W9124B23R0002 Amendment 0009 20230407 DES Fire and Dispatching Emergency Services Fort Irwin CA.pdf

0011782058

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. Extension Agreement dated 9 Dec 2022, Letter of Agreement signed 5 Jan 2023, Collective Bargaining Agreement (CBA) effective 1 Aug 2022 - 31 Oct 2021, and Fort Irw in Fire Dept Summary Wage and Benefit Breakdow n are published in Section B of this solicitation amendment.

2. As a result of the above mentioned documents made available, submission of proposal is due on 14 April 2023 at 1500 Pacific Standard Time.

3. The new contracting officer is LTC Matthew E. Wernert at matthew .e.w ernert.mil@army.mil.

4. Nothing else follow s.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 126

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9124B23R0002

X 9B. DATED (SEE ITEM 11)

17-Oct-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

00009

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Aprr-2023

CODE

MICC - FORT IRWIN

PO BOX 105095 ISSUING OFFICE

FORT IRWIN CA 92310-5095

W9124B 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124B23R0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been added by full text:

CBA Related Documents

THIS PAGE LEFT INTENTIONALLY BLANK

CBA FOLLOWS

AGREEMENT

Between

High Desert Support Services, LLC.

AND

TEAMSTERS

UNION LOCAL #166

August 1, 2020 – October 31, 2021

TABLE OF CONTENTS

ARTICLE CONTENTS PAGE

PREAMBLE 5

1 INTENT AND PURPOSE 5

2 MANAGEMENT RIGHTS 6

3 UNION RECOGNITION 7

4 UNION SECURITY 8

5 CHECK OFF 9

6 SHOP STEWARDS/VISITATION 11

7 NO STRIKE‐NO LOCKOUT 15

8 GOVERNMENT SECURITY RESPONSIBILITY 17

9 TRIAL PERIOD/SENIORITY 18

10 MANAGEMENT/SUPERVISORS 20

11 HOURS OF WORK 21

12 OVERTIME 24

13 WAGE RULES 28

14 PREMIUM PAY 28

15 HOLIDAYS 29

16 VACATION 32

17 NON‐PAID LEAVES OF ABSENCE 36

18 PAID PERSONAL LEAVE 39

19 MILITARY LEAVE 41

20 BEREAVMENT LEAVE 41

21 JURY DUTY 42

22 PROMOTIONS/TRANSFERS/TEMPORARY ASSIGNMENTS 43

23 NEW OR REVISED JOB CLASSIFICATIONS 50

24 REDUCTION AND RESTORATION OF FORCES 50

25 DISCHARGE AND DISCIPLINE/ABSENCE FROM WORK 53

26 GRIEVANCES 55

27 ARBITRATION 59

28 UNIFORMS 65

29 BULLETIN BOARDS 66

30 GROUP INSURANCE 67

31 RETIREMENT PLAN (401k) 72

32 GENERAL 75

33 DURATION/SIGNATURE PAGE 82

APPENDIX 1 FIRE PROTECTION SERVICES

50 UNION RECOGNITION (FD) 84

51 TRIAL PERIOD/SENIORITY (FD) 84

52 MANAGEMENT/SUPERVISORS (FD) 87

53 HOURS OF WORK (FD) 88

54 OVERTIME (FD) 90

ARTICLE CONTENTS PAGE

55 WAGE RULES (FD) 97

56 PREMIUM PAY (FD) 97

57 HOLIDAYS (FD) 97

58 VACATION (FD) 100

59 PAID PERSONAL LEAVE (FD) 105

60 BEREAVMENT LEAVE 107

61 JURY DUTY (FD) 108

62 PROMOTIONS/TRANSFERS/TEMPORARY ASSIGNMENTS/PARAMEDIC PAY 109

63 UNIFORMS (FD) 118

64 GENERAL (FD) 119

65 SHIFT TRADES (FD) 120

APPEN. B‐1 UNIFORMS (FD) 123

APPEN C‐1 RANK AND PAY STEPS (FD) 125

APPEN‐ A APPENDIX A WAGES WITH CHART (ALL) 129

APPEN‐B AUTHORIZATION FOR DUES DEDUCTIONS 135

APPEN‐C SUBSTANCE ABUSE POLICY 136

APPEN‐D UNIFORMS CHART 149

APPEN ‐E ABSENTEEISM/TARDINESS POLICY 152

APPEN ‐F STEWARDS JURISTRICTION 156

APPEN ‐G SUBCONTRACTOR LETTER OF ASSENT 160

PREAMBLE

This agreement is made and entered into this August 1, 2020, by and between High Desert Support Services, LLC (HDSS), Fort Irwin Project (hereinafter referred to as the Company) and Teamsters Union Local No. 166 (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 contractor past practices are hereby null and void, and shall not constitute a precedent in the future enforcement of the terms and conditions herein.

01.05.00 HDSS has a long standing policy of seeking continuous improvement in its operations and will utilize tools such as Improving the Way We Work Training, Process Action Teams, Suggestion Programs, Customer Feedback Programs, Key Performance Indicators, Customer Contact Training and other programs which depend on employee participation and contribution. The Union agrees that such training is in the best interest of the employees and the Company and will encourage employee participation.

