The Union will be allotted locked bulletin boards on the Company’s premises, for posting notices signed by Union Officials. The Union will designate an officer or employee of the Local to post and remove the notices.

(a)  The Company agrees that it will make every reasonable effort to provide and maintain proper sanitary and safety devices and healthful conditions within the plant and the Union agrees to encourage the employees in the exercise of safety and the observance of rules and regulations pertaining to health and safety.

(b) The Company will provide for prompt attention necessary for the employees for illness and injuries sustained during working hours. When justified by the nature of an emergency illness or injury, no pass shall be required for first aid attention.

(c)  The Company will make available to the Union informa­tion relative to any injury or illness incurred during working hours. The Company will provide a form for the recording of work related illness or injuries.

(d) The Company and Union shall meet at least bi-weekly for the purpose of discussing and taking action on mat­ters of safety and health. A Union Committee consisting of not more than three (3) members will work with the Safety Department for the purposes of accident prevention and mat­ters of safety.

(e)  The Company will provide suitable and sanitary cooled drinking fountains, lockers, washing, showers and toilet facil­ities. Areas for eating purposes will be provided with tables and benches made available.

(f)   Gloves. The Company agrees to maintain its present pro­cedures of affording hand protection to our employees by sup­plying them with gloves as they are presently needed.�

The Company agrees to allow two (2) paid rest periods of ten (10) minutes each, one in the first half, and one in the sec­ond half of each shift for the benefit of all employees. An additional allowance of one (1) five minute period shall be permitted all employees as wash-up time taken immediately prior to their quitting times at which time the employee can leave during this 5 minute wash up period.  When an employee is working an overtime shift, he shall be entitled to a 10-minute break between the end of his regular shift and the beginning of the overtime shift.

(a)  Any employee who is unable to continue work as a result of an injury sustained while at work at the plant shall be paid not less than eight (8) hours pay or pay for the hours worked, whichever is greater, only for the day on which he was injured.

(b) Any employee who has returned to his job after sustaining an injury described in paragraph (a) shall be permitted to leave his job during normal working hours in order to obtain required medical treatment for such injury, and be paid his hourly rate for the time spent during normal working hours in obtaining such required medical treatment. Required medical treatment is that which is authorized by the Company doctor.

When an employee who is temporarily disabled due to an injury or ill health sustained out of the performance of his regular job, he/she shall be placed in a non-rated position as long as the employee’s physician provided restrictions permit.  In the cases where restrictions do not allow this, both Union and Company will meet and discuss duties plant wide, rated or otherwise, regardless of shift, which may help the employee remain productively working in the facility towards rehabilitation.  In either case the employee will be compensated at his regular rate of pay or the rate of the job to which he is assigned, whichever is higher.

Employees who submit a physician certificate as related to a non-work related illness shall make such request, subject to approval by the Union membership, before waiving such jobs. Said employee must remain on his respective shift no less than 60 days and does not have the benefit of an unskilled request.�

(a)  All regular employees who are called or who volunteer for military service in any of the Armed Forces will be granted a leave of absence without pay from the Company for such peri­ods of service. Reinstatement at the expiration of such serv­ice will be in accordance with the provisions of the selective service Act, or other applicable statutes, providing application for restoration is made within ninety (90) days after discharge from the Service.

(b) The group life insurance of each employee of the Company covered by such insurance, who shall be called or who shall volunteer for service in the Armed Forces of the united States, shall be continued in force by the Company for a period of thirty-one (31) days from the date such employee leaves the Company.

(c)  Subject to the above provisions, the Company will make every reasonable effort to find suitable work for employees who may have become handicapped during such military service.

(d) All regular employees who have completed their proba­tionary period of employment, upon written request accept­able to the Company and submitted thirty (30) days in advance, shall be granted leaves of absence for short-term mil­itary tours of duty of an accredited nature. “Short-term” means a tour, or tours, of duty totaling not more than two (2) weeks or eighty (80) hours annually. Employees who are granted leaves of absence for short-term military tours of duty shall be paid the difference between their service pay and the pay normally received by them for a period of time not to exceed eighty (80) hours annually, provided that their Service pay is less than their normal pay and provided further that they submit certified documents proving .to the satisfaction of the Company the amount of Service pay received while on such tour of duty.

(e)  The group life insurance of each employee of the Company covered by such insurance who is granted a leave of absence for such short-term tour of duty shall be continued in force by the Company during the period of such leave.

(f)   All regular employees who have completed their proba­tionary period of employment, upon written request to the Company and submitted thirty (30) days in advance, shall be granted a leave of absence without pay for a maximum period of twenty-four (24) months for service in the U.S. Peace Corps. Such employees shall be reinstated into their former positions in accordance with their seniority, providing appli­cation for restoration is made within thirty (30) days after release from the Peace Corps. Benefits provided for Military Leave are not applicable to those employees who enter the Peace Corps.

(g)  The Company will grant vacation pay to employees on military leave in accordance with Article 13, Section (a), with the understanding that vacation pay will be based on earnings at GD-OTS Scranton Operations and further provided that employ­ees will receive vacation pay only for the first year following entrance into military service.

(h) Employees on short term Military Leave in accordance with Paragraph (d) of this Article will be entitled to holiday pay for holidays occurring within the temporary leave period.

(a)  The Company agrees to compensate employees to the extent of the difference between the wages they would have received and the compensation they actually received while serving as a juror for all time so lost from their regular work­ing hours, only during the duration of such duty, but not for more than eight (8) hours in each day. Such compensation for jury duty shall be limited to not more than fifteen (15) days during one calendar year and effective 10/29/89, twenty (20) days during one calendar year for federal Grand Jury Duty for any individual.

(b) In order to become eligible for the adjustment provided above, compensation received as a juror must be certified or attested in writing by the County Treasurer or similar author­ity, and shall include information pertinent to such compensa­tion, including dates, duration and amount paid for such duty and submitted to the Company as proof thereof.

(a)  In the case of death of a member of the immediate family of an employee, the Company will protect such employee against loss of his hourly wages on his regular job for up to three (3) consecutive scheduled work days to include the day of the burial. Immediate family shall be defined as employee’s wife, husband, child, step-child, mother or step-mother, father or step-father, sister, brother, mother-in-law, father-in-law, grandchild, and son-in-law and daughter-in-law.  If an employee is on vacation and the death in the family occurs he will be granted three (3) additional days off with no loss of pay. The intent of article 23A is to give employees 3 days for bereavement.  The 3 work days mentioned are to be taken consecutive with the day of burial, as the employee wishes to take them.  If the burial is over a weekend, the employee can take 3 days before or 3 days after, or combination of these totaling three (3) days.

