Attachment_5_AMSS_Collective_Bargaining_Agreement_AMD_0002.pdf

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U. S. Army Redstone Test Center Aviation Maintenance Support Services
Solicitation number
W91CRB-19-R-0003
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This is a solicitation issued by the Army Contracting Command - Aberdeen Proving Ground for aviation maintenance support services to be provided at the US Army Redstone Test Center. The requirement is set aside for 8(a) small businesses under NAICS code 488190 with a size standard of $32.5 million. Only small businesses registered in SAM under NAICS 488190 may submit a proposal. The period of performance is five years with potential for a two-year extension. Proposals are due by 11:00 am local Maryland time on December 3, 2018. Questions are due by November 14, 2018. The point of contact is Robin Delossantos at robin.m.delossantos.civ@mail.mil. Offerors should monitor FedBizOpps for any amendments. The solicitation seeks maintenance support for aircraft and ground support equipment at Redstone Test Center and is associated with synopsis W91CRB-18-R-0048.

Amended Attachment 5

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i

COLLECTIVE BARGAINING AGREEMENT

By and Between

Y-Tech Services, Inc.

And

International Association of Machinists

& Aerospace Workers Local Lodge

Redstone Arsenal, Huntsville, Alabama

December 1, 2017 Through November 30, 2020 http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwjdxdzSxIDPAhVKTSYKHRqVCJAQjRwIBw&url=http://www.goiam.org/&psig=AFQjCNEM91hQdAxuGosII0BPfjND8Fj1UQ&ust=1473450406720217 i

TABLE OF CONTENTS

Agreement

Article 1 – Recognition

Article 2 – Management Rights

Article 3 – Equal Opportunity Employment

Article 4 – Union/Agency Shop and Dues Checkoff

Article 5 – Shop Stewards

Article 6 – Strikes, Lockouts and Work Stoppages

Article 7 – Government Security/Responsibility

Article 8 – Seniority

Article 9 – Non-Bargaining Unit Personnel

Article 10 – Hours of Work

Article 11 – Shift Assignment

Article 12 – Overtime

Article 13 – Discipline

Article 14 – Holidays

Article 15 – Grievance/Arbitration Procedure

Article 16 – Leaves of Absence

Article 17 – Paid Time Off

Article 18 – Jury Duty/Witness Pay

Article 19 – Safety and Health

Article 20 – Bulletin Boards

Article 21 – Temporary Duty Assignments

Article 22 – General

Article 23 – Drug and Alcohol

Article 24 – Retirement and Investment Plan

Article 25 – Health and Welfare

Article 26 – Duration (Signature Page)

Appendix ‘A’ – Company Rules and Corresponding Disciplinary Actions

Appendix ‘B’ – Wages

Memorandum of Understanding #1

AGREEMENT

This Agreement entered into at Redstone Arsenal (RSA), Huntsville, AL effective December 1, 2017 by and between Y-Tech Services, Inc. (hereinafter referred to as the "Company") and the

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT

LODGE 75 and its LOCAL LODGE 2766 (herein collectively "Union") as representative for the purpose of collective bargaining of the employees hereinafter defined. Said parties agree as follows:

The purpose of this Agreement is to provide orderly collective bargaining relations between the

Company and the Union, to secure a prompt and fair disposition of grievances and to stabilize employment relations for the duration of this Agreement.

The term "employee" or "employees" as used in this Agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article, and this Agreement shall apply only to such employees.

This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives; provided, however, that written agreements regarding particular matters or understandings may be made between the Company and the Union and shall be binding upon the employee or employees concerned, the Company and the Union.

Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. If any section of this

Agreement is declared invalid as stated above or the Parties agree that a section is invalid during the life of this Agreement, the Company and Union will meet within 30 calendar days to negotiate replacement language.

This Agreement shall be binding upon the Company, its corporate successors and assigns.

ARTICLE 1 – RECOGNITION

1.1 The Company recognizes Local Lodge 2766 and District Lodge 75, International

Association of Machinists and Aerospace Workers, AFL-CIO, as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all employees of Y-Tech Services, Inc. in the bargaining unit described in the certification issued on August 23, 2017 by the National Labor Relation

Board in Case No. 10-RC-202068 as more specifically set forth below:

1.2 All full-time and part-time Mechanics 1/2/3 employees, GSE Mechanics, Avionics 1/2/3 employees, Quality Control employees, Flight Engineers, Crew Chiefs, Production Control

Clerks, Egress Technicians, Test Pilots, Sheet Metal employees, Aircraft Mechanic Helpers, Machinists, and all other employee classifications listed in Appendix ‘B’ of employees employed by Y-Tech Services Inc., at its Redstone Arsenal in Huntsville, Alabama facility, under government contract number W58RGZ-14-C-0007 but excluding all office clerical employees, Production Control Assistants, professional employees, managerial employees, guards and supervisors as defined in the Act.

