Technical Exhibit 5- CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

DISTRICT LODGE 112, LOCAL LODGE 2917, AFL-CIO

AND

TeraSense, Inc. / ZWS Inc.

EFFECTIVE: February 6, 2021 EXPIRES: February 6, 2024

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1. PURPOSE AND SCOPE

ARTICLE 2. UNION RECOGNITION

ARTICLE 2 NON-DISCRIMINATION

ARTICLE 3 UNION ACCESS TO OPERATIONS

ARTICLE 4. UNION SECURITY

ARTICLE 5 ASSIGNMENT OF SHOP STEWARDS

ARTICLE 6 SUBSTANCE ABUSE POLICY

ARTICLE 7 NO LOCKOUT-NO STRIKE

ARTICLE 8 VACANCIES/NEW JOBS

ARTICLE 9 SENIORITY

ARTICLE 10 LAYOFFS AND RECALL

ARTICLE 11 GRIEVANCE PROCEDURE

ARTICLE 12 RULES AND DISCIPLINARY PROCEDURE

ARTICLE 13 SHIFT SCHEDULING, BASIC WORKWEEK & HOURS OF WORK

ARTICLE 14 OVERTIME

ARTICLE 15 SHOW UP AND REPORTING TIME

ARTICLE 16 LEAVE OF ABSENCE

ARTICLE 17. JURY DUTY

ARTICLE 18 HOLIDAYS

ARTICLE 19 VACATION

ARTICLE 20 SICK LEAVE

ARTICLE 21 WAGES

ARTICLE 22 HEALTH, WELFARE AND RETIREMENT

ARTICLE 23 UNIFORMS

ARTICLE 24 MISCELLANEOUS PROVISIONS

ARTICLE 25 MANAGEMENT CLAUSE

ARTICLE 26 GOVERNMENT REQUIREMENTS

ARTICLE 27 PAST PRACTICES

ARTICLE 28 SUBCONTRACTING

ARTICLE 29 SUCCESSORS AND ASSIGNS

ARTICLE 30 EFFECTIVE DATE AND DURATION

PREAMBLE

This Agreement is by and between TeraSense, Inc./ ZWS Inc. (the “Employer”) and the

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT

LODGE 112, LOCAL LODGE 2917, AFL-CIO (the “Union”), as representative of the Employer’s bargaining unit employees.

ARTICLE 1 PURPOSE AND SCOPE

The Parties hereto enter into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, benefits and working conditions of the employees covered hereby as well as the rights of the Employer and the Union. This Agreement contains terms that are intended to provide a peaceful means for the resolution of any disputes which may arise in the future with respect to the interpretation or application of the terms and conditions of this Agreement.

ARTICLE 2 UNION RECOGNITION

Section 1. The Employer recognizes the Union as the sole and exclusive collective bargaining representative of all its employees who perform work under Contract W9124M-17-C-0002, Recycling Services at Ft. Stewart, Georgia and Hunter Army Airfield, Savannah, Georgia, excluding office clerical Employees, professional Employees, managerial Employees, supervisors and guards as defined by the National Labor Relations Act, as amended. The Union will negotiate with the Employer with respect to wages, hours of work, and all other terms or conditions of employment by the Company solely with respect to the employees of the Employer who perform under Contract W9124M-17-C-0002 (and any successor contracts thereto as well as any modifications of this contract) (hereinafter all referred to as the “Contract”).

Section 2. The word “employee” or “employees,” as used in this Agreement, means all full-time and regular part-time bargaining unit employees employed by the Employer to perform the Contract now or hereafter at any time during the term of this Agreement, excluding office clerical Employees, professional Employees, managerial Employees, supervisors and guards as defined by the National Labor Relations Act, as amended. The parties have expressly and conclusively agreed that the NLRB certification notwithstanding, the bargaining unit specifically does not include any employees of the Employer engaged in working on any other contract between the Employer and the Department of Defense.

ARTICLE 2 NON DISCRIMINATION

There shall be no discrimination in regards to tenure, terms or conditions of employment because of race, creed, color, sex, marital status, age, religion, sexual orientation, gender identity, national origin, ancestry, military veteran status, handicap status, union activity or disability regardless of the number of employees in the bargaining unit who are employed by the Employer. The Employer will not discriminate against any employee as a result of Union activities. Such Union activities must be lawful, must not violate any provisions of this Agreement, and must not interfere with the employee’s job performance or the performance of the Employer under its contract with the U.S. Government.

ARTICLE 3 UNION ACCESS TO OPERATIONS

Section 1. The Employer agrees that the Business Representative and/or Grand Lodge Representative of the Union will be allowed reasonable access to the premises, subject to approval of the Government and the Employer, for the purpose of representing the employees. Prior to a Union Representative visiting the shop, the Union will notify the Employer an e-mail with delivery receipt no later than three (3) calendar days prior to the visit. This email notice must state the proposed date, time and the purpose(s) of the visit.

