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COLLECTIVE BARGAINING AGREEMENT BETWEEN AAI CORPORATION And THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL‐CIO District Lodge 112 And its Local Lodge 2017 (C‐17 Program) Charleston AFB, SC Effective December 2, 2011 – November 30, 2014 TABLE OF CONTENTS ARTICLE TITLE PAGE Agreement 3 1 Recognition 4 2 Rights of Management 4 3 Union and Company Relations 5 4 Grievance Procedure and Arbitration 8 5 Discipline and Discharge 12 6 Seniority 12 7 Workweek, Hours of Work, Shifts 15 8 Overtime 17 9 Leave of Absence 18 10 Safety 21 11 Separability 21 12 Miscellaneous 21 13 Jury and Witness Duty 25 14 Short‐term Military Duty 25 15 Wages 26 16 Vacations 27 17 Personal Time Off 29 18 Holidays 31 19 Group Benefits 31 20 Duration 34 Appendix A 35 C-17 Charleston
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AGREEMENT THIS AGREEMENT entered into and effective the 2nd day of December, 2011, by and between AAI Corporation, an operating unit of Textron SYSTEMS (hereinafter referred to collectively and separately as the "Company") and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL‐CIO, and DISTRICT LODGE 112 and their LOCAL LODGE 2017(herein referred to collectively and separately as the "Union") as representative for the purpose of collective bargaining of the employees hereinafter defined. Said parties agree as follows: The purpose of this agreement is to provide orderly collective bargaining relations between the Company and the Union, to secure a prompt and fair disposition of grievances and to stabilize employment relations for the duration of this agreement. The term "employee" or "employees" as used in this agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article, and this agreement shall apply only to such employees. This agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives. Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. The waiver of any breach or condition of this agreement by either party shall not constitute a precedent for any further waiver of such breach or condition. This agreement shall be binding upon the Company, its corporate successors and assigns. C-17 Charleston
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ARTICLE 1 RECOGNITION Section 1.1 The Company hereby recognizes the Union, its designees and representatives, its successors and/or assigns, as the sole and exclusive bargaining representative for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment for all employees employed by AAI under the C‐17 Training System Program under the L‐3 and US Air Force Prime Contract Number FA8621‐11‐D‐6261 and its successor contracts and included in the bargaining unit described herein. This agreement excludes all office clerical employees, administrative assistants, confidential employees, Managerial employees, professional employees, guards and supervisors as defined in the National Labor Relations Act, and all other employees of the Employer, including those employees on other contracts other than those identified above.
Section 1.2 If any of the specific provisions of this agreement are rendered unlawful by changes in state or federal law, the Company and the Union will meet and discuss any changes which may be necessary to conform to the terms of the contract with the requirements of the law. All other provisions not affected shall remain in full force and effect. ARTICLE 2 RIGHTS OF MANAGEMENT Section 2.1 The management of the Employer and the direction of the work force is vested exclusively in the Employer subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration by the Employer in accordance with such policy or procedure as the Employer from time to time may determine. The Employer does have the right to subcontract work and designate the work to be performed by the Employee and the places where it is to be performed, which right shall not be subject to arbitration. The Employer agrees that no bargaining unit employees will be laid off as a direct result of subcontracting bargaining unit work. Future work that is added to the site may be subcontracted to Small Business to meet the Prime Contractors small business requirement as mandated by customer. C-17 Charleston
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ARTICLE 3 UNION AND COMPANY RELATIONS Section 3.1 Strikes and Lockouts. The Union agrees that neither it nor any of the employees in the bargaining unit, covered by this Agreement will collectively or individually engage in or participate in any strike, slowdown or stoppage of work during the term of the Agreement and the Company agrees that during the term of this Agreement it will not lock out any of the employees covered by the Agreement. Section 3.2 In the event of any violation of Article 3 Section 3.2 of this Article, it shall be the duty and obligation of the Union, its officers, agents, or representatives (employee or non‐
employee) to immediately take all reasonable steps required to bring an end to such misconduct. Any employee who violates this clause shall be subject to discipline. Section 3.3 The Company agrees that for the duration of this agreement there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of the operation or any part thereof or curtailing any operation for business reasons. Section 3.4 During the term of this Agreement, the Company, insofar as permitted by State and Federal law, shall deduct out of the current net earnings payable to an employee covered by this Agreement, applicable Union dues or agency service fees, initiation fees and reinstatement fees, upon receipt of and in accordance with a legally valid deduction authorization, duly executed by the employee, on a document provided by the Union. The Company shall continue deductions until such authorization is duly revoked by the employee. Section 3.5 Deductions from money due the employee pursuant to the Article shall be made from the net earnings due the employee on the first regular payday of each month. Such payroll deductions shall be made by the Company beginning with the second pay date commencing after receipt by the Company of the executed authorization form. Section 3.6 In the event an employee does not have sufficient earnings on a regular payday to cover the amount of said deductions for that payday, the Company shall make such deduction C-17 Charleston
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from the earnings due the employee on the next regular payday. Except as provided above, deductions for applicable service fees or dues shall be for the current pay period only. Section 3.7 Deductions shall be remitted to the General Secretary Treasurer of the International Association of Machinists and Aerospace Workers by the 10th of the following month. The Employer shall issue all Union payments for Union dues and Initiation Fees via check or electronic transfer of funds. The Company shall furnish to the General Secretary Treasurer at the time, a list showing those employees for whom deductions have been made and the amount thereof. Section 3.8 The Union will indemnify and hold the Employer harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Employer which are based on or arise out of any action taken by the Employer in accordance with or arising out of the foregoing provisions of this Article. Section 3.9 Business Representatives/Grand Lodge Representative ‐ Access to Site. The Business Representative/Grand Lodge Representative of the Union shall have access to the Company facilities where bargaining unit employees