Collective Bargaining Agreement (CBA)_20250214.pdf

Collective Bargaining Agreement

Between

Gemini Tech Services, LLC

VALI, INC

And

TRANSPORTATION WORKERS UNION OF AMERICA

AFL-CIO

October 16, 2022, through October 15, 2024

TABLE OF CONTENTS

ARTICLE 1 RECOGNITION

ARTICLE 2 AGENCY SHOP CLAUSE AND CHECK-OFF

ARTICLE 3 NON-DISCRIMINATION

ARTICLE 4 PROBATIONARY PERIOD

ARTICLE 5 MANAGEMENT RIGHTS

ARTICLE 6 VISITATION

ARTICLE 7 STEWARDS

ARTICLE 8 SAFETY PRACTICES

ARTICLE 9 JURISDICTION

ARTICLE 10 CONTRACTUAL WORK

ARTICLE 11 SENIORITY

ARTICLE 12 TEMPORARY TRANSFERS

ARTICLE 13 JOB VACANCIES

ARTICLE 14 LAYOFF AND RECALL

ARTICLE 15 DISCIPLINE AND DISCHARGE

ARTICLE 16 GRIEVANCE AND ARBITRATION

ARTICLE 17 HOURS AND WORK WEEK

ARTICLE 18 LEAVES OF ABSENCE

ARTICLE 19 NO-STRIKE / NO-LOCKOUT

ARTICLE 20 GENERAL

ARTICLE 21 CATEGORIES AND CLASSIFICATION

ARTICLE 22 WAGES AND OTHER COMPENSATION

ARTICLE 23 HOLIDAYS

ARTICLE 24 VACATIONS

ARTICLE 25 BENEFITS

ARTICLE 26 GOVERNMENT SUPREMECY & SECURITY

ARTICLE 27 SCOPE, WAIVER, AND ALTERATION OF AGREEMENT

ARTICLE 28 TERMINATION AND MODIFICATION

ARTICLE 29 WRAP-UP CLAUSE

ADDENDUM A – HOURLY WAGE SCHEDULE

PREAMBLE

This Agreement has an effective date of October 16, 2022, and is entered into by the Transportation Workers Union, AFL-CIO, Local 527 (“Union”) and Gemini Tech Services (“GTS”) and VALI, Inc. (collectively, “Employer” or “Company”). GTS and VALI shall be individually responsible for the administration of this Agreement as it may apply to their respective employees covered by Agreement.

The intent and purpose of this Agreement is to set forth the wages, hours, and other terms and conditions of employment of the employees covered by this Agreement, to provide for the adjustment of grievances, and to assure the continuous, harmonious, economical, and efficient relationship between the Employer and the Union.

ARTICLE 1 RECOGNITION

Section 1.1 GTS and VALI recognize the Union as the sole and exclusive collective bargaining agreement of the employees covered by the terms of this Agreement for the purposes of collective bargaining with respect to rates of pay, benefits and hours of employment as per NLRB Certification 05-RC-164989, in connection with GTS’s contract with the United States Army, Adjutant General, Human Resources Directorate at Fort Lee, Virginia (“Government” or “Government Contract”).

Section 1.2 The term “employee” as used herein shall include only those individuals employed by GTS or VALI in connection with the Government Contract referenced above.

The term does not include GTS or VALI employees at other locations or project sites.

Section 1.3 Excluded are temporary employees who are employed one hundred and eighty (180) consecutive calendar days or less, and confidential employees, professional employees, managerial employees, guards, and supervisors as defined by the National Labor Relations Act or by this Agreement

ARTICLE 2 AGENCY SHOP CLAUSE AND CHECK-OFF

(a) All employees shall, as a condition of employment, be required to make periodic tender of money to the Union. The first such tender is to be made in the first full payroll period following receipt by Employer of the signed dues authorization form, provided that it is understood that no employee shall be required to sign such form prior to his 30th day of employment. Upon written request to the union the employee shall receive a refund if she/he is terminated prior to completion of the ninety (90) day probation period. Failure of an employee to comply with this requirement shall, upon written request of the Union, result in the termination of such employee. This Section shall not preclude any employee who wishes to voluntarily become a member of the Union from doing so.

(b) When a new employee is hired in a job classification covered by this Agreement, the Employer agrees to furnish, to the Union, the following information within fifteen calendar days of the employee’s hire date: name, address, date of hire, social security number, classification, job location and shift assignment. The Employer shall also inform all newly hired employees of the “Agency Shop Clause” during employee orientation.

(c) It is understood and agreed that this Article in no way requires the employee to become or remain a member of the Union as a condition of employment. This provision shall not apply if such requirement for continued employment is prohibited by law. If the terms of this Agency Shop Clause are, in the future, declared unlawful by a court of competent jurisdiction, the provisions of the Article shall not apply.