1.3 The term “Part-Time employees” as used in the Agreement means employees who are regularly scheduled to work less than thirty (30) hours per week.

1.4 The term "full-time employees" as used in the Agreement means employees who are regularly scheduled to work thirty (30) hours or more per week.

ARTICLE 2 - MANAGEMENT RIGHTS

2.1 Except insofar as it is specifically abridged by the express provisions of this Agreement, the management of the Company and the direction of the workforce are vested solely and exclusively in the Company and shall not in any way be abridged except as specific restrictions are set forth in this Agreement.

2.2 The Company hereby retains the sole and exclusive control over any and all matters inherent in the operation, management, and administration of its business including, but not limited to, the determination of the location, relocation, or termination of any or all of its plants or facilities, including without limitation, the consolidation or merger of the

Company's operations with that of any other division or subsidiary of the Company or any other firm or entity; the determination as to whether products, services, or any other work shall be made, purchased, the direction, instruction and control of employees, including, but not limited to, the determination of the number or qualifications of employees to perform work, the right to maintain the efficiency of employees, to evaluate performance and set performance standards, and to assign shifts, work or overtime; the right to hire, layoff, reclassify, promote, and demote; the right to transfer; the right to discipline for "Just Cause", suspend for "Just Cause", and discharge employees for "Just

Cause”; and the right to determine the hours of work, the processes, methods, and procedures to be employed, except as expressly and, specifically, limited by the terms of this Agreement.

2.3 The Company shall have the right to establish, maintain, enforce, modify, delete or add reasonable rules and regulations relating to the conduct of its employees and the operation of its business, it being understood and agreed that such rules and regulations shall not be inconsistent or in conflict with the provisions of this Agreement. Prior to any changes of the above, the Company shall give the Union a thirty (30) calendar day notification and if necessary meet with the Union to discuss and negotiate the proposed changes.

ARTICLE 3 - EQUAL OPPORTUNITY EMPLOYMENT

3.1 The Company and the Union agree that there shall be no illegal discrimination against any employee because of race, religion, national origin, sex, age, or any other classification protected by law. The Company and the Union agree to comply with all laws relating to the non-discrimination of and the accommodation of the disabled and this Agreement shall be so interpreted.

ARTICLE 4 – UNION AGENCY SHOP AND DUES CHECK OFF

4.1 Due to the Redstone Arsenal’s status as a Federal Enclave, all employees covered by this

Agreement shall as a condition of continued employment with the Company and unless prohibited by law, become and remain members in good standing in the Union or pay applicable agency service fees to the Union, but not both, within thirty (30) days following the end of their sixty 60-day probationary period. An employee shall not be subject to this

Article until completion of the probationary period, at which time an employee shall become subject to all provisions of this Article.

4.2 The Union will provide the Company with the following information concerning Union

Dues or Agency Service fees:

a. Current dues/fees rate to be charge to the Employees;

b. When Union Dues/fees rates are increased or decreased the Union shall notify the

Company in advance of the date that the new dues/fees will become effective.

4.3 During the duration of this Agreement, the Company, as permitted by State and Federal law, shall deduct out of the current net earnings payable to an Employee covered by this

Agreement, applicable Union/Agency Fees, initiation fees and reinstatement fees, upon receipt of a deduction authorization, executed and delivered to the Human Resources office by the Employee or Steward, on a form provided by the Union, and shall continue deductions until authorization is revoked by the Employee. The Human Resources office shall stamp and date the form and furnish the employee a copy for his / her records.

Failure to authorize Dues or applicable service fee deductions does not relieve Employees from the Agency Shop obligation.

4.4 Deductions from money due the Employee shall be made from the net earnings due the

Employee payable the 1st two pay periods of the month, provided the Company has received such authorization from the Employee by the fifteenth (15th) day of the preceding month in which such deductions are made. There shall be only one remittance per month by the Company.

4.5 Deductions shall be remitted to the IAM General Secretary-Treasurer not later than ten

(10) days following the regular payday for the first full pay period in each month providing the Employee has submitted the approved authorization form by the 15th calendar day of the previous month. The Company shall furnish to the IAM General Secretary-

Treasurer, a list showing those members for whom deductions have been made and the amount thereof.

4.6 Any Employee within the bargaining unit who is required to contribute to the Union and who is transferred or promoted out of the bargaining unit or laid off, shall not be subject to any provisions of this Article during the time the Employee remains outside the bargaining unit or on layoff. Employees placed on short or long-term disability are responsible for notifying the IAM Local 2766 Secretary-Treasurer immediately. Dues or agency fees may be reduced during a time out on disability.

4.7 Notification that an employee has failed to comply with any provision of this Article 4 shall be provided by the Union, in writing, via certified mail, return receipt requested. The

Union shall provide the employee with a copy of said notice. The Company will within fourteen (14) calendar days after receipt of notice from the Union and unless prohibited by federal or state law, terminate any employee(s) who is not in good standing in the

Union or Employee(s) who do not pay applicable Agency Service Fees as required by this

Article. Termination procedures under this paragraph (7) shall not be deemed as a disciplinary action.

