A07_ATTACH_7_CBA.pdf

AGREEMENT

by and between

Caelum Research Corporation and Jacobs Technology Inc.

and

District Lodge 1, Local 2424

International Association of Machinist and Aerospace Workers, AFL-CIO

January 1, 2016 to December 31, 2018 i

TABLE OF CONTENTS

ARTICLE I: Recognition

ARTICLE II: Union Membership

ARTICLE III: Non-Discrimination

ARTICLE IV: Management Rights

ARTICLE V: Shop Stewards

ARTICLE VI: Alteration of Agreement/Savings Clause

ARTICLE VII: Grievance Procedure-Arbitration

ARTICLE VIII: Seniority

ARTICLE IX: Job Classifications and Hourly Wage Rates

ARTICLE X: Hours of Work

ARTICLE XI: Overtime and TDY

ARTICLE XII: Holidays and Personal Leave Plan

ARTICLE XIII: Other Leaves

ARTICLE XIV: Benefits

ARTICLE XV: Safety and Health

ARTICLE XVI: Discipline and Discharge

ARTICLE XVII: “No Strike/No Lockout”

ARTICLE XVII: Successor and Assigns

ARTICLE XVIII: Duration

APPENDIX A – Salary, Health and Welfare Fringe, Shift Differential Pay Table

AGREEMENT

This Agreement is made and entered into as of January 1, 2016, by and between Caelum

Research Corporation and Jacobs Technology Inc. operating under contract number

W91CRB-15-C-0005 and any successor contract, hereinafter collectively referred to as the

“Data Collection Support Services (DCSS) COMPANIES” and International Association of Machinist and Aerospace Workers, AFL-CIO, District Lodge 1, Local Lodge 2424, hereinafter called the "Union." The terms or conditions or covenants contained herein represent the complete agreement between the DCSS COMPANIES and the Union and replaces all other agreements and practices.

ARTICLE I: Recognition

As a result of a secret ballot election conducted by the National Labor Relations Board

(NLRB) and the NLRB certification in Board Case Number 5-RC-14481 dated June 13, 1997, the DCSS COMPANIES recognizes the Union as the sole bargaining agent of all regular full-time and regular part-time non-supervisory employees on contract number

W91CRB-15-C-0005 whose primary duties are the collection and recordation into computers and structured data sheets (but does not include any analysis) of data developed during developmental testing of military automotive, electronic, general equipment and ordnance material; such employees are generally referred to as Data Collectors (previously referred to as General Clerks and Engineering Technicians) employed by the DCSS

COMPANIES at its Aberdeen Proving Ground, Maryland facility (hereinafter referred to as “employee”) with respect to wages and rates of pay, hours and other conditions of employment of such employees.

ARTICLE II: Union Membership

All employees covered under the Collective Bargaining Agreement shall become dues paying members of the Union on the 30th day of their employment and must remain a member in good standing for the entire time of their employment. The Employer further agrees to discharge any employee who fails to comply with the Union’s security provision within five (5) days of receipt of a written request to that effect from the Union. The Union agrees to release and hold DCSS COMPANIES harmless from any and all claims brought against it as a result of the termination of an employee at the Union’s request pursuant to this Article.

During the life of this Agreement pursuant to the terms of the form of Authorization of

Check Off of Dues provided to the DCSS COMPANIES by the Union, the DCSS

COMPANIES agrees to deduct union fees or dues authorized by the employee. The amounts collected hereunder by the DCSS COMPANIES will be sent to the Union by US

Mail, the second week of each month in which the fees and dues are collected. The DCSS

COMPANIES will deduct current fees and dues pursuant to the authorization for 26 equal payments annually. Deductions provided shall be remitted, with the roster of employees with deductions to the Financial Secretary of the Union and shall include all deductions made in the previous month. Employee’s Union payments are subordinated to all other required (federal, state, court-ordered, medical, dental, pension) deductions. If sufficient money is not available from the individual employee, the DCSS COMPANIES are not responsible for the collection and submission of that employee’s payment to the Union. In this case, the Union will collect its dues directly from the individual concerned.

Machinists Non-Partisan Political League (MNPL) - DCSS COMPANIES will deduct

MNPL contributions pursuant to the employee-authorized amount for each month with equal deductions from the pay of employees for the first two paychecks in each calendar month. Deductions shall be remitted with the roster of employees and amount of employee contribution to the Financial Secretary of the Union no later than the tenth (10th) day of the month following the month in which the deduction was made and shall include all deductions made in the previous month. Employee’s MNPF contributions are subordinated to all other required (federal, state, court-ordered, medical, dental, pension) deductions.

Temporary Work Force Employees – In circumstances when the DCSS COMPANIES deems the need to utilize temporary employees for a specific project, those temporary employees will pay Union Dues for the entire time period they are employed for that specific project. The DCSS COMPANIES will inform the Union when the use of these temporary employees is planned prior to their being hired for the temporary work assignment. The DCSS COMPANIES will inform the Union of the expected start and end date of the temporary employees. In the event that the duration of the temporary work assignment will be extended, the DCSS COMPANIES will notify the Union.

