Springfield CBA.doc

SPRINGFIELD, OHIO ANG

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

TRAINING SOLUTIONS INCORPORATED

“A Lockheed Martin Company” and

SPRINGFIELD, OHIO ASSOCIATION

OF

FLIGHT SIMULATOR/ACADEMIC INSTRUCTORS AND SUPPORT PERSONNEL

Effective Date: September 1, 2007 until September 9, 2011

TABLE OF CONTENTS

Preamble

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TRAINING SOLUTIONS INCORPORATED

“A Lockheed Martin Company”

SPRINGFIELD, OHIO ASSOCIATION

OF

FLIGHT SIMULATOR/ACADEMIC INSTRUCTORS AND

SUPPORT PERSONNEL

THIS AGREEMENT, dated as of the 1st day of September 2007, by and between Training Solutions Incorporated, “A Lockheed Martin Company” (hereinafter referred to as the Company or Employer, as appropriate) and the Springfield, Ohio Association of Flight Simulator/Academic Instructors and Support Personnel (hereinafter referred to as the Association).

WITNESSETH that

WHEREAS, the Association is the exclusive bargaining agent of certain employees of the Company, and

WHEREAS, the Association and the Company have negotiated a Collective Bargaining agreement covering wages, hours and other conditions of employment, and

WHEREAS, the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows:

Article 1

RECOGNITION

Section 1.1–Recognition

The Company recognizes the Association as the sole and exclusive bargaining agent with respect to wages, hours of work and all other terms or conditions of employment for all employees covered by this agreement.

Section 1.2–Bargaining Unit

The Employer and the Association agree that the employees covered by this agreement shall consist of the following: All employees employed by the Training Solutions Incorporated on the Weapons System Support Contract Program at Springfield ANGB, Ohio, under the United States Air Force Contract Number F41689-02-D0021 and its successor contracts, including Computer Network Technicians, Graphic Artist, Instructor – SME, Scheduler excluding supervisors and managers, office clerical employees, professional employees and guards as defined by the Act, and all other employees of Training Solutions Incorporated, and those employees on contracts other than those identified above.

ARTICLE 2

RIGHTS OF MANAGEMENT

The management of the company and the direction of the work force is vested exclusively in the company subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration by the company in accordance with such policy or procedure as the company from time to time may determine. The company does have the right to subcontract work and designate the work to be performed by the company and the places where it is to be performed, which right shall not be subject to arbitrate.

ARTICLE 3

ASSOCIATION AND COMPANY RELATIONS

Section 3.1–Association Activity During Working Time

Solicitation of Association membership, collection or checking of dues, will not be permitted during working hours. The company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Association activity. Any employee engaged in unsanctioned Association activity during working time, except as specifically allowed by the provisions of this Agreement, or by other agreement between the company and the Association, is subject to disciplinary action.

Section 3.2–Strikes and Lockouts

The Association agrees that during the terms of this Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sitdown, sympathy strikes or walk-out and (b) the Association will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment where no rare or unusual physical hazard is involved in proceeding to such location. Any employee who violates this clause shall be subject to discipline. The company agrees that during the term of this Agreement there will be no lock-out of employees covered by this Agreement. Any claim by either party of a violation of this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and the party shall have the right to submit such claim to the courts.

Section 3.3–Indemnity.

The Association will indemnify and hold the company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the company which are based on or arise out of any action taken by the company in accordance with or arising out of the foregoing provisions of this Article 3.

Section 3.4–Shop Stewards

The Association may select not to exceed, except by mutual agreement, two employees as shop stewards. The Association shall keep the Company Manager of Human Resources currently informed in writing of the names of the accredited shop stewards. An employee while serving as a shop steward shall not be surplused, transferred or loaned from his job classification so long as other employees remain in his job classification and on the shift he is designated shop steward.

Section 3.5–Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance

Each steward shall notify and obtain permission from his supervisor before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Association in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process. The supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or steward, the supervisor shall authorize a steward to participate in a private discussion with an employee or his designee, relating to a complaint or grievance. Discussions of the type described in this Section 3.7 shall be conducted without requiring the employee or steward to clock out provided the discussion does not extend beyond the time that the supervisor considers reasonable under the circumstances.

Section 3.6–Bulletin Boards

The Company will provide bulletin boards for the use of the Association at locations mutually agreed to. Their use will be restricted to the following:

(a) Notices of Association meetings;

(b) Notices of Association elections and results thereof;

(c) Notices of Association recreational and social affairs;

(d) Such other notices as are mutually agreed upon.