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 California 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, transfer and assign all employees;

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 Dismiss and/or discipline employees for just cause;

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

02.01.08 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.

02.01.09 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 California 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 of the Union 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 representative 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 hourly employees of the Company employed at the Fort Irwin Project on contract number W9124-B-18-C-0004 and its successor contracts.

Included: All nonexempt production and maintenance employees; all hourly employees of the Company employed in the TASC Department certified on October 6, 1988 in the NLRB case #31-RC-6434; all hourly employees in the Fire Department certified on July 24, 1987 in NLRB case #31-RC-6189, all hourly Range employees certified on February 22, 1988 in NLRB Case #31-RC-6272; all hourly Administrative employees certified on June 23, 1989 in NLRB Case #31-RC-6566; all hourly Computer Operators certified on November 16, 1988 in NLRB Case #31-RC-6459;

all hourly Airfield employees certified on January 17, 1989 in NLRB Case #31-RC- 6506; and all Leads.

Excluded: All other employees, confidential secretaries, Division & Branch Manager’s secretaries, all Human Resources and Office employees, Industrial Security Officer, Purchasing Agents, salaried Systems Analysts, salaried Software Specialists, Finance, with the exception of payroll, professional employees, guards and supervisors as defined in the Act.

ARTICLE 04.00.00 UNION SECURITY

04.01.00 Each present employee covered by the Agreement who is not a member of the Union, immediately following the expiration of thirty (30) calendar days after execution of this Agreement, as a condition of continued employment, shall become and remain a member of the Union.

04.02.00 All other employees hired after the execution of this Agreement shall, immediately following thirty (30) calendar days from their date of hire, or the effective date of this Agreement, whichever is later, become members of the Union as a condition of continued employment, 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 his membership so long as he regularly tenders to the Union his 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 his membership hereunder unless he fails or refuses to cure his 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 his delinquent dues and/or initiation fee. A copy of such notice shall be sent to the Company.

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, his date of hire, his location of employment, and his 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 CHECK OFF

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 his 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. In the absence of such notice of revocation, the authorization shall be renewed for each additional yearly period, or until the end of the collective bargaining agreement, whichever occurs sooner. The Company shall deduct from one bi-weekly payroll each month the current monthly dues or service fees amount and/or initiation fees specified by the Union.

05.02.00 In case any employee does not have the total amount of any deduction, or more, due him 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 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 “B”.

