Attachment_13-Ft_Rucker_CBA_2018-2020.pdf

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REFUEL DEFUEL SERVICES Federal contract opportunity
Solicitation number
W9124G18R0007
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort Eustis

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Attachment 13-Ft Rucker CBA

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Text version

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

Primus Solutions, LLC., Refuel/Defuel Services Fort Rucker, Alabama

AND THE

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, AFL-CIO

LOCAL LODGE NO. 2003/DISTRICT LODGE 75

Daleville, Alabama

August 1, 2018 through July 31, 2020

Table of Contents

SECTION PAGE

AGREEMENT

ARTICLE 1 RECOGNITION

ARTICLE 2 MANAGEMENT RIGHTS

ARTICLE 3 WAGE AND HOURS

3.1 Employee Classifications and Wages

3.2 Shift Differential

3.3 Reporting and Call Back Pay

3.4 Hours of Work

3.5 Overtime

3.6 Pay Period

ARTICLE 4 VACATION

ARTICLE 5 PERSONAL LEAVE PAY

ARTICLE 6 HOLIDAYS

ARTICLE 7 LEAVES OF ABSENCE

7.1 Personal Leave

7.2 Medical Leave

7.3 Jury Duty and Military Leave

7.4 Bereavement Leave

7.5 Voting Leave

7.6 Family and Medical Leave

7.7 Union Leave

ARTICLE 8 HEALTH BENEFITS

8.1 Group Medical, Dental and Vision Insurance

8.2 Group Life and Accidental Death and Dismemberment Insurance

8.3 Short-Term Disability

8.4 Hearing Test

8.5 Machinists Custom Choice Worksite Benefit Program

ARTICLE 9 GENERAL

9.1 Wearing Apparel

9.2 Mileage

9.3 Travel Status

9.4 Recertification

ARTICLE 10 SENIORITY

10.1 Seniority Definition

10.2 Broken Seniority

10.3 Part-Time Employees

10.4 Probationary Employees

ARTICLE 11 NEW CLASSIFICATIONS AND VACANCIES

11.1 Bidding and Award

11.2 Establishing New Classifications

11.3 Discontinuance of Operation

ARTICLE 12 LAYOFFS

12.1 Temporary Layoff/Cancellations

12.2 Indefinite Layoff

ARTICLE 13 UNION REPRESENTATION AND SECURITY

13.1 Steward/Grievance Committee

13.2 Bulletin Boards

ARTICLE 14 UNION SECURITY

ARTICLE 15 SUPERVISORS WORKING

ARTICLE 16 GRIEVANCE AND ARBITRATION

ARTICLE 17 STRIKES AND LOCKOUTS

ARTICLE 18 BARGAINING ON EXCLUDED MATTERS

ARTICLE 19 JOB DESCRIPTIONS

ARTICLE 20 PRODUCTIVITY, EFFICIENCY AND SAFETY

ARTICLE 21 DRUG- AND ALCOHOL-FREE WORKPLACE

ARTICLE 22 FINANCIAL INSTITUTION DEDUCTIONS

ARTICLE 23 PENSIONS

ARTICLE 24 401(K) PLAN

ARTICLE 25 COMMERCIAL DRIVER’S LICENSE

ARTICLE 26 MNPL DEDUCTIONS

ARTICLE 27 SUCCESSORSHIP

ARTICLE 28 DURATION

APPENDIX A JOB DESCRIPTIONS

AGREEMENT

This Collective Bargaining Agreement (“Agreement”) is made and entered into this August 1, 2018 by and between Primus Solutions, LLC. Fort Rucker Division (herein “Company”), a subsidiary of Artic Slope Regional Corporation, and International Association of Machinists (IAM&AW) and Aerospace Workers, AFL/CIO and its Local Lodge No. 2003/District Lodge 75 (herein “Union”) as representative for the purpose of collective bargaining of the employees hereinafter defined, located at Ft. Rucker, Alabama. Said parties agree as follows:

(a) The purpose of this Agreement is to provide orderly collective bargaining relations between the Company and the Union, to secure a prompt and fair disposition of grievances and to stabilize employment relations for the duration of this Agreement.

(b) The term “Employee” or “Employees” as used in this Agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article and this Agreement shall apply only to such employees. Any terms denoting the masculine gender used herein such as “he” or “his” shall refer to both male and female employees of the Company.

(c) This Agreement shall constitute the entire agreement between the parties and can be changed or modified only by a document in writing signed on behalf of both parties hereto.

(d) No past practice or agreements prior to the effective date of this Collective Bargaining

Agreement shall be binding upon the Company or Union.

(e) The parties acknowledge that the work performed under this Agreement is pursuant to a contract between the Company and an agency of the U.S. Government (herein “Government”). The parties recognize that the Company is required at all times to fully meet its obligations as a federal government contractor, to comply with all laws applicable to its work performed under this Agreement and to comply with the terms of any Company contract(s) with the Government.