In such cases where temporary employees work for six (6) months continuously such employees will be eligible for benefits. Additionally, the DCSS COMPANIES will back date employees PLP accrual rates to original hire date.

ARTICLE III: Non-Discrimination

It is continued policy of the DCSS COMPANIES and the Union that the provisions of this

Agreement shall be applied to all employees without regard to sex, race, color, religious creed, national origin, or where prohibited by law, age or disability. Where the term “His" or "Him” or any other designation of male or female is used in this Agreement, it is understood that wherever provisions shall require it, the designation shall apply to both sexes.

There shall be no discrimination against any employee by either of the parties to this

Agreement because of the membership or non-membership of any employee in the Union.

The provisions contained in this section shall in no way restrict the rights of the parties to enforce this Agreement.

ARTICLE IV: Management Rights

The usual rights of management of the DCSS COMPANIES shall be vested exclusively in the management, including but not limited to the following:

the direction of its personnel, including, but not limited to, the rights, authorities and prerogatives of management, such as the right to hire, evaluate, transfer, promote, demote, suspend schedule, layoff, discipline or discharge employees to make work assignments related to work and overtime to administer training to maintain discipline, order and efficiency on the property to establish, determine and enforce reasonable standards of production to make and enforce reasonable work rules to introduce new methods, material, equipment or facilities, or change or eliminate existing methods, materials, equipment or facilities to determine the classification of employees and the positions included in the bargaining unit with proper notification to and bargaining with the Union, if requested by either party to select those employees to be promoted to supervisory positions to establish and require methods by which employees perform the work assigned to them.

Furthermore, it is understood that DCSS COMPANIES rights of management are limited only insofar as the language of this Agreement and applicable laws expressly limits them.

The DCSS COMPANIES agree that in the exercise of the rights reserved to the DCSS

COMPANIES under this Management Rights provision, the DCSS COMPANIES shall not violate any specific provision of this Agreement.

ARTICLE V: Shop Stewards

Section 1. Activities

The Union shall have the right to have one employee serve as its Chief Shop Steward, two additional employees as Shop Stewards and three employees to serve as Alternate Shop

Stewards. Upon execution of this Agreement, the Union shall promptly furnish the DCSS

COMPANIES, in writing, the names of the Shop Stewards. Thereafter, the Union shall promptly advise the DCSS COMPANIES, in writing, of any change in Stewards. No

Steward will be recognized as such by the DCSS COMPANIES prior to receipt of written notice of appointment.

The DCSS COMPANIES will pay up to a maximum of twenty (20) hours in wages per week for time spent administering the collective bargaining agreement (“CBA”). It is understood that this time will be limited to activities outlined within Article V, Section 1 of the CBA. The Union business representative will identify a designee who may authorize utilization of time against this allocation. Employees must obtain permission from both the Union designee and the Program Manager or DCSS designee prior to utilizing time against this allocation. It is further understood that time associated with Union business beyond the allocation of twenty (20) hours shall not be the burden of the DCSS

COMPANIES.

The scope of the Steward's activities on DCSS COMPANIES’ time shall be limited to the following:

a. To consult with an employee regarding the presentation of a request or clarification concerning this Agreement or a grievance.

b. To investigate a grievance of record before presentation to the appropriate manager.

c. To present a request concerning the Agreement or grievance to an employee's immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d. To meet by appointment with an appropriate DCSS Supervisor or other designated representative of the DCSS COMPANIES, when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

e. Shop Steward (or designee) will be given 15 minutes at the conclusion of new hire orientation to address new union employees.

f. Each new bargaining unit employee shall be introduced to the Shop Steward by the

Field Leader or Supervisor in the activity to which such employee will be permanently assigned within five (5) workdays.

Section 2. Notification

The Shop Steward shall secure permission of his/her supervisor or manager before leaving his/her work site and will report back to his/her supervisor or manager upon return to his/her work site. The DCSS COMPANIES will not unreasonably deny or delay access to the Steward. Permission will be granted unless operational activities are affected.

Section 3. Reimbursement

It is agreed that the DCSS COMPANIES shall not be required to pay an employee for any time that is taken away from his/her work to serve the Union in any official capacity or to serve on any Union Committee, except as provided in the Agreement.

Section 4. Representative Visitation

The accredited full time representatives of the Union shall have access to areas of the DCSS work sites where employees in the bargaining unit are assigned, to the extent Government or customer regulations permit. Such visits shall be during normal duty hours to visit the

DCSS COMPANIES’ duly designated representative for the purposes of investigating grievances or other legitimate business concerning labor relations matters. Adequate provisions will be made for prompt access through the gate and for private conversations with Union members.

Section 5. Representative Regulations

While on DCSS COMPANIES’ premises, such Union representatives shall be governed by all applicable security, safety, and site rules and regulations and shall be accompanied by either the Program Manager or the DCSS COMPANIES’ duly designated representative.

ARTICLE VI: Alteration of Agreement/Savings Clause

Section 1.

No Agreement, alteration, understanding, variation, waiver or modification of any of the terms, conditions or covenants contained herein shall be made by an employee or group of employees with the DCSS COMPANIES, and in no case shall any such agreement be binding upon the parties hereto unless such agreement is made and executed in writing between the parties hereto.

