COLLECTIVE BARGAINING AGREEMENT
BETWEEN
Northrop Grumman Technical Services, Inc.
Chugach Development Corporation
Westech International, Inc.
AND
International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers –
Communications Workers of America,
AFL-CIO, CLC and
IUE-CWA Local 1177/89177
TABLE OF CONTENTS
Title
Preamble
Article 1 – Recognition of Rights
Article 2 – Union Security
Separability
Article 3 – Beneficial Company Practices
Article 4 – Discrimination
Employment of the Handicapped
Article 5A – Normal Working Hours, Work
Week
Article 5B – Overtime
Article 5C – Other Special Payments
Article 6 – Seniority
Article 7A – Promotions
Article 7B – Assignments
Article 7C – Transfers
Article 8 – Layoff and Recall
Article 9 – Grievance and Arbitration
Article 10 – Union – Company
Weingarten Right
Article 11 – Postings and Bulletin Boards
Article 12 – Discipline
Article 13 – No Strikes/No Lockouts
Article 14A – Benefits
Article 14B – Holidays
Article 14C – Vacation
Article 14 D – Education
Article 15 – Safety and Health
Article 16 – Excluded Work
Article 17 – Training, Licensing and Certification
Technological or Change in Scope
Article 18 – Letters of Understanding
Article 19 – Classification Upgrades
Article 20 – Military Duty
Article 21 – Jury Duty
Article 22 – Government Security Responsibility
Article 23 – Efficiency of Operations
Article 24 – Management Rights
Article 25 – Contract Continuation
Article 26 – Duration
Article 27 – Position Description Committee
(PDC)
Appendix A – Payroll Deduction Dues & COPE Card
(NOT IN DRAFT)
Appendix B – Benefits
Northrop Grumman
Chugach Development Corp.
Westech International, Inc.
Appendix C – General Wage Increases
Position Descriptions
Annex 01 –
Index -
PREAMBLE
A. This Collective Bargaining Agreement (“Agreement”) is entered into as of the October 1, 2005, by and between Northrop Grumman Technical Services, Inc. and its subcontractors Chugach Development Corporation and Westech International, Inc. (hereinafter collectively referred to as the “Company”) and the International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers – Communications Workers of America, AFL-CIO, CLC and its Local 1177/89177 (hereinafter referred to collectively as the “Union”).
B. The Union acknowledges that its agreement is with each of the three named companies, separately, and no company is a joint employer with one or both of the others. Except as specifically required by the Service Contract Act 29 CFR 4.114, no company is liable for the obligations of another company. Each reference herein to “Company” shall constitute a reference only to the one company that is the employer of the employee(s) to which the Agreement provision is being applied.
ARTICLE 1
RECOGNITION OF RIGHTS
A. The company recognizes the Union as the sole and exclusive representative for the purpose of collective bargaining with regard to wages, hours, benefits and terms and conditions of employment for full time and regular part-time production and maintenance employees, engineers and plant clerical employees employed by the Company at the Naval Air Station in Fallon, Nevada and the Naval Air Station at Lemoore, California on Contract N00178-04-D-4091, Delivery order FC01 with the U.S. Navy and successor contracts as defined under the Services Contract Act (29 CFR), as certified by the National Labor Relations Board in case Nos. 32-RC-4103 and 32-RC-4113. Excluded are all office clerical employees, professional and administrative employees, confidential employees, guards, confidential secretaries, managers, and supervisors as defined by the National Labor Relations Act of 1947 as amended (collectively referred to herein as non-bargaining unit employees).
B.
The Agreement, when
accepted by the parties hereto, shall constitute the full agreement between
them, except for the written agreements between the parties with respect to
economic issues and to be covered by Letters of Understanding, here attached to
the Agreement.
ARTICLE 2
UNION SECURITY
A. Where State Law permits, all bargaining unit employees who are or become members of the Union shall remain, as a condition of employment, members in good standing. All present Bargaining Unit employees who are not members of the Union and all bargaining unit employees who are hired hereafter shall, not later than thirty (30) days following the beginning of their employment or not later than thirty (30) days after the effective date of this Agreement, whichever is the later, become and remain members of the Union.
