jl,

opeiu3, afl-cio

Table of Contents

Article Number                   Title                                                                                   Page       

                                      Preamble                                                                2

Article  1                          Recognition                                                            2

Article  2                          Union Security                                                        2

Article  3                          Payroll Deduction of Union Dues                               3

Article  4                          Responsible Union-Company Relationship                  5

Article  5                          Performance of Bargaining Unit Work                        5

Article  6                          Federal and State Laws                                            6

Article  7                          Non-discrimination                                                  6

Article  8                          No Strike/No Lock-out                                             6

Article  9                          Right of Employees to Union Representation              7

Article 10                         Grievance and Arbitration Procedure                         7

Article 11                         Discharges, Suspensions and Demotions for Cause     9

Article 12                         Union Representatives                                             9

Article 13                         Absences                                                                10

Article 14                         Wages                                                                    12

Article 15                         Holidays                                                                 13

Article 16                         Premium Payments                                                 14

Article 17                         Vacations                                                               15

Article 18                         Travel Time, Conditions and Expenses                       15

Article 19                         Seniority, Layoff and Recall to Work                          17

Article 20                         Training                                                                 19

Article 21                         Health and Safety                                                    19

Article 22                         Teknon 401(k) Salary Deferral Plan                           20

Article 23                         Group Insurance                                                     20

Article 24                         Amendments                                                          21

Article 25                         Miscellaneous                                                          21

Article 26                         Duration of Agreement                                            22

Appendix A                      Job Classifications, Minimum Start Rates and              23

                                      Minimum Annual Base Wage Increases  

Appendix B                      Memorandums of Agreement                                  

                                      Teknon Drug and Alcohol Policy                               24

                                      Teknon FMLA Policy                                                          27      Teknon Tool Policy                                                                       32

                                      Jurisdiction of Work                                                 34

                                      Application for Membership                                     35

Preamble

This Agreement made and entered into on June 11^th, 2007 by and between the Communications Workers of America and Teknon Corporation modifies all previous agreements.

The term "Company" as hereinafter used shall mean Teknon Corporation. The term " Union " as hereinafter used, shall mean the Communications Workers of America and Local Union 7818, AFL-CIO, CLC. The term "Employee" as hereinafter used, shall mean the person or persons performing work under the terms of this Agreement.

Article 1

Recognition

1.1.             The Company hereby recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment, benefits and other conditions of employment for all its employees at all job sites in the states of California and Washington as one bargaining unit, but excluding those exempted by the Labor-Management Relations Act of 1947, as amended.

1.2.             It is understood and agreed that when the Company elects to assign, temporarily, members of the bargaining unit to perform work at other job sites and/or in other states not specifically listed in Section 1 above, they shall continue to be covered under the terms and conditions of this Agreement.

1.3.             The Company agrees not to sell or assign its business without expressly providing in the contract of sale or assignment, that the purchaser or assignee shall be bound by all terms, conditions and contractual rights of the employees covered under this collective bargaining agreement.

Article 2

Union Security

2.1.             It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing. Those who are not members of the Union on the effective date of this Agreement shall, not later than the thirtieth (30th) day following the effective date of this Agreement shall, as a condition of employment, become and remain members in good standing in the Union . Those employees covered by this Agreement and hired on or after its effective date, shall, not later than the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Union .

2.2.             This Article shall apply only in those states where the law permits the Union to enter into this type of Union Security agreement. If, during the term of this Agreement, the Union shall become duly authorized under the laws of any other state to enter into this type of Union Security agreement, the effective date of this Article as to the employees in such state, shall be the date upon which the Company receives proper written evidence from the Union that it is fully qualified to enter into such an agreement in such state.

Article 3

Payroll Deduction of Union Dues and Initiation Fees

3.1.             The Company agrees to make weekly payroll deductions of Union dues and initiation fees or the equivalent thereof when authorized to do so by the employee on a form as set forth below in an amount as certified to the Company by the Secretary-Treasurer of Local 7818 of the Union any amounts so deducted.