are normally assigned during working hours for the purpose of conducting legitimate Union Business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and will not interfere with the normal conduct of the Company’s operation. The Company will not impose regulations which will render the intent of this provision ineffective. The Union shall keep the Company Director of Human Resources currently informed in writing of the name of the accredited Business Representative/Grand Lodge Representative. The Business Representative/Grand Lodge Representative shall notify the Site Manager or his designee prior to any visit to the site. The necessary Company badges and credentials will be given to the Business Representative/Grand Lodge Representative. The right of entry shall at all times be subject to the Employer's rules, customer restrictions, and security restrictions applicable to non‐employees. The Union representative shall not interfere with Employer operations. Section 3.10 Shop Stewards. It is hereby understood and agreed that the Union may assign one (1) Shop Steward to represent Bargaining Unit employees. Nothing in this section C-17 Charleston
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precludes a shop steward from representing a member outside of their specific shift. An employee while serving as a shop steward shall not be subject to layoff, transferred or loaned from his job classification so long as other employees remain in his job classification and on the shift he is designated shop steward. A shop steward may be present if requested by the employee at an investigatory meeting conducted by the Employer, which could result in the discipline or discharge of an employee, provided that such employee has requested shop steward representation. The Union shall notify the Company in writing on Union letterhead of the individuals so selected in this capacity. Section 3.11 Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance. Each respective steward shall investigate complaints or claims of grievance on the part of employees or the Union to include contacting the business representative in regard to such claim or grievance. The appropriate supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or steward, the supervisor shall authorize a steward to participate in a private discussion with an employee, business representative, or his designee, relating to a complaint or grievance. Discussions of the type described in this Section shall be conducted without requiring the employee or steward to be on unpaid time provided the discussion does not extend beyond the time that the supervisor considers reasonable under the circumstances and in no cases goes beyond the end of the assigned shift. Section 3.12 Bulletin Boards. The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following. (a) Notices of Union meetings; (b) Notices of Union elections and results thereof; (c) Notices of Union recreational and social affairs; (d) Such other notices as are mutually agreed upon. C-17 Charleston
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Only notices approved by the Business Representative/Grand Lodge Representative, or his designee, authorized in writing by the Union and approved by the Company may be placed on the bulletin boards. Section 3.13 Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under his or her supervision topics pertinent to the workplace, including but not limited to, the employee's job performance. Section 3.14 Joint Meetings. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Management representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement. This Section is intended to provide a free avenue of communication between the Union and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints. ARTICLE 4 GRIEVANCE PROCEDURE AND ARBITRATION Section 4.1 "Grievances" shall mean, and be limited to disputes of differences between the Company and the Union, or employees so represented at Charleston AFB only, with respect to the interpretation or application of any specific provision of this agreement. Both parties agree to use their best efforts, including informal meetings involving management, supervision, the Shop Steward, and the grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the steps listed below. For purposes of C-17 Charleston
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computing time under any of the provisions of this Article, "days" shall mean working days, excluding weekend days and holidays. Section 4.2 All grievances beyond Step 1 below, involving employee claims shall be in writing on grievance forms provided by the Union and shall be signed by the employee and/or Shop Steward or Union Representative claiming rights hereunder. Grievances will be presented at and in accordance with Step One of this Grievance Procedure within ten (10) days after the occurrence of the facts or circumstances constituting the grievance arose or when the Union, the employee or the Employer first became aware, of the circumstances giving rise to the grievance in an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits; Step 1: Any employee covered by this Agreement, and the appropriate Union Steward shall present his or her grievance to the Site Manager. To be timely and properly filed a grievance must be presented in writing within ten (10) days after the occurrence of the facts or circumstances constituting the grievance. The grievance document shall clearly indicate that the matter is a grievance and shall identify the Article(s) and Section(s) of the Agreement at issue, and shall be on the appropriate grievance form. The Site Manager will hold a meeting within ten (10) days after receiving the grievance consisting of the shop steward and/or the affected employee. The Site Manager shall give a written response to the Steward within ten (10) days after the meeting was held. If the grievance is not resolved at Step One, the Steward shall forward the grievance to the Union Business Representative. Step 2: If the grievance is not resolved at Step One, the grievance shall be presented by the Business Representative to the Program Manager within ten (10) days after the Employer's Step One representative has responded to the grievance or the date on which the response is due. Within ten (10) days of the filing of the grievance with the Program Manager, the Program Manager may conduct a meeting, which may be attended by the Business Representative, the Steward and the affected employee. Within ten (10) days after the meeting is held or after the grievance was received if no C-17 Charleston
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meeting is held, the Employer shall notify the Business Representative of its decision in writing. Step 3: If agreement is not reached at Step Two with the Program Manager, Director of Human Resources, or designee, shall consider the grievance on presentation by the employee‐grievant and the Union representative or the Union representative in the manner set forth in Step Two. Section 4.3 A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances nor a precedent which shall bind the parties as an interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement. Section 4.4 Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or handle a complaint or grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions outlined above. Section 4.5 The Local Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any bargaining unit individuals whose pay is in dispute or other information directly related to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during, normal work schedules. Section 4.6 It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto. Section 4.7 Nothing in this article precludes the union from filing a grievance on behalf of an employee or employee's, in the event of unusual or unforeseen circumstances. C-17 Charleston