ARTICLE 1

RECOGNITION

Primus Solutions, LLC., Fort Rucker Division recognizes Local Lodge No. 2003, International Association of Machinists and Aerospace Workers, AFL/CIO, as the exclusive collective bargaining representative for the following bargaining unit recognized by the National Labor Relations Board Certification 15-RC-6997 dated August 18, 1983:

All the Company’s full-time and regular part-time refueling and maintenance employees, including refuelers, leadman and mechanics employed by the Company at its Fort Rucker, Alabama locations, but excluding all receiving clerks, and office clerical employees, professional employees, guards, and supervisors as defined in the NLRA, and all other personnel.

ARTICLE 2

MANAGEMENT RIGHTS

(a) The Company and the Union agree it is the function and right of the Company to exercise its own judgment, discretion and prerogatives in developing processes, procedures and standards to meet the work requirements, Government specifications, customer acceptance and to meet competition in order that its business is secure, its profits assured and jobs and wages protected.

(b) Except insofar as it is specifically abridged by express provisions of this Agreement, the management of facilities and equipment, and direction and supervision of employees are vested in the Company. This includes but is not limited to, the right to hire, assign, transfer, promote, reclassify, suspend for just cause, discipline for just cause, or discharge for just cause, making of reasonable rules and regulations not in direct conflict with the terms of this Agreement, to relieve employees from duty because of lack of work, and to maintain discipline and efficiency of employees provided that this will not be used for the purpose of discrimination against any employee as defined in paragraph (g) of Article 2.

(c) Rules and regulations shall be enforced consistently. The Union and employees shall be notified prior to the institution of new rules and regulations. The implementation of new rules and regulations shall not be subject to the grievance procedure. However, the Union shall have the right to protest through the grievance procedure the extent of any penalty levied against employees for any alleged violation of such rules and regulations.

(d) Management at its sole and exclusive discretion shall determine the size of the workforce, including the number of employees assigned to any particular operation, and to establish and modify, as needed, its policies concerning the selection of employees and job qualifications; to subcontract the work in whole or in part, as to vehicle and equipment maintenance; to establish or abolish job classifications, departments or operations; to change or combine departments or operations, to determine the work place and work performance levels, including the starting and quitting times and the number of hours in any one day, or week, and shifts to be worked; and to determine when overtime shall be worked and, if so, to what extent.

(e) All other rights traditionally exercised by management also are expressly reserved, even though not enumerated above, except insofar as it is specifically abridged by express provisions of this Agreement.

(f) The failure of the Company to exercise any function or right reserved to it hereunder, or the exercise of any function or right in a particular way, shall not constitute a waiver of the Company’s authority to exercise such right or function or to exercise same in some other way not in express conflict with a provision of this Agreement.

(g) There shall be no discrimination with regard to hires, tenures, terms or conditions of employment because of race, color, sex, marital status, religion, disability or national origin. Any action or conduct that does not constitute actionable discrimination under federal or state employment laws shall not constitute discrimination under this Agreement.

(h) The waiver of any breach or condition of this agreement shall not constitute a precedent for any further waiver of such breach or condition.

ARTICLE 3

WAGE AND HOURS

3.1 Employee Classifications and Wages

Category Current Rate Effective 01 October 2018

Effective 01 October 2019

Refueler Base Hourly Rate

2 Years $24.08 $24.80 $25.55

1 Year $22.35 $23.02 $23.71

Start $20.69 $21.31 $21.95

Heavy Equipment Mechanic and Fuel System Distribution Mechanic Base Hourly Rate

2 Years $33.91 $34.93 $35.98

1 Year $31.40 $32.34 $33.31

Start $28.95 $29.82 $30.71

Grounds Maintenance Laborer

Start $11.47 $11.81 $12.17

(a) Annual pay increases will effect all employees. Employees with less than one year of employment will receive the new start rate of pay.

(b) Transfer into Heavy Equipment Mechanic or Fuel Distribution Mechanic will begin at the starting rate of pay.

(c) All employees specifically assigned and designated in writing as Lead person will be paid a bonus of $1.75 per hour. Temporary Lead personnel shall receive the same bonus for all hours specifically assigned in writing and worked as a Lead person.

(d) An employee who changes classifications to a lower classification will be slotted into the appropriate rate of pay based on the employee’s years of service. An employee who transfers to a higher classification will be paid the minimum rate of the higher classification.

3.2 Shift Differential

(a) An employee assigned to and begins work on the second shift shall be paid a bonus of $0.80 per hour shift differential.

(b) An employee assigned to and begins work on the third shift shall be paid a bonus of $1.05 per hour shift differential.

3.3 Reporting and Call Back Pay

(a) An employee who is scheduled and reports to work at the scheduled time without being notified not to report and who is subject to being sent home due to weather, schedule changes, and/or flight cancellations shall be given a minimum of two hours’ pay at his applicable rate. Employees reporting to work may be required to perform work based on the situation and company needs at the time.

(b) An employee who is not scheduled and is called and reports for work, shall receive a minimum of two hours’ work or two hours’ pay at the applicable rate.

(c) An employee who is called and reports back for work after he has completed his regular assigned shift and departed from the premises shall receive a minimum of two hours’ pay at his applicable rate, unless such work is to be performed immediately before and in conjunction with the employee’s next shift.