(d) It is agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article. The Union shall indemnify the Employer and hold the Employer harmless from any claims, actions, or proceedings arising from deductions made by the Employer under this Article, including, any claim, loss, damage, cost, or expense arising out of the discharge of any employee or payroll deductions made pursuant to this Article. The Union agrees that the Employer shall not be required to make any investigation of but shall be entitled to rely on any representation made by the Union with respect to the discharge of any employee for failure to comply with the requirements set forth in this Article. Once the funds are remitted to the Union, their disposition shall be the sole and exclusive obligation and responsibility of the Union. In the event it is determined by any proper judicial or quasi-judicial forum that any employee was improperly discharged, or a deduction(s) improperly made by the Employer acting on the Union's advice, the Union will indemnify and hold the Employer harmless from any and all claims.

(e) The Union shall furnish the Employer a letter stating the Union dues formula to be used to compute monthly deductions. Such a letter shall be in effect for the duration of the Agreement unless modified by the Union. The Employer agrees to deduct Union dues from the pay of those employees who are employed during said month and who have executed and furnished the Employer, via the Union, a form authorizing payroll deduction of Union dues. If mutually agreeable between the Union and the employee, the employee may make other arrangements to pay dues.

(f) Each authorization form shall contain the name, social security number, employee number and signature of the employee executing the form. The Union accepts responsibility for the authenticity of each authorization form. Authorization forms which are incomplete or in error will be returned to the Union immediately for correction. The Employer shall begin payroll deductions for Union dues effective the pay period following receipt of properly completed and executed authorization forms.

(g) The Employer agrees to deduct one-half of the monthly dues from the first and second pay periods of each month, provided that deductions have been properly authorized, as outlined above, and, provided further that sufficient earnings remain to cover the Union dues after the deductions required by law. In those instances where there are three pay periods in the month, no dues will be deducted from the third pay period.

Such deductions shall continue in like manner thereafter, except as qualified herein.

(h) In cases where deductions for dues are made from the pay of any employee who has previously paid such dues, the Union will make refund directly to such employee.

(i) The Union shall provide to the Employer, in writing, the name and address of the official authorized to receive payment of Union dues deductions on behalf of the Union.

The Employer shall remit dues deductions on a monthly basis to the designated official no later than five (5) working days following the second pay period of each month. The monthly remittance shall include two (2) copies of a list of those employees for whom dues deductions were made. The list will include employee name, base hourly rate and amount of deduction.

(j) Payroll deduction authorizations shall be suspended when the employee (1) is transferred to a job that is not represented by the Union; or (2) is removed from the Employer’s payroll.

(k) Except as provided in Paragraph (j) above, a payroll deduction authorization shall remain in effect while an individual is employed by the Employer unless canceled by such employee. Such cancellation must be individually sent to the Employer’s Payroll Department and to the local Union office.

(l) In the event an employee who cancels a payroll deduction authorization, in accordance with Paragraph (k) above, wishes to resume deductions for amounts equal to Union dues, such employee shall be obligated to complete a new payroll deduction authorization.

(m) The obligations set forth in Section 2 of this Article shall be administered separately by GTS and VALI as applied to each company’s respective obligations.

(n) The Company shall also allow the Union to participate in new employee orientations and make its presentation to new employees within seven (7) calendar days of the employee’s hire date during working hours.

Section 2. Committee on Political Education (COPE) Payroll Deductions

The Employer agrees to handle Committee on Political Education (COPE) payroll deductions in the following manner. Periodically the Union will submit to the Employer payroll deduction authorization forms for the transfer of funds from Union eligible employees pay checks to the TWU Political Contributions committee.

The Employer agrees to begin deducting one-half of the monthly Cope payroll deduction from the first and second pay periods of each month effective the first pay period following receipt of a properly completed and executed authorization form.

Each authorization form shall contain the monthly deduction amount, name, social security number, employee number and signature of the employee executing the form.

The Union accepts responsibility for the authenticity of each authorization form.

Authorization forms which are incomplete or in error will be returned to the Union immediately for correction.

The Union shall provide to the Employer, in writing, the name and address of the official authorized to receive payment of the Cope deductions on behalf of the Union. The

Employer shall remit Cope deductions on a monthly basis to the designated official no later than five (5) working days following the second pay period of each month. The monthly remittance shall include two (2) copies of a list of those employees for whom

Cope deductions were made. The list will include employee name, base hourly rate and amount of deduction.

The Union shall indemnify the Employer for all COPE payroll deductions consistent with the indemnification obligations outlined in Section 1 above.

ARTICLE 3 NON-DISCRIMINATION

Section 3.1 Neither the Employer nor the Union shall discriminate against or in favor of any employee on account of their race, creed, color, ancestry, age, sex (including pregnancy, childbirth, or related medical conditions), religion, national origin, disability (mental or physical), medical condition, genetic information, family or medical leave status, veteran status, marital status, sexual orientation, gender identity, or any other basis protected by federal, state, or local law or ordinance.