ARTICLE 06.00.00 SHOP STEWARDS/VISITATION

06.01.00 The Company agrees to recognize the Stewards and Chief Steward duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Stewards and Chief Steward shall be in that number required by the Union to assure each employee in the Unit ready access to a Steward in his assigned work location. It is agreed this objective can be achieved with a minimum of one (1) Steward per branch per shift as set forth in Appendix “F” unless modified by mutual agreement of the Company and the Union. It is also understood and agreed that the Union may maintain an average of one (1) Steward per forty (40) bargaining unit employees, per branch. There shall be one (1) Chief Steward for Public Works areas and one (1) Chief Steward for the Fire Department areas.

06.02.00 For the purpose outlined above, the Union agrees to supply the Company in writing, and shall maintain with the Company on a current basis, a complete list of all Union Stewards and the Chief Steward. The Company will provide this information to each first level supervisor having authority over employees covered by this Agreement. A current list of Shop Stewards shall be issued to new hires within ten (10) days.

06.03.00 Subject to other provisions of this Article, reasonable and necessary time off during work hours shall be authorized without loss of pay or benefits to permit Stewards to carry out their responsibilities to the Employees in the Unit and will not unreasonably interfere with assigned duties. Furthermore, the Union will ensure that Stewards engage only in those activities which are authorized by this Agreement or appropriate regulations.

06.03.01 Shop Stewards shall be allowed to attend a Shop Stewards meeting during working hours, without loss of pay, once every three (3) months. In addition, the Stewards shall be allowed to attend a Labor-Management Meeting during working hours, without loss of pay. The Union agrees that there shall be no other organized Union meetings conducted on the Company’s property except with the expressed permission of the Division General Manager. This shall not prevent the Union Representative from performing his required duties at the work place. Sufficient time shall be allowed for the processing of grievances under Article 26.00.00 without loss of regular straight time pay by the Steward(s) and the aggrieved employee(s) involved.

06.04.00 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 Shop Steward. 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.

When the Steward and/or employee find it necessary to discuss a problem permission to leave shall be requested from the supervisor. 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).

06.05.00 Subject to operational requirements, official time for the Union’s Steward(s) to attend training sessions will ordinarily be granted, not to exceed sixteen (16) hours per calendar year. The Union will notify the Company in writing, at least five (5) work days before any scheduled training, and not more than six (6) Stewards shall be absent for training at any one time.

06.06.00 The scope of the Steward’s activities on Company time shall be limited to the following:

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

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

06.06.03 To present a request concerning this Agreement, complaint or grievance to an employee’s immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

06.06.04 To meet with an appropriate Supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

06.06.05 To attend arbitration’s as directed by the Union. The Union may direct up to four (4) stewards to attend arbitration.

06.07.00 Shop Stewards have no authority to take strike action, or any other action interrupting the Company’s business. The Company, in so recognizing such limitation, shall have the authority to impose proper discipline, including discharge, in the event a 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 that he is taken away from his 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 he represents. The area of jurisdiction shall be determined by mutual agreement of the Company and the Union.

06.09.01 The Union may appoint a steward to act as an alternate chief steward to represent employees in areas not represented by a steward at any given time, and to assist other stewards.

06.10.00 An employee with two (2) or more year’s seniority while serving as a Shop Steward shall not be laid off or permanently transferred from his area of jurisdiction, or his shift, so long as other employees remain in his job title, and in the area of jurisdiction and on the shift for which he is designated as Steward. The Steward shall not be transferred for any reason except as otherwise provided for herein if other qualified employees are available unless the Union agrees to such transfer.

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

06.12.00 Subject to existing security regulations, the authorized Business Representatives 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, he shall report to the Labor Relations Manager or other authorized Company Representative who shall permit said representative to enter the Company’s premises, provided that such right shall be exercised reasonably and will not interfere with the normal conduct of the Company’s operations.

06.13.00 The Union agrees to supply the Company, a letter 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 terms and 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 term 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.

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.

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 As 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, Fort Irwin, and must comply with the security requirements and directives of its Contracting Officer. Should the Fort Irwin 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 Fort Irwin 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, he shall be permitted to displace a less senior employee in the job classification from which he was removed in accordance with his accumulated seniority, in accordance with Article 24.00.00.