Only notices approved by an Association officer may be placed on the bulletin boards.

Section 3.7

Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under his or her supervision topics pertinent to the work place, including but not limited to, the employee's job performance.

Section 3.8 Joint Meetings

Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Association and Management representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This Section is intended to provide a free avenue of communication between the Association and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints.

ARTICLE 4

GRIEVANCE PROCEDURE AND ARBITRATION

Section 4.1–Establishment of Grievance and Arbitration Procedure

Grievance or complaints arising between the Company and its employees subject to this Agreement, or the Company and the Association, with respect to the interpretation or application of any of the terms of this Agreement, shall be settled according to the following procedure. Subject to the terms of this Article relating to cases of dismissal or suspension for cause or of involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance procedure.

Section 4.2–Employee Grievances

In the case of grievances on behalf of employees and subject to the further provisions of Section 4.3 below, relating to cases of layoff or dismissal or suspension for cause of involuntary resignation:

STEP 1. Oral Discussion. The employee first shall discuss his grievance with the Steward and if the Steward considers the grievance to be valid then the employee and the Steward will contact the employee's supervisor and will attempt to effect a settlement of the complaint. This procedure, however, will not prevent an employee from contacting his supervisor if he so chooses. If the purpose of the employee's contacting his supervisor is to adjust the grievance, the Steward shall be given an opportunity to be present and such adjustment shall be in conformity with this Agreement.

STEP 2. Grievance Reduced to Writing. Handling at Supervisory Level. If no settlement is reached in Step 1, the Steward, if he considered the grievance to be valid, may at any time reduce to writing a statement of the grievance or complaint which the grievant must sign and it shall contain the following:

(a) The facts upon which the grievance is based.

(b) Reference to the section or sections of the Agreement alleged to have been violated (this will not be applicable in cases of dismissal or suspension for cause or of involuntary resignation).

(c) The remedy sought.

The Steward shall sign and submit the written statement of grievance to the supervisor for his consideration, with a copy to the designated representative of the Company. After such submission, the supervisor and the Steward may, within the next five (5) workdays, unless mutually extended, settle the written grievance and, over their signatures indicate the disposition made thereof. Otherwise, promptly after the expiration of such five (5) day period, or agreed extension thereof, the supervisor and the Steward shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 3. Arbitration. If no settlement is reached in Step 2 within the specified or agreed time limits, then either party may in writing, within ten (10) workdays thereafter, request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in Sections 4.6 to 4.7, inclusive.

Section 4.3–Dismissals, Suspensions, Layoff, etc.

In cases of layoff or suspension for cause, or of involuntary resignation, the employee shall be given a copy of the layoff, suspension or termination of service slip, as the case may be, if he is available to be presented with such copy. If he is not available, copies of the slip will be sent to the employee and to the Association office. The employee shall have the right to appeal the action shown on the slip providing the Association files a written grievance with the designated representative of the Company within five (5) workdays after the date of layoff dismissal, or suspension for cause, or involuntary resignation, or within five (5) workdays after the date of the mailing of the copy of the slip. The written grievance then may be processed through subsequent steps.

Section 4.4–Association Versus Company

Processing of grievances which the Association may have against the Company shall begin with step 2 and shall be limited to matters dealing with the interpretation or application of terms of this Agreement. Such grievance shall be submitted in writing to the designated representative of the Company, and shall contain the following:

(a) Statement of the grievance setting forth the facts upon which the grievance is based.

(b) Reference to the section or sections of the Agreement alleged to have been violated.

(c) The correction sought.

The grievance shall be signed by the designated representative of the Association. If no settlement is reached within ten (10) workdays (unless mutually extended) from submission of the grievance to the designated representative of the Company, both shall sign the grievance and indicate that it has been discussed and reconsidered by them and that no settlement has been reached. Within ten (10) workdays thereafter the Association may in writing request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in 4.6 to 4.7, inclusive.

Section 4.5–Retroactive Compensation

Grievance claims involving retroactive compensation shall be limited to thirty (30) calendar days; prior to the written submission of the grievance to Company representatives, provided, however, that this thirty (30) day limitation may be waived by mutual consent of the parties.