Such visits shall be in conformance with all safety requirements and shall not unduly interfere with production or work being performed. The Union Representative shall notify the Employer when the Union Representative is arriving at and leaving the Employer’s operations. All visits are subject to Government regulations including military base entry procedures.

Section 2. The Employer shall allow the Union Representative privacy upon request for the purposes of conducting Union business. Unless otherwise agreed to by the Employer, all Union business will only be conducted during employee non-work times.

ARTICLE 4 UNION SECURITY

Section 1. Membership or Agency Fees. In order to compensate the Union for the valuable contract negotiation services rendered to each current and future employee, as a condition of employment, all present bargaining unit employees shall either become dues paying members of the Union or pay an agency fee to the Union (but not both) within thirty (30) days of the Employer beginning to pay the wage and benefits levels provided by this Agreement, and all new employees shall become and remain members of the Union or pay an agency fee not later than sixty (60) calendar days of their date of hire or transfer. The agency fee shall be calculated by the Union to include only the costs of representing employees in wage and benefits negotiations and in no event will the agency fee be greater than the monthly union dues.

Section 2. Discharge for Failure to pay Union Dues. The Employer will within ten (10) working days after receipt of notice from the Union, discharge any Employee who is not in good standing in the Union or paying the applicable Agency Service fees, initiation fees and reinstatement fees as required by Section I of this Article. Any Employee discharged shall be discharged for “Just Cause.” “Good Standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union Agency shop requirements. The above notwithstanding, in the event that the Union notices the Employer to terminate any employee whose entire duties are not performed on a federal enclave with sole federal jurisdiction, the Employer, at the Employer’s option, may prior to termination seek an opinion from the Georgia Attorney General that such termination is not in violation of Georgia’s Open Shop Act (Title 34, Chapter 6, Articles 1 and 2 of Georgia Code). The Union agrees to indemnify and hold the Employer harmless against any and all claims, liabilities, demands, lawsuits (and the cost of defending the same) or other forms of liability and demands made against the Employer on account of any action taken by the Employer in conjunction with this Article, including, but not exclusively, the cost of obtaining the ruling from the Georgia Attorney General, if any, is requested.

Section 3. List of Members. The Union agrees to provide to the Employer a complete written list of all of the Employer’s Employees who have elected to become union members at least monthly. The first such list shall be provided to the Employer within 14 days of the ratification of this Agreement by the employees.

Section 4. Payroll Deduction for Dues and Agency Fees. Upon receipt of a signed authorization of the employee involved; the Employer shall deduct from the employee’s pay, the initiation fee, if any, dues payable by him to the Union and/or agency fee during the period provided for in said authorization. The parties agree that check-off authorizations shall be in the form set forth as Addendum B to this Agreement.

When available, deductions shall be made on account of dues and/or initiation fees, if appropriate, from each weekly paycheck of the employee after receipt of the authorization and weekly thereafter. In the event that an employee’s payroll is less than the amount of the requested deductions, the Employer will make no deduction, and instead will notify the Union of such fact.

Section 5. The Union will indemnify and hold the Employer harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Employer which are based on or arise out of any action taken by the Employer in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 5 ASSIGNMENT OF SHOP STEWARDS

Section 1. It is hereby understood and agreed that the Union may assign one (1) Shop Steward and one

(1) alternate Shop Steward to represent employees with one of Stewards to be an employee whose primary duties are at Fort Stewart and at Hunter Army Air Field. The alternate Shop Steward shall only act in the absence or unavailability of both of the Shop stewards. The Union shall notify the Employer on Union letterhead of the individuals so selected to serve in each of these capacities. Subject to the requirements of this contract, the Shop Steward or Alternative Shop Steward shall be empowered to investigate and present a grievance in accordance with the provisions of this Agreement.

Section 2. As soon as possible after the effective date of this Agreement, the Union shall notify the Employer of the names of the Business Representative, District Lodge 112 Financial Secretary, the Chief Stewards and the Alternative Stewards.

Section 3. The conduct of Union business will be scheduled so that no employee, including the Shop Steward, is interrupted during paid working time. However, should a Steward wish to conduct Union business matters of a serious and time sensitive nature during scheduled working hours, as herein set forth, he shall first request permission from the Project Manager or his designee and state the Union business he desires to conduct on Employee time. Such permission shall be granted, unless it should substantially interfere with operations.

ARTICLE 6 SUBSTANCE ABUSE POLICY

Section 1. The Employer and the Union are committed to providing Employees with a drug free and alcohol-free workplace. It is our goal to protect the health and safety of Employees and to promote a productive workplace, and protect the reputation of the Employer, Union and Employees.