4.8 Employees may handle the matter of payment of Union initiation fees/dues directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees/dues, the Union will make refunds directly to such employees.

4.9 The Union shall indemnify and save the Company harmless against all liability that may arise as a result of action taken by the Company for the purpose of complying with all provisions of this Article.

ARTICLE 5 – SHOP STEWARDS

5.1 The Company agrees to recognize the Stewards and Chief Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. The

Union shall promptly advise the Company in writing of any change in Stewards. No

Steward will be recognized as such by the Company prior to receipt of written notice of appointment. The Company will provide this information to each supervisor having authority over employees covered by this Agreement.

5.2 The number of Stewards and Chief Steward shall be in that number required by the Union to assure each employee in the Union has ready access to a Steward in his/her assigned work location. It is agreed this objective can be achieved with not more than seven (7) plus the Chief Steward unless modified by mutual agreement of the Parties.

5.3 Subject to other provisions of this Agreement, reasonable and necessary time off from work during work hours (not to exceed one (1) hour per steward per week with the exception of the first of the year of the contract where up to one (1) additional hour will be authorized with approval from the area supervisor. After the first year, the Steward will be limited to one (1) hour per week for union business) shall be authorized without loss of pay or benefits to permit Stewards and the Chief Steward to carry out their responsibilities under the grievance procedures to employees in their area of representation, providing the carrying out of these responsibilities will not unreasonably interfere with the assigned work duties of the Steward or the employee involved.

5.4 Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has an alleged grievance may discuss the matter with the employee’s Steward. The necessary time away from the Steward’s official work assignment shall be arranged in a manner to minimize interruption of work flow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a unit employee and/or management official, the Steward shall request permission to leave his/her work assignment from his/her supervisor. In each instance, the supervisor’s permission will be granted unless he determines compelling work commitments dictate otherwise. If permission is initially denied, the supervisors shall establish an alternate time which shall be no later than the end of the employee’s next work day, at which time the Steward can contact the employee. The scope of the Steward’s activities on Company time shall not be limited to the following:

a. To consult with an employee regarding the presentation of a request concerning this

Agreement, complaint, or grievance when the employee desires him to be present.

b. To investigate a complaint or grievance before presentation to the appropriate supervisor.

c. To consult with the Chief Steward regarding a grievance or alleged grievance.

d. To present a request concerning this Agreement, complaint, 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.

e. To meet with an appropriate supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

f. Each new employee covered by this Agreement shall be introduced to the Union’s Chief Steward and their Steward by the Supervisor in the activity to which such employee is first assigned within five (5) working days or new hire orientation.

5.5 Subject to existing security regulations, the Business Representative or other authorized

Business Representative of the Union shall have access to the Company’s work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the grievance procedure, and conducting site visit orientation. Before doing so, he/she shall report to the General Manager or other authorized Company Representative, who shall permit said Representative to enter the Company’s premises, provided that such right shall be exercised reasonably and will not interfere with the normal conduct of the Company’s operations. Authorized Business Representative of the Union may be escorted by a Shop Steward/Chief Steward or other Union Representative at all time they are on Company premises.

5.6 The Union may schedule a site visit of the District’s Business Representative/Assistant

Directing Business Representative/Grand Lodge Representative/Aerospace Coordinator(s) to meet with the elected Shop Stewards and Chief Steward, for a period not to exceed one hour. This meeting will not occur more than once per quarter.

ARTICLE 6 - STRIKES, LOCKOUTS AND WORK STOPPAGES

6.1 The Union, its officers and members agree that for the duration of this Agreement there shall be no strikes, sit-downs or any acts of any nature which would stop or restrict production and no picketing of any kind. The Company agrees that for the duration of this

Agreement there shall be no lockouts.

ARTICLE 7 – GOVERNMENT SECURITY/RESPONSIBILITY

7.1 The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations when performing work for the Government. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the

Government to have the information.

7.2 The Union recognizes that the Company has certain obligations in its contracts with the Government pertaining to security, and that security is vital to the Company and the Union in carrying out their part in the defense effort. Nothing in the Agreement shall require the Company to employ, continue to employ, or to grant access to any of its facilities or work locations any person to whom a cognizant Government agency refuses access or denies a clearance. It is understood that all employees must be able to obtain and maintain a security clearance to a level commensurate to their duties. Whenever possible, such employees will be reassigned in accordance with their clearance status. It is mutually agreed between the Parties that such an employee shall be subject to any action, including but not limited to discharge, which the Company considers necessary for security reasons.

7.3 Where an employee’s base access or Common Access Card (CAC) is revoked and the employee is subsequently terminated, and the base access is restored by the Federal Government within eighteen (18) months of revocation, the Company will reinstate the employee’s employment (with their original seniority date) into his/her previously held position at the time of termination. The Company shall not be obligated to reinstate any employee whose base access was revoked as a result of circumstances otherwise justifying required to maintain a recall list of any such employee for eighteen (18) months.