Section 2.

In the event either party fails to act upon a breach of a provision or condition of the

Agreement, such shall not be considered a waiver of any term, condition or provision of this Agreement but either party shall be permitted to claim that a past practice has been established as to the interpretation of this Agreement.

Section 3.

If any provision of this Agreement shall be declared legally invalid, such invalidity shall not impair the validity or enforceability of the remaining provisions of the Agreement and the parties shall meet within thirty (30) calendar days and attempt to negotiate only a provision to replace the invalid provision.

ARTICLE VII: Grievance Procedure-Arbitration

Section 1. Disciplinary Action

In all cases of disciplinary action, such action shall be taken once the DCSS COMPANIES is aware of the infraction and after the DCSS COMPANIES has conducted an investigation.

Section 2. Employee's Responsibility

Any employee feeling he or she has been aggrieved by a violation of any of the specific terms of this Agreement must meet with his or her Supervisor. Both parties will make every effort to resolve the issue at this level. The employee may have his or her Steward present if desired.

Section 3. Definition and Limitation

For the purposes of this Agreement, the term "grievance" means any dispute between the

DCSS COMPANIES and the Union; or between the DCSS COMPANIES and any employee concerning the effect, interpretation, application, claim, or breach or violation of this Agreement.

In the event a grievant fails to present his/her grievance to the DCSS COMPANIES within five (5) workdays after becoming aware of said grievance, then and in that event, the grievance shall be considered as having been settled and no further action can be taken thereon.

Section 4. Grievance Procedure The DCSS COMPANIES desire that unfairness to its employees shall not exist and all grievances shall be settled, whenever possible, with the immediate Supervisor involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any grievance that an employee or the Union may have with the DCSS COMPANIES with respect to wages, hours, or other conditions of employment shall be discussed by the employee with such employee's immediate

Supervisor in an attempt to settle the matter. The Union Steward may be present at the time of this initial discussion in keeping with the election of the employee. The immediate

Supervisor shall have a verbal answer immediately, if possible, but in no event later than five (5) working days after the discussion. If the verbal answer does not settle the matter, then the employee and/or the Steward may proceed with the matter as follows:

Step 1:

Any employee who believes he or she has a just grievance shall submit in writing the grievance to his/her immediate supervisor in an attempt to settle the same, within seven

(7) working days of the time the employee has knowledge of, or has reason to have knowledge of, the occurrence in question. The employee’s manager shall discuss the grievance and the Union steward will be present if requested by the employee. The manager shall respond in writing to the written grievance within seven (7) working days after such discussion.

Step 2:

If the grievance is not satisfactorily resolved in Step 1, it must be presented in writing to the Program Manager within five (5) working days of the receipt of the answer in

Step 1 above if the employee wishes to process the grievance further. Within five (5) working days of the receipt of the written grievance, the Program Manager will render a decision in writing and present a copy to the Union.

Step 3:

If the grievance is not satisfactorily resolved in Step 2, and if the Union desires to process the grievance further, the Union must so advise the DCSS COMPANIES designated corporate official in writing by Certified Mail within ten (10) working days of such notice. The Business Representative of the Union and a representative of the

DCSS COMPANIES shall meet within ten (10) days of the receipt of the notice from the Union and attempt to resolve the grievance. The DCSS COMPANIES will render a decision and record the answer in writing within ten (10) calendar days from the date of such meeting with the Business Representative of the Union by communicating its answer in writing by Certified Mail to the Union Business Representative. The DCSS

COMPANIES grievances will be processed commencing at Step 3 with the DCSS

COMPANIES sending the Union a copy of the grievance within ten (10) days of the incident. The Union shall give its answer to the DCSS COMPANIES in writing, via

Certified Mail, within ten (10) days of receipt of the DCSS COMPANIES’ Grievance and, thereafter, if the DCSS COMPANIES wish to proceed to arbitration, the parties will follow the procedures specified in Section 5 – Arbitration.

Section 5. Arbitration

a. In the event either the DCSS COMPANIES or the Union desires to process a grievance to arbitration, it must do so within twenty (20) days after receiving the answer of the other party, as required by Step 3 of the Grievance Procedure, by notifying the other party in writing, by certified mail, of its desire to submit the grievance to arbitration. Thereafter, the parties shall attempt to select an arbitrator to hear and decide the grievance, but if they are unable to do so within twenty (20) days after receiving notice of intent to arbitrate, the party processing the grievance shall notify the Federal Mediation and Conciliation Service and the Arbitrator shall be chosen in accordance with the then applicable Arbitration Rules of the Federal

Mediation and Conciliation Service.

b. The Arbitrator shall only have the power to apply the specific provisions of this

Agreement the party claims have been violated and shall have no power to add to, subtract from, amend or otherwise modify the terms of this Agreement. The fees and expenses of the Arbitrator and the cost of the rental of the room for the arbitration shall be borne equally by both parties. The party incurring other expenses shall pay all other expenses. The decision of the Arbitrator shall be final and binding upon all parties.

c. By prior mutual written agreement, the time limits specified above may be extended.

d. The DCSS COMPANIES shall honor reasonable requests from the Union to release employees from work to testify as witnesses so long as it does not disrupt the schedule of testing, the party ordering testimony shall pay for cost of lost wages. If a stenographic record is made, either party may order a transcript thereof and the party ordering it shall pay for the full cost.