B. In the event of repeal or amendment of the provisions of the Nevada Law relating to Union Security, or in the event of new legislation or judicial decision rendering permissible a Union Shop provision, the Company will implement a clause or clauses that may grant the Union the type of Union Shop now permitted by the Labor Management Relations Act of 1947, as amended, if legally permissible.
C. The Company will deduct from his wages and turn over to the Union, the Union Membership Dues of each employee who individually and voluntarily authorized the Company in writing to make such deductions. The terms “Union Membership Dues,” as used herein shall include Union initiation fees, assessment or reinstatement fees of employees rehired by the Company, with or without seniority, when such employees are reinstated or rejoin the Union.
D. Such deductions shall be made in accordance with the following provisions:
1. Such deductions shall be made only in accordance with instructions upon authorization cards (Employee Authorization For Payroll Deduction Of Union Dues and Initiation Fee For CWA). In order to be effective, such authorization cards shall be delivered to the Secretary/Treasurer for processing, after which the Company’s portion will be forwarded.
2. Deduction from that portion of the Union Membership Dues consisting of Union initiation fees assessment or reinstatement fees, as provided above, shall be made from the employee’s paycheck bi-weekly for twelve (12) months of the calendar year in the amount as specified on the MLO-111 form submitted when the Dues structure changes.
3. To be effective, dues deduction authorizations will be processed for payroll deduction during first full pay period of the month closest to receipt of the dues deduction card.
4. This authorization is voluntarily made and is neither conditioned on the employee’s present or future membership in the Union, nor is it to be considered as a quid pro quo for membership. The Authorization shall continue in effect until canceled by written notice signed by the individual and sent to the Company and the Union via registered or certified mail, or in the event the employee shall cease to be an employee as defined in Article 1 section A of this Agreement.
5. This cancellation of authorization must be postmarked during the Fourteen (14) day period prior to each anniversary date of the current or any subsequent CBA, or during the fourteen (14) day period prior to the termination of the current or any subsequent CBA.
6. Deduction for Union Membership dues (with a maximum pickup of one biweekly period) shall be resumed by the Payroll Accounting Department in the following situations unless written revocation notice from the Union has been received by the Company in accordance with subparagraph (4) of this Section:
(a) Upon recall from layoff,
(b) Upon return from prolonged leave of absence.
E. The Company will deduct from the employee’s wages, during the term of this Agreement, said employee’s initiation fee and Union dues and remit them to the duly authorized representative of the Union, together with a list of the names of the employees from whose pay deductions were made within thirty (30) days of the date the deductions were made.
F. Political Contributions Payroll Deductions- the Company will deduct from the employee’s wages, during the term of this Agreement, said employee’s Political Contributions Committee as directed on the card (Political Contributions Committee Payroll Deduction Card), and remit them to the duly authorized representative of the Union, together with a list of the names of the employees from whose pay deductions were made within thirty (30) days of the date the deductions were made.
G. The Company’s obligation to make such deductions will cease automatically upon the termination of the employee who signed the authorization, upon written request of the employee, or upon the employee’s transfer to a unit not covered by this Agreement.
H. Where funds have been deducted from the pay of any employee who does not owe such funds, it shall be the responsibility of such employee to obtain a refund from the local Union. The Union agrees that it shall hold the Company harmless against any and all complaints, claims, judgments, or demands that may arise out of, or in any way be related to, compliance by the Company upon any document furnished to the Company by the Union pursuant to the provisions of this section.
Separability
A. Should any part of any provision herein contained be rendered or declared invalid by reason of any existing or subsequently mandated legislation, or by a decree of a court of competent jurisdiction, such invalidation of said part or portion of this Agreement shall not invalidate the remaining portions hereinand they shall remain in full force and effect.
ARTICLE 3
BENEFICIAL COMPANY PRACTICES
A. This Agreement will not in any way impair any conditions of employment more beneficial to the employee than those provided herein. Any conditions of employment not covered by this Agreement, which are beneficial to FTTR bargaining unit employees and which are now in effect as regular Company policy/practice, will be continued during the period of this Agreement.
