WEATHER_Skywatch_PATCO_CBA_2014-2016_rev_25Apr14_signed_16_OCT.pdf

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MASTER AGREEMENT

BETWEEN

SKYWATCH RESEARCH, LLC

AND

PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION,

NUHHCE, AFSCME, AFL-CIO

PEASE ANGB, N.H.

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By this Agreement by and between SKYWATCH RESEARCH, LLC hereinafter referred to as "Employer" or "Company", and the Professional Air Traffic Controllers Organization NUHHCE, AFSCME, AFL-CIO, hereinafter referred to as “Union” or "PATCO", the following terms and provisions are hereby agreed to:

PREAMBLE

Company and PATCO agree to cooperate with another in efforts to assure a harmonious and productive relationship, to serve the needs of the National Guard Bureau, hereinafter referred to as "NGB", and to meet the highest standards of service. Company, PATCO and the employees agree to act at all times in such a manner as to assure fair, just, and equitable treatment for labor and management. Because of these commitments and understandings, Company and PATCO do hereby agree to the following:

ARTICLE 1. RECOGNITION

Section 1. Recognition. Company recognizes PATCO as the exclusive representative for the purpose of collective bargaining with respect to wages, hours, and all other conditions of employment for all employees working at the Pease ANGB, N.H. weather station hereinafter referred to as "bargaining unit" or "worksite".

Section 2. Definition of Unit. For the purpose of this Agreement, the term "employee” shall mean all employees, full-time, and part-time employees employed by Company in the bargaining unit, which unit includes the following job classifications:

Weather Observers

Supervisor

Section 3. Full -Ti me Employees. Full-time employees shall be entitled to all benefits provided for in this Agreement. Full-time employees are defined as employees working a regularly scheduled 30-hour or more work week.

Section 4. Part-Time Employees. Part-time employees shall be entitled to all benefits provided for in this Agreement. Part-time employees are defined as employees working less than a regularly scheduled 30-hours per work week.

Section 4. Relief Employees. Relief employees shall be entitled to the benefits provided for in this

Agreement unless expressly excluded. Relief employees are defined as employees not regularly scheduled on a weekly basis.

Section 5. Supervisor. There shall be a full-time Supervisor under this Agreement. The Supervisor is hired and/or named at the election of Company and the position of Supervisor will not be determined by Seniority at the worksite. The Supervisor will have no less than two (2) years weather observation experience and is subject to the standards set forth in the Company's Delegation of Authority and as such is not entitled to the provisions of Article 12 of this Agreement.

ARTICLE 2. UNION RIGHTS AND DUTIES

Section 1. Union Steward. Company recognizes the right of the employees to elect one "Union Steward" for every fifteen (15) union members. Upon election, Company will be notified in writing of his/her name.

Written notification will be furnished by the Union to Company of any change and the name of any replacement.

In no event, will the Union Steward be the bargaining unit Supervisor. Communication between the Union and

3 | P a g e the employees, both verbal and written, will be between the Union and the Union Steward only.

Section 2. Union Steward Activity. Union Steward activity may be conducted on work time provided that there is no interference with work or the operations of the Company. Time spent in grievance processing by the Union Steward shall not be considered as time worked.

Section 3. Bulletin Board. Company shall provide space on an existing bulletin board or posting area for use by the Union. The posting area shall be in a location where employees have regular access.

Section 4. Union Visitation. PATCO representatives shall have the right to visit the worksite during working hours to settle or investigate grievances, observe employees' working conditions or for any other purpose essential to the Union's obligations to administer the Agreement. PATCO shall notify the Company's Supervisor and the Union Steward of its intended visit no less than 24 hours prior to entering the worksite.

PATCO agrees to cooperate with Company at the worksite without interference of services provided to the Government.

Section 5. Union Insignia. PATCO members shall have the right to wear buttons, patches, or pins during working hours without discrimination or harassment.

Section 6. Protected Activity. Company agrees that no employee shall be discharged, disciplined or otherwise discriminated against in any way because of their membership in or legal and appropriate activities on behalf of the Union.