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Section 4.8 Arbitration Procedure. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within a thirty (30) working day period specified in Section 4.2, Step 4 of Article 4, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived. Section 4.9 In the event the Union or the Company submits a grievance to arbitration, a panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation Service. The right to first strike a name will be determined by lot; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains. Section 4.10 The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the arbitration will be borne equally by the parties. Section 4.11 Business Representative/Grand Lodge Representative, When Not Available May Authorize Designee. For any period that the Business Representative/Grand Lodge Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited Steward or another accredited Business Representative/Grand Lodge Representative to act for him, as his designee. As to each such period of unavailability, authorization of the designee will be accomplished by the Business Representative/Grand Lodge Representative informing the appropriate Company representative of the expected period of the Business Representative/Grand Lodge Representative's unavailability to perform his duties under this Article 4, he shall promptly notify the Company representative of the fact and such notice will terminate the period during which the designee is authorized to act. C-17 Charleston
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ARTICLE 5 DISCIPLINE AND DISCHARGE Section 5.1 ‐ Employee discipline prior to termination generally will be in the form of a verbal warning, a written warning, and final written warning which may or may not include a suspension. However, depending on the nature of the incident, nothing herein should be construed as requiring the Employer to utilize all or any steps of progressive discipline in any given situation. Section 5.2 ‐ The Employer may discipline and discharge non‐probationary employees for just cause. Just cause for discipline or discharge shall include, but not be limited to, all of the offenses listed in the Employer's reasonable Work Rules. Just cause for discipline or discharge also may include any reason in addition to the reasons listed in the Work Rules. Section 5.3 ‐ The Employer will make reasonable efforts to notify the shop steward about the discharge or discipline prior to the discharge or discipline. In no event shall this reasonable effort to notify the shop steward delay imposition of the discharge or discipline. ARTICLE 6 SENIORITY Section 6.1 Probationary Period. For the employees hired after December 2, 2011 the employees first one hundred and eighty days (180) days of employment, shall be considered as on probation and without seniority. However, if a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward the completion of his probationary period. During such one hundred and eighty (180) day period, probationary employees may be laid off or terminated at the discretion of the Company. Such layoffs or terminations during the probationary period shall not be subject to the grievance and arbitration procedures. Except as specifically mentioned in this section, the employer is required to maintain all provisions of this agreement for probationary employee.
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Section 6.2 Definitions. a) All employees at the Charleston AFB site have seniority defined as his/her length of service to include the whole span of continuous service with the present contractor or successor, and with the predecessor contractors in the performance of similar work at the same facility. Employees with breaks in service are credited with seniority for their time worked with the Employer. All benefits, vacation, and administrative actions will recognize the longevity and/or accrued benefits. Appendix “A” sets forth a list of all persons employed at the Charleston AFB facility, showing their job position, seniority date, and benefit service date. Appendix “A” shall be used together with future service to determine seniority of persons currently employed in or transferred to the bargaining unit on or after November 1, 2011. b) Employees hired or transferred into the unit after ratification shall have seniority established upon entrance into the C‐17 Program, Charleston AFB, SC bargaining unit; c) Seniority will not be broken for: (1) periods of approved absence with leave, (2) periods of layoff due to lack of work, (3) periods of absence due to injury or illness. Periods of absence set forth in (2) and (3) shall not exceed 24 months. In the case of occupational injuries, where employees return to work, continuous employment will be for the length of the disability; d) When two or more employees are hired on the same day, the last four digits of their Social Security number shall then be used for purposes of lay off, recall and promotion (i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on the same day); e) Current employees, on the date of ratification, will have seniority and service for benefit eligibility as stated in Appendix A. C-17 Charleston
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Section 6.3 Loss of Seniority. All seniority of any employee shall terminate if the employee: a) Voluntarily resigns; b) Is discharged for “Just” cause; c) Is on layoff for a period of time equal to his or her seniority or two years, whichever is greater; d) Is barred by the customer’s written order or whose security clearance has been revoked a) and is not legally reinstated within ninety (90) days, or is under appeal; e) Fails to report for work within ten (10) working days, or fails to notify the Human Resources Representative within five (5) working days of his or her intention to return to work after notice of recall from layoff; f) Is absent from work for three (3) or more consecutive working days without notifying the Employer or without adequate reason if he or she does notify the Employer; g) Failure to keep the Employer advised of any changes in current mailing address. The Employer will fulfill its obligation for notice of recall by mailing a certified notice to the employee's last address of record; h) Fails to report for work at the expiration of a leave of absence granted by the employer. Section 6.4 Layoff. When it becomes necessary to reduce the number of employees within a classification, Probationary employees of that classification shall be laid off first, then if the need to lay off other employees still exists the Part‐time employees shall be laid off then the Full‐time employees in the job classification shall be laid off in accordance with reverse seniority. The company shall notify affected employees as soon as the facts are known to the Company of upcoming layoffs. Section 6.5 Recall. Employees will be recalled in reverse order of layoff. The Company will send recall notices, by certified mail, to employee’s last official address. The employee has five C-17 Charleston