Section 3.2 Should any issue or dispute arise concerning any of the obligations set forth in Article 3, they may be addressed though the grievance procedure and/or through available remedies under applicable federal or state law. However, the Union and the Employer agree that grievances brought under Article 3 shall not be arbitrable if the same issue has been submitted to the Federal or State government agency and / or Federal or State court within the appropriate jurisdiction.

ARTICLE 4 PROBATIONARY PERIOD

Section 4.1 Newly hired employees will be probationary employees for the first ninety

(90) calendar days of work.

Section 4.2 A newly hired probationary employee may be disciplined or discharged in the sole discretion of the Employer, and the discipline or discharge of such probationary employee is without recourse under this Agreement.

Section 4.3 No new-hire employee will acquire any seniority status until completion of his probationary period. Upon completion of his probationary period, an employee’s seniority will then date back to his date of hire.

Section 4.4 A newly promoted or internally transferred employee will also serve a probationary period of sixty (60) calendar days. The employee, upon being promoted, will be paid at the rate of pay for the position effective the first day the employee commences work at the new position. If the employee’s work performance is not satisfactory, the Employer will return the employees to his/her former position if the position has not been filled. If the employee’s prior position has been filled, the Employer and the Union shall meet to discuss potential placement of the employee. If there are no open positions, the employee shall be placed on a recall list pursuant to Article 11 of this Agreement.

Section 4.5 If the employer has not had adequate time (i.e. timely issue of CAC card) to fully evaluate the qualification of the newly-promoted or newly-hired employees the applicable probationary period may be extended by mutual written agreement between the Employer and the Union for an additional time frame of which the employee be notified.

ARTICLE 5 MANAGEMENT RIGHTS

Section 5.1 It is agreed that the Employer hereby retains and reserves unto itself, without limitation, all the powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitutions of the Commonwealth of Virginia and the United States, including, and without limiting the generality of the foregoing, the rights to:

a. Manage its operations generally, including, but not limited to, the executive management and administrative control of the Employer, its properties, equipment, facilities, and operations and to direct the activities and work of its employees;

b. Hire all employees and determine their qualifications and the conditions of their continued employment;

c. Promote, transfer, schedule, and assign all employees;

d. Determine the size of the work force, and to expand or reduce the work force;

d. Establish, eliminate, continue or revise any personnel and employment policies and/or work rules and regulations;

e. Suspend, demote, discharge or take other disciplinary action for just cause;

f. Layoff employees from duty due to lack of work or for budgetary reasons;

g. Establish, modify or change any work, business schedules, hours or days;

h. Determine the services, supplies and equipment to conduct its operation, including the distribution thereof, establish standards of operation and performance, and determine the means, methods and processes of performing and/or-accomplishing the work to be done, including the assignment and distribution of tasks and work among any of its work force;

i. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations and determine the size of its administrative organization, its functions, authority, amount of supervision and table of organization;

j. Take any reasonable action necessary in order to maintain the safety of the Employer or employees;

k. Decide the location, number, and layout of the work areas, except as otherwise set forth in this Agreement;

l. Decide the processes of production and the preparation and manner of service, taking into account cost-containment;

m. Determine the schedules of work and the assignment of overtime;

n. Maintain order in all places of work;

o. Determine and update job contents and descriptions, except as otherwise set forth in this Agreement;

p. Introduce new or improved methods, equipment, or facilities;

q. Determine whether services should be expanded, curtailed or discontinued, and determine the location of service units within the Employer or contracting with third parties to render such services;

r. To select or change any third party administrators, record keepers or vendors that administer any employee benefit plans.

s. To cross-train employees and use employees in a cross-functional capacity, except as otherwise set forth in this Agreement.

t. To determine whether and to what extent the work required by the Employer shall be performed by employees covered by this Agreement, by supervisors, or by non-employee contractors;

u. To establish and enforce reasonable work and performance standards.

Section 5.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Employer, the adoption of policies, rules, regulations and practices in the furtherance thereof, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with the Constitution and laws of the Commonwealth of Virginia and the United States. The non-exercise by the Employer of any such function, power, authority or right in a particular manner, shall not be deemed a waiver of the right of the Employer to exercise such function, power, authority or right, or to preclude the Employer from exercising same in some other manner, so long as it does not conflict with an express provision of this Agreement.

ARTICLE 6 VISITATION

Section 6.1 It is hereby understood and agreed that if and when non-employee union representatives are permitted access by the Government to the installation and to the AG HRD, Building 3400, on which the Employer’s operations are located, such representatives shall have access to the Employer’s work site. The Employer may require at least a one workday, 24-hour advance notice, to seek approval from the AG, HRD Contracting Officer Representative for access to Building 3400. This privilege is only to be exercised so that no employee is interrupted during working time for the purpose of conducting union business. Upon request by the Union and the presentation of proper credentials, officers or accredited representatives of the Union shall be admitted into the buildings serviced by the Employer during working hours for the purpose of ascertaining whether this Agreement is being observed by the parties and to assist in the adjustment of grievances. Visitation shall not be in areas or at times that would be detrimental to the management and function of the operation. Such representatives shall inform a member of management of the nature of their visit prior to admission to Employer premises and of their departure when the visit is completed. All other union business of such representatives shall be conducted off site.