ARTICLE 4
DISCRIMINATION
A. The Company, the Union, and all members of the bargaining unit agree that there will be no discrimination in employment because of race, religion, color, sex, age, national origin, creed, individual with disabilities, Vietnam Era Veterans, qualified disabled Veterans, and/or any other status protected by applicable federal, state or local laws/regulations
B. The Company and the Union agree that there shall be no discrimination based upon the age of an employee, recognizing however, limitations imposed by statue on the employment of minors.
C. It is agreed that the Company, Union and their Agents shall not discriminate against, interfere with, restrain or coerce in any manner whatsoever any member of the bargaining unit because of legitimate Union activity or Union membership. For purpose of this Agreement, references to employees in the masculine gender shall be deemed also to apply equally, and without distinction or discrimination, to the female gender.
Employment of the Handicapped
A. The Company and the Union agree that, consistent with the Rehabilitation Act of 1973 and regulations thereunder and applicable state laws pertaining to handicapped employees, there will be reasonable accommodation to employees and applicants with physical or mental limitations, and the parties agree to cooperate to that end. The Company and the Union also agree to work together in order to comply with the Americans with Disabilities Act.
ARTICLE 5A
NORMAL WORKING HOURS, WORK WEEK
A. The normal work week will be 40 hours per week, 5 days per week, 8 hours per day, Monday through Friday.
B. The work week for pay and overtime will be in accordance to the applicable company as follows:
· Northrop Grumman: Begins Friday 12:01a.m. through Thursday at midnight.
· Chugach: Begins Monday 12:01 a.m. through Sunday at midnight.
· Westech: Begins Saturday 12:01 a.m. through Friday at midnight.
C. The normal work hours are as per Annex 1, Mission Types and Operation Support.
D. If normal work hours are staggered due to mission requirements the following will apply:
· 1:00 hour to 3:00 hours from normal - $.50 per hour
· 3:01 hours to 5:00 hours from normal - $.75 per hour
· 5:01 hours or more hours from normal -$1.00 per hour
If normal work hours are staggered with less than 48 hours notice due to mission requirements, the above applies. These rates will not be paid concurrently if Shift Differential applies.
E. The Union may submit written requests for alternate work week, options, i.e., (1) four-day/10 hour work week; (2) flexible work schedules, etc., to the Site Manager for consideration and in accordance with customer requirements and federal/state laws. Following these reviews the Site Manager will notify the Union if the request is approved or denied. If any alternate week schedules are approved, the Company will have the right to return affected employees to their regular work schedule at any time, with one week advance notice.
F. Once an alternate work week has been returned to a regular work schedule then any alternate work schedule will be resubmitted in accordance with paragraph E of this article.
G. Shift Differential. Employees will receive a shift differential when their normal work week involves one of the following shifts: $2.35 differential, in addition to their hourly rate for Shift 1 work (reporting 7:00PM to 4:59AM), and a $1.50 differential for Shift 3 work (reporting 10:30AM to 6:59PM).
H. Current practices regarding lunch and break periods will be continued for the life of the Agreement. Each supervisor will designate a thirty (30) minute non-paid meal break for employees. If employees are asked to work through lunch, they must have supervisory approval and be assigned another thirty (30) minute non-paid meal period. If this is not possible, then the supervisor may approve a thirty (30) minute paid meal period; however, employees who are not completely relieved from duty for a meal break of at least thirty (30) minutes, will be paid for such time.
ARTICLE 5B
OVERTIME
A. It is understood and agreed that the Company may schedule overtime work. The company will provide as much advance notice as possible, normally at least 48 hours notice for weekday overtime scheduling, and normally at least 4 days notice for weekend and / or holiday for overtime scheduling. This in no way can be construed as a guarantee of any notification requirements since the Company must support new/revised Customer requirements. An attempt will be made to staff overtime assignments with qualified volunteers. In the event that overtime requirements cannot be met with volunteers, the least senior qualified employee may be required to work overtime. In the event of extraordinary circumstances, an employee may decline overtime work, provided that another qualified employee is available to work the assignment. Furthermore, advance requests by employees to be excused from overtime will be considered by the Company on a good faith basis.