Section 7. Contract Notification. New employees, as part of orientation, shall be informed of this

Agreement. A copy of the Agreement shall be posted at the worksite. If an explanation of this Agreement with the Company is necessary the Union Steward shall provide the explanation of the Agreement.

ARTICLE 3. EMPLOYER RIGHTS

Section 1. Employer Rights. Employer shall reserve all rights to manage its business, except as specifically modified by this Agreement or law. Such rights shall include, but not be limited to, the right to select the worksite Supervisor and control their condition of employment, and the right to designate to the Supervisor the following. The rights to hire, promote, discipline, transfer, lay off, or discharge for just cause; the right to schedule operations, shifts, and all hours of work; the right to assign work and require overtime work; the right to establish rules pertaining to the operation of the station and permissible conduct of employees; the right to suspend employees without pay during grievance proceedings. All premises operated by Employer shall be under the control of Employer. Employer or employer's Supervisor has the right to inspect any property at the worksite, including but not limited to, lockers, desks, restrooms, etc. In cases where Employer's contract with the Government contradicts any provision of this contract, Employer shall have the right to act under the terms and conditions of the Government contract.

Section 2. Performance. Employer shall have the right to expect the employees to perform at and maintain a level of performance in accordance with Company's NGB approved Quality Assurance Plan, a copy of which is maintained at the worksite and is to be reviewed by all employees.

ARTICLE 4. UNION SECURITY

Section 1. Membership. Employees of the bargaining unit covered by this Agreement shall be covered under this collective bargaining agreement and are part of the bargaining unit. If the employee declines to become a member, or at any time desires to withdraw their membership he or she must

4 | P a g e decline in writing to PATCO, whereupon he/she will not be a member of PATCO. Otherwise, he/she will continue to be covered by this Agreement, and be represented by PATCO. Dues deductions (service fee or fair share) from non-members of the bargaining unit will be determined in accordance with Federal and State Labor Law.

Section 2. Dues Deductions. After receiving an employee's signed authorization form, Company shall deduct from the employee's pay each month, the regular membership dues, as fixed by PATCO. The amount of the regular membership dues for the employees shall be certified in writing by PATCO.

Section 3. Dues Remittance. Company shall send the names with the amounts deducted for monthly dues at the end of the following month.

Section 4. New Hires. Within fifteen (15) days from the date of their completing their probationary period, Company shall notify PATCO, in writing, of the name and job classification of any new employees hired at the bargaining unit covered by this Agreement.

Section 5. Employees Information. Company shall, upon request, but not more often than annually, provide an updated bargaining unit list including names, addresses and positions of union members.

ARTICLE 5. DIGNITY AND RESPECT

Section 1. Dignity and Respect. All parties (Union, Company and Employees) shall be treated with dignity and respect at all times. Company and its Supervisor at the worksite shall be considerate of all legitimate problems arising and brought forth by employees.

Section 2. No Discrimination. There shall be no discrimination by any party (Union, Company and

Employees), which violates any local, state, or federal law, including, but not limited to, discrimination based on race, color, creed, sex, pregnancy, sexual orientation, national origin, religion, age, handicap, or membership in, or activities on behalf of the Union.

ARTICLE 6. EMPLOYEE RIGHTS

Section 1. Employees covered by this Agreement shall have the protection of all of the rights to which they are entitled by the Constitution of the United States, the Constitution of the State of employment and any rules, regulations or policies of the Company not altered or amended by this Agreement. Rules, regulations, resolutions, or policies affecting employee’s wages, hours, and terms and conditions of employment will not be changed without prior negotiations unless such changes are consistent with this Agreement; or, such changes are consistent with NGB policies, practices, rulings or decisions; and, in particular Employer Rights identified in Article 3.

Section 2. In any investigatory interview conducted by a representative of Employer, an employee shall be entitled to Union representation.

Section 3. An employee is entitled to Union representation in any meeting with Employer or its representative in which the employee believes may lead to disciplinary action.

Section 4. An employee's off-the-job conduct shall not result in disciplinary action unless the conduct is damaging or detrimental to the employer or is unlawful.