ARTICLE 7 STEWARDS

Section 7.1 Employees shall be represented by Shop Stewards who are selected by the employees and the Union. The Union shall furnish a list of Shop Stewards to the Employer. Shop Stewards shall be Company employees.

Section 7.2 Reasonable arrangements may be made, with immediate supervisors, to allow Shop Stewards time off, without pay, for the purpose of investigating and adjusting grievances. However, the parties agree that Shop Stewards will be paid for all time spent in meetings called by the Employer.

Section 7.3 If shop Steward Representation is required at Union negotiation meetings, i.e. Addendums/MOAs/Follow-on CBA negotiations, such representation will be compensated by the Union. The employee may take Vacation, Paid Time Off or leave without pay for these duties. Time off for these duties shall be coordinated by the Employer and the Union.

ARTICLE 8 SAFETY PRACTICES

Section 8.1 The Employer is committed to maintaining a safe and healthy working environment that conforms with applicable federal and regulatory standards.

Section 8.2 The Union recognizes that employees, in carrying out their duties, must comply with applicable federal and regulatory standards.

Section 8.3 Employees agree to cooperate and participate in the Employer’s basic safety programs including such training during normal working hours as may be deemed necessary by the Employer and/or the Government.

Section 8.4 Employees will notify the Employer in writing of any such job hazard as soon as they become aware of such unsafe areas, conditions or equipment. The Employer, upon notification of any alleged unsafe condition, shall investigate such condition, and make adjustments in such condition, or alternatively, recommend to the party responsible for the premises that it make such adjustments, if, in the Employer's investigation, the alleged condition is found to be a potential hazard. The Company will report back in writing to the employee the adjustment or action to be taken to eliminate the alleged hazard to the employee.

Section 8.5 Grievances brought under this Article are subject to arbitration. The arbitrator, however, shall have no authority to hold the Employer responsible, financially, or otherwise, for matters outside of its control.

ARTICLE 9 JURISDICTION

Section 9.1 Persons not covered by the terms of this Agreement may temporarily perform work covered by this Agreement for the purpose of instructional training, experimentation, to provide coverage for work not being performed by members of the bargaining unit due to absence from work or in cases of emergency, to meet Government-provided deadlines, or in response to a Contract Deficiency Report issued by the Government. The Employer agrees that bargaining unit employees will not be displaced or replaced by such use of persons not covered by the terms of this Agreement.

ARTICLE 10 CONTRACTUAL WORK

Section 10.1 The right of contracting or subcontracting is vested in the Employer.

However, if the Employer elects to hire additional employees to accommodate any expansion of services and/or workload on a consistent and routine basis under GTS’s contract with the Government, the employees shall be covered by this Agreement consistent with NLRB Certification 05-RC-164989.

ARTICLE 11 SENIORITY

Section 11.1 Seniority is defined as an employee’s length of continuous service with the Employer or predecessor contractor(s) in a classification represented by the Union, commencing with his/her most recent date of hire into the bargaining unit. In the event that two (2) or more employees are hired on the same day, the most senior employee shall be determined by using the last four (4) digits of the employees’ Social Security number, the most senior being the employee with the lowest number.

Section 11.2 A break in seniority shall occur in the following events:

a. The employee resigns or has successfully completed the applicable probationary period in a non-bargaining unit position.

b. The employee is discharged for cause.

c. The employee is laid off for more than one year.

d. The employee fails to return to work upon the expiration of an authorized leave of absence, except where the employee presented medical documentation s/he was incapacitated and unable to contact the Employer.

e. The employee is absent for three (3) consecutive workdays without notification to the Employer, except in cases where the employee presents medical documentation that s/he was incapacitated and unable to contact the Employer.

Section 11.3 The employee loses seniority, upon recall from layoff if he/she fails to respond within seven (7) working days after mailing of notice of recall by certified mail, return receipt to the employee’s last known address.

Section 11.4 Employer shall provide the Union with an up-to-date seniority list on the effective date of this Agreement, at the start of each contract year under GTS’s contract with the Government, and at the termination of the Government contract and/or upon request by the Union.

ARTICLE 12 TEMPORARY TRANSFERS

Section 12.1 An employee temporarily transferred/upgraded to an occupation code, at the direction and approval of the Company, carrying a rate of pay higher than his or her regular classification will receive the rate of pay applicable to the job with the higher rate of pay for all time worked in the higher paying job. At the conclusion of the temporary transfer/upgrade, the employee will be returned to his/her original position and rate of pay. If an employee is temporarily transferred to an occupation code carrying a lower rate or same rate of pay, the employee will continue to receive his/her original rate of pay.