ARTICLE VIII: Seniority

Section 1. Seniority List The DCSS COMPANIES shall compute seniority in terms of years, months and days based upon the employee’s length of continual employment since his/her last date of hire. In case of employees starting on the same date, the employees will be listed alphabetically. The

DCSS COMPANIES agrees to make its best efforts to provide the seniority list on a monthly basis, but in no event will it provide such list less than quarterly.

Section 2. Probationary Period

An employee shall be on probation for his or her first sixty (60) calendar days of employment, during which time:

1. The employee is subject to discharge and such discharge shall not be subject to the grievance or arbitration procedure specified in this agreement.

2. The seniority provisions of this agreement shall not be applicable to the employee.

3. Excused absences shall be added to calendar days of employment to extend the probationary period.

4. If an employee completes his/her probationary period without having obtained the necessary security or other clearance or without having obtained the certification of licensure required for the position for which the employee was hired, and subsequently fails to obtain said clearance, certification or licensure, it shall be grounds for discharge and such discharge shall not be subject to the grievance or arbitration procedure.

In the event the DCSS COMPANIES feels an extension of the sixty (60) day probation period is required on an individual basis, the Program Manager or his/her designee, will contact the Business Representative of the Union to request an extension.

Section 3. Job Vacancies

All vacancies in Data Collector jobs will be posted by the DCSS COMPANIES as practical and will remain on the bulletin board for three (3) working days. Personnel considering themselves qualified to fill such vacancies, who wish to apply for a vacant Data Collector position, must notify the DCSS COMPANIES of their desire to fill such vacancies in writing during the time the announcement is posted. Vacancies in Data Collector jobs shall be governed by qualifications (as defined by the Government Statement of Work (SOW) in the contract), physical fitness, experience, skill, ability and efficiency, but if all are equal as determined by the DCSS COMPANIES, the most senior person bidding on the job shall be awarded the vacant job.

Section 4. Reduction In Force

1. In the event of any reduction in force or layoff, employees will be laid off in reverse classification order of seniority within classification seniority. The following sequence will apply if applicable: 1) An employee who is laid off shall have the right to bump a less senior employee from a higher level position to a lower position in the same chain of classification provided the employee meets all job requirements, and is eligible and qualified to perform the available job. 2) An employee who is laid off shall have the right to bump a less senior employee in a classification previously held, based on the employee’s adjusted service date, provided the employee meets all job requirements, and is eligible and qualified to perform the available job.

2. Notwithstanding the aforesaid, consideration may be given to accept voluntary requests for layoff (VRIF). If more than one (1) request is received within a classification, the more senior employees will receive first consideration. If the

DCSS COMPANIES accept the employee’s request, the voluntary layoff shall spare an employee within their classification if layoffs are scheduled for said classification. Denial of request to volunteer for layoff will not be subject to the grievance procedure. All normal layoff benefits will apply. When an employee is approved for VRIF, all recall rights will apply as identified in Article VII-Seniority, Section 5-Recall and Section 6, Loss of Seniority.

3. Any personnel laid-off will retain their right to return to work for a period of one

(1) year. Exception to this provision shall be made when the service provided to

Aberdeen Test Center (ATC) on this contract will be affected by application of this seniority provision and shall not be applied to those assigned to active TDY.

4. It is the responsibility of the employee to notify DCSS COMPANIES of current contact information during the layoff period. The Union will not hold DCSS

COMPANIES liable for returned, refused, or undeliverable written notification.

Section 5. Recall Employees will be called back to work starting with the most senior person within the classification who is eligible and qualified to perform the available job to be filled. In recall, the DCSS COMPANIES shall mail a registered or certified notice of recall to the appropriate employee. Recalled employees must respond within seventy-two (72) hours after receipt of notification, and must report for work within five (5) workdays, unless extended by the DCSS COMPANIES. In an effort to bring back an employee in the most expeditious manner, the DCSS COMPANIES will also call the employee at the latest contact home and/or cell phone number. In addition, the Union agrees to assist in contacting the employee in an effort to expedite the procedure. If the employee is contacted by phone and declines the recall, the DCSS COMPANIES will contact the Union Business Representative to then contact the employee in the same manner to verify the employee’s response. Once verified by the Union

Business Representative, the DCSS COMPANIES will continue with the process if necessary.

Section 6.

Seniority shall be lost by any employee who:

a. resigns

b. is discharged for just cause

c. does not report to their supervisor within forty-eight (48) hours after receiving a reinstatement notice

d. does not report for work after layoff within five (5) working days after having been notified to report for work (such notification to be by certified mail directed to the employee’s last known address as it appears in the DCSS COMPANIES’ records)

e. is permanently laid off for a period of time greater than one (1) continuous year

f. does not return to work at the end of an approved leave of absence

g. retires

h. is transferred out of the bargaining unit for six months or more

Section 7.

Where an employee returns from duty with (i.e., after being drafted or recalled) the Armed

Service of the United States Government, such employee’s seniority will be maintained.