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(5) working days after receipt by employee of the notice to accept re‐employment. If no laid off employees in a job classification who are recalled accept reemployment, then laid off employees outside the classification, who are qualified in the classification, will be recalled as stated above. Section 6.6 Transfer Seniority. Employees who may be transferred onto the contract from another company location will have their seniority date established as the date of transfer. Such employees will have their benefit service date maintained for vacation eligibility and benefit determination purposes. Section 6.7 Transfers To and From the Bargaining Unit. 6.7(a) The Employer may transfer or promote employees covered by this Agreement to supervisory positions. 6.7(b) Individuals returning to the bargaining unit will utilize their Employer service date to establish their level of benefits only. Otherwise, their bargaining unit seniority will establish their position for layoffs. ARTICLE 7 WORKWEEK, HOURS OF WORK, SHIFTS Section 7.1 The purpose of this Article is to define the normal hours of work. The normal payroll week is the period from Monday at 0001 hours through the following Sunday at 2400 hours consisting of no less than forty (40) hours for "Full‐Time" employees with two consecutive days of rest during said workweek. It is the company’s intention to give each employee at least one weekend day, either Saturday or Sunday, when assigning two consecutive days of rest unless otherwise mutually agreed to by employee and management or as dictated by customer requirements. The bi‐weekly payroll period is a fourteen‐day period commencing on Monday at 0001 hours running through the second Sunday at 2400 hours. Section 7.2 The employee’s regular assigned workweek may consist of five (5) consecutive eight and one half (8 1/2) hour days, which includes a thirty (30) minute unpaid meal period. The unpaid meal period will be taken as work permits. C-17 Charleston
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Section 7.3 Determination of starting time and hours of work shall be made by the Company and such schedules may be changed with a minimum of one week notice to change one’s shift. However, employees will not be scheduled to work within 12 hours of their previously scheduled work period without their concurrence. The starting time of the various shifts will be as follows: First Shift (Day): Beginning at or after 4:00 a.m. but before 12:00 p.m. Second Shift (Swing): Beginning at or after 12:00 p.m. but before 8:00 p.m. Third Shift (Mid): Beginning at or after 8:00 p.m. but before 4:00 a.m. Section 7.4 An employee who is unable to report for work at his or her scheduled start time must notify his or her immediate supervisor at least one (1) hour before his or her regularly scheduled start time. If the absence exceeds one (1) day, the employee must contact his or her immediate supervisor each day at least one (1) hour before his or her regularly scheduled start time. Section 7.5 If no regular work is available the Company has the right to assign other work, or give employees the option to take vacation or leave without pay. Section 7.6 An employee who is scheduled and reports for work at the scheduled time without having been notified not to so report, shall be given 4 hours work of any type which is available, or if no such work is available, he shall be given 4 hours pay at the applicable rate provided. Section 7.7 An employee who is called and reports back for work after he has completed his regularly assigned shift and departed from the premises shall receive a minimum of 4 hours pay at the applicable rate. Section 7.8. When an employee is not scheduled, and is called and reports for work, outside his scheduled workweek, he shall receive a minimum of 4 hours work or 4 hours pay at the applicable rate unless the employee opts to leave when the work is completed. Section 7.9 If an employee is specifically notified and scheduled to start work 4 hours or less before the starting time of his regularly scheduled shift, within his assigned workweek as set C-17 Charleston
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forth in Section 3, he shall be given the opportunity to remain at work until the end of his regular shift. ARTICLE 8 OVERTIME
Section 8.1 The Employer may require employees to work overtime. Section 8.2 No employee may work overtime without the prior approval of his or her supervisor. Section 8.3 If an employee is required by the Employer to attend a meeting, which is held during his or her off‐duty hours, the employee will be paid for the time spent in attendance in accordance with Article 15. Section 8.4 Employees shall be paid for time worked computed to the nearest one‐tenth hour. Section 8.5 The Employer will attempt to meet its overtime requirements on a voluntary basis among the employees who normally perform the work on a straight time basis. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the overtime, and a reasonable effort will be made to equalize overtime between employees within a work group, such work groups to be determined by the Employer. Section 8.6 Time worked within an assigned shift period shall be compensated at straight time rates. Overtime rate of pay shall be compensated at the rate of time and one half after forty hours worked. Overtime can be requested with 24‐hour notice. Employees required to work on the seventh consecutive day of their scheduled shift will be paid double time for the 7th day. Section 8.7 Regular full time and regular part‐time employee shall have first preference for work schedules. Individual employees on military leave who are available to work shall only be assigned to work after schedules for full time and regular part‐time employees are assigned. C-17 Charleston
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Section 8.8 Employees working 32 hours or more per week over a continuous three month period will be considered “Full Time Employees.” It is not the intent of the Employer to manipulate this Section in order to avoid promotion to full‐time status. ARTICLE 9 LEAVE OF ABSENCE Section 9.1 Authorized Leaves of Absence. A leave of absence shall be granted to an employee on the active payroll for the instances listed below with the exception of 9.1(f). Requests for leaves of absence must be made in writing to the Employer and specify the reason for the absence. 9.1(a) In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work. The Employer may require satisfactory proof of such injury or illness. 9.1(b) In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law. 9.1(c) For the period of time necessary to serve in the Armed Forces of the United States. 9.1(d) When he is appointed by the President or Directing Representative of the Union representing the particular unit, or selected to a full‐time Union position, for the period of time necessary to fill such position. 9.1(e) The Employer may grant leaves of absence without pay for other reasons that the Employer considers valid. Should the request for Leave of Absence be rejected by the Employer, the reason will be discussed with the employee. 9.1(f) A personal leave of absence for up to 30 days may be granted for compelling reasons subject to management approval. C-17 Charleston
