10th Cir New Mexico (UGSOA) 2020-2023 -- FULLY EXECUTED.pdf

UGSOA IU LOCAL 172 CBA WITH PARAGON 2020 -2023 1

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

UNITED GOVERNMENT SECURITY OFFICERS OF

AMERICA, INTERNATIONAL UNION

AND

UNITED GOVERNMENT SECURITY OFFICERS OF

AMERICA LOCAL 172

AND

PARAGON SYSTEMS, INC

Date of Execution through August 31, 2023

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MISSION STATEMENT

COURT SECURITY OFFICER

• Ensure the safety of US Federal Courts, Protected Government facilities and their employees against unauthorized, illegal and potentially life-threatening activities.

• Cadres of qualified and highly skilled officers perform this mission.

CSO Goal & Vision

Goal

To conduct ourselves in a manner as to bring credit upon the Court Security Officer and Special Security Officer program and the United States Marshal Service at all times.

Vision

To be alert to all situations and events that take place and take necessary measures to prevent dangerous situations from happening.

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ARTICLE 1

GENERAL PROVISIONS

SECTION 1.1 PARTIES

This Agreement is entered into by and between Paragon Systems, Inc, hereinafter referred to as the “Company” or “Employer”, United Government Security Officers of America, International Union (UGSOA, IU), and UGSOA Local 172 (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative, of the bargaining unit for the purpose of collective bargaining as defined in the National Labor Relations Act. This Agreement shall be binding upon all parties, their successor’s and assigns.

In the event of the sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

Should there be any conflict between the Paragon Policies and Procedures and this Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the Contract between Paragon and the USMS, (“Government Contract”) and the Collective Bargaining Agreement, the Government Contract will control.

SECTION 1.2 BARGAINING UNIT

The unit is defined as all full-time and shared position Court Security Officers (CSOs), and Lead Court Security Officers (LCSOs) employed by the Company in the 10th Circuit consisting of UGSOA Local 172, in the Statewide District of the State of New Mexico excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

SECTION 1.3 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee composed of up to three members and one alternate selected by the Union to represent the Employees in collective bargaining negotiations.

SECTION 1.4 STEWARD SYSTEM

A. The Company agrees to recognize a steward system.

B. The Union agrees that Stewards and Union representatives will not conduct Union business while on duty. The Union agrees that Stewards and Union representatives will not conduct Union business with any Employee who is on duty unless the Employee is on an official unpaid break. It shall not be the intent of the Company to deny Union officials reasonable authorized access.

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C. If an Employee, who is the subject of the investigation, and could as a result of the investigation be disciplined, requests a Steward to be present during a disciplinary or investigatory process, the Company will allow the Steward to be present in non-paid status, provided the Employee returns within one (1) business day with such Steward.

Any such meeting requiring the presence of a Steward will be conducted at a time when the Steward is off duty or in unpaid status (unless the Company authorizes attendance otherwise) but the investigated Employee will be paid pursuant to the appropriate rates.

SECTION 1.5 UNION SECURITY

A. An Employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent of tendering the membership dues uniformly required as a condition of continued employment.

B. An Employee who is not a member of this Union at the time that this Agreement becomes effective, as a condition of continued employment, the employee shall, within ten (10) days after the 30th day following the effective date of this Agreement or date of hire either:

1. Become a member of the Union and remain a member or

2. Pay the Union a service fee. The service fee will not include any assessments, special or otherwise.

C. Before any termination of employment pursuant to this Section becomes effective the Union shall document that the employee involved is in arrears, and the employee involved has been given notice in writing by the Union to pay the prescribed initiation fee, delinquent dues, and/or Service Fees. If the employee fails to pay within 14 days, the Union shall notify the Company and provide proof of notice and the request for termination of delinquent employee. The Company shall notify the delinquent employee in writing of the pending termination if such fees or dues are not tendered within ten (10) days. If such fee or dues are tendered within ten (10) days after the employee receives this notification from the Company, his/her dismissal under here shall not be required. If such fee or dues are not tendered by the tenth (10th) day the employee shall be terminated immediately. Termination will not occur if there is an ongoing dispute between the effected Employee and the Union.

D. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law.

E. The Union, including its International, agrees to save and hold the Company harmless from any and all claims, actions, suits, damages, or costs, including any attorneys fees incurred by the Company, on account of any matter relating to the terms of this Article, UGSOA IU LOCAL 172 CBA WITH PARAGON 2020 -2023 5 including, but not limited to, any claims by any Employee(s) and compliance with the law.