B. Overtime will be paid at time and one-half for all hours actually worked in excess of forty (40) hours in the work week, including Saturdays and Sundays. Holidays will count as hours worked in computing the forty (40) hours.
C. Overtime will be divided as equally as proficient operations permit among the employees who are performing similar work; based on qualifications to perform work required i.e. maintenance or operations). Questions pertaining to overtime equalization can be directed to the appropriate supervisor / manager. A record of overtime worked by employees (or credited to them) will be maintained by the Company and will be available for examination for the appropriate Union Steward upon request.
D. When the overtime is needed to complete a project the employee(s) who began the project will be assigned overtime.
ARTICLE 5C
OTHER SPECIAL PAYMENTS
A. Call-In pay. Employees called into work on weekends when not scheduled; or called back to work during the weekday, following their regular scheduled shift will be afforded four (4) hours of call in pay if scheduled to work anything less than four hours; hours worked over four (4) will be paid accordingly.
B. Employees who are injured on the job and require medical treatment will be paid up to 8 hours for time lost on the day injury occurred and up to 8 hours for follow-up treatment (in increments of one hour as needed).
C. The Company shall assign the most qualified employee as a Lead for any work center. In the event two or more are equally qualified, the lead will be awarded to the most senior in that classification. The Lead employee’s hourly pay rate, while assigned the Lead, will be increased by $2.00 above the employee’s current hourly rate. It is also understood that if the Lead is reassigned to another work center, position or where the employee is not acting as Lead, the rate of pay would be adjusted to reflect the employee’s current classification. No employee currently classified as a Lead will take a reduction in their current hourly rate as a result of this Agreement.
D. ON- Call Premium (Beeper/Cell phone) – Employees assigned to on call duty will be paid $8.00 for every eight (8) hour period.
E. Multiple System Differential – the lead will be paid $2.50 per hour differential in addition to lead pay when working at any site which exceeds two (2) active manned radar systems.
ARTICLE 6
SENIORITY
A. New employees and those hired after a break in continuous service, regardless of classification, will be considered as probationary employees until they have completed ninety (90) calendar days from date of hire. The Company may lay-off or discharge such probationary employees and such action shall not be processed through the grievance procedures herein.
B. Bargaining Unit seniority will accrue from the date of continuous employment on contract N00178-04-D-4091, Delivery Order FC01 and its predecessor contracts. Company employees who may be transferred into the bargaining unit subsequent to the ratification of this Agreement will continue their seniority based upon the aforementioned provision. Notwithstanding this article, seniority of all current Bargaining Unit employees will be protected.
C. In the event two or more employees have the same seniority date as herein provided, the employee having the lowest last four numbers of his social security number will be considered having the least seniority for tie breaking purposes.
D. Bargaining unit employees who are transferred or promoted to positions within the Company, during the term of this Agreement but not within a job classification covered hereby, will retain seniority hereunder, but will not be construed as working under the terms of this Agreement while occupying such positions. It is understood and agreed that employees so transferred or promoted during the term of this Agreement will retain their seniority for a period of 180 calendar days from the date of promotion or transfer. After 180 calendar days said employees will lose all seniority and will have no rights to return to the bargaining unit, unless by mutual agreement in writing between the parties.
E. Seniority of an employee will be broken under the following conditions and their employment with the Company will be terminated:
a. Resignation, voluntary termination, or retirement of employment.
b. Unexcused absence in excess of three (3) consecutive working days without notice, either by telephone or written message to the employee’s immediate supervisor, unless satisfactory evidence of inability to do so is shown.
c. Discharge for just cause.
d. Unauthorized absence after the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report for work is shown.
e. Accepting other employment while on approved leave of absence without prior permission of the Company.
F. The Company will post a seniority list on all Company and Union bulletin boards on the first work day in October and thereafter, quarterly of each year. The seniority list will be posted for thirty (30) calendar days and contain the name, hire date, and seniority date of each employee. Additionally, the Company will submit a copy of the posted seniority list including wage rate and job classification to the Union at the time of the posting. Any employee may contest the accuracy of their seniority status; and if an error is established, the Company will make necessary corrections.