It is the employee’s responsibility to appeal to the appropriate agency to have their CAC restored within the eighteen (18) month period. The employee will be required to notify the Company upon having their base access or CAC eligibility restored. The Company will notify the Chief Steward, in writing, within five (5) business days of such notification.

Should a termination occur that results from the above action, it is understood that such termination will not be subject to the grievance procedure.

ARTICLE 8 – SENIORITY

8.1 The term "seniority" is defined as an employee’s date of hire including the whole span of continuous service with the present contractor, and with predecessor contractors, in the performance of similar work at the same Federal facility. An employee who is transferred into the bargaining unit from another Company site shall establish a new seniority date which is the date the transfer is effective. Employees transferring in from another

Company site shall retain their original benefit date.

8.2 Any employee who has been in the employment of the Company for less than sixty (60) working days shall be considered a probationary employee. During the probationary period the employee shall be subject to discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure. If the employee is absent from work during the probationary period for any reason, the probationary period shall be extended to account for such absence. New employees entering the bargaining unit after the effective date of this Agreement shall accrue seniority from the date they enter the bargaining unit upon completing the probationary period.

8.3 Any employee promoted to a job classification within the bargaining unit from a lower paid classification shall be on a trial period for the first sixty (60) working days in the new classification. Any time during such a trial period, the Company may, where the Company determines that the employee's performance in the new position is inadequate, return the employee to that employee's former position without any loss of seniority. The employee (unless he/she has bid to a lower job classification) shall also have the right to return to his/her former job classification any time within sixty (60) working days after beginning his/her new job classification.

8.4 The Company will provide a current seniority list to the Union monthly.

8.5 Employees shall have a period of ten (10) workdays after posting of seniority lists to protest, in writing, an error on the list. The Company and the Union will work together to resolve the issue.

8.6 When two or more employees have the same seniority date, the last four (4) digits of the

Social Security Number shall be compared. The lower/lowest number shall be considered the most senior.

8.7 Seniority shall be lost and the employee's employment shall be terminated and all rights under this Agreement shall be forfeited under any of the following circumstances:

Discharge for just cause Resignation or retirement Fails to report for work after the end of an approved leave of absence Unexcused absence from work for a period of three (3) or more consecutive workdays Failure to be recalled from layoff within eighteen (18) months, or if the employee fails to return to work within ten (10) working days after dispatch of a recall notice sent by the Company via certified mail to the employee's last known address

Transfer to a position outside the bargaining unit

8.8 In the event of a reduction in force, the Company shall designate the number of positions to be reduced in each affected job classification and shall provide as much notice as possible.

a. Probationary employees shall be laid off first.

b. The least senior employee(s) in the affected classifications shall be laid off next.

8.9 An employee selected for layoff in accordance with Section 08.08 will be given an opportunity to bump a less senior employee in a lower job classification. An employee who bumps into a lower job classification will receive the pay of that classification.

8.10 Recall shall be accomplished in inverse seniority order within the relevant job classification, with the most senior employee on layoff being recalled first to his/her job classification.

8.11 When a job within the bargaining unit becomes vacant and is needed to be filled, it will be posted for five (5) working days. Among the employees who sign the job posting who are qualified to perform the requirements of the position without additional training, the

Company will promote the most senior. If no employee qualified to perform the requirements of the position without additional training signs the job posting, the

Company may hire a candidate from outside the bargaining unit. To ensure that vacancies are filled in a timely manner, the Company may begin advertising the vacancy to outside candidates while the job posting is ongoing. No employee from outside the bargaining unit shall be hired to fill a vacancy as long as a qualified employee from bargaining unit has signed the job posting.

ARTICLE 9 – NON-BARGAINING UNIT PERSONNEL

9.1 It is understood and agreed that non-bargaining unit personnel will not perform the work of the employees covered by this Agreement, except under the following conditions:

a. For the purpose of instructing and training new employees in their area of work and responsibilities.

b. Under emergency conditions. The term “emergency” as used in this provision is defined to mean any unforeseen combination of circumstances which would require immediate action.

c. When required to maintain their personal qualifications and proficiency or required for certification.

9.2 The Company shall not subcontract out bargaining unit work.

ARTICLE 10 - HOURS OF WORK

10.1 The purpose of this Article is to define the normal hours of work.

10.2 The normal work day is currently 7:30 a.m. to 4:00 p.m. Different starting times and hours of work may be set by the Company for individual employees, and such schedules may be changed from time to time to suit varying conditions of business.

10.3 The work week, for payroll purposes, shall begin Saturday 12:00 a.m. (midnight) and extend until 11:59 p.m. the following Friday.

10.4 The normal work week shall consist of forty (40) hours, and of five (5) consecutive days, Monday, Tuesday, Wednesday, Thursday and Friday, in which the sixth day is Saturday and the seventh day is Sunday.

