PREAMBLE

 

This Agreement is made and entered into this 1st day of March 2013 by and between Northrop Grumman Technical Services, Inc. (hereinafter referred to as the Company) and Teamsters Union Local No. 166 (hereinafter referred to as the Union).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE 01.00.00  INTENT AND PURPOSE

 

01.01.00               It is the intent and purpose of the Company and the Union to set forth herein the entire Agreement with respect to wages, hours, and working conditions as related to the government contract covered by this Agreement.

 

01.02.00               Further it is the intent of the Parties to secure maximum efficiency of the operation and maximum production of the employees; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions.

 

01.03.00               It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a fair and prompt grievance procedure for the peaceful settlement of employee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

ARTICLE 02.00.00  MANAGEMENT RIGHTS

 

02.01.00               Except to the extent expressly abridged by a specific provision of this Agreement, the Company reserves and retains, solely and exclusively all of its Common Law rights to manage the business.  The sole and exclusive rights of management which are not specifically abridged by this Agreement shall include but are not limited to its right to determine the existence or nonexistence of facts which are the basis of a management decision; to determine prices of products and services, levels of service, volume of production, methods of financing; to drop a service or product line; to sell or lease the business or modify policies, practices or procedures; to determine and from time to time re-determine the number, location, relocation and types of its operation, and the methods, materials, equipment and facilities to be employed; to discontinue services or operations or to discontinue the performance of such services or operations by employees of the Company; to utilize suppliers and subcontractors; to determine the number of hours per day or per week services or operations shall be carried on; to select and to determine the number and qualifications of persons to be employed or assigned specific jobs; to assign work to such employees in accordance with the requirements determined by management; to establish and change work schedules and assignments; to transfer, promote or demote employees or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to determine the fact of lack of work; to make and enforce reasonable rules for the maintenance of discipline, security and safety; to suspend, discharge or otherwise discipline employees for just cause and otherwise to take such measures as management may determine to be necessary for the orderly and efficient operation of the business.

 

02.02.00               The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing rights which do not conflict with the provisions of this Agreement and nothing in this Article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management, including the right to make such agreements and enter into such agreements as may be necessary to the successful operation of its business.

 

02.03.00               The management rights expressed in Articles 02.01.00 and 02.02.00 above shall not be deemed to limit any rights of the Union contained in this Agreement.

 

02.04.00               All predecessor contractor past practices and all past practices prior to the date of this Agreement are hereby null and void and shall not constitute a precedent in the enforcement of the terms and conditions set forth in this Agreement.       

ARTICLE 03.00.00  UNION RECOGNITION

 

03.01.00               The Company recognizes the Union as the sole and exclusive representative for the purpose of Collective Bargaining with regard to wages, hours, and terms and conditions of employment in accordance with Section 9(a) of the National Labor Relations Act, as amended, for Full-Time and Part-Time hourly employees of the Company, employed at the Fort Irwin Project on contract number Task Order number W9124B-12-C-0007 and its successor contracts.

 

Included:  All nonexempt production and maintenance employees; all hourly Computer Operators certified on 16 November 1988 in NLRB Case #31-RC-6459; and all Leads.

 

Excluded:  All other employees, Confidential Secretaries, Division Managers' Secretaries, all Human Resources employees, Industrial Security Officers, Purchasing Agents, salaried Systems Analysts, salaried Software Specialists, Professional Employees, Guards and Supervisors as defined in the Act.

ARTICLE 04.00.00  UNION SECURITY

 

04.01.00       Current employees and those hired after the execution of this Agreement shall, immediately following thirty (30) calendar days from the employee’s date of hire, or the effective date of this Agreement, whichever is later, as a condition of continued employment, elect to either:  (1) become a member of the Union in good standing by paying the Union’s initiation fee and monthly dues and other charges pursuant to the Local Union bylaws; (2) pay uniform initiation fees and monthly dues, and choose not to become a Union member; (3) become a Service Fee Payer and pay a percentage of the initiation fee and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures ("Service Fee").   A Service Fee Payer is not a Union member as referenced to in Appendix "B".  

04.01.01       If an employee's employment is interrupted due to temporary layoff or Leave of Absence for more than a calendar month, the Union will be notified so that the employee may be placed on honorable withdrawal from the Union.  When the employee returns to work, the Union will be notified so that the employee may be placed on active status.

                04.01.02       The Company, upon written request of the Union Business Representative, shall provide to the Union the status of employees for the purpose of reconciling the employee's membership status.

04.02.00               No employee shall be considered as having failed to maintain the employee's membership so long as the employee regularly tenders uniform periodic monthly dues and/or uniform initiation fee, if required, or applicable service fee to the Union.  The Company need not terminate any employee for failure to maintain membership hereunder unless the employee fails or refuses to cure the dues delinquency within ten (10) days after the Union has given the Company a written notice by registered mail requesting such termination.  Before sending the Company such request, the employee shall first be given notice in writing by the Union to pay the delinquent dues and/or initiation fee.  A copy of such notice shall be sent to the Company.

04.03.00               After the hire of any new employee, the Company shall notify the Union in writing of the employee's name, social security number, address, date of hire, location of employment, classification and rate of pay.

 

04.04.00               The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article including the reasonable costs of any defense made necessary by any such liability, claim, suit or dispute. 

ARTICLE 05.00.00  CHECK OFF

 

05.01.0   0              The Company will check off employee’s monthly dues, initiation fees and assessments each as designated by the Union, as membership dues, on the basis of individually signed voluntary check-off authorization cards on forms as shown in Appendix B and according to the terms as set forth in the deduction authorization. Any employee desiring to have such deductions must sign a proper form authorizing such deduction from the employee’s pay. Such a written authorization may be revoked by the employee by written notice to the Company and the Union during the ten (10) day period prior to the end of any such applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective Bargaining Agreement, whichever occurs sooner. 

 

05.02.00               In case any employee does not have the total amount of any deduction, or more, due the Union on any payroll from which deductions are made in respect of other such employees, the deduction shall be made out of the next succeeding payroll upon which such employee has the total amount, or more, due.  It is agreed that authorized deductions for government taxes and for the purpose of paying indebtedness to the Company, garnishments and deductions required by law to be made by the Company shall have priority over deductions for Union dues.

 

05.03.00               Upon receipt of an employee’s signed authorization form, the Company shall deduct the initiation fee and membership dues from the first paycheck of each calendar month. The Company will promptly remit these dues, initiation fees and assessments to the Union no later then the twentieth (20th) of each month in which it is taken. The Company transmittal of monthly dues and initiation fees shall include the names for which deductions are made.  The Union shall indemnify, defend and hold the Company harmless against any and all claims or liabilities arising out of the administration of this Article.   

 

05.03.01               The Union will provide the Company a billing statement by the twenty-fifth (25th) of each month for deductions to be taken in the current month.

 

05.04.00               The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with this Article including the reasonable costs of any defense made necessary by such liability, claim, suit or dispute.

 

05.05.00               The authorization for deduction of check-off of dues is shown in Appendix "B".

ARTICLE 06.00.00  SHOP STEWARDS/VISITATION

 

06.01.00               The Company agrees to recognize the Stewards and Chief Steward duly authorized by the Union to represent those employees covered by the terms of this Agreement.  The number of Stewards and Chief Steward shall be in that number required by the Union to assure each employee in the Unit ready access to a Steward.  It is agreed that this objective can be achieved by having no more than one (1) Steward per forty (40) bargaining unit employees and the placement of the Stewards shall be consistent with this ratio exclusive of second (2nd) and third (3rd) shifts. As needed, the Parties will meet and discuss staffing levels and Steward placement. 

 

06.02.00               For the purposes outlined above, the Union agrees to supply the Company in writing, and shall maintain with the Company on a current basis, a complete list of all Union Stewards and the Chief Steward.  The Company will provide this information to each first level Supervisor having authority over employees covered by this Agreement.  A current list of Shop Stewards may be posted on union bulletin boards.

 

06.03.00               Subject to other provisions of this Article, reasonable and necessary time off during work hours shall be authorized without loss of pay or benefits to permit Stewards to carry out their responsibilities to the employees in the Unit and will not unreasonably interfere with assigned duties.  Furthermore, the Union will ensure that Stewards engage only in those activities that are authorized by this Agreement or appropriate regulations.

 

06.03.01               Shop Stewards shall be allowed to attend an onsite Shop Stewards meeting during working hours, without loss of pay, once every two (2) months not to exceed two (2) hours per meeting.  In addition, the Stewards or other employees shall be allowed to attend a Labor-Management Meeting during working hours, without loss of pay, once every three (3) months or as agreed to by the Company and the Union.  The Union agrees that there shall be no other organized Union meetings conducted on the Company's property except with the expressed permission of the Project Manager.  This shall not prevent the Union Representative from performing required duties at the workplace.  Sufficient time shall be allowed for the processing of grievances under Article 26.00.00 without loss of regular straight time pay by the steward(s) and the aggrieved employee(s) involved.

 

06.04.00               Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has a complaint or grievance may discuss the matter with the employee's Shop Steward.  The necessary time away from the Steward's official work assignment shall be scheduled as far in advance as practical to minimize interruptions of workflow.  When the Steward finds it necessary to discuss a problem or Labor-Management disagreement with a Unit employee(s) and/or management official, the Steward shall request permission to leave from the Steward’s Supervisor.  Upon entering the work area of another Supervisor's responsibility, the Steward will contact the Supervisor before attempting to contact any employee.  In each instance, the Supervisor's permission will be granted unless compelling work commitments dictate otherwise.  If permission is denied, the Supervisor will establish an alternate time at which the Shop Steward can contact the employee(s).

 

06.05.00               Subject to operational requirements, official time for the Union's Steward(s) to attend training sessions will ordinarily be granted, not to exceed sixteen (16) hours per calendar year.  The Union will notify the Company in writing, at least ten (10) work days before any scheduled training, and not more than four (4) Stewards shall be absent for training at any one time.  The Company will excuse Stewards from work to attend Arbitration proceedings.

 

06.06.00               The scope of the Steward's activities on Company time shall be limited to the following:

 

06.06.01               To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance for which the employee desires a Steward to be present.

 

06.06.02               To investigate a complaint or grievance before presentation to the appropriate Manager/Shop Supervisor.

 

06.06.03               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.

 

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

 

06.06.05               To attend Article 26.10 and Article 27 proceedings as directed by the Union, the Union may direct up to two (2) stewards to attend.  Subject to mission requirements, the Union may direct a third (3) steward to attend in an observer status.

 

06.07.00               Shop Stewards have no authority to take strike action, or any other action interrupting the Company's business.  The Company, in so recognizing such limitation, shall have the authority to impose proper discipline, including discharge, in the event a Shop Steward has taken unauthorized strike action, slow down, work stoppage, or other actions in violation of this Agreement.  Any such disciplinary action shall be subject to the grievance and Arbitration procedure defined herein.  Should the Company prove the individual(s) did participate in such action in violation of this provision, the disciplinary action shall not be altered.  Should the Company fail to prove the individual(s) participated in such acts; the Arbitrator shall be empowered to make the individual(s) "whole", if warranted.

 

06.08.00               It is agreed that the Company shall not be required to pay an employee for any time that the employee is taken away from work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement.

 

06.09.00               The Shop Steward shall be an employee of the Company, selected from among those employees whom the Steward represents.  The area of jurisdiction shall be determined by mutual agreement of the Company and the Union.

 

06.09.01               The Union may appoint a Steward to act as an Alternate Steward to represent employees in areas not represented by a Steward at any given time, and to assist other Stewards.

 

06.10.00               An employee with five (5) or more years of seniority while serving as a Shop Steward shall not be laid off or permanently transferred from the Shop Steward's area of jurisdiction, or shift, so long as other employees remain in the Steward’s job title, and in the area of jurisdiction and on the shift for which the employee is designated as Steward.  The Steward shall not be transferred for any reason except as otherwise provided for herein if other qualified employees are available unless the Union agrees to such transfer.

 

06.11.00               The Shop Steward shall respond to and adjust employee initiated verbal or written complaints, or grievances occurring under the Steward’s jurisdiction as provided for in the Grievance Procedure.  There shall be no solicitation of complaints or grievances. 

 

06.12.00               Subject to existing security regulations, the authorized Business Representative(s) 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 Procedures, and ascertaining whether or not this Agreement is being observed.  Before doing so the Business Representative(s) shall report to the Labor Relations office or other authorized Company Representative, who shall permit said Representative(s) 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.

 

06.13.00               The Union agrees to supply the Company, in writing signed by its authorized representative, with the name, official title and term of office for any and all representatives designated by it for the purpose of monitoring or administering terms and conditions of this Agreement, and those members shall serve at the pleasure of the Executive Officer of the Local Union.  Elections of any Shop Steward shall be advisory only.  The Company shall not be bound to recognize anyone not so represented.  During approved time off for dispute resolution or contract administration, the stewards are permitted to use their personal cell phones to contact other stewards.

ARTICLE 07.00.00  NO STRIKE - NO LOCKOUT

 

07.01.00               It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Company.  Therefore, the Parties agree that during the term of this Agreement:

 

07.01.01               The procedure provided for herein, for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between the Parties.

 

07.01.02               Neither the Union, its officers, agents nor members shall authorize, encourage, or sanction any strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interrupt or interfere with any of the operations of the Company for any reason including an alleged Unfair Labor Practice.

 

07.01.03               No rules, customs, or practices shall be permitted which limit production or increase the time required to do any work.  There shall be no limitation or restriction of the use of machinery, tools or other labor-saving devices.

 

07.01.04               Any employee or employees, individually or collectively, who shall cause or take part in any violation of this Article or any activities prohibited by this Article may be immediately discharged or subject to other disciplinary action as the Company may unilaterally consider appropriate.

 

(a)          Any such disciplinary action shall be subject to the grievance and Arbitration procedure defined herein.  Should the Company prove the individual(s) did participate in such action, in violation of this provision, the disciplinary action shall not be altered.  Should the Company fail to prove the individual(s) participated in such acts, the Arbitrator shall be empowered to make the individual(s) whole, if warranted.

 

07.01.05               In the event of a violation of this Article, the Union, its officers, agents and members agree that it will use its best effort to end such prohibited conduct, utilizing every possible means to include but not be limited to:

 

(a)          Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

 

(b)          Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

 

(c)           Requesting those violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

 

07.01.06               Violation of this Article and any resulting liability shall not be excused or forgiven because the Union is engaged in any form of lawful or unlawful strike or other coercive activity against any other contractor, or because the employees covered by this Agreement engaged in any form of conduct prohibited by this Article in support of or in sympathy with the employees of any other employer who may be engaged in a strike or other form of coercive activity at these locations.

 

07.02.00               So long as the Union is complying with the provisions of this Article, the Company agrees that it will not engage in any lockout of its employees.

ARTICLE 08.00.00  GOVERNMENT SECURITY RESPONSIBILITY

 

08.01.00               The Parties hereto jointly recognize that the Company is a contractor to the U. S. Department of the Army, Fort Irwin, and must comply with the security requirements and directives of its Contracting Officer.  Should the Fort Irwin Contracting Officer and/or any other authorized representative of the Armed Forces direct that any employee(s) be removed from any or all work for the contractor on this contract, such employee’s employment will be terminated.  In the event that the government’s direction is reversed within twelve (12) months of employee’s termination, he will be eligible to be reinstated to employment to a vacant position for which he is qualified and shall retain his original seniority date.  The employee will be eligible for reinstatement for one year following his removal, but in any event for a period of no less than six (6) months following the reversal of the removal.  If the employee declines an offer of reinstatement, his reinstatement rights shall terminate.  If an employee is removed, the Company shall provide to the Union, at its request, documents relevant to the removal; and the Company's compliance with those directives shall not be subject to the Grievance Procedure except as to the fact of the action having been taken at the direction of the Fort Irwin Contracting Officer and/or any other authorized representative of the Armed Forces.

 

08.02.00               In the event, however, that a review, duly made by the appropriate governmental authority, shall result in a reversal of the original ruling, the employee shall be permitted to displace a less senior employee in the job classification from which the employee was removed in accordance with the employee’s accumulated seniority, in accordance with Article 24.00.00.  Such employee shall not receive payment for wages or benefits lost during the period of removal from the classified work.

 

08.03.00               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.

 

08.04.00               The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor.  Nothing in this Agreement is intended nor will any provision of this Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor.  The Union fully recognizes that from time to time the Government may impose various legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet such demands, obligations or comply with such rules and regulations as may be promulgated or imposed by the Government.

 

08.05.00               It is further understood that if a security clearance is required in order to perform such work in the job classifications covered by this Bargaining Unit, that such security clearance shall be a condition of continued employment with the Company.  Such employees shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States Government.  A denial or withdrawal of such clearance by such governmental agency shall be grounds for reassignment to available non-classified work for which the employee is qualified.  If no such work is available, the employee shall be laid off in accordance with Article 24.00.00.

ARTICLE 09.00.00  TRIAL PERIOD/SENIORITY

 

09.01.00               After the ratification of this Agreement, new employees and those hired after a break in continuous service, regardless of classification, shall be considered on trial status until they have completed one hundred and twenty (120) calendar days of employment from the date of hire ("Trial Period").  Employees who are hired as a result of a transfer of work at the Fort Irwin base to the Company shall be considered on Trial Status until they have completed thirty (30) calendar days of employment with the Company from the date of hire.  Time spent on any statutory mandated leave will not count towards the completion of the trial status of the employee.  The Company may lay-off or discharge such trial status employee(s) and such action shall not be reviewable through the Grievance Procedure.  Completion of said "trial period" shall not provide or imply that the employee(s) may not be laid off or terminated for just cause.

 

09.02.00               Bargaining Unit seniority shall accrue from the date of employment as provided in Article 09.02.01 below.  

 

09.02.01               Each employee shall accumulate seniority for all continuous service with the Company in a position covered by this Agreement (bargaining unit position) and also in the following situations:

(a)       When an employee moves with the employee’s work on the project to another contractor on the project and subsequently returns to the Company on the project as a result of a subsequent movement of his work.

(b)      Pursuant to the reinstatement provisions in section 24.04.00, or

(c)       If an employee works for the Company on the project in a non-bargaining unit position, he will have an adjusted seniority date with non-bargaining unit service time subtracted provided that in no case shall such seniority be dated earlier than October 1, 1981.

 

09.03.00               A seniority list shall be posted by the Company by January 10th, April 10th, July 10th and October 10th of each year and shall set forth each employee’s seniority date and job classification.

 

09.04.00               Employees hereunder shall have a period of fourteen (14) workdays after posting of the seniority lists to protest, in writing, to Human Resources / Labor Relations, an error in the list.  If the protest is confirmed, a corrected list will be published after the fourteen (14) workdays.  If such protest is not made within fourteen (14) workdays, the seniority list will stand as posted until the following posting at which time it will be corrected, provided the Company has been informed in writing of the error, if any.  Employees on an approved absence, shall have fourteen (14) calendar days from the date of return from such absence to protest.

 

09.05.00               Seniority of an employee will be broken under the following conditions and the employee’s employment with the Company will be terminated:

 

09.05.01       Discharge for just cause.

 

09.05.02       Resignation.

 

09.05.03       Failure to respond to recall notification within the time frame established within Article 24.06.00.

 

09.05.04       Failure to be recalled from layoff within one (1) year after such layoff.

 

09.05.05       Failure to report for work upon expiration of an approved Leave of Absence.

 

09.05.06       Accepting other employment while on approved Leave of Absence without prior permission by the Company.

 

09.05.07           Unexcused absence from work for a period of three (3) consecutive workdays as provided in this Agreement.