3.1.1.          The Company agrees that, upon the receipt of an individual Payroll Deduction Authorization approved by the Company and signed by an employee covered by this Agreement, it will deduct weekly dues specified in such request and forward the full amount thus deducted quarterly to the Secretary-Treasurer of Local 7818 of the Union or his/her authorized agent as directed. The request may be revoked by the employee at any time upon his/her written request to the Company and such request should be directed to the appropriate Company representative. The Secretary-Treasurer of Local 7818 of the Union can also revoke the dues authorization of any employee upon the Secretary-Treasurer’s request to the Company’s appropriate representative.

3.1.2.          In general, dues deductions will be made in designated pay periods in the current month for properly executed dues deduction authorizations received by the appropriate Company representative on or before the 25^th day of the month of the preceding month. However, the Company assumes no responsibility either to the employee or to the Union for any failure to make or for any errors made in making such deductions, but will make such efforts as it deems appropriate in correcting any such errors or omissions.

3.2.             The Company will furnish to each employee a member information packet prepared and supplied by the Union which will include a copy of this Agreement, a payroll deduction authorization form, the addresses and can-be-reached numbers of the designated Union representatives and other relevant information.

3.2.1.          Additionally, any employee new to the work site or newly hired will be introduced to the Local Union representative (if any) employed at that work site. The Union Representative designated by the Local Union will be notified of all new hires within two (2) weeks of hire and shall be given time with the new employee(s) to present Union materials and respond to questions. Such time shall not ordinarily exceed one (1) hour. Travel and presentation time by the Local Union Representative will be at Union expense.

3.3.             The Company will, each month, furnish the Secretary-Treasurer of Local 7818 of the Union a list of any new hires, those members recalled to work and those members who are on “lack of work” status or who have either terminated their employment or terminated their dues deduction authorizations. All such information shall include the name, social security number and work site location of the affected bargaining unit member.

3.4.             An employee’s authorization shall be automatically canceled upon termination of employment. An employee's authorization shall be suspended upon leave of absence in excess of thirty (30) calendar days. The employee’s authorization shall be reinstated after a return from a leave of absence.

3.5.             Any change in the amount of monthly Union dues will be certified to the

Company by the Secretary-Treasurer of Local 7818 of the Union . A certification, which changes the amount of dues, shall become effective the first day of the fiscal month following the date the Company receives such certification.

3.6.             The Union agrees to indemnify and hold harmless the Company from all actions taken in good faith by the Company with respect to deductions under this Article.

3.6.1           The Company will provide a list of employees who have completed their 60 day probationary period.

Article 4

Responsible Union - Company Relationship

4.1.             The Company and the Union recognize that it is in the best interest of both parties, the employees and the public that all dealings between them continue to be characterized by mutual responsibility and respect. To ensure that this relationship continues and improves, the Company and the Union and their respective representatives at all levels will apply the terms of this contract fairly in accord with its intent and meaning and consistent with the Union’s status as the exclusive bargaining representative of all employees covered by this Contract. Each party shall bring to the attention of all employees in the units covered by this contract, including new hires, their purpose to conduct themselves in a spirit of responsibility and respect and of the measures they have agreed upon to ensure adherence to this purpose.

Article 5

Performance of Bargaining Unit Work

5.1.             The Company agrees that Company personnel who are not included in the bargaining unit will not do work assigned to employees within the bargaining unit. In case of emergencies, Teknon management employees may perform technical duties until such emergency has ended. Teknon will give prior notification to the Union of emergency situations.

Article 6

Federal and State Laws

6.1.             In the event any Federal or State law conflicts with the provisions of this Agreement, the provision or provisions so affected shall no longer be operative or binding upon the parties, but the remaining portion(s) of the Agreement shall continue in full force and effect.

Article 7

Non-discrimination

7.1.             There shall be no discrimination by the Employer against any employee on account of Union membership of lack thereof. There shall be no discrimination by the Employer or the Union because of race, color, creed, sex, age, religion, national origin, sexual orientation, or physical or mental disabilities as required by federal, state and local law. Any claim by any employee that he or she has been discriminated against in violation of this Section or in violation of federal, state or local law shall be subject to the grievance and arbitration procedures contained herein. Administration of this Section shall conform to applicable state and/or federal laws.