Section 2. The Violation of this Drug Free Workplace Policy is just cause for immediate termination. The unauthorized use, sale, transfer or possession of alcohol, drugs, controlled substances and/or “mood altering” substances, (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription) during work hours (including meal and rest periods), on Employer premises, in Employer vehicles, or in personal vehicles while conducting Employer business is prohibited (unopened alcoholic beverage containers not included). Violation of this section of the Agreement is just and sufficient cause for immediate termination.

Section 3. The Employer has adopted testing practices to include pre-employment, random, reasonable suspicion and post-accident screening. Employees may now or in the future be scheduled for random alcohol and drug testing. Employees may also be tested for alcohol and drug use upon reasonable probable cause, and work-related accidents. Time spent by Employees for testing shall be considered paid time. The Employer shall advise the Union of the processes and facilities to be used for sample collection, and will provide a clean and private setting, as much as possible. The Employees may be required to provide samples including urine, and or blood to check for the illicit or illegal use of drugs and alcohol.

Refusal to submit to the required drug testing shall result in immediate termination of employment. If the testing presents a positive result, the employee may, at their own expense, be retested within twenty four hours after receiving the positive results. The retesting shall be at the same facility that performed the initial test. If there is reason to suspect that the employee is or was working while under the influence of illegal drug or alcohol, the employee will be suspended (with or without pay) pending the results. All chain of custody issues shall be strictly adhered to. If one test result is positive and one is negative, the tests results will be discarded without penalty to the employee. Pre-employment drug testing is a condition of employment.

Section 4. The Employer considers any violation of drug use, possession, distribution, or sale of drugs or drug paraphernal in a serious matter that may result in the immediate termination of the employee. The Employer also considers any violation of alcohol use, including reporting to work under the influence, on Employer premises a serious issue that may warrant immediate termination of the employee.

Section 5. Employees being drug tested shall be permitted to complete a medical/patient over- the-counter and prescription medicine form to inform the laboratory personnel of possible false positive sources prior to providing a sample.

ARTICLE 7 NO LOCKOUT-NO STRIKE

Section 1. The procedures described herein, for settlement of grievances, shall serve as the means for peaceful settlement of all disputes that may arise between the parties. During the life of the Agreement the Union will not collectively, concertedly, or individually, engage in, participate, directly or indirectly in, work stoppages, slowdowns, or strikes (including sympathy strikes), or any other interference with or interruption of the work. There shall be no lockouts caused by the Employer.

The Union agrees for the employees, that they will individually and collectively perform safe, efficient and diligent service, and that they will use their influence and best efforts to protect the property of the Employer and its interests; and that they will cooperate in promotion and advancement of the Employer and its service at all times as a matter of enlightened self-interest.

No rules, customs or practices shall be permitted which limit production or unreasonably increase the time required to do any work.

Nothing in the above shall preclude any right to which the Employer may be entitled to secure legal or other redress of any individual who has caused damage or injury to or loss of property, nor does the Employer give up any rights in this regard to which it may be entitled.

Nothing in this Article shall cause the Union to be held to any standard beyond that required by law.

Section 2. In the event of any violation of Section 1 of this Article, it shall be the duty and obligation of the Union, its officers, agents, or representatives (employee or nonemployee) to immediately, and upon proper notification, take all reasonable steps required to bring an end to such misconduct.

Section 3. If the reasonable steps attempted in Section 2 do not return the striking employee(s) to work, then the employee(s) may be subject to immediate discharge or other disciplinary action by the Employer.

Any such disciplinary action shall be subject to the grievance and arbitration procedures of this Agreement. Should the Employer prove that the employee(s) did participate in action in violation of this Article, the disciplinary action shall not be altered.

ARTICLE 8 VACANCIES/NEW JOBS

Section 1. When the Employer determines that a vacancy exists in a classification, a notice of the vacancy shall be posted for a period of three (3) calendar days in the normal posting locations. Any employee in the bargaining unit shall be permitted to sign the notice indicating his/her desire to be selected for the position. (The above will not apply to temporary vacancies.) Section 2 shall be the governing factors in making any promotions. The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week, the Employer may operate business or schedule its employees’ nor shall it be construed as a guarantee of the minimum of hours available to employees.

Section 2. The application of all candidates will be reviewed with full regard given to each candidate’s skills, abilities, and experience. In making selections for promotion within the bargaining unit, the Employer may consider willingness to relocate as criteria, however, all other factors being equal, the Employer agrees to promote the most senior qualified employee. If no employee applies for the promotion, the Employer may fill the position from outside applicants.