Section 4.6–Selection of Arbiter - From Federal Mediation and Conciliation Service

The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbiters. Such requests shall state the general nature of the case and ask that the nominees, be qualified to handle the type of case involved. When notification of the names of the panel of seven (7) arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the arbiter.

Section 4.7–Arbitration - Rules of Procedure

Arbitration pursuant to Step 4 shall be conducted in accordance with the following

4.7(a) The arbiter shall hear and accept pertinent evidence submitted by both parties and be empowered to request such data as he deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days, unless mutually extended, after the completion of the hearing.

4.7(b) The arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties.

4.7(c) The arbiter shall rule only on the basis of information presented in the hearing before him and shall refuse to receive any information after the hearing except when there is a mutual agreement, in the presence of both parties.

4.7(d) Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs with a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.

4.7(e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

4.7(f) The Association or the Company, whichever is ruled against by the arbiter, shall pay the compensation of the arbiter including his necessary expenses.

4.7(g) The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 4.8–Extension of Time Limits by Agreement

Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent.

Section 4.9–Agreement Not to be Altered

In arriving at any settlement or decision under the provisions of this Article, neither the parties nor the arbiter shall have the authority to alter this Agreement in whole or in part.

Section 4.10–Conference During Working Hours

All conferences resulting from the application of provisions contained in this Article shall be held during working hours.

Section 4.11–Signing Grievance Does Not Concede Arbitral Issue

The signing of any grievance by any employee or representative either of the Company or of the Association shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitral issue or is properly subject to the grievance procedure under the terms of this Article.

ARTICLE 5

SENIORITY

Both parties hereto agree that continued service over a period of time should, and in most cases does, increase the worth of an employee to his employer, and that length of service should receive recognition in case of promotion. Both parties further agree, that the principle of seniority, where qualifications, productivity and dependability are reasonably equal, shall be used for promotion or for retention in case of a reduction in force. The Association recognizes that the Company retains the authority to evaluate qualifications.

Section 5.1–Probationary Employees

5.1(a) For the first one hundred and eighty (180) days of employment, newly hired employees shall be considered as on probation and without seniority. However, if a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward the completion of his probationary period. Upon the completion of his probationary period, his seniority date will then be established as of one hundred and eighty (180) days prior to the completion date of his probationary period.

5.1(b) During such one hundred and eighty (180) day period, probationary employees may be laid off or terminated at the discretion of the Company. Such layoffs or terminations during the probationary period shall not be subject to the grievance and arbitration procedure.

Section 5.2–Establishment of Seniority

The seniority date of each employee, who, as of the effective date of this agreement, is in the unit defined in Article 1, on authorized leave of absence from the unit or acting in a supervisory capacity over employees in the unit shall be in conformance with the date carried on the Company's service records. The seniority date of each employee, who, subsequent to the effective date of this agreement is hired or rehired into the unit shall be the effective date of such hire or rehire.

Section 5.3–Employees With Identical Seniority Dates

When two or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) digits of one's social security number shall be considered as having the least seniority for tie breaking purposes.

Section 5.4–Accumulation Seniority

Seniority shall accumulate to:

5.4(a) Employees who are on the active payroll of the Company and in the bargaining unit defined in Article 1 of this Agreement:

5.4(b) Employees who are promoted to positions supervising bargaining unit employees, shall retain and continue to accumulate seniority while they remain in a supervisory position;

5.4(c) Employees while on active military service and reinstated in compliance with applicable law;

5.4(d) Time spent on authorized leave of absence for Association business in accordance with Article 8;

5.4(e) Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff statue provided in 5.4(h);

5.4(f) Time spent on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or illness, not to exceed 12 months during any such period;

5.4(g) The first 30 days of any other authorized leave of absence;

5.4(h) Time spent on layoff for a period not to exceed (5) years, or length of service, which ever is less.

Section 5.5–Loss of Seniority

An individual shall lose seniority rights for the following reasons:

5.5(a) Resignation. In addition to normal resignations, an individual who, while on leave of absence, engages in other employment without prior written approval by the Company, or fails to report for work or to obtain renewal of his leave on or before its expiration, will be considered as having resigned;

5.5(b) Discharge for cause;

5.5(c) Failure to respond with an acceptance within seven (7) calendar days after receipt of a recall from layoff notice by certified mail (unless such period is extended by the Company);

5.5(d) Failure to report for work within fourteen (14) calendar days after acceptance or on such later date as may be designated by the Company;

5.5(e) Failure to keep the Company advised while on active layoff, of any changes in current mailing address. The Company will fulfill its obligation for notice of recall by mailing a certified notice to the employee's last address of record;

5.5(f) Layoff for a period in excess of five (5) years, or length of service, which ever is less.