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Section 9.2 Return from Leave of Absence. An employee who applies for return from leave of absence on or before the expiration date of his leave, and is able to perform the essential functions of the job, will be returned in accordance with the following: 9.2(a) When an employee returns from a leave of absence that was granted due to industrial injury or industrial illness and is medically able to perform the job which was last held; 9.2(a)(1) The employee will be returned to that job if this does not conflict with Article 5 Section 5 and Section 6, 9.2(a)(2) If this does conflict with Article 5 Section 5 and Section 6, the employee will be considered for any job that he is qualified and able to perform, or (if a layoff occurred that would have affected him during such leave) be subjected to layoff procedures with Article 5 Section 5 and Section 6. 9.2(b) When an employee returns from a leave of absence described in Paragraph 9.2(a) and is not able to perform the job last held due to medical limitation, he will be considered for any job that he is qualified and able to perform, or if a surplus occurred that would have affected him during such leave, be subjected to layoff procedures, all in accordance with Article 5 Section 5 and Section 6. 9.2(c) When an employee returns from a leave of absence that was granted due to non‐
industrial injury or illness, and the period of the leave has not exceeded one year, and the employee is able to perform the job last held, the steps and procedures of subparagraphs 9.2(a)(1) and 9.2(a)(2), limitation will apply. 9.2(d) When an employee returns from a leave of absence described in paragraph 9.2(c) and is medically not able to perform the job which he last held due to medical limitation, he will be considered for any job which he is qualified and able to perform; otherwise, he may be placed on layoff, in accordance with Article 5 Section 5 and Section 6. C-17 Charleston
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9.2(e) If leave was granted due to non‐industrial injury or illness and the period of leave is in excess of one year, the employee may be returned to the job title classification last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 5 Section 5 and Section 6; otherwise, he may be placed on layoff. 9.2(f) If leave was granted for military service, the provisions of applicable laws shall apply. 9.2(g) If leave, irrespective of length, was granted for any reason other than those stated in paragraphs 9.1(a) to 9.1(f) inclusive, the employee will be returned to the job title last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 5 Section 5 and Section 6; otherwise, the employee may be placed on layoff. 9.2(h) If leave was granted to accept a full‐time position with the Union, the employee will be returned to the job last held if such job is then populated. If such job is not then populated, the employee will be returned to one of equal grade. Section 9.3 Union Leave. Upon making a timely request, Union leave shall be granted for one (1) employee at a time designated by the Union, to receive up to 80 hours per person of training annually at any Union training facility to serve on special delegations conducting Union approved business. This leave shall be granted to no more than two employees per year and shall be an unpaid leave of absence. The Company will make every attempt to comply with the above unless there are extenuating circumstances mandated by the customer that prevent this. In these cases, the Company agrees to work with the Union in an attempt to find alternative mutual resolutions. Section 9.4 Family Medical Leave Act. The Company agrees to comply with the Federal Law regarding the Family Medical Leave Act and bargaining unit employees will comply with all appropriate procedures regarding the Act. C-17 Charleston
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ARTICLE 10 SAFETY Section 10.1 Health and Safety. The Company will continue to make reasonable provisions for the comfort, safety and health of employees. The parties shall work together to insure compliance with established State, Federal and customer driven initiatives, rules and regulations. The company will reimburse employees for 50% of the cost of one pair of safety shoes per year. ARTICLE 11 SEPARABILITY Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. The Company and the Union shall meet as soon as possible after the enactment of such legislation or decree to reestablish compliance. ARTICLE 12 MISCELLANEOUS
Section 12.1 Sabotage. The Union agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, Government, customer or any other person's or employee's property. The Union further agrees, if any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation. Section 12.2 Security Clearance. Nothing in this Agreement shall require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant Security Agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work. However, the Company will give consideration to assigning an employee in his job title to an area for which he is qualified and a clearance is not required. C-17 Charleston
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Section 12.3 Non‐Discrimination. The Employer and the Union agree that no employee shall be discriminated against or harassed on the basis of race, color, religion, national origin, age, sex, sexual orientation, disability or veteran’s status. The Employer and the Union further agree that a qualified employee With a disability who is able to perform the essential functions of his or her position or of a specific position for which he or she is being considered, with or without reasonable accommodation, shall not be discriminated against on the basis of his or her disability. Notwithstanding the above, it shall not be a violation of this contract if a bona fide occupational qualification exists. Section 12.4 Performance of Work. Company employees in job classification not covered by this Agreement shall not perform work normally performed by employees in the bargaining unit, except in cases of emergency, research work, audit, experimental, or work of a special mechanical nature, (e.g. installation of modifications, when necessary), special training of employees from other locations, or to instruct employees properly. The term “Emergency” is defined to mean an unforeseen combination of circumstances. To effectively manage the quality of training and ensure contractual obligations are met, the Site Manager may perform instructor duties. The Company agrees that none of the above circumstances will cause a bargaining unit employee to be laid off, displaced or excluded from overtime. Section 12.5 Bargaining Unit Status Report. A seniority list will be provided to the Union upon request but no more than 2 times annually. The report will include the following information: (a) Employee name (b) Job Title (c) Seniority date (d) Employee’s on active layoff Section 12.6 Masculine ‐ Feminine References. In construing and interpreting the language of this Agreement, reference to the masculine such as “he”, “him”, or “his” shall include reference to the feminine. Section 12.7 Substance Abuse Policy. The Employer has the existing right to require employees to submit to a drug and/or alcohol screening if reasonable suspicion exists that an C-17 Charleston