 

09.05.08       Upon settlement of Worker's Compensation for total permanent disability or two (2) years after the commencement of a leave of absence in compensable injury and legal occupational disease cases, whichever is earlier. 

 

09.06.00               In the event two (2) or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) social security numbers shall be considered as having the least seniority for tie breaking purposes.

 

09.07.00               Non-Bargaining Unit employees who were hired by the Company on February 16, 2002, who had previous Bargaining Unit seniority on that date, or who transferred or promoted to non-bargaining unit positions within the Company from February 16, 2002 until the ratification date of this Agreement, shall retain existing Bargaining Unit seniority accrued hereunder, but shall not be construed as working under the terms of this Agreement nor continue to accrue Bargaining Unit seniority while occupying such non-covered positions.  If such employee, without a break in employment with the Company, re-enters the Bargaining Unit, such employee shall have an adjusted Bargaining Unit seniority date subtracting any service time not in a classification covered by this Agreement. All Bargaining Unit employees hired after the ratification of this Agreement who voluntarily accept and work any non-Union position outside of the Bargaining Unit shall forfeit all accrued Bargaining Unit seniority after a six (6) months absence from the Bargaining Unit. 

ARTICLE 10.00.00  MANAGEMENT/SUPERVISORS

 

10.01.00               Due to the complexity of the systems needed to support the Government mission, certain specialized functions may cause some work overlap in Supervision and work performed by employees covered by this Agreement.  Any Bargaining Unit work performed by management or non-bargaining unit personnel will be restricted to those requirements beyond the capability and technical expertise of Bargaining Unit employees.

 

10.02.0   0              It is understood and agreed that Supervisory personnel or non bargaining unit personnel may perform work of employees covered by the Agreement under the following conditions:

 

10.02.01               For the purpose of instructing and training employees.

 

10.02.02               Under emergency conditions.

 

10.02.03               When an employee fails to report to work and other qualified employees are not immediately available.

 

10.02.04               In order to prevent injury to employees or damage to property.

 

10.02.05               In circumstances which Bargaining Unit employees lack the technical ability to perform the work required.

ARTICLE 11.00.00  HOURS OF WORK

 

11.01.00               No provision of this Agreement shall be construed as a guarantee of any specified number of hours of work either per day or per week.  Employees shall not be required to utilize Vacation or Paid Personal Leave time in lieu of a reduction in force.

11.02.00               Eight (8) consecutive hours or ten (10) consecutive hours, as set forth in Article 11.03.00, exclusive of a lunch period of no less than thirty (30) consecutive minutes nor more than one (1) hour, shall constitute a standard work shift.

11.03.00       The workweek shall consist of seven (7) consecutive days.  The Company has the right to set the work week; and employees and the Union will be given a twenty one (21) calendar day written notice prior to such change. 

(a)      The Company may establish work schedules consisting of five (5) eight (8) hour workdays and two (2) consecutive days off.

(1)      the employee’s first (1st) day off in a work week is considered the sixth (6th) day and the second (2nd) day off is considered the seventh (7th) day.

(b)      The Company may establish work schedules consisting of four (4) ten (10) hour workdays and three (3) days off, two (2) of which must be consecutive.

(1)      The employee’s first (1st) consecutive day off in a workweek shall be considered the sixth (6th) day in the workweek and  the second consecutive day off is considered the seventh (7th) day, and the non-consecutive day off shall be considered the fifth (5th) day.

(2)      When an employee has three (3) consecutive days off, the second (2nd) consecutive day off shall be considered the sixth (6th) day and the third (3rd) consecutive day off shall be considered the seventh (7th) day of the workweek.

11.04.00               Regular work shifts for purposes of shift premiums, shall be established as follows:

(a)          The first (day) regular shift will begin between 0400 hrs. and 1059 hrs.

(b)          The second (afternoon) regular shift will begin between 1100 hrs. and 1959 hrs.

(c)           The third (night) regular shift will begin between 2000 hrs. and 0359 hrs.

11.05.00               A non-regular work schedule is defined as follows:

(a)          When scheduled for a five (5) day work schedule, as defined in Article 11.03.00, with other than Saturday or Sunday as one of the two (2) scheduled days off.

(b)          When scheduled for a four (4) day work schedule, as defined in Article 11.03.00 with other than Saturday or Sunday as one (1) of the two (2) consecutive days off.

 

11.06.00               When shift start time changes or work schedule changes are made seven (7) calendar days before the beginning of the workweek as defined in Article 11.03.00 above, such affected employees shall receive no additional compensation.

 

11.06.01               In the event the Company, not the employee, mandates a change to an employee’s scheduled workweek and as a result of that change the affected employee is then scheduled to work more than five (5) workdays in a row for an employee on a prior four (4) day ten (10) hour schedule, and more than six (6) workdays in a row for an employee on a prior five (5) day eight (8) hour schedule, the employee shall be compensated for all days worked in the first week of the new schedule at the overtime premium for those days as if they were worked in the prior week’s work schedule.

 

11.06.02                       In the event shift start time changes or work schedule changes are not made seven (7) calendar days before the beginning of the employee's workweek as defined in Article 11.03.00, the employee shall be compensated for all hours worked outside the employee’s previously established shift or work schedule at one and one-half (1 and ½) times the employee’s hourly rate of pay, except in the event that the shift start time changes or work schedule changes are not made at the beginning of the employee's workweek when such changes are occasioned by climatic conditions and the specific task to be completed.

 

11.06.03                       All shift start time changes or work schedule changes shall be posted by the Company in the areas affected in accordance with Article 11.06.00 above.  The Company shall furnish a copy of the notice to the Chief Shop Steward.

 

11.07.00               The Company shall permit a ten (10) minute rest period during each half of the work shift, which may be taken without loss of pay.  When climatic conditions warrant and operational requirements permit, management may direct additional rest periods without loss of pay.  The Company shall permit a ten (10) minute rest period at the end of the shift prior to the commencement of scheduled or unscheduled overtime.

 

11.08.00               If a Full-Time employee reports for work on a regularly scheduled work day in accordance with instructions, the employee shall receive a minimum of half the employee’s scheduled hours at that day's base rate.  When said employee performs any work, said employee shall be guaranteed the employee’s normal scheduled shift of work.  If a Full Time employee reports for and works on a non- regular work day, the employee will be guaranteed six (6) hours of pay. Employees who work more than six (6) hours will be guaranteed eight (8) hours of pay. Employees who work a four by ten (4 x 10) schedule and work more than eight (8) hours will be guaranteed ten (10) hours of pay.

 

11.08.01               Report time will not apply in case of emergency shut-downs arising out of any condition beyond the Company's control.  An employee who leaves work of the employee’s own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day.  An employee who leaves work because of incapacity due to a verified industrial injury will be paid for the balance of the employee’s shift at the employee’s base rate.

 

11.08.02           An employee recalled to work after completing the employee’s regular shift is to be paid the appropriate overtime rate for the time worked and reasonable travel time, provided that the employee shall be paid no less than four (4) hours. The travel pay guarantee time shall be paid at straight time. 

 

ARTICLE 12.00.00  OVERTIME

 

12.01.00               The provisions of this Article are intended only to provide the basis for the calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.

 

12.02.00               It is understood and agreed that the Company reserves the right to require employees covered hereby to perform a reasonable amount of overtime work in order to meet Government contract requirements.  When such overtime is required, the Company will make every effort to notify the employee(s) immediately upon learning of the overtime requirement.

 

12.02.01               (a)          The Company will attempt to meet its daily overtime requirements on a voluntary basis by seniority among the employees present in the classification, on that shift, in the section where the employees perform the work on a straight time basis.  The Company will attempt to meet its overtime requirements for Saturdays, Sundays and Holidays, on a voluntary basis by seniority among the employees in the classification, on that shift, in the section, who normally perform the work on a straight time basis.

 

(b)          Employees volunteering to work overtime must sign their specific overtime roster displayed in the Branch / Shop office.  The posted roster shall include the next six (6) consecutive calendar days and shall indicate the days on which the company anticipates that notice of overtime will not be provided until the day the overtime is worked (short notice overtime).  The posted rosters shall include spaces for the employee(s) printed name, seniority date, telephone number and signature.  The overtime roster shall remain posted until 1300 hrs. (2000 hrs. for second shifts) on the workday the overtime is required for the section. All entries must be clearly legible.  In signing the overtime roster, an employee is committing to work any overtime for that day’s overtime assignment.  If the Branch/Shop is closed on a weekend, then the overtime roster for that Branch/Shop shall be closed at the end of the employee’s Friday shift.

 

(c)           For short notice overtime (same day), if the company is unable to fulfill its requirements from the appropriate overtime roster, it will seek volunteers before applying sub-paragraph 12.02.01(e).  In signing an overtime roster, the employee is committing to work short notice overtime and understands that he is responsible for providing his own transportation.

 

(d)          When overtime is necessary in the section, the Supervisor will assign the most senior employee(s) from the appropriate roster.  If there are insufficient volunteers, the least senior employee(s) in the classification, in the section, on that shift, will be assigned.  If additional employees are still needed to fulfill the overtime requirement, the Supervisor will assign by seniority the overtime to employees, in the classification, on that shift, signed up on the Generic overtime roster.  If the Company is forced to go to another classification in the Branch to fulfill the overtime requirement, the Lead position(s) of the needed classification will be considered first.  If an employee has not signed up on the appropriate overtime roster, the employee shall have no claim to the overtime.

 

(e)          The least senior employee present shall be forced on a daily basis.

 

(f)           The least senior employee who normally performs the work on a straight time basis shall be forced for "Saturdays", "Sundays" and "Holidays".

 

(g)          The Company shall assign overtime and notify or if necessary call employee(s) on the overtime roster by seniority in accordance with (c) above.  When available, a Union Steward shall be present and verify any phone calls made from the overtime roster.  If a Union Steward is not available, the Company shall utilize a Bargaining Unit person to verify any phone calls.  Messages will not be left on answering machines, with family members or friends.  Unless verbal contact with the employee is attained by a Supervisor, said employee shall not be eligible for that overtime.

 

(h)          Any employee who is temporarily assigned to another shop or section shall be eligible for overtime in the shop or section the employee was temporarily assigned to for that day.  The temporarily assigned employee shall be allowed to sign the employee's regular shop, section, or classification’s overtime roster in case the employee is released back to the employee’s original area.  If returned to the employee’s regular shop, section or classification, the employee will only compete for overtime in the employee’s regular shop and section.

 

(i)            For the purposes of this Article, a shift shall be defined as a period of time from the employee's scheduled start time to the end of the employee’s scheduled eight (8) or ten (10) hours.

 

(j)           For the purposes of this article, it is understood and agreed that overtime can be worked prior to the start of a work shift as well as after a work shift.  In this case, an employee’s shift premium will not be interrupted.

(k)          When the Company decides to terminate the work day early on an overtime day, the Company will solicit volunteers by seniority for the early departure.  If there are insufficient volunteers, the least senior employee(s) shall be selected for the early departure.

 

12.02.02               It shall not be mandatory that any employee in the Bargaining Unit work more than fourteen (14) consecutive days without two (2) consecutive days of rest.  Once an employee has worked fourteen (14) days, the employee is entitled by right to take the next two (2) consecutive days off.  The employee has the option to choose any two (2) consecutive days off thereafter and shall be given those two (2) days off so long as both Parties mutually agree to those two (2) days.  If the Company and the employee cannot agree on the two (2) alternate days off, the employee shall have the right to take the immediate two (2) days off following the fourteenth (14th) day worked.

 

12.02.03               Overtime is calculated for hours worked within the workweek.  In no event will the calculation of overtime overlap regular workweeks as defined in Article 11.03.00, except as designated in Article 11.06.01.

 

12.03.00               Overtime shall be paid on the following basis for employees who are assigned to a five (5) day eight (8) hour schedule:

 

12.03.01               For hours worked in excess of eight (8) in a day (excluding one (1) hour or one-half (1/2) hour for lunch) at one and one-half (1 and ½) times the employee’s hourly rate.

 

12.03.02               For hours worked in excess of forty (40) non-overtime hours in a workweek, at one and one-half (1 and ½) times the employee’s normal regular hourly rate.  Hours paid for paid personal leave, holidays, vacation, bereavement leave, military leave, medical appointments scheduled by the Company during working hours for Worker's Compensation, jury duty and time spent in Arbitrations for up to three (3) Stewards shall be considered as time worked.  Only those holidays occurring on an employee’s regularly scheduled work day shall be considered as time worked for overtime eligibility. 

 

12.03.03               For hours worked on the seventh (7th) day in the workweek (second (2nd) regularly scheduled day off) at two (2) times the hourly rate, provided the employee has not had an unauthorized absence during the employee's regular work schedule for that workweek.

 

12.03.04               For hours worked in excess of a twelve (12) hour continuous period (excluding one (1) hour or one-half (1/2) hour for lunch) at two (2) times the employee’s hourly rate.

 

12.04.00               Overtime shall be paid on the following basis for employees who are assigned to a four (4) day ten (10) hour workweek schedule:

 

12.04.01               For hours worked in excess of ten (10) in a day (excluding one (1) hour or one-half (1/2) hour for lunch) at one and one-half (1 and ½) times the employee’s hourly rate.

 

12.04.02               Hours worked in excess of forty (40) non-overtime hours in a workweek, shall be paid at one and one-half (1 and ½) times the hourly rate.  Hours paid for sick leave, holidays, vacation, bereavement leave, military leave, medical appointments scheduled by the Company during working hours for Worker's Compensation, jury duty and time spent in Arbitrations for up to three (3) Stewards shall be considered as time worked.  Only those holidays occurring on an employee’s regularly scheduled work day shall be considered as time worked for overtime eligibility. 

12.04.03               All hours worked in excess of twelve (12) hours (excluding one (1) hour or one-half (½) hour for lunch) in any one day, or fifty (50) non-daily overtime hours in any workweek or on the seventh (7th) day of the workweek (third (3rd) regularly scheduled day off) shall be paid at two (2) times the employee’s hourly rate, provided the employee has not had an unauthorized absence during the employee's regular schedule for that workweek.

12.05.00               No overtime shall be worked except by direction of the proper Supervisory personnel of the Company.

12.06.00               There shall be no pyramiding of overtime premium payments.

12.07.00               Any employee who has worked overtime, either scheduled or unscheduled, during the workweek shall not have the employee’s regular work schedule altered for the balance of the workweek for the sole purpose of avoiding the payment of additional overtime.  However, this provision shall in no way be interpreted as being any guarantee of hours of work.  No employee shall be permitted to change shifts or otherwise alter the employee’s work schedule by the employee’s own request in a manner whereby the payment of overtime would be required.

ARTICLE 13.00.00  WAGE RULES

 

13.01.00               The Company shall pay the scale of wages included in Appendix "A" made a part hereof.

ARTICLE 14.00.00  PREMIUM PAY

 

14.01.00               A shift differential premium of thirty-five cents ($.35) per hour will be paid to employees working on the second (2nd) shift as defined in Article 11.04.00(b).

 

14.02.00               A shift differential premium of forty-five cents ($.45) per hour will be paid to employees working on the third (3rd) shift as defined in Article 11.04.00(c).

 

14.03.00               With respect to the second (2nd) "afternoon" and the third (3rd) "night" shift, shift differential premiums shall be determined by the employee's start time in the work day as defined in Articles 11.04.00 (b) and (c).

 

14.03.01               For the purpose of payment of shift premiums, an employee who is required to report to work earlier than the employee's regularly scheduled start time in any workday, as defined in Articles 11.04.00 (b) and (c), shall not suffer a loss of shift premium.

 

14.04.00               A shift differential premium of forty cents ($.40) per hour will be paid to employees working a rotating shift schedule.  A rotating shift schedule is defined as a schedule where the employee is assigned to regularly work two (2) or more different full shifts ("day," "afternoon" and/or "night") within a workweek as defined in Article 11.04.00.

 

14.05.00               Shift differential premiums will be paid for any overtime hours worked provided an employee is otherwise qualified for premium payment in accordance with Articles 14.01.00, 14.02.00 or 14.04.00 above.

 

14.06.00               An employee working a non-regular workweek shall receive a premium of twenty-five cents ($.25) per hour.

 

14.07.00               Ammunition Handler and Lead Ammunition Handler classification employees shall receive a six percent (6%) differential in addition to their base rate for all hours worked in the Ammunition Supply Point.

ARTICLE 15.00.00  HOLIDAYS

 

15.01.00               The following eleven (11) days are designated as Holidays:

New Year's Day

Martin Luther King, Jr.'s Birthday

Presidents Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas Day

Floating Holiday

In addition to these Holidays, employees shall be granted, subject to the approval of the Contracting Officer, any Holiday that may hereinafter be established by an Act of Congress of the United States or by Proclamation of the President of the United States.

 

15.01.01               The Floating Holiday referred to in this Article shall be requested at least seven (7) calendar days in advance by the employee to be taken at a time mutually convenient to the employee and the Company.  The employee may request to take a regularly scheduled workday as a Floating Holiday.  The Company shall not unreasonably refuse to agree to a time that is convenient to the employee.  If the request cannot be agreed to, the Company shall agree to a mutually acceptable alternate day within the following thirty (30) calendar days.  Once the employee and the Company agree to a time mutually convenient, the time selected for the Holiday shall not be changed unless the employee and the Company agree to do so.

 

15.01.02               Except as provided in 15.01.01, the Floating Holiday set forth in 15.01.00 for a given calendar year must be taken prior to December 31 of that given calendar year.

 

15.02.00               In order to be eligible for Holiday pay, an employee must have met all of the following:

(a)          Have completed thirty (30) calendar days of employment.

(b)          Be in the active employment of the Company on the date of the Holiday (i.e., not on Leave of Absence for any reason, or layoff).

(c)           Had no unauthorized unpaid absence on the scheduled workday immediately preceding or immediately following the Holiday.

(d)          Worked the employee’s regularly scheduled work shift on the Holiday, if scheduled to do so, unless prevented from doing so by legitimate compelling reasons.

(e)          Exception to these requirements is: if the employee can furnish proof, within two (2) working days, that because of illness the employee was unable to work on either of such shifts.

 

15.03.00               For purposes of determining eligibility for Holiday pay, paid time off, excluding paid time off under the Company's group insurance plan, shall be considered as time worked.

 

15.04.00               It is understood and agreed that the Company reserves the right to require employees to work on a Holiday.  When an employee is required to work on a Holiday, the employee shall receive two (2) times the employee's regular hourly rate of pay for all hours worked.  With respect to employees working a workweek of five (5) eight (8) hour days, Holiday pay (provided Article 15.02.00 (a) thru (e) above are met) shall be paid eight (8) hours at the regular straight time rate as provided in this Article.

 

15.05.00               Should one of the Holidays authorized by Article 15.01.00 above fall on a regularly scheduled day off, the employee will be paid for this Holiday at the employee's regular straight time rate of pay.

 

15.06.00               Should any Holiday authorized in Article 15.01.00 above occur on a "Saturday", the preceding "Friday" will be considered the Holiday.  Should any Holiday authorized in Article 15.01.00 above occur on a "Sunday", the "Monday" following will be considered the Holiday.

 

15.06.01               For those employees who regularly work on Saturday and/or Sunday, receiving two (2) consecutive days off during the week, the two (2) days off shall be treated as "Saturday" and "Sunday", in that order, for the purposes of this Article 15.00.00.  Should any of the Holidays observed by the Company occur on such a designated "Sunday", the following day shall be considered as a Holiday for such employees.  Should any of the Holidays observed by the Company occur on such a designated "Saturday", the preceding day shall be considered as a Holiday for such employees.