Section 8.

The DCSS COMPANIES will post on the bulletin board and distribute to the Union

Representative on a monthly basis, but in no event will it provide such list less than quarterly, a seniority list of bargaining unit employees employed by the DCSS

COMPANIES.

Section 9.

Employees elected or appointed to a full-time position with the Union shall be granted a leave of absence of up to one (1) year with no loss in seniority. Such leave may be extended at the employee’s request for additional years; such leave will be considered to be annually renewable.

Section 10.

Promotions to Non-Bargaining Positions: Employees who were previously covered by this CBA and accept promotion out of the Bargaining Unit have the right for up to six (6) months from the date of promotion to decline the promotion and be re-instated back to a previous held position without loss of seniority. To be promoted out of the Unit, it must be to a position not covered by this Agreement. If misconduct occurred, the reinstatement of seniority must be mutually agreed to between the Union and DCSS COMPANIES.

ARTICLE IX: Job Classifications and Hourly Wage Rates

A list of job classifications is set forth in Appendix A and includes hourly rates for those classifications. DCSS COMPANIES agree to provide the Union with copies of any job description and with any changes, which may be made from time to time. If DCSS

COMPANIES establish a new job classification, it shall provide the Union with a job description for that position and a proposed hourly rate. If the Union does not agree with the proposed rate, DCSS COMPANIES and the Union agree to bargain the job classification.

Shift differential will be paid for second and third shift work which generally runs from

1600 – 0030 and 2330 – 0800 respectively, but which may commence as early as 1500 depending upon the length of the workday (8-hour or 9-hour day) and demands of the supported test program. If during a scheduled shift the employee works half or more of the hours during the second (beginning after 1600 hours) or third shift, the employee will receive shift differential for all hours worked in that shift.

ARTICLE X: Hours of Work

Section 1.

The regular workweek shall commence on 11:01 a.m. Friday and ending 11:00 a.m. on the following Friday and will consist of 5 workdays.

Section 2.

The regular hours of work will generally be scheduled during a continuous two (2) week compressed alternative work schedule consisting of eight nine-hour days (0700 hours to

1630 hours), Monday through Thursday and one eight hour day (0700 hours to 1530 hours), a Friday, with a daily unpaid lunch break of thirty (30) minutes. Every other Friday is a scheduled regular day off (RDO). Provision will be made to accommodate test plans that require work to be performed at times outside the regular hours of work. However, it is understood that if ordered to do so by the Department of the Army, the schedule of hours of work may be changed by the DCSS COMPANIES. The work covered by this Agreement may be suspended by the Department of the Army. In the event operational demands require a change in the employee’s regular hours of work, the DCSS COMPANIES will first discuss the change with the affected employee and make all reasonable efforts to accommodate the employee’s personal needs to minimize inconvenience to the employee.

In such circumstance, the DCSS Companies will notify the DCSS shop stewards via email of the change in the employee’s work schedule.

ARTICLE XI: Overtime and TDY

Section 1.

Overtime at one and one-half the regular hourly job rate will be paid for hours an employee works in excess of forty (40) hours in any work week.

Section 2.

Daily extra work and overtime will be performed by employees assigned to the particular test where the work is required. Where one hour advance notice of the requirement to work overtime is given by the Department of the Army, the employee assigned to work such overtime will be required to work the scheduled overtime unless otherwise excused for good cause by the DCSS COMPANIES. If overtime is officially cancelled after the employee(s) has been called back to work after completing his/her normal shift, reasonable effort will be made to inform the employee(s) of the cancellation before the employee(s) reports. If this effort is unsuccessful and the employee(s) report, the DCSS COMPANIES may, at its discretion, substitute other work if possible. If other work is not, or cannot, be substituted, the employee(s) shall be deemed to have worked two (2) hours, and will be paid at the appropriate rate, even if the employee(s) did not work the two (2) hours.

Failure to work the required scheduled overtime shall result in disciplinary action.

Section 3.

In the event an employee on a test scheduled to work overtime is excused by the DCSS

COMPANIES to work the scheduled overtime, the DCSS COMPANIES will select an employee qualified to perform the particular test from a list of those employees who have indicated they are willing to work overtime (overtime opportunity list). Any employee on the overtime list who refuses the overtime assignment will be placed at the bottom of the overtime opportunity list. This overtime opportunity list will be updated periodically but not less than monthly with the names of those employees who wish to be assigned an overtime opportunity.

Employees will be listed on the overtime opportunity list in the order of their request to be placed on the overtime list. Overtime opportunities will be rotated down the list so that overtime opportunities may be distributed as equally as possible.

Section 4.

Overtime work on TDY (Temporary Duty) will be considered part of the TDY trip and shall be required to be performed when requested.

Section 5.

The additional work, overtime work and the work schedules are determined solely by the test schedule of the Department of the Army. However, the DCSS COMPANIES will attempt not to require an employee to work more than twelve (12) consecutive hours.

However, all hours worked per day on a test will be determined by the Test Officer (US

Army) for that test.