ARTICLE 7A
PROMOTIONS
A. All non-entry level vacancies will be posted for a period of ten (10) full working days.
1. All vacancy postings will be submitted to the Union for review prior to posting. All vacancy postings will include the following; date of posting, date of closing, the vacancy title, job duties, rate of pay, educational requirements, position minimum experience requirements, company desired requirements, the number of openings (with requisition number), testing if required (including list of references) and security clearance requirements. If the vacancy requirements or the number of positions changes (an increase or decrease) during the posting period, the company will notify the Union. The selection process including promotion will be completed within thirty (30) working days of the close of the job posting.
2. Entry-level positions will be posted simultaneously internal to the union and external.
B. Bids must be in writing to the Program Office, who will affix thereto the date and time to validate timely filing. Bids received after the closing date will not be considered. The Company will send a copy of the Reply/Receipt to the Applicant and to the Union. The Company and Union will make every reasonable attempt to contact any bargaining unit employee that is absent from the contract at the start of the posting period as to the vacancy posting. Employees will inform the Company and their Union Representative, in writing, of their wish to be considered for a given classification posting with required point of contact including a telephone number.
C. Employees will not be awarded a position when such an award would create a conflict of interest, that is, when the position would report to, either directly or indirectly, a family member as defined by Company Policy.
D. Bids will be awarded on the basis of the employee’s experience skill and ability to perform the duties of the position. When it is determined that the experience, skill and ability of two or more qualified bidders are relatively equal, bargaining unit seniority will govern the selection. The intent of this paragraph is to permit employees with the associated skills, experience, training, and ability to fill the vacancy or new position.
E. The Company will make every reasonable attempt to evaluate the candidates that bid on postings as quickly as possible. When there are extenuating circumstances such as; vacations, LOA, etc., the Company will notify the Union. It is also agreed that the Company and Union both have the authority to discuss mutual resolutions in an attempt to expedite job postings and selections. Any unresolved complaints arising from this Article can be directed to the Program Manager for his review.
F. An employee awarded a job vacancy will be reclassified to the promoted position classification and rate of pay as of the effective date of the promotion. When an employee is awarded a position, the employee has ninety (90) calendar days to satisfactorily perform the duties required. If the employee fails to satisfactorily perform the duties, the employee will be returned to the position last held (which may be held on a temporary basis) prior to the award of such posted job provided the classification has not been abolished. Employees so returned will not be eligible to bid again for the job from which they returned for a period of six (6) months.
G. Employees awarded a posted position will be eligible to post for another vacancy within six months of being awarded a posted position. However, the individual will not be considered for the position unless no qualified Bargaining Unit employees have been identified.
H. Any new or transferring employee into the bargaining unit will be considered probationary for a period of ninety (90) calendar days. These employees may apply for a posting but will not be considered as applicants until all other bargaining unit applicants have been evaluated and deemed unqualified.
I. There will be no establishing of new classifications or posting of new positions within the bargaining unit until, and unless, the duties and salary of the prospective classification has been negotiated between the Company and the Union.
ARTICLE 7B
ASSIGNMENTS
A. In order to provide maximum stability, to ensure the even flow of operations, the safety and security of all employees, and minimize the possibility of layoffs, the Company may temporarily assign or upgrade employees as the work load dictates. A temporary assignment is defined as work performed outside of an employees wage rate and or classification. Management will inform The Union and the employee in writing of such decisions as soon as possible. The notification will include all particulars (i.e., duties, work hours, wages, etc.) of the assignment, including names of personnel involved, and duration of assignment. Temporary assignments will not exceed thirty (30) calendar days. Temporary assignments may be extended by mutual agreement in writing between the Union and the Company and the individuals involved. Employees temporarily assigned to a higher rated job will receive the higher rate, and employees working a lower rated job will receive their regular rate.
B. Employees filling in for others, assigned at that workcenter, who are absent for vacation, sick leave, operations or maintenance requirements, etc. will not be eligible for higher rate of pay unless assigned to that position by Management.
