.03 When unscheduled/unforecasted overtime is necessary in the section and/or on that shift, the Shift Leader will assign the most senior employee(s) from the roster referenced in 12.02.02. If there are insufficient volunteers, the supervisor may offer the overtime to other employees in the Section on that shift or in the case of more than one (1) shift, may consolidate the other shifts overtime rosters and offer that overtime to the senior employee(s) from the consolidated rosters. If there are still insufficient volunteers, the least senior employee in the classification, in the Section, on that shift, will be assigned. Any employee who is temporarily assigned to another section for less than one (1) full shift shall be eligible for overtime in the section they were temporarily assigned to for that day, as set forth herein.

12.02.04 During shifts other than normal business hours (0700 – 1530) and/or in the absence of the Branch Chief/Assistant Branch Chief, a bargaining unit employee(s) will advise the Shift Leader/Assistant Shift Leader of the overtime requirement and, at the direction of the Shift Leader/Assistant

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Shift Leader, will follow the overtime provisions when contacting fellow bargaining unit employee(s) for overtime.

12.02.05 When an attempt to notify an employee of available overtime is made and the employee(s) cannot be contacted, the Company will proceed to the next employee on the appropriate overtime roster. Verbal contact with the employee must be obtained. Employees returning the call prior to the roster being completed/exhausted are eligible for remaining overtime. In cases where the roster has been completed/exhausted and no contact has been made, the least senior employee on the previous shift will be forced to work.

12.03.00 Overtime is calculated each work week beginning Saturday at 0001 hours through

Friday at 1159 hours. Overtime shall be paid on the following basis for bargaining unit employees.

12.03.01 For hours worked in excess of forty (40) in a work week at one and one-half (1 & 1/2) times the employee’s regular base hourly rate.

12.04.00 No overtime shall be worked except by direction of the proper supervisory personnel of the Company.

12.05.00 There shall be no pyramiding of overtime premium payments.

12.07.00 "Regular Straight Time Rate" is defined as the wage rate shown for each classification on the wage schedule in Article 13.00.00.

12.08.00 An employee who has worked overtime, either scheduled or unscheduled, during the work week shall not have their regular work schedule altered for the balance of the work week for the sole purpose of avoiding the payment of additional overtime.

However, this provision shall in no way be interpreted as being any guarantee of hours of work. No employee shall be permitted to change shifts or otherwise alter their work schedule by their own request in a manner whereby the payment of overtime would be required.

ARTICLE 13.00.00 WAGE RULES

13.01.00 The Company shall pay the base wage rates shown in the table below.

Classification

Current

Effective

7/1/15

Effective

7/1/16

Effective

7/1/17

General Clerk III $13.19 $13.97 $14.25 $14.47

Fire Marker I $14.74 $15.80 $16.77 $17.71

Fire Marker II $17.59 $18.97 $20.13 $21.25

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13.02.00 Hazardous Differential. Fire Marker I and Fire Marker II employees receive a four

(4) percent hazardous differential calculated on their base pay (regular earnings) for all hours worked.

ARTICLE 14.00.00 PREMIUM PAY

14.01.00 Effective 1 July 2015, a night shift differential of one dollar ($1.00) per hour will be paid for all hours worked on the employee’s shift when they begin work on the second (2 nd

) (night) shift as defined in 11.04.00 (b).

14.02.00 With respect to the second (2nd) (night) shift, shift differential premiums shall be determined by the employee's start time in the work day as defined in 11.04.00 (b).

14.03.00 Shift differential premiums will be paid for any overtime hours worked provided an employee is otherwise qualified for premium payment in accordance with paragraph

14.01.00 or 14.02.00 above. The employee will retain their regular shift differential for overtime hours worked across other shifts.

14.04.00 Cell Lead/Subject Matter Expert. Effective 1 July 2015, a Company-designated

SME shall receive a $2.00 per hour pay differential added to their base hourly wage rate.

ARTICLE 15.00.00 HOLIDAYS

15.01.00 The following ten (10) days are designated as holidays each Fiscal Year:

New Year's Day Martin Luther King, Junior's Birthday

Presidents Day Memorial Day

Independence Day Labor Day

Columbus Day Veteran's Day

Thanksgiving Day Christmas Day

In addition to these holidays, employees shall be granted, subject to the approval of the Contracting Officer, any holiday that may hereinafter be established by an Act of

Congress of the United States or by Proclamation of the President of the United

States.