(b) In the case of death of an employee’s grandmother, grand­father, sister-in-law or brother-in-law, the Company will protect such employee against loss of his hourly wages on his regular job for one (1) scheduled work day lost for the day of the funeral or the scheduled workday prior to the funeral. If an employee is on vacation and the death in the family occurs, he will be granted one (1) additional day off with no loss of pay.�

A grievance is defined to be any difference existing between the Union, and employee or a group of employees and the Company, involving the interpretation or application of any provision of this Agreement. A Grievance Committee consisting of the Union’s President, Chief Steward, and one other officer or steward, to be designated by the Union on a case by case basis, shall constitute the Union’s Grievance Committee and shall administer the Grievance Procedure on behalf of the Union. Should a grievance arise, the following procedure shall be followed:

Step 1. Oral complaints shall be taken up with the Supervisor by the Department Steward. The Steward and the Supervisor will meet with the employee in an attempt to resolve the matter. Such oral complaints shall be dealt with as promptly as possible but in no event longer than one working day. If no satisfactory settlement is reached, the Complaint shall not be considered a grievance until put in writing and signed-by the aggrieved employee and the Department Steward. The written grievance must be presented to the employee’s Supervisor within 5 working days from the date on which the act or condition complained of occurred. The Supervisor shall give his written answer in writing to the Department Steward and the aggrieved employee within 2 working days from the receipt of the written grievance. If a grievance necessitates the aggrieved employee’s wage check in order to determine if he was properly paid then the aggrieved employee or his Steward shall present his grievance to his Supervisor within 5 working days after distribution of the appropriate pay check. The Supervisor shall give his answer in writing to the Departmental Steward and the aggrieved employee within 2 working days from the receipt of the grievance. (The foregoing shall not be construed to mean that an employee cannot discuss conditions and circumstances involving his work with his Supervisor without processing a written grievance.)

Step 2. If a settlement is not reached in Step 1, the grievance may then be presented in writing to the Human Resources Manager within 3 working days of the Step 1 answer. The grievance will be discussed by the Human Resources Manager, the Shop Supervisor, the Union’s Grievance Committee (President, Chief Steward and one other officer/Steward) and the aggrieved employee.

Step 3.  If a settlement is not reached in Step 2, then, within thirty (30) calendar days of delivery to the Union of the answer by the Human Resources Manager in Step 2, the Union may submit the unresolved grievance to arbitration by making a notification for formal arbitration in writing to the Company. The Union will then proceed to file a formal request in writing for arbitration with the Philadelphia Office of the American Arbitration Association with a copy forwarded to the Company or its attorney within ninety (90) days from proclaimed intention.  It is understood that both parties can mutually agree to an extension for filing. The selection of the arbitrator shall be made in accordance with the Labor Arbitration Rules of the American Arbitration Association and the hearing held before the Arbitrator shall be conducted in accordance with the American’s Arbitration Association’s Labor Arbitration Rules. The arbitrator shall decide any question of arbitrability. The arbitrator’s award shall be final and binding upon the Company and Union, as well as upon the Grievant(s). The arbitrator shall have no authority or jurisdiction to add to, modify, alter or nullify any provision of the Collective Bargaining Agreement.

All costs of the arbitrator shall be borne equally by the parties. Each party, i.e., Company and Union, shall bear its own costs incurred in the preparation and presentation of its case before the arbitrator.

(a)  The Union will not call or sanction any strike, concerted stoppage or concerted slowdown during the term of this agreement except it may do so for (1) the Company’s failure, abide by the arbitration clause of this Agreement, Or (2) the company’s failure to comply with any decision of the arbitra­tor established hereunder.

(b) Should a strike or concerted stoppage or concerted slow­down of work by employees of the Company, other than those permitted herein occur during the term of this Agreement, the union will as soon as possible after receipt of written notice from the Company immediately issue instructions to the employees to forthwith return to work and to terminate any unauthorized strikes, stoppages, slowdowns, etc. pending the disposition of any grievance or dispute which may be filed in ,connection therewith. The Union will promptly furnish the Company with a signed statement which shall be to the effect that the work interrup­tion is unauthorized by the Union and that any picket lines which may be established are to be ignored. The Union, its officers and agents will refrain from giving any aid, encourag­ement or support of any sort whatever to employees who are violating the provisions of this Article.

(c)  The Company will discipline or discharge employees who violate this Article.

(d) The Company will not lock out any or all of its employees during the term of this Agreement.�

Medical: All bargaining unit employees will be offered the Scranton PPO medical insurance plan at the employee premium of $71.96 per week.

Starting January 1, 2017, transition to the company-sponsored Blue Cross/Blue Shield Personal Health Account (PHA) medical plans with a Health Savings Account (HSA) and reduced employee premium indicated below:

Dental: All bargaining unit employees will be offered the Scranton Dental Plan for 2016 at the employee premium of $4.10 per week.

Starting January 1, 2017, transition to the company-sponsored dental plan at the employee premiums indicated below:

OTS Dental Plan                                  �              � Weekly Premium  �

Employee Only                                                                  1.33

Employee + Spouse or Child(ren)                                 2.65

Employee + Family                                                           3.81

Vision:  All bargaining unit employees will be offered the company sponsored vision plan for 2016 at the employee premium of $0.94 per week.

Starting January 1, 2017, transition to the employee premiums indicated below:

Vision Plan                                            �              � Weekly Premium  �

Employee Only                                                                  1.59

Employee + Spouse or Child(ren)                                 3.19

Employee + Family                                                           4.54

FSA: Flexible Spending Accounts will be offered to the employees.

401(k): Upon plan arrangement, all bargaining unit employees will become eligible to participate in the Company 401(k) Savings Plan.  Employees who choose to participate in the 401(k) plan will receive a Company match in the amount of 50% of the first 4% of that employee’s deferral percentage, beginning on the date of plan participation. Minimum employee payroll defer­ral is 2%. Maximum Company match is 2%. Employees who do not elect to participate in the 401(k) Plan initially, may join at any time in the future.

Short Term Disability (STD): The Company shall provide the following weekly STD benefit amounts, with increases effective each annual contract anniversary date:

The present 26 week period for STD benefits will remain the same for the duration of this contract.

Long Term Disability (LTD): Starting in 2017 the company will provide a 50% LTD benefit (premiums paid by the company) with the option for the employee to buy up to a 60% benefit by buying an additional 10% benefit.  Employees on an approved LTD benefit will be eligible for medical benefits at the active employee premium for the duration of the LTD benefit.

AD&D/Life Insurance: Effective January 1, 2016, Life Insurance benefits will increase to $40,000 and AD&D benefits will increase to $40,000 for the life of the contract. Employees must be actively at work at time of benefit increase to be eligible for said increase. Additional Life and AD&D insurance can be purchased through payroll deduction at the employee’s expense.

Additional Costs: The Company will absorb all additional costs necessary to maintain the existing level of benefit plans for the term of this Agreement. There will be a weekly payroll deduction as mentioned above for co-payment of health insurance coverage from each STD check issued in addition to FIT and FICA taxes.

Additional Provisions: For those employees on a leave of absence with benefits continuation as indicated previously in the contract (i.e. once STD benefits end after 26 weeks duration or employees on workers compensation) or on LTD,  employee premiums will be billed directly by the GD Service Center and monthly payments must be remitted by the employee as instructed on the bill in order to maintain health care coverage.

Employees going out on a layoff will remain eligible for health care benefits for the remainder of the month that they were laid off and the following month.  Employee premiums will be billed directly by the GD Service Center and monthly payments must be remitted by the employee as instructed on the bill in order to maintain health care coverage.

(a)  Introductory

(1) The purpose of this article is to provide the maximum employment security to an employee consistent with the efficient operation of the plant.

(2) Seniority will be recognized to include length of service with the Company at the Scranton Division.