SECTION 1.6 DUES CHECKOFF

A. The Company agrees to deduct dues as designated by the Union on a monthly basis from the first paycheck of the month of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. The Employee, upon written notice served upon the Company and the Union, may revoke such authorization as provided in the Employee Check-Off Authorization Card. It is understood that such deductions will be made only so long as the Company may legally do

so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues.

B. The Company will remit all such deductions to the designated Financial

Secretary/Treasurer within three (3) business days from the date that the deduction was made. The Union agrees to furnish the Company with the current routing number for direct deposit. The Company shall furnish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues with each remittance. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Company's attention.

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Union and the Company will put forth their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company, and that neither their representatives nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union.

SECTION 1.8 ANTI-DISCRIMINATION

Neither the Company nor the Union will discriminate against any Employee because of race, color, religion, sex, age, national origin, Military Veterans status, disability, sexual orientation or other protected reason. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

The Union agrees, on behalf of itself and all Employees covered by this Agreement, that the

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procedure in Article 3 will not be available to Employees who pursue a discrimination claim in another forum.

SECTION 1.9 LOCAL SPECIFIC ISSUES

Appendix B of this agreement contains additional provisions specific to this Local, such as:

Seniority, Seniority Lists, Personal Data, Transfer out of Unit, Probationary Employees, Termination of Seniority, Shared Time Employees, Layoff and Recall, Temporary Assignments, and Appointment of Lead CSOs.

ARTICLE 2

SECTION 2.1 MANAGEMENT’S RETAINED RIGHTS

Management of the business and direction of the security force are exclusively the right of management. These rights include but are not limited to the right to:

A. Hire;

B. Assign work and schedule;

C. Promote, Demote, Layoff, Transfer except as defined in this agreement;

D. Discharge, discipline, or suspend for just cause;

E. Make and enforce reasonable Employer rules and regulations;

F. Determine when overtime shall be worked;

G. Determine the qualifications of an Employee to perform work;

H. Determine the size and composition of the workforce; and I. Determine, direct or change work operations; and J. Sell, lease, shut down or otherwise dispose of its assets or business operations.

SECTION 2.2 MANDATORY BARGAINING

Changes to mandatory subjects of bargaining shall be negotiated in accordance with the NLRA.

SECTION 2.3

Any additional rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made. The Company’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

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ARTICLE 3

GRIEVANCE PROCEDURE

SECTION 3.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, or the challenge of any disciplinary action taken against a Union Employee.

SECTION 3.2 GENERAL PROVISIONS

A. The number of days outlined in Section 3.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term "days" shall not include Saturdays, Sundays or holidays when used in this Article.

B. Should the Company or the Union fail to respond to any step in this grievance process, in the times set forth, the grieving party will deem it as a denial and move the grievance to the next step, within the time limits set forth in that next step. Allowance by the Company for the Union to exceed the time limits in any given grievance at its discretion will not waive such time limits for any other grievance.

SECTION 3.3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures:

A. Step One – District Supervisor. The aggrieved party shall, not later than ten (10) days after the event giving rise to a grievable matter, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be physically signed by the aggrieved Employee (if an Employee-initiated grievance) or the Contract Manager or his designee (if a Company-initiated grievance), and shall be submitted to the party being grieved or designee. The responding party or designee shall have ten (10) days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved party and the union representative.

B. Step Two – Contract Manager. If the grievance is not settled in Step One, the grievance may be appealed in writing to the Contract Manager or his/her designee, not later than ten (10) days from the date of receipt of denial or response at Step One. The Company will have ten (10) days from the date the grievance was escalated to Step Two to return a decision, in writing, with a copy to the aggrieved party and the union representative.

C. Step Three – Labor Relations. If the grievance is not settled in Step Two, the grievance may be appealed in writing to the Vice President of Labor Relations or his/her designee

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by submitting the grievance record by email to grievances@parasys.com not later than ten (10) days from the date of receipt of denial or response at Step Two. The Company will have ten (10) days from the date the grievance was presented to return a decision, in writing, with a copy to the aggrieved party and the union representative.