15.02.00 In order to be eligible for unworked holiday pay as hereinafter provided, an employee shall have met the following:

(a) Be in the active employ of the Company on the date of the holiday (i.e., not on leave of absence for any reason, or layoff).

15.03.00 It is understood and agreed that the Company reserves the right to require employees to work on a holiday. When employees are required to work on a holiday, in addition to holiday pay at the regular straight time rate as provided in this Article, they shall

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15.04.00 Should one of the holidays authorized by paragraph 15.01.00 above fall on a regularly scheduled day off; employees will be paid for this holiday at their regular straight time rate of pay.

15.05.00 Should any holiday authorized in paragraph 15.01.00 above occur on a Saturday, the preceding Friday will be considered the holiday. Should any holiday authorized in paragraph 15.01.00 above occur on a Sunday, the Monday following will be considered the holiday.

15.06.00 Part time employees are eligible for Holiday pay on a pro-rata basis determined by the number of non-overtime hours worked in the preceding workweek.

15.06.01 Regular weekly work schedules for part-time employees shall not be interrupted due to the occurrence of a holiday within that work week. The intent of this provision is to prevent part-time employees from being bumped by other part-time employees from working their regularly scheduled work day.

ARTICLE 16.00.00 VACATION

16.01.00 Each employee covered hereby shall accrue vacation each pay period at 1/26 the annual amount as outlined in 16.02.00 below.

16.02.00 Vacation credit shall accrue as follows:

16.02.01 During the first (1st) year of employment and during each subsequent year thereafter, through and including the fifth (5th) year, an employee shall accrue 1/26th of their annual vacation amount of two (2) weeks or 3.08 hours per pay period.

16.02.02 During the sixth (6

) year and subsequent years of employment, through and including the fourteenth (14th) year, employees shall accrue 1/26 th of their annual vacation amount of three (3) weeks or 4.62 hours per pay period.

16.02.03 During the fifteenth (15th) year and each subsequent year of employment thereafter, employees shall accrue 1/26 th of their annual vacation amount of four (4) weeks or 6.15 hours each pay period.

16.03.00 Part-time on-call (PTOC) employees will receive cash-in-lieu of vacation paid to them in the pay period following their anniversary date based on the pro-rata share of hours worked in the previous year as compared to 1,920 hours (full-time man year).

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16.04.00 Vacation pay shall be computed at the employee’s regular straight time rate at the time of vacation payout. And shall be limited to those credits the employee has vested on the date of eligibility for such vacation.

16.05.00 Regular full-time employees may bank vacation up to a maximum of two times (2x) their annual vacation amount. Any/all unused vacation amounts over the maximum will be paid to the employee in their payroll. Payments will be made in the first pay period following the employee’s anniversary date.

16.06.00 Regular full-time employees will be allowed to sell back Vacation hours one time per year in November as long as a minimum balance of 40 hours remains in their account.

Employees need to request to sell back their excess hours of vacation (over 40 hours) in writing and submit to the Human Resources Department.

16.07.00 Employees must request in writing to take vacation time off of one-week or greater not less than fourteen (14) days in advance. The Company will review and grant vacation based on operational requirements and the employee’s restriction calendar.

When conflicts in requested periods of vacation arise, the employee having the greater bargaining unit seniority shall be given preference, with due consideration given to the timeliness of the conflicting request.

16.07.01 Vacation time of less than one week must be requested in writing using the restriction calendar.

16.08.00 It is understood and agreed that final approval of vacation requests rests exclusively with the Company to assure orderly operation of the work area. Week long vacations shall have priority over less than one week requests.

16.09.00 When a holiday, as defined in this Agreement, falls within the employee’s vacation period, such holiday hours shall not be charged as vacation hours.

16.10.00 Employees who have completed their trial period shall vest vacation credits as accrued.

16.11.00 Employees who terminate employment will be paid all accrued vacation time.

16.12.00 Vacation hours may be used in as little as 0.5 hour increments up to an amount equal to the employee’s regular work shift.