5.5(g) Retirement;

5.5(h) Absence in excess of three (3) consecutive working days without notice, either by telephone or written message by messenger to his immediate supervisor shall constitute resignation as in 5.5(a) above, unless satisfactory evidence of inability to report for work is shown.

Section 5.6–Transfers To and From the Bargaining Unit

5.6(a) The Company may transfer or promote employees covered by this Agreement to supervisory positions.

5.6(b) Employees transferring to salaried positions other than that described in Section 5.4(b), shall retain their bargaining unit seniority but shall not accumulate additional seniority while they remain in such salaried positions.

5.6(c) The Company at any time may transfer or demote to positions within this unit those employees who have accumulated or are accumulating seniority under Section 5.2 of this Article 5. Such transfers or demotions may be made subject only to the job return rights of others to the extent provided in Article 12.

Section 5.7 – Transfers to Springfield

Employees who transfer into the Bargaining Unit from other sites will enter the seniority list at the bottom. However, the transferring employees will retain their original service date established at their previous sites, provided there is no break in service.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1–Workweek

The normal workweek will run concurrently with the pay week. The workweek shall be forty (40) hours consisting of five (5) days of eight (8) hours with an unpaid lunch per day Monday to Friday. Two-calendar days notice will be given for schedule changes that affect the shift start times.

Determination of starting time, hours of work, and days of rest, shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The Company will provide as much advance notice to the employees as possible. This Section is not subject to Article 4, Grievance Procedure and Arbitration.

Section 6.2–Lunch Period

Each employee will be allowed to take an unpaid lunch period of at least 30 (thirty) minutes each day.

Section 6.3–Work Shift Variance

Work schedules may be modified by mutual agreement of the employee and site manager.

ARTICLE 7

OVERTIME

Section 7.1–Overtime

The Company will attempt to meet its overtime requirements on a voluntary basis. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the overtime, and a reasonable effort will be made to equalize overtime between employees within a work group, such work groups to be determined by the Company.

Section 7.2

Time worked up to 40 hours in a workweek shall be compensated at straight time rates. Anytime worked in excess of 40 hours in a workweek shall be compensated at one and one half times straight-time rate.

Section 7.3

Any time worked on the second day of an employee's two consecutive days of rest shall be paid for at double his straight-time rate for such shift and such double time shall remain in effect for all hours continuously worked.

Section 7.4

Wage Payment Basis. Employees shall be paid for time worked computed to the nearest one-tenth hour.

Section 7.5

There shall be no duplication or pyramiding of overtime payments.

Section 7.6

For the purposes of calculating over-time, straight-time rate will include the employees base rate plus any additives excluding benefits and the savings plan.

ARTICLE 8

LEAVE OF ABSENCE

Section 8.1–Authorized Leaves of Absence

For the time period indicated in each instance, leaves of absence (without pay except to the extent vacation credit or sick/personal leave credit can be used and is used under and in accordance with Articles 17 and 18) shall be granted to an employee on the active payroll:

8.1(a) In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work, up to one year. The Company may require satisfactory proof of such illness. Alcoholism may be the basis for granting medical leave to individuals while under treatment at a recognized and accepted treatment center or hospital if such treatment is requested prior to the employee being terminated for unsatisfactory attendance or violation or other Company rules.

8.1(b) In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law. The Company must be notified upon medical confirmation that a pregnancy exists.

8.1(c) For the period of time necessary to serve in the Armed Forces of the United States.

8.1(d) When he is appointed as a full time representative of the Association representing the particular unit, or selected to a full-time Association position, for the period of time necessary to fill such position.

8.1(e) The Company may grant leaves of absence without pay for other reasons that the Company considers valid.

8.1(f) Requests for leaves of absence must be made in writing to the Company and specify the reason for the absence.

Section 8.2–Return from Leave of Absence

An employee who applies for return from leave of absence on or before the expiration date of his leave will be returned in accordance with the following:

8.2(a) When an employee returns from a leave of absence that was granted due to industrial injury or industrial illness and is medically able to perform the job which was last held, 8.2(a)(1) The employee will be returned to that job if this does not conflict with Article 12.

8.2(a)(2) If this does conflict with Article 12, the employee will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures with Article 12.