(d) All employees are required to provide the Company means of communication (telephone or pager) for notifications. Employees failing to provide a means of communication for notification may be refused the two hours reporting pay.

3.4 Hours of Work

(a) The work week shall begin at 12:01 a.m. on Monday and end at midnight on the following Sunday. The “regular” assigned work week for full-time employees shall consist of 40 hours, five consecutive days, beginning on Monday. The “odd” assigned work week for full-time employees shall consist of 40 hours, five consecutive days beginning on a day other than Monday. Full-time employees assigned to the “odd” work week may be required to work at any work location on their assigned shift on Saturday and Sunday in accordance with work load demands. Work schedules may be changed by the Company from time to time to suit varying conditions of business.

(b) This section defines only the normal hours of work and shall not be construed as a guarantee of hours of work per day, or per week, or of days of work per week.

Nothing in this section shall be deemed to prohibit the Company from establishing a new and different normal work day, or a new and different schedule of work within the work week, in the exercise by the Company of its business judgment.

(c) Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The starting times of the various shifts is as follows:

First Shift: Beginning at or after 5 a.m.

but before 11 a.m.

Second Shift: Beginning at or after 11 a.m.

but before 6 p.m.

Third Shift: Beginning at or after 6 p.m.

but before 5 a.m.

(d) A break of ten (10) consecutive hours must separate each 12 hours of work. For purposes of this provision, “work” shall include all work performed for any employer.

(e) Employees will be allowed one scheduled 15-minute rest period before and one 15-minute rest period after lunch in each complete scheduled work day. The Company will attempt to establish the first rest period at approximately mid-way between the beginning of the shift and the lunch period, and will attempt to establish the second rest period approximately mid-way between the lunch period and the end of the shift.

Employees required to work overtime shall be entitled to the regularly scheduled rest period on the shift during which the overtime is worked. Employees shall work up to the start of the rest period and be at their place of work at the end of the rest period.

Employees at base fields will be allowed to clean up their work stations and vehicles 15 minutes prior to the end of the shift. At stage field operations, this clean-up period applies only to vehicle operators and one refueler. Nothing in this section is intended to detract from providing a normal eight-hour work day for full-time employees.

(f) The Company will use one-fourth of an hour (15 minutes) as a unit in computing tardiness. If an employee clocks “in” from eight to 15 minutes late, the employee will lose one-fourth of an hour (15 minutes). If an employee is tardy for longer than 15 minutes, the regular procedures of computing the time to multiples of 15-minute intervals will apply. Employees shall not be required to work during the period used in computing tardiness. The foregoing shall not be considered as a limitation on the right of the Company to take disciplinary action for repeated or unexcused tardiness.

(g) When an employee arrives at work earlier than the normal starting time for his shift, the employee shall not record time on his time card prior to 15 minutes before the shift starting time. No payment will be made for early starting unless the supervisor has authorized the employee to start work at a time earlier than the normal starting time.

(h) Should an employee fail to punch his time card, such employee will bring the matter to the attention of his supervisor and the employee will be required to prove to the supervisor that he was at work during any time for which the employees wants credit.

The card must bear the “OK” of the supervisor before such credit is given.

(i) An employee shall be expected to be at his work location ready for work at the beginning of his shift and shall be expected to continue working until the end of said shift.

(j) Lunch break will be established and designated by the Company for periods ranging from 30 minutes to one hour, at approximately the mid-points of the shifts, in keeping with sound business practices and efficiency. Lunch time will not be paid time.

(k) The Company will designate a telephone number for employees to call to report their absence from work and maintain a call-in log showing employee’s name, classification, date and time the call was received.

(l) The Company will post on a weekly basis at each base field a current overtime rotation list for the base field.

3.5 Overtime

(a) Time-and-one-half will be paid for:

1. All time worked over eight hours in a work day.

2. All time worked over 40 hours in a work week.

3. All time worked on a holiday as defined in Article 6.

(b) Time-and-one-half will be computed at one-and-one-half times the employee’s base wage rate exclusive of any premiums.

(c) There shall be no pyramiding of premium or overtime pay and nothing in this

Agreement shall be construed so as to require the payment of premium or overtime pay more than once for the same hours worked.

(d) Full-time employees will be given preference for overtime required by regularly scheduled stage field driving, for regular weekend assignments at Cairns base field, and for “add-on” work as described in this paragraph. Under this Agreement, “add on” work is defined as work involving non-regular refueling requirements issued to the Company by the Government that are outside the normal requirements of the contract between the Company and the Government. A regular weekend assignment at Cairns refers to regular work at Cairns base field that is not assigned to employees as part of an odd work week schedule. Overtime required by regularly scheduled stage field driving refers to the daily overtime typically associated with driving a fuel truck to a stage field during a regular shift of at least eight hours. When filling multiple overtime requirements at the stage fields, the position responsible for driving the fuel truck from the base field will be filled first.