Section 5. No employee shall have disciplinary action taken against him/her because of a debt complaint. Company shall not assist a creator in collecting any debt unless required by court order or

5 | P a g e applicable law.

Section 6. Employee participation in charitable drives is voluntary, and no pressure shall be used to require such participation.

Section 7. No employee shall have disciplinary action taken against him/her based on anonymous sources. Employer has the right to investigate the information provided by the anonymous source and proceed accordingly.

Section 8. A copy of the job description for a Weather Observer shall be posted at the worksite.

Consistent with applicable law, changes to the job description that would significantly impact the employee's terms and conditions of employment may be bargained. An employee assigned duties which are not reasonably related to his job description, or for which the employee has not had training, will not be negatively evaluated for the performance of such duties.

Section 9. Nepotism policies, if any, shall be uniformly administered throughout the bargaining unit.

Section 10. Employees temporarily assigned for more than thirty (30) working days to a higher vacant position shall be compensated at the rate of 5% higher than their current rate but not more than the current rate established for the higher position.

Section 11. Company will pay for or reimburse for all Company directed mandatory training and education that takes place at a location other than at the worksite covered by this Agreement. Employees requiring additional training due to unacceptable job performance or leaves of absences will not be paid for or reimbursed for any such training.

ARTICLE 7. UNION RIGHTS

Section 1. Union representative and/or their designees shall be allowed to the worksite for the purpose of enforcing this Agreement with 24-hour prior notice to Company.

Section 2. The Union Steward will, under normal circumstances and providing it does not cause Company to have to pay overtime, be granted leave without pay for his/her attendance at regularly scheduled Union seminars and conventions. If the Union desires, Company will provide administrative leave to the Union Steward and the Union will reimburse Company for the all costs incurred by Company as a result of providing administrative leave. Leave granted under this paragraph will not exceed ten (10) days per contracted year.

Section 3. The Union Steward shall be granted four (4) hours of unpaid leave per month to conduct

Union business.

ARTICLE 8. HEALTH AND SAFETY

Section 1. General. Company shall comply with all applicable federal, state, and local guidelines and regulations which call for providing safe and healthy working conditions and work site for employees, and to make its best efforts to immediately rectify any unsafe condition brought to its attention by the employees.

ARTICLE 9. HOURS AND SCHEDULING

Section 1. Standard Work Week. The standard workweek shall be defined as forty (40) hours per week, during a seven (7) day period starting Saturday and ending Friday.

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Section 2. Overtime. Time and one-half (1 1/2x) of the employees regular straight time hourly rate of pay will be paid for all hours worked by any employee in excess of forty (40) hours during any work week.

Section 3. Scheduling. Supervisor shall prepare and post a monthly schedule no less than three (3) days prior to the scheduling period. The schedule shall be in accordance with Company’s NGB approved staffing plan. Thereafter, all changes to employee's schedule shall only be made by mutual agreement, emergency situations excepted. With the exception of the Supervisor’s schedule that is chosen by Employer regardless of seniority, seniority of full-time employees will always override seniority of part-time employees, and seniority of part-time employees will always override seniority of relief employees.

Section 4. Reduction in Hours. Any involuntary reduction in daily or weekly hours, or any general reduction in the work force shall be made in accordance with the seniority and layoff procedures described elsewhere in this Agreement.

Section 5. Training. Training days for new employees shall be determined by Employer.

ARTICLE 10. JOB SECURITY

Section 1. Seniority. Seniority shall be defined as the length of an employee's whole span of continuous service with the present Company, and/or its predecessor contractors in the performance of similar work at the same work-site. Company agrees that the principle of seniority shall prevail for overtime distribution, vacation selection, layoff and recall insofar as it does not conflict with other Articles of this Agreement. Supervisor’s schedule is always the exception to seniority.

Section 2. Loss of Seniority. Seniority shall be terminated when an employee:

a) Terminates employment.

b) Is discharged for just cause.

c) Fails to report for work when recalled from layoff (within one week after receipt of a certified notice to return to work.)

d) Is on layoff for over one year.

e) Overstays a leave of absence or vacation without out written notice to and approval by Company.

f) Transfers to a job outside of this bargaining unit.