C. Temporary hires (from outside sources) and/or part-time employees may be utilized by the Company to replace regular employees absent due to vacation, special leave, unpaid leave of absence, absence for personal illness or injury, Worker’s Compensation injury, or to staff special projects and or to augment current staffing. Temporary employees will be limited to assignments of not more than forty-five (45) calendar days, unless extended, in writing, by mutual agreement between the Union and the Company.
D. The Company may also, at its discretion, assign employees from other Company locations to augment staffing requirements to include overtime when necessary, only when there are no qualified Bargaining Unit employees available. Temporary hires or part-time employees will be eligible for pro-rated sick, vacation, and holiday benefits, will be limited to assignments of not more than forty-five (45) calendar days, unless extended, in writing, by mutual agreement between the Union and the Company.
E. The usage of temporary “Summer Labor” will be allowed to perform such duties as, weed control, grounds maintenance, trash pickup, etc. These temporary personnel will not perform any duties of classifications contained within this Agreement. The Company will notify the Union of whom, when and where when they hire personnel to perform “temporary laborer” responsibilities.
F. The Company and the Union have agreed that the use of “temporary labor” would be in the best interest of all concerned and provides a service to the community in providing work.
ARTICLE 7C
TRANSFERS
A. The Union recognizes that the Company is responsible for a number of contracts similar to Fallon Tactical Training Ranges around the world. At times it may be to the Company’s advantage to temporarily utilize the expertise and experience of personnel here to temporarily support other interests. All temporary assignments to other contracts will be on a voluntary basis. The Company will make a full disclosure as soon as possible. This will include, but is not limited to:
a. A full and comprehensive listing of duties
b. Wages to be paid (This will be the higher of the employee’s prevailing salary or the rate normally paid for that position at that contract).
c. Precise duration of the assignment.
d. Arrangements for lodging, transportation, per-diem, etc will be made.
ARTICLE 8
LAYOFF AND RECALL
A. For the purpose of an indefinite layoff i.e., reducing the number of positions in a job classification and or decreasing the work force, employees will be laid off as follows.
a. Employees in the affected job classification having the least seniority in those classifications will be laid off first. Employee(s) affected will be determined by date of entry seniority in their classification.
b. Employees laid off will be recalled on a seniority basis in their classification when openings occur. If an employee is recalled, and they are not laid off longer than they worked on the Fallon contract, then they will be reinstated, rather than rehired. Recall rights will be in effect until September 30, 2011.
c. The Company will allow all employees to bump a junior employee in a reduction if they previously held that job or are qualified to perform it. All employees classified as Electronic Technician I, II, III will be in a separate job group for bumping purposes.
d. The Company will give date of entry seniority for bumping purposes by classification in a layoff to employees who are transferred to or hired at the Fallon contract following the ratification date of this agreement.
e. For the purpose of an indefinite layoff i.e., reducing the number of positions in a job classification and or decreasing the work force, the Company shall give advance notice to the Union and at least thirty (30) calendar days notice to the affected employee(s).
B. Employees will be notified of recall in writing by Registered Mail to their last known address on the Company’s records, with a copy to the Union.
C. In the event employees are laid off, the Company will make every effort to place the affected employees at other jobs within the Combined Tactical Training Ranges Contract, given available openings and qualifications of the displaced employees.
ARTICLE 9
GRIEVANCE AND ARBITRATION
A. A grievance is defined as a dispute between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. A grievance will be presented as soon as practicable after the first occurrence upon which the grievance is based, but in no event later than fifteen (15) full working days from the date the grievance becomes known or should have been known, All grievances will be in writing and processed in accordance with the following steps, if they cannot be resolved during the oral stage.
B. A class grievance and the grievance of a discharge will directly proceed to Step Three of the Grievance Procedure. A class grievance is a grievance that would significantly impact FTTR bargaining unit employee(s).