 

15.07.00               With respect to Holidays, employees working a workweek of four (4) ten (10) hour days shall have their "Saturdays" and "Sundays" designated as follows:

 

15.07.01               When an employee has two (2) consecutive days off, the first (1st) day off shall be considered "Saturday" and the second (2nd) day off shall be considered "Sunday".

 

15.07.02               When an employee has three (3) consecutive days off, the second (2nd) day off shall be considered "Saturday" and the third (3rd) day off shall be considered "Sunday".

 

15.07.03               When a Holiday falls on an employee's regularly scheduled day of work, and the employee is not required to work on that day, and the employee’s regular scheduled workweek consists of four (4) ten (10) hour days, the employee shall be paid as a Holiday premium, ten (10) hours pay for that day and that shall be considered as ten (10) hours worked for the purpose of computing overtime in that workweek.

 

15.07.04               When an employee is required to work on a Holiday, the employee shall receive two (2) times the employee's regular hourly rate of pay for all hours worked.  In addition, Holiday pay (provided Article 15.02.00 (a) thru (e) above are met) shall be paid, ten (10) hours at the regular straight time rate as provided in this Article.

 

15.07.05               When a Holiday falls on an employee's regular day of rest, and the employee does not work, the employee shall receive a holiday premium of ten (10) hours of pay (provided Article 15.02.00 (a) thru (e) above are met).

 

15.07.06               In the event a holiday falls on an employee's regular day of rest, and the employee is required to work, the employee shall be paid two (2) times the employee’s contract rate of pay for working that day plus a holiday premium of ten (10) hours of pay (provided Article 15.02.00 (a) thru (e) above are met).

 

15.08.00               Part-Time employees are eligible for Holiday pay on a "pro-rata" basis determined by the number of non-overtime hours per week worked over the previous two (2) months as a percentage of forty (40) hours per week.

 

15.08.01                    Regular weekly work schedules for Part-Time employees shall not be interrupted due to the occurrence of a Holiday within that workweek.  The intent of this provision is to prevent Part-Time employees from being bumped by other Part-Time employees from working their regularly scheduled workday.

 

15.09.00               Employees with twenty years of employment through and including twenty-fourth (24th) year the employee shall be allowed one (1) Floating Holiday in addition to the Floating Holiday set forth in 15.01.00.  Said additional Floating Holidays will be added to the employee’s holiday balance at the start of the year in which the employee completes 20 years of employment and must be taken under the terms of Article 15.01.01 and must be taken within the calendar year in which they are earned.

 

15.10.00               After completion of the employee’s twenty-fifth (25th) year of employment, and each subsequent year thereafter, the employee shall be allowed two (2) Floating Holidays in addition to the Floating Holiday set forth in 15.01.00.  Said additional Floating Holidays will be added to the employee’s holiday balance at the start of the year in which the employee completes the 25th anniversary and must be taken under the terms of Article 15.01.01 and must be taken within the calendar year in which they are earned. 

15.11.00               After Completion of the twentieth (20th) year of employment employee(s) shall be given one (1) longevity day. After completion of the twenty-fifth (25th) year of employment employee(s) shall be given one (1) longevity day. After completion of thirtieth (30th) year of employment employee(s) shall be given one (1) longevity day. These longevity day(s) must be taken within thirty (30) days of the anniversary date.  Longevity day(s) are not floating holiday(s). 

 

ARTICLE 16.00.00  VACATIONS

 

16.01.00               Each employee covered hereby shall be entitled to two (2) weeks of Vacation with pay following completion of one (1) year of continuous service with the Company or at the facility pursuant to Article 09.00.00 herein; two (2) weeks of Vacation with pay following each subsequent year of continuous employment with the Company or at the facility pursuant to Article 09.00.00 herein up to and including five (5) years; three (3) weeks of Vacation with pay following each subsequent year of continuous employment with the Company or at the facility pursuant to Article 09.00.00 herein, up to and including  fourteen (14) years; four (4) weeks of Vacation with pay following each subsequent year of continuous employment with the Company or at the facility pursuant to Article 09.00.00.

 

16.02.00               Vacation credit shall accrue as follows:

 

16.02.01               (a)          During the first (1st) year of employment, employees shall not accrue vacation credits.  On the employee’s anniversary date, the employee shall be credited with eighty (80) hours of vacation time.  During the second (2nd) year of employment and during each subsequent year thereafter, through and including the fifth (5th) year, an employee shall accrue one and fifty-four hundredths (1.54) hours of Vacation credit per week for each creditable week.

 

16.02.02               After the fifth (5th) year and subsequent years of employment, through and including the fourteenth (14th) year, employees shall accrue two and thirty-one hundredths (2.31) hours of Vacation credit per week for each creditable week.

 

16.02.03               After the fourteenth (14th) year and each subsequent year of employment, employees shall accrue three and eight hundredths (3.08) hours of Vacation credit per week for each creditable workweek.

 

16.03.00               For the purposes of accruing Vacation credit for Full-Time and Part-Time employees, a "Creditable Workweek" shall be defined as follows:

 

16.03.01               A workweek during which an employee works no less than one (1) full work day, or is on Vacation or other paid leave, except as limited in Article 16.03.02 below.

 

16.03.02               The first (1st) four (4) full workweeks of any absence compensable under a Company insurance program.

 

16.04.00               Vacation pay shall be computed at the employee's regular straight time rate at the time of Vacation, and shall be limited to those credits the employee has vested on the date of eligibility for such Vacation.  Employees who are in upgrade status shall receive Vacation pay at their regular straight time rate of pay for their regular classification.

 

16.05.00               Employees with less than six (6) full years of service may accrue Vacation credits to an amount equal to four (4) weeks of Vacation.  Employees in their sixth (6th) year up to and including their fifteenth (15th) year of Company service or at the facility pursuant to Article 09.00.00 herein and subsequent years may accrue Vacation credits up to an amount equal to six (6) weeks of Vacation.  Employees with more than sixteen (16) years of Company service or service at the facility pursuant to Article 09.00.00 herein may accrue Vacation credits up to eight (8) weeks of Vacation.

 

16.06.00               Weekly Vacations must be requested in writing not less than seven (7) days in advance and will, insofar as practicable, be granted as requested by eligible employees.  When conflicts in requested periods of Vacation arise, the employee first submitting said Vacation request, in writing, shall be given first preference.  When written requests are submitted on the same day, Bargaining Unit seniority shall prevail to the request.  Vacation requests for one (1) full day or less must be requested no later than the end of the prior work day’s lunch roll call.  The Company will endeavor to provide a response to the employee by the end of the employee’s shift that day.  Vacation requests of more than one (1) day but less than one (1) week must be requested two (2) days in advance.

 

16.06.01               When an employee puts in a Vacation request for a workweek or more, the Company will respond to the request, in writing, to the requesting employee within three (3) working days (excluding Saturday, Sunday and Holidays).  The employee must receive written confirmation of Vacation approval prior to taking the time off work.  If the request cannot be agreed to, the Company shall agree to a mutually acceptable alternate period to begin within the following thirty (30) days.  Once the employee and the Company agree to a time mutually convenient, the time selected for the Vacation period shall not be changed unless the employee and the Company agree to do so in writing.

 

16.07.00               It is understood and agreed that final approval of Vacation requests rests exclusively with the Company to assure orderly operation of the work area.  In exercising its approval, the Company shall make its decision on a case-by-case basis.

 

16.07.01               At the employee's request, the employee shall receive Vacation pay prior to the employee’s Vacation.  Such request shall be made at least two (2) weeks prior to the employee’s Vacation.

 

16.08.00               When a Holiday, as defined in this Agreement, falls within the employee's Vacation period, such Holiday hours shall not be charged as Vacation hours.

 

16.09.00               Employees who have completed one (1) year of service shall vest accrued vacation credits the week following the week in which said Vacation was accrued.

 

16.10.00               After completion of one (1) year of service, employees who terminate employment will be paid all accrued Vacation time.

 

16.11.00               In addition to weekly increments, Vacation credits may be used in any amount up to an amount equal to the employee's regular work shift.

16.12.00               In the event that an employee has been pre-approved for a partial day absence, the partial day absence will be deemed to be unexcused and an event will be charged If the employee fails to work on the balance of the day, unless the failure to work is supported by documentation of an emergency or an unanticipated event that prevents the employee from working. 

ARTICLE 17.00.00  NON-PAID LEAVES OF ABSENCE

 

17.01.00               Limited leaves of absence of up to thirty (30) calendar days, for sufficient cause, may be granted by the Company upon application from employees who have completed their Trial Period.  Requests for leaves of absence must be made in writing and must be approved by the Human Resources Manager.  Requests for leaves of absence after the fact will not be granted except for extreme circumstances.

17.01.01               Employees will be granted leave for up to 14 days per year to serve emergency duty as a volunteer firefighter, reserve peace officer and emergency rescue or for training as a volunteer firefighter.  If an employee has PPL or vacation hours available, he must use those hours for this leave; otherwise, the leave will be unpaid.

 

17.02.00               When an employee has been granted a leave of absence for a specified period of time, except for medical reasons beyond the control of the employee, it will be the employee's responsibility to request an extension of such leave at least five (5) working days prior to such expiration if additional time is required.

 

17.03.00               Employees will be eligible for Unpaid Leaves of Absence, subject to the conditions stipulated in this Article, for the reasons stated in the following paragraphs after the completion of the Trial Period except where mandated statutory law applies.

 

17.03.01            A leave of absence for legitimate personal health reasons will be granted to an employee for a period of up to six (6) calendar months, including weekends and holidays, after one (1) year of service. Leaves may be extended up to the length of service or two (2) years, whichever is less, when supported by satisfactory medical proof supplied by the employee. An employee requesting a leave of absence for medical reasons shall be subject to examination by the Company designated physician if the Company determines such examination is necessary. The employee shall be given written instructions, with a copy sent to the Union, at the time the employee begins such leave of absence that, if an extension beyond six (6) calendar months is needed and then denied, the employee may be terminated.  All Leaves granted under 17.03.01 may be granted for up to two (2) years, including weekends and Holidays.  Such Leaves shall run concurrently with FMLA and CFRA Leaves. 

 

17.03.02               An employee on leave of absence for personal health reasons may return to work prior to or at the expiration of such leave upon the full release of the employee’s personal physician, subject to the approval of the Company and provided work is available.  While on leave of absence for personal health reasons, the employee shall notify the Company as to the employee’s potential of returning to work following each visit to the physician and shall provide the Company with medical evidence of the employee’s continuing disability.

 

17.03.03                       Leaves of Absence in compensable injury and legal occupational disease cases will be granted automatically for the full period of legal temporary disability, or two (2) years whichever is shorter, and seniority will accumulate for the full period of such leave.

 

17.04.00                               When leaves of absence are granted, if the employee returns to active employment within three (3) months [four (4) for pregnancy] the employee will be returned to the employee’s job.  However, if the employee returns after three (3) months [four (4) for pregnancy] and if such job is no longer available, the employee will be reclassified to the most nearly comparable vacant position for which the employee possesses the necessary skill and ability.

 

17.05.00               During such periods of unpaid leave, the employee shall retain and accrue seniority, unless expressly limited by other provisions of this Article.

 

17.06.00               Any member of the Union shall, on written request by the Union, be granted a leave of absence for Union activities for a one (1) year period.  Employees on such leave shall retain but not accrue seniority.  Not more than one (1) employee shall be on such leave at any one time.  The employee on such leave shall not be entitled to any pay or benefits provided for herein.

 

17.06.01               When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if application is made therefore within fifteen (15) days, such Union member will be given re-employment in accordance with Article 17.04.00.

 

17.06.02               Leaves of Absence for Union business will be granted to representatives of the Union who are employees of the Company and employees who have been selected by the Union and its representatives not to exceed ten (10) days to attend such functions as conferences, conventions, and Union educational courses, provided ten (10) work days advance notice is given in writing to the Company and the request does not interfere with customer requirements.  However, not more than four (4) employees may be on such leave at any one time.

 

17.07.00               Any member of the Union shall, upon written request, be granted a Leave of Absence to pursue and serve in local, state or federal elective political office.  Such leave of absence will be limited to a maximum of two (2) years.  During such periods of unpaid leave, the employee shall retain but not accrue seniority.  The employee on such leave of absence shall not be entitled to any pay or benefits provided for herein.  If the employee was in a Lead or Inspector position, the employee will be returned to the next lower classification for which the employee meets the current qualifications, as soon as a position becomes available.

ARTICLE 18.00.00  PAID PERSONAL LEAVE

 

18.01.00               Regular Full-Time employees as defined in Article 30.03.00 who have completed their "trial period" shall be able to take Paid Personal Leave.  Paid Personal Leave shall accrue at the rate of one and fifty-four hundredths (1.54) hours for each creditable workweek as defined in Articles 16.03.01 and 16.03.02. 

18.01.01               After seven (7) years of employment, regular Full-Time employees shall accrue Paid Personal Leave at the rate of one and sixty-nine hundredths (1.69) hours for each creditable workweek as defined in Articles 16.03.01 and 16.03.02.

18.01.02               After ten (10) years of employment, regular Full-Time employees shall accrue Paid Personal Leave at the rate of one and eighty-five hundredths (1.85) hours for each creditable workweek as defined in Articles 16.03.01 and 16.03.02.

18.02.00               All weekly accruals of Paid Personal Leave hours shall be credited to the employee's account during processing of the bi-weekly payroll.  Paid Personal Leave may be utilized for sickness, injury, medical appointment, or personal reasons.

18.03.00               An employee who is prevented from reporting for work by reason of sickness or injury shall promptly notify the employee's immediate Supervisor of the employee's inability to report for work, and give the reason for the absence.  When an employee desires to utilize Paid Personal Leave for reasons other than sickness, unscheduled medical appointments or injury, such time off should be requested with as much advance notice as possible. 

18.04.00               Paid Personal Leave may be taken in fractional hourly increments up to the number of hours normally scheduled per workday.  One-tenth (.1) of an hour will be the standard increment.

18.05.00               Paid Personal Leave cannot be taken once the employee has evidenced intent to leave the employ of the Company, unless approved by the Project Manager.  Accrued Paid Personal Leave will not be paid upon termination of employment.

18.06.00               Paid Personal Leave shall be considered as time worked for the purpose of computing overtime.

18.07.00               Employees will be allowed to carry over a maximum accrual of up to four  hundred and eighty (480) hours of Paid Personal Leave credit from year-to-year.

ARTICLE 19.00.00  MILITARY LEAVE

 

19.01.00               Any employee who enters into active service in the Armed Forces of the United States will be given a Leave of Absence for and will accumulate seniority during such period of service.  The Parties to this Agreement shall comply with current applicable state and federal legislation concerning military service.

 

19.02.00               An employee who is called to and performs short term active duty of thirty (30) days or less within a calendar year, including annual active duty training as a member of the United States Armed Forces Reserve or National Guard, shall be paid by the Company the difference between the employee’s military rate of pay and the employee’s Company rate of pay, exclusive of all premiums.  The employee must present a copy of the employee’s orders to the Company as soon as the employee receives them.  Upon return from active short term duty, the employee must present pay vouchers so that the calculation of the difference may be made.

 

19.02.01               The Company's obligation to pay an employee for performance of military duty under this Article is limited to a maximum of eighty (80) hours for annual training and a maximum of eighty (80) hours for weekend drills for regularly scheduled workdays in any calendar year.

ARTICLE 20.00.00  BEREAVEMENT LEAVE

 

20.01.00               Up to three (3) normally scheduled work days Bereavement Leave with pay (seven (7) days for multiple deaths) will be granted to an employee on the active payroll who, because of death in the employee’s immediate family, takes time off from work during the Employee’s normal work schedule.  Such pay shall be for normal regularly scheduled hours at the employee’s regular straight time rate, including shift differential where applicable for each such day off; however, such pay will not be applicable if the employee receives pay for such days off under any other provision of this Agreement.  Bereavement leave will normally be taken within ten (10) days following the death (fourteen (14) days following multiple deaths) but may be delayed for bereavement purposes for up to three (3) months.  Extraordinary circumstances will be handled on a case-by-case basis.  Proof of such death(s) shall be provided to the Company within seven (7) days after the death.

 

20.01.01           For the purpose of this Article as it relates to death in the immediate family, "immediate family" is defined as the employee’s: Spouse or registered domestic partner, mother, father, mother-in-law, father-in-law, children (including adopted, step and foster), brother, sister, son-in-law, daughter-in-law, grandparents, grandchildren, stepmother, stepfather, stepbrother, stepsister, half brother, half sister and parent or child of a registered domestic partner.

 

ARTICLE 21.00.00  JURY DUTY

 

21.01.00               An employee required to serve on a jury and who misses work shall be paid up to ten (10) juror days if they are an active Full Time employee, and, provided the employee presents the jury summons to Management in advance of the Jury Duty and provided the hours of Jury Duty occur during the individual's regularly scheduled shift or as otherwise provided herein.

 

21.01.01               Pay for such time lost shall be computed at the employee's regular straight time rate of pay.  In no event shall payment be made for Jury Duty performed on the employee's regularly scheduled days off, Holidays, as defined herein, or for any hours in excess of the employee's normal regularly scheduled hours, or in excess of forty (40) hours in any workweek.

 

21.01.02               To be eligible for payment of Jury service pay, an employee must notify the employee's Supervisor no later than the completion of the employee's regular work shift next following receipt by the employee of such notice or summons.  Further, the employee shall be ineligible to receive Jury Duty pay until such time as the employee presents to the Company a statement from an official of the court attesting to the date(s) and time of such Jury Duty service, and the fee or compensation paid to the employee by the court, exclusive of transportation allowances.

 

(a)          If a first (1st) shift, sometimes known as "day" shift, employee is released by the court by 1100 hrs, the employee shall be required to report to work after release from jury duty.  If a "day" shift employee is released by the court after 1100 hrs the employee shall be required to work the employee’s next scheduled workday.

 

(b)          If a second (2nd) or "afternoon" shift employee is released by the court by 1200 hrs, the employee shall be required to work the employee’s scheduled shift.  If a second (2nd) or "afternoon" shift employee is released by the court after 1200 hrs the employee shall not be required to work the employee’s scheduled shift on that day.

 

(c)           A third (3rd) shift employee shall not be required to work the employee’s scheduled shift immediately prior to the employee’s first morning of Jury Duty.  If a third (3rd) shift employee is released by the court by 1800 hrs and is not scheduled for Jury Duty the following day, the employee shall be required to work the employee’s scheduled shift that night.  If a third (3rd) shift employee is released by the court after 1800 hrs the employee shall not be required to work the employee’s scheduled shift that night.  Such employee shall immediately notify the employee’s Supervisor of the inability to report for work.

 

21.02.00               Employees responding to a subpoena as Company witnesses are considered to be on paid time.

ARTICLE 22.00.00  PROMOTIONS/TRANSFERS/TEMPORARY ASSIGNMENTS

 

22.01.00                       Temporary AssignmentsIn order to provide maximum stability to insure the even flow of operations, the security of all employees, and minimize the possibility of layoffs, the Company may temporarily assign or upgrade employees to areas within such employee's Division/Branch/Section, and where not possible, temporarily assign or upgrade employees to other Divisions within the Company as the work load dictates for up to ninety (90) calendar days.  Such temporary assignments or upgrades shall be made in accordance with the provisions of Articles 22.01.01, 22.01.02, and/or 22.01.03.  It is agreed that the ninety (90) calendar-day period may be waived by mutual agreement between the Company and the Union.               