Section 3. Layoff Provisions.

Part A. Layoff Avoidance. Company and PATCO agree that all practicable steps shall be taken to avoid layoff or reduction in hours of existing employees and job classifications, including but not limited to, application of seniority rights, advance notification of potential layoff or reduction in hours, altering shifts and hours, sharing shifts and hours.

Part B. Notice of Layoff. In the event that a layoff or reduction in hours is necessary due to a lack of work (or for any other reason), Company shall inform PATCO and the bargaining unit employees in writing as soon as practicable, and at least two (2) weeks after being notified by the Employer's Contracting Officer.

Part C. Preference. When a layoff or reduction in hours or similar measures are necessary, those employees with the least seniority in the job classification effected shall be laid off first in order of their seniority with the exception of the Supervisor and the provisions in Article 9, Section 3.

Section 4. No New Hires. There shall be no new hires performing bargaining unit work during any

7 | P a g e periods of layoff. Furthermore, Company agrees that it shall not increase the number of employees at any station for the purpose of reducing current existing employees hours and/or benefits, until all laid off personnel are offered return employment.

ARTICLE 11. DISCHARGE AND DISCIPLINE

Section 1. Just Cause. The following occurrences are grounds for termination without the necessity of the procedures outlined in this Article 11 and Article 12.

a) Violation of NGB security procedures.

b) Overstaying a leave of absence or vacation without written notice to and approval by Company.

c) Sleeping while on duty.

d) Being late for duty without notifying the worksite more than two (2) times in any one year.

e) Two (2) or more violations of the Quality Control Plan in a 12 month period.

f) Providing any proprietary contract information without the express written consent of Company.

g) Performing activities whether written, oral or otherwise communicated that would in any way violate or jeopardize Company's contract with the NGB.

h) Being intoxicated while on duty.

Section 2. Discharge. No employee shall be discharged or disciplined in any manner except just cause.

The determination of discharge or discipline shall be subject to the grievance procedure outlined in Article 12 of this Agreement. Company agrees to abide by the principle of "Progressive Discipline" but retains the right, subject to the provisions of Article 3, to determine the appropriate level of discipline.

Section 3. Conference. Before scheduling any conference or meeting with an employee where the purpose of such meeting may be to investigate the possibility of imposing discipline, the employer shall endeavor to first notify the employee in writing at least forty-eight (48) hours prior to any such meeting;

however, Company reserves the right to immediately counsel or suspend any employee for an egregious violation of rules or safety procedures

Section 4. Personnel Files. Employees shall have the right to inspect, but no more than twice per calendar year, their personnel files. For personnel files kept in the headquarters office, the employee shall make a request in writing for the information in specific or in general to be viewed. Company shall have a two

(2) week period in order to duplicate and forward this material to the employee at the employee's expense.

The employee shall be notified of any notices or information regarding disciplinary action or job performance placed in their file, and the employee shall be permitted to write a letter or response that shall also be placed in the file. Information of a complimentary nature regarding an employee shall also be placed in their personnel file.

Section 5. Timely Write-ups. All formal disciplinary notices, including verbal warnings, shall be reduced to writing. Written disciplinary notices given to employees shall be issued within fourteen (14) working days of Company becoming aware of occurrence of the incident or from the date the employee should have been reasonably aware of the incident. Disciplinary notices not in writing or issued to employees outside of the fourteen (14) day time frame shall be null and void and shall have no effect. Employees shall sign and receive a copy of all disciplinary notices. It shall be understood that their signature shall not be construed as an admission of guilt, but only as acknowledgment of receipt of the notice. Such time limits may be extended if additional material necessary to evaluate any potential disciplinary action is still outstanding past the fourteen

(14) day time period, however such extensions shall only be by mutual agreement between the company and the Union. As used throughout this Agreement, the term "working days" shall be understood to exclude weekends and holidays.

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Section 6. Cleaning the Files. Disciplinary notices or warning notices shall remain in an employee's file for twenty-four (24) months from the date of issue. If no additional notices for similar violations are received in that matter for twenty-four (24) months, these notices shall have no effect, and shall be removed from the employee's file.