(e) Overtime work will first be offered to the employee at the top of the rotation list in the classification, on the shift and at the work location where the overtime exists. If no employees on the shift and at the work location accept the overtime, it will next be offered to the employee at the top of the rotation list in the classification, on the shift and at the base field where the overtime exists. If no employees assigned to the work location or base field accept the overtime, then it will be offered to full-time employees project-wide by seniority. If no full-time employees accept the overtime, then a part-time employee will be scheduled. If no part-time employee is available to work the overtime, the low senior full-time employee on the shift and at the location where the overtime will be performed will be scheduled to work.

(f) An employee will be rotated on the overtime rotation list when the overtime is worked or refused, or when the employee is absent and the overtime is available. Employees who do not satisfy scheduling requirements under paragraph 3.4(d) at the time overtime is available, will not be offered overtime and will not be rotated on the overtime rotation lists. Employees will not be rotated on the overtime rotation list when they turn down off shift overtime at their work location.

(g) When an employee is permanently transferred, reclassified or hired, the employee will be positioned on the bottom of the rotation list.

(h) Once an employee volunteers for or is assigned available overtime, he will be required to work the overtime unless he is unable due to circumstances beyond his control.

(i) For purposes of calculating daily overtime under paragraph 3.5(a) of this Agreement, a “work day” is defined as a 24-hour period beginning at midnight and ending the following evening at midnight. Full-time and part-time employees shall be paid daily overtime for hours worked in excess of eight hours on any such work day. The work day used for calculating daily overtime is not subject to variation of change under this Agreement based on the daily start time of the employee.

(j) For purposes of calculating weekly overtime under paragraph 3.5(a) of this Agreement, a “work week” is defined as a 168-hour period beginning at 12:01 a.m. Monday and ending at 11:59 on the following Sunday. The “work week” for purposes of calculating weekly overtime shall be the same for all full-time and part-time employees under this Agreement.

3.6 Pay Period

(a) The Company will pay employees on a bi-weekly basis. An employee’s first check will be received during the two-week payroll period following the first two-week payroll period worked. Thereafter, the employee will be paid every two weeks.

The Company may at its discretion elect to change the pay period to a weekly pay period and may utilize either a weekly or bi-weekly pay period during the duration of this Agreement.

(b) Any employee indefinitely laid off or terminated will be paid in full on the pay day occurring during the following pay period. This paragraph [3.6(b)] shall not apply to temporary layoffs, including temporary layoffs during the Christmas holiday.

(c) All employee’s covered under this agreement will provide the company with the necessary banking information to receive their pay via direct deposit. Employees who fail to provide the banking information will receive their paychecks via the United States Postal Service. Should a paycheck be lost, a request for a replacement paycheck cannot be made until five workdays after the paycheck was mailed.

ARTICLE 4

VACATION

(a) Ten days’ vacation will be provided to full-time hourly employees who have one year but less than 8 years of continuous service, after each year of continuous service.

(b) Fifteen days’ vacation will be provided to full-time hourly employees who have 8 years but less than 16 years of continuous service, after each year of continuous service.

(c) Twenty days’ vacation will be provided to full-time hourly employees who have 16 years or more of continuous service, after each year of continuous service.

(d) Vacation will be available to each part-time employee after one year’s continuous service on a pro-rata basis of hours worked during that year as related to a full-time employee with one year but less than 8 years of continuous service. After 8 years but less than 16 years of continuous service a part-time employee’s vacation shall be determined on a pro-rata basis of a full-time employee with 8 but less than 16 years of continuous service. After 16 years or more of continuous service a part-time employee’s vacation shall be determined on a pro-rata basis of a full-time employee with 16 or more years of continuous service.

(e) One year’s continuous service is defined as the time between the employee’s anniversary date from year-to-year, including continuous service with the predecessor contractor. Anniversary date is defined as the employee’s hire date.

(f) Vacation will be paid at the current base hourly rate at the time the vacation is taken.

(g) Preferred vacation scheduling in increments of forty (40) hours or more, should be submitted by the employee at least two weeks prior to the date requested. The employee’s vacation schedule for forty (40) hour blocks shall be coordinated with the work load schedule and is subject to review and approval by his immediate supervisor and the Project Manager. An employee will be notified in writing by the Company within three work days of approval or disapproval of such request. The Company will provided a reason to an employee for disapproval of a vacation request. The Company shall have full authority to schedule vacations for optimum performance under the contract. If the employee is granted vacation time upon this request, he may expect some leave without pay to be necessary during low work load periods.

(h) Less than a full week of vacation may be taken as production requirements permit when approved by the employees’ supervisor. Requests for more than one full day but less than a full week of vacation may be made no later than 24 hours prior to the start of the requested vacation time.

All base fields will have a roster for employees to schedule vacation time of more than one (1) day but less than forty (40) hours. Approval or disapproval will be given in writing within one (1) working day.

Vacation request of one (1) day or less will be made on a form provided by the Company. Request will be made no later than 24 hours prior to the start of the vacation time. Written approval or disapproval will be given.

(i) Employees having the greatest seniority will be given first choice in selecting their vacation preference. However, a less senior employee who has been approved for vacation cannot have that vacation bumped by a more senior employee within the 90 -day period before the vacation is scheduled to begin.