(3) Seniority will be by classification, department or on a plant wide basis (all departments) as outlined below.

(4) Where seniority is by department, the departments will consist of the TMP Department, Inspection, Maintenance, Machine Shop and Production Shop.

(5) In addition to being applied on a classification, depart­mental or on a plant wide basis, seniority may also be affected by whether the jobs involved are designated as Skilled, or Semi-Skilled as set forth respectively in Appendices A-1, and A-2.

(b) Ability

Where this Article refers to ability to meet job require­ments, it shall mean the Competence to perform the job in question. Such ability shall be determined by the Company subject to challenge by the Union through the Grievance Procedure.

(c)  Length of Service

Seniority service length will be determined by reference to the date of commencement of work following initial employment or rehire employment by the Company as applicable. In case of such identical dates, the employee with the lowest clock number will have the preference.

(d) Definition of Job Vacancy

A job vacancy, as the phrase is used in this Article, shall mean a job to which no employee has automatic rights under this Article, and shall not include jobs which are subject to recall rights of any employees or temporarily occupied due to incumbent’s leave of absence or due to the application of Article 20.

(e) Job Vacancy

Skilled Jobs (Appendix A-1)

Awards of job vacancies in any skilled job (Appendix A­-1) will be made on the basis of length of service. In deter­mining abilities, consideration will be given to prior expe­rience on similar or related jobs. The foregoing does not apply to the following skilled jobs listed in Appendix A-1 which will be awarded on the basis of length of service and capability to perform the work required: Inspector A, TMP Operator, and Utility Service Men. All employees, in the job classi­fication Inspectors shall be given the oppor­tunity to select the inspection station of their choice four (4) times per year from the effective date of this Agreement in accordance with their seniority. In the case of an absent inspector the Company may be able to select another inspector to fill the vacant job in order to have a qualified man on the job.

For forklift repair, a mechanic will be placed in an area to perform upkeep and repair of forklift as required. The mechanic will be assigned to this work as long as there are forklifts to be repaired.

Semi-Skilled Jobs (Appendix A-2)

Awards of job vacancies in any Semi-Skilled job listed in Appendix A-2 will be made on the basis of length of service and capability to perform the work required. All employees in unskilled jobs, Appendix A-3 shall, for a period of fifteen (15) days from the signing of this Agreement, have the opportunity to put in a written transfer-request for the department they desire. Within thirty (30) days from the signing of this Agreement, the Company agrees to make such transfers on the basis of the requests, consistent with capability and plant wide length of service. After the thirty (30) day period men­tioned above, for the purpose of filling vacancies in an unskilled job listed in Appendix A-3, the Company need not post and bid such vacancies but shall honor all written requests not later than ten working days after the date scheduled for filling the vacancy, consistent with the capability and plant wide length of service. An employee shall be limited to three (3) such transfers based on such requests each contract year. Any of the time limits of above sections may be extended by agree­ment of the parties.

(f)   Posting and Bidding Procedure

When a job vacancy occurs, in a classification listed in Appendices A-I and A-2, notice will be posted for a period of two (2) working days. Employees who bid for such vacancies shall do so in writing during the aforesaid time period on a form made available by the Company, in duplicate, original to the Company, copy to the Union. The Company will process the bids and award the jobs within 30 days. If, before the job is filled, the work for the job is no longer necessary, the posting may be withdrawn. The Company agrees to physically move the successful bidder to the new job within 5 working days of being awarded the job. An employee selected to fill a job through the bidding procedure and after successfully qualifying thereon shall work at that job for a period of sixty (60) working days before he can be eligible to bid on any job vacancy. An employee who is award­ed a job and who refuses such job or is granted request for removal from such job will not be eligi­ble to bid for any job vacancy for a period of six (6) months. The number of job awards to any one employee will be limited to three (3) per year.

An employee who fills a vacancy by this bidding procedure must perform the job efficiently and satisfactorily within thirty (30) calendar days after the date he starts to work on the job. Should he fail to perform the job efficiently and satisfactorily, he will be returned to his former job or another available job in accordance with provision of section (g) Reassignment.

 An employee who previously held a job on a permanent basis and bids a job vacancy that is in a lower or equal labor grade, he/she will not be required to be tested. If the employee is bidding to a higher labor grade, testing will be required whether or not they previously held the job.

(g)  Reassignment

After an employee starts to work on a job awarded pursuant to the posting and bidding provisions of this Article or to which he is transferred or is assigned by virtue of application of this Article or this Agreement and he fails to perform satisfactorily in accordance with the job requirements, the Company shall, at any time within thirty (30) days after the date he starts to work on the job, reassign him to his previously held job if not awarded or eliminated, or to such other job, if any, to which he may be entitled by virtue of the seniority provisions of this Article. His previously held job may be posted and bid but shall not be final­ly awarded for at least five (5) days from the dates he starts to work on the job awarded to him. The employee shall be deemed to hold the job on a per­manent basis for the purpose of this Article after he has worked on such job for a period of at least thirty (30) days.

(h) Transfers

1. In the event of unusual conditions or emergencies, employees in Labor Grade Appendix (A-3), may be transferred to other jobs, or transferred to other shifts, without regard to any provisions contained in this Article except sub-paragraph (4) of this paragraph in order to maintain production flow and effective plant operation.
2. Employees working in Semi-Skilled Jobs may be transferred by the Company to other jobs or other shifts as required, without regard to any provisions contained in this Article, except subparagraph (4) of this paragraph, in order to maintain production flow and effective plant operation.
3. Employees working in skilled jobs may be transferred by the Company to other jobs or other shifts as required on the basis of their individual ability with­out regard to any provisions contained in this Article, except subparagraph  (4) of this paragraph, in order to maintain production flow and effective plant opera­tion
4. Transfers in accordance with subparagraph (1), (2), and (3) above will be made on the ability to do the job required however, where abilities are relatively equal, employees with greater length of service will be given selection preference.
5. Employees may be transferred as above for a period not to exceed thirty (30) days in anyone period and not to exceed a total of sixty (60) days in any one year beginning with the effective date of this Agreement.
6. Employees being affected by a transfer have the option of accepting the transfer or leaving the plant. If the employee accepts the transfer, he. /she will remain on the job for the balance of the shift.

(i)    Departmental Changes

1. If a department or a portion thereof is discontinued, the provisions involving a reduction in force contained herein will apply within a period of fifteen (15) days subject to extension of Agreement
2. If a new department is created, job vacancies thus cre­ated will be filled by application of the appropriate job posting and bidding procedure contained herein.
3. If it becomes necessary for a department to be split into two or more departments, the employees affected will have accrued departmental seniority only in their new department. If two or more departments are com­bined into one department, the employees affected will have accrued departmental seniority only in the new department.
4. Employees who are transferred into another depart­ment shall retain departmental seniority in their old department for a period of thirty (30) working days, after which time their total accumulated seniority shall be applicable in their new department.
5. An employee who is temporarily transferred from one department to another will retain and accumulate sen­iority in the department from which he was temporar­ily transferred.