22.01.01                     When a temporary assignment or upgrade is required within a Section in a given classification, the Company shall offer that assignment or upgrade to the most senior qualified employee in that job classification desiring to work that assignment or upgrade.  However, in the event no qualified employee desires to work the assignment or upgrade, it shall be the prerogative of the Company to require the least senior qualified employee(s) to perform that assignment or upgrade.  In a temporary assignment situation, if the temporary assignment lasts more than two (2) consecutive work days and requires overtime, documentation will be created. Copies of such documents will be presented to the Union upon request.

 

22.01.02               Assignments to shifts will be made whenever necessary.  Temporary shift assignments, shift start times and work schedules will be made within the work section in the inverse order of seniority provided there are no senior volunteers and provided the individual has the skill and ability to perform the job duties.  However, when an employee is temporarily upgraded to another classification in a Section other than the employee's own Section, that employee shall not use the employee’s seniority for preference of shifts or scheduled workweek.

 

22.01.03               When making temporary assignments or upgrades to other Sections, Branches or Divisions, the Company shall ask for volunteers by seniority within the classification.  Failing enough volunteers, it shall be the prerogative of the Company to require the junior qualified employee(s) to perform the assignment or upgrade.

 

22.01.04               If the Company requires a permanent position within a Branch/Shop without increasing personnel, (i.e., moving individuals from Section to Section or from shift to shift), that position need not be posted, but shall be offered by seniority within the affected classification and, failing sufficient volunteers, shall be filled by requiring the junior employee(s) within the classification to fill the position.

 

22.01.05           When there are established Sections within a Branch, selecting employees for temporary upgrades or temporary assignments to other Sections within the Branch the procedure shall be as follows:

(a)      Upgrade the qualified senior volunteer in the affected Section.

(b)         If there are no volunteers, the junior qualified employee in the Section may be required to perform the work.

(c)       If there are no qualified employees in the affected Section, the Company will then go to the qualified senior employee in the Branch, and failing to find a qualified person in the Branch, the Company will go to the Division.  It is understood that the Company may require the affected junior qualified employee to do the work required.

 

22.01.06       An employee temporarily upgraded to a job classification assigned a higher rate, shall receive the rate of the higher job classification or continue at the employee's present rate, whichever is greater, and only for the time the employee actually works the upgrade.  upon return to the employee's prior classification, the employee will assume the rate held prior to the temporary assignment.  Pay increases relative to such temporary upgrades shall become effective at the time the employee assumes the new assignment.  An employee still in the two-year (2 year) progression scale will be upgraded in accordance with the employee's progression rate of pay.

 

22.02.00       Readjustment of Staff - If the Company requires a permanent position within a Branch/Division/Section without increasing personnel, (i.e. moving individuals from shift to shift), the Company will first offer the position by seniority within the affected classification within the affected Branch/Division/Section.

(a)      This process will occur on Wednesdays, and employees must be present to bid or have submitted a written proxy or have called to have claimed the position.  The Company is not required to make any effort beyond notification of employees present to determine whether or not a senior employee desires the move. 

(b)      The Company will provide forty eight (48) hours of intent to fill an existing permanent position, and no other notification of employees is required to determine if a senior employee claims the vacancy.

(c)       Failing sufficient volunteers, it shall be the prerogative of the Company to require the least senior qualified employee(s) within the classification to fill the position.

22.03.00       Vacant Existing Positions (In House Bid Procedure)When a position becomes vacant due to promotion, transfer, reclassification or termination and the Company intends to fill the vacancy, the employees in the affected classification and Branch/ Section will have an opportunity to bid for the open position before the position is posted.  Bidding will be based on seniority, classification, shift, and the Section/Branch.  All shift or schedule changes as a result of this "in house" bidding procedure will not require a seven (7) day notice as described in Section 11.06.00.  An employee who is awarded and placed into a job vacancy as a result of this process, may not bid for another job for a period of six (6) months after having been placed into the job, unless agreed to in writing by both parties.  This restriction shall not apply to any employee who is displaced (e.g. reduction in force) from a position under the terms of this agreement.  Any employee who has a suspension or final written warning within the last six (6) months, may not bid for an open position unless agreed to in writing by both parties. 

22.03.01       Job vacancy announcements will be posted on Division and Branch Bulletin Boards. Bid descriptions shall be secured and available for review in the Branch Office areas upon request. Bidding will be based on qualifications, seniority, classification, shift schedule and the Branch/Section. The Company is not required to make any effort beyond this posting to determine whether or not an employee desires the move.   

22.03.02       The senior employee will be allowed to bid for the open position. If the senior employee accepts, another position will become open to which the next senior employee will be allowed to bid and so on until four (4) internal moves are accomplished or until there are no more eligible candidates, whichever is sooner. 

22.03.03           Employees on Vacation, PPL, Workers Compensation (provided they can be released to work the assignment), disability (provided they can be released to work the assignment), etc. may notify their Supervisor or Manager of their interest.

22.03.04           When the "in-house" bidding procedure has been completed the Human Resources Office will post the resulting vacant position(s) as described in Article 22.05.00. All personnel within the specified Classification and Branch will be frozen from bidding on that job posting. Once an "in-house" bid is closed, it remains closed until the resulting vacancy is filled. 

22.04.00       Increased Staff and New PositionsWhen the Company determines that it needs to increase staffing levels and add permanent positions in the bargaining unit, there is no need to offer the position(s) by seniority within the affected Branch/Sections. The position immediately will be posted in accordance with 22.05.00.

22.04.01       Temporary vacancies expected to be of not more than ninety (90) calendar days need not be posted. If the assignment goes past the ninety (90) calendar days or is continually re-assigned the position shall be posted for bid.  It is agreed that the ninety (90) calendar day period may be waived by mutual written agreement between the Company and the Union.

22.05.00       Job Vacancy Posting and AnnouncementsWhen it is determined by the Company that a vacancy in a Bargaining Unit job classification covered hereby exists, and that such vacancy shall be filled, the vacancy announcements will be posted on all Division/Branch/Section bulletin boards and in Human Resources for bidding by employees with Bargaining Unit seniority only. However, entry level positions need not be posted. Such notice shall contain the following information:

(a)          Job Classification,

(b)          Division/Branch/Section,

(c)           Specific Initial Shift,

(d)          Qualification Requirements,

(e)          Wage Rate,

(f)           Date and time after which bids will no longer be accepted, and

(g)          Specific workweek schedule.

 

22.05.01       The vacancies shall be posted and held open for a period of seven (7) calendar days.  It is understood and agreed that the Company may, at its option, temporarily fill a job vacancy by assignment during the period from the time the vacancy is posted for bid and the time it is filled.

22.05.02       The Company shall furnish a copy of the job posting at the time of posting to the Chief Steward.

22.05.03       Having posted such vacancy in accordance with the above, there shall be no requirement for the Company to again post such vacancy for a period of sixty (60) calendar days from the prior posting date. If the Employer fills the posted positions, said vacancies must be filled within the sixty (60) calendar day period. Said sixty (60) calendar day period begins from the original date of the posted vacancy. Positions are considered filled at the time an employment offer is accepted in writing. The Company may opt to fill only a portion of the posted number of positions on the posting.  However, each successive vacancy shall be posted and bid separately. 

22.06.00       Bid ProcedureAll Northrop Grumman Corporation employees with bargaining unit seniority may bid on any posted vacancy except that an employee may not apply for a lower rated job classification unless the employee has been in the employee’s current classification for a period of six (6) months or more, or as agreed to by the Company and the Union.

22.06.01       Bids must be in writing to the Human Resources Office, who shall affix thereto the date and time to validate timely filing, with a copy to the Chief Steward or designated representative.  After the seven (7) calendar days internal posting period closes, the position will remain open to internal candidates, but internal candidates will be considered, with no seniority preference, along with external applicants. Bids received after an offer is made will be considered as part of the General Applicant Pool. 

22.06.02       The awardee(s) of a job bid shall meet all of the posted minimum requirements of the vacancy announcement.  The senior employee(s) with Bargaining Unit seniority who met the minimum requirements of the job bid shall be awarded the position.

(a)      If there are insufficient applicants who meet minimum requirements of the job posting the Company may award position(s) on the basis of the employee's Bargaining Unit seniority.

22.06.03       To avoid conflicts of interest, employees will not be awarded a job when the position would report to, either directly or indirectly, an immediate family member as defined below, or when the position is in the Accounting Office and other immediate family members are in the Bargaining Unit:  Spouse or registered domestic partner, mother, father, mother-in-law, father-in-law, children (including adopted, step and foster), brother, sister, son-in-law, daughter-in-law, grandparents, grandchildren, stepmother, stepfather, stepbrother, stepsister, half brother, half sister and parent or child of a registered domestic partner. 

22.06.04       If there are no qualified bidders or no bids the Company may fill the opening as it deems appropriate.  Entry-level positions need not be posted.

22.06.05       The vacancy resulting from internal selection will be identified as "Backfill #1" of the original posting and will be posted as described in 22.05.00 above, and the position(s) will become open for "Internal Bids" and so forth until four (4) internal moves are accomplished or until there are no more eligible candidates, whichever is sooner.

22.06.06       The notice of bid award shall be posted on Company bulletin boards. The Company will notify those who applied, in writing, as to the reasons why they were not selected within five (5) working days after the bid award has been posted.

22.07.00       When an employee covered hereby is awarded a posted job, and such employee fails to satisfactorily perform the duties thereof within thirty (30) days actually worked, after assuming the position, the employee will be returned to the job last held prior to award of such promotion provided the classification has not been abolished.  Employees so returned shall not be eligible to bid again for the job from which they returned for a period of six (6) months.

22.07.01       All employees displaced as a result of this Article will be returned to the job last held prior to award of such promotion provided the classification has not been abolished. 

22.08.00       An employee awarded a job vacancy shall assume the new position and be reclassified to the promoted job classification as of the first (1st) day of work in the new position.  Such reclassification shall occur no later than fourteen (14) calendar days after the job is awarded.  However, if such assignment cannot be physically made, the employee shall be entitled to the higher rate of pay on the date the assignment should have been made.

22.09.00       The Company reserves the right to cancel any posted job bid prior to the successful bidder assuming the duties thereof. Temporary vacancies expected to be of not more than ninety (90) calendar days need not be posted. If the assignment goes past the ninety (90) calendar days or is continually re-assigned the position shall be posted for bid.  It is agreed that the ninety (90) calendar day period may be waived by mutual written agreement between the Company and the Union.

22.10.00       Nothing in this Agreement shall be construed to prevent an employee from performing work which is below the employee’s classification when required to do so by the Company. Such employee shall not suffer a reduction in pay.

22.11.00       The Company shall notify the Union of its intention to create a new Section or to revise any such Section. Said notice shall be given to the Union in advance of the implementation of such new or revised Section provided operational requirements permit.

22.12.00       The Company shall notify the Union of its intention to modify pre-requisites of posting requirements and qualifications. Notification to the Union shall be given in advance of the implementation of such requirements.  There shall not be any modification of pre-requisites of requirements and qualifications for the sole purpose to advantage one employee or employees over another employee.

22.13.00       With respect to Technical Inspectors, Vehicle Inspectors and Lead positions, the Company will consider all bidders on the basis of (a) qualifications, (b) ability to perform the duties of the posted position and (c) seniority.  When it is determined that factors (a) and (b) are substantially equal, then and only then shall (c) govern. Technical Inspectors, Vehicle Inspectors and Leads, upon assuming the duties of the position, will be considered as being on trial status for a period of sixty (60) calendar days.

ARTICLE 23.00.00  NEW OR REVISED JOB CLASSIFICATIONS

 

23.01.00               The Company shall notify the Union of its intention to create a new Bargaining Unit job classification, which is not now covered under this Agreement, or to revise an existing classification.  Said notice shall be given to the Union in advance of the implementation of such new Bargaining Unit job classification or revision of an existing classification provided operational requirements permit.  

 

23.02.00               The wage rate for such new or revised job classification shall be established by the Company in a reasonable relationship by assessing the job duties to be performed in relation to other job classifications covered by this Agreement.  The Union may pursue the wage rate established through the grievance and Arbitration procedure if the Union feels the wage rate established is inappropriate.

ARTICLE 24.00.00  REDUCTION AND RESTORATION OF FORCES

 

24.01.00               For the purpose of an indefinite layoff i.e., surplusing in a classification and/or decreasing the workforce, employees shall be surplused/laid off as follows:  

 

24.01.01               Senior employees, with a layoff request on file, will be laid off first.  Then Trial Period employees in the classification affected shall be terminated, provided there are available senior employees remaining in the classification affected who have the ability to perform the work of the Trial Period employees to be displaced.  Thereafter, employees in the affected classification having the least seniority shall be laid off except as set forth in 24.01.02.

 

24.01.02               Employees who would otherwise be laid off shall, if the employee has the qualifications to perform the work, be allowed to choose one of the following:

 

(a)                Displace the least senior employee in another classification of equal or comparable pay (within one dollar ($1.00) below the employee’s current 100% pay rate); or

 

(b)               Displace the least senior employee in the next lower classification provided the employee meets the current qualifications of the position; or

 

(c)           Displace the least senior employee in any classification the employee previously held, provided the employee meets the current qualifications of the position; or

 

(d)          Displace the least senior employee in the next lower classification for which the employee is qualified; or (e)             "Bump" to a job which is posted for bid under Article 22.00.00, provided the employee meets the current qualifications of the position; or

 

(f)                 Elect a layoff and await recall to any job classification the employee is qualified to perform.

 

24.01.03               With respect to affected Technical Inspectors, Vehicle Inspectors and Leads, layoffs shall be determined by (a) qualifications, (b) ability to perform the duties of the posted position and (c) seniority.  When it is determined that factors (a) and (b) are substantially equal, then and only then (c) shall govern.  Thereafter the displaced employee shall follow 24.01.01. 

 

24.01.04               When an employee exercises "bump" rights to a classification because of a layoff or surplus, said employee shall be able to exercise seniority preference for shifts, start times and work schedules. 

 

24.01.05               At the time an employee is given notice of being laid off/surplused from the employee’s classification, the employee must within two (2) working days (excluding Saturdays, Sundays or Holidays) notify the Human Resources Office that the employee(s) wishes to exercise the above listed options or the employee(s) shall be laid off effective the date stated in the layoff notice.  An employee's personnel file as it exists, subject to Article 24.01.06, at the time the Company issues the lay-off notice, including on the job experience as shown in the personnel file and the current job description shall be the determining factor.  When the affected employee chooses which of the options of Article 24.01.02 (a) through (f) the employee wishes to exercise, the employee shall have a Steward present if the employee wishes.

 

24.01.06               Once an employee is given notice by the Company of layoff intent, said employee shall be given two (2) working days, excluding Saturdays, Sundays and Holidays to update the employee's personnel file.

 

24.02.00               When decreasing the workforce in connection with an indefinite layoff, the Company shall give the least senior employee(s) in the classification to be surplused and the Union at least seven (7) calendar days notice.  The Company may notify affected employees on Leave of Absence or temporarily laid off of an indefinite layoff by certified letter, or other documented and verifiable means sent to the employee's last known address as shown on Company records.  An employee actually laid off as a result of being displaced by a more senior employee under Article 24.01.02 is not subject to the seven (7) calendar day notice provision, but will receive two (2) working days notice.  The seven (7) calendar day notice provision does not apply if the surplusing does not result in forced lay-offs.

 

24.03.00               The Company will assign employee(s) to the classifications in accordance with this Article.

 

24.04.00               When a vacancy exists in the classification from which an employee(s) has been displaced, the employee with the greatest seniority, whether actively employed or on lay off status, shall be offered reinstatement to the employee’s former classification without recourse to Article 22.00.00.  The intent of this provision is to offer the available positions to those individuals who formerly occupied those positions immediately prior to the reduction of those classifications, by seniority, whether actively employed or on layoff.  An employee who elected a layoff may exercise the employee's recall rights to the employee's former job on the same basis as those employees who elected to exercise "bump" rights.  Should that employee be unable to perform the work for any reason, the employee shall remain in the job to which the employee has been "bumped" or remain on layoff.

 

24.05.00               An eligible employee who has been laid off under Article 24.01.02 shall be notified of recall to the employee's former job as provided below:

 

24.05.01               For the purpose of recall, all laid off employees shall be recalled on the basis of the employee's seniority provided the employee has the qualifications to perform the work required.  An employee's recall rights or seniority shall not be interrupted should the employee decline to return to a lower rated classification from which the employee was laid off.

24.05.02                       Notification of recall shall be made by the Human Resources Manager by certified letter, or other documented and verifiable means sent to the last known address as shown on the Company records.  If the employee is on layoff from employment status, this notification may also be made verbally to the employee, but it must be followed in writing.  A copy of each recall notice shall be provided to the Local Union.  All forms of recall rights shall expire one (1) year from the date of the actual layoff.

 

24.06.00               An employee on layoff status shall be deemed to have voluntarily resigned and to have permanently forfeited recall rights under this Article if the employee:

 

(a)          except for the provision set forth in Article 24.05.01, declines the recall offer in writing; or

 

(b)          fails to respond to the written notification of recall within ten (10) calendar days of the date of mailing of the notice; or

 

(c)           fails to report to work within five (5) calendar days of the employee’s response thereto unless alternate arrangements are agreed to with the Human Resources Manager.

 

24.07.00               It is understood that the intent of this Article is that senior Full-Time Employees may "bump" in accordance with Article 24.01.02 to other Full-Time positions or Part-Time positions, if they desire, and senior Part-Time Employees may "bump" to other Part-Time positions.

 

24.08.00               Failure of the employee to keep the Company advised in writing of the employee’s current address shall relieve the Company of all obligations indicated in Articles 24.04.00 and 24.05.00 above.

ARTICLE 25.00.00  DISCHARGE AND DISCIPLINE/ABSENCE FROM WORK

 

25.01.00               It is understood and agreed that the Company may discipline or discharge employees covered hereby for just cause.  Should an employee feel such action improper, the employee shall then be extended all the rights and privileges accorded by the Grievance and Arbitration Procedures contained herein provided the employee has completed the Trial Period defined in Article 09.01.00.

 

25.01.01               Issued discipline shall not remain in effect if it has been found through the Grievance procedure or process to have been unjustifiably issued.  Other disciplinary actions issued, with the exceptions as noted below, shall remain in effect for a period of 12 months from the date of issuance.  Discipline issued for violations of Article 32.03.00 or issues of workplace violence shall remain in effect for the duration of the employee’s employment with the Company, provided that after 12 months such discipline may be used only as a basis for subsequent discipline for violations of Article 32.03.00 or workplace violence.  Time spent on any leave of absence shall not be calculated in meeting the 12 month requirement referenced above.

 

25.01.02               It is understood and agreed that any warning notice issued to an employee by the Company shall be issued, within fourteen (14) calendar days following knowledge by the Company of the occurrence of the alleged violation and such warning notice is subject to challenge by the Union or employee to whom the notice is issued in accordance with Article 26.00.00.

 

25.01.03               All forms of discipline, including warnings, shall be issued consistently with the offense committed and the individual's prior disciplinary history.

 

25.02.00               In all cases where written warning notices or reprimands are given to employees, the Business Representative will routinely receive a written copy of said warning notices or reprimands.

 

25.03.00               An employee shall not leave work without prior permission from the employee's Supervisor.  Leads are not authorized to excuse employees from work unless they are acting supervisors.