8.2(b) When an employee returns from a leave of absence described in paragraph 8 2(a) and is not able to perform the job last held due to medical limitation, he will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures, all in accordance with Article 12

8.2(c) When an employee returns from a leave of absence that was granted due to non-industrial injury or illness or because of pregnancy, and the period of the leave has not exceeded one year, and the employee is able to perform the job last held, the steps and procedures of subparagraphs 8.2(a)(1) and 8.2(a)(2), limitation will apply.

8.2(d) When an employee returns from a leave of absence described in paragraph 8.2(c) and is medically not able to perform the job which he last held due to medical limitation, he will be considered for any job which he is qualified and able to perform; otherwise, he may be placed on layoff, in accordance with Article 12.

8.2(e) If leave was granted due to non industrial injury or illness and the period of leave is in excess of one year, the employee may be returned to the job title last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 12; otherwise, he may be placed on layoff.

8.2(f) If leave was granted for military service, the provisions of applicable laws shall apply.

8.2(g) If leave, not exceeding one year in duration, was granted for any reason other than those stated in paragraphs 8.2(a) to 8.2(f) inclusive, and in paragraph 8.2(h), the employee will be returned to the job title last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 12; otherwise, the employee may be placed on layoff.

8.2(h) If leave was granted, not to exceed twenty-four (24) months, to accept a full-time position with the Association, the employee will be returned to the job last held if such job is un-populated. If such job is populated, the employee will be returned to one of equal grade.

8.3 – Family and Medical Leave The Company shall abide by all provisions of the Family and Medical Leave Act, as amended.

ARTICLE 9

SAFETY

Section 9.1–Health and Safety

The Company will continue to make reasonable provisions for the safety and health of employees. The Association will have the right to confer with the Company on matters pertaining to the safety of employees.

Section 9.2–Requirement for Medical Examination

In the interest of continued safety of individuals and their fellow employees, any applicant for employment or any employee returning to work following a Medical Leave of Absence or extended medical leave or documented substantial inability to perform the majority of the employees assigned duties and responsibilities, may be required through Government regulations or by the Company to undergo a medical examination by a doctor of the Government's or the Company's selection. If the diagnosis or examination results furnished by the Company doctor are not satisfactory to the employee, he may obtain an opinion from his own doctor. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Association, will be acquired for his analysis. If the mutually agreed upon doctor's diagnosis agrees with the employee's doctor, the Company shall only pay for the services of the mutually agreed upon doctor. The cost incurred for services of all other non-Company physicians shall be the sole responsibility of the employee who gave rise to the dispute.

ARTICLE 10

SEveraBILITY

If any part of the Agreement is declared invalid by reason of any existing or subsequently enacted legislation, of by any decree by a court of competent jurisdiction, the remaining parts of the Agreement will remain valid.

The Company and the Association shall meet as soon as possible after the enactment of such legislation or decree to reestablish compliance.

ARTICLE 11

MISCELLANEOUS

Section 11.1–Sabotage

The Association agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, Government, customer or any other person's or employee's property. The Association further agrees, if any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation.

Section 11.2–Security Clearance

Nothing in this Agreement will require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant Security Agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work. However, the Company will give consideration to assigning an employee to an area for which the employee is qualified and a clearance is not required.

Section 11.3 –Non-Discrimination

All terms and conditions of employment included in this Agreement will be administered and applied without regard to race, color, religion, national origin, status as a disabled or Vietnam era veteran, age, sex, or the presence of a handicap except in those instances where age, sex or the absence of a handicap may constitute a bona fide occupational qualification. If administration and application of the contract is not in contravention of Federal laws, such administration will not be considered discrimination under this Section.

However, this section is subject to the grievance procedure.

Section 11.4–Successor and Assigns

This Agreement will be binding upon and will inure to the benefit of the parties hereto, their successors and assigns; in the event the Company ceases to perform on the contract as identified in Article 1, the Company will be released from all obligations on the project(s) so affected under this Agreement.

Section 11.5–Bargaining Unit Status Report

A quarterly seniority list, updated monthly, will be provided to each Shop Steward and an additional copy will be sent to the Association. The report will include the following information:

(a) Employee name

(b) Social Security number

(c) Job title and number

(d) Seniority date

Section 11.6–Masculine - Feminine References

Inadvertent use of masculine pronouns will be interpreted to mean all employees.

