Tucson 2006 CBA.pdf

Tucson IAP

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

RAMAC® SERVICES CORPORATION

“ A Lockheed Martin Company” and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO

and its

LOCAL LODGE 933

Effective Date: September 11, 2006 until September 10, 2009

TABLE OF CONTENTS

ARTICLE TITLE PAGE

Preamble 3 1 Recognition 4 2 Rights of Management 4 3 Union and Company Relations 5 4 Grievance Procedure and Arbitration 8 5 Seniority 12 6 Workweek, Hours of Work, Shifts 15 7 Overtime 16 8 Leave of Absence 17 9 Safety 20

10 Separability 20 11 Miscellaneous 20 12 Workforce Administration 23 13 Jury and Witness Duty 24 14 Short-term Military Duty 25 15 Rates of Pay 26 16 Travel 28 17 Vacations 28 18 Sick/Personal Leave 29 19 Bereavement 30 20 Holidays 30 21 Group Benefits 31 22 Savings Plan 33 23 Technological Changes 33 24 Posing of Jobs 33 25 Mid Term Meeting 34 26 Drug and Alcohol Free Workplace 34 27 Educational Assistance 34 28 I/SME Familiarization Flights 35 29 Duration 35

Signature of the Parties 36 Appendix A Letter of Agreement 37

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

RAMAC® SERVICES CORPORATION

“ A Lockheed Martin Company”

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS,

AFL-CIO

AND ITS

LOCAL LODGE 933

THIS AGREEMENT, dated as of the 11TH day of September 2006, by and between RAMAC® SERVICES CORPORATION “ A Lockheed Martin Company” (hereinafter referred to as the Company or Employer, as appropriate) and the International Association of Machinists and Aerospace Workers, AFL-CIO, and its Local Lodge 933 (hereinafter referred to as the Union).

WITNESSETH that

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

WHEREAS, the Union and the Company have negotiated a Collective Bargaining agreement covering wages, hours and other 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 International Association of Machinists and Aerospace workers. AFL-CIO, Local Lodge 933 as the sole and exclusive bargaining agent with respect to rates of pay, 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 Union agree that the employees covered by this agreement shall consist of the classifications set out in this Agreement employed by the Employer with regard to the Weapons System Support Contract Program at Tucson IAP, Arizona under the United States Air Force Contract Number F41689-02-D0021 and its successor contracts Excluded from the unit are all supervisors and managers, office clerical employees, professional employees and guards as defined by the National Labor Relations Act, and all other employees of Lockheed Martin Simulation Training and Support or the parent organization, including 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 of this Agreement 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. The company agrees that no bargaining unit employees will be laid off as a direct result of subcontracting bargaining unit work. If, because of technological change, modifications to the Company’s contractual requirements, or other revised business requirements, the Company considers such subcontracting or outsourcing, it will give the Union no less than 15 days notice of such consideration and meet with the Union to discuss the reasons therefore.

ARTICLE 3

UNION AND COMPANY RELATIONS

Section 3.1 – Union Activity During Working Time. Solicitation of Union membership, collection or checking of dues, will not be performed during working hours. The company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Union activity. Any employee engaged in unsanctioned Union activity during working time, except as specifically allowed by the provisions of this Agreement, or by other agreement between the company and the Union, is subject to disciplinary action.

Section 3.2 – Strikes and Lockouts. The Union 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, sit-down, or walk-out and (b) the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of the employees to proceed to the location or normal work assignment where no rare of 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 the company that the Union has violated this Section 3.2 shall not be subject to the grievance procedure or arbitrations provisions of this Agreement and either party shall have the right to submit such claim(s) to the courts.

Section 3.3 – Union Payroll Deduction. It is agreed between the Company and the Union that any employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, or pays an agency fee, may authorize the collection of Union dues or agency fees by the signing of a payroll deduction form. The employee's authorization shall be irrevocable for a period of one year from the date they are signed or until this agreement expires whichever occurs sooner, irrespective of their membership status in the Union.

3.3(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within ten (10) calendar days nor less than three (3) days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such ten (10) day period.

3.3(b) Collection of any back dues or agency fees owed at the time of starting deductions for any employee and collection of dues or agency fees missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

3.3(c) Deduction of membership dues or agency fees shall be made weekly in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues or agency fees shall not extend beyond the pay period in which the employee's last day of work occurs.

3.3(d) Explanation to employees. Either the company or the Union may explain to any employee or call to his attention, at any time, his rights and obligations under any or all provisions of this Article 3.