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employee is using or under the influence of drugs and/or alcohol. If the Employer has reasonable suspicion that an employee is using or under the influence of drugs and/or alcohol the employee may be sent to an immediate care facility for testing during the employees shift or during the off shift. Refusal to submit to the testing procedure will warrant termination. Section 12.8 Employment Status (a) Regular Full‐Time Employees ‐ A "regular fulltime employee" is an employee in the bargaining unit who is regularly scheduled to work forty (40) hours per week. (b) Regular Part‐Time Employees ‐ A "regular part‐time employee" is an employee in the bargaining unit who is regularly scheduled to work fewer than forty (40) hours per week but more than 20 hour per week (c) No Automatic Conversion ‐ There is no automatic conversion from one employment status to another. Section 12.9 Job Performance Communication. Employees will participate in the Company’s Performance Management Process (PMP). The Supervisor is responsible for providing regular, periodic feedback to the Employee as to his or her performance and will meet with employees at least three times per year. Once to establish annual performance objectives and expectations, at mid‐year, and at end of year to discuss and formally document performance for the year. If desired, the Employee may request a Union Representative to attend the meeting. Dialogue with the employee should be constructive, candid, and non‐confrontational. Section 12.10 Temporary Duty (TDY). The Company will use its best efforts not to send maintenance technicians TDY for periods exceeding two weeks. The company further agrees to assign volunteers first for TDY’s. If no maintenance technician volunteers, then seniority will be used as a basis for assigning TDY maintenance technicians and the least senior maintenance technician will be first assigned the TDY. However, on succeeding TDY’s of the same nature, the starting point for assigning the TDY will be the second least senior maintenance technician. If TDY is to exceed two weeks, employee shall be provided a normal two day rest cycle. Overtime policy applies to TDY location. C-17 Charleston
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Section 12.11 New Technology. The Employer and the Union agree that it is to their mutual benefit and sound economic and social goals to utilize the most efficient machines, processes, systems, methods and/or materials. In this way, the Employer will be able to compete effectively in the marketplace, and, thereby, provide economically secure jobs for its employees. It is the Employer's policy when possible to assure that training is available for its employees so they may have the opportunity to acquire knowledge and skills required by new technology. Section 12.12 In order that employees can better prepare themselves for the skill requirements of the future and in its fulfillment of its obligation to provide information to the Union, the Employer will provide notification to the Union of the Employer's plans for the introduction of new technology, which may affect the employees. This notification will inform the Union of anticipated schedules of introduction of new technology, and will identify areas of skill impacts and any training programs associated with those impacts. Section 12.13 The Union, and its representatives, will protect the confidentiality of Employer sensitive and proprietary information disclosed in the notification. Section 12.14 The Employer will provide employees in the affected classification (s) in the bargaining unit the opportunity to volunteer for the training. The Employer will select senior qualified employees utilizing bargaining unit seniority. Section 12.15. Dress Code. During shifts when customers are present employees will wear collared shirts, dress pants (no jeans), and shoes that will present a positive impression to the students and/or visitors. The Union agrees the employees represented thereby as employees of Employer, shall observe Employer Policy applicable to employees not subject to collective bargaining agreement. C-17 Charleston
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ARTICLE 13 JURY AND WITNESS DUTY Section 13.1 Employees summoned to serve on jury duty will be granted time off not to exceed the limits of the prevailing state law or up to 10 days of service, whichever is greater. The Company shall compensate the employee for each regular workday so spent, as specified by the governing statute regarding jury duty. If no compensation provision is specified by statute, the employee will receive the difference between gross fees received and the employee’s regular earnings that would have paid for an eight (8) hour shift for each day of service. Notice of jury duty must be given to the Company upon receipt of a jury summons, and proof of such service must be submitted to the satisfaction of the Company before this Article shall apply. Any employee scheduled to work third shift when he is called for jury duty shall not be requested to work the night before he is required to report for jury duty, and shall receive payment as outlined above. Employees summoned to jury duty that are released by the Court with less than four (4) hours of service, including drive time back to site, shall return to work. ARTICLE 14 SHORT‐TERM MILITARY DUTY
An employee who is a member of a reserve component of the Armed Forces or National Guard, who is required to enter active annual training duty or temporary special services, shall be paid his normal straight time earnings, excluding differentials where applicable, up to a maximum of ten workdays each United States Government fiscal year. The amount due the employee under this Article shall be reduced by the amount received from the government body identified with such training duty or services, for the period of such duty (up to the maximum period mentioned above). Such items as subsistence (does not include allowance for quarters), uniform and travel allowance shall not be included in determining pay received from state or federal government. C-17 Charleston
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ARTICLE 15 WAGES Section 15.1 The wage rates listed below will be effective for the term of this Agreement and apply to all Bargaining Unit employees at the Company’s C‐17 Program at Charleston AFB, SC location. An employee’s regular rate of pay shall be defined as his straight time hourly rate. This straight time hourly rate will be increased annually as designated below. Table 15.1 Job Classification Current
Simulator Maintenance Technician III
Simulator Maintenance Technician II
$24.27
$23.04
Feb 6, 2012
$38.50
$35.00
Feb 4, Feb 3,
2013 2014
$39.66
$40.84
$36.05
$37.13
Section 15.2 Effective Date of Increases. The actual date of all increases as identified in this section will be the effective date of change as annotated in table 15.1. Section 15.3 Shift Differential. When an employee is assigned to the second shift, he shall receive a shift differential of $.50 per hour for all hours in pay status. When an employee is assigned to the third shift he shall receive a shift differential of $.75 per hour for all hours in pay status. Section 15.4 Pay Additives. Pay additives are as follows: (a) Lead pay 5% per hour above Tech III base rate (b) Simulator Certification Technician 5% per hour above either Tech base rate Maintenance Sim Cert Lead Technician and Simulator Maintenance Technician Lead The appointment of an employee to the position of Maintenance Sim Cert Technician and Simulator Maintenance Tech Lead shall be at the sole discretion of the Employer and such rights shall not be subject to the grievance procedure. An employee assigned in writing by the Employer to a position listed above shall be paid a premium of five percent (5%) per hour above his/her base rate. C-17 Charleston