Section 11.7–Plant Shutdowns

The Company will continue to comply with its present pay practice of compensating employees for those periods of time when safety, government/customer shutdowns, government mandated holidays, or weather related incidents and other acts of God, necessitate a partial workday(s) or temporary closing of facilities.

Section 11.8–Dress Code

Employees will present a neatly groomed and professional appearance. If the Company provides Company shirts with a Company logo to all employees, then the Company shirt will be worn. If Company shirts are not provided, or come into disrepair and have not yet been replaced, a collared golf-style shirt may be worn in conjunction with the company badge.

11.8(a) Dress shirts and neckties will not be worn.

11.8(b) Female employees may wear either the Company shirt or commensurate business casual attire. Casual tops, such as a tee shirt, will not be worn. If dresses or skirts are worn, the hemline will be no higher than six inches above the knees. Business casual pantsuits or slacks may be worn. Jeans will not be worn.

11.8(c) Male employees will wear dress slacks or permanent press polyester/cotton blend slacks. Jeans will not be worn.

11.8(d) Neatly trimmed mustaches and beards are permitted with Customer approval.

11.8(e) Shoes and boots should be conservative, shined, and in good repair. Athletic shoes, boat shoes, or casual walking shoes will not be worn. Female shoes may be open toed, with or without high heels.

ARTICLE 12

WORK FORCE ADMINISTRATION

Section 12.1–Surplus Action

12.1(a) In effecting a reduction in force within a job classification, the following procedure shall be followed. The first selection would be probationary employees followed by other employees in reverse seniority order.

12.1(b) Return To Formerly Held Job. Affected full time employees referenced in 12.1(a), will be offered the job classification held immediately prior to their present job classification if their seniority permits.

Section 12.2–Recall From Layoff

Employees who are on active layoff status from job classifications having job openings will be recalled in order of seniority, providing they have the required qualifications and are eligible for re-certification for that job.

Section 12.3–Temporary Assignment

The Company may temporarily assign employees to perform work assignments described for other job classifications. No overtime will be offered to temporarily assigned employees until the provisions of Article 7 of this Agreement are met.

ARTICLE 13

JURY AND WITNESS DUTY

Section 13.1–Jury Duty

An employee absent from work due to required jury duty will be paid for such lost hours at his current straight time base rate, including shift differential where applicable, up to a maximum of eight hours per day, for each regular workday the government body summoned the employee. Employees will be paid eight (8) hours jury duty pay and will be excused from their scheduled shift if they serve more than four (4) hours on the day so assigned as a juror. All other employees must report for work provided there are more than four (4) hours available on their shift either prior to their scheduled report time for jury duty or after their release from jury duty (two (2) hours of this time will be considered as travel preparation time). Second and third shift employees summoned to jury duty will be temporarily assigned to first shift on a weekly basis during the time required to serve. Fees received for jury duty will not be deducted from such pay. The employee will furnish to the Company evidence satisfactory to the Company showing the performance of jury duty that meets the requirements of this Section 13.1

Section 13.2–Witness Duty

An employee absent from work in order to comply with a subpoena as a witness in a federal or state court of law, will be paid for such lost hours at his current straight time base rate, including shift differential where applicable, up to a maximum of eight (8) hours per day, for each regular workday for which he is a witness. Employees will be paid eight (8) hours witness duty and will be excused from their scheduled shift if they serve more than four (4) hours on the day so serving as a witness. All other employees must report to work provided there are more than four (4) hours available on their shift either prior to their scheduled report time for witness duty or after their release from witness duty (two (2) hours of this time may be considered as travel preparation time). Witness fees will not be deducted from such pay. An employee is not entitled to such pay under this Section 13.2 in circumstances where the employee (1) is called as a witness against the Company or its interests; or (2) is called as a witness on his own behalf in an action in which he is a party; or (3) voluntarily seeks to testify as a witness; or (4) is a witness in a case arising from or related to his outside employment or outside business activities. The employee will furnish to the Company evidence satisfactory to the Company showing his attendance as a witness that meets the requirements of this Section 13.2.

ARTICLE 14

SHORT-TERM MILITARY DUTY

An employee who is a member of a reserve component of the Armed Forces, who is required to enter active annual training duty or temporary special services duty, shall be paid his normal straight time earning, including shift differential where applicable, up to a maximum of ten workdays each calendar year. The amount due to the employee under this Article shall be reduced by the amount received from the government body identified with such training duty or services for the period of such duty (up to the maximum period mentioned above). Such items as subsistence, uniform and travel allowance shall not be included in determining pay received from state or federal government.