(j)    Reduction in Force – All Jobs (Appendix A-1, A-2, A-3)

1. Except as otherwise provided herein, in the event of a reduction in force, the least- senior employee in the affected job classification will be displaced.
2. A skilled employee displaced under the provisions of paragraph (1) above, who has greater seniority, may displace another skilled employee in his own or another department, provided he can perform the work required efficiently and satisfactorily without further training or be laid off.
3. Employees bumping into the cut and form classification will qualify on the saws.
4. Employees bumping into all other production skilled positions will have the option to choose any piece of equipment in the classification that they are attempting to qualify in that is running production at the time of the bump.
5. A semi-skilled employee displaced under the provisions of paragraph (1) above may displace a semi-skilled employee in his own or another department, provided he has greater seniority than the employee then displaced.
6. It is understood that with respect to paragraphs (1), (2), & (3) above, employee affected by a reduction in force may not displace an employee in a higher rated classification.
7. Whenever employees, by the exercise of their senior­ity rights, displace other employees, the least senior employees in their job classification affected shall be the ones displaced.
8. In the event of failure to meet the ability require­ments of the job chosen and transferred to, the affect­ed employee shall be assigned to an available unskilled job which he can perform, or be laid off, if no Unskilled job is available.
9. When a reduction in force results in a layoff of more than seven (7) working days, the Company agrees to give the Union and the employee(s) affected notice of such reduction not less than seventy-two (72) hours in advance, but the Company shall be relieved of this obligation in the event of the termination of any gov­ernment contracts, a work stoppage, the failure of materials to arrive as scheduled, fire, casualty, acts of war, breakdowns, schedule change by direction of a Government Agency, or any conditions and causes beyond control of the Company
10. If a reduction in force or a layoff results or would result in any disruption of any shift or shifts the Company shall have the right to transfer employees temporarily but not earlier than the effective date of the reduction in force or layoff. Jobs may be filled, or transfers made, on a temporary basis not to exceed thirty (30) days, unless extended by agree­ment. Such temporary transfers may be made by the Company with regard to the seniority provisions of this Agreement. Employees so transferred shall, during the time spent on the job temporarily trans­ferred to, be paid their current rate or the rate of the job, whichever is higher.
11. Layoffs affecting any individual employee not to exceed five (5) working days at any one (1) time shall be considered temporary layoffs. In case of temporary layoffs, the Company may deviate from the seniority provisions as set forth in this agreement except that the least senior employee in the classification shall be the first laid off. However, such tem­porary layoffs shall not exceed a total of (80) hours for any individual employee in any one (1) year beginning with the effective date of this Agreement. Should a temporary layoff occur after an individual employee has accumulated (80) hours laid off as described above, such employee has the right to replace the junior employee in accordance with pro­visions of this article. Such temporary layoff peri­ods may be extended by agreement of the parties.
12. In the event of a reduction in force, the Union offi­cials specified below, who are employees, shall be allowed plant preferential seniority during their respective terms of office to prevent actual layoff, provided they have the ability to perform the avail­able work. Such officials may be displaced but not laid off in accordance with their actual seniority as applicable to all employees as set forth herein:

• President
• Chief Steward

Whenever a reduction in force or a temporary lay­off is in effect, the Union President and Chief Steward will be afforded plant preferential seniority during their respective terms in office.

11. Job vacancies being processed at the time a force reduction occurs will be suspended until the com­pletion of the force reduction.
12. Employees who have been awarded jobs and who have not yet been granted the job on a permanent basis will be considered eligible for displacement on the basis of their regular jobs.

�

(k)  Re call – All Jobs (Appendix A-1, A-2, A-3)

1. Employees at work who have been affected by a reduction in force shall have recall rights to any job openings in the job classification or classifications from which they have been reduced.
2. In the event the recall procedure applied in Section (k) (1) above fails to fill a job set forth in Appendix A-1 and/or A-2, employees on layoff that are qualified and have physically held such jobs shall be recalled in order of seniority. If such job is not filled with individuals on layoff it will be deemed a job vacancy as defined in Section (d) of this Article subject to the Posting and Bidding Procedure of Section (f) of this Article.
3. In the event the procedures of Section (k) (1) and (k) (2) above fail to fill the opening, the Company may appoint from the plant layoff roster, or hire from the outside.
4. Employees at work, and employees who return to work after recall will be moved to fill job openings in the reverse order of layoff insofar as possible.
5. In cases where necessary, employees more readily available may be temporarily employed without regard to provisions contained in this Agreement until laid off employees report to work as herein pro­vided.
6. After an employee has held a job on a permanent basis awarded pursuant to the Posting and Bidding Procedure, he shall lose recall rights to any job he formerly held.
7. An employee who is working and is recalled to a job shall thereafter retain no rights to the job from which he was recalled.�

(l)    Termination of Seniority and Employment

Seniority and employment will cease by reason of any of the following:

1. Voluntarily quit.
2. Discharge for cause, and cause sustained.
3. Unexcused absence for three (3) consecutive work­ing days.
4. An employee’s failure to notify the Company in writing, within three (3) days after the receipt of notice (certified or registered mail) to return to work directed to the employee’s last address as noted in his employee folder, of his intention to return to work, and his failure to report for work within five (5) days from the date of receipt of notice to return
5. Layoff for a period of more than four (4) years.
6. Failure to return to work after a leave of absence has expired unless an extension of such leave is granted.
7. Accepting employment elsewhere while on a leave of absence.
8. Transfers out of the bargaining unit for more than thirty (30) days unless extended by agreement.
9. Layoff for a period more than actual seniority earned up to a maximum of four (4) years. NOTE: APPLIES ONLY TO NEW EMPLOYEES HIRED AFTER 28 APRIL 1984.�

(m) New Employees

All new employees shall be probationary employees for a period of forty-five (45) days after reporting to work following initial employment. Such new employees may, at any time prior to the expiration date of said period, be terminated by the Company at its discretion. Probationary employees shall have no seniority rights. A probationary employee who is retained after the expiration of said forty-five (45) day period shall become a regular employee, and only then acquire seniority from date of employment. During their probationary period new employees shall enjoy no seniority or other benefits of this Agreement, except Holiday Pay.  Health insurance benefits will begin on the 31^st day during their probationary period.  The Union representatives shall have an opportunity to meet with new employees during the orientation. �

(n) Shift Preference

An employee may exercise shift preference in his clas­sification in accordance with his length of service, but no more than four times in any one (1) year in his clas­sification. Shift preference shall be subject to the requirements of the Company for maintaining produc­tion flow and effective plant operation.

(o) Seniority List

A seniority list will be prepared by the Company as soon as possible after the execution of this Agreement, and revised at the end of each three (3) month period thereafter, and shall be made available to the Union.�

(a)  The Company agrees to recognize the Local President and the Chief Steward, the Departmental Stewards and Representatives of the International Association of machinists as the official representatives of the Union, in connection with disputes which may arise between the Company and the Union under this Agreement.

(b) The Company agrees to a reasonable number of stewards for each department on each shift, the number of which shall not exceed one steward per fifty (50) employees. In no event shall the total number of stewards exceed the total number of foreman in the plant.

(c)  The Union may select an alternate departmental steward on each shift who will act as departmental steward in the absence from work of the regularly assigned steward.

(d) The parties agree that there shall be no Union activity permitted nor any activity in opposition to the Union permitted by any employee or by any representative of either party, on the employer’s time, except as expressly provided for in this Agreement.