D. Grievance for Discipline - Any grievance involving Suspension or Termination will automatically at Step Three of this procedure. The written grievance shall be presented to the Company's Vice President of Labor Relations or his/her designee within ten (10) days after the event giving rise to the grievable matter.

SECTION 3.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of this Article that remain unsettled may be processed to arbitration by the Union or the Company and the International Union written notice of its desire to proceed to arbitration not later than fifteen (15) days after the date of receipt of response of the grievance in Step Three. Grievances which have been processed in accordance with the requirements of Section 3.3 which remain unsettled shall be processed in accordance with the following procedures and limitations below. Unless the parties agree, only one grievance may be heard in a single hearing.

A. Selection of an Arbitrator - Within fifteen (15) days after the notification of intent to proceed to arbitration, the International Union or the Company will request the Federal Mediation Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. Within fifteen (15) days of receipt of the list an arbitrator will be selected by the parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

B. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.

C. Arbitration Expense - The arbitrator's fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

D. Time Limits – The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her and will normally be rendered within thirty

(30) days of the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties).

mailto:grievances@parasys.com

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E. Resolution of Grievances At any stage, the Company may settle any grievance by providing the relief requested in the grievance or the amount of relief available under this Agreement, whichever is less.

Unless agreed by both parties, any settlement is on a non-admission, non-precedent setting basis.

SECTION 3.5 GROUP GRIEVANCE

The Union shall have the right to file a group grievance or grievances involving more than one (1) Employee if filed in accordance with the requirements in this Article.

SECTION 3.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration except though the Union in accordance with the requirements in this Article.

ARTICLE 4

DISCIPLINARY ACTION

SECTION 4.1 JUST CAUSE

After completion of the probationary period, as specified in Section 2.4, no Employee shall be dismissed or suspended without just cause. Any disciplinary action shall be in writing.

SECTION 4.2 GOVERNMENT NOTICE

It is acknowledged that, pursuant to the Contract between the USMS and the Company, the USMS may instruct removal of a CSO under investigation for an alleged serious performance standard violation or criminal charge from performing under the Contract. The Company shall provide the Employee with a copy of any written notice regarding a removal provided by the USMS, subject to all applicable confidentiality and non-disclosure restrictions. Such Government-directed removal is not subject to the Grievance and Arbitration procedures of this agreement. Examples of this is when credentials are pulled or employee fails qualifications which cannot be rectified. An independent decision made by the Company to remove a CSO from performing under the Contract pending an investigation (i.e., such removal has not been directed by the USMS) shall not be exempt from the Grievance and Arbitration procedures of this Agreement.

SECTION 4.3 PERFORMANCE STANDARDS

The Company’s contract with the U.S. Government sets out performance standards for the CSOs in Section C of the Contract between the Company and the USMS and all Employees are required to

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comply with these standards. Failure to do so may lead to disciplinary action. These performance standards, the USMS Deadly Force Standards and the U.S. Title 18 Domestic Abuse and Violence policy will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any express non-disciplinary directive issued by the Government. Employees agree to cooperate with any Company investigation of a violation of the performance standards.

SECTION 4.4 PROGRESSIVE DISCIPLINE

The Company may discipline Employees and discharge those who fail to uphold U.S. Government or Company standards. It is recognized by the parties to this Agreement that progressive discipline (e.g., reprimands or warnings, followed by suspension, followed by termination) may be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progressive discipline is not applicable (e.g. fraud, gross misconduct, theft, etc.). Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving the USMS rights under the contract as referenced above.

The Employee may request, in writing, to the District Supervisor, that any disciplinary action not resulting in suspension may be considered for removal from the Employee’s file after six (6) months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

SECTION 4.5 PERSONAL ELECTRONICS

Unless expressly authorized by the U.S. Government or the Company, the use of or visible possession of personal cell phones, tablets, laptops, gaming devices, Bluetooth earpieces, headphones, or any other unauthorized electronic device on post is strictly forbidden. For the purpose of this section, “use or visible possession” includes any visible possession or engagement of the device on post, including making or receiving a call, checking email, checking texts, engaging or disengaging an alarm, charging of the device, and any other unauthorized use or visible possession whatsoever. Employees may wear “smart watches” provided they remain in airplane mode and are used only for checking time.

For violation of this section, a one (1) day suspension will be given on the first offense. On the second offense within any consecutive twelve (12) month period, a three (3) day suspension will be given. On the third offense within any consecutive twelve (12) month period, a five (5) day suspension will be given. On the fourth such offense within any consecutive twelve (12) month period, the employee will be terminated.