10.5 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 starting time of all shifts will be as follows:

a. First shift: Beginning at or after 5:00 a.m. but before 12:00 noon.

b. Second shift: Beginning at or after 12:01 noon but before 9:30 p.m.

10.6 The parties agree that work schedules may need to be temporarily altered to meet the needs of employees from time to time. To accommodate absences that are anticipated an employee may request to alter his/her regularly scheduled hours of work within a workweek. For example, an employee may plan to work two extra hours on Monday in order to leave two hours early for a personal commitment on Tuesday. Employees will be allowed to flex their shift up to two (2) hours on any given day but are limited to two occurrences per week (excluding National Guard/Reservist for purposes of attending

Multiple Unit Training Assembly – MUTA). Work schedule modifications may only occur with notification and approval of the respective supervisor. Request for emergency flextime shall not be unreasonably denied.

ARTICLE 11 – SHIFT ASSIGNMENT

11.1 Shift preference for available job vacancies shall be given to the senior qualified employee in each classification.

11.2 Employee(s) within the same classification and on a different shift may agree to temporally exchange shifts with pre-approval of management. Shift changes must be submitted for approval at least ten (10) working days in advance so the payroll change of status can be processed in a timely manner. This provision is not intended for the purpose of employees swapping shifts to increase days off, extend holidays, vacations, etc. but rather for specific reasons such as allowing employees to attend training classes or on the specific request of the company or customer.

11.3 The Chief Steward will be assigned to the first shift in his/her classification for the period of time that he/she is elected to serve.

ARTICLE 12 – OVERTIME

12.1 The provisions of this Article are intended to provide the basis for calculation and payment of premium pay.

12.2 It is understood and agreed that the Company reserves the right to require covered employees to perform overtime work in order to meet customer needs or other operational requirements. Overtime opportunities shall be offered within the classification by seniority. The Company may require the least senior employee(s) in the required classifications to work overtime should a sufficient workforce not otherwise be available.

12.3 When voluntary or scheduled overtime is required, the Company will poll the necessary employees by seniority, starting with the most senior employee in that classification needed for the overtime.

a. For beginning of shift overtime: The Company shall poll employees prior to the end of the proceeding days shift.

b. For sixth (6th) and seventh (7th) day overtime, employees shall be polled no later than the end of their fourth normal workday.

c. Work in Progress overtime: Completion of task assignments shall be permitted. Work in progress overtime assignments means that the assignment and completion of such work would cause a production loss between shift changes and personnel.

12.4 Employees shall be paid one and one-half (1½) times their base wage rate for all hours worked in excess of forty (40) hours in a work week.

12.5 All sixth (6th) consecutive day work shall be paid at one and one-half (1½) times the employees base wage rate for all hours worked.

12.6 All seventh (7th) consecutive day work shall be paid at double-time (2X) the employees base wage rate for all hours worked.

12.7 No overtime shall be worked except by specific direction from management.

12.8 All hours worked shall be considered toward the calculation of overtime with the exception of Holiday hours which will also be counted as time worked for computing overtime eligibility.

12.09 There shall be no pyramiding of overtime.

ARTICLE 13 – DISCIPLINE

13.1 The Company may discipline (including verbal warning, written warning, suspension, and discharge) any employee for engaging in misconduct or for failure to perform quality work or for deliberately restricting work production.

13.2 The Company shall not discharge or suspend any employee without “just cause”

a. The Company will use progressive discipline as found in Appendix ‘A’

13.3 Written warnings will be considered null and void after six (6) months and will not be considered in determining further progressive disciplinary action.

13.4 Suspensions will be considered null and void after twelve (12) months and will not be considered in determining further progressive disciplinary action.

13.5 Except for discharges of employees during their probationary period, all disciplines will be subject to the grievance procedure and arbitration clause.

13.6 Quality Control matters will only be treated as disciplinary matters when the quality issues are repeated, deliberate, or of a severity that might materially impact the Company's ability to meet the requirements of its contract with the Government.

ARTICLE 14 – HOLIDAYS

14.1 Holidays: The following ten (10) observed Federal holidays shall be designated holidays for each calendar year.

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

14.2 Whenever one of the above holidays falls on Sunday, the Monday immediately following shall be observed, if officially declared the holiday and generally observed by the Military at RSA. Whenever one of the above holidays falls on Saturday, the Friday immediately preceding shall be observed, if officially declared the holiday and generally observed by the Military at RSA. Said holiday falling on Saturday or Sunday, and observed on the preceding Friday or following Monday, shall be considered the regular holiday. In addition to the above holidays presently recognized, the Company agrees to observe any holidays declared as a paid holiday by the contracting officer responsible for the Company's contract RSA.

14.3 Full time employees who regularly work eight (8) hours per day shall receive eight (8) hours of holiday pay at the applicable hourly base wage rate of pay.