Section 12.2 Temporary transfers shall be for a period of ninety (90) calendar days or less, unless both parties mutually agreement in writing to an extension.

Section 12.3 If it becomes necessary to train an employee for a job in a higher occupation code, the employee will receive his/her original rate of pay during the training period, not to exceed thirty (30) days. Upon successful completion of the training period, the employee will receive the higher rate of pay for that classification provided the employee continues to work in the higher classification.

Section 12.4 In an effort to ensure equitability when filling temporary upgrades, shift assignments, or training, the Employer will give due consideration to all factors including ability, qualifications, seniority within job classification, attendance, discipline and other contractual requirements.

Section 12.5 An employee who is assigned in writing the duties of the initial training of other employees by the program manager and/or completing additional tasks relegated to the lead in their section shall be considered temporarily transferred to the lead’s occupation code and will receive the rate of pay applicable for all time worked in the temporary job.

ARTICLE 13 JOB VACANCIES

Section 13.1 This Article applies to new positions and open positions that are covered by this Agreement.

Section 13.2 When the Employer determines, in its sole discretion, that a vacancy within the bargaining unit exists, the Employer will distribute a notice of the vacancy to bargaining unit employees by e-mail. The notice shall include a closing date that allows employees seven (7) working days from the date of the notice to apply for the vacant position. Working days are defined as Monday through Friday, excluded recognized holidays. All notices shall include the following information:

a. Date of Notice

b. Closing Date

c. Job Classification

d. Job Duties

e. Pay Rate

f. Hours of Operation & Location

g. Minimum Qualifications

Section 13.3 When the position is to be filled, it will be awarded on the basis of skill, ability, qualifications, relevant job experience, and relevant discipline, as determined solely by the Employer. However, when these factors are relatively equal the employer will award the position to the qualified senior applicant. Nothing in this Section, however, is intended to limit the ability of the Employer to seek and select the most qualified person for the job. If the Employer adopts written standards for promotional opportunities those written standards will be shared with the Union.

Section 13.4 The Employer will consider external candidates only if no internal candidates are qualified and available for the vacancy.

Section 13.5 The Employer has a policy regarding hiring relatives (family members).

Going forward, the Employer will not entertain employment applications from applicants who are related through blood or marriage to an employee on the contract. This does not affect or apply to any current employees in their continued employment or in their ability to transfer and / or gain promotion on the contract.

ARTICLE 14 LAYOFF AND RECALL

Section 14.1 A “layoff” is a separation from employment for the purpose of reducing the work force or for other legitimate business reasons. The Employer will endeavor to provide thirty (30) days’ layoff notice to affected employees, however, there will be a minimum of ten (10) working days’ notice of any intended layoff.

Section 14.2 Employees shall be laid off according to their bargaining unit seniority date.

If a layoff is necessary, the least senior employees in the affected classification will be notified and will be permitted to bump a less senior employee occupying a different job classification provided that: (1) the classification is of less or equal pay than the employee’s present classification, and (2) the employee is qualified to perform the duties of the job classification.

Section 14.3 Specialized training / technical experience or a high-level security clearance may override seniority guidelines when specific technical expertise is required to accomplish the mission, such as the performance of duties related to facilitating the acquisition of systems accesses or security clearances.

Section 14.4 Recall after a layoff shall be in accordance with the bargaining unit seniority of the employees who were subject to layoff. Employees, who are terminated or displaced as a result of layoff, shall remain on the recall list, by seniority, for eighteen months (1 and ½ year.

Section 14.5 Employees, who are laid off in accordance with this section and are recalled, will be given prompt notice of the recall by certified mail at the address on file with the Employer, and a phone call to the last telephone number on file with the Employer. A copy of the same letter will also be sent to the Union by regular mail. The employee must respond in writing to the written notice within five (5) working days of the mailing of the certified letter, and if he or she does not, they will be removed from the recall list.

Section 14.6 Part-time employees on layoff shall have recall rights to a full-time position only if he or she is willing to work the required full-time schedule of hours.

Section 14.7 The Employer will provide the Union with an updated seniority list after any layoff.

ARTICLE 15 DISCIPLINE AND DISCHARGE

Section 15.1 After completion of the new-hire probationary period, no employee shall be dismissed or otherwise disciplined without just cause unless the employee is removed from working under the GTS’s contract by the Government or at the request of Government due to a documented security concern or incident. Should a non-probationary employee wish to contest discipline made by either employer (i.e., not due to an action or request of the Government), a written notice thereof shall be given to the applicable employer within seven (7) work days of the discipline in which event the issue shall thereafter be submitted to, and determined under the Grievance Procedure commencing with Step 2.