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An employee with a bona fide emergency need to have means of contact with family members while on duty (such as hospitalization of a family member) shall notify his or her supervisor of the circumstances to receive permission for discreet device monitoring on each day required.

SECTION 4.6 ATTENDANCE

Employees are required to report and be ready for work at their required times. It shall constitute an offense for an employee to be absent from work or late reporting to work without prior authorization, unless the employee uses available sick leave to account for the absence, in which case it shall not result in discipline except as set forth below. Sick time may not be used to excuse tardiness.

Employees shall provide as much advance notice as possible of an absence or tardiness. In no case shall such notice be given less than two (2) hours in advance, unless the Company finds mitigating circumstances rendered the event beyond the employee’s control.

Each unauthorized absence or late reporting for work will result in the following disciplinary progression, unless the Company determines, in its sole discretion, that mitigating circumstances rendered the event beyond the employee’s control.

With respect to the first unauthorized absence or tardiness within any consecutive twelve (12) month period, a verbal counseling will be given.

With respect to the second unauthorized absence or tardiness within any consecutive twelve (12) month period, a verbal reprimand will be given.

With respect to the third unauthorized absence or tardiness within any consecutive twelve (12) month period, a written reprimand will be given.

With respect to a fourth unauthorized absence or tardiness within any consecutive twelve (12) month period, a one (1) day suspension will be given, With respect to a fifth unauthorized absence or tardiness within any consecutive twelve (12) month period, a three (3) day suspension will be given, With respect to a sixth unauthorized absence or tardiness within any consecutive twelve (12) month period, a five (5) day suspension will be given.

With respect to a seventh unauthorized absence or tardiness within any consecutive twelve (12) month period, the employee will be terminated.

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ARTICLE 5

HOURS OF WORK AND OVERTIME

SECTION 5.1 WORKDAY AND WORKWEEK

For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shift shall be defined as the start and end times, of the employee’s work day. Shifts shall be designated at the discretion of the Company to fulfill the needs of the USMS. Per the National Labor Relations Act, changes in shifts must be negotiated with the Union prior to implementation of any such changes unless necessary to meet USMS coverage requirements. Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week.

SECTION 5.2 OVERTIME

An overtime rate of time and one-half (1 1/2) of an Employee's base rate of pay (exclusive of other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 5.3 OVERTIME REQUIREMENT

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the Employee shall be required to do the work, unless the Employee is excused by the Company for good cause. An employee who agrees, on short notice, to work outside of his or her regularly scheduled duty hours (e.g., held over, called in on day off, etc.) shall not have his or her schedule adjusted later in the workweek to prevent overtime, unless the employee consents. This shall not be interpreted to prevent the Employer from scheduling employees in advance in such a way as to prevent overtime

SECTION 5.4 OVERTIME DISTRIBUTION

Overtime will be offered by Seniority (within the worksite). Overtime will be distributed as equitably and fairly as practicable among Employees.

SECTION 5.5 REST PERIODS

There shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each eight and one half (8.5) hour shift. These rest periods require that the Employee be properly relieved before leaving their post. One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. Rest periods and lunch period may be combined to give a one hour lunch break at the Company's discretion, if approved by the USMS. On occasion, due to exceptional work requirements, Employees may have to work through their unpaid lunch breaks and/or paid rest periods, and, if so, they will be compensated at

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the appropriate rate of pay. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement.

ARTICLE 6

WORK SHIFTS AND PAYMENT POLICIES

SECTION 6.1 CALL-IN PAY

An Employee called in to work, when not previously scheduled, will be guaranteed a minimum of four (4) hours of work, or if four (4) hours of work is not available, will be paid for a minimum of four (4) hours time. Call in is defined as anytime a CSO is required to report for any business related function outside of scheduled assignments.

SECTION 6.2 WAGE SCHEDULE

The base rate of pay for Court Security Officers and Lead CSOs in all locations are described in Appendix A of this Agreement.

SECTION 6.3 PAYDAY

Payday for all hourly Employees will be the Thursday following the two (2) week pay period ending on Saturday, subject to change by mutual agreement. The Company will make direct deposit available. A statement will be provided listing individually hours worked or paid in each as well as corresponding amounts (i.e. shift differential, uniform allowance, range instructor, etc.)