Such employee shall not receive payment for wages or benefits lost during the period of removal from the classified work.

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 regulations when performing work for the Government. The Company and the Union agree 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 complies 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 is required in order to perform such work in the job classifications covered by this Bargaining Unit, which such security clearance shall be a condition of continued employment with the Company. Such employees shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any denial or withdrawal of such clearance by such governmental other authorized and appropriate agency of the United States Government. A denial or withdrawal of such clearance by such government agency shall be grounds for reassignment to available non-classified work for which the employee is qualified. If no such work is available, the employee shall be laid off in accordance with Article 24.00.00.

ARTICLE 09.00.00 TRIAL PERIOD/SENIORITY

09.01.00 New employees and those hired after a break in continuous service, regardless of classification, shall be considered on trial status until they have completed four hundred and eighty (480) actual work hours from the date of hire. The Company may lay-off or discharge such trial status employee and such action shall not be reviewable through the grievance procedure. Completion of said trial 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 October 1, 1996, will have their seniority based upon their length of service at the facility but in no case shall such seniority be dated earlier than October 1, 1981.

(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.

09.02.02 Those employees entering the bargaining unit after October 1, 1996, shall accrue seniority from date of employment, upon satisfactory completion of the respective trial 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 his job classification.

09.04.00 Employees hereunder shall have a period of fourteen (14) work days 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 writing 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 his 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 24.06.00.

09.05.04 Failure to be recalled from layoff within one (1) year 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.

09.06.00 In the event two 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 October 1, 1997, 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.

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 It is understood and agreed that supervisory personnel may perform work of employees covered by the Agreement under the following conditions.

10.02.01 For the purpose of instructing and training employees.

10.02.02 Under emergency conditions.

10.02.03 When an employee fails to report to work and other qualified employees are not available.

10.02.04 In order to prevent injury to employees or damage to property.

10.02.05 In circumstances which bargaining unit employees lack the technical ability to perform the work required.

10.02.06 When supervising three (3) or less employees performing work on the contract on the second (2nd) or third (3rd) shift.

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 or paid personal time in lieu of a reduction in force.

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 nor more than one (1) hour, shall constitute a standard work shift.

11.03.00 The normal work week shall consist of seven (7) consecutive days, beginning at 0001 hours Friday. 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 which are to be considered as the sixth (6th) and seventh (7th) day of 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. The first (1st) day off will be considered the fifth (5th) day of the work week, the second (2nd) day off will be considered the sixth (6th) day of the work week and the third (3rd) day off will be considered the seventh (7th) day of the work week.

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

(a) The first (day) regular shift will begin between 4:00 a.m. and 10:59 a.m.

(b) The second (afternoon) regular shift will begin between 11:00 a.m. and 7:59 p.m.

(c) The third (night) regular shift will begin between 8:00 p.m. and 3:59 a.m.

11.05.00 A non-regular work week is defined as follows:

(a) When scheduled for a five (5) day work week, as defined in 11.03.00, with other than Saturday and Sunday as the two (2) scheduled days off.

(b) When scheduled for a four (4) day work week, as defined in 11.03.00, with other than Saturday or Sunday as one (1) of the two (2) consecutive days off.

11.06.00 When shift start time changes are made seven (7) calendar days before the beginning of the work week as defined in 11.03.00 above, such affected employees shall receive no additional compensation. Such changes shall be communicated via an internal posting process.

11.06.01 In the event shift start time changes are not made seven (7) calendar days before the beginning of the employee’s work week as defined in 11.03.00, the employee shall be compensated for all hours worked outside his previously established shift at one and one-half (1 & 1/2) times his regular straight time rate of pay, except in the event that the shift start time changes are not made at the beginning of the employee’s work week when such changes are occasioned by climatic conditions and the specific task to be completed.