ARTICLE 9 SENIORITY

Section 1. The Employer recognizes seniority which shall be based upon the length of continuous service, with previous, present and succeeding Employers, according to the Employer’s and the Union’s records, as an important factor to be considered by it in shift assignments, promotions, demotions, lay-offs, and recalls after lay-offs within the unit. It is understood, however, that the Employer may also consider efficiency and capability, provided that when these factors are equal, seniority shall prevail.

Section 2. No employee shall acquire any seniority rights until he/she has been continuously employed by the present Employer for a period of ninety (90) calendar days.

Section 3. A break in seniority shall occur in the following events:

a. If an employee quits.

b. If an employee is discharged for cause.

c. If an employee takes an unauthorized leave of absence.

d. If an employee is laid off for more than six (6) months.

Section 4. Every new employee shall be on probation for a period of ninety (90) working days (defined as having reported to work 90 times) and during this probationary period, an employee may be dismissed for any reason considered justifiable by the Employer. Any employee so dismissed shall not have the right to invoke the grievance and arbitration procedure of this Agreement. The Employer shall supply the Union with an up-to-date seniority upon request.

ARTICLE 10 LAYOFFS AND RECALL

Section 1. Layoff Notice. Should it become necessary to reduce the number of employees in a classification; employees in a job classification shall be laid off in accordance with their seniority.

However, seniority may be disregarded where an employee with less seniority possesses a “special skill” necessary to maintain contract performance. The Employer shall notify the Union and affected employees no later than 30 days after the layoff or as soon as the facts are known to the Employer of upcoming layoffs.

Section 2. Recall. All employees shall be eligible for recall for up to one (1) year, barring a break in seniority for other reasons. Eligible employees laid off will be recalled as follows:

Section 3. The Employer will send recall notices, by certified mail, to the eligible employee’s last official address, which will instruct the laid off Employees when to report to work. The employee has ten

(10) working days after receipt by the employee of the notice in which to give written notice to the Employer that he/she intends to report to work. If the employee does not make a timely response or the employee does not report to work on the day established by the Employer in the recall notice sent to the employee, the employee will be deemed to have abandoned his job and will be removed from the Seniority list. The above notwithstanding, an employee may request a later return to work date for extenuating circumstances. The Employer shall consider the extenuating circumstances and in its sole discretion, the Employer may grant the requested later date for the employee to return to work. In order to be effective, any extension in the return date granted by the Employer shall only be effective when granted in writing by the Employer to the employee.

ARTICLE 11 GRIEVANCE PROCEDURE

Section 1. The parties to this Agreement, in the interest of resolving all disputes, complaints or grievances, in connection with the interpretation or application of the terms of this Agreement, have settled upon the following orderly and peaceful procedures:

Step One: The employee shall immediately report to his/her Steward any complaints, disputes or grievances which he/she believes require adjustment. The Shop Steward shall investigate to ascertain whether the complaint has merit and report the results to the Union Business Manager within three (3) working days of the date that the employee or the Union knew or should have known of the facts giving rise to the complaint. The Union shall be the sole judge as to the validity of any grievance. In the event the Business Manager believes the grievance has merit, he/she shall meet with the Employer’s Manager in an attempt to resolve the grievance, within five (5) working days of notice thereof, from the Shop Steward. If the dispute is not resolved within that period of time, the matter shall be referred to Step Two, in writing, within five (5) working days. If the matter is not referred to Step Two within the five (5) working days, the matter shall be considered closed.

Step Two: The Union Business Manager shall refer the matter in writing, to the General

President of the International Union or his designee, with a written copy delivered to the Employer. The International Union designee and the Employer representative will then meet in an effort to settle the grievance. If no satisfactory settlement is arrived at by these parties within five (5) working days of the matter’s referral to Step Two, either party may, within five (5) additional working days, refer the matter to Step Three, Arbitration. Prior to Arbitration, the Employer or the Union, may request Mediation through the Federal Mediation and Conciliation Service. The General President of the International Union, or his designee, shall have full authority to determine whether or not the Union wishes to process the grievance into Step Three, Arbitration. If the matter is not referred to Step Three by either party within the five (5) additional working days, the matter shall be considered closed.

Step Three: The Party invoking the provision of Step Three shall call upon the Federal

Mediation and Conciliation Service to supply both the Employer and the Union with a list consisting of at least three (3) and not more than seven (7) individuals who would serve as Arbitrator. The parties may then invoke the usual procedures to strike off objectionable names. The party invoking arbitration shall strike first. The decision of the Arbitrator shall be final and binding upon both parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change any provision of this Agreement. The cost of such arbitration shall be shared equally by both parties.