 

25.04.00               Should an employee not have proper cause for failing to report to work, failing to report on time, or failing to report the reason therefore as provided herein, such failure shall be considered cause for disciplinary action.  Such discipline shall be applied consistently within the Bargaining Unit in accordance with Appendix "E".

 

25.05.00               An employee who is absent from work for a period of three (3) consecutive work days without reporting the reason thereof shall be considered as having resigned without notice.

 

25.06.00               In cases of layoff, any disciplinary action, dismissal or suspension for just cause, or involuntary resignation, the employee shall be given a copy of the layoff, suspension, disciplinary action or termination of service slip, as the case may be, if the employee is available to be presented with such copy.  If the employee is not available, copies of the slip will be sent to the employee at the employee’s last known address and to the Union office.  The employee shall have the right to appeal the action shown on the slip provided the Union files a written grievance with the designated representative of the Company in accordance with Article 26.00.00.

 

25.07.00               Any discussions or conferences with employees, which may lead to disciplinary action, with respect to that employee, shall take place with a Steward (or the Chief Steward) present if the employee so desires. 

 

25.08.00               Failure to follow established safety and environmental procedures, to utilize safety equipment or protective clothing, or to commit unsafe acts are considered cause for disciplinary action up to and including termination, depending upon the severity of the infraction.

 

ARTICLE 26.00.00  GRIEVANCES

 

26.01.00               It is the intent of the Parties to this Agreement that the procedure provided herein for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between them as to the application or interpretation of the provisions of this Agreement.

 

26.02.00               Pending the settlement of an alleged grievance, the employee(s) shall continue to work as directed by the Company, except for any employee who may be terminated or under disciplinary suspension.

 

26.03.00               Grievances are to be presented and considered in accordance with the terms of this Agreement.  (See Articles 26.08.00 and 26.09.00).

 

26.04.00               There shall be no responsibility of the Company to make an adjustment on any grievance unless it is filed within fourteen (14) calendar days from the date of the event, otherwise it shall be waived.  (The day of the violation being day zero forward to the fourteenth (14th) day).

 

26.05.00               It is understood that the time limits specified herein may be extended by mutual agreement of the Parties hereto.

 

26.06.00               Issues not specifically covered by the terms and provisions of this Agreement shall be subject to the Grievance Procedure up to but not including Arbitration.  If the Company and the Union are unable to reach agreement in Article 26.10.00, the decision given in Article 26.10.00 by the Company shall be final and binding on both Parties to this Agreement.

 

26.07.00               Any matters of contention between employees or the Union, and the Company, shall be initially discussed between the Employee involved, if any, the employee’s Steward, and the appropriate Company official.  Nothing herein will preclude an employee from discussing any matter with the employee’s Supervisor or Division Manager.  Any settlements agreed to at this informal first step will be on a non-precedent basis subject to Article 26.17.00. 

26.08.00               If the dispute is not resolved at 26.07.00, the aggrieved party(ies) may advance the grievance to the next step, step 2, by having the steward submit a written grievance which must be signed off by the Chief Steward or Alternate Chief Steward.  The grievance shall be filed within fourteen (14) calendar days of the event per Article 26.04.00.  The grievance form shall set forth a statement of the grievance including the date and approximate time the event occurred which gave rise to the grievance, the details of the event and a summary of the Articles of the Agreement allegedly violated, and the specific remedy or relief requested and shall be signed by the employee.

 

26.08.01               The Division Manager or designee and the Steward shall meet within five (5) calendar days to endeavor to arrive at a satisfactory adjustment of the grievance.  The Division Manager shall then render a written decision within seven (7) calendar days after discussion with the Steward.  The Chief Steward may, at his sole discretion, participate in this step.

 

26.09.00               If the written decision of the Division Manager is not satisfactory, the Union Business Representative shall file a formal grievance, which shall contain a detailed statement of the grievance, the facts upon which it is based, the specific Article or Articles of the Agreement allegedly violated and the specific remedy requested to the Human Resources/Labor Relations Office provided such formal grievance is filed no later than fourteen (14) calendar days after receipt by the Chief Steward of the Division Manager's written decision.  If such formal grievance is not filed within the time limits specified herein, the Division Manager's decision shall be final and there shall be no further recourse.  All communication, decisions and filings referenced in subsections 26.09.00 through Article 27.00.00 may be made electronically.

 

26.09.01               Termination grievances may be filed by the Chief Steward to the Human Resources/Labor Relations Office, subject to review by the Business Representative for the purpose of filing a formal grievance as set forth in Article 26.09.00 not more than fourteen (14) calendar days from the date of the termination in accordance with Article 26.04.00.

 

26.10.00               Upon formal appeal as outlined above, the Human Resources Manager/designee shall meet with the Union Business Representative within fifteen (15) calendar days to endeavor to arrive at a satisfactory adjustment of the grievance.  The Grievant(s) may be included in this meeting if the Business Representative or the Human Resources Manager/designee find it necessary.  The Human Resources Manager/designee shall render a written decision within seven (7) calendar days of the meeting with the Union Business Representative.

26.10.01               In the event that the Parties are unable to resolve the grievance in the 26.10.00 process, either Party may, within five (5) days of the date of said response, make a written request to the other Party, that the grievance be referred to a Resolution Panel.  The Panel will be comprised of four (4) persons, two (2) of whom shall be designated by each Party, none of whom shall be directly involved in the grievance.  Each Party shall select as its Panelists individuals who are authorized to resolve the grievance.  The Panel’s purpose is to resolve the grievance in an informal, expeditious manner.  To accomplish this, the following procedures shall be followed:

(a)    One representative shall present each Party’s position without any witnesses,

(b)  Each party’s presentation to the panel shall be relevant to the issues raised in the grievance and be non-repetitive.

                                If the Panel is deadlocked, either Party may then proceed to Arbitration per Article 26.11.00.  If a majority decision is reached, said decision shall be final and binding.  Each Party may designate one person to attend the Panel’s proceedings solely as a training experience.  Other than observing the process, that person may not participate in the Panel’s proceedings.

 

26.10.02               The function of said Panel shall be to fairly and expeditiously resolve grievances.  The panelists shall designate a Chairman for the purpose of presiding over the meeting, preserving order, ensuring that both parties present their facts and arguments in an expeditions, and non repetitive manner, drafting and issuing the panel’s decisions, and ensuring that the panel’s decision is carried out.  The Panel shall schedule meetings monthly, or more or less often as mutually agreed, as warranted by the number of pending grievances, at a time or times mutually agreed to by the Parties. 

26.10.03               Each Party will pay the cost of its Representatives and grievant/employees to attend the Panel hearing.

                26.10.04               The 26.10 Panel agendas will be determined at least thirty (30) days in advance. In general, grievances will be heard in the order received with priority given to termination disputes. 

26.11.00               Except as provided in Article 26.06.00 above, any grievance arising out of interpretation or alleged violation of the terms and conditions of this Agreement, which has been properly processed according to the Grievance Procedure herein established, including a 26.10.01 Panel proceeding, but for which no satisfactory adjustment or settlement has been reached, such grievance may then be appealed to Arbitration as provided in this Agreement, provided such written or electronic notice of appeal is filed by the grieving party with the Joint Adjustment Board Chairman, with a copy to the other party no later than ten (10) calendar days after the 26.10.01 Panel is deadlocked. 

 

26.12.00               All of the steps herein established may be waived and the Parties may proceed directly to Arbitration provided that there is mutual agreement between the Parties to proceed directly to Arbitration.

 

26.13.00               A grievance may be filed by an affected employee on behalf of the employee and other similarly affected employees.  It is the intent of this Article to eliminate the need for multiple filings of a grievance.

 

26.14.00               A grievance filed by the Company shall be presented to the Union Business Representative.  The Human Resources Manager/Labor Relations or designee and the Union Business Representative shall meet within ten (10) calendar days to endeavor to arrive at a satisfactory adjustment to the grievance.  The Union Business Representative shall render the written decision within seven (7) calendar days of the meeting with the Human Resources/Labor Relations Manager or designee.

 

26.15.00               Any decisions not rendered within the time frames established shall be considered an unsatisfactory response and the Party claiming to be aggrieved may proceed to the next step in the Grievance-Arbitration Procedure.

 

26.16.00               The signing of any grievance by any employee or representative either of the Company or of the Union shall not be construed by either Party as a concession or agreement that the grievance constitutes an arbitrable issue or is properly subject to the grievance machinery under the terms of this Article.

 

26.17.00               All settlements of grievances must be reduced to writing and are subject to approval by the Business Representative and designated Company management.  The Business Representative and designated Company management must respond to the settlement within fourteen (14) calendar days from receipt of the settlement.  Failure to do so shall cause the settlement to remain as settled.

26.18.00               The union shall be allowed on occasion, to take non-termination grievances that may arise, first, that are of a serious nature that affect the entire or large areas of the bargaining unit.         

ARTICLE 27.00.00  ARBITRATION

 

27.01.00               There shall be no grievances presented to Arbitration until all steps of the Grievance Procedure, including a 26.10 Panel Hearing, unless otherwise waived by both parties, been utilized.  All such grievances shall be considered finally settled and not subject to Arbitration unless either Party (the Union or the Company) first serves written notice of intention to Arbitrate upon the other Party during the first ten (10) working days after the final step of the Grievance Procedure.

 

27.02.00               Within seven (7) working days following the notice required in Article 27.01.00 above, the representatives of the Union and the Company shall meet for the purpose of attempting to settle or adjust the dispute.

 

27.03.00               The Parties will jointly submit a signed statement setting forth the issue or issues to be decided by the Joint Adjustment Board, the specific contract violations, and the remedy sought.  The issue or issues shall be the sole matter to be decided by the Joint Adjustment Board.  Should the Parties fail to agree upon the issues, each Party may submit a separate statement of issues it considers in dispute and the Joint Adjustment Board shall determine at or before hearing the issue or issues to be arbitrated.

 

27.04.00               There is hereby established a Joint Adjustment Board, which shall have the authority to perform the functions set forth in this Agreement and this Arbitration Procedure.  It shall be composed of two (2) regular members representing the Union, two (2) regular members representing the Company and one neutral member who shall be the Chairman of the Joint Adjustment Board.  Each of the Parties shall appoint its regular representatives and sufficient alternates and immediately notify the other Party in writing of the name of each representative appointed.  One regular member of each Party shall be designated as the Chairman for that Party.

27.04.01       Each party will pay the costs for its representatives, grievant/employee, and/or witnesses to attend the panel hearing.

 

27.05.00               The Joint Adjustment Board Chairman shall be selected by the regular members designated in accordance with the above.  Each side, Union members and Company members, shall nominate nine (9) candidates for Chairman of the Joint Adjustment Board.  From the list of eighteen (18) candidates the Union and the Company members of the Joint Adjustment Board shall select a total of five (5) nominees by alternately striking names until five (5) names remain.  The side striking first shall be determined by lot.  In the event a particular name appears on both lists however, that name shall automatically be included in the permanent list of five (5) names and only four (4) additional names would be selected by striking, etc.

 

27.06.00               From the list of five (5) permanent nominees a single name shall be selected in the same manner as described above and that individual shall be considered as the Chairman for a period of at least six (6) months to hear all matters to come before the Joint Adjustment Board.  After the six (6) month period, if either the Company or the Union desires, another name shall be selected from the list of five (5) names in the manner described above, and so on at each six (6) month interval until only two (2) names remain. At that time the Parties will select a new slate of arbitrators as outlined in Article 27.05.00.

 

27.07.00               The Joint Adjustment Board shall schedule meetings monthly, or more or less often as mutually agreed, as warranted by the number of pending grievances, at a time or times mutually agreed to by the Parties.  The Joint Adjustment Board shall issue decisions immediately upon hearing all evidence presented.  If for any reason the Joint Adjustment Board requires additional time to deliberate on the matters presented, the Joint Adjustment Board may by majority vote grant an extension of time in issuing a decision for whatever period deemed appropriate by the Board members (not to exceed thirty (30) calendar days).  A simple majority vote is required to dispose of items on the agenda.

 

27.08.00               All expenses incurred and approved by the Joint Adjustment Board necessary for the consideration and decision of grievances or disputes submitted to it shall be borne by and divided equally by the Union and the Company.  All fees and expenses of the Chairman shall be borne by the Party against whom the Chairman rules.

 

27.08.01               If there is any question as to which is the losing Party, or if a case is referred back to the Parties without decision, or if there are decisions against more than one of the Parties to the Arbitration, the Chairman is authorized and requested to determine who shall pay the fees and may in such case order a sharing of such fees.  In such event, the decision of the Chairman on this issue shall be final and binding.

 

27.09.00               In addition to performing the functions set forth herein and this Arbitration Procedure, the Joint Adjustment Board shall have authority to review and make recommendations to the Parties on matters referred to it by the Parties.  The Joint Adjustment Board may, upon its own motion, make recommendations upon matters arising out of the interpretation, application and operation of the provisions of this Agreement.

 

27.10.00               All grievances arising out of the interpretation or application of any of the terms or conditions of this Agreement, which have not been resolved in accordance with Article 26.00.00, shall be submitted for determination and shall be determined by the procedure set forth in this Arbitration Procedure, but neither the Joint Adjustment Board nor the impartial Chairman, in determining any grievance or dispute shall have the power to add to, subtract from, modify, alter or change any of the terms of this Agreement or any other terms made supplemental hereto, or to arbitrate any matter not specifically provided for in this Agreement or arbitrate any new provision into this Agreement.  The Joint Adjustment Board's authority is to interpret and apply provisions of the Agreement.  The Joint Adjustment Board shall be bound entirely by the records presented to it in the form of evidence and argument.

 

27.11.00               In the event the Joint Adjustment Board or the impartial Chairman determines that the Company or the Union is in violation of this Agreement, the Joint Adjustment Board or the impartial Chairman may assess damages against the violating Party.  In no event shall the Company be penalized or in any way be liable for monetary damages prior to thirty (30) calendar days preceding the submission of the grievance to management, but in no event prior to the event giving rise to the grievance.

 

27.12.00               It is understood and agreed that the procedures outlined in the Grievance and Arbitration Articles of this Agreement shall be the exclusive remedy for any alleged violation of this Agreement, provided the foregoing shall not deprive either Party from obtaining any injunctive relief from the courts to which they are otherwise entitled.

 

27.13.00               Each decision of the Joint Adjustment Board or the impartial Chairman shall be made in writing and a copy of each sent to each interested Party, particularly including separate copies to the Union and the Company.  The determinations of the Joint Adjustment Board within the purview of its authority are final and binding upon all the Parties.  There shall be no appeal.

 

27.14.00               The Procedural Rules are as follows:

 

27.14.01                       Grievances which are submitted to the Board Chairman shall be scheduled for arbitration hearings in their order of receipt.  Grievances involving a termination of employment shall be given priority in scheduling for arbitration hearings provided that their request for arbitration must be received by the Board chairman no less than 30 days prior to the arbitration hearing date.

27.14.02               The Union will prepare and distribute the agenda of meetings to the Joint Adjustment Board members no later than thirty (30) calendar days prior to the hearing.  By mutual consent of the Parties to a grievance, grievances not on the agenda may be heard by the Joint Adjustment Board.

27.14.03               Once a grievance is placed on the agenda it shall be heard unless postponed by mutual consent of both Parties.

 

27.14.04               The Union shall publish and distribute to the interested Parties the decisions of the Joint Adjustment Board meetings and maintain the Joint Adjustment Board files.

 

27.14.05               The impartial Chairman will preside over meetings, preserve order and ensure that the established procedure is carried out.

 

27.14.06               Prior to hearing each case, the Union and Company Chairmen shall designate the members of the Panel who will be authorized on that particular case.

 

27.15.00               Immediately before hearing each case, the impartial Chairman will call in the Parties and explain that all persons, other than the charging Party and the charged Party, with their representatives and the testifying witness, unless otherwise agreed by the Parties, will wait outside the hearing room.  All persons are to be identified by name, whom they represent, and title.

 

The grievant's representative shall first present the grievant’s case (except in discharge or suspension cases) by making an opening statement, if desired, outlining the complaint.  Upon completion of the grievant's representative's opening statement, the respondent’s representative will make an opening statement, if desired.  There shall be no interruptions until completion of the opening statement(s).

 

The grievant’s representative may then call desired witnesses.  Upon completion of questioning by the calling Party, each witness may then be questioned by the other Party, followed by questions from members of the Joint Adjustment Board.  The same procedure shall be followed with each witness until the representative has completed the grievant’s case.  When the grievant's case has been completed, the respondent proceeds, in the same manner, until the respondent has completed its case.

 

The charging Party will then have an opportunity to present rebuttal evidence, and call rebuttal witnesses, who may be questioned in turn by the respondent.  The respondent may then proceed in the same manner until its rebuttal is completed.

 

27.15.01               When both Parties to the dispute have presented their evidence, closing statements, in summary, may be made by both Parties.

 

27.15.02               Upon completion of closing statements, all Parties will be excused from the meeting and will remain available with their witnesses until a decision is reached by the Joint Adjustment Board.

 

27.15.03               The Joint Adjustment Board then meets in Executive Session.

 

27.15.04               The Joint Adjustment Board deliberates in body and acts on the motion, or motions.

 

27.15.05               Upon request of any Panel member, the impartial Chairman shall grant a caucus for the purpose of either the Company Board Members or the Union Board Members conferring.

 

27.15.06               The impartial Chairman records the vote on the motions and announces the results to all Parties.

 

27.15.07               The Company and the Union shall each have a total of two (2) votes on the Joint Adjustment Board.  A minimum of two (2) representatives appointed by each Party and the impartial Chairman shall constitute a quorum.

 

27.16.00               Only properly designated representatives will be authorized to perform the functions of a Joint Adjustment Board Member.

 

27.17.00               The Parties agree that either Party may be represented at Arbitration hearings as they may choose and designate.  Evidence may be presented either orally or in writing or both.

 

27.18.00               Each of the Parties will assume the compensation and other expenses of witnesses called or summoned by it.  Each Party shall bear the expense of the presentation of its own case.

 

27.18.01               The grievant(s) shall be made whole within thirty (30) calendar days from the date of settlement or Arbitration decision of any grievance in the employee’s favor, unless otherwise mutually agreed.

 

ARTICLE 28.00.00  UNIFORMS

 

28.01.00               All employees shall be well groomed, neat in appearance and appropriately dressed for the work to be done.  Employees will be required to wear the uniforms designated and provided by Company Management.  The Company, upon receipt of the uniforms, shall launder said uniforms.

 

28.02.00               Any costs incurred due to an employee decision to change the material, cut, or number of uniforms, will be the sole responsibility of the incurring employee.

 

28.02.01               Employees shall have the option of wearing Company provided short sleeve or long sleeve shirts.  Any cost associated with changing uniforms (example: long sleeve to short sleeve) shall be borne by the employee. 

 

28.03.00               Employees shall sign a payroll deduction authorization to deduct the cost of uniforms, less depreciation, for each uniform that they fail to return if they should leave the Company for any reason, or if they are promoted or transferred to a position where uniforms are not used.

 

28.04.00               Wearing the Company provided headgear shall be optional, except for health or safety reasons or when the individual is functioning as a line or team chief.  "Optional" means the choice of wearing the Company provided or authorized headgear or not to wear the provided headgear.

 

28.05.00               An employee shall, at the employee's own cost, be allowed to wear tee shirts or polo shirts designated by the Company during the summer months in all Divisions of the Company wherever employees are required to work.  The Company will designate the time period for wearing the tee shirts or the polo shirts and the style/design of the shirts permitted.