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Section 15.5 – Temporary Upgrades ‐ Employees who are temporarily upgraded shall receive the rate of the new labor grade. Any such upgrades must be documented by the Employer in order to be considered effective. Section 15.6 ‐ Abnormal Base Closures ‐ The Employer will continue to compensate employees as defined in this Article for base closures and weather‐related closures in accordance with Employer Policy. Section 15.7 ‐ Part‐Time Benefits – Part‐time employees working less than 20 hours will be ineligible for benefits. Section 15.8 – Promotions ‐ Employees promoted on a temporary or regular basis shall receive the rate of the new labor grade. Any such promotion must be documented by the Employer on a Status Change Form in order to be considered effective. Section 15.9 ‐ Travel ‐ If the Employer finds it necessary to temporarily reassign an employee to another geographic location, wages and expenses will be paid by the Employer in accordance with Employer Policy. Section 15.10 – One Time Wage Adjustments‐ A onetime lump sum wage adjustment of $5000.00 will be paid on the first payday in February. ARTICLE 16 VACATIONS
Section 16.1 – General ‐ It is the policy of the Employer to grant vacation to employees after each year of service. It is believed that a reasonable period of time away from the job is conducive to good health and well‐being and can have a refreshing effect that is to the advantage of the Employer as well as the employee. Accordingly, it is management's responsibility to give each eligible employee the opportunity to take a vacation each year. If, at the time of separation from employment, an employee has unused earned‐awarded vacation, he/she will be paid the value of unused vacation based on the termination date, less any C-17 Charleston
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balance of used vacation advance. Since vacation is earned on an anniversary year basis there is no payment of partial year vacation upon termination of employment. Section 16.2 Allowances. The vacation eligibility date will be the later of last hire by the Employer or predecessor contractor when service was continuous, or the most recent rehire date following a termination. Paid vacation will be awarded as follows: a. An employee with zero (0) year of service, through four (4) years of service will be awarded 80 hours (10 days) of vacation annually. b. An employee with five (5) years of service, through nine (9) years of service, will be awarded 120 hours (15 days) of vacation annually. c.
An employee with ten (10) years of service, through fourteen (14) years of service, will be awarded 136 hours (17 days) of vacation annually. d. An employee with fifteen (15) or more years of service will be awarded 160 hours (20 days) of vacation annually. e. Employees may carry over a maximum of 40 hours from one benefit year to the next. Section 16.3 ‐ Use of Vacation Credits. Between eligibility dates, an employee shall use his unused vacation credit accumulated in the twelve‐month period preceding his last eligibility date as vacation with pay at the rate in effect at the time his vacation begins, excluding shift differential where applicable, subject to the following conditions: 16.3(a) He shall request vacation dates on forms provided by the Employer and the Employer will endeavor to schedule his vacation as requested. 16.3(b) In instances where Employer management believes the awarding of vacations as requested would interfere seriously with production requirements, the scheduling of vacations shall be as near to the dates requested as possible. 16.3(c) In scheduling vacations, the Employer will attempt to meet its production requirements by use of employees on a voluntary basis, and, failing in this, the seniors will be given their preference of available vacation dates to the extent established vacation schedules will permit. C-17 Charleston
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Section 16.4 – Termination 16.4(a) An employee who is terminated from the active payroll who has reached his first eligibility date shall be provided pay‐in‐lieu of vacation for all unused and awarded vacation credits in his account, regardless of reason for termination. 16.4(b) An employee who is terminated from the active payroll as a result of a Voluntary Quit, who has not reached his first eligibility date, shall not be compensated for any vacation accrued upon termination. 16.4(c) ‐ Pro Rata Pay ‐ Employees with one or more years of seniority whose active service is interrupted prior to the next eligibility date of the vacation earning year because of layoff, retirement, death or induction into military service shall receive pro rata vacation pay for each month of seniority completed during the vacation earning year in which seniority is interrupted. For any other reason, pro rata vacation will not be paid. Section 16.5 ‐ Definitions ‐ The vacation eligibility date is the date that determines how much vacation an employee is entitled to receive. The vacation award date is the date when the benefit is awarded to the employee, and therefore available for use. ARTICLE 17 Personal Time Off Section 17.1 ‐ Accumulation of Personal Time off 17.1(a) Employees, on the active payroll shall be awarded 40 hours of Personal Time effective on their anniversary date. Personal Time does not carry over into the next anniversary year. Section 17.2 ‐ Eligibility Conditions 17.2(a) The Personal Time eligibility date for all full time employees is their date of hire. C-17 Charleston
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Section 17.3 ‐ Use of Personal Time 17.3(a) An employee shall be eligible to use Personal Time credits as soon as credits have been awarded. Payment for Personal Time shall be at the employee's straight time base rate, excluding shift differential where applicable. 17.3(b) All Personal Time must be approved by the employee's supervisor or Company Program Manager. 17.3(c) When personal Time cannot be charged because the employee has exhausted all personal time credits and he is not yet eligible for an award of his next personal time credits, the employee may use available vacation credits or be granted leave without pay, subject to management approval. Section 17.4 It is expressly agreed between the parties that the terms of this Agreement, and any accrual benefits, are binding on any successor contractor or successor employer whether said successor takes over all or part of the operation. Specifically, but without limitation, accrued, but untaken personal time shall continue as an obligation of any successor contractor or successor employer, and the employees covered by the collective bargaining agreement shall continue to have their individual credit with said successor the full amount of personal time accrued, and shall continue to accrue benefits of this article. Section 17.5 Personal time is not paid to employees whom are terminated from the Company payroll for whatever reason. Section 17.6 Bereavement Leave. A maximum of up to 3 days paid time will be granted as approved absence for each occurrence of the death of an immediate family member. Immediate family members are (include biological, adopted, or current step): father, mother, spouse, daughter, son, brother, sister, grandparent, grandchild, father/mother in‐law, daughter/son in‐law, brother/sister in‐law, spouse’s grandparent, same‐gender domestic partner, or parent of same‐gender domestic partner.An additional 2 days of approved absence
shall be granted for any bereavement outside a 500 mile round trip.