(j) Any employee indefinitely laid off or terminated will be paid in full for any accrued, unused vacation hours on the pay day occurring during the following pay period. An employee who is indefinitely laid off or terminated, shall have his vacation pay paid on a pro-rata basis for the period the employee has worked. Vacation leave shall not accrue during an indefinite layoff.

(k) The Company shall pay an employee any unused days of earned vacation upon reaching the next anniversary date or the employee may carry over twenty-four (24) unused hours. Payment will be made on the payroll immediately following the anniversary date. Separate payment will be made upon request within 30 working days of submitted request.

(l) The Company shall maintain records on each employee for determination of anniversary dates and days of vacation earned and taken. The information will be available during normal working hours upon the employees’ request.

(m) Vacation hours are considered regular hours worked for overtime purposes. Normal accrual of vacation and personal leave will continue during vacation time.

(n) Vacation hours may be utilized when a employee does not have any personal leave time on the books. The Company must approve the use of vacation time inlue of personal leave at least twenty four (24) hours in advance and/or on a case by case basis.

ARTICLE 5

PERSONAL LEAVE PAY

(a) The Company will provide eight days’ personal leave pay to each full-time hourly employee after one year of continuous service. The maximum total annual accrual of personal leave pay under this Agreement shall be eight days. Personal leave pay will be available to each part-time hourly employee after one year of continuous service on a pro rata of hours worked during that year as related to full-time employees.

(b) One year of continuous service is defined as the period between the employee’s anniversary date from year-to-year. Anniversary date is defined as the employee’s hire date.

(c) The Company shall pay the employee any unused days of earned personal leave as of the next anniversary date or the employee may carry over twenty-four unused hours.

Payment will be made on the payroll immediately following the anniversary date.

Separate payment will be made upon request within 30 working days of submitted request. Records will be maintained on each employee to determine used and unused personal leave days. If an employee who is laid off or terminated, then personal leave pay shall be paid on a pro-rata basis for the period the employee has worked. Personal leave shall not accrue during an indefinite layoff. This information will be available during normal working hours upon employee’s request.

(d) Paid personal leave will be computed based on an (8) eight-hour work day at the current base hourly rate at the time the personal leave is taken.

(e) To be granted personal leave the employee must notify his immediate supervisor at least two (2) hours prior to the start of his normal work period. Such leave will not be unreasonably denied.

(f) Employees who sustain an injury or illness, occupational or otherwise, may be required to furnish a doctor’s release upon returning to work, on a form provided by the Company. The doctor’s release will state the employee can return to his DOT safety-sensitive duty without restrictions in accordance with job description. It will be furnished to the employee’s supervisor or to the Project Manager.

Employees who sustain a illness or injury for three (3) consecutive days or more may be required to furnish a doctor’s release upon returning to work, on a form provided by the Company. Employees who sustain an illness or injury for less than three (3) consecutive days, if no doctor’s release is provided to the Company, the employee must certify by submitting written and signed personal release that he/she is able to return to work and perform assigned duties without restrictions in accordance with DOT regulations.

(g) Personal leave hours are considered regular hours worked for overtime purposes.

Normal accrual of vacation and personal leave will continue during personal leave time.

ARTICLE 6

HOLIDAYS

(a) The Company recognizes 12 paid holidays per year for full-time hourly employees.

These holidays are:

a. New Year’s Day

b. Martin Luther King’s Birthday

c. Washington’s Birthday

d. Memorial Day

e. Independence Day

f. Labor Day

g. Columbus Day

h. Veteran’s Day

i. Thanksgiving Day

j. Christmas Day

k. Christmas Eve

l. New Year’s Eve

(b) The Company may substitute for any of the above named holidays another day off with pay. The employee will be notified five days prior to the scheduled holiday if another day is to be substituted. If a military holiday is declared that would require an employee to lose a day’s pay, he may opt to take one day of vacation or personal leave.

(c) In addition to the holidays listed above, the Company will observe any holidays declared as a legal holiday by Congress, the President or military authority and observed by the military for which government employees are paid (i.e., Moon Day, Eisenhower’s death).

Such holiday observance shall be handled the same as a recognized holiday. If a military holiday is declared for which government employees are not paid, and which would otherwise require an employee to lose a day’s pay, he may take one day of accrued personal leave or vacation leave, if available.

(d) Part-time employees will be entitled to pro-rata holiday pay for holidays in accordance with the provisions of this section, based on the number regular of hours that employee works and the vacation/personal leave they take the workweek prior to the workweek in which the holiday occurs.

(e) Holiday work will be offered on a rotating basis by project-wide seniority first to the full-time employees who are in the classification and assigned to the shift on which holiday work is required. If no full-time employees on the shift accept the holiday work, it will be offered to other full-time employees in the classification by project-wide seniority, before offering holiday work to part-time employees. It is the intent of the Company to first offer such work to full-time employees project-wide by seniority.

(f) The Holiday rotation list will be maintained separate from the regular overtime rotation list.

(g) Employees who are absent the day before or after the scheduled holiday shall have approval from their supervisor and the Project Manager before taking such leave. If approval has not been granted by the supervisor and Project Manager, then such holiday pay will be subject to refusal

(h) Holiday hours are considered regular hours worked for overtime purposes. Normal accrual of vacation and personal leave will continue during holiday time.