14.4 Holiday pay will be paid to an employee who performs any work or who is on an approved paid leave during the week in which the holiday falls. Pay received under any Company group disability plan does not qualify the employee for holiday pay.

14.5 Employees who are required to work a holiday shall be paid one and one-half (1 ½) times their base wage rate of pay plus the holiday pay. If a holiday is observed on a day on which a full-time employee is not regularly scheduled to work, the holiday will be observed for that employee on a work day in the following work week selected by mutual agreement.

14.6 In addition the Holidays listed above, the Company will observe any Holidays declared as a legal Holiday by Congress or the President and the Government closes the facility, provided the Government authorizes and agrees to reimburse the contractor for such

Holiday.

14.7 For periods of time when weather related incidents, safety stand-downs, Government/Customer shutdowns, Government mandated holidays, periods of mourning, inoperable equipment, technology upgrades or acts of God, or any situation or circumstance in which the Government/Customer restricts access to the facilities, the

Company will compensate employees up to eight (8) hours per day for time loss on days when they are available but unable to work. The Company shall make payments to the employees, under this section when the Government reimburses the Company for the lost work hours when the Government/Customer restricts access to the facilities. If the

Government/Customer does not reimburse the Company, employees can use PTO in lieu of unpaid time.

Part time employees will be compensated on a pro-rated basis per day for days when they are available but unable to work.

ARTICLE 15 - GRIEVANCE / ARBITRATION PROCEDURE

15.1 The term "grievance" as used in this Agreement means any dispute arising regarding the interpretation, application, claim of breach or violation of this Agreement which an employee has not been able to adjust with their immediate supervisor with or without his/her steward, which shall be at the employee's discretion. Investigation of grievances and grievance meetings will be conducted as promptly as possible, ordinarily on Company time except when otherwise dictated by operational requirements, in accordance with the following procedure:

15.2 Any employee(s) having a complaint shall have the right, directly or through the Shop

Steward, to present the complaint to the immediate supervisor for resolution. A resolution by an employee at this level shall not have the right to change or deviate from the language or intent of this Agreement.

15.3 If the complaint involves a matter subject to the Grievance Procedure, the complaint may be reduced in writing and filed in Step 1. All grievances must be presented in writing and contain the factual basis of the grievance and the provisions of the Agreement allegedly violated. All grievances shall be processed using the procedure in following sections.

Failure to appeal a decision made at any step in the time specified shall constitute a bar to any further action on that grievance. It is understood that the time limits specified herein may be extended by mutual agreement of the Company and the Union Business

Representative/or their designee.

15.4 All grievances shall be presented as soon as practicable after the occurrence upon which the grievance is based, but in no event later than ten working (10) days or when the alleged infraction was made known to the Union. The failures to present a grievance in this time period shall constitute a bar for further action on that grievance. Saturdays, Sundays and holidays shall not be counted in computing the due date for any decision or appeal there from.

15.5 If it is determined under the grievance procedure, including arbitration, that any adjustment in pay is appropriate, such adjustment shall be based upon the working wage rate of pay at the time of the occurrence.

15.6 All grievances will be settled according to the following procedure:

STEP 1: After raising the grievance in a timely manner as provided in 15.4, the employee(s) and the Shop Steward(s) shall meet with the Program Manager or his designee. This Step 1 meeting shall be within ten (10) working days. A written reply from the Program Manager shall be within ten (10) working days from the date of the meeting.

Any resolution at this Step of the grievance shall not be precedent setting. If the grievance is not resolved, the Union may appeal to Step 2, provided such appeal is made within ten

(10) working days from the receipt of the Program Manager's reply in Step 1.

STEP 2: The Union Business Representative and steward shall communicate or meet with the Company's Program Manager or his designee to discuss the grievance. The

Program Manager or his designee shall provide a written reply to the grievance within ten

(10) calendar days after the Step 2 meeting.

15.7 Any grievance which has not been settled or disposed of in accordance with the steps of the grievance procedure outlined above may be submitted to arbitration within thirty (30) calendar days of receipt of the Step 2 reply.

15.8 The party desiring arbitration shall notify the other party in writing within the aforementioned thirty (30) day period, and shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Such request shall be made within thirty (30) working days of the notice to the other party. The parties shall confer after receipt of such list and be entitled to alternately strike a name from the list until one name remains and this person shall be the arbitrator. Either party may exercise the option to reject the first panel and to request a second panel of Arbitrators as provided under this

Article.

15.9 The parties agree that the decision or award of such arbitrator shall be final and binding on each of the parties and that they will abide thereby. The authority of the Arbitrator shall be limited to determining questions involving the interpretation or application of specific provisions of this Agreement. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of this Agreement, to change an existing salary rate or to establish a new salary rate. Further, the arbitrator may alter disciplinary penalties imposed by the Company where the arbitrator finds that the employee is guilty of the conduct for which the employee was justly disciplined and where the penalty imposed was excessive in the Arbitrators opinion/ruling. In no event shall the same question or issue be the subject of arbitration more than once. Each party shall bear the expenses of preparing and presenting its own case. The fees and expenses of the arbitrator, FMCS fees, and rent of the hearing quarters will be shared equally by the parties. If either party desires a transcript of the proceedings, a transcript may be taken.