(e)  The Company agrees to compensate the Union President, Department Stewards, the Chief Steward and the Grievance Committee members at their regular hourly rates of pay for reasonable time spent during regularly scheduled work hours in the handling of grievances as specifically outlined herein. In all such instances permission will be granted immediately, if possible, but in no event later than fifteen (15) minutes, by the appropriate supervisor. Members of the Negotiating Committee shall be compensated at their regular hourly rates of pay for the time spent during regularly scheduled working hours in negotiation meetings with the Company.

(f)   The Union may also select one Chief Steward and an alter­nate for each of the existing shifts. The alternates will be selected from departmental stewards and will function in the capacity of the Chief Steward only in the absence from work of the Chief Steward. Written notice must be given to the Company as to who shall act in such capacity.

(g)  When the department steward requires the assistance of the Chief Steward in handling a grievance, he will request the Supervisor in charge in his department for permission for the presence of the Chief Steward. It is understood that stewards will make every reasonable effort to settle disputes in their departments before calling for the assistance of the Chief Steward.

(h) Grievances submitted to Step 2 of the grievance procedure shall be discussed by the Human Resources Manager, the Shop Supervisor, the union President, the Chief Steward, and the Shop Steward in the presence of the aggrieved employee.

(i)    Grievance meetings shall be held at any time by agreement, but in no case less frequently than one each week at 9:00 A.M. on Friday to process Step 2 Grievances.�

(a)  The use of time study is recognized for work measurement and the establishment of work standards. Failure to meet work standards except for reasons beyond the control of the operator may result in disciplinary action. Work standards may be revised at any time in accordance with sound industri­al engineering practices and time study data. Production stan­dards shall be fair and equitable and shall be determined by time study methods or standard data developed there from. Employees’ complaints regarding work standards may be processed through the grievance procedure. Before protesting the fairness of a production standard, the operator will give such standard a fair trial.

(b) Production standards will be in writing and a copy will be given to the Union and department Supervisor within three (3) working days prior to the date the standards are put into effect. Time study data used for establishing production standards will be available in the Industrial Engineering Department for review by Union Officials upon request.

(c)  Existing standards will be changed when there has been a change in methods, materials, design, tooling, equipment or clerical error.�

(d) During the course of the 2015 negotiations the company and Union agree to establish new production standards for all equipment operating at the facility.  In order to establish the new production standards the company and Union agree to have a three-person committee.  The committee will consist of designee of the Union, a certified company Industrial Engineer and a certified third party Industrial Engineer.

(a)  The Wage Schedule reflected below shall remain in force for the duration of this Agreement.

(b) In the event the Company establishes a new job which does not properly fit into the existing job classifications, the Company will meet and discuss with the President, Chief Steward and the Negotiating Committee, the new duties and the appropriate rate for the job.�

(c)  In lieu of base wage increases, the Company will pay lump sum payments in the amounts indicated below to coincide with the contract anniversary as soon as administratively possible, but no later than two weeks after contract ratification in 2015 and all subsequent years will be paid by the first pay period in November.  In an effort to help employees fund their HSA in the first year of transition to PHA Plans, the Company will allow employees to make a one-time election to contribute the full lump sum amount for 2016 into their Health Savings Account (HSA).  If elected, the payment will be delayed till early January 2017 to allow for an HSA account to be opened.

Subject to the provisions of this Agreement, and to the reten­tion by the Company of the rights ordinarily exercised by management, the Company shall have the exclusive right to manage and operate the plant and all its facilities. Such exclu­sive right shall include but not be limited to the right; to hire new employees, to determine their qualifications, and to ter­minate their employment at the discretion of the Company while such new employees are still probationary employees; to determine the products to be manufactured, and the meth­ods, processes, equipment, and technological changes neces­sary to effect such manufacture; to discipline or discharge for good and sufficient cause and to layoff, assign, promote, demote, transfer employees, and to determine and effectuate personnel policies; to establish work schedules, including daily and weekly hours of work, starting and quitting times, time for rest periods, and shift schedules; to relocate the plant, add new plants, or diminish the size of any plant; and to deter­mine production schedules and to increase or reduce the work­ing force.

(a)  The Company and the Union shall be bound to whatever extent that may be necessary by security measures imposed by all government agencies for the employees covered by this Agreement.

(b) Security measures imposed by such government agencies shall relieve the Company of any liability under the terms of this Agreement if, as a result of their application, transfer, dis­ciplinary action, or discharge becomes necessary.

(c)  Security measures designed to prevent or deter sabotage, espionage, subversive activities, or any regulations that affect plant protection shall be posted throughout the plant or other­wise made known to employees.

(d) Any actions taken by the Company may include security considerations. Security regulations will prevail over seniori­ty and/or other factors involved in such actions. Personnel actions based on security considerations shall not be cause for arbitration. Any breach in Government security regulations shall be cause for immediate dismissal. The finding will be reported to the Federal Government.

The Company agrees to furnish a copy of this Agreement to each employee, sixty (60) days following the adoption of this Agreement. All new employees shall be issued a copy of the collective bargaining agreement on their date of hire.

The Company will issue to employees, equipment for their use, including protective devices, testing equipment and inspection equipment, appropriate to the work activity, other than those hand tools generally associated with the trade and furnished by craftsmen and tradesmen. The Company will reimburse an employee up to seventy five dollars ($75.00) toward the purchase price of a pair of safety shoes and seventy five dollars ($75.00) towards the purchase price of a pair of prescription safety glasses. The procedure for payment is to be based on proof of purchase.  Employees shall be held respon­sible for such Company property issued to them.

The parties hereto agree to cooperate in a concerted effort to eliminate, or reduce to a minimum, waste and production loss­es that involve breakage, rework, defective work and poor quality of products that result from negligence and careless­ness on the part of employees.

Unless otherwise modified the term “day” or “days” used throughout this Agreement shall mean a calendar day or cal­endar days.

(a)  No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or conditions or covenants contained herein shall be made by an employee or group of employees with the Company and in no case shall it be bind­ing upon the parties hereto unless such agreement is made and executed in writing between the parties hereto.

(b) The waiver of any breach or condition of this Agreement by the Union or the Company shall not constitute a precedent in the future enforcement of all the terms and conditions herein.

If, at anytime, during the terms of this contract it becomes necessary to re-open any section of this Agreement, such reopening will be confined to the section mutually agreed upon and no section may be reopened for negotiation without the mutual agreement of the parties hereto.

The Company and the Union acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and propos­als with respect to any subject or matter not removed by law from the area of collective bargaining, and that the under­standings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Company and the Union for the life of this Agreement, each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, (except as provided for in Grievance Procedure herein) or with respect to any subject or matter not specifically referred to or covered in this Agreement, whether or not such subject or matter was within knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Both parties agree not to seek to institute innovations, or to change the character of the understanding embodied herein with respect to any subject or matter covered by this Agreement.

This Agreement shall take effect as of 10/31/15, and remain in full force and effect until 10/26/18 and thereafter from year to year unless at least sixty (60) days prior to termination either party shall serve upon the other written notice that it desires to modify or terminate the Agreement. In the event of a proposed modification, the parties hereto shall arrange a conference between them to be held within ten (10) days after service of such notice for the purpose of dis­cussing the proposed modification. In the event that such con­ference or conferences fail to result in an agreement before the expiration date, the Agreement shall remain in full force and effect until the execution of a new Agreement.