Timelines Defined – Working days are Monday through Friday, exclusive of the ten (10) Federal

ARTICLE 12 RULES AND DISCIPLINARY PROCEDURE

Section 1. Employees shall not be disciplined without just cause. The Employer shall have just cause to discipline employees for violations of the Employer’s rules and regulations in accordance with the following:

A. First offense Verbal warning and counseling

B. Second offense, within any twelve Written warning and counseling

(12) consecutive month period

C. Third offense, within any twelve One (1) day suspension, at the

(12) consecutive month period Employer’s discretion

D. Fourth offense, within any twelve Dismissal, or three (3) day suspension,

(12) consecutive month period at the Employer’s discretion

Section 2. Employer shall have just cause to immediately discharge an employee for reasons including but not limited to the following:

a. Caught stealing;

b. Drinking alcoholic beverages or using illegal drugs while working;

c. Physical altercations;

d. Falsification of time sheets or time cards;

e. Failure to report for work without notice or excuse, except due to unusual circumstances which cannot be controlled by the employee;

f. Unauthorized disclosure of Employer’s hospital service proprietary documents, time sheets, pay cards, procedure manuals, etc., to anyone;

g. Direct and blatant disobedience of a direct instruction or request that leads to an unsafe incident;

h. Unauthorized use of any Employer’s vehicle;

i. Failure to complete assigned work without notifying management, Supervisor or Group Leader on duty that the work was not completed;

j. Any false statement made on the application for employment or to the medical examiner with the intent to deceive;

k. Unauthorized possession of firearms or explosives within the facilities.

l. Employees restricted by the Government from entering the Government installation.

m. Sleeping on the job.

n. The use of mobile devices is prohibited during work hours.

o. Reporting to work under the influence of any alcohol or any non-prescribed drug.

p. In the event any driver has his or her CDL license suspended, revoked or a driver fails to renew it as required.

Section 3. Other than reasons identified above, in Section Two (2), the Employer shall not discharge any employee without just cause. Employer shall provide warning notices of any complaint against employee to the employee, in writing, and a copy of the same to the Union. Once warning notices become twelve

(12) months old, said notice shall be voided, and not be operative in the future. Warning notices of complaints against an employee need not be for similar reasons and Employer shall forward copies of notices to Union within five (5) days to be considered valid.

Section 4. Discharge or suspension must be made by proper written notice to the employee, and a copy mailed to the Union.

ARTICLE 13 SHIFT SCHEDULING, BASIC WORKWEEK & HOURS OF WORK

All employees shall be assigned to work in accordance with the hours of work and shifts determined by the Employer.

Section 1. Workweek. The regular workweek for all employees shall begin at 12:00 a.m. on Sunday and end at 11:59 p.m. on Saturday. Due to the inconsistent tasks and frequency scheduling required in the healthcare environment, the Union recognizes the fact that it is impossible to place all of the Employer’s employees on a thirty-five (35) hour workweek, therefore, the Employer agrees to place as many employees as possible on a thirty-five (35) hour, five (5) day per week, workweek.

Section 2. Days Off. Each full-time employee shall have two (2) scheduled days off in each regular work week. The Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular “scheduled days off”. Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on two (2) consecutive days consistent with operational requirements.

Section 3. Shifts. Shifts for all regular employees shall be established as follows:

a. Daily working hours are from 7.30 a.m. until 4:00 p.m., unless notified otherwise. Shifts will be established by the Employer to best accomplish the task and frequency schedules.

b. Employees involuntarily transferred from one (1) shift to another shall receive at least twenty-four (24) hours’ notice except during an emergency. Transfer of employees shall be based upon seniority, with employees having lesser seniority transferred first.

c. Emergency Discontinuance of Operation. In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Employer’s operations, employees will be released from work and/or will be excused from their obligation to report for work in accordance with directive which may be issued by the military command, and which apply to the operation of the military installation. The Employer shall not be required to pay wages unearned by employees as a result of such discontinuance of operation.

d. There shall be a fifteen (15) minute rest period during the first half of each employee’s shift providing his/her scheduled workday exceeds five (5) hours. Such rest periods shall be taken without loss of pay at a work location to be determined by the Employer. Employees scheduled to work five (5) hours or less in any one (1) workday, shall not be granted rest periods.

e. No employee shall be required to work more than six (6) hours without a lunch period. Meal periods shall be a minimum of one-half (1/2) hour and a maximum of one (1) hour and shall be without pay.

The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week the Employer may operate business or schedule its employees, nor shall it be construed as a guarantee of the minimum of hours available to employees.

Section 4. Pay for work in other Classifications. When an employee is assigned work in a higher rated classification, the employee shall be paid at the higher rate of pay for all hours worked at the higher classification.

ARTICLE 14 OVERTIME

Overtime shall be paid at the rate of one and one-half (1-1/2) times the straight hourly rate. Overtime is defined as all work performed in excess of forty (40) hours in any workweek.

The Employer will distribute overtime work as is necessary, and as fairly as possible between employees affected by such overtime work. Work shall first be distributed to those employees who will not incur overtime during the course of the offered shift.