ARTICLE 7

LEAVES OF ABSENCE

7.1 Personal Leave

Leaves of absence without pay for relatively short periods (three consecutive days or more) may be granted to employees for personal reasons, and seniority shall accumulate during such leaves. At the Company’s discretion, employees may be permitted to use accrued personal leave time in connection with personal leaves under this paragraph.

7.2 Medical Leave

(a) Medical leaves of absence without pay shall be available to non-probationary employees who are unable to work due to their own serious health condition. A “serious health condition” under this provision shall have the same definition as under the FMLA Policy. Leave under this provision will initially be granted for a period not exceeding 30 calendar days, provided the employee furnishes documentation satisfactory to the Company reflecting such serious health condition. If the serious health condition continues beyond the 30 days, the leave of absence shall be extended, provided the employee furnishes documentation satisfactory to the Company from a physician stating the necessity for such extension. The maximum total leave available under this provision shall be the shorter of: (i) the length of the employee’s seniority; or (ii) 18 months.

(b) Employees on leave for non-work related conditions shall be required to continue to pay their share of health and dental insurance premiums. The Company will continue to pay its share of health and dental insurance costs for employees on such medical leave for the first 12 months following the start of leave. Following the first 12 months of leave for non-work related conditions, employees are solely responsible for full payment of all insurance premiums elected insurance costs.

(c) Employees who are unable to work due to a work-related injury shall be placed on worker’s compensation leave in accordance with the requirements of applicable law.

Employees on worker’s compensation leave shall be required to continue to pay their share of health and dental insurance premiums. The Company will continue to pay its share of health and dental insurance costs for employees on medical leave due to a work-related condition for the first 18 months following the start of leave.

Following the first 18 months of medical leave for work-related conditions employees are solely responsible for payment of health care and dental insurance costs.

(d) All leave under this provision shall run concurrently with any leave to which an employee is entitled under the Company’s Family and Medical Leave Policy.

(e) At the end of each month the Company will furnish the Union a list of employees on extended leave of absence for serious health conditions. This list shall include the date such leave commences.

(f) Any leave of absence obtained through false pretense shall be invalid and the employee’s absence shall be recorded as unauthorized and such disciplinary action shall be taken as the Company believes warranted, including discharge.

(g) All applications for a leave of absence shall be made in writing by the employee

(unless beyond the employee’s capability) on a form provided by the Company and, if approved or disapproved, the employee will be so notified in writing.

(h) Should a serious health condition require absence from work for treatment or convalescence, a certificate of fitness from a medical doctor must be furnished to the Company by the employee at each medical appointment and prior to return to work.

The Company may require a physical examination by a medical doctor selected by the Company prior to the employee’s return to work. If the Company requires such second physical examination, it must schedule the employee’s appointment with the doctor. The second examination will be at the Company’s expense.

(i) An employee will continue to accrue seniority, and vacation and personal leave pay benefits during the first six months of leave under this provision. After six months, an employee will continue to accrue seniority as provided in Article 10, but will not accrue other employment benefits.

(j) A Part time employee who is out on medical leave will accrue vacation and personal leave pay benefits using the total number of hours worked the 6 months prior to the start of the medical leave to determine a weekly average. These hours will be used to generate the proration as to the 2080 full time hours .

7.3 Jury Duty and Military Leave

Leaves of absence for jury duty and military duty will be handled by the Company in accordance with applicable federal and state laws. Normal accrual of vacation and paid personal leave will continue during jury duty leave. Normal accrual of vacation and paid personal leave will continue for the first 90 calendar days of military leave.

7.4 Bereavement Leave

(a) The day of the funeral of a spouse’s grandparent, brother-in-law, sister-in-law, stepsister, stepbrother, son-in-law, and daughter-in-law will be given as leave without pay if it occurs on the employee’s regularly scheduled work day.

(b) A full time employee (or part time employee, with 91 days of service who regularly works 30 hours or more per week, qualification monitored on a monthly basis) who attends the funeral of a legal spouse, father, mother, father-in-law, mother-in-law, grandparent, stepparent, brother, sister, child, grandchild, or stepchild on a regularly scheduled work day will be granted 24 hours, three consecutive eight-hour days, bereavement pay. Such pay shall not duplicate paid vacation, holiday, personal leave, nor include any premium pay. It is understood that bereavement leave, if taken will be used for the intended purpose (i.e., to attend to the arrangements for the funeral, to attend the funeral, and to attend personal business necessitated by the death). If requested by the Company, the employee will be required to furnish proof of death. In the event that a grandparent raised an employee as a parent, such grandparent may be considered a parent for the purpose of this provision. “Child” includes a foster child placed in the employee’s home by a state agency. Bereavement leave hours paid under this paragraph [7.4(b)] will be considered hours worked for overtime purposes.

Normal accrual of vacation and paid personal leave will continue during bereavement leave.

7.5 Voting Leave

An employee who is a registered voter shall be granted adequate time off without pay from assigned Company duties to vote in any state or federal election, in the event the employee does not have adequate time to vote before or after his regularly scheduled shift.