The Company agrees that the present vending machine and cafeteria services will be continued. The Company will main­tain a Welfare Fund for the benefit of the employees of the bargaining unit and other employees, said welfare fund being derived from the share of commissions received from the sales of cafeteria and vending machine products. A joint commit­tee of equal number of Union and Company representatives will administer the Welfare Fund and the vending machine and cafeteria services.  At the quarterly meeting a financial report of the Welfare Fund will be presented to the Union and Company representatives.  Company will cover shortfall (if any) from vending proceeds to fulfill clambake costs up to $4,000.

The provisions of this Agreement shall be binding upon the Company and its successors, assigns, or future purchasers, and all of the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merg­er, sale, transfer, or assignment of the Company of any or all of its property, or affected or changed in any respect by any change in the legal status or ownership.

The Company agrees to grant an annual tool allowance to employees in the following skilled classifications:

Classification

Machinist                                                                                $220

EMS/Mechanic                                                                     $198

Crane Electrician                                                                  $198

Utility Service                                                                        $165

Machining Cell Technician                                                 $165

Electrician                                                                               $143

Tool Inspector                                                                       $138

Welder                                                                                    $127

Oiler                                                                                         $127

Skilled/Nosing Operator-Paint/Bond Setup                 $110

Employees in the above classifications will be eligible for payment of the above specified amounts. If an employee is on a job listed in this article for more than 6 months and is dis­placed because of a bump or reduction, he/she shall receive a tool allowance for that year. Payment is to be made each December 15^th.�

The Company agrees to contribute a total of the following per hour, effective on the anniversary date of each contract year:

Employees who work 90 consecutive days on all scheduled work days, (Monday through Friday), without absenting themselves, leaving early or coming in late will be entitled to an additional days pay or one day off with pay. Certain bonus hours can be taken in one (1) hour increments (leaving early, coming in late) as described in the Attendance Policy. Employees will be considered absent for any reason other than the following as outlined in the agreement:

1. Military Leave
2. Jury Duty
3. Vacation
4. Holiday
5. Funeral Leave
6. Union Business
7. Bonus Days/Hours
8. Family Medical Leave Act (FMLA) Leave

1.     Labor/Management Meetings

Labor Management Meetings will be held on a regular basis, at least quarterly, between representatives of the Company and the Union. The purposes of these meetings are to develop bet­ter understanding and communication between Management and the Employees in such matters as the condition of the business, programs for continuous improvement, new product lines and the staffing and manning of same and other matters raised by the Company and the Union. It is expressly under­stood that such meetings are not intended to supplant nor interfere with the provisions of Article 24 or Article 28.

2.     Machine Operators

When the need arises to shut down a machine or the machine station is broken down or there is no work available during the course of the work day and an employee must be moved, the Company will move the junior employee who holds the clas­sification. In the case of a machine shutdown, breakdown, or no work situation a utility worker will be moved prior to any junior employee in the classification which is affected.

3.     Out of Department Moves

When personnel moves are made affecting employees moving out of the department the foremen will confer with the shop steward prior to the move being made in an effect to insure that the proper employee is being affected.

4.     Moves out of Department

Regarding moves outside the department among the laborer and rated classifications.

If a situation arises where a job shuts down for any reason and an employee must be moved out of his or her department, the most junior employee among the laborer classification, and rated classification where the job was shutdown, will be the employee that is moved.

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5.     Electro Mechanical Specialist (EMS)

The Company and Union agree to establish a new classifica­tion (EMS). The duties of this job will be the troubleshooting, repair, and preventative maintenance of all Numerical Control Equipment components and robotics plant wide.

The labor grade for this classification will be established as (11 N). This job will be bid in the following manner:

(a)  Employees holding or who have previously held the mechanic or electrician classification who are active employees may bid and qualify for position

(b) Employees who have never held either the mechanic or electrician classification may bid and qualify for consid­eration by choosing to take and pass either the mechani­cal or electrical knowledge test currently given by the Company. The Company will award the job to the senior bidder with a passing test score or scores.

(c)  If this process does not yield successful bidders, anyone on layoff who has either the electrician or mechanics job classification may bid and qualify as in section (1) above. The Company will then award the job to the senior bid­der on layoff who has passed the aptitude test.

(d) The successful bidder will hold the job permanently after thirty (30) days. If returned to his job prior to the thirty (30) day period he will return to the classification for­merly held.

(e)  The successful bidder will be required to attend all class­es for technical training. Premium time will be paid in accordance with Article 7 of the Company/Union Agreement applicable to the above technical classes. Anyone who wishes to attend these classes who were not a successful bidder may do so voluntarily at no cost.

(f)   The Company and Union agree that all successful bidders will be trained and the technical responsibilities of the Numerical Control Equipment will be the job jurisdiction of the EMS. Mechanics and electricians may be assigned to any work on numerical control equipment, robotics, and computer con­trolled equipment or induction machines at the regular rate of pay.

6.     Early Retirement Benefit

The company will provide an early retirement medical benefit consistent with the plans offered in Article 26 until the employees’ 65^th birthday for employees who retire between the age of 62 and 65, with 24 or more years of service. Retiree will pay the monthly premium equivalent to the active employee premium converted to a monthly rate.�

7.     Laborers

Incumbent laborers working in the TMP or production areas will remain in those areas unless exercising their right under article 27, Semi-Skilled Jobs, Appendix A-2, while work is available. Laborers will be moved from area to area by sen­iority.

8.     Clarification on Sub-Contracting

(a)  The Company will provide the Union with a list of possi­ble subcontract projects that they desire to perform. These projects may be work usually performed by maintenance employees or machine shop employees or production employees.

(b) The Company and Union will meet in an attempt to deter­mine whether this work is normally and historically per­formed by bargaining unit employees in either the mainte­nance or production or machine shop.

(c)  The Company and the Union will determine that the work in question either can or cannot be performed by bargaining unit employees in maintenance or production or machine shop.

(d) If the Company and Union fail to reach agreement, the Union may utilize the grievance and arbitration procedures of the Collective bargaining Agreement.

9.     UT Certified Inspector

(a)  A UT Certified Inspector shall be put in appendix A-1, skilled jobs in the labor grade 7N.�

1. Any employee who bids and is awarded this job is required to take all technical training and premium time will be paid in accordance with article 7 of our agreement.
2. Employees currently holding this position as of the ratification date of this agreement are exempt from the forgoing subparagraph d.
3. Any employee, who fills this vacancy by the bidding procedure and requests removal from such job, will be required to notify the company and union in writing of their intention to bid another job by giving 120 calendar days notice.

(b) For vacation scheduling, the combination of “A Inspector” and “UT Certified Inspector” will be determined at the time of scheduling.

10.             Incentives & Rewards Programs

The company in an effort to collectively reward all employees for efficiencies and commendable work practices would like to reserve the right to put in measures of reward, bonuses etc.  Such programs will be at the sole discretion and administration of the company, designed to benefit all employees for desired results.

11.             Plant Wide Utility Operators

During the course of the 2015 negotiations, the Union and Company have agreed to establish a new job classification of Plant Wide Utility Operator.