If both parties desire to use the transcript, all costs related to the transcript will be shared equally by the parties.

15.10 If no response is given by the Company within the time allotted, the grievance shall be deemed to have been denied and may be appealed to the next step in the grievance process.

15.11 Non-Binding Mediation - If the grievance cannot be satisfactorily resolved at Step 2, and if both parties agree, a grievance may be submitted to non-binding mediation by a joint request of the Company and the Union to the Federal Mediation and Conciliation Service.

Such request must be made during the time period after the Company gives its written

Step 2 answer and before the Union's time limitations on providing written notice to arbitrate expires. Once such a request is agreed to, the time limits will be extended. If a satisfactory solution cannot be reached through mediation the Union may proceed to

Arbitration. Time spent by the grievant or Union officials in attending mediation will be done without loss of pay.

ARTICLE 16 - LEAVES OF ABSENCE

16.1 Employees elected or selected to full time jobs in the Local Union or District or the

International Union, which takes them from their employment with the Company, shall upon written request to the Company receive a leave of absence, without pay, for a period equal to their tenure of employment with the Union. Seniority shall accumulate during such leaves of absence.

16.2 Leaves of absence without pay for Official Union Business ("Union LOA") will be granted by the Company on no less than five (5) days' written request of the Union provided the absence does not adversely impact operational requirements as determined in the

Company's sole discretion. No more than three (3) employee will be on Union LOA at any one time, and no Union LOA will exceed five (5) days, with the exception of employees engaged in negotiations. It is the intention of the Union to honor and respect the requirements of production in requests for leaves of absence for Union business.

Seniority will accumulate during such leaves of absence.

16.3 Leaves of absence for sickness, injury, accident or pregnancy will be granted employees for a period not exceeding twelve (12) weeks in any calendar year provided the employee furnishes satisfactory proof of the need for leave prior to granting such leave. The

Company may require a medical examination to substantiate the need for such leave or for continued leave. Seniority will accumulate during such leaves of absence. Leave for such purposes in excess of twelve (12) weeks may be granted in the Company's sole discretion, and the exercise of such discretion shall not create a precedent.

16.4 Leaves of absence without pay for up to five (5) work days may be granted by the

Company to employees for personal reasons, provided the absence does not adversely impact operational requirements as determined in the Company's sole discretion.

Seniority will accumulate during such leaves of absence.

16.5 Employees away from their jobs because of a compensable injury or compensable disease as defined by the Workers' Compensation Act of Alabama will be entitled to take a leave of absence in accordance with Section 16.4 in addition to any other rights provided by law. Seniority will accumulate during such leaves of absence.

16.6 All applications for a leave of absence shall be made in writing by the employee and setting forth the reason and duration if known.

16.7 The Company may require medical certification setting forth employee's diagnosis, need for leave, and the expected duration of the leave where a leave of absence is requested due to medical circumstances.

16.8 Military Leave Pay: Employees ordered to active duty for training purposes with the

National Guard or organized Military Reserve units, will be granted a leave of absence, provided the employee furnishes the Company a copy of the military orders at the time the leave of absence is requested. Employees granted such leave will be paid the difference in the earned military base pay (base plus longevity pay) that the employee received while on military leave and the pay he/she would have received had they worked their regular schedule during the leave of absence, not to exceed fifteen (15) work days each year. In order to be eligible for military leave pay, the employee will be required to furnish the Payroll Department a certificate signed by his/her Commanding Officer setting forth the amount of military base pay earned during their leave period. Nothing set forth in this Article, 16.9 is intended to conflict with or shall relieve the Company of complying with the Uniformed Services Employment and Reemployment Rights Act and/or other applicable law regarding military leaves of absence.

16.9 Upon returning from an approved leave of absence under Article 16 of the Agreement the Company will return the employee to his/her same classification, shift, and starting time held prior to such leave of absence.

16.10 Where an employee is absent in excess of three (3) days due to an illness or injury to the employee or a member of the employee's immediate family, the Company may require the employee to present a certificate of release from a medical doctor substantiating the need for the absence.

ARTICLE 17 – PAID TIME OFF

17.1 Beginning 5/1/2018, Employees will accrue PTO according to the employee’s seniority date as defined in Article 8.1 on a bi-weekly basis as listed below:

Duration of Service Bi-Weekly Accrual

0 to 4 Years of Service 3.08

5 to 9 Years of Service 4.62

10 + Years of Service 6.15

17.2 Vested but unused PTO hours will be paid at the employees’ regular rate of pay, upon termination of employment for any reason. Employees may carry over the amount equal to one year’s accrual of PTO into the following year. Any PTO above the carryover amount will be paid to the employees.