7.6 Family and Medical Leave

(a) Employees who have worked for Primus Solutions for at least 12 months and at least 1,250 hours during the prior 12 months may take up to 12 weeks of unpaid leave in a 12-month period in accordance with the Family and Medical Leave Act for: birth and/or care of a newborn child of the employee; placement of a child into the employee’s family by adoption or a foster care arrangement; care of the employee’s spouse, child, or parent who has a serious health condition; or, inability of the employee to perform the function of his/her position due to a serious health condition. For purposes of eligibility for leave under this policy, the 12-month period is a rolling 12-month period preceding the effective date of the leave.

(b) Health and dental insurance benefits will be continued during a leave under this policy for a period of up to 12 weeks. During family and medical leaves of absence, the Company will continue to pay its portion of the health and dental insurance premiums and the employee must continue to pay his share of the premiums.

Failure of the employee to pay his share of the health and dental insurance premiums may result in loss of coverage, or the Company, at its election, may make such payments on behalf of the employee. If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the Company for payments of the employee share of for all premiums elected during the family leave, unless the employee does not return because of the presence of a serious health condition that prevents the employee from performing his job or because of circumstances beyond the control of the employee.

(c) Additional information regarding notification requirements, health care provider’s certification, benefits while on leave, and the procedure for applying can be found in the Human Resources Family and Medical Leave Policy, in accordance with all applicable federal and state leave laws.

(d) This section does not in any way amend or modify the current provisions of this

Agreement at Section 7.2 regarding medical leaves of absence.

(e) An employee will continue to accrue seniority, and vacation and paid personal leave during the period of leave under this provision for up to 12 weeks. Seniority will continue to accrue after the period of leave in accordance with Article 10.

(f) Employees who return to work at the conclusion of a leave period of up to 12 weeks that is approved under this policy will be reinstated to their former position or an equivalent position, unless the employee is ineligible to or unable to return to work.

Failure to return to work at the expiration of a leave of absence under this policy will result in the termination of the employee, except if the Company determines that termination is not warranted based on extenuating circumstances.

7.7 Union Leave

Leaves of absence without pay for official Union business shall be granted by the Company, not to exceed three (3) employees, upon written request from the Union, provided the absence does not adversely impact mission requirements.

ARTICLE 8

HEALTH BENEFITS

8.1 Group Medical, Dental and Vision Insurance

(a) The company will provide full-time employees with medical, dental and vision insurance through the Arctic Slope Regional Corporation (ASRC) plan.

(b) As provided under the terms of the agreement, the Company agrees to provide medical, dental, vision, and prescription drugs through the ASRC Plan D-Union.

Schedule A – Health Benefits

Type of Coverage

Total Monthly Cost of

Coverage

Total Monthly Employee Cost (Yr1)

Total Monthly Employee Cost (Yr2)

Total Monthy Employee Cost (Yr3)

Employee 654.42$ 45.00$ 45.00$ 45.00$ Employee/Spouse 1,454.07$ 163.00$ 163.00$ 163.00$ Employee/Child(ren) 1,216.41$ 163.00$ 163.00$ 163.00$ Employee/Family 1,877.46$ 163.00$ 163.00$ 163.00$

(c) Employees will contribute toward the cost of Medical insurance as negotiated in

Schedule A (above). The contributions will be made based on 26 payroll periods (i.e., monthly cost is multiplied by 12 months and then divided by 26 pay periods).

(d) In the event the total cost of the medical, vision, dental plan increases to an amount beyond 18%, the company reserves the right to split the cost difference by 80% employer, 20% employee. The company agrees to provide written notification to the Union within 30 days or earlier of being notified that plan costs are increasing beyond the 18%, or if any plans and/or significant benefits are no longer available to the bargaining unit.

(e) Effective October 1, 2015 and each year thereafter, the Employee will contribute to the cost of employee health benefits in accordance with Schedule A – Health Benefits (above).

(f) Contingent upon passage of the implementation of the National Health Care policy or Law which directly affects the employees covered by a National Health Care Policy or Law which directly affects the employees covered by the Collective Bargaining Agreement, the Company and the Union agree to meet, discuss, and negotiate an equitable conversion to a National Health Care Plan. Exampled issues are: redistribution of monetary contributions for Medical Benefits, Company and/or Employee co-pays, and funding of Supplemental Insurances.

(g) Part-time employees are eligible for group health insurance provided under this Article who regularly works 30 hours or more per week (qualification monitored on a yearly basis). Paid time off shall apply toward the 30 hour or more per week requirement. Part-time employees are not eligible for other group health benefits provided under this article. Part-time employees will receive a Health and Welfare benefit contribution of $4.27 for each hour worked. This benefit is subject to change by modification to the government contract. All benefit costs provided to an eligible part-time employee in Articles 8.2 and 8.3 will be deducted from the aforementioned benefit contribution rate.

8.2 Group Life and Accidental Death and Dismemberment Insurance

(a) The company will provide full-time employees and eligible part-time employees with life and accidental death and dismemberment insurance of two times the employee’s annual base salary up to a maximum of $150,000.