ARTICLE 15 SHOW UP AND REPORTING TIME

Any employee reporting for work at the regular starting time when he/she has not been notified not to report and for whom no work is provided, shall receive four (4) hours pay at his/her regular hourly rate.

Any employee called in outside his/her regular working hours, or on his/her scheduled day(s) off, shall be guaranteed a minimum of four (4) hours pay at the regular rate.

ARTICLE 16 LEAVE OF ABSENCE

Section 1. General Guidelines for Personal, Medical or Hardship Leave of Absence.

A leave of absence for reasonable cause, as determined by the Employer, may be granted for a specified period, with written approval of the employee’s Supervisor at least fifteen (15) days in advance of such leave of absence, providing the employee can be spared from his/her regularly assigned job duties.

Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of the Employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the Employer. Employees shall not receive holiday pay for any holiday which falls during the period they are on leave. Employees on leave of absence shall not receive any accrued vacation for those periods of absence.

Section 2. Medical Leaves of Absence.

An employee desiring medical leave of absence from his/her employment shall secure written permission from the Employer. The maximum medical leave of absence shall be for ninety (90) calendar days.

Permission for leave must be secured from the Employer with a copy mailed to the Union. Granting of medical leave of absences shall be for the restoration of personal health of the employee only. The need for personal health restoration must be attested to by a physician statement and such statements must be kept current. It is the employee’s responsibility to keep the Employer informed of their status by supplying the Employer with updated physician’s statements, prior to the expiration date of the preceding statement. A physician statement for full release back to work shall also be required. The maximum time off from medical leave is ninety (90) days and medical leave may not be combined with personal leave for a total of one hundred eighty (180) days. Leave of absence shall not cause a change in seniority date.

If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during the year. Available sick leave pay may be utilized during a medical leave of absence.

Nothing in this Article is intended to conflict with the requirements of the Family Medical Leave Act (FMLA). Should the FMLA or other federal or state law conflict with the terms of this Article, the requirements of the law shall supersede the terms of this Article.

Section 3. Personal or Hardship Leaves of Absence.

An employee desiring leave of absence without pay from his/her employment shall secure written permission from the Employer. The maximum leave of absence shall be for ninety (90) calendar days.

Permission for leave without pay must be secured from the Employer with a copy mailed to the Union.

Granting of personal or hardship leave of absences may include but not be limited to sickness or death in the immediate family, cases considered extreme hardship for an employee or any member of his/her immediate family. Leave of absence without pay shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year.

Section 4. Military Leave of Absence.

The Employer and the Union agree to abide by the provisions of the Selective Service Act, and the Veteran’s Reemployment Act, insofar as the provisions of said Acts apply to the rights of employees and the obligations of the Employer. Employees who are members of the National Guard and Military Reserve Units, shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their Supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible) during periods of military service. Military leave of absence shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year.

Section 5. Medical Treatment. The Employer provides Workmen’s Compensation coverage for employees who sustain an injury or occupational illness.

Section 6. Union Leave. Employees shall have the right to request reasonable unpaid leave to work with the Union and such requests shall not be unreasonably denied by the Employer, provided that a seven (7) day advance notice is given to the employer. By reason of such Union Leave, employees shall not forfeit any accrued rights under this Agreement, but likewise shall not accrue any rights during such leave.

Section 7. Return from Leave of Absence. The Employer agrees that an employee will be permitted to return to work at his/her previous classification and current rate of pay. Should an employee require less time off than originally approved, the employee shall have the right to return no later than ten (10) working days after notifying the Employer of his/her anticipated date of early return.

Section 8. Bereavement. Funeral leave as identified in Addendum A, shall be recognized as follows: An employee who has death in his or her immediate family, defined as his or her spouse, parents, brothers, sisters and children, step parents, step children, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandchildren and grandparents, shall be paid at their regular rate for time missed within one (1) week of the funeral.

ARTICLE 17 JURY DUTY

All employees shall receive the difference between jury pay and their regular rate of pay for time off from work to serve on a jury, up to a maximum of five (5) working days.

ARTICLE 18 HOLIDAYS

Section 1. Employees shall be entitled to the number of paid holidays as identified in Addendum A. Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding, and/or the scheduled workday immediately following a holiday, shall forfeit his/her right to be paid for such holiday. If an employee is prevented from working on the workday immediately preceding or the workday immediately following a holiday because of illness attested to by a physician, or death in his/her immediate family, such fact shall constitute an acceptable excuse. (Immediate family shall include spouse, parents, brothers, sisters and children, step parents, step children, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandchildren and grandparents).