Section 7. Polygraph Tests. Employees shall not be required to take polygraph tests, and the results of any test alone (if taken voluntarily) shall not be used to verify or substantiate disciplinary action, except as insofar as other substantiated and verifiable evidence accompanies them.

Section 8. Substance Test. Employees are subject to random drug test at the election of Company. If an employee is found to legitimately have a substance or alcohol abuse problem which effects their work or aspects of on the job safety, such an employee shall first be offered the opportunity to seek counseling or treatment for their problems prior to the imposition of formal discipline, it being the joint desire of both the Union and Company to assist employees in obtaining treatment and recovery of illnesses. Said treatment will be at the employee's expense. If the employee refuses treatment, that is grounds for immediate dismissal. If another occurrence of a drug abuse problem occurs after treatment that shall constitute grounds for immediate dismissal. Drug abuse is not subject to the grievance procedure outlined in Article 12. Mandatory drug testing shall be required following any on the job injury or accident.

ARTICLE 12. SETTLING DISPUTES AND GRIEVANCES

Section 1. Right to File. When an employee or group of employees think they have been unfairly or improperly treated, or that the Agreement or other Company policies have been violated, they shall have the right to file grievances without fear of intimidation, coercion, or reprisals of any kind. Said grievances must specifically point out the violation, and offer proof of said violation so as to have merit and to prevent employees from filing frivolous grievances.

Section 2. Timely Filing. The grievance must be filed within fourteen (14) working days of the date of the occurrence of the alleged incident, or from the date the employee should have been reasonably aware of the incident. Grievances filed outside of the fourteen (14) day time frame shall not be considered.

Section 3. Steps of the Grievance Procedure. Disputes between employees, the Union and Company relating to the application and/or interpretation of this Agreement, Company policies and procedures or other matters of employment law shall be considered as legitimate matters for grievances and shall be settled in the manner ascribed below:

STEP 1. Informal Discussion. The aggrieved employee and the worksite supervisor shall first discuss the grievance. The employee has the right (if so requested) to have his/her Union Steward present at the informal discussion. The meeting shall be held at a time mutually convenient to both parties, and shall be held within five (5) working days of receipt of the request. The Supervisor shall render a written decision to the employee (with a copy to the Union Steward) as soon as possible, and in no event later than five (5) working days after the meeting. Every reasonable effort shall be made to resolve the grievance at this step. Such discussion may occur telephonically or at the worksite depending on the situation of the grievance and the ability to find resolution.

STEP 2. Written Grievance and Formal Conference. If the grievance is not satisfactorily resolved in STEP 1, the aggrieved employee may within fourteen (14) working days of receipt of the Supervisor's STEP 1 response, submit his/her grievance in writing with all supporting evidence, to Company's Personnel Director. A formal conference on the grievance shall be held within fourteen

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(14) working days of receipt of the request between the employee, the Union Steward, and /or Union Representative and the Personnel Director. The conference may be held telephonically. The Personnel Director shall render his decision in writing to the employee, with a copy to the Union Steward, within five (5) working days after the formal conference.

Section 4. Time Bar. If Company does not respond to a grievance within the time frames described, the remedy requested by the grievant shall be automatically granted. If the employee and PATCO do not proceed within the time frames described, the grievance shall be considered resolved. The time limits described above for processing or rendering of decisions at each step of the grievance procedure may only be waived by mutual agreement.

Section 5. Appeal to Arbitration. Within fourteen (14) working days of the receipt of Company's response in STEP 2, the Union may appeal the grievance to arbitration by writing for a panel of seven (7) arbitrators to be furnished by The Federal Mediation and Conciliation Service, with a copy of such letter to the other party. Within seven (7) working days of receipt of the panel of arbitrators, the parties shall contact each other and alternately strike names, with the last name remaining being chosen as the arbitrator. The parties shall then contact by certified mail (return receipt requested) the chosen arbitrator who shall then be responsible in contacting the parties for the purpose of arranging a mutually agreeable date for conducting a hearing. In no event shall the hearing take place more than sixty (60) days after the arbitrator's notification of their selection. This hearing may take place telephonically.