Section 3.4 – Payroll Deduction for Union Dues and Initiation Fee

The company shall make weekly payroll deductions for the Union's dues upon receipt by the office designated by the company of a voluntary written assignment covering such deduction on a form mutually agreed to by the Union and the Company. The deduction list will include each such employee's permanent employee number, name, and amount of deduction and such itemization will be forwarded to the Union. The Union dues shall be in an amount specified on such assignment and the amount will have been approved by the company in advance as being administratively practicable.

Section 3.5 – Indemnity. The Union 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 3.6 – Business Representatives - Access to Site “Business Representative” is defined as anyone with Union credentials, i.e. Business Representative, District Business Representative, Grand Lodge Representative, Aerospace Coordinator, etc. These terms are used interchangeably in this document.

The Business Representative of the Union shall have access to the Company facilities where bargaining unit employees are normally assigned during working hours for the purpose of conducting legitimate Union Business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and will not interfere with the normal conduct of the

Company’s operation. The Company will not impose regulations which will render the intent of this provision ineffective. The Union shall keep the Company Manager of Labor Relations currently informed in writing of the name of the accredited Business Representative. The business representative shall notify the human resources manager or his designee prior to any visit to the site. The site manager will ensure that the necessary credentials where required will be given to the business representative in accordance with Department Of Defense and Air Force regulations. Visits shall be made subject to such regulations as may be made from time to time by the company.

Section 3.7 – Shop Stewards. The Union may select not to exceed, except by mutual agreement, one employee as shop steward, and one alternate employee shop steward. The union may designate one additional steward to act as Chief Steward. An employee while serving as a Steward shall not be surplused.

Section 3.8 – 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 Union or contacting the Business Representative 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, Business Representative, or his designee, relating to a complaint or grievance.

Discussions of the type described in this Section 3.10 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 3.9 – Bulletin Boards. The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following.

(a) Notices of Union meetings;

(b) Notices of Union elections and results thereof;

(c) Notices of Union recreational and social affairs;

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

Only notices approved by the Business Representative/Grand Lodge Representative, or his designee, authorized in writing by the Union and approved by the Company may be placed on the bulletin boards.

Section 3.10 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 3.11 – Joint Meetings. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union 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 Union 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 Union, 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 site manager for his consideration, with a copy to the designated representative of the Company. After such submission, the site manager/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 site manager/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. Written Grievance Handling at Business Representative/Grand Lodge Representative/Company Representative Level. If no settlement is reached in Step 2 within the specified or agreed time limits, the Business Representative/Grand Lodge Representative or his designee may at anytime thereafter submit the grievance to the site manager or designated representative of the Company. After such submission, the designated representative of the Company and the Business Representative/Grand Lodge Representative or his designee may, within the next ten (10) workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of such ten (10) day period, or agreed extension thereof, the designated representative of the Company and the Business Representative/Grand Lodge Representative, or his designee, 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 4. Arbitration. If no settlement is reached in Step 3 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 Union office.. The employee shall have the right to appeal the action shown on the slip providing the Union 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 – Union Versus Company

Processing of grievances which the Union may have against the Company shall begin with step 3 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 Union. 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 Union 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 Union 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 – Business Representative/Grand Lodge Representative, When Not Available May Authorize Designee

For any period that the Business Representative/Grand Lodge Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited Steward or another accredited Business Representative/Grand Lodge Representative to act for him, as his designee. As to each such period of unavailability, authorization of the designee will be accomplished by the Business Representative/Grand Lodge Representative informing the appropriate Company representative of the expected period of the Business Representative/Grand Lodge Representative's unavailability to perform his duties under this Article 4, he shall promptly notify the Company representative of the fact and such notice will terminate the period during which the designee is authorized to act.

Section 4.12 – Signing Grievance Does Not Concede Arbitral Issue

The signing of any grievance by any employee or representative either of the Company or of the Union 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, are reasonably equal, shall be used for promotion or for retention in case of a reduction in force. It is further recognized 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, employees shall be considered as on probation and without seniority. This period may be extended upon mutual agreement between the company and the union if there is a delay due to a cognizant Security Agency requiring additional information from the employees for a security clearance processing . However, due to a cognizant Security Agency backlog when an employee(s) security clearance has not been approved, a job position that does not require a security clearance may be offered to the employee(s), if the employee(s) are qualified for the position, in accordance with Article 11, Section 11.2 Security Clearance or the employee(s) are laid off. 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 employee(s) 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 site seniority lists on the date of ratification. The seniority date of each employee, who, subsequent to the effective date of this agreement, is hired, rehired or transferred into the site shall be the effective date of such hire, rehire or transfer to the site. Seniority will not be maintained if transferred to another site; the affected individual will be placed on the bottom of the new site’s seniority list.