Section 15.2 Discipline may include verbal warnings, written warnings, suspension, demotion, and discharge. However, the Employer is not limited to these levels of discipline, and may impose different corrective action, such as remedial or additional training, in its discretion. The Employer also reserves the right to institute discipline against employees beginning at any of these levels, based upon the severity of the infraction and the employee's personnel record, as determined by the Employer.

Repeated violations, regardless of their nature will not be tolerated. Once warned, employees are expected to improve their performance and/or behavior.

Section 15.3 Discipline or discharge will be administered within fifteen (15) working days of the date on which the Employer became aware of the conduct on which the discipline or discharge is based, provided that this period will be extended when circumstances beyond the Employer’s control make it impossible to do so.

Section 15.4 The Employer shall provide notice to the Union of the discipline or discharge of any employee by either mailing a letter to the Union or by sending an email to the Union, providing the reason for the disciplinary action. The Employer will also notify a Shop Steward of the disciplinary action.

Section 15.5 The employee shall have recourse to the contractual grievance procedure if subject to the disciplinary process.

Section 15.6 Before conducting an investigatory meeting that may lead to discipline, the employee may request that a Union representative be present. The role of the Union representative is to assist the employee and the representative may also attempt to clarify the facts or suggest other individuals who may have knowledge of them. The Employer retains the right to insist on hearing the employee’s own account of the matter(s) under investigation uninterrupted by the Union representative. This Section does not apply to meetings at which discipline is simply to be administered.

Section 15.7 Verbal or Written warnings shall be removed from an employee's personnel file after a period of twelve (12) months has elapsed without an occurrence of disciplinary action against the employee.

ARTICLE 16 GRIEVANCE AND ARBITRATION

Section 16.1 For purposes of this Agreement, a “grievance” is defined as a dispute or disagreement between the Employer and an employee arising under and during the term this Agreement by an employee or the Union against the Company alleging a violation, misinterpretation or misapplication of one or more express provisions of this Agreement.

A controversy as to any matter not specifically covered by an express provision of this Agreement, or which arose prior to the signing of this Agreement, shall not be subject to the grievance or arbitration procedures. The procedures set forth in this Article shall be the exclusive means for the disposition of all grievances under this Agreement.

Newly hired probationary employees may be disciplined or discharged by the Employer without recourse to the grievance and arbitration procedure.

The parties acknowledge that it is desirable for an employee and immediate non-bargaining unit supervisor to attempt to resolve workplace complaints, disputes, and/or disagreements by open and informal communications, if possible. If a problem is settled in this manner, such problems will not be considered grievances and their resolution will not establish precedent for the resolution of similar problems or disputes between those individuals or elsewhere involving the Employer. If, however, informal discussions do not resolve the issue, a grievance must be processed as follows:

Section 16.2 Step One: The party filing the grievance, as outlined in Section 15.1 above, must submit the grievance in writing on a standard form to the employee’s Project Manager specifically stating that the matter is a grievance under this Agreement. The grievance must be dated and signed by the employee and Union representative. The written grievance shall contain the following:

a) A statement of the occurrence-giving rise to the grievance, containing all known pertinent facts;

b) The Article and paragraph of this agreement alleged to have been breached or violated, and the manner in which it was breached or violated;

c) The date, time and place of the alleged violation;

d) The names of the persons present, if known, having direct personal knowledge of the facts involved;

e) A statement of what the aggrieved considers a reasonable and appropriate adjustment of the grievance.

(f) The grievance shall be signed by the grieving employee.

Grievances missing any of the above elements shall not be considered. All grievances must be submitted no later than ten (10) working days after the employee became aware, or should have reasonably been aware of the event giving rise to the grievance. The Project Manager, if requested, shall meet with the aggrieved employee and/or Union representative, if requested, within five (5) working days after receipt of the grievance, and shall give his/her answer to the employee in writing within ten (10) working days after such grievance is presented. Human Resources will also forward a copy of the response to an appropriate e-mail address provided by the Union. Grievances filed in response to a termination of employment may start at Step two as written in this procedure.

Step Two: If the grievance is not settled at Step 1, the Union and/or the employee may submit the grievance in writing at Step 2 to GTS’s Chief Operating Officer and VALI’s VP/General Manager for Training and Logistics Service Division within fifteen (15) working days after receipt of the Company’s answer in Step 1, or within fifteen (15) working days after that answer was due. GTS or VALI, as appropriate, will investigate and, in the course of such investigation, shall meet with the employee and/or Union representative and/or delegate, if requested. If no settlement of the grievance is reached at this meeting, the applicable company will provide a written answer to the grievance within ten (10) working days after this meeting, or within fifteen (15) working days of the receipt of the Step 2 grievance, whichever occurs first. Employees are prohibited from advancing grievances past Step 2 (i.e. to arbitration) without consultation and representation from the Union.