Section 6. TDY

If a test at ATC requires a TDY period, the Data Collector assigned to the test will perform the TDY portion of the test. Employees can be excused from TDY by the DCSS

COMPANIES for good cause but once an employee is assigned a TDY assignment, if such is refused, it shall be just cause for discipline and/or discharge.

Section 7. Holidays as Hours Worked

Holidays recognized by the CBA will be considered as hours worked in the computation of overtime.

ARTICLE XII: Holidays and Personal Leave Plan

Section 1. Holidays

The following days will be recognized as holidays under this Agreement:

New Years Day (January 1)

Martin Luther King’s Birthday (3rd Monday in January)

President’s Day (3rd Monday in February)

Memorial Day (last Monday in May)

Independence Day (July 4)

Labor Day (1st Monday in September)

Columbus Day (2nd Monday in October)

Veterans Day (November 11)

Thanksgiving Day (4th Thursday in November)

Christmas Day (December 25)

When one of the above holidays falls on a Saturday, the preceding Friday will be considered the holiday unless it is an off day under the alternative work schedule in effect.

In such an event, the Thursday preceding the holiday will be considered the holiday. If the holiday falls on Sunday, the following Monday will be considered the holiday. If an employee works on a holiday, the employee will be paid at the overtime rate for all hours worked the day of the holiday.

Section 2. Personal Leave Plan (PLP)

Employees shall earn PLP based upon their continuous years of service as follows:

After one (1) year of employment to five (5) years of continuous service – 147 hours of PLP

After five (5) years of continuous service – 187 hours of PLP

After ten (10) years of continuous service – 227 hours of PLP

PLP does count towards hours worked for the computation of overtime, but PLP will not be paid as overtime. PLP shall be accrued each of the 26 pay periods in accordance with the annual rate established above. PLP pay shall be at the employee’s regular hourly rate for each hour of approved PLP for which the employee has accrued PLP credit. During any curtailment of operations, it will be the employee’s discretion to use PLP or LWP.

Section 3. Paid Holidays & PLP

Holidays and PLP days shall be paid during the pay period in which they fall. When a holiday falls on a nine (9) hour day the employee will receive nine (9) hours holiday pay.

When a holiday falls on an eight (8) hour day, the employee will receive eight (8) hours holiday pay. To receive holiday pay, an employee must work the scheduled workday prior to and the scheduled workday after the holiday unless on approved PLP. An employee who observes the holiday shall receive regular wages for that day or the day celebrated for such holiday.

Section 4. PLP

a. On weekends, regular days off (RDO) and holidays, the DCSS COMPANIES shall approve, in advance, time off for up to 35% of the work force. Additional employees will be permitted to take leave if the workload permits. Vacation requests will still be required for any requested time off.

b. Requests of PLP for any regularly scheduled working days shall be approved depending on the projected workload, impending government shutdowns or on a case by case basis as determined by DCSS COMPANIES’ management.

c. Any employees requesting PLP for regular work days must have enough leave or show that they will have enough leave accumulated by the dates of the time off or the leave request will be denied. Special circumstances will be evaluated by DCSS

COMPANIES’ management.

d. This agreement shall be contingent upon workload. Any changes, including variations in percentages based on mission requirements will be discussed between union and DCSS COMPANIES’ representatives.

e. Employees must provide the DCSS COMPANIES with seven (7) days prior notice of their desire to take preplanned PLP. The employee’s request will be granted unless such absence interferes with his/her scheduled test assignment. This advanced notice requirement may be waived by the DCSS COMPANIES for unforeseen PLP requirements.

Section 5. PLP Accrual

Employees will immediately begin accruing PLP at the appropriate rate in accordance with

DCSS COMPANIES service time on a bi-weekly rate. The PLP year shall be defined as the period of employee’s yearly anniversary date. Use of PLP must be approved in advance by an DCSS supervisor or manager. PLP pay shall be at the employee’s regular hourly rate for each hour of approved PLP leave for which the employee has accrued PLP credit.

Each employee who is eligible for paid PLP may, at the employee’s option, elect to take

PLP in one-hour increments. PLP used as a result of illness will require a medical certificate after being absent for three (3) consecutive scheduled work days. Any employee having unused PLP on their anniversary date shall have the privilege of carrying such unused PLP over into the following year. If unused PLP is carried forward, a maximum of two times their annual allocation will be permitted. Any hours above the maximum will be paid within the next two (2) pay periods. Employees who discontinue service with the

DCSS COMPANIES for any reason shall be paid at employee’s regular hourly rate for any unused PLP credit accrued.

Employees may request to sell back to the DCSS COMPANIES PLP in as little as nine (9) hour increments as long as the employee maintains a minimum of forty (40) hours of accrued PLP. Amounts paid for PLP redemption are subject to all applicable taxes and deductions, i.e., 401(k). Employee must complete a request form prior to PLP being paid out. PLP will be paid out in the following pay period.

Section 6 Leave Policy for New Hires

New hires (within the probationary period) shall have the option to use PLP or Leave

Without Pay (“LWP”) when unscheduled base closures occur due to such instances as inclement weather or days off authorized by executive order of the President of the United

States, etc. Employees shall have the option to use any or all of their PLP or LWP during the waiting period prior to receiving Short Term Disability benefits or for a qualifying event under the FMLA Leave Act.