The pay grade for the Plant Wide Utility Operator will be that of a 7P.

The duties of the Plant Wide Utility Operator will include the following:

1. Fill vacancies created when regularly scheduled operators as described in sub paragraph (2) below, are not present at work as a result of sick leave usage, vacation and/or absenteeism.
2. The Plant Wide Utility Operator will fill vacancies for the TMP Operator, Cut/Form Operator, Crane Yardman, TMP Semi-Skilled Operator, Skilled Operator, Nosing Operator, Paint/Bond Set Up and Production Semi-Skilled Operator.

It is agreed and understood between the Union and the Company that there will be a maximum of five (5) Plant Wide Utility Operator bargaining unit positions staffed and utilized at any given time.  At no time will the number of the staffed Laborer Classification compliment fall below the maximum number of staffed Plant Wide Utility Operator compliment. It is further agreed and understood that once the posting and bidding process for the filling of the Plant Wide Utility Operator positions has been exhausted, the Company will fill the remaining vacant Plant Wide Utility positions from the Laborer recall list by seniority.

It is further agreed and understood between the Union and the Company that the present classification of TMP Utility Operator will no longer exist and the employees in the eliminated classification of TMP Utility Operator that hold recall will be grandfathered into the new classification of Plant Wide Utility Operator.  It is also understood and agreed to between the Union and the Company that any employee that is grandfathered and/or bids into the Plant Wide Utility Operator position will be fully trained in all of the jobs that he or she may be required to perform as listed above.

Between GD-OTS Scranton & IAM Local 847 (effective 10/31/2015)

1.   � IAM Sponsored Supplemental Benefits:

The Company will allow the IAM to offer the local membership supplemental insurance benefits outside of any benefits offered by General Dynamics (GD-OTS).  This supplemental insurance will be offered with the understanding that GD-OTS is not responsible for these offerings and/or any transactions associated with the offerings. GD-OTS Scranton will set up a single payroll deduction per employee to accommodate premium payments.  All transactions other than the payroll deduction with respect to this supplemental insurance are the responsibility of the employee and the provider.

2.   � IAM Appointed EAP Representative:

The company will recognize one member of the union body appointed by the Business Agent of IAM Local 847 as an EAP representative. This representative will work with the company EAP representatives, specialists, and programs for the benefit of the union population and those in need of EAP services.

3.   � Company STD/FMLA Liaison:

The Company will appoint the Scranton, PA Human Resources Manager as a liaison to work with employees in fulfilling their requirements when applying for FMLA and STD through the company’s third party administrator.

The goal of this attendance policy is to reward good attendance and change the behavior of people with poor attendance. This policy uses a point system, and does not excuse or unexcuse absences. Incidents are those which happen on regular scheduled days.

Each absence = 1 point per day

Each late in (tardy) or early out = 1/2 point

Disciplinary Action:

8 points = verbal warning

9 points = written warning

10 points = 3 day suspension

11 points = termination

            Attendance points reset each contract year.

Employees who have been under this policy may have their most recent reprimand or counseling removed if they come to work without incident of absence (tardy, leave early, day off) for three (3) consecutive months, beginning on the first (1^st) day of the month after the date of the actual infraction.  Employees who work three (3) consecutive months on all scheduled work days, (Monday through Friday), without incident of absence (tardy, leave early, day off) will be entitled to an additional days pay or one day off with pay (Bonus Day).  The Company will not take earned bonus time for FMLA.

Progressive Attendance Reward Incentive

As an incentive for those with exceptional attendance throughout the year employees can accrue Bonus Hours based on the schedule below. These hours are intended to be used in emergencies through the contract period in one (1) hour increments. Perfect attendance in this paragraph refers to no incidents of tardy, leaving early or absences. The earning schedule is as follows:

      Step 1 – 90 days perfect attendance. No hours earned.

      Step 2 – An additional 90 days perfect attendance (180 total). 2 hours earned

      Step 3 – An additional 90 days perfect attendance (270 total). 4 hours earned

      Step 4 – An additional 90 days perfect attendance (365 total). 4 hours earned

Employees who remain with perfect attendance after Step 4 for will continue to earn 4 hours bonus time for every 90 days perfect attendance. Once an incident of tardy, leaving early, or absence occurs the employee starts at Step 1 in the cycle.

Rehabilitation Incentive

Employees who have been under this Policy may have their most recent reprimand or counseling removed if they come to work without an incident of absence (tardy, leave early, day off) for four consecutive months, beginning on the first of the month after the last repri­mand.

1. Overtime for production posted no later than noon Thursday.
2. Overtime for maintenance posted no later than noon Friday.
3. All calls to employees’ homes are call-in and steward must be present.
4. Overtime scheduled in classification to start with employee with low hours.
5. If employee is working he/she owns the shift they are on.
6. Open Shift – no one from this shift is working overtime, the senior employee in the classification that is working has a right to the shift.
7. All hours offered within your classification will be charged whether accepted or refused.
8. Hours asked for outside your classification can only be charged if someone in your classification accepts those hours.  ( IE:  forklift operators are asked to work as  laborers and no forklift operator accepts, no one in the forklift classification is charged.)
9. Overtime charged hours in a classification cannot exceed 24 hrs. difference between high & low man.
10. Overtime shall be distributed among the people within the classification in that department first, before going outside the department.
11. A)        Asking for overtime outside a classification you will first go across then down then up, thru the qualified employees within that department.
12. B)  Plant-wide employees will be asked when going down or up, depending on job classification or rate of job being offered.
13. C)  If 11A and 11B does not yield a full compliment for overtime, you may then go outside the department, going across, down and then up
14. A person returning to work after more than 1 (one) week ( STD, workers comp., FMLA or leave of absents), will be averaged in on overtime.
15. Reduction in force – employee will be averaged into the new classification.
16. A separate list will be maintained for both time and a half and double time.  Both list will be posted and updated daily in the forge, heat treat, production and machine shops.
17. Job bid – the overtime is in his/hers old classification until he/she qualifies (30 days) then he/she is averaged into new classification.
18. Probationary employees – asked only after everybody in that department has been asked.

If asked for overtime within 1 (one) hour of the end of your shift, and you refuse, you will not be charged.

Background and Purpose

GD-OTS Scranton Operations is committed to providing a safe and healthful workplace for our employees and to ensuring efficient production of quality goods for our customers. GD-OTS Scranton Operations recognizes that its continued excellence in these areas depends greatly on the ability of its employees to execute their responsibilities in a manner which reflects the highest standards of competency and safety.

The Company views the maintenance of a safe, healthy and secure work environment as a matter of paramount concern and has a compelling interest in providing a work environment free of drugs and alcohol abuse.

Statement of Policy

It is the policy of GD-OTS Scranton Operations to maintain an environment free of drug and alcohol abuse and to comply with all federal, state and local laws and regulations which prohibit or otherwise control the manufacture, sale, distribution use and possession of drugs and alcohol. The following standards and regulations apply to all employees and are designed to prevent substance abuse in the GD-OTS Scranton Operations environment.

1. Illegal Drugs:

For purposes of this section, “illegal drug” means any drug which is not legally obtainable or which is legally obtainable but has not been legally obtained. The term includes prescription drugs not legally obtained, and prescription drugs not prescribed for the employee.