SECTION 6.4 UNDISPUTED ERROR

Neither the Company nor the Employee will be allowed to go back more than twelve (12) months to audit, adjust, or correct undisputed errors involving vacation pay, sick / personal leave pay, or salary issues unless required to do so by order. If an error is found, the employee shall be notified in writing prior to any deductions from his/her paycheck.

In case of an undisputed error on the part of the Company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention. Any error, involving eight (8) hours of pay or more, will be corrected and paid within five (5) working days.

SECTION 6.6 COURTHOUSE CLOSURE

The Company recognizes the fact that there are times when inclement weather, a natural disaster, or any other planned or unplanned event may close a Courthouse or Government Building where its Employees are assigned. In the event that a closing occurs, Employees will be excused and may use personal leave, vacation leave or leave-without-pay.

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ARTICLE 7

HOLIDAYS

SECTION 7.1 HOLIDAYS DEFINED

Eligible employees shall receive holiday benefits as set forth in this Article and in Appendix A. Whenever the term "holiday" is used, it shall mean all holidays listed in Appendix A.

SECTION 7.2 MISCELLANEOUS HOLIDAY PROVISIONS

A. A full-time position Employee who is not required to work on a holiday shall be paid eight (8) hours at the straight time rate of pay set forth in Appendix A (“holiday pay”), excluding any shift premium for that holiday.

Any full-time position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight (8) hours holiday pay at the straight time rate as described in Section 7.2.A. above.

B. A shared position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee is eligible for pay during the two (2) week pay period prior to the period in which the holiday occurs.

Any shared position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition shall receive prorated holiday pay as described above in Section 7.2.C.

C. In the event that the Holiday falls on a weekend, the term "holiday" will refer to the day that the U.S. Government designates as the Holiday.

D. In order for an Employee to receive holiday pay, the Employee must have worked his scheduled shifts the day before and the day after the holiday, provided the day before and the day after a holiday is not the employee's regularly scheduled day off, or the employee was not on an approved paid leave day. If an employee calls in sick on their scheduled day before and/or their scheduled day after a specified paid holiday, they will be required to submit a Doctor’s note to receive payment of the holiday benefit.

ARTICLE 8

VACATIONS

SECTION 8.1 ELIGIBLE FULL-TIME EMPLOYEES

Full-time Employees as classified by the USMS contract shall be entitled to annual vacation based on their continuous years of service with the Employer (based on the Employee's anniversary date

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of employment) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

See Appendix “A” for vacation schedule.

SECTION 8.2 ELIGIBLE SHARED POSITION EMPLOYEES

A. Eligible shared position Employees shall be entitled to pro-rated vacation per the schedule contained in Section 8.1, based on their individual hourly rate, the number of hours paid in the previous year (i.e. 2080 divided by the number of hours paid in the previous year), and the Employee's anniversary date.

B. Any Employee who works a full anniversary year, in part as a full-time position

Employee and in part as a shared position Employee, shall receive prorated vacation benefits for that year as calculated in SECTION 8.2.A. (per the Service Contract Act).

SECTION 8.3 PAY OPTIONS

Earned vacation cash out may be requested at anytime by the employee (in blocks of forty (40) hours) and will be paid out within 30 days with a defined pay cycle and the cashed out vacation time will not be available for future leave. Earned vacation time that has been cashed out by action of a Contractor pursuant to a Service Contract Act change over will remain available as vacation leave without pay.

SECTION 8.4 UNUSED VACATION

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on the Employee's anniversary date of employment) shall be paid to the Employee in the payroll period following their SCA seniority date.

SECTION 8.5 TERMINATING EMPLOYEES

Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act.

(Example: An Employee who terminates one month into the next anniversary year is entitled to any of the previous year's earned accrued vacation not already used, and not to the additional month accrued in the new anniversary period.

SECTION 8.6 VACATION - LAID OFF EMPLOYEES

Length of service with the Company shall accrue for up to six (6) months for the purposes of vacation benefits while an Employee is laid off due to the lack of work. The time will only be considered eligible for use or payout once the Employee has passed their next anniversary date and the Employee has been recalled and has returned to work on the USMS contract.

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SECTION 8.7 VACATION INCREMENTS

Consistent with Company approval, efficiency, and economy of operations, Employees may by written request utilize their vacation benefit in increments no smaller than one (1) hour, subject to written approval. In the event that a CSO is required to replace a CSO utilizing such leave, increments of no less than four (4) hours may be requested and/or approved.