7.2.             It is mutually agreed that neither party shall interfere with, restrain, coerce or otherwise discriminate against any employee in their right to join or assist, or refrain from joining or assisting, the Union .

7.3.             The Company shall not interfere with, restrain, coerce, intimidate or otherwise discriminate against any employee because of membership or lawful activity in advancing the interests or purposes of the Union .

Article 8

No Strike/No Lockout

8.1.             The Union agrees that during the term of this Agreement neither the Union , nor its Agents or members will authorize, instigate, aid, condone or engage in a work stoppage, slow-down or strike. The Company agrees that during this same period there shall be no lock-outs. The Company further agrees that no employee covered by this Agreement shall be required to cross a picket line in the course of their employment.

Article 9

Right of Employees to Union Representation

9.1.             Any Union employee is entitled to have Union representation in any discussion between the employee and representatives of the Company in which the employee has reasonable grounds to fear that the interview will adversely affect his or her continued employment or their working conditions.

Article 10

Grievance and Arbitration Procedure

10.1.           The Company and the Union recognize and confirm that the grievance and arbitration procedures set forth in this Article provide the mutually agreed upon and exclusive forums for resolution and settlement of employee disputes during the term of this Agreement. A grievance is a complaint involving any and all questions, disputes or grievances as to rates of pay, wages, hours of employment and other terms and conditions of employment, or a complaint that an employee has been treated unfairly. Neither the Company nor the Union will attempt by means other than this agreed upon procedure to bring about the resolution of any issue which is properly a subject for disposition through such procedures. It shall be the objective of both the Company and the Union to settle the grievance promptly and at the lowest step of the grievance procedure.

10.2.           The grievance procedure shall consist of 2 steps:

Step 1:

a.       Shall involve the steward and designated Company representative. No grievance shall be considered unless it is filed within twenty (20) working days of the action giving rise to the grievance. The Company recognizes the right of the Union to investigate the circumstances surrounding any grievance and agrees to cooperate with the Union in such investigations.

b.       A meeting to discuss the grievance shall be held promptly, but not later than ten (10) working days after receipt by the Company of the grievance between the steward and Teknon District Manager (or designated representative) for that purpose. The decision of grieved party shall be confirmed in writing within ten (10) working days of the meeting. 

Step 2:

a.       Should the steward and immediate supervisor fail to reach a satisfactory adjustment of the matter, either party may appeal that decision to Step 2.  Notice of the appeal shall be in writing not later than ten (10) working days after the Step 1 decision.

b.       A meeting to discuss the grievance shall be held promptly, but not later than ten (10) working days after the notice of appeal. The decision of the grieved party shall be confirmed in writing within ten (10) working days of the Step 2 meeting.

10.3.           Arbitration.   Any grievance not adjusted between the Employer and the Union as provided in Section 1. of this Article shall, upon written request of either party, be referred for determination to an Arbitrator selected by agreement of the parties. In the event  that the parties are unable to select an Arbitrator who is mutually acceptable within thirty (30) calendar days after the written notice to arbitrate has been given, the Arbitrator shall be selected by the parties from a panel of arbitrators furnished by the Director of the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA), at the request of either of the parties.

10.4.           Each party to this Agreement shall bear the expenses of preparing and presenting  its own case. The fees and expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties hereto.

10.5.           The decision of the Arbitrator shall be final and binding upon both parties.

10.6.           The time limits provided for in Sections 1., 2. or 3. of this Article may be extended or waived by mutual agreement of the parties in writing.

10.7.           The provisions for arbitration shall apply only to controversies brought by the parties regarding the true intent and meaning of any provisions of this Agreement. The arbitrator shall have no authority to change, add to or subtract from the Agreement. The arbitrator shall not decide on any subject not specifically treated in this Agreement.

Article 11

Discharges, Suspensions and Demotions

11.1.           In the event any employee is discharged, suspended or demoted for just cause, the Local Union shall be notified in writing of such action. A written claim that the discharge, suspension or demotion was without “just cause” must be filed by the Union within twenty (20) working days.

11.2.           If an employee with less than one hundred and eighty (180) days of service is discharged, suspended or demoted, the Union ’s claim that the action was without just cause shall be subject to the grievance procedure of this Agreement only as defined in Article 10.2. If the employee has one hundred and eighty (180) days or more of service, the Union’s claim shall be subject to the grievance and arbitration procedures of this Agreement as defined in Article 10.2 and 10.3.