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 of the Site 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 site bargaining unit employees, shall retain and continue to accumulate site seniority while they remain in a supervisory position;

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

5.4(d) Time spent on authorized leave of absence for Union 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, and returning to the same site.

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 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.

5.5(i) If a member re-locates to another site, the member retains seniority rights for company benefits only (i.e. vacation) but goes to the bottom of the seniority list at their new location.

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 site 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 the employee's of employment 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.

Employees who transfer to another job category within the site (see Article

12) shall be placed on the new category seniority list using the seniority date on the previous job category list at the same site.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1 – Workweek

The normal workweek will run concurrently with the pay week. The normal 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 and hours of work, shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The Company will provide as much advance notice to the employees as possible. This Section is not subject to Article 4.

Section 6.2 – Instructor/SME Scheduling

For purposes of scheduling instructors, each trainer, academic class, or block of consecutive unclassified classes to the same student class in the same building will include a thirty (30) minute period of preparation time prior to the event. If necessary, this thirty (30) minute period can be waived for academics and unbriefed UTD’s in the same building. When the shift starts with a trainer, academic class, or block of consecutive unclassified classes this preparation time is paid time and constitutes the beginning of the shift.

Section 6.3 – Lunch Period

Employees will be allowed one (1) paid fifteen (15) minute rest period before and one (1) paid fifteen (15) minute rest period after lunch for each scheduled work day; and one (1) unpaid thirty (30) minute or sixty (60) minute lunch period; With management approval, employees will be allowed to take their rest and/or lunch periods at a later or earlier time during the shift.

Section 6.4 – Work Shift Variance

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

Shifts may vary in length but will not exceed 12 hours, unless agreed to in advance by the company and the employee. Once the employee(s) has exceeded a 12 hour shift, the employee(s) will be paid shift differential and lead pay if applicable, for all hours worked.

Any other matters relating to non-standard work schedules will be subject to mutual agreement by the parties.

ARTICLE 7

OVERTIME

Section 7.1 – Overtime

In order for the Company to meet its support obligations, certain employees from time to time will be required to work overtime as well as shift work during the week, on holidays and weekends. When it becomes necessary to schedule overtime, it will first be offered to qualified employees on a voluntary basis within the work group/work area where the overtime requirement exists. The Company will attempt to equalize overtime among those qualified employees. If management fails to obtain a sufficient number of volunteers to meet the overtime requirement(s), then qualified employees may be directed to work the necessary overtime within the work group/work area where the overtime requirement exists, in reverse seniority order The Company will provide as much advance notice of overtime requirements as possible.

The Company shall not require an employee to work overtime who has worked, three consecutive weekends (either Saturday or Sunday), or 160 overtime hours in the calendar quarter, except in extraordinary circumstances mandated by the customer. Hours worked on any off-site assignment shall not be included in this provision.

Section 7.2 Overtime shall be paid at one and one-half (1.5) times an employee’s base rate, plus shift differential and lead pay if applicable, for all hours worked on a holiday as defined in Article 18, and/or for all hours worked in excess of forty (40) compensated hours in the workweek, including Saturday and Sunday. All compensated hours shall be credited as hours worked for the purpose of overtime calculation, plus pay additives if applicable.

Section 7.3

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

Section 7.4

There shall be no pyramiding of overtime and/or other premium payments. No overtime shall be worked except by direction of the Company’s appropriate management.

Section 7.5

In any dispute regarding any claim that an employee was not given an opportunity to work overtime, the only award, if any, will be that the employee shall be provided an opportunity to work such overtime at the next overtime opportunity.

Section 7.6

Any time worked on the second day of an employee's two consecutive days of rest shall be paid for at double his base rate for such shift and such double time shall remain in effect for all hours continuously worked, plus pay additives if applicable.

Section 7.7

For the purposes of calculating over-time, straight-time rate will include the employee’s 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 Union representing the particular unit, or selected to a full-time Union 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. Should the request for Leave of Absence be rejected by the Company, the reason will be discussed with the employee.