17.3 PTO pay shall be computed at the employee's regular base hourly wage rate at the time of the PTO and shall be limited to those hours the employee has vested as of the date the

PTO period commences. PTO may be taken in one-half (1/2) hour increments or more.

17.4 When a holiday, as defined in this Agreement, falls within the PTO period, such holiday hours shall not be charged as PTO hours.

17.5 PTO will be requested as far in advance as is practical. Requests will be granted on a first come, first served basis, provided that final approval of PTO requests rests with the

Company to ensure compliance with operational requirements.

17.6 Bereavement leave of three (3) days, with pay, will be provided for Company employees when an employee loses time due to a funeral or interment of a member of their immediate family. Company employees who are required to travel 500 miles or more from RSA to attend the funeral or interment of a member of their immediate family will, upon advance request and proof of such travel, be granted one additional paid day of bereavement Leave. Bereavement leave will be paid only upon request and with accompanying written particulars of the bereavement leave requested. Immediate family members are defined as a parent, step-parent, guardian, mother-in-law, father-in-law, child, step-child, spouse, brother, sister, brother-in-law, sister-in-law, grandparent, great-grandparent of employee or spouse, or grandchild.

Should an employee be on PTO during the time of a qualifying Bereavement Leave event, Bereavement Leave shall be paid, and the employees PTO time be reaccredited to their bank time.

17.7 Beginning December 1, 2017, employees will accrue Sick Leave at the rate of 1.0 hours per bi-weekly pay period for a total of 26 hours per year. This will increase to 2.15 hours per bi-weekly pay period for a total of 56 hours per year on December 1, 2018. Sick Leave does not have any cash value and will not be paid out upon termination. Unused Sick

Leave hours can accrue up to a maximum of 56 hours at which time accrual will stop until

Sick Leave is used and the balance drops below 56 hours.

ARTICLE 18 – JURY DUTY/WITNESS PAY

18.1 If an employee is summoned for jury duty, he/she shall deliver to the Company the summons calling the employee for such jury duty.

18.2 The Company will pay the employee the differential between the compensation received by the employee for serving on the jury and the employee's regular wage rate of pay for up to ten (10) days per year. Such compensation for any given day shall not exceed the number of hours per day that the employee is regularly scheduled to work.

18.3 Any employee summoned for jury duty shall return to work when not actually required by the Court to be in attendance for jury duty or jury selection. Certification from the court clerk must be obtained and provided to the Company for all dates the employee is required to appear. Failure to comply with the requirements of this paragraph shall cause all benefits payable under this Article to be forfeited.

18.4 Employees responding to a subpoena as a Company witness shall be on paid time.

18.5 Employees who are subpoenaed as a witness will be paid the differential between the compensation received by the employee for serving on as a witness (as long as the employee is not the litigant) and the employee's regular wage rate of pay for up to ten

(10) days per year. Such compensation for any given day shall not exceed the number of hours per day that the employee is regularly scheduled to work.

ARTICLE 19 - SAFETY AND HEALTH

19.1 The Company will make provisions for providing 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.

a. Employees will be reimbursed for safety shoes/boots up to $125.00 every year for the life of the CBA, beginning December 1, 2017. The employee shall provide a copy of the receipt back to the Company for reimbursement. The Company shall remit back to the employee the amount no later than thirty (30) calendar days.

b. The Company shall, once per year, reimburse employees up to $50.00 for the purchase of protective prescription eyewear. Receipts will be required for reimbursement.

19.2 Personal Protective Equipment (PPE). Safety devices and all Personal Protective

Equipment shall be furnished at no cost to the employee, if required by the Company or law.

ARTICLE 20 - BULLETIN BOARDS

20.1 The Company agrees to provide a bulletin board at each hangar the Company employee’s work for exclusive use of the Union for the purpose of legitimate business of interest to the employees as follows: (a) notice of meetings, (b) notice of official Union elections and results, (c) notice of official Union appointments, and (d) any other notice protected under concerted activity defined by the NLRA.

20.2 It shall be the responsibility of the Chief Steward/Stewards to post authorized notices and such notices shall include only those specified above.

ARTICLE 21 – TEMPORARY DUTY ASSIGNMENTS (TDY)

21.1 The senior volunteer employee(s) shall first be selected for temporary duty assignments

(TDY) away from Redstone Arsenal from the classification(s) needed to support the mission.

21.2 Employees who are on scheduled vacation during the time the period that the TDY is being assigned or the time period the TDY is scheduled to occur will not be eligible for the

TDY. However, in the absence of volunteers, employees who are at work when the TDY is being assigned but is scheduled to be on PTO during the time period in which the TDY is scheduled may volunteer for the TDY assignment and reschedule PTO to be taken during the current vacation year or carry over the vacation time to the next year.

Employees on TDY may not take any PTO during the TDY without prior consent of the

Company.

21.3 An employee who has accepted a TDY or is currently assigned to a…

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