11.07.00 The Company shall permit the employee to take a fifteen (15) minute rest period during each half of the work shift, which may be taken without loss of pay. When climatic conditions warrant and operational requirements permit, management may direct additional rest periods without loss of pay. The Company shall permit the employee to take a fifteen (15) minute rest period at the end of his shift prior to the commencement of scheduled or unscheduled overtime. Lunch will not be taken in conjunction with the fifteen (15) minute breaks.

11.08.00 If a full time employee reports for work in accordance with instructions, he shall receive a minimum of his normal regular scheduled hours pay at that day’s base rate or premium rate, whichever applies. Report time will not apply in case of emergency shutdowns arising out of any condition beyond the Company’s control. An employee who leaves work of his own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day. An employee who leaves work because of incapacity due to a verified industrial injury will be paid for the balance of his shift at this base rate.

11.08.01 An employee recalled to work after completing his regular shift is to be paid the appropriate overtime rate for the time worked if he elects to go home upon the completion of the work he was recalled to do. Said employee shall be guaranteed a minimum of four (4) hours work or pay.

If said employee is required to work over four (4) hours, said employee shall be guaranteed six (6) hours pay at the appropriate rate of pay. If said employee works over six (6) hours, said employee shall be guaranteed eight (8) hours at the appropriate rate of pay.

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 daily overtime requirements, anticipated to be in excess of one (1) hour, on a voluntary basis by seniority among the employee(s) present in the classification on that shift in the section where he is performing the work on a straight time basis.

The Company will attempt to meet its overtime requirements for Saturdays, Sundays and holidays, on a voluntary basis by seniority among the employee(s) in the classification on that shift in the section who normally perform the work on a straight time basis. To identify volunteers desiring to work overtime employees may sign an overtime roster displayed on a company bulletin board in the Section. The posted rosters shall include the next six (6) consecutive days. The posted roster shall include spaces for the employee(s) printed name, seniority date, shift, employee number, contact number or contact reference and signature.

When overtime is necessary in the Section, the Section Supervisor will assign the most senior employee(s) from the roster. If there are insufficient volunteers the supervisor may offer the overtime to other employees in the Section on that shift. If there are still insufficient volunteers, the least senior employee in the classification, in the Section, on that shift, will be assigned. The least senior employee present shall be forced on a daily basis. The least senior employee who normally performs the work on straight time basis shall be forced for Saturdays, Sundays and holidays. Any employee who is temporarily assigned to another section for less than one (1) full shift shall be eligible for overtime in the section he was temporarily assigned to for that day, as set forth herein.

12.02.02 It shall not be mandatory that any employee in the bargaining unit work more than fourteen (14) consecutive days without two (2) consecutive days of rest. Once an employee has worked fourteen (14) days, the employee is entitled by right to take the next two (2) consecutive days off.

The employee has the option to choose any two (2) consecutive days off thereafter and shall be given those two (2) days off so long as both parties mutually agree to those two (2) days. The Company shall not unreasonably deny the employee of his choice of those two (2) consecutive days.

12.02.03 For the Public Works Division only, overtime for emergency and urgent conditions as defined in TE-C-2-1 SPEC, Work Request Procedures of W9124B-18R-004, hereinafter referred to as “priority conditions”, or as determined by the Company shall be assigned as follows:

(a) The most available employee shall be dispatched to the work site and may work continuously as needed until the “priority condition” is controlled or completed, or to the time he is relieved to go home for the day, whichever is sooner.

(b) On the following shift after the “priority employee” is relieved, the selection of his replacement shall be done in accordance with 12.02.01.

12.03.00 Overtime is calculated from the start of the assigned workweek until the end of the seventh (7th) day. Overtime shall be paid on the following basis for employees who are assigned to a five (5) day eight (8) hour schedule.

12.03.01 For hours worked in excess of eight (8) in a day at one and one-half (1 &

1/2) times the effective hourly rate.

12.03.02 For hours worked in excess of forty (40) in a work week at one and one-half (1 & 1/2) times the effective hourly rate. Hours paid for sick leave, holidays, vacation, bereavement leave, military leave, medical appointments during working hours for Worker’s Compensation, jury duty and time spent in arbitration for three (3) stewards shall be considered as time worked.