Section 6. Arbitration Binding. The arbitrator's decision shall be final and binding on all parties and shall be rendered in writing to the parties within thirty (30) days after completion of the hearing. If the decision is in favor of Company and the grievance met the test of dismissal as spelled out in this Agreement, Company reserves the right to proceed with the dismissal of the aggrieved employee if it so elects.

Section 7. Arbitration Costs. The fees and expenses of the arbitrator and the arbitration room shall be divided equally between Company and Union. Each party shall bear its own expense in presenting its case to the arbitrator. The minutes of the hearing may be recorded by tape recorder or by a qualified court reporter if so requested by either party. The party requesting that the minutes be recorded shall pay the cost of the recording or of said reporter. If either party desires a copy of the minutes so recorded, he/she shall purchase it at his own expense.

ARTICLE 13. PROBATION

Section 1. Definition. Any persons newly employed shall be so employed up to one hundred and eighty (180) consecutive calendar days on a probationary period, during which she/he may be discharged by Company without further recourse and neither she/he nor the Union shall have the right to use the grievance procedure provided herein until such time that the employee completes his/her probationary period. After one hundred and eighty (180) days, the employee shall be placed on the regular seniority list.

Section 2. Credits Upon Completion. An employee who completes his/her probation immediately enjoys all rights and benefits of this Agreement, and receives seniority and other credits retroactive to the original date of hire.

ARTICLE 14. PAY DAY

Section 1. Date and Time. Company shall make direct deposits for all employees on a biweekly basis. If economic cash flow becomes a problem the employer may request that this Article and Section immediately be

10 | P a g e re-opened and PATCO will honor that request.

Section 2. Vacation Checks. Vacation direct deposits will be made under the normal procedures and shall be included with an employee's regular pay, and shall not be held until an employee returns from vacation. Company retains the right to "pay out" vacation pay in full or in part when an employee attains each additional year of seniority at the rate of pay at which it was earned or at the end of each the contract year.

ARTICLE 15. LEAVES OF ABSENCE

Section 1. Personal Leave. Unpaid personal leaves of absence may be granted for any reason mutually agreed upon between the employee and Company and shall normally be granted for a period not exceeding thirty (30) days, on approval of the appropriate Supervisor or Manager of Company. Such personal leaves of absence may be renewed upon proper written request by the employee and at the sole discretion of Company. Approved extensions may be granted for any time frame mutually agreed upon between the employee and Company, but shall not be granted for a period in excess of one (1) year.

Seniority shall not accrue during a personal leave, but all previously accrued seniority shall be retained by the employee upon proper return from leave.

Section 2. Medical Leave. For personal illness or injury, illness or injury of an approved dependent or pregnancy on the part of an employee or their spouse, unpaid leaves of absence shall be granted for a period of up to thirty (30) days when accompanied by a doctor's certificate. Such medical leave shall be renewed upon proper written request by the employee when such request is accompanied by a doctor's certificate specifying the necessity for such an extension. Request for extensions which are not accompanied by a doctor's certificate may be granted, but at the sole discretion of Company. Seniority shall be maintained and shall continue to accrue during an approved leave of this type for up to six (6) months.

Section 3. On-the-Job Injury. Leaves of absence shall be granted for documented on-the-job injuries for the duration of the injury or until doctor’s release to return to duty. Company may request the medical advice of a second opinion. Compensation during such leaves of absence shall be covered under the appropriate Workers Compensation laws and compensation will be disbursed accordingly. Seniority shall be maintained and shall continue to accrue for the full extent of the leave.

Section 4. Return from Leave Status. Employees returning from approved leaves of absence of any kind shall be returned to their previous job classification, scheduled hours and shift upon notification to Company of their expected date of return. Employees hired by Company to replace any employee on an approved leave of absence shall be notified of their temporary status and the return to work rights of the employee they are replacing. If the employee's leave of absence is of such long duration that the employee's certifications have expired, it is up to the employee tore-qualify at his/her expense. An employee failing to return from a leave of absence as approved shall forfeit all rights to their job or seniority.