Step Three: If the grievance is not satisfactorily resolved in Step Two, the Union may within ten (10) working days after receipt of the Step Two answer request that the grievance be resolved by an impartial arbitrator. Such a request must be in writing and must be submitted to the Human Resources Department for GTS and the Director of Human Resources for VALI. If the Union fails to request arbitration within ten (10) working days after receipt of the Company's Step Two answer, the matter shall be considered settled based on the Company’s Step Two answer.

In the event arbitration of the grievance is requested, either party may within five (5) working days request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators from which an arbitrator for the grievance shall be selected by the parties.

The decision of the arbitrator shall be final and binding on the parties. However, the arbitrator shall have no power to: (a) add to, subtract from, alter, or in any way modify the terms of this Agreement or the Government Contract; (b) interpret or apply law, including but not limited to the requirements of the Service Contract Act and implications of Wage Determinations as well as any other legal obligation referred to in this Agreement; or (c) consider any matter or substitute his/her judgment for that of the Government regarding a request of the Government.

Any award of back compensation shall not predate the date of the grievance by more than ten (10) working days, and shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received, but with the exception of income earned by the employee from a position that he or she held at the time of the discipline), as well as being fully adjusted by any failure on the employee’s part to attempt to mitigate his/her damages.

Section 16.3 If a grievance affects more than one employee, only one employee shall represent the other grieving employees at all steps of the grievance procedure except arbitration.

Section 16.4 The number of days provided for in the presentation and processing of grievances in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified may, however, be extended by written mutual agreement, which may include e-mail. The failure of an employee or the Union to proceed to the next step of the grievance procedure within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance. The failure of the Employer to answer a grievance within the time limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure.

Section 16.5 Should the union want employees to be witnesses at any arbitration hearing, the union will be responsible for any lost pay incurred by the employee. Further, the union will notify the Company within ten (10) working days prior to the hearing of the names of the employees who will be witnesses. The Company may stagger the release of the employees so as to not interfere with production.

Section 16.6 For purposes of computing time under any of the provisions of the Article, time shall begin on the day after the occurrence, answer, or meeting.

Section 16.7 The arbitrator shall hear only one grievance at a time.

Section 16.8 The administration fees of FMCS and the fees and expenses of the arbitrator shall be shared equally by the Union and the Employer.

ARTICLE 17 HOURS AND WORK WEEK

Section 17.1 Work Week

(a) The workweek shall generally consist of forty (40) hours for full-time employees.

The work week for GTS employees will begin at 12:00 a.m. on Sunday and end one hundred and sixty-eight (168) hours thereafter. The work week for VALI employees will begin at 12:00 a.m. on Saturday and end one hundred and sixty-eight hours thereafter.

The pay-period is a two (2) week period with the employees being paid 26 times a year.

(b) The normal work-day shall generally be eight (8) consecutive hours for full-time employees, exclusive of the unpaid lunch period.

(c) Changes in hours or assignments to shifts may be made whenever necessary based on operational reasons or Government directives. Except in emergencies, a two-week notice shall be given in advance of such changes.

Section 17.2 Employee Notification

Employees who are unable to perform their duties because of illness or injury should whenever possible, notify their immediate supervisor of that fact within two (2) hours prior to the start of the scheduled working hours. In the event that an illness or injury extends beyond the first workday, the employee and the employee's immediate supervisor may make arrangements as to the frequency of continued notification by the employee of the illness or injury.

Section 17.3 Overtime

(a) Employees may be required to work overtime to cover pressing situations or operational needs.

(b) The Employer shall make reasonable efforts to distribute overtime equitably within its functional units.

Section 17.4 Emergency Facility Closings

When facilities serviced by employees under this Agreement are closed due to weather conditions prior to the commencement of the shift, only specified and notified emergency support employees are to report to work as directed. All other employees will receive report to work instructions by monitoring the Post website and local media announcements, or at the direction of the Company. An emergency support employee directed to report to work, and unable to do so, shall notify their immediate supervisor as soon as possible.

In the event of Post closure, only employees designated as essential personnel are required to report to work. Once the announcement has been made that the Post has reopened, all other personnel are to report to work.

ARTICLE 18 LEAVES OF ABSENCE

Section 18.1 Medical leaves of absence will be granted as follows:

(a) An employee who, because of illness or accident which is non-compensable under the

Worker’s Compensation Law, if physically unable to report for work, shall be given a leave of absence without pay, and without loss of seniority, for a period of time up to twelve (12) weeks, which may be extended by mutual agreement, provided the employee promptly notifies the Employer of the necessity, and, provided further that the employee supplies the Employer with a certificate from a medical doctor of mutual choice, of the necessity for such absence and for the continuation of such absence, when the same is requested by the Employer. In the case that the Insurance Provider requires the employee to submit to an Independent Medical Exam (IME) the employee will agree to that requirement, failure to comply with that requirement could result in denial of insurance benefits as well as subject to disciplinary actions addressed in the Company’s Employee Handbook and/or CBA. During a leave of absence employees will be required to maintain insurance coverage at their expense, inclusive of STD, LTD and AD&D coverages.