Section 2. The holidays as listed below will be observed as non-work days. Whenever such holidays fall on a Saturday or Sunday and the activity, except those required to operate during holiday periods, may be closed to public business on the preceding Friday, or the succeeding Monday, in lieu of such holidays, then such Friday or Monday shall be deemed to be a holiday.

(1) New Year’s Day (6) Labor Day

(2) Martin Luther King’s Birthday (7) Columbus Day

(3) President’s Day (8) Veterans Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

Section 3. Employees working on a holiday shall receive pay for hours worked that day, plus their holiday pay.

Section 4. If one of the aforementioned holidays occurs while an employee is on vacation, such employee shall receive the holiday pay, if otherwise eligible.

Section 5. Part time employees will receive a prorated amount of pay based on the number of hours the employee worked in the previous workweek.

ARTICLE 19 VACATION

Section 1. Employees shall receive paid vacation on their anniversary date as identified in Addendum A.

Vacation shall not be earned during a period of layoff or leave of absence without pay. Vacation pay shall be figured on the basis of the employee’s normal work week. “Down” days will not be counted against employees for calculation of vacation pay. Down days are defined as days that the site unexpectedly is closed for inclement weather or other short-term reason not to exceed 5 business days, but are not otherwise considered holidays.

Section 2. The Employer shall offer the employees the opportunity to request their vacation in advance for approval. This vacation schedule shall be approved no later than March 15 of each year. In selection of vacations, the employee’s seniority shall be the determining factor. Once the vacation schedule is completed and approved, it cannot be arbitrarily changed by the Employer without the employee’s prior consent. Employees shall not be required to schedule their vacation in advance, as stated above, but when getting unscheduled vacation approved at a later date, it must be understood that approved vacations on the vacation schedule shall be recognized first in cases where an employee is requesting the same days off as another employee who has prior approval.

Section 3. For the purpose of this Article and for Addendum A, one (1) year is computed as two thousand and eighty (2,080) hours worked. Part time employees will receive a prorated amount of vacation based on the number of hours worked in the prior year. Additional use and carryover information is set forth in Addendum A.

ARTICLE 20 SICK LEAVE

At the end of each month, full-time employees will have earned sick leave as identified in Addendum A.

It is intended that a full-time employee is one who works two thousand and eighty (2,080) hours in a year.

Part-time employees will receive a pro rata share of sick leave based on hours worked. The formula for calculating the accumulation of sick leave is based on two thousand and eighty (2,080) hours worked evenly over twelve (12) calendar months and the employee has to work the month before the sick day is earned. “Down” days will not be counted against employees for calculation of earning sick leave. Unused sick time will expire without pay on the termination of employment. Three (3) consecutive sick days may require a physician’s certificate. Additional use and carryover information is set forth in Addendum A.

ARTICLE 21 WAGES

Employees shall be paid wages, shift premiums, and fringe benefits in accordance with the schedule of wages identified as Addendum A.

ARTICLE 22 HEALTH, WELFARE AND RETIREMENT

Section 1- Health Insurance. The Company shall contribute to employee health and welfare for each employee covered by this Agreement in the amount specified in Addendum A up to a maximum of 40 forty (40) hours paid per week. Each employee will be required to participate in Company offered healthcare insurance and health and welfare contributions will first be applied to this benefit. An employee may opt not to participate in the Company health care insurance plan on the condition that the employee provide credible documentation that the employee is covered by another bona fide health insurance plan and the Company will not be in violation of law or incur penalties as a result of allowing the employee to opt out of Company health insurance coverage. Employees who opt out of health insurance coverage will be required to sign a waiver attesting that the employee has declined Company health insurance coverage. Any health and welfare funds that are not used to pay for healthcare insurance costs may be applied to any other Company-offered bona fide health and welfare benefit or may be received in cash, less deductions and withholdings as required by law. Any employee-elected bona fide fringe benefit costs that exceed the health and welfare contribution shall be borne by the employee.

Section 2. Retirement Benefits. The Company agrees to pay over to the IAM National Pension Plan, for the benefit of each employee performing work within the scope of the job classification specified in this Agreement, the amount as identified in Addendum A for each compensable hour.

a. Contributions for a new, temporary, probationary, part-time and full-time employee are payable from the thirty-first (3lst) day of employment.

b. The IAM Lodge and Employer adopt and agree to be bound by, and hereby assent to, the Trust

Agreement, dated May 1, 1960, as amended, creating the IAM National Pension Fund and the Plan rules adopted by the Trustees of the IAM National Pension Fund in establishing and administering the foregoing Plan pursuant to the said Trust Agreement, as currently in effect and as the Trust and Plan may be amended from time to time.

c. The parties acknowledge that the Trustees of the IAM National Pension Fund may terminate the participation of the employees and the Employer in the Plan if the successor collective bargaining agreement fails to renew the provisions of this pension Article or reduces the Contribution Rate.