ARTICLE XIII: Other Leaves

The DCSS COMPANIES may provide the employees with unpaid leave granted by the

DCSS COMPANIES for personal reasons provided the employee has used all of their PLP.

The DCSS COMPANIES recognizes two types of unpaid leave: (1) leaves of absence that are foreseeable and can be scheduled in advance (“scheduled leaves of absence”); and (2) leaves of absence that are unforeseeable and by their nature cannot be scheduled in advance

(“unscheduled leaves of absence”). With regard to scheduled leaves of absence, time off will be permitted, providing the reasons given for such leave are satisfactory to the DCSS

COMPANIES and provided the leave is for no longer than thirty (30) calendar days and only when at least seven (7) calendar days notice is given to the DCSS COMPANIES prior to the requested leave. All such leave requests must be in writing and submitted to the

Supervisor or Program Manager. Family Medical and Leave Act and Government Service for the Armed Forces will be handled in accordance with the law.

Unscheduled leaves of absence, may be granted subject to the following conditions:

a. the reasons given for such leave are satisfactory to the DCSS COMPANIES;

b. if the employee is unable to report to work at the employee’s scheduled time, the employee must speak with his or her Field Leader, and if not available, the

Technical Program Manager or designee prior to the commencement of the employee’s shift; and if emergency leave is necessary while the employee is on duty, the employee must speak with his or her Field Leader, and if not available, the Technical Program Manager or designee prior to leaving work.

c. if the use of unscheduled leave reflects a pattern that management deems to be abusive (e.g., frequent absences on Monday mornings), the employee may be subject to disciplinary action. The DCSS COMPANIES may, at its discretion, request that the employee provide proof of the emergency within a reasonable time after the leave is requested.

d. An employee on LOA due to disability who is unable to return to work after being on an approved LOA under FMLA and/or three (3) months of disability leave may now request six (6) months of additional disability LOA in one (1) month increments by submitting a request in writing to Human Resources at least seven

(7) days prior to the expiration of the approved leave. This request must be accompanied by supporting medical documentation in sufficient detail to justify the additional needed time. This additional LOA will be considered on a case-by-case basis and the approval of an employee’s request does not commit the DCSS

COMPANIES to guaranteeing a job for the employee upon their return to work. If at any time an employee’s provider indicates that the employee will not reasonably be able to return to work within the maximum leave period (exclusive of FMLA), the employee will cease to be eligible for a medical leave of absence. In no case will the total of all approved disability LOA exceed twelve (12) months from the first date of disability. DCSS companies shall, provided the employee has not worked at anytime during the pay period, assume up to the amount not exceeding seventy-five percent (75%) of the medical coverage cost for Employees who meet the FMLA eligibility requirements and exercise their rights to use FMLA.

ARTICLE XIV: Benefits

Section 1.

Effective August 1, 2016, and each succeeding August 1st during the term of this

Agreement, the DCSS COMPANIES shall provide the employee with a fringe payment as noted in Appendix A to a maximum of 2080 hours worked per year in additional compensation to pay for fringe benefits the employee wishes to purchase. Such hourly payment shall be included in the employee’s semi-monthly paycheck. Each employee may elect to participate in or purchase any or all of the following DCSS COMPANIES benefits:

Group Hospitalization Health Insurance for himself/herself, his/her dependents.

Short-Term/Long-Term Disability Insurance

Life Insurance

Group Dental Insurance himself/herself, his/her dependents

401(k) Plan Participation (No matching)

Flexible Spending Account (FSA)

Employee Assistance Program (EAP)

Additional pay for benefits shall not be paid for any hours in excess of forty (40) per week or in excess of 2080 hours a year.

The Union, through the IAM Benefit Trust, is investigating the cost of health insurance for all members participating in the DCSS COMPANIES’ health plan. The Union sponsored medical plan may be offered in lieu of the DCSS COMPANIES’ health plan provided that adequate notification is provided to the DCSS COMPANIES prior to open enrollment

2017. Such plan will remain in force for the balance of this Agreement. The Union agrees to assist the DCSS COMPANIES in any inquiries by the Government in regards to health care laws. All costs associated with the benefits elected by the employee will be the responsibility of the employee and deducted on a pre-tax basis from the paycheck of the employee provided that it is allowed by IRS Regulations.

Section 2.

The employee shall be obligated to comply with all requirements of the various fringe benefits, insurance and other plans that apply to the employee in accordance with the procedures and regulations that are in effect during the term of this Agreement.

Section 3. Travel Reimbursement

Each employee will receive mileage reimbursement for use of their personal vehicle while performing his or her jobs. This mileage reimbursement will be paid at the rate approved by the Federal Government in the Joint Travel Regulation (JTR) at the JTR rate incorporated in the contract by the contracting officer. This mileage reimbursement must be documented on forms provided by the DCSS COMPANIES and will be paid directly to the employee in accordance with the DCSS COMPANIES’ electronic travel reimbursement system. In the event an employee is owed money due to TDY, mileage claims, PPE allowance or any other DCSS COMPANIES approved expense on the employee’s part; the DCSS COMPANIES will reimburse the employee within thirty (30) days of submitting all required documentation.