Article 12

Union Representatives

12.1.           Employees designated by the Union as representatives of the Union will be granted the necessary time off to carry out the business of the Union . Such time off shall be without pay but shall be considered as time worked for the purpose of determining seniority, wage increases and other benefits.

12.2.           When the employee designated by the Union is meeting with the Company on grievance(s) or disputes as a Union Representative or steward, the employee shall be paid by the Company at his or her regular rate of pay.

12.3.           Union bulletin boards shall be placed, without charge for rental space, in type, number and location, with due regard to visibility and accessibility to the employees, as mutually agreed to between the appropriate Union and Company representative(s).

12.4.           The Union will provide Teknon, in writing, the name(s) of certified Union representatives in represented Districts. Such notification will be directed to the Teknon Human Resources Director with a copy mailed to the District Manager within twenty (20) working days of the appointment.

12.5            Certified union stewards and representatives will be considered top in seniority when layoffs are being administrated.  The union stewards would then be laid off according to their seniority.  (if everyone was laid off except for one person, that one person would be the union steward, this is referred to as super seniority.)

Article 13

Absences

13.1.           Military/Reserve Duty.   Any employee ordered to military duty shall be granted a leave of absence, without pay, for such period of time as may be required for such duty. Upon his or her return from such service, if he or she is eligible for re-employment under the terms of the Universal Military and Selective Service Act, the employee shall be credited for all purposes for all time spent in such military service. If such leave is for a period exceeding two (2) months, the employee’s current vacation shall be prorated, with credit for any portion of the current vacation year during which the employee was on the Employer’s active payroll. For all other purposes under this Agreement, the employee’s period of service with the armed forces shall be included in determining their seniority as required by law.

13.1.1.        Any employee who is a member of a military reserve component and has a mandatory training obligation shall be granted a maximum of fifteen (15) days leave each calendar year when ordered to short tours of duty for such purpose.

13.2.           Death in Immediate Family.  At the time of death of an immediate family member, a three (3) day paid leave will be granted provided the employee submits appropriate documentation (e.g. Death certificate or obituary). For the purpose of this Section, immediate family shall mean:  spouse, (step) father (in-law), (step) mother (in-law), (step) son or (step) daughter, (step) brother or (step) sister, grand parents and legal guardian(s).

13.2.1.        A one (1) day paid leave provided the employee submits appropriate documentation (e.g. Death certificate or obituary) will be granted for the employee to attend the funeral and/or other related services for other blood relatives.

13.3.           Jury and Witness Duty Pay.   An employee who has completed one (1) year of continuous service and who fails to work his or her regularly scheduled hours because of jury duty shall receive eight (8) hours of pay at their regular basic straight time rate, less any jury fees that they receive. The employee must give at least forty eight (48) hours notice to be eligible for Jury Duty Pay. Payment is limited to a maximum of five (5) days in any week and ten (10) days in any calendar year.

13.3.1.        To be eligible for payment, the employee must submit a written statement

from the appropriate public official listing the dates served and the amount of fees received.

13.3.2.        An employee who is subpoenaed to appear in court will be paid for fifty

percent (50%) of the employee’s times off the job up to a maximum of two (2) days per calendar year. To be eligible for payment, the employee must submit a written statement from an appropriate public official showing the dates the employee appeared.

13.4.           Sick Leave.   Regular full time employees will accrue one-half day (4 hours) of paid sick leave for each calendar month worked after the sixty (60) day probationary period, up to a maximum of ten (10) days. Employees must have worked at least one half (1/2) of the calendar month in order to earn sick leave for that month. Unused sick leave may only be used in the event of personal illness except where other use is permitted by law. Sick leave is not to be taken as "days off". The after effects from the use of illegal drugs and/or alcohol are not to be considered as "sick". The Company reserves the right to require written certification as to the bona fide nature of an illness or injury from an attending physician and/or a release from the physician to return to work. The determination of the validity of "sick" lies with site management.

13.4.1.        Any employee sick either the work day prior to and/or following a designated