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, irrespective of length, 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 Union, 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 Union shall have the right to confer with the Company on matters pertaining to safety of the employees.

Section 9.2 – Requirement of 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 Union, 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

SEPARABILITY

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

The Company and the Union 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 Union 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 Union 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 shall 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 in his job title to an area for which he is qualified and a clearance is not required.

Section 11.3 – Non-Discrimination

All terms and conditions of employment included in this Agreement shall 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 shall not be considered discrimination under this Section 11.3.

Notwithstanding any other provision of Section 11.3 of this Agreement, a grievance alleging a violation of this Section 11.3 shall be subject to the grievance procedure and arbitration of Article 4 only if it is filed on behalf of and pertains to a single employee. Class grievances based on alleged violation of this Section 11.3 shall not be subject to the grievance procedure and arbitration under this Agreement.

Section 11.4 – Successor and Assigns

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

Section 11.5 – Performance of Work

Non-Bargaining Unit Personnel: Management/Supervisors or non-represented employees will not regularly perform the duties of employees in the bargaining unit, except in emergency situations, for minimal currency requirements per work instructions (unless otherwise agreed to by the parties) or for the purpose of instructing employees. Management/Supervisors or other non-represented employees are not to perform any unit work solely to prevent a unit employee from earning overtime.

Section 11.6 – 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 Union. The report will include the following information:

(a) Employee name

(b) Employee number

(c) Job title and number

(d) Seniority date

(e) Employee’s on active layoff

(f) Employee’s Service Date

Section 11.7 – Masculine - Feminine References

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

Section 11.8 – Contributions to Machinists Nonpartisan Political League

Upon receipt by the Company of a signed voluntary authorization by an employee, on a form approved by the Company, requesting that there be deductions made from his wages, in a weekly amount designated by the employee, such deductions to be forwarded to the Union for use by the Machinists Nonpartisan Political League, the Company will thereafter make such deductions and forward them to the Machinists Nonpartisan Political League, in care of the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the employee.

Section 11.9 – Contributions to Guide Dogs of America

Upon receipt by the Company of a signed voluntary authorization by an employee, on a form approved by the Company, requesting that there be deductions made from his wages, in a weekly amount designated by the employee, such deductions to be forwarded to the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the employee.

Section 11.10 – 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 11.11 – Dress Code

Employees will comply with the dress standards as established in the Local Operations Procedures. The company will continue its present practice of providing company apparel and required safety equipment for employees.

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 at each site. The first selection would be probationary employees, followed by voluntary layoff in the classification, followed by full time employees in the classification in reverse seniority order, provided there are enough qualified employees to perform the work remaining.

12.1(b) Affected full time employees referenced in 12.1(a) will be offered a lateral or lower job classification providing they have the required qualifications on the date of the surplus notification for that job 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.

12.2(a) Employees will be notified of recall in writing by certified mail. This notification will be sent to their last known address on the Company’s records, with a copy to the Union, and the employee will be required to report to work within fourteen (14) calendar days following receipt of the written notice. Failure to do so will result in automatic loss of seniority and the employee will be terminated. It is the sole responsibility of the employee to keep the Company properly informed of his/her address and telephone number.

Section 12.3 – Temporary Layoff

When the Company determines it is necessary to reduce the number of employees working within a job classification, employees may be temporarily laid-off for not more than 14 calendar days within a 60 calendar day period.

Such layoff shall be in the reverse order of seniority. The Company agrees that the union will be notified when possible in advance.

Section 12.4 – Temporary Assignment

The Company may temporarily assign employees to perform work assignments described for other job classifications for a period not to exceed thirty (30) days unless extended by mutual agreement of the parties. No overtime will be offered to temporarily assigned employees until the provisions of Article 7 of this Agreement are met.

Section 12.5–Part Time Employment

The Company may, providing there are no employees on active layoff status in the classification, to accommodate schedule requirements, hire employees specifically to work a daily or weekly work schedule which is less than the current regular normal workday or workweek. Part time employees will not be used to replace existing full time employees. Part time employees will not comprise more than ten (10) percent of any job classification.

Section 12.6 – Employee Requested Transfer.

The Company will maintain an environment in which employees can make known their interest in transferring to other positions which they are qualified to perform.

An Employee Requested Transfer system, including the posting of openings on Company bulletin boards, will be established which will allow each employee to make application for transfer and receive consideration as a candidate for open positions for which qualified. Both parties agree that continued service over a period of time normally does increase the worth of an employee to his/her employer.