ARTICLE 17.00.00 NON-PAID LEAVES OF ABSENCE

17.01.00 Leaves of absence will be granted in accordance with Company policy, as well as

Federal, State and local laws. (i.e.; Family & Medical Leave Act (FMLA)).

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17.06.00 The parties agree to comply with all state and federal regulations and statutes concerning leaves of absence including the Family Medical Leave Act and the

Americans With Disabilities Act.

ARTICLE 18.00.00 MILITARY LEAVE

18.01.00 Any employee who receives activation orders for military service into the Armed

Forces of the United States will be given a leave of absence and will accumulate seniority during such period of service. The parties to this Agreement shall comply with current applicable state and federal legislation concerning military service.

18.02.00 A full-time employee who is called to and performs short term active duty including annual active duty training as a member of the United States Armed Forces Reserve or National Guard, shall be paid the difference between his military rate of pay and his Company rate of pay for a maximum of ten (10) working days. The employee must present a copy of his orders to the Company as soon as they receive them. Upon return from active short term duty the employee must present pay vouchers so that the calculation of the difference may be made.

18.02.01 The Company's obligation to pay an employee for performance of military duty under this Article is limited to a maximum of ten (10) working days in any calendar year.

ARTICLE 19.00.00 FILLING OF VACANCIES

19.01.00 Filling of Vacancies. If the Company determines to fill a new or existing job within the bargaining unit, the Company will post a notice of vacancy or job opening for a period of not less than five (5) working days. Any employee covered under this

Agreement may submit a bid (application and resume) for the job to the Company’s

Hiring Coordinator, in writing, during the posting period. The notice posted declaring that such vacancy or job opening is to be filled shall contain at least the following information:

(a) The date the notice is posted and the date and time the notice will be removed;

(b) The job to be filled and the classification;

(c) Job Specifications;

(d) Rate of Pay; and

(e) Effective date the job is to be filled.

The Union’s Steward will be furnished a copy of any bid upon request.

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The Company will award the job to the most qualified bargaining unit bidder who meets the minimum essential requirements of the position. In the event that two or more employees are deemed equally qualified, the person with the most seniority will be selected.

19.01.01 Restrictions on Bidding. An employee who is awarded a job for which they bid must accept it providing the award is made within fifteen work days of the effective date that the job is scheduled to be filled as provided in Section 19.01.00(e) above. Otherwise the employee shall have the option of withdrawing their bid.

19.01.02 Disqualification of Bidder. An employee who is unable to perform the job to which they bid to the satisfaction of the Company within thirty (30) calendar days after being awarded the job shall be returned to the job classification and labor grade they held at the time of submitting the bid.

The employee will be told the reasons for such disqualification. If an employee is disqualified by the Company or self disqualifies, they will be restricted from bidding for that job classification for one (1) year from the date of his/her disqualification.

19.01.03 Qualifying Period for Bidder. An employee who, through the bidding process, is awarded a vacancy to a Classification in which they have never worked, will be placed on a “Qualifying Period” of thirty (30) calendar days. During this period the employee shall be required to demonstrate their ability to learn and perform the work of the new assignment. During this period, the employee will give their full cooperation to management, and likewise management will give the employee their full cooperation and assistance. If during the qualifying period it is determined that the employee is not making acceptable progress in the new position, management will:

(a) Counsel the employee on the specific areas of work that need improvement, and allow them one (1) rotation to make necessary improvements. If, following that opportunity, the employee is still not progressing satisfactorily, management will;

(b) Give the employee a written statement, detailing the specific areas needing improvement, again allowing one (1) rotation for improvement. If, following that opportunity, it is determined that the employee is not qualified to perform the job satisfactorily, the

Company will give them a written letter of disqualification.

If an employee is disqualified under this Article or resigns from their new position during the qualifying period, the next most qualified employee from the original bid will be awarded the position vacated by the disqualification/or resignation.

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ARTICLE 20.00.00 JURY DUTY

20.01.00 A Full-Time employee required to serve on a jury and who misses work shall be compensated for their time spent on jury duty to a maximum of ten (10) days per fiscal year.