ARTICLE 15

RATES OF PAY

Section 15.1 Base Rate Structure.

*Includes one time pre-GWI wage adjustment of $0.17/hr

**Includes one time pre-GWI wage adjustment of $0.12/hr

***Includes one time pre-GWI wage adjustment of $0.10/hr

****Includes one time pre-GWI wage adjustment of $0.09/hr

FTU Instructor Recognition: All FTU instructors will receive $4.26 per hour above their base rate, effective 10/01/07.

All represented employees on the company payroll as of August 31, 2007 will receive a Company provided wage lump sum payment of $700 no later than the second pay period of October 2007.

15.1(a) Job Reclassifications

Section 15.2–Reassignments

When an employee is downgraded for any reason, their hourly rate will be reduced to the hourly rate of the employee's classification.

Section 15.3–Paydays

Paydays for employees under this agreement on all shifts shall be weekly on or before Friday, except when circumstances intervening beyond the Company's control make such practice impossible.

Section 15.4–Report Time/Call-In Time

If an employee reports for work in accordance with instructions he shall receive a minimum of four (4) hours pay at his base rate. Report time will not apply in case of emergency shut down arising out of any condition beyond the Company's control. An employee who leaves work of his/her own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day. An employee that leaves work because of incapacity due to industrial injury will be paid eight hours pay at this base rate.

Section 15.5-Lead Pay

The decision to create a QCR, Leads, or ASM shall be at the sole discretion of the company and such rights shall not be subject to the grievance procedure. An employee assigned in writing by the company for a period of 40 consecutive hours to one of the above shall be paid a premium of $2.00 per hour above his/her base rate. An employee may be assigned to more than one of the above in which case they will receive $2.00 per hour for each assignment.

Section 15.6–Effective Date of Increases

The actual date of all increases as identified in this section will be the beginning of the first pay period following the effective date of change.

Section 15.7–Shift Premium

An employee that is scheduled for a shift that does not start between 06:00 AM and 10:00 AM will receive a shift premium of $2.00 per hour above the employee’s regular straight-time rate, at the discretion of the site manager.

ARTICLE 16

TRAVEL

Employees will be reimbursed for lodging, airfare, mileage and meals according to the Company travel policy, CPS 417, or its successor/associated policies.

ARTICLE 17

VACATIONS

Effective January 1, 2004, employees will accrue vacation at the rate commensurate with their years of service based on the schedule below:

(Annual) (Monthly)

Years of Service Hours Accrued Hours Accrued

1 - 4

Up to 80/yr

6.667

5 - 11 Up to 120/yr

10.000

12 - 13 Up to 128/yr

10.666

Up to 136/yr

11.333

15+

Up to 160/yr

13.333

17.1. Vacation will be accrued monthly for any month in which the employee receives compensation from the Company. This includes hours lost due to temporary disability under Workmen's Compensation.

17.2. The hours will be granted (available to be taken) the following month. Vacation accrual rates are based on the employee's established anniversary date for vacation eligibility.

17.3. All vacation hours will be paid at the employee's current base rate of pay including all pay additives (shift premiums, COLA's, etc.). Payment in lieu of vacation will be made only if the Company determines that production requirements prevent time off for vacation. Employees may take vacation in full-hour increments.

17.4. Accumulative Credits. Vacation credits will accumulate in an employee’s vacation account up to a maximum of two times their annual accrual rate. No additional vacation credits will be accrued or awarded until the number of credits in the account drops below this maximum.

17.5. There will be no pay-in-lieu of time off for vacation. The intent of this provision is to cause each employee to use the vacation credits awarded for time off.

17.6. Employees who leave the active payroll of the Company, except for reasons of death, shall be paid for all vacation earned and deferred up to the time of separation.

17.7. In the event of an employee's death the accumulated vacation will be paid out into the employee’s estate.

17.8 Employees will request vacation from their supervisors and/or the Site Manager with as much advance notice as possible.

ARTICLE 18

SICK LEAVE/PERSONAL TIME

Section 18.1 Accumulation of Sick Leave/Personal Time.

Employees, on the active payroll their first year of employment shall earn sick leave/personal time credits at the rate of 1/12 of the set amount for each month worked not to exceed a maximum of 80 hours.

Section 18.2 Use of Sick Leave/Personal Time.