12.03.03 For hours worked on the seventh (7th) day in the work week, (second

{2nd} regularly scheduled day off) at two (2) times the effective hourly rate, provided the employee has not had an unauthorized absence during the employee’s regularly scheduled work week.

12.03.04 For hours worked in excess of a twelve (12) hours continuous period at two (2) times the effective 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.

12.06.00 The Company may establish a basic straight-time work week of four (4) ten (10) hour days as follows:

12.06.01 Ten (10) hours work shall be offered each employee in the affected group.

When an employee requests to work less than ten (10) hours per day, and such request is approved by the Company, he shall be paid at his regular hourly rate for the time actually worked.

12.06.02 The fifth (5th) day worked in any work-week shall be paid for at one and one-half (1 & 1/2) times the regular hourly rate.

12.06.03 All hours worked in excess of twelve (12) hours (excluding one-half (1/2) hour for lunch) in any one day, or fifty (50) hours in any work week or on the seventh (7th) day of the work week (third regularly scheduled day off) shall be paid at two (2) times the regular hourly rate, provided the employee has not had an unauthorized absence during the employee’s regularly scheduled work week.

12.07.00 “Regular Straight Time Rate” is defined as the wage rate shown for each classification on the wage schedule in Appendix “A” to this Agreement.

12.08.00 The wearing of beepers or standing by for a phone call for emergency calls shall be on a voluntary basis only. If no one volunteers, the Company will call for people by seniority. If no senior employee(s) volunteers to come to work, the junior employee(s) may be forced to report to work. Wearing of beepers on or off the job site is not compensatory time.

12.09.00 An employee who has worked overtime, either scheduled or unscheduled, during the work week shall not have his 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 his work schedule by his own request in a manner whereby the payment of overtime would be required.

12.10.00 For the purpose of this Agreement, “effective hourly rate” is defined as the hourly rate resultant from dividing the employee’s total basic remuneration for employment for the work week by the employee’s total number of hours worked, plus the total number of hours paid but not worked, in the work week.

ARTICLE 13.00.00 WAGE RULES

13.01.00 The Company shall pay the scale of wages included in Appendix “A” made a part hereof.

ARTICLE 14.00.00 PREMIUM PAY

14.01.00 A shift differential premium of thirty cents ($.30) per hour will be paid to all full time bargaining unit employees working on the second (2nd) shift as defined in 11.04.00 (b).

14.02.00 A shift differential premium of forty cents ($.40) per hour will be paid to all full time bargaining unit employees working on the third (3rd) shift as defined in 11.04.00 (c).

14.03.00 With respect to the second (2nd) (afternoon) and the third (3rd) (night) shift, shift differential premiums shall be determined by the full time employee’s start time in the work day as defined in 11.04.00 (b) and (c).

14.04.00 A shift differential premium of thirty five cents ($.35) per hour will be paid to all full time bargaining unit employees working a rotating shift schedule. A rotating shift schedule is defined as a schedule where the employee is assigned to regularly work two (2) or more different full whole shifts (day, afternoon and/or night) as defined in section 11.04.00.

14.05.00 Shift differential premiums will be paid to all full time bargaining unit employees 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 or 14.04.00 above.

14.06.00 Any full time employee working a non-regular workweek shall receive a premium of twenty cents ($.20) per hour.

14.07.00 Part time employees shall not be eligible for any shift premiums as contained in this

Section. In lieu of any said shift differential, part time employees shall receive a premium of thirty cents ($.30) added to the fringe benefit payment as stated in Section 30.12.00.

ARTICLE 15.00.00 HOLIDAYS

15.01.00 The following eleven (11) days are designated as holidays:

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 Floating Holiday

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.

15.01.01 The Floating Holiday referred to in this Article shall be requested in writing at least seven (7) calendar days…