Section 4. Awards

All letters of appreciation from the government will be placed in the employees file with a matching letter of acknowledgement from the DCSS COMPANIES.

Section 5. Bereavement Leave

In case of the death of a member of the immediate family of an employee, the employee shall be granted three (3) workdays off at the employee’s regular rate of pay to attend the funeral and to attend to administrative details. For the purposes of the Administrative

Leave Program, “members of the immediate family” include spouse, domestic partners, children, stepchildren, brothers, sisters, parents, stepparents, stepbrothers, stepsisters, foster parents, parents-in-law, legal guardians, grandchildren, step-grandchildren, grandparents, grandparents-in-law, brother-in-law and sister-in-law. The DCSS

COMPANIES may require proof of death from the employee taking such leave and proof of relationship to the deceased.

Section 6. Jury Duty

Employees who are called for Jury Duty shall be paid by the DCSS COMPANIES eight/nine (8/9) hours of pay (whichever is scheduled), for each day of jury duty, providing the employee provides the DCSS COMPANIES with his/her daily governmental jury duty proof of attendance. When released from jury duty before 11:00 a.m., the employee is expected to return to work that day. It is further understood this is limited to forty (40) hours in a calendar year.

Section 7.

The Custom Choice Worksite Benefits Program of supplemental insurance benefits will be offered to employees in the bargaining unit through their designated agent, Employee

Benefits Systems, Inc. (EBS). EBS will be allowed to meet individually with the bargaining unit employees on site, for a period of no more that fifteen (15) minutes per year, in order to present available, supplemental insurance options. The DCSS COMPANIES will provide a payroll deduction for premium payments directly to Employee Benefit Systems, Inc. on behalf of employees who choose to participate and execute lawful payroll deduction authorization forms. The Union agrees that such supplemental insurance options are offered, administered, and provided by and through Employee Benefit Systems, Inc. and confirms that the DCSS COMPANIES is not a plan sponsor of such options and shall not be involved in the administration of such options now or in the future. The Union will defend, save, and hold harmless and indemnify the DCSS COMPANIES from any and all claims, demands, suits or any other forms of liability that shall arise out of execution of this program. The DCSS COMPANIES reserve the right to schedule the annual visit as defined in this paragraph.

Section 8.

During the yearly open enrollment for benefits or during the new hire phase, such enrollment shall be conducted during working hours for DCSS Companies.

ARTICLE XV: Safety and Health

Section 1.

The DCSS COMPANIES will make all reasonable provisions for the safety and health of its employees during the hours of their employment.

Section 2.

DCSS COMPANIES will provide prescription safety glasses for employees. DCSS

COMPANIES will provide benefits, through a local facility, for prescription safety glasses, where such eye protection is necessary. DCSS COMPANIES will coordinate with the local predetermined facility to provide a select package for prescription safety glasses to include bifocal lenses. Any costs above the selected package will be the responsibility of the employee. Effective 5/1/12

Section 3.

Protective Equipment will be provided by the DCSS COMPANIES/government when required and directed by the COR.

Section 4.

Safety training will be provided by the DCSS COMPANIES/government when required and directed by the COR.

Section 5.

As of the date of this CBA, the DCSS COMPANIES will pay each employee $150.00 per year for Personal Protective Equipment (PPE), and work related clothing. Payment will be paid to all employees in the first full pay period of April in each calendar year, this payment will be added to the employee’s payroll check for this pay period. It is understood that each new employee is required to report to work in industry approved, serviceable, safety footwear. All new employees will receive their initial PPE payment in their first paycheck, then each April as set forth above.

ARTICLE XVI: Discipline and Discharge

Section 1.

Any employee may be disciplined and/or discharged for just cause and/or for failing to comply with:

The DCSS COMPANIES Policies and Procedures

The DCSS COMPANIES Program Policies

Any provision of the contract awarded as a result of the Department of the Army

Solicitation Number

Section 2.

If an employee is denied a final security clearance, it shall be grounds for discharge and such discharge shall not be subject to the grievance or arbitration procedure. If an employee loses the necessary security clearance, the employee will be placed on unpaid leave, and if the employee is unable to obtain a security clearance, it shall be grounds for discharge and such discharge shall not be subject to the arbitration procedure. If the employee subsequently obtains a security clearance, the employee will be entitled to preference in hiring for an open position with the DCSS Companies.

Section 3

The DCSS COMPANIES will provide the Shop Steward and Business Representative of the Union with written notice of the discharge or discipline of any employee within twenty-four (24) hours of the discharge or discipline.

ARTICLE XVII: “No Strike/No Lockout”

During the term of this Agreement, neither the Union, its officers, agents, representatives, Stewards or its members shall encourage, condone, authorize or participate in any refusal to work, strike, sit down, slowdown, work to Rule program, or any other interruption of work.

In the event such a strike or work stoppage, work to Rule or any other interruption of work occurs and the Union or any of these persons in the categories listed above participate, condone, authorize or encourage such a strike, slowdown, work to Rule or other interruption of work, the DCSS COMPANIES are free to take whatever action it deems appropriate against any employee up to and including discharge of the involved employee.

Any such action taken by the…