 

28.06.00               Stewards may wear Teamster Local 166 pins to designate their identity as Stewards.

28.06.01                               Employees shall be allowed to wear a Teamsters Local 166 pin on the collar of their uniform jacket or uniform shirt.

ARTICLE 29.00.00  BULLETIN BOARDS

 

29.01.00               The Union may provide twenty-five (25) Bulletin Boards for use by the Union, one (1) of which may be on the outside of the Human Resources Office reception area, and may be of sufficient size to post Union communications.  All notices placed on such Bulletin Boards shall relate solely to official Union business and be signed by an official of the Union or the official's designee.  A copy of all such notices shall be submitted to the Human Resources Manager/designee for approval prior to posting except:

(a)          Notices of Union meetings,

(b)          Notices of elections of Union officials and the results of such elections,

(c)           Notices of recreational and social events,

(d)          Standard professionally prepared posters, and

(e)          Teamsters Local No. 166 newsletters.

The number of Bulletin Boards may be changed by written agreement of the Parties.

 

29.02.00               There shall be no distribution or posting by the Union, or by employees of advertising or political material, notices, or any other kinds of literature on the Company's property other than herein provided.

 

29.03.00               Company rules and regulations will be posted on Company Bulletin Boards and will be effective immediately upon posting.  Employees covered by this Agreement shall be governed by all Company rules, regulations, and orders, which are not in conflict with the terms and conditions of this Agreement.

 

29.04.00               Any worker or Union member who defaces, adds to or writes over any general notices or bulletin, or posts unofficial bulletins or any notices that are racially or sexually or otherwise unlawfully offensive shall be subject to disciplinary action up to and including dismissal.

 

29.05.00               The Bulletin Boards shall not be used for posting or distributing pamphlets of a political nature of any kind and shall not in any way be used for advertising purposes.

 

ARTICLE 30.00.00  GROUP INSURANCE

 

30.01.00         Employees may purchase supplemental life, supplemental accidental death and dismemberment and all risk personal accident insurance by payroll deduction.

30.02.00         The Company will pay the cost of the California State Disability Insurance except for employees hired on or after February 1, 1993.

 

30.03.00         Regular Full-Time Employees:  For the purpose of Article 30.00.00 a regular Full-Time Employee for whom the Company is required to make monthly contributions is any employee within the Bargaining Unit, as described in Article 03.00.00 of this Agreement, either active or inactive, on the first (1st) day of the calendar month.  "Regular Full-Time Employee" is defined as an employee whose regular schedule is at least thirty-two (32) hours per week.

 

30.03.01         The intent of the phrase "active or inactive" as used in this section is that an employee temporarily absent on the first (1st) day of the month due to such reasons as vacation, excused or unexcused absence, for the first four (4) months of a leave of absence, or illness, and who is not terminated will remain "covered" despite such absence and that contributions will be made on the employee's behalf by the Company.  The exception to the four (4) months additional payment is as defined in Articles 17.03.01 and 17.03.03.

 

30.04.00               Dates of Contribution.  The first contribution for a new employee shall be due on the first (1st) day of the month next following ninety (90) calendar days of employment.

 

30.04.01               All contributions shall be due on the first (1st) day of the calendar month following the payroll month in which the employee worked in which such contribution is due.  Any contributions which are received by the Fund later than the twentieth (20th) day of the calendar month in which such contribution is due shall be considered delinquent.

 

30.04.02               The Parties recognize and acknowledge that the regular and prompt filing of employer reports and the regular and prompt payment of employer contributions to the Fund is essential to the continued maintenance of the Plan and that it is extremely difficult, if not impractical, to fix the actual expense and damage to the Fund and to the Plan which would result from the failure of any individual employer to make such reports and to pay such monthly contributions in full within the time provided above, Therefore, the amount of damage to the Fund and Plan resulting from the failure to make reports or pay contributions within the time specified above shall be presumed to be (1) the sum of twenty-five dollars ($25.00) or twenty percent (20%) of the amount of the contribution or contributions whichever is greater for each delinquent report or contribution as liquidated damages; and (2) interest on the delinquent sums due at a rate of interest equal to the prime interest rate charged during the period of delinquency.

 

 

 

30.04.03               These amounts shall become due and payable to the Fund, in addition to any auditing expenses related thereto, upon the day immediately following the date on which the report or the contribution or contributions become delinquent.

 

30.04.04               Liquidated damages, which represents the projected administrative costs to the Fund in processing and collecting each delinquent report or contribution, shall become due and payable to the Fund upon the day immediately following the date on which the report or contribution or contributions become delinquent and shall be paid in addition to any contribution due.  However, the Trustees or their designated representatives, in their discretion, for good cause (and only the Trustees and designated representatives shall have the sole right to determine what shall constitute good cause) shall have the right and power to waive all or any part of any sums due to the Fund as liquidated damages.

 

30.05.00               Contribution Rates and Benefits:  Effective 1 March 2013, the Company agrees to contribute to the various trusts referenced herein and continue to contribute on behalf of each regular Full-Time Employee to provide for the following benefits:  basic hospital and medical coverage for regular Full-Time Employees and eligible dependents under various Teamsters Trust Funds, including life, AD&D, vision care, dental benefits and prescription drugs.

 

30.05.01               The Company agrees to maintain life insurance on all eligible employees at all times regardless of waiver status as defined in Article 30.10.00.

 

30.06.00               Maintenance of Benefits:  It is the intention of the Parties signatory hereto that the benefits described in Article 30.05.00 above, and which are provided for employees and their eligible dependents shall be maintained through 30, September 2018.

 

30.07.00               Program Costs: All costs of the program described above, including administration, shall be borne by the contributions.

 

30.08.00               Due Dates:  Monthly contributions required under Article 30.00.00 shall be due on the first (1st) day of the calendar month and shall be paid no later than the tenth (10th) of the same month.

 

30.09.00               Trust Documents:  The Company and the Union agree to execute the necessary Trust documents required by the Trustees of such Trusts as a condition of participation in the Trusts referred to in Article 30.05.00 above.

 

30.10.00               Premiums for such benefits are determined from time to time by the Board of Trustees for the various Trusts as described in Article 30.05.00.

 

(a)          If two (2) members of the Bargaining Unit are married to each other only one (1) of the employees is required to maintain coverage.  The employee whose birthday is first (1st) in the calendar year will be the primary and the other will be the dependent.  The employee contribution will be charged to the employee who enrolls as primary.  This election is valid only when both spouses sign the election form.  If the dependent and primary employees divorce and the dependent employee continues Full Time employment as a Bargaining Unit member, the dependent employee and eligible dependents must enroll within thirty (30) days of such divorce.  If this is not done within thirty (30) days, the dependent employee and eligible dependents must wait until the next open enrollment period. 

 

                                                                                    (b)          If two (2) members of any Bargaining Unit are married to each other at any Fort Irwin Project and both are covered under this specific current group insurance with their individual Companies, only one (1) of the employees shall be required to maintain coverage in accordance with the applicable Teamster 166 Collective Bargaining Agreement.  The employee whose birthday is first (1st) in the calendar year will be the primary and the other shall be considered the dependent.  There shall be no obligation by the Company to make contributions for a dependent as long as the primary employee continues to maintain unbroken coverage.  The employee contributions will be charged to the employee who enrolls as the primary.  This election is valid only when both spouses sign the election form.  If primary coverage ceases, upon immediate notification to the appropriate Company, the dependent’s Company shall immediately, at the first (1st) of the month following discontinuation of coverage by the primary, begin contributions on behalf of the dependent so that there will not be a lapse of coverage benefit.  It shall be the responsibility of the covered dependent employee to notify the Company of the cessation of the primary benefit.  If the primary and the dependent employees divorce and the dependent employee continues Full Time employment as a Bargaining Unit member, the dependent employee and the eligible dependents must enroll within thirty (30) calendar days of such divorce.  If this enrollment is not done within the thirty (30) calendar day window, the dependent employee and eligible dependents must wait until the next open enrollment period.

30.10.01               Effective 01 March 2013 the Company agrees to make the following contributions to maintain the Health and Welfare coverage and shall continue to make contributions based on the schedule below:

01 Feb 13

Effective
01 Feb-14 

Effective
01 Feb-15

Effective
01 Feb-16

Effective
01 Feb-17

Effective
01 Feb-18

$1,122

$1,161

$1,195

$1,240

$1,290

$1,419

 

30.10.02               The employee will pay the following per month as shown in the below referenced  table to the Company to provide for Group Insurance Benefits under the Multi Union Security Trust, including the enhanced mental health, drug and alcohol program. 

01 Feb 13

Effective
01 Feb-14

Effective
01 Feb-15

Effective
01 Feb-16

Effective
01 Feb-17

Effective
01 Feb-18

$80

$85

$85

$95

$105

$110

 

The employee must pay the employee's share whether actively at work or on an approved leave of absence.  In addition to paying the above referenced amount per month to the Company, any increases in the cost of the Health and Welfare package contributions that are in excess of the costs demonstrated in the chart in Article 30.10.01 above shall be paid by the employee through payroll deduction on a pre-tax basis.

 

30.10.03               Any employee contributions shall be made through the Northrop Grumman Enterprise Management Services Corporation Pre-Tax Contribution Plan on a pre-tax basis in accordance with the Plan Document.

 

30.10.04               The Company shall withhold from the employee’s second (2nd) paycheck of the applicable calendar month the amount described above such that, when combined with the Company contributions, the employee's contribution shall satisfy the total required contribution.

 

30.11.00               Legislation:  In the event that Federal or State legislation is passed, providing health care for employees and/or their dependents, the effect of which is to require additional payroll costs to the Company and/or costs to the employees, the Parties shall meet to resolve, in a mutually satisfactory manner, any problems resulting there from.

 

30.12.00               Part-Time Employees whose normal weekly schedule is less than thirty-two (32) hours are not eligible for fringe benefits and will receive in lieu of group insurance benefits two dollars ($2.00) an hour in addition to the hourly wage rate for Part-Time Employees.

ARTICLE 31.00.00  RETIREMENT PLAN (401K)

 

31.01.00               The Company will continue to make available to employees covered hereby the Northrop Grumman Savings Plan (401k) as described in the Plan Document. The Company will make floor contributions of gross compensation as referenced below. 

1/March 13 - 30/September 18

3.75%

Participation in these benefits will be governed by the same rules and regulations that apply to other Northrop Grumman Technical Services employees at Fort Irwin, California, who participate in the Northrop Grumman Savings Plan.

31.02.00  The Northrop Grumman Savings Plan covers both employees represented by the Union and non-represented employees at the Technical Services site in Fort Irwin, CA.  As a condition to Union-represented employees participating in these plans, the Union agrees that the Company has the unilateral right, in its sole and absolute discretion, to modify, amend or terminate any of these plans at any time without any notice obligation to or bargaining obligation with the Union, as long as the same amendment, modification or termination applies to non-represented Technical Services employees at the Fort Irwin site. 31.02.01  The Union agrees that as a condition of Employees participating in the Northrop Grumman Savings Plan, the Union waives any right to bargain over any such amendments, modifications or terminations applicable to the collective bargaining unit at the Fort Irwin site during the term of this Agreement.

 

ARTICLE 32.00.00  GENERAL

 

32.01.00               Should any provision or provisions of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation or regulation or by reason of any decree of a court of competent jurisdiction, such invalidation of such part or parts of this Agreement shall not invalidate the remaining portions hereof and the remaining portions shall remain in full force and effect.  Upon such invalidation the Parties agree to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal.

 

32.02.00               The Company and the Union acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement.  Therefore, the Parties, for the life of this Agreement, waive the right, and each agrees that the others shall not be obligated, except as otherwise provided in this Agreement, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement unless mutually agreed to do so between the Parties.  Further, the Parties, for the life of this Agreement, waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of any of the Parties at the time this Agreement was negotiated or signed unless mutually agreed to do so between the Parties.  The Parties agree that all negotiations that were conducted in reaching this Agreement were conducted at "arm's length" and in good faith as required by laws and regulations.

 

32.02.01               Any additions, deletions, changes, amendments, or waivers whatsoever affecting the terms of this Agreement shall only be discussed by mutual agreement of both Parties in writing, and shall not otherwise be subject to Arbitration or negotiation.  Further provided that any such modification of this Agreement shall be mutually agreed upon and signed by both Parties and shall be co-terminus with this Agreement.

 

32.03.00               There shall be no discrimination by the Company or the Union against any employee because of race, sex, creed, color, national origin, age, handicap, veteran status or other status protected by applicable federal, state or local law or regulations.  There shall be no harassment or discrimination against any employee exercising the right to file a grievance or against any employee participating in the investigation or grievance process. 

 

32.03.01               All references to "employee", "employees", "man", or "men", "he", "him" or "his", in this Agreement refer to both male and female employees.  The terms are used for the sole purpose of brevity and clarity of language construction only, and do not imply or refer to sex or gender in any way whatsoever.

 

32.03.02               Each employee shall adhere to the provisions and intent of Article 32.03.00, in dealings with fellow employees, suppliers and customers of the Company under its contract Task Order Number W9124B-12-C-0007 and its successor contracts.

 

32.03.03               Any harassment or discrimination complaint should be reported immediately to the Human Resources Manager or designee in accordance with Northrop Grumman Policy.  Any employee reporting such harassment or discrimination shall receive a written response of the results of the investigation upon completion provided that an interim response shall be provided to the claimant within fourteen (14) calendar days.

 

32.04.00               Employees covered by this Agreement shall be governed by all site rules, regulations and orders, which are not in conflict with the terms and conditions of this Agreement, and shall not interfere with investigations, and comply with Northrop Grumman Corporation’s Standards of Conduct.

 

32.05.00               When the Company assigns employees to attend training which may include attending seminars, lectures, and other group information training sessions, all hours spent in traveling to and from the training site and all hours spent in actual seminars, lectures, training sessions, etc. shall be considered as time worked.  Such employees shall not suffer any reduction in hours normally paid for that workweek.

 

32.06.00               The Parties recognize the value of cross-training between working groups as a means of increasing the technical competence of the employees in the Bargaining Unit and as a method of obtaining increased efficiency in the operation.

 

32.07.00               Bargaining Unit employees may be transferred to other assignments with equal or higher pay within the Bargaining Unit, and/or required to attend any training classes as requested by the Company, for the purpose of cross-training the employees in the operation and/or maintenance of the equipment involved.  In making such assignments, the Company shall seek volunteers for training by posting a Training Roster.  Employees who sign the Training Roster will be selected for the training by seniority provided that they are qualified both for the training and the subsequent assignment.  Failing enough volunteers, junior employees may be required to transfer and/or attend the training.  Employees will be considered for training in accordance with the Company's needs.  When feasible, the Company may train and re-train employees in the following circumstances:

(a)          To maintain and improve their job skills in an increasingly more difficult and complex technological society; and,

(b)          To facilitate job transition opportunities for employees whose positions are to be eliminated due to automation or adoption of labor saving devices (provided that the cost of such training is not excessive, is consistent with the Company needs, and the employee has the necessary aptitude).

32.07.01               The Company will determine the number of employees to be trained and will arrange for such training.

 

32.07.02                       The Company and the Union will encourage employees to take advantage of optional training and educational opportunities after working hours.

 

32.07.03               In accordance with Article 32.07.00, employees who have received factory training, advanced training courses and other formal training courses (two (2) weeks or longer), may be assigned to the affected section/shift on the equipment, process or system trained on until adequate cross-training is accomplished, not to exceed a nine (9) month period from date of completion of the training.  Employees who have received such formal training of two (2) weeks or longer will not be eligible for further formal training during the nine (9) months, unless such additional training is on the same equipment, process or system, or there is a requirement to train an employee on more than one type of equipment, process or system in the same Section.  Such employees shall not be "bumped" by the provisions of Article 24.00.00 and are ineligible for promotion during the nine (9) month time frame unless waived by the Company.  Prior to accepting (volunteering) for such training, employees shall be notified as to what Section and shift the employee will initially be assigned to.  Employees on disability who can be released to return to work prior to the date the selection for such training is made shall be eligible for such training.

 

32.08.00               Employees are responsible for reasonable care of customer and/or Company furnished equipment, property and materials and will use best efforts to notify the Company of any sabotage or damage to Company, customer or employee property or materials.

 

32.09.00               It is the sole intention of the Company to engage in the practice of subcontracting work where the Company determines that such work cannot be effectively and economically performed by its own employees due to lack of time, skills, tools, equipment, facilities, or availability of employees, or as required by its contract with the Government.  The Company agrees that the implementation of this provision shall not be utilized to circumvent or undermine any provision of this Agreement.

 

32.10.00               Should an employee fail a medical examination required for a particular job, and as a result thereof, be unable to perform the duties of the employee’s job classification, the Company will reassign the employee to available work for which the employee is qualified and able to perform.  If the Company is unable to reassign the employee, the employee will be laid off due to lack of work and be eligible for "recall" pursuant to the provisions of Article 24.00.00.

 

32.11.00               The Union and the Company recognize that employees covered hereby are performing services for the U.S. Government in U. S. Government facilities and by use of U. S. Government equipment.  The Company is not authorized to maintain, modify, or repair such government facilities except as contractually directed.

 

32.12.00               The Union Business Representative or designee shall be permitted to attend the Company's regular Project Safety Meetings.  Additionally, the Union Business Representative or designee shall be provided with copies of the minutes of the monthly Project Safety Meetings.

 

32.13.00               A Joint Labor/Management Committee will be formed and will meet once every three (3) months or as agreed by the Company and the Union to discuss issues of mutual concern not otherwise addressed in this Agreement.

 

32.14.00               The Union may designate, in writing, a Bargaining Unit member to accompany OSHA and/or CALOSHA on any walk-around inspections.

 

32.15.00               The Company shall have available at all times in each Shop or Branch Office a supply of safety report forms for the use of the Supervisors, Stewards and Safety Monitors in reporting any needed correction in the Shops, Branches or Operating areas relative to safety conditions.  Such safety report forms, after being filled out, shall be forwarded immediately to the appropriate Safety Official.

 

32.16.00               The Company will furnish adequate safety equipment and protective clothing as needed.

 

32.16.01               When the Company requires Bargaining Unit employees to wear safety shoes in the performance of their duties, the Company shall provide safety shoes, or upon receipt of purchase reimbursement, to the affected employee(s) an amount not to exceed one-hundred dollars ($100.00) annually, or as needed by the employee on a case-by-case basis, and from then on from the date the reimbursement or safety shoes were received by the affected employee.  New Hires shall be eligible to receive the Safety Shoe reimbursement or safety shoes after completion of their Article 9.00.00 Trial Period and every anniversary date thereafter.  

 

32.17.00               This Agreement shall be binding upon the Parties hereto, their successors, administrators, executors and assignees.  In the event an entire operation, or any portion thereof, is sold, leased, transferred or taken over by sale, transfer, lease, assignment, receivership, or bankruptcy proceedings, such operation shall continue to be subject to the terms and conditions of this Agreement for the life thereof.  The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc., of the operation covered by this Agreement or any part thereof.  Such notice shall be in writing with a copy to the Union not later than the effective date of the sale.

 

32.18.00               Safety rules shall be effective when posted on Company Bulletin Boards.  Each employee shall abide by such safety rules.  Under no circumstances shall an employee be required to violate any law, code or regulation in the performance of duties.

 

32.19.00               The current policy of providing transportation following unscheduled periods of work and bona fide emergencies shall remain in effect subject to the provisions of Article 12.02.01(c).