(b) Leaves of absence without pay and without loss of seniority shall be granted for up to twelve

(12) weeks for prolonged serious illness in the immediate family, which includes spouse, children and parents.

• The birth of the employee’s child;

• The placement of a child with the employee for adoption or foster care;

• The employee’s need to care for a child, spouse, or parent who has a serious health condition;

• The employee’s inability to perform the functions of his/her position because of a serious health condition;

• Military Family Leave entitlements;

• Up to 26 weeks of unpaid leave may be granted to an immediate family member or next of kin of a service member with serious illness or injury, who will be cared for by the employee.

This leave maybe taken on an intermittent basis when certified by a medical provider.

During such leave, the employee may be periodically required to furnish a report from his/her physician when requested by the Employer. Upon expiration of said leave, the employee shall provide the Employer with a statement, signed by his/her physician, which establishes the fitness of the Employee to return to work.

This absence will be without loss of seniority and may be extended by mutual agreement provided the employee notifies the employer of the necessity and medical certification is provided.

Section 18.2 Leaves of absence without pay, and without loss of seniority, will be granted as required by law to employees who are active in the National Guard or a branch of the Armed Forces Reserves for the purpose of fulfilling their required annual field training obligations, provided such employees make written request for such leave of absence immediately upon receiving their orders to report for such duty.

Section 18.3 Leaves of absence without pay, and without loss of seniority, may be granted for reasonable periods of time for training related to an employee's regular duties.

The employee should give six (6) months advance written notice whenever possible. The Employer has sole discretion whether to grant such leave of absence.

Section 18.4 An employee, upon request, may be granted an unpaid leave of absence not to exceed one (1) year for the purpose of parental care of the employee's newborn child or newly adopted infant child. Seniority shall not accrue during the unpaid leave.

Section 18.5 Any employee in the bargaining unit who is either elected or appointed to a position or office in the Union, the duties of which require their absence from work, shall be granted a leave of absence without pay or benefits as needed not to exceed the term of such office or position. The employee shall accumulate seniority during the period of leave of absence.

Section 18.6 All reasons for leaves of absence shall be in writing stating the reason for the request and the approximate length of leave requested. A copy shall be sent to the Union. Leaves of absence may be granted at the discretion of the Employer for reasons other than those listed above when they are deemed beneficial to the Employer.

Section 18.7 An employee may apply for an unpaid personal leave of absence for up to ninety (90) days’ duration. The granting of said requests shall be at the sole discretion of the Employer. A request that is denied shall have the reason(s) for the denial stated on the request form.

Section 18.8 The Employer will make reasonable efforts to maintain an employee’s position while an employee is on a leave; however, there is no guarantee of reinstatement from any unpaid non-statutory leave if such leave exceeds sixty (60) days. If there are no open positions, the employee shall be placed on a recall list pursuant to Article 11 of this Agreement.

Section 18.9 Employees will not receive H&W dollars while on an unpaid leave of absence.

Section 18.10 Leaves of absence with or without pay will be granted to employees who are not allowed to report to or stay at work due to guidelines, protocols and/or directions that were issued by the Company and/or Federal, State or Local Government in response to a National, State or Local Emergency. Such absences shall not be the subject of disciplinary action or be used to support any type of disciplinary action. The request for a leave or absence or without pay must be accompanied by documentation issued by the Company and/or Federal, State or Local Government that necessitates the request.

ARTICLE 19 NO-STRIKE / NO-LOCKOUT

Section 19.1 It is hereby agreed by the Union and the Employer that the Union will not resort to strikes (which include stoppages or slow-downs of work) during the life of this Agreement. Accordingly, neither the Union nor the employees will instigate, promote, sponsor, engage in, honor, support or condone any strike, sympathy strike, slow-down, sit-in, picketing, demonstration, concerted work stoppage or any intentional interruption of work during the life of this Agreement.

Section 19.2 Any violation of Section 19.1 shall subject an employee to discipline, including discharge, and only the question of whether or not the employee did in fact engage in the prohibited conduct shall be subject to the grievance and arbitration provision of this Agreement. An arbitrator shall have no authority to modify the discipline imposed by the Employer if the arbitrator determines that the employee violated Section 19.1

Section 19.3 It is further agreed that the Union and its local representatives will actively discourage and publicly denounce any such interruption of work in violation of this Agreement, and will endeavor to secure immediate compliance with provisions of this Article by all employees who engage in conduct prohibited by the provisions of this Article.

If the Union satisfies this affirmative obligation, the Employer agrees there shall be no liability on the part of the Union or any of its local officers or representatives for any damages resulting from such strike, slowdown or stoppage of work unless any of the events listed above in this Article has actually been called, authorized, sanctioned, condoned or ratified by the Union or any of its representatives.

Section 19.4…