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ARTICLE 18 HOLIDAYS Section 18.1 Each year the following ten (10) days are to be paid holidays: New Year's Day
Martin Luther King Day
Independence Day Presidents Day
Labor Day
Memorial Day
Thanksgiving Day Columbus Day Christmas Day
Veterans Day When any of the above named holidays falls on a Saturday, it will be observed on the proceeding Friday. When it falls on a Sunday, the holiday will be observed on the following Monday. Full‐time employees receive eight hours of holiday pay at their regular hourly base wage rate, plus pay at their regular hourly base wage rate for any hours worked on the holiday. In order to be paid for an observed holiday, the employee must have worked his or her regularly scheduled workday the day before and the day after the holiday, and the day of the holiday if scheduled to work, unless such absence qualifies for one of the following other types of paid time‐off: vacation, salary continuation (sick leave) bereavement leave, jury duty/witness service, or emergency/base closing. ARTICLE 19 GROUP BENEFITS Section 19.1 On February 4, 2012, the Company will provide each employee who is normally scheduled for 20 hours or more, the amount of $6.00 per hour paid, to a maximum of forty (40) hours per week, to be used for the purchase of Health and Welfare benefits. This amount will increase on the first pay day in February 2013 to $7.00 and increase on the first pay day in February 2014 to $8.00. All benefits will be offered in accordance with the Company's negotiated plans for the Charleston AFB location. Any unused monies will remain with the employee. C-17 Charleston
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Section 19.2 Employees may also purchase the following Optional Group Insurance benefits offered by the Company. The current package of Optional Group Insurance benefits in which the full premium cost is borne by the employee, shall be provided for the term of this Agreement including: 1. Medical Plan (Textron Benefits Plan) 2. Dental Plan (Textron Benefits Plan) 3. Vision Plan (Textron Fully Insured Benefits Plan) 4. Health Savings Account or Health Risk Assessment Depending on plan chosen 5. Limited Purpose Flexible Spending Account 6. Voluntary Life Insurance up to 9 times salary 7. Voluntary AD&D up to $500,000 8. Voluntary Long Term Disability which will be offset by any state disability payments The Company shall provide Travel and Accident Insurance to employees traveling on authorized company business at no cost to the employee. The company will provide the Textron Short Term Disability per the company plan. The benefit levels available are described in the respective plan documents. Section 19.3 – Administration. The Group Benefits Package shall be administered by the insurance companies, health care contractors or administrative agents with whom the Employer enters into contractual relationships for the purpose of providing and/or administering the coverage contemplated by the Group Benefits Package and no question or issue arising under the administration of such Group Benefits Package or the contracts and/or administrative agreements identified therewith shall be subject to the grievance procedure or arbitration provisions of Article 5 of this Agreement. C-17 Charleston
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SAVINGS PLAN Section 19.4 Employees will be eligible to participate in the Textron Savings Plan. Employees are eligible to receive a company match equivalent to 50% of each 1% contributed by the employee up to 10% of employee contribution e.g., employee contributes 8% of eligible compensation the company matches with 4%. The plan design and the matching contributions are based on plan provisions outlined in the appropriate plan document. Employees hired on or after 6/1/2011 by the Company will become vested in the employer's matching contributions based on the following schedule: 25% after one (1) year of service; 50% after two (2) years of service; and 100% after three (3) years of service. Prior Company service will count toward the vesting schedule for the Company match. New hires will have the same vesting schedule. C-17 Charleston
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ARTICLE 20 DURATION This Agreement shall become effective as of December 2 , 2011, and shall remain in full force and effect until 11:59 p.m. on 12/2/2014, and shall automatically be renewed for consecutive periods of one year thereafter (after 12/2/2014), unless either party shall notify the other in writing, at least sixty days prior to 12/2/2014 of any calendar year, beginning with 2014, of its desire to terminate the Agreement, in which event this Agreement shall terminate at 11:59 p.m. 11/30/2014 unless renewed or extended by mutual written agreement. In the case of such notice, the parties agree to meet immediately thereafter for the purpose of negotiating a new agreement or a written renewal of this Agreement. SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, each party has caused this Agreement to be executed on the day written by its proper officers or duly designated representatives. International Association of Machinists AAI Corporation
and Aerospace Workers, AFL‐CIO An Operating Unit of Textron Systems Ray Moffatt Jeffrey Smith
IAMAW Aerospace Coordinator Director, Human Resources
Stephen A. Hernandez AAI Corporation
Directing Business Representative Program Manager
IAMAW District Lodge 112 AAI Corporation
Robert Brunson
Tony D. Wilson Business Representative IAMAW District Lodge 112 Kevin Mrozinski Committeeman, IAMAW Local Lodge 2017 C-17 Charleston
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