 

32.20.00               The Company and the Union have agreed to the Substance Abuse Policy shown in Appendix "C".

 

32.21.00               The Company and the Union shall cooperate in continuing the objective to eliminate accidents and health hazards.  The Company shall make reasonable provisions for the safety and health of its employees during hours of their employment.

 

32.22.00               There may be up to twenty-five percent (25%) of the Laborer classification employed as Part-Time employees.  In each Mechanic classification, there may be up to fifteen percent (15%) or two (2) employees in that classification, whichever is greater.  The fifteen percent (15%) may only be achieved through attrition.  Attrition is defined as:

(a)                Employees promoted,

(b)               Employees who voluntarily transfer out of the classification, or

(c)           Employees who are terminated.

 

Employees referred to in (a), (b), and (c) may be replaced by Part-Time employees in accordance with Article 22.00.00.  For all other classifications there shall be a limit of ten percent (10%) or two (2) employees in that classification whichever is greater.  The Company shall not devise or put into operation any scheme, whether herein enumerated or not, to defeat the terms or intent of this provision.

32.23.00               It is understood and agreed that if a license(s) or certification(s) is required in order to perform work in job classifications covered by this Agreement, such license(s) or certification(s) shall be a condition of continued employment in said job classification.  A denial or withdrawal of such license(s) or certification(s) by an appropriate agency shall be grounds for temporary disqualification.  Should an employee become temporarily disqualified, except for gross misconduct, the Company shall place such employee, based on the employee’s seniority, into the next lower rated classification for which the employee is qualified and temporarily demote the employee until the employee re-qualifies.  If no such work is available, the employee shall be laid off in accordance with Article 24.00.00.  Upon re-qualifying, such employee shall notify Human Resources, and shall be reinstated to the employee’s former position, without bidding, as soon as a position becomes available.  An employee who is reinstated following a loss of certification shall receive the employee's applicable Appendix "A" classification rate of pay.

 

32.24.00               Employees covered hereby shall be paid on alternate Friday(s) prior to the employee's lunch break for the two (2) workweeks ending the preceding pay period.  The Company shall give the Union at least twenty-one (21) calendar days notice of any change in the payroll period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE 33.00.00  DURATION

33.01.00               This Agreement shall be effective on 1 March 2013, except for those provisions of the Agreement which have been assigned other effective dates as set forth herein and shall continue in full force and effect through 30 September 2018 and thereafter from year to year unless sixty (60) days prior to the normal expiration date of this Agreement either Party gives written notice by registered mail to the other of its intent to amend, modify, or terminate the Agreement.

Signature of the Parties

IN WITNESS THEREOF, the Company and the Union have caused this Agreement to be signed by their duly authorized representatives.

FOR:                                                                            FOR:

Teamsters Union Local #166                                       Northrop Grumman Technical Services

 

_________________________________________  _______________________________________

Mike Bergen                                                        Date David R. Booze                                                       Date

Secretary-Treasurer                                                      Program Manager

 

 

_________________________________________  _______________________________________

Jason Hodge                                                         Date            Susan Eastin                                                  Date

Business Representative                                              Director Human Resources DGSD

 

 

                                                                                                _______________________________________

Everett Alexander                                                Date Michelle Romyn                                           Date                                                    Chief Union Steward                                                     Director, Business Management DGSD

 

 

                                                                                               

Larenzo Madero                                                   Date           

Assistant Chief Union Steward                                   

 

 

__________________________________________

Eric Hug                                                               Date

Union Steward

 

 

__________________________________________

Steven Locke                                                    Date

Union Committee Person

 

APPENDIX A WAGES

A.            Effective   01 March 2013, the following progression rates shall apply:

 

1              Effective 01 March 2013, the following progression rates shall apply to all new employees who have not reached 100% of the job classification wage rate*:

First six months of employment 80% of job classification wage rate

Second six months of employment 85% of job classification wage rate

Third six months of employment 90% of job classification wage rate

Fourth six months of employment 95% of job classification wage rate

Thereafter, 100% of the job classification wage rate

* Employees shall be credited with all past unbroken service as defined in Article 09.00.00.

 

2.          Employees at the 100% of the job classification wage rate bidding into higher rated classifications will be paid:

For the first ninety (90) days, 85% of the applicable wage rate or their previous rate whichever is greater.

For the second ninety (90) days, 90% of the applicable wage rate or their previous rate whichever is greater.

After one hundred and eighty (180) days, 100% of the applicable wage rate.

 

B.            General increases to the wage schedule

         $600 Lump Sum payment to all employees on payroll as of 20 March 2013.  Amount payable on first full pay period following 20, March 2013.

         22 February 2014                                 3.0%

         7 March 2015                                         3.0%

         5 March 2016                                         2.0%

         4 March 2017                                         2.0%

               

 

Wage table rounded to the nearest two (2) decimals using Excel rounding function

 

 

 

 

Classification

Starting Wage Rate

 Pay Rate as of 22/Feb 2014  3.0%

Pay Rate as of 7/March 2015  3.0%

 Pay Rate as of 5/March 2016  2.0%

 Pay Rate as of 4/March 2017  2.0%

Ammunition Trades Helper

 $           19.25

 $                19.83

 $                  20.42

 $                20.83

 $                21.25

Ammunition Handler

 $           23.32

 $                24.02

 $                  24.74

 $                25.23

 $                25.73

Ammunition Handler Ld.

 $           27.02

 $                27.83

 $                  28.66

 $                29.23

 $                29.81

Armorer

 $           22.52

 $                23.20

 $                  23.90

 $                24.38

 $                24.87

Armorer, Lead

 $           24.35

 $                25.08

 $                  25.83

 $                26.35

 $                26.88

Electronic Technician Commel

 $           26.78

 $                27.58

 $                  28.41

 $                28.98

 $                29.56

Electronic Technician Commel Ld

 $           30.28

 $                31.19

 $                  32.13

 $                32.77

 $                33.43

Equipment Mechanic

 $           28.90

 $                29.77

 $                  30.66

 $                31.27

 $                31.90

Equipment Mechanic Trades Helper

 $           19.25

 $                19.83

 $                  20.42

 $                20.83

 $                21.25

Facilities & Property Specialist I

 $           18.71

 $                19.27

 $                  19.85

 $                20.25

 $                20.66

Facilities & Property Specialist II

 $           22.69

 $                23.37

 $                  24.07

 $                24.55

 $                25.04

Laborer

 $           14.44

 $                14.87

 $                  15.32

 $                15.63

 $                15.94

Laborer (Access Control)

 $           14.44

 $                14.87

 $                  15.32

 $                15.63

 $                15.94

Parts Clerk

 $           19.03

 $                19.60

 $                  20.19

 $                20.59

 $                21.00

Payroll Clerk

 $           18.09

 $                18.63

 $                  19.19

 $                19.57

 $                19.96

Production Control Clerk

 $           16.53

 $                17.03

 $                  17.54

 $                17.89

 $                18.25

Production Control Coordinator

 $           25.37

 $                26.13

 $                  26.91

 $                27.45

 $                28.00

Production Controller

 $           20.76

 $                21.38

 $                  22.02

 $                22.46

 $                22.91

Property Management Specialist

 $           22.68

 $                23.36

 $                  24.06

 $                24.54

 $                25.03

Property Specialist

 $           18.71

 $                19.27

 $                  19.85

 $                20.25

 $                20.66

Stock Control Specialist

 $           21.76

 $                22.41

 $                  23.08

 $                23.54

 $                24.01

Supply Clerk

 $           19.03

 $                19.60

 $                  20.19

 $                20.59

 $                21.00

Tactical Vehicle Mechanic

 $           28.90

 $                29.77

 $                  30.66

 $                31.27

 $                31.90

Tactical Vehicle Mechanic Ld.

 $           30.28

 $                31.19

 $                  32.13

 $                32.77

 $                33.43

Tactical Vehicle Trades Helper

 $           19.25

 $                19.83

 $                  20.42

 $                20.83

 $                21.25

TAMMS Clerk

 $           19.03

 $                19.60

 $                  20.19

 $                20.59

 $                21.00

Technical Inspector Ld. Wheel

 $           31.86

 $                32.82

 $                  33.80

 $                34.48

 $                35.17

Technical Inspector Ld. Track

 $           31.86

 $                32.82

 $                  33.80

 $                34.48

 $                35.17

Technical Inspector, Track

 $           30.28

 $                31.19

 $                  32.13

 $                32.77

 $                33.43

Technical Inspector, Wheel

 $           30.28

 $                31.19

 $                  32.13

 $                32.77

 $                33.43

Technical Publications Clerk

 $           18.14

 $                18.68

 $                  19.24

 $                19.62

 $                20.01

Tire Mechanic

 $           23.08

 $                23.77

 $                  24.48

 $                24.97

 $                25.47

Tool Room Attendant

 $           18.41

 $                18.96

 $                  19.53

 $                19.92

 $                20.32

Tracked Vehicle Mechanic

 $           28.90

 $                29.77

 $                  30.66

 $                31.27

 $                31.90

Tracked Vehicle Mechanic, Ld.

 $           30.28

 $                31.19

 $                  32.13

 $                32.77

 $                33.43

Tracked Vehicle Trades Helper

 $           19.25

 $                19.83

 $                  20.42

 $                20.83

 $                21.25

Vehicle Support Technician

 $           22.03

 $                22.69

 $                  23.37

 $                23.84

 $                24.32

Welder

 $           28.90

 $                29.77

 $                  30.66

 $                31.27

 $                31.90

 

 

 

APPENDIX B AUTHORIZATION FOR DUES DEDUCTION

 

Notice

I understand that the Collective Bargaining Agreement covering my job includes a union security clause, which requires union membership as a condition of employment.  Under the law, I understand that I may satisfy this requirement in any one of three (3) ways.  1) I can become a member in good standing by paying the Union’s initiation fee and monthly dues and other charges pursuant to the Local Union bylaws; 2) I can simply pay uniform initiation fees and monthly dues, and choose not to become a member; 3) I can become a Service Fee Payer and pay a percentage of the initiation fee and monthly dues, based on the amount of the Union’s collective bargaining expenditures bears to the Union’s total expenditures.  This means that I would pay for representation in collective bargaining, but not contribute my share of the Union’s expenditures for civic, charitable, and other activities not directly related to collective bargaining.  A Service Fee Payer is not a union member.  If I decide to become a non-member Service Fee Payer, or if I wish to pay full fees and dues without joining the Union, I must so notify the Union within thirty (30) days from the date on this application.  If the Union does not hear from me within thirty (30) days, I will be treated as having decided in favor of full membership.  In any event, I will be required to pay the appropriate initiation fee and monthly payments as a condition of employment.  If I decide to become a non-member Service Fee Payer, I will have the opportunity to challenge the correctness of the Union’s calculation of the service fee payment.  I will be given information as to how to do this upon my request, as well as a written explanation of the computation upon request at the Union’s office.  I understand that I can only participate in Union affairs if I am a member in good standing.  If I do not become a member in good standing, I cannot vote on the ratification of my Collective Bargaining Agreement.  I may not vote for Union Officers or attend Union Meetings.

 

Obligation

I, _______________________________, pledge my honor to faithfully observe the Constitution and laws of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.  I pledge that I will comply with all the rules and regulations for the government of the International Union and this Local Union.  I will faithfully perform all the duties assigned to me to the best of my ability and skill.  I will conduct myself at all times in a manner as not to bring reproach upon my union.  I shall take an affirmative part in the business and activities of the Union and accept and discharge my responsibilities during any authorized strike or lockout.  I will never discriminate against a fellow worker on account of creed, color or nationality.  I will at all times bear true and faithful allegiance to the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and this Local Union.

 

Witness ________________________              

Signed_________________________                                                Date__________________________

Address________________________ City ___________________ State _____ Zip ____________  

Phone__________________                  S.S.N________________________

 

APPENDIX C SUBSTANCE ABUSE POLICY

 

WHEREAS, the Company and the Union acknowledge that substance abuse is a serious and complex, but treatable condition/disease that negatively affects the productive, personal, and family lives of employees and the stability of the Company; and

 

WHEREAS, the Company and the Union are committed to addressing the problems of substance abuse in order to ensure the safety of the working environment, employees, and the public, and to providing employees with access to necessary treatment and rehabilitation assistance; and

 

WHEREAS, the Company and the Union have defined a program of employee assistance and have provided coverage to assure that employees requiring treatment and rehabilitation resulting from their substance abuse can receive such services without undue financial hardship;

 

NOW THEREFORE, the Company and the Union agree that,

 

(1)          (A)          Appropriate efforts will be undertaken by the Company and the Union to establish employee understanding that the experience of alcohol or drug problems is not, of itself, grounds for adverse action.  Employees will be strongly encouraged to self-refer and to seek and receive the services of the Employee Assistance Program prior to such problems affecting job performance or resulting in on the job incidents.

 

(B)          Employees who are subject to the provisions of the Department of Transportation's drug and alcohol regulations shall be subject to random testing as prescribed in the Federal Motor Carrier Drug testing program and procedures.  This procedure will be in compliance at all times with the above DOT testing requirements.

               

(C)          When the Company has a "reasonable suspicion" based on objective criteria that an employee is under the influence of alcohol or drugs, hereinafter referred to as "substances", or when an employee has had a serious work-related accident, the Company may require that the employee immediately go to a medical facility to provide both urine and/or blood specimens for the purpose of testing and receiving a "fitness for work" examination by a licensed physician. 

 

(D)          "Reasonable suspicion" based on objective criteria means suspicion based on specific personal observations that the Company representative can describe concerning the appearance, behavior, speech or breath odor of the employee.  Suspicion is not reasonable, and thus not a basis for testing, if it is based solely on third party observations, and reports.

 

(2)          The requirement for this testing shall be implemented where practicable, in accordance with the following procedures:

(A)               When the Supervisor has established a "reasonable suspicion" that an employee may be under the influence of substance(s), based upon specific, individualized observations, the Supervisor shall contact another Supervisor or management employee, for the purpose of confirming the "reasonable suspicion". 

In the presence of the employee and Union Representative(s), the Manager(s)/Supervisor(s) shall present the observations establishing the "reasonable suspicion".  The employee shall, upon hearing the Supervisor's confirmed observations, receive a written description of the employee’s rights, obligations, and options and shall be presented with the opportunity to refer to the Employee Assistance Program.

Failure to seek and receive these services or failure to abide by the terms of the treatment plan shall be grounds for discharge.

(B)          On-Site Pre-Screen.        The employee will be required to take a pre-screen saliva test to be performed by the HR Manager, LR Manager or a designee in the presence of a Union Steward.

                                (1)      If the test result is negative, no records are kept, the test is destroyed and the employee returns to work. 

(2)      If the test result is positive, the employee will be immediately removed from their duties and referred to a collection facility, accompanied as described below. 

(C)          While the observation of the Business Agent, Union Steward, or other Bargaining Unit employee, may be solicited and are relevant in the context of the joint Company/Union commitment to addressing the problem of substance abuse, Union representatives will not be expected to give their assent to Management’s decision to require testing or to take other management action.

(D)          An employee who does not refer into the Employee Assistance Program and refuses to go to a medical facility, after being informed of the observations establishing "reasonable suspicion" and of the requirement for immediate "fitness for work" examination and provision of blood and/or urine samples, will be discharged.

If requested, the employee shall sign consent forms authorizing: (1) the medical facility to withdraw a specimen of blood and/or urine; (2) authorizing the testing laboratory to release the results of the testing to the medical facility for physician review and to the Company; and (3) at the employee's discretion, the employee may authorize the same release as defined in item (2) of this paragraph to the Union.  By signing these consent forms, the employee does not waive any claim or cause of action under the law.  An employee's refusal to sign the release shall constitute a refusal to be examined and tested subject, however, to Section 2(E) below.

(E)          An employee who refuses to be examined and tested shall be encouraged to go to the           medical facility for this purpose with the understanding that blood and/or urine samples drawn will not be tested unless that employee, within twenty-four (24) hours, authorizes that these be tested.

If, at the end of this period, the employee still refuses to have the samples tested, the employee will be discharged unless the employee agrees, within the same twenty-four (24) hour period to refer into the Employee Assistance Program.

                (F)          The employee to be tested shall be taken to the medical facility by a Company representative and Union Steward or other Bargaining Unit employee.

(G)         In an effort to protect individual privacy, employees will not be subject to direct observation while rendering urine samples.  If the employee provides blood and/or urine samples that contain confirmed evidence of any form of tampering or substitution, the act shall constitute a refusal to be tested and the employee shall be discharged.

(H)          Blood and/or urine samples shall be drawn, subject to the provisions in Section 3 below.  Upon receipt of the specimens by the laboratory, one (1) of the two (2) urine specimens will be placed immediately, unopened, in a locked freezer for storage for a period of six (6) months.  Employees may, within twenty-four (24) hours of receipt of test results, request the presence of an approved, consulting toxicologist during the full conduct of a second independent test to be conducted at the laboratory site.  Employees requesting independent tests are liable for the costs of the second test and the consulting toxicologist unless the employee's second test results are negative.

In case of second tests, the urine specimen alone will be used as this fluid better retains the integrity of its chemical contents.  Because some drugs/drug metabolites deteriorate or are lost during freezing and/or storage, the retesting of specimens is not subject to the same testing level criteria as were used in the original analysis.

(I)           Employees subject to the requirement for testing shall be suspended for the period of time required to process, screen and confirm test results.

(J)           Employees whose test results are negative, and who pass the "fitness for work" examination, shall be reinstated with back pay for the period of suspension, except as provided in Section 4(A) below.  Employees whose test results are positive will be discharged.

 

(3)          The examination and testing procedures and standards to be carried out by the medical facility personnel and testing laboratory shall; (1) be adopted by the Company and the Union; (2) use the blood alcohol level established by the State law for intoxication; (3) rely on the testing for drugs other than alcohol, on the urine specimen to test for the presence of drugs and/or their metabolites; (4) consider "presence" only and not degree of intoxication or impairment; and (5) include the following general components:

 

(A)          Rigorous review, selection and performance monitoring of medical facilities performing the examination and specimen collection and of the laboratory facilities performing the tests.

(A.1) MEDICAL FACILITIES

Medical facilities performing the examination and specimen collection must be under the direction of a licensed physician.  The facility must employ at least one (1) certified technician.

A licensed physician must perform the "fitness for work" examination and review the laboratory reports of drug tests.  The physician must have knowledge of substance abuse disorder and must possess the appropriate medical training to interpret and evaluate all positive test results together with the employee's medical history, including medication(s) used, and any other relevant biomedical information.

The medical facility must possess all necessary personnel, materials, equipment, facilities, and supervision to provide for the collections, security, temporary storage, and transportation (shipping) of blood and/or urine specimens to the drug laboratory.  The medical facility must provide written assurances that the specimen collection space is secure; that "chain of custody" forms will be properly executed by authorized collection personnel upon receipt of specimens; that the handling and transportation of specimens from one (1) authorized individual or place to another will be accomplished through the use of "chain of custody" procedures; and that no unauthorized personnel will be permitted in any part of the specimen collection or storage spaces.

(A.2) LABORATORY FACILITIES

Laboratory facilities must comply with applicable provisions of any state license requirements and must be approved by the Parties to the Agreement.  Approval of a laboratory shall be contingent upon successful demonstration and on-site review establishing that the laboratory meets the standards for accreditation promulgated by the National Institute on Drug Abuse and upon the laboratory's ongoing participation in a program of external quality assurance.  These standards may be revised as recommended by the National Institute on Drug Abuse.