Section 5. Military Duty. Company shall comply with all federal laws governing the active duty status of any of its employees. Company is responsible for investigating and notifying the affected employees of the proper procedure for leaves of absence in case of a call to active duty in the Armed Forces of the United States of America.

ARTICLE 16. HEALTH AND WELFARE

Section 1. Health and Welfare Benefit. Health and Welfare Benefits will be calculated on all hours paid excluding overtime up to a maximum of 2080/hrs per calendar year. All employees, full and part-time, shall receive equivalent amounts of Health and Welfare benefit contributions per hours worked.

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Section 2. Health and Welfare Benefit Contribution. Company shall pay Health and Welfare dollars will be paid by cash unless Government mandates and law require the company offered bona fide benefits to the employee. In which case, Health and Welfare funds may be used for bona fide fringe benefit plans offered by the company. Any remaining Health and Welfare dollars will be paid by cash.

Section 1. Health and Welfare Benefits. Company shall pay an hourly contribution as fixed in Appendix A of this Agreement to the employees as a Health and Welfare Benefit. This money shall be paid to the employee as salary. The hourly contribution shall be paid on all hours paid to a maximum of 2080 hours per year.

Section 2. Part-time and Relief Employee(s). All employees shall receive equivalent amounts of Health and Welfare benefit contributions for hours worked.

ARTICLE 17. BEREAVEMENT LEAVE

Section 1. An employee, during the periods of stress caused by the death of an employee's wife or husband, mother, father or child shall be allowed time off with pay for all reasonable and necessary time up to and including five (5) consecutive working days.

ARTICLE 18. COURT DUTY

Section 1. Jury Duty. An employee shall be allowed the necessary time off with pay for jury duty upon presentation of lawful notification, in accordance with applicable law.

Section 2. Witness Duty. Supervisor shall allow an employee the necessary time off with pay to appear as a witness, upon seeing a subpoena or directive from lawful authority; provided this shall not include any appearance in court as a result of alleged violation of law by the employee, or involving litigation in which the employee is a principal. Where the court appearance is required as a result of alleged violation of law by the employee, or involving litigation in which the employee is a principal, vacation leave or a leave of absence without pay may be approved by Company for such purpose.

ARTICLE 19. HOLIDAYS AND PAID LEAVE POLICY

Section 1. Holidays. The following eleven (11) days shall be considered paid holidays.

New Year’s Day Martin Luther King Birthday Washington’s Birthday Good Friday Memorial Day July 4th Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Section 2. Personal Days. There shall be seven (7) personal days per year available for use by the employee with no reason given. Such days may be sold back as per vacation days. Relief employees shall be excluded. These shall be paid on a pro rata basis.

Section 3. Eligibility. All full-time and part-time employees shall be eligible to receive holiday pay for each holiday listed in Section 1 of this Article. Eligible employees shall be paid on a pro rata basis calculated on

12 | P a g e the number of hours worked during the week prior to the week in which the holiday falls.

Section 4. Worked Holidays. All employees required to work on a recognized holiday shall be paid the amount provided for in Section 3 of this Article in addition to their regular earnings for that day.

ARTICLE 20. VACATION

Section 1. Vacation Eligibility. Employees shall become eligible for paid vacation after one year of service. Upon reaching their anniversary date, the amount of vacation time shall be determined as follows:

After one year of service eighty (80) hours, after five (5) years of service one hundred twenty (120) hours, and after 10 years ten years of service one hundred sixty (160) hours. Vacation pay shall be paid at the employee's straight time rate and shall be calculated on a pro rata basis based on the number of hours worked during the employee’s anniversary year prior to the anniversary date.

Section 2. Vacation Schedule. Employees may take vacation at any time during the contract year, subject to the approval of Company. In the event that more employees request vacation for the same period of time than can be released senior employees will be given first choice for vacation times up to March 30th of the then current year. After April1st of the then current year at no time can a senior employee request vacation dates or change his vacation dates in such a manner that an already approved junior person's vacation dates have to be changed. Vacations may not normally be scheduled for periods of less than three

(3) days at a time, unless specifically approved by Company, or as a result of the implementation of Article 20, Section 4 below.