The parties may increase the Contribution Rate and/or add job classifications or categories of hours for which contributions are payable.

d. In the event of the Employer, or a successor employer’s, partial or complete withdrawal from the Pension Fund, the Employer may be subject to withdrawal liability for any unfunded vested benefits pursuant to the terms and conditions of the Pension Fund or this Agreement. The parties hereto agree that any withdrawal liability realized by the Employer is contemplated to be a bona fide fringe benefit conferred upon the employees in exchange for the Employer’s agreement to participate in the Pension Fund.

e. This Article contains the entire agreement between the parties regarding pensions and retirement under this Plan and any contrary provisions in this Agreement shall be void. No oral or written modification of this Agreement shall be binding upon the Trustees of the IAM National Pension Fund. No grievance procedure, settlement or arbitration decision with respect to the obligation to contribute shall be binding upon the Trustees of the said Pension Fund.

ARTICLE 23 UNIFORMS

The Employer shall provide wash and wear uniforms for employees who are required to wear a uniform as set forth in Addendum A.

ARTICLE 24 MISCELLANEOUS PROVISIONS

Section 1. The Employer will provide facilities where all employees may eat their meals at their regularly scheduled times, provided such facilities are made available by the U.S. Government.

Section 2. Pay Period and Pay Day.

The pay periods shall run from the first (1st) day of the month through the fifteenth (15th) and from the sixteenth (16th) of the month through the last day of the month. The employees shall be paid on the 8th and the 23rd of the month. If the payday falls on a weekend the employee shall be paid on the Monday or Friday prior.

Section 3. Employees who are discharged from the services of the Employer shall receive their wages and personal property in full by the next regular pay day. Employees who quit the services of the Employer without urgent reason will receive their wages at the next regular pay day, but may receive their personal property upon quitting.

Section 4. The Union agrees to encourage all employees in the bargaining unit to adhere to and follow rules and regulations as outlined in Article 7, Section 3 of this Agreement.

Section 5. Safety. The Employer and the Union recognize the importance of safety in the workplace. The Employer agrees to provide a safe workplace in compliance with applicable safety standards.

Section 6. Change of Address. Employees are responsible for notifying the Employer of their proper mailing address and current telephone number. Laid off Employees are also responsible for notifying the Employer of their proper mailing address and current telephone number to maintain recall rights. The Employer shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

Section 7. Bulletin Board. The Employer will provide bulletin board space on a standard Employer bulletin board, conveniently located in the Employer’s facility. The bulletin board space will be used by the Union solely for the purpose of conveying official information from the Union to bargaining unit Employees and shall not be used to demean or disparage the Employer or its agents.

Section 8. Safety Equipment. The Employer will provide to bargaining unit Employees all such necessary personal protection equipment that the Employer may require. The Employer will reimburse Employees up to $200.00 annually for approved safety boots, receipt required, from a vendor of their choice. The $200.00 annual reimbursement may be distributed in one or more purchases of safety boots throughout the year.

ARTICLE 25 MANAGEMENT CLAUSE

Section 1.Subject to the express limitations of this Agreement, the Employer retains the sole rights in its discretion to manage its business, to hire, discharge for cause, lay off, assign, transfer and promote its employees; to determine the number of people to be employed; to determine the starting and quitting time and the number of hours to be worked; to determine their qualifications and assign and direct their work;

to expand, reduce, alter, combine ,transfer, assign, or cease any job, department, operation or service; to issue, amend and revise policies, rules, regulations, and practices; to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the Company’s employees. The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such a right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 2. The execution of this Agreement shall not create any vested rights in the employees of the Employer and all rights not specifically relinquished by the Employer in this Agreement shall remain the Employers.

ARTICLE 26 GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Employer in all matters required by the United States Government, and the Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any actions taken by the Employer pursuant to a requirement of the United States Government shall not constitute a breach of the Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where immediate change is required by the United States Government. The Employer will, however, negotiate with the Union concerning the effects of any such change.

In the event the United States Government deems a base closure necessary due to an Act of God, (ie.

Severe weather, pandemics, etc.) should the Employer receive compensation from the United States Government, the Employer agrees to compensate employees at a rate total to 75% of their normal hourly Wages and Health and Welfare. This will represent a total of 75% after accommodating insurance, taxes, materials, and any additional cost essential for the execution of the program. These provisions will only apply in the event the Employer receives compensation/reimbursement from the United States Government.

ARTICLE 27 PAST PRACTICES

Except as expressly set forth in this agreement, the Employer shall not be obligated to continue any practice, policy or benefit that was or may have been in existence prior to the signing of this Agreement and the continuation or modification of any such practice, policy or benefit shall not be considered as creating an obligation to continue that or any other practice, policy or benefit.

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