(B)          Specific specimen collection procedures that include safeguards to ensure the employee's rights to privacy.

Authorized specimen collection personnel shall request that the employee show positive identification by providing a pictured identification card such as a driver's license and shall assure that the employee signs the waiver agreement that explains the procedures for testing and reporting results.  These personnel shall remove all articles and items from the collection space or bathroom, shall assure that toilet water is colored or blued, shall turn off the hot water valve under the sink, shall assure that the tamper-proof specimen collection kit is intact and shall instruct the employee to wash and dry hands prior to entry.

Employees shall remove all excess clothing and leave belongings outside the bathroom and shall provide urine samples in two (2) containers.  Employees will not be subject to direct observation while rendering samples.  Authorized specimen collection personnel shall, however, be present outside the bathroom and shall receive containers, assure that the quantity is sufficient for testing, check color and measure the temperature of each container and record same.  These personnel shall fill in specimen labels in the presence of the employee, shall cup and seal containers with evidence tape and shall secure the employee's initials on the tape.

(C)          Flawless "chain of custody" procedures shall govern specimen handling throughout the test process.  "Chain of custody" procedures shall assure that blood and/or urine samples shall not leave the sight of the employee until each vial has been sealed and initialed, and that at least the following measures are taken by medical facility and laboratory staff:

(C.1) MEDICAL FACILITIES

Authorized medical facility personnel shall seal specimen tubes with evidence tape in the presence of the employee and the employee shall initial the evidence tape.  These personnel shall complete a "chain of custody" form and shall place the sealed and initialed specimen tubes in the drug collection kit or box provided by the laboratory along with the "chain of custody" form and signed waiver.  Authorized medical facility personnel shall seal the collection kit or box and this seal or tape shall by initialed by these personnel and the employee.  The medical facility shall make prior arrangements for courier pickup of the specimens and shall assure that all specimens are couriered or shipped to the testing laboratory as immediately as possible.  The medical facility shall assure that no specimens will be shipped on a Friday or the day before a Holiday and that any specimen held at the facility overnight shall be placed in a secured refrigerator until courier pickup.

(C.2) LABORATORY

The testing laboratory shall assure that personnel authorized to receive specimens immediately open the package, inspect the sealing tape for initials, and open the kit or box.  These personnel shall examine and inspect the "chain of custody" form, the specimen tubes, and kit or box to assure that it conforms to the requirements of subsection C.1 above.  If these requirements are not met, the laboratory personnel shall immediately notify the laboratory's Scientific Director and shall document any and all inadequacies in the "chain of custody" requirements.  The laboratory's Scientific Director shall immediately notify the medical facility, the Company and the Union of the inadequacies and shall retain the specimens in a locked freezer pending disposition direction.

If the requirements are met, authorized laboratory personnel shall sign on the appropriate line of the "chain of custody" form and deliver the specimen kit or box to authorized laboratory technologists for testing.  Each technologist shall sign on the appropriate line of the "chain of custody" form.

All positive samples shall be re-secured with evidence tape, signed, and dated by an authorized technologist.  Upon completion of testing procedures, testing reports shall be prepared and signed by at least two (2) authorized technologists for review, approval, and signature of the Scientific Director.

(D)               Established levels below which specimens are deemed negative:

Drug Assay

Screening
Cut-Off Level

BLOOD ALCOHOL *

100 MG/DL

COCAINE METABOLITE

300 NG/ML

PHENCYCLIDINE

25 NG/ML

OPIATES

2000 NG/ML

AMPHETAMINE

1000 NG/ML

CANNABINOIDS

50 NG/ML

* Subject to Section 3

(E)          The laboratory shall use appropriate screening and confirmation procedures and technology.

The laboratory shall assure that each specimen will be screened by Immunoassay Method, (EMIT) for each drug/drug group.

If this assay is positive, a final screening procedure shall be performed by a second, authorized laboratory technologist using a more specific Gas Chromatography/Mass Spectrometry (GC/MS).

Gas Chromatography/Mass Spectrometry (GC/MS) must be used as the final confirmation method.  Both tests must be positive before a specimen is reported as positive.

Blood and urine ethanol testing shall be performed by Gas Chromatography (GC) and, if positive, a second (2nd) Gas Chromatography (GC) column shall be used.

Final confirmation by Gas Chromatography/Mass Spectrometry (GC/MS) shall be subject to the following levels below which specimens are deemed negative:

Drug Assay

Confirmatory
Cut-Off level

BLOOD ALCOHOL *

100 MG/DL

COCAINE METABOLITE

150 NG/ML

PHENCYCLIDINE

25 NG/ML

OPIATES

2000 NG/ML

AMPHETAMINE

500 NG/ML

CANNABINOIDS

15 NG/ML

* Subject to Section 3

 

Screening methods measure a group of drugs and/or their metabolites simultaneously.  Confirmatory Method, on the other hand, measures single and specific drugs and/or their metabolites.  Cut off levels for Confirmatory Methods, therefore, may be lower than those for initial screening.

(F)          Procedures shall exist to assure the confidentiality of test results and the treatment of these records as confidential health information or data.

The laboratory shall ensure that testing reports, including the original "chain of custody" form, are mailed to those personnel authorized by the medical facility, the Company, and if the employee so chooses, by the Union immediately and shall ensure that, in the event that telephone reports of testing results are required by the medical facility, the Company and the Union, a security code system be used to establish that results are being verbally reported only to those individuals authorized by the medical facility, the Company and by the Union.

 

(4)          After examination and specimen testing results, the following shall apply:

(A)          If an employee is subject to discipline or termination for any other reason, such employee shall not utilize the Substance Abuse Policy to circumvent the Labor Agreement or existing practices or to avoid discipline or termination.

(B)          In the cases not covered in Section 4(A) above, the employee will have the opportunity for appropriate assistance, assessment, referral, treatment and aftercare as provided in the Employee Assistance Program and as agreed in the Employee Assistance Program's individual treatment plan with the employee.  Failure to seek and receive these services or failure to abide by the terms of the treatment plan shall be grounds for discharge.

(C)          An employee who seeks and receives assistance and completes the defined Employee Assistance Program shall, upon return to work, be subject to periodic and mandatory tests for a period of eighteen (18) months.

(D)          An employee who, on the basis of such periodic and mandatory tests defined in 4 (C) above, provides samples that contain positive and confirmed evidence of substances at or above the stipulated levels, shall not be given a second opportunity to access the Employee Assistance Program as an alternative to discharge.

(E)          Employees who successfully complete the Employee Assistance Program and their individual treatment plan agreements and who return to work will be encouraged to contact and avail themselves of the Employee Assistance Program's services whenever they desire ongoing assistance and support.

(F)          Employees who relapse and for whom "reasonable suspicion" of substance use is established a second (2nd) time, and whose test results are positive, will be subject to the disciplinary procedures up to and including discharge.  The Union and the Company may agree, however, to consider such mitigating factors as the employee's length of sobriety, job performance, length of service, etc., in such situations.

 

(5)          The Employee Assistance Program shall include the following components:

(A)          Full clinical evaluation and appropriate assessment followed by a specific individual treatment plan and regimen for the receipt of counseling, treatment, aftercare and related services subject to the ongoing monitoring of the Employee Assistance Program staff.

(B)          Active encouragement and procedures for voluntary treatment referral of troubled employees to the Employee Assistance Program in cases in which "reasonable suspicion" has not been established and in which examination and testing procedures are not invoked.

(C)          Assurances and procedures to protect the confidentiality of employees who seek Employee Assistance Program services; procedures governing the management of such employee records as medical information.

 

(6)                Any disputes arising under this addendum shall be subject to the grievance procedure established in the Labor Agreement, up to and including Arbitration.

 

 

STATEMENT OF EMPLOYEE RIGHTS AND OPTIONS UNDER Appendix "C", ALCOHOL AND DRUG TESTING PROCEDURES

 

If "reasonable suspicion" is established and confirmed that you may be under the influence of alcohol or other drugs, you are subject to the provisions for alcohol and drug testing as follows:

1.      You may refer immediately to the Employee Assistance Program as a management referral.  If you choose to refer, the testing procedures will not be invoked and you will receive the treatment and rehabilitation assistance provided under the Employee Assistance Program.  Failure to seek and receive these services or failure to abide by the terms of the treatment plan shall be grounds for discharge.  If you choose to refer and you complete the treatment program, when you return to work, you will be subject to periodic and mandatory testing for an eighteen (18) month period.

2.      If you do not refer, you will be required to go immediately to a medical facility for receipt of a "fitness for work" examination by a physician and for the rendering of two (2) sets of blood and/or urine samples.

3.      If you refuse to receive the examination and render the samples, or contaminate the sample, you will be discharged.

4.      You will receive a twenty-four (24) hour period after the examination and rendering of samples to decide whether you want them tested or not.

5.      At the end of the twenty-four (24) hour period, you have a final opportunity to refer to the Employee Assistance Program.

6.      At the end of the twenty-four (24) hour period, if you do not refer and you refuse to have the samples tested, you will be discharged.

7.      You will be suspended effective immediately upon completion of the "fitness for work" examination and rendering of samples.

8.      The testing of your samples will take an estimated two (2) to four (4) days.  You will be informed of your test results (positive or negative only) by confidential communication and registered letter from the Company, or if you choose, from the Union.

9.      If your test results are negative, you will be reinstated with full back pay provided that you are not subject to discipline or discharge for any other reason.

10.    If your test results are positive, you will be discharged.

11.  You may request, within twenty-four (24) hours of receipt of your test results, that your second (2nd) set of blood and/or urine samples be tested and the tests observed by an independent toxicologist.  If you do so, this test will be performed at the same laboratory, on the same equipment, and will be observed by an independent consulting toxicologist.

12.  If the results of this test are negative, these results apply.  You will be eligible for reinstatement with back pay provided that you are not subject to discipline or discharge for any other reason.  The Company will pay for all costs of testing.

13.  If the results of this test are positive, you will not be eligible for reinstatement and you will be liable for the costs of the independent test you have requested.

 

APPENDIX D UNIFORMS

Company will provide two ( 2) Belts to Uniforms .

CLASSIFICATION

 

UNIFORMS

 

JACKETS

 

COVERALLS

 

Ammunition Handler

 

11

 

2

 

3

 

Ammunition Handler, Lead

 

11

 

2

 

3

 

Armorer

 

11

 

2

 

3

 

Armorer Lead

 

11

 

2

 

3

 

Dispatcher

 

11

 

2

 

 

 

Electronics Technician, Commel

 

11

 

2

 

3

 

Electronics Technician, Commel Ld

 

11

 

2

 

3

 

Equipment Mechanic

 

11

 

2

 

3

 

Equipment Mechanic Lead

 

11

 

2

 

3

 

Equipment Mechanic Trades Helper

 

11

 

2

 

3

 

Facilities & Property Specialist I

 

11

 

2

 

 

 

Facilities & Property Specialist II

 

11

 

2

 

 

 

Laborer

 

11

 

2

 

 

 

Laborer  (Access Control)

 

11

 

2

 

 

 

Parts Clerk

 

11

 

2

 

3

 

Payroll Clerk

 

11

 

2

 

 

 

Production Control Coordinator

 

11

 

2

 

 

 

Production Controller

 

11

 

2

 

 

 

Property Management Specialist

 

11

 

2

 

 

 

Property Specialist

 

11

 

2

 

 

 

Stock Control Specialist

 

11

 

2

 

 

 

Supply Clerk

 

11

 

2

 

3

 

Tactical Vehicle Mechanic

 

11

 

2

 

3

 

Tactical Vehicle Mechanic, Lead

 

11

 

2

 

3

 

Tactical Vehicle Trades Helper

 

11

 

2

 

3

 

TAMMS Clerk

 

11

 

2

 

 

 

Technical Inspector (Track)

 

11

 

2

 

3

 

Technical Inspector Lead (Track)

 

11

 

2

 

3

 

Technical Inspector (Wheel)

 

11

 

2

 

3

 

Technical Inspector Lead (Wheel)

 

11

 

2

 

3

 

Technical Publications Clerk

 

11

 

2

 

 

 

Tire Mechanic

 

11

 

2

 

3

 

Tool Room Attendant

 

11

 

2

 

 

 

Tracked Vehicle Mechanic

 

11

 

2

 

3

 

Tracked Vehicle Mechanic, Lead

 

11

 

2

 

3

 

Tracked Vehicle Trades Helper

 

11

 

2

 

3

 

Vehicle Inspector

 

11

 

2

 

3

 

Vehicle Support Technician

 

11

 

2

 

3

 

Welder

 

11

 

2

 

3

 

 

 

APPENDIX E            ABSENTEEISM/TARDINESS POLICY

POLICY PURPOSE

To establish consistent guidelines for administering and monitoring attendance and tardiness.

POLICY STATEMENT

Attendance and punctuality are important to the efficient operation of any business.  Good attendance and punctuality are essential components of employee performance and are measured by objective standards.  Poor attendance and tardiness disrupt productivity and makes it difficult to function effectively.  Each employee shall be responsible for the employee's attendance and being to work at the right time each day.

POLICY GUIDELINES

1.                   Absence is defined as any time an employee is scheduled to work and does not is unable to report for work.

2.                   Tardiness is defined as any time an employee arrives late at the start of the employee’s shift.  Tardiness is further defined as not being present at the employee’s designated roll call in the immediate work area at the start of the shift.

(a)          The employee’s designated roll call point and immediate work area may differ depending on the work assignment.

3.            ABSENCES – Excused absences are defined as those that occur on account of Vacation, Holidays, Jury Duty, Bereavement Leave, Military Leave, court appearances as a subpoenaed witness, Workers' Compensation time off, prior approved Leaves of Absence, Company initiated time off or time off on approved Union business.

(a)          An unexcused absence will count as one event, except as stated in subparagraph b, below. 

(b)         No event will be issued for an absence provided the employee gives timely notification of the absence under paragraph 5 and the employee has sufficient accrued PPL to cover the absence. 

4.            TARDINESS

(a)          If an employee is tardy for six (6) or more minutes and the tardiness was not pre-approved one half (½) event will be issued regardless of the employee’s PPL balance.

(b)         If an employee is tardy past the half-way point of the employee's shift, and the tardiness was not pre-approved, the employee will be issued one full event regardless of the employee’s PPL balance.

 

5.            NOTIFICATION Employees are solely responsible for notifying their supervisor or designee of tardiness or an absence. Such notification may be by verbal notification, either in direct contact or voice mail message, or e-mail, but in any event must be received by the Company no later than two (2) hours after the start of such employee's shift.  A list of phone numbers of Supervisors / Managers who may be notified shall be posted in all work areas.

(a)             Failure of an employee to notify the employee’s supervision of a tardiness or absence within two (2) hours of the start of the shift will result in one half (½) event for tardiness or one (1) full event for absences.

(b)            Failure of an employee to notify the employee’s supervision of an absence within two (2) hours of the start of the shift and being absent (no call / no show) will result in one event regardless of the employee’s PPL balance.

(c)             Failure of an employee to notify the Company and being absent from work, or is tardy past the first half (½) of the employee's assigned work shift schedule, shall constitute one (1) event, not one and one half (1 and ½) events.

6.            USE OF PPL – If an employee has enough PPL in the employee's account, PPL may be used, fractionally rounded up to the next one-tenth (0.1) of an hour, to avoid a loss of pay for tardiness and/or absence if the employee so desires.  Use of PPL will not affect whether the employee gets a one-half event for a tardy.  Use of PPL may avoid an event for an absence if timely notification has been given under paragraph 5.

7.            VACATION USAGE – Vacation time may be utilized in hourly increments to avoid a loss of pay for tardiness or an absence provided a request to use such Vacation time is approved by the Company prior to such Vacation use in accordance with Article 16.06.00.

8.            If an employee is absent and the employee works a four (4) day, ten (10) hour schedule, the employee will need to use 10 hours of PPL or 10 hours of vacation or any combination of the two that adds up to 10 hours to cover the absence without suffering an event, assuming proper notification is given under paragraph 5.  If the absence is because of illness, the employee shall telephone the employee's Supervisor as provided in Article 18.03.00 and advise the Supervisor of the reason and expected period of absence due to illness.  Vacation time of less than one (1) week may be used by an employee in lieu of Paid Personal Leave if a request to use such Vacation time is received by the Company prior to such Vacation in accordance with Article 16.06.00.

9.                            An employee who is absent from work for a period of three (3) consecutive work days without reporting the reason thereof shall be considered as having resigned without notice. 

10.          If an employee is absent for two (2) days or more, because of illness, the employee shall telephone the employee's supervision as provided in Article 18.03.00 and advise the Supervisor of the reason and expected period of absence due to illness.  The employee then shall submit a written document to Human Resources from the treating physician certifying the period of illness within two (2) working days.  If each of the steps is followed, provided an employee has enough PPL to cover the first day of the absence, the employee shall not be charged with an event.  If each of the steps is followed and the employee does not have enough PPL, the employee will be charged with one (1) event only.  If the employee fails to comply with any of the above steps, or the Physician’s certificate does not verify the illness or disability for the entire period of absence, the employee shall be charged an event for each day(s) not covered by the Physician’s certificate.  If an employee follows each of the foregoing steps, the employee need only phone the Supervisor on the first (1st) day of absence.  If each of these steps and the absence is certified by the physician and is an FMLA qualifying leave, no event shall be charged. 

11.          If an employee has accrued Vacation time or PPL and is absent on a day which would ordinarily call for more than the regular rate of pay and the employee uses Vacation time or PPL to avoid an event, the employee will be compensated at the regular rate of pay for such Vacation or PPL time, not the higher rate of pay which the employee would have earned had the employee worked that day. 

 

TARDINESS & ABSENCE PROGRESSIVE DISCIPLINE

An employee(s) first (1st) event or one half (½) of one (1) event is the starting point in the Progressive Disciplinary Table below and the employee progresses through the disciplines within a rolling twelve (12) months progressive disciplinary process, with each event removed after twelve (12) months from the occurrence of said event.  Time spent on any leave of absence shall not be calculated in meeting the 12 month requirement.

Number Of Events in a
Rolling 12-Month Period

Progressive Discipline Action

4

VERBAL

6

WRITTEN

8

SUSPENSION*

10

TERMINATION

                        *Three (3) suspensions within a twelve (12) month period shall result in termination.

 

 

 

 

 

RESPONSIBILITY

Responsibility for promoting good attendance and/or adherence to this policy rests with all Managers, Supervisors and Employees.  The Human Resources Department is responsible for assisting with the consistent application of the policy.

 

 

 

 

 

NOTICE TO ALL MEMBERS

 

 

IF YOU BECOME UNEMPLOYED IN THE JURISDICTION OF THE LOCAL UNION, YOU WILL BE ISSUED A WITHDRAWAL CARD ON REQUEST PROVIDING ALL DUES AND OTHER FINANCIAL OBLIGATIONS ARE PAID TO THE LOCAL UNION, INCLUDING THE DUES FOR THE MONTH IN WHICH THE WITHDRAWAL CARD IS EFFECTIVE.

 

IF YOU ARE ON A DUES CHECK-OFF WITH YOUR COMPANY AND LEAVE FOR ANY REASON AND DUES ARE NOT DEDUCTED, IT IS YOUR RESPONSIBILITY TO KEEP YOUR DUES CURRENT OR REQUEST A WITHDRAWAL CARD FROM THE LOCAL UNION OFFICE.

 

FRATERNALLY,

 

MIKE BERGEN, SECRETARY-TREASURER