Section 3. Selling Back. When eligible for vacation, Company and Union agree that an employee with

15 days prior written notification to the Company, may be able to "sell" back vacation days to Company, but may not be able to do so for more than forty (40) hours in a pay period. Only one employee may elect to use this procedure during any one pay period. Other than the aforementioned guidelines, once accumulated, the employee shall be able to "sell back" vacation days at the rate at which they were earned.

Section 4. Single Day Vacation. With prior Company approval and advance written notice of no less than one (1) week, eligible employees may take as little as one day of paid vacation time.

Section 5. Unused Vacation Distribution. At the end of each contract year the Company will pay out any remaining vacation balance.

ARTICLE 21. NO STRIKE

Section 1. No Strike/Lockout. Company and Union agree that there shall neither be a strike nor a lockout during the term of this Agreement. In addition, there shall be no walkout, picketing, concerted refusal to report to work, slowdown, or any interruption of work by the Union or any employee during the term of this Agreement.

ARTICLE 22. WAGE SCALES AND COMPENSATION

Section 1. Wage Scales. Providing that the NGB agrees to pay and/or does not determine that the rates are at variance in accordance with Section 4.1b, Part 4, Title 29 Volume 1 of the Code of Federal Regulations, all employees shall receive the wage scales and raises on the time line described in Appendix A of this Agreement.

Section 2. Sunday Shift Differential. All employees working on Sundays shall receive an additional

13 | P a g e premium shift differential for such hours worked in the amount of twenty-five percent (25%) of their regular hourly wage.

Section 3. Night Shift Differential. All employees working on the night shift between the hours of

6:00 PM and 6:00 AM shall receive an additional premium shift differential for such hours worked in the amount of ten percent (10%) of their regular hourly wage.

Section 4. No Pyramiding. There shall be no pyramiding of benefits, but the employee shall enjoy the most favorable calculation for which they are eligible for their work. Where overtime is applicable on hours for which a differential is paid, both shall be paid.

ARTICLE 23. SUCCESSOR CLAUSE

Section 1. Successorship and Right of First Refusal. In the event Company shall by merger, consolidation, sale of assets, lease, franchise, or by any other means enter into an agreement with another party or individual which in whole or in part affects the existing appropriate collective bargaining unit, then such successor, party, individual, or assign shall be bound by this Agreement. In such an event, the successor company shall hire first all the current employees within the bargaining unit for any work similar to that performed at the work site, and they will be hired before any others are hired for positions similar to that in the bargaining unit. Furthermore, the current employees shall be hired by the successor contractor with no loss of wages, seniority, or any other benefits provided for in this Agreement. Company shall have an affirmative duty to call this provision of the Agreement to the attention of any such party or individual with which it seeks to make such an agreement as aforementioned or to such company as may win a bid to provide weather observations from this worksite when requested.

ARTICLE 24. NO SUBCONTRACTING

Section 1. No Subcontracting. Company will not subcontract work regularly done by bargaining unit members. No employee will be required to act as a subcontractor.

Section 2. Employee Leasing. Company shall have the right to hire the employees through an Employee Leasing Company.

ARTICLE 25. SEPARABILITY

Section 1. Separability. In the event that any of the provisions of this Agreement shall be held in violation of any state or federal law or regulation, such determination shall not in any way affect the remaining provisions of this Agreement and such offending provision or provisions shall immediately be suspended.

ARTICLE 26. MASTER AGREEMENT/VOLUNTARY RECOGNITION

Section l. Master Agreement. Company agrees that this Agreement i s a Master Agreement and that recognition of future bargaining units shall automatically be covered by this Agreement with the exception of the wage rates and Health and Welfare rated in Appendix A. Negotiations of wages and Health and Welfare rates shall begin within ninety (90) days of recognition.

Section 2. Company agrees to voluntarily recognize future bargaining units following notification in writing of a majority of interest of employees of that worksite.

ARTICLE 27. DURATION

Section 1. Health and Welfare Benefit. Health and Welfare Benefits will be calculated on all hours paid excluding overtime up to a maximum of 2080/hrs per calendar year. All employees, full and part-time, shall receive equivalent amounts of Health...