SECTION 8.8 VACATION SCHEDULING

A. Vacations, insofar as reasonably possible, shall be granted at the times most desired by the Employee, after the Employee’s anniversary date.

B. Employees will not be required to find a replacement to cover approved vacation requests.

C. If a vacation is denied, employees will receive the reason for the denial in writing.

D. Once approved, an approved vacation day may not withdraw by the member employee within seven (7) calendar days of the scheduled leave (i.e. the member will not be returned to the schedule if they do not cancel their vacation authorization more than seven (7) days prior to the first day of the leave).

E. Vacation schedules shall be posted.

F. If the Company requires an Employee to cancel a vacation after it is approved, the Company will pay the employee the mitigated expenses that the employee has actually incurred.

Mitigated expenses are those that have actually been paid to a third party (e.g. prepaid vacation expenses, such as airline tickets, cruise tickets, etc.) by the Employee prior to the Company canceling the Employee’s vacation and for which the employee has sought the maximum refund, credit, or other cost reduction possible. Proof of actual expenses incurred and efforts to mitigate expenses may be required.

ARTICLE 9

LEAVES OF ABSENCE

SECTION 9.1 MEDICAL LEAVE

A. The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein.

B. The Company agrees to honor the FMLA for all eligible Employees.

C. During medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Company. Upon the expiration of said leave, the Employee shall furnish the Company with a statement, signed by the doctor, which establishes the fitness of the Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave may be terminated from Employment.

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D. If the Employee files for medical leave on false pretext or works for another employer, while on medical leave, without pre-authorization from the Company, the Employee shall be terminated.

SECTION 9.2 UNION LEAVE

Union Delegates (up to a maximum of 3) will be granted an unpaid leave of absence for up to a maximum of seven (7) days per contract year upon written request with at least fifteen (15) days of advance notice for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staffing requirements permit. The Company shall respond, in writing, within five (5) days to the Employee’s written request. More time will be granted upon mutual agreement between the Company and the Union.

SECTION 9.3 PROCESSING UNPAID LEAVES OF ABSENCE

The Company will consider requests for unpaid leaves of absence and may grant them at its sole discretion. An unpaid leave of absence must be processed in the following manner:

A. At least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified personal emergencies, all requests for unpaid leaves of absence shall be submitted in writing to the District Supervisor or the Lead CSO if there is no site Supervisor on site, who shall pass on the request to the Contract Manager or designee, and include:

a. The reasons for such leave;

b. The effective dates of such leave;

c. The estimated date of return to work.

The Contract Manager must give the final approval for the leave of absence.

B. The Company will respond to the request, in writing, within five (5) working days.

C. Extensions of the leave of absence may be granted at the sole discretion of the Company, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days.

D. Any Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay. Note “unpaid status” does not include regular scheduled days off, vacation or personal leave.

SECTION 9.4 GENERAL PROVISIONS

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Union Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement.

ARTICLE 10

HEALTH, WELFARE AND UNIFORM ALLOWANCES

SECTION 10.1 H & W PAYMENTS

For the term of this agreement, the Company and the Union agree that the Company will make a contribution of all H&W monies to a Health and Welfare Benefit Program (HWBP) on behalf of each Employee covered by this Agreement to a compliant program.

H&W contributions shall be set by the CBA between the parties and will be paid on all hours paid up to a maximum of 2080 hours per year.

All H&W monies earned by each employee will be placed in an HWBP account under their name and shall be immediately 100% vested in the employee. The Union agrees that the Company or the Union may use all needed Employee information available to the Company or the Union in the normal course of business to set up these accounts. All Employees will be enrolled into the program. There is no waiver option.

Any Employee who does not allocate or direct the funds in the plan will have the funds placed into the default 401K fund as deemed by the Plan Trustee.

The Plan will comply will all applicable laws. The Plan should offer various benefits, such as those outlined below, which will be selected by each individual participant as they see fit, if available; all participants are encouraged to actively monitor and revise their benefit selections as they individually deem appropriate and will be afforded the opportunity to do so. The parties have discussed their plan preferences, and the Union wishes to make known its desire that the Plan should contain the following features, available for selection by all employees, if the Company can make these available:

1. 401K plan with a minimum of 10 different investment selections