18.2(a) An employee will be allowed to take sick/personal leave credits, not yet accrued, up to the annual maximum referenced in section 18.1. Payment for sick leave/personal time shall be at the employee's straight time base rate, including pay additives where applicable.

18.2(b) In no instance will an employee be allowed to take more than the annual maximum credits allowed, per section 18.1.

18.2(c) An employee will be allowed to be paid out for credits not used according to the following schedule:

Effective Oct 1, 2007 employees may be paid out for credits not used up to a maximum of 40 hours.

Effective Oct 1, 2008 employees may be paid out for credits not used up to a maximum of 20 hours.

Subsequent years, employees will no longer receive a pay out for credits not used.

ARTICLE 19

BEREAVEMENT DAYS

In the event of a death in an employee’s immediate family, the employee will be granted up to five (5) days (non-chargeable to sick time) bereavement leave with pay. Immediate family is defined as in-laws, parents, children (including step-children), spouses, brothers, sisters, grandparents, grandchildren, stepparents and step-grandparents.

ARTICLE 20

HOLIDAYS

Section 20.1

The following holidays shall be observed by the bargaining unit personnel:

New Years Day

Martin Luther King Day

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans’ Day

Thanksgiving Day

Christmas Day

Section 20.2–Unworked Holidays

Eligible employees shall receive eight (8) hours pay for unworked holidays (those holidays designated above), at their base rate plus any additives in effect at the time the holiday occurs, plus shift differential, if applicable.

Section 20.3–Worked Holidays

Employees who are required to work on the above-named holidays shall receive the pay due them for the holidays plus double their base rate plus any additives for all hours worked on such holiday, plus shift differential, if applicable, unless the employee starts to work at 10:30 p.m., or thereafter on that day.

Section 20.4–Holidays During Vacation

Should a holiday occur while an employee is on vacation, the employee shall be allowed to take one (1) extra day of vacation with pay in lieu of the holiday as such.

Section 20.5–Holiday Observance When Occurring on a Scheduled Day of Rest

When a holiday falls on an employee's scheduled day of rest, the holiday will be moved in accordance with the following:

20.5(a) If the holiday falls on the first day of rest, the last workday immediately proceeding the holiday will be observed as the holiday.

20.5(b) If the holiday falls on the second day of rest, the first workday immediately following the holiday will be observed as the holiday.

Section 20.6–Employees on Non-Regular Workweek

For those employees who regularly work Saturday and/or Sunday, receiving two (2) consecutive days off during the week, the two (2) days off shall be treated as "Saturday" and "Sunday," in that order, for the purpose of this Article 20. Should any of the holidays observed by the Company occur on such a "Sundays, the following day shall be considered as a holiday for such employees: Should any of the holidays observed by the Company occur on such a "Saturday," the preceding day shall be considered as a holiday for such employees.

ARTICLE 21

GROUP BENEFITS

Section 21–Type of Group Benefits Package for Employees on the Active Payroll

The Company shall provide or make available the benefit plans listed below.

Medical Plan: For employees and eligible dependents, subject to applicable co-payment, not provided with Option 2 below.

Dental Plan: For employees and eligible dependents, provided at no cost to the employees, not provided with Option 2 below.

Vision Plan: For employees and eligible dependents, subject to applicable co-payment, not provided with Option 2 below.

Basic Life Insurance: For employees, $25,000 coverage at no cost to employees, not provided with Option 2 below.

Optional Life Insurance: Option to purchase additional life insurance coverage for employees and/or eligible dependents.

Accidental Death & Dismemberment Insurance: For employees, $25,000 coverage at no cost to employees, not provided with Option 2 below.

Short-Term Disability: 60% of base pay, up to a weekly maximum benefit of $500 for applicable medical disabilities. After an eight (8) day elimination period; up to 26 weeks at no cost to the employee. In addition, the employee may purchase at their expense, additional benefits at 70% of their base pay up to $500. In no case will this benefit exceed 70% of base pay and $1000 maximum per week, not provided with Option 2 below.

Long-Term Disability: Option to purchase 60% of base pay, to monthly maximum level, for applicable medical disability, duration dependent upon age.

Flexible Spending Account: Option to contribute pre-tax money to Health Care and/or Dependent Child Care spending accounts to a maximum of $5,000 annually.

Travel Accident Insurance: For applicable Company travel. Company paid, not provided with Option 2 below.

The…