(b) Optional life and accidental death and dismemberment insurance coverage is available for full-time employees, eligible part-time employees, their spouses and dependents. The optional insurance is fully paid by the employee. The terms of coverage are described in the life insurance plan documents.

(c) An eligible part-time employee is defined as a part-time employee who regularly works 30 hours or more per week (qualification monitored on a yearly basis). Paid time off shall apply toward the 30 hour or more per week requirement. In the event an employee works regularly below 30 per week hours or more, they will no longer be eligible for these benefits.

8.3 Short-Term Disability

(a) The company will provide all full-time and eligible part-time employees with Short- Term Disability benefits through the company plan.

(b) Benefits shall be payable for accident or sickness disability in accordance with the plan, and continue for a maximum of 26 weeks.

(c) An eligible, disabled employee will receive benefits at a rate of 66 2/3% of basic weekly salary up to a maximum of $1,500.

(d) An eligible part-time employee is defined as a part-time employee who regularly works 30 hours or more per week (qualification monitored on a yearly basis). In the event an employee works regularly below 30 per week hours or more, they will no longer be eligible for these benefits. Paid time off shall apply toward the 30 hour or more per week requirement.

8.4 Hearing Test

The Company will provide periodic hearing tests for all full-time and part-time employees who are covered by this Agreement.

8.5 Machinists Custom Choice Worksite Benefits Program

(a) The Machinists Custom Choice Worksite Benefits Program of supplemental insurance benefits will be offered to employees in the bargaining unit through their designated agent, Employee Benefit Systems, Inc. (EBS).

(b) Members of the bargaining unit will be given an opportunity to spend up to 15 minutes with an EBS counselor at the worksite during normal working hours once per year.

(c) The Company reserves the right to coordinate the schedule with EBS to prevent conflict with mission requirements.

(d) The Company will honor payroll deduction request and remit deductions to the underwriting insurance company designated by EBS on a schedule, which is mutually agreed to by the company and EBS.

(e) The Union will defend, save, hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of the execution of this program by the Company.

(f) The Company will implement the provisions of this program as soon as possible after the administrative systems and financial requirements are worked out between the Company and EBS.

ARTICLE 9

GENERAL

9.1 Wearing Apparel

(a) The Company will provide a voucher for five sets of uniforms and winter jacket to each employee upon hire. Vouchers for replacement uniforms and winter jacket will be authorized by the employee’s base field supervisor on an as-need basis.

(b) The Company will provide reimbursement up to $150.00 to each new employee following 90 days of employment for work shoes that meet Government specifications. Shoes shall consist of all leather material and be rubber soled. With the prior approval of the base field supervisor, vouchers or reimbursement up to $150.00 for replacement work shoes will be authorized.

(c) The Company will issue safety goggles and/or individual helmets to each employee as appropriate to fueling assignment. Helmets are to be returned to the Company upon termination.

(d) The Company will provide adequately sized work gloves, rain coats, rain hats and required ear protection in accordance with applicable safety regulations.

(e) Any employee who terminates employment must return the uniforms to the

Company.

(f) If uniform cleaning and maintenance is made the responsibility of the employee, the Company shall reimburse all employees for such cleaning and maintenance at a rate of $0.85 a day worked.

(g) Employees may wear the machinist emblem patch on the right sleeve (shoulder) of their uniform shirts and jackets.

9.2 Mileage

The Company shall reimburse the employee in accordance with the approved JTR/IRS mileage rate for business travel at the time the travel occurs for the use of his vehicle on Company business. Miles traveled will be logged on a mileage sheet furnished by the Company and the employee shall submit it each week. The mileage sheet must be approved by the employee’s immediate supervisor and the installation manager.

9.3 Travel Status

To support requirements away from Fort Rucker, employees may be offered the opportunity to perform such work on travel status by classification, by seniority. If no employee volunteers for such assignment, the least senior employee in the classification will be required to perform such work. Employees on travel status will be paid in accordance with the approved JTR/IRS mileage rate for business travel at the time the travel occurs for use of their personal vehicles and will be reimbursed for costs incurred incidental to the performance of such work, not to exceed an amount greater than that allowable by the Government.

9.4 Recertification

If an employee is absent for a period of 30 days or longer, the employee will receive refresher training and complete recertification. Recertification should not exceed five working days (40 hours).

ARTICLE 10

SENIORITY

10.1 Definition

Seniority is defined as the length of continuous service with this Company and previous contractors who performed aircraft refueling at Fort Rucker, and shall be computed from the original date of hire except when seniority has been broken (as defined in 10.2), in which event seniority shall be computed from the last date of rehire. Relative seniority of all employees who have the same seniority date is determined in accordance with the last four digits of each employee’s social security number; i.e., the lowest number has the most seniority, and if the four digits are identical, the next previous digit that is not identical will be the determining factor.

(a) A new employee and one who is reemployed after a break in his seniority shall not acquire any seniority under this Agreement until the expiration of 90 days of continuous service following employment. If such employee shall be continued in the employ of the Company after the expiration of said 90-day period, his seniority shall be computed from his last date of hire in accordance with the applicable provisions of this Agreement.

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