1. Oral Step
a. Any employee or employees, either directly or through the Shop Steward, shall have the right to verbally present a complaint to his immediate supervisor.
b. All attempts must be made by the parties to resolve the complaint during the oral stage, if at all possible. If the complaint is not settled within fifteen (15) full working days and the complaint involves a matter subject to the Grievance Procedure the complaint will be reduced to writing and considered a grievance. (The Shop Steward will be given an opportunity to be present at such meeting, if requested by the employee).
2. Step 1
a. A meeting will be held between the immediate Supervisor/ Department Manager of the activity or the Company’s designated representative and the Union representative. The employee, the immediate supervisor, and the Shop Steward will have the right to be present at the Step 1 meeting.
b. The Company will make a written reply not later than ten (10) full working days after receipt of the grievance.
c. If this reply is unsatisfactory to the Union, the grievance may be appealed to Step 2, provided such appeal is received by the Company within ten (10) full working days following receipt by the Union of the Company’s response.
3. Step 2
a. A meeting will be held between the Contract Site Manager of the Company, or the Company’s designated representative, and the Union’s representative.
b. The Company will make a written reply no later than ten (10) full working days following receipt of the Union’s appeal to Step 2.
c. Upon receipt of the Company’s Step 2 response the Union has ten (10) full working days to appeal to Step 3.
4. Step 3
a. A meeting will be held between the Company’s Human Resource Representative or the Company’s designated representative and the Union’s representative and International Representative. The Step 3 meeting will take place within thirty (30) full workdays following the appeal to Step 3.
b. Following the meeting, the Company will make a written reply to the Union not later than ten (10) full working days after the Step 3 meeting.
c. If the reply is unsatisfactory, the grievance may be appealed to arbitration provided the Company receives such appeal within thirty (30) full working days following the Union’s receipt of the Company’s Step 3 response.
C. All the above time limits may be extended by mutual agreement by the parties when set forth in writing.
D. Following notification of intent to arbitrate, the Union will submit a written request to the FMCS to provide a list of names of no less than seven (7) experienced arbitrators. Within ten (10) full workdays of receipt of said list, the Company, and Union will, using the striking method, select an arbitrator from the list of names. The order of striking will be determined by lot.
E. The parties agree that the decision or award of the arbitrator will be final and binding upon them and the affected employees and that each will abide thereby. The authority of the arbitrator will be limited to determining questions directly involving the interpretation or application of this Agreement, and the arbitrator will have no authority to determine any other matter. The arbitrator will have no authority to add to, subtract from, or to change any of the terms of this Agreement, nor to change an existing wage rate. The arbitrator’s interpretation of a provision of this Agreement will be considered as binding precedent on that contractual issue; and in no event will the same factual question or issue of contractual interpretation be the subject of arbitration more than once.
F. Each party will bear the expense of preparing its own case. The cost of the arbitrator’s services and any other expenses incidental to arbitration, mutually agreed to in advance, will be borne equally by the parties.
G.
It is agreed and understood that the parties will share all
evidence to be presented in arbitration with one another no less then ten (10)
full workdays prior to the arbitration hearing.
ARTICLE 10
UNION - COMPANY
A. The Company agrees to recognize the Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. There will be a maximum of eight (8) Stewards unless modified by mutual agreement in writing between the Company and the Union. For each Steward, the Union may designate one (1) Alternate, who may function as the Steward in the case of the Steward’s absence.
B. For the purpose outlined above, the Union agrees to supply the Company in writing, and will maintain with the Company on a current basis, a complete list of Stewards. The Union will post a current list of Union Stewards on each Union Bulletin Board. The Union may appoint a replacement Shop Steward for a Steward who is on detachment, leave of absence, vacation, or otherwise incapacitated or unavailable. The regular certified Steward will assume their Shop Steward position upon return to work at Fallon, and the replacement Steward will no longer be recognized as a Steward.
C. Subject to other provisions of this Article, reasonable and necessary time off during work hours will be granted, without loss of pay, to permit Stewards or Alternate Stewards to fulfill their responsibilities to the Employees, and will not unreasonably interfere with assigned duties. Weingarten rights provide that any employee may request Union representation during an investigatory interview by management. This right was established by the Supreme Court in 1975 (NLRB v. J. Weingarten, Inc.) and provides that a worker who is being interrogated by management may request that a Union Steward or other employee be present during the interrogation. This right belongs to the worker, not the Union, and can be invoked only by the worker. Furthermore, the Union will ensure that Stewards will not conduct activities, which are not authorized by this Agreement or appropriate regulations.