Any employee reporting to work while under the influence of illegal drugs will be subject to Section 8 of this policy.  Any employee, who possesses, manufactures, sells or distributes illegal drugs while on GD-OTS Scranton Operations property, during working hours, and/or on GD-OTS Scranton Operations business will be subject to discharge. In appropriate cases, the employee may be referred to law enforcement authorities for prosecution.

Employees found to be unlawfully involved with drugs or controlled substances on their own time will be subject to disciplinary action up to and including discharge, if such involvement has or may have an adverse effect on the Company. Examples of adverse effect include but are not limited to impaired work performance, endangered safety of other employees and/or customers, improper use of Company property, and undermined public or customer confidence in the Company.

The Company will review all cases where it has knowledge that an employee has been convicted for violating a criminal drug statute, including those situations where the activity in question occurred off the job. In determining appropriate action, the Company will consider the nature of the conviction, job assignment, record with the Company, and other factors related to the impact of the conviction upon the Company’s business.

2. Medication:

Controlled substances legally prescribed by a licensed physician, as well as certain other medications, can influence performance and behavior. For this reason, employees should obtain from their physician information regarding any potential impairment which may be caused by such medications. No employee may work in an impaired condition. Where impairment potential exists, the employee should inform his/her supervisor

3. Alcohol:

Employees reporting to work under the influence of alcohol or alcoholic beverages will be subject to Section 8 in this policy.  The possession of open containers, use, sale or distribution of alcohol or alcoholic beverages by any employee on Company property and/or during work hours is prohibited and subject to discharge.

Self-Referral and Rehabilitation:

It is the responsibility of each employee to seek and accept assistance before alcohol and drug problems lead to disciplinary action. The employee’s decision to seek such assistance will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. At the same time, performance standards must be maintained, and alcohol or drug use or addiction will not be an acceptable excuse for performance that requires disciplinary action, even if the employee has already sought assistance for the problem.

An employee who participates in a drug or alcohol rehabilitation program must consent to the disclosure to the Company of all reports and evaluations made by the rehabilitation program, as well as the results of any drug or alcohol test administered to him. Such employee shall sign the waiver, consent and release forms required by the rehabilitation program for the release of said information to the Company. Should an employee refuse to sign such waiver, consent and release forms, he shall be discharged.

Before he will be permitted to return to work, he must complete the rehabilitation program satisfactorily, submit to a drug and/or alcohol test and be cleared for active employment by a doctor chosen by the Company.

4. Random Testing (effective January 1, 2008):

(a)  The company has the option to random test up to 4% of the total plant population per month.  A Union steward must be present when the names are pulled and a copy of the list must be given to the chief steward.    The Union and company agrees to keep these names in confidence, and only inform authorized company management as to insure the employee goes for the test.  If an employee is absent as per Article 44 or on a bonus day or FMLA, his name will be passed over for testing, but will be computed in the 4% for testing.   Prescription drugs do not need to be disclosed unless testing shows a positive result.

(b) The company will not have the authority to test if all the criteria in Section 5(a) are not met.

5. Drug: and Alcohol Screening:

(a)  Drug and/or alcohol testing will be required upon reasonable suspicion of use as defined below and without prior notice or if the employee is involved in a safety hazard or accident while at work.

(b) The term “reasonable suspicion” as used in this policy means generally the existence of a reasonable belief that the employee is using a prohibited drug or alcohol on the basis of specific, contemporaneous, physical, behavioral or performance indicators of probable drug or alcohol use.

(c)  Two supervisors shall substantiate and concur in the decision to perform a reasonable suspicion test on an employee.  The concurrence between the two supervisors may be by telephone.  After concurrence, if possible, a union steward will be notified and the Company’s intentions will be disclosed.  If a steward is not available the union president and/or chief steward will be notified.

(d) Any employee testing positive as a result of an OSHA recordable injury or accident or reasonable suspicion test will be subject to Section 8 of this policy.

(e)  Follow-Up Testing:  Following an employee’s participation in a drug or alcohol rehabilitation program or referral to treatment for problems associated with the use of alcohol and/or drugs and successful completion of return to duty testing, he or she will be subject to unscheduled follow-up testing.  Follow-up testing may continue for up to twenty-four (24) months.

6. Testing; Generally:

(a)  Drug and alcohol testing will be accomplished by urinalysis or blood tests.  Random testing, as described in Section 5 of this policy, will use urinalysis.  The procedure will be delegated to the testing agency or laboratory.

(b) Analysis of urine and/or blood will be performed by certified laboratories in accordance with applicable state and federal law using simple techniques for assuring accuracy, confidentiality, and chain of custody. The name and address of the laboratory performing such analysis will be supplied to an employee who has submitted a sample for testing, upon the request of that applicant or employee.

(c)  If an applicant or employee has tested positive on the first test, the laboratory will perform a confirming test on the same sample. If the second test proves negative, no record of the false positive will be retained, and the employee will continue his/her employment. Employees with confirming positive tests will be discharged.  An employee with a confirming positive test will be subject to section 8 of this policy.

(d) Employees who refuse to consent to testing will be discharged. This discipline will not be based upon any assumption about whether or not they used drugs or alcohol, but rather will be imposed for insubordination in refusing to be tested.

7. Positive Tests:

A positive test result from a drug or alcohol screening, corroborated by a confirmatory test, will result in the employee being required to enroll in and complete a designated drug and alcohol rehabilitation program as a condition of continued employment with the company.  Rehabilitation is offered only once per employee regardless of the triggering event; once exhausted any positive test result, for any reason, will result in the employee’s  discharge.

8. Negative Test Results:

If an employee tests negative after being required by the Company to participate in a drug and/or alcohol screening test, for suspicion, he shall be reimbursed for straight-time regularly scheduled hours missed between being sent for the test and the Company receiving the results, provided he was not impaired at the time he was asked to leave the work site to undergo the test..

9. Confidentiality:

GD-OTS Scranton Operations recognizes the need for confidentiality regarding drug and/or alcohol test results and participation in rehabilitation programs.  Information regarding same will be disclosed only to those management persons within the Company who have a reason to be so informed.

Appendix

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Appendix

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IN WITNESS WHEREOF, the parties hereto, have caused this Agreement between GD-OTS Scranton Operations and Local Lodge 847 of the IAM-AFL-CIO, to be signed by its officers and representatives on the eleventh day of February in the year 2016

By

GD-OTS Scranton Operations

Scranton Army Ammunition Plant

Scranton, Pennsylvania

_____________________________                        ____________________________

Jeff Brunozzi                                                                        Jeff O’Dell

Vice President & General Manager                              Dir. Human Resources

_____________________________                        ____________________________

Kevin Martin                                                                       Joe Chup

Human Resources Manager                                           Sr. Manager Facilities Engineering

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By

Lodge No. 847,

District I of the International Association of Machinists and Aerospace Workers

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_____________________        ___________________             ____________________

Joseph Leary                                   Mike Moran                                    Anthony Armideo

President                                          Chief Steward                                 Business Agent

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_____________________        ___________________             ____________________

Joseph Rebar                                   Eric Piechota                                   Kevin Hartman

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_____________________        ____________________

Mike Poch                                        Doug Stephens