D. Recognizing the mutual benefit of resolving problems at the lowest level, any employee who has a complaint or grievance may discuss the matter with their Steward. When possible, discussions between Bargaining Unit members and Stewards should be conducted on the telephone. When discussions must occur away from the assigned cost center the necessary time away from the Steward’s official work assignment will be scheduled as far in advance as practical to minimize interruption of workflow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a unit employee and or management official, the Steward will request permission to leave from their immediate supervisor. Prior to entering the work area of another Supervisor’s responsibility, the Steward will contact the Supervisor for permission before attempting to contact any employee. In each instance, the request for permission will be made over the telephone, when possible. 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.
E. During Work hours, Union Stewards, Executive Board Members, etc., should utilize the services of the Range Courier to deliver or receive hard copy material regarding Union business.
F. The scope of the Steward’s activities will be limited to the following:
a. 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.
b. To investigate a complaint or grievance before presentation to the appropriate supervisor.
c. 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.
d. To meet with an appropriate Supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.
e. To post notices, survey employees, and process information requests.
G. Shop Stewards will be employees of the Company, selected from among the employees whom they represent.
H. The Shop Steward will respond to and adjust employee initiated verbal or written complaints, or grievances occurring under their jurisdiction as provided for in the grievance procedure.
I. Subject to existing security regulations, the authorized International Representatives of the Union will 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 International Representative will report to the Program Manager or his designee, who will permit said Representative to enter the Company’s premises, provided that such right will be exercised reasonably and will not interfere with the normal conduct of the Company’s operations.
J. The Company will supply each new employee with a copy of the current CBA and the necessary dues check off and COPE application forms, and will assist new employees in completing the forms in duplicate with one original to be provided to the Union and one retained by the Company. The Union will be notified as to the time and place of new hire orientation or inprocessing, and be afforded the opportunity to meet the new employee.
K. An employee who is a Steward and who has accumulated six (6) months or more of seniority will, upon written request of the Union, be deferred from layoff so long as work for which they are qualified for is available among the group of employees they represent.
L. Union Leave - Leaves of absence without pay for Unioon business will be granted to representatives of the Union who are employees of the Company who have been selected by the Union and its representatives to attend such functions as conferences, conventions, and union educational courses, not to exceed five (5) working days provided five (5) working days advance notice is given in writing to the Company and the request does not unreasonably interfere with Company operations. However, no more than five employees may be on such leave at any one time, and no more than one employee may come from the same work center.
M. Any member of the Union will, on written request by the Union, be granted a leave of absence for Union activities for up to a one (1) year period. Such leaves will be renewable for up to one (1) year, provided the Union requests such extension in writing. Not more than one (1) employee will be on such leave at any one time except by mutual agreement of the Company and the Union. When the activities for which such leaves of absence cease, the Union will immediately notify the Company in writing and if the request is made within fifteen (15) working days thereafter, such Union member will be given re-employment in the same or similar position, or a comparable position, in accordance with their qualifications and seniority privileges, and applicable wage rate at the time of return to active payroll. It is understood and agreed that the returning Union member must report for work within thirty (30) calendar days of such leaves, unless extended by mutual agreement of the parties. Any temporary replacement for a member of the Union on leave of absence will not be subject to the time limitation in Article 7B.1.
ARTICLE 11
POSTINGS AND BULLETIN BOARDS
A. The Company will provide at least seven (7) bulletin boards and access to the employees through electronic bulletin board for the use of the Union to post Union notices, which are non-controversial in nature. It is understood that notices for the electronic bulletin board must be approved in advance by the Contract Site Manger. Such approval will not be unreasonably denied.
B.
There will 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
or Government property other than herein provided.
ARTICLE 12
DISCIPLINE
A. It is understood herein that no employee will be disciplined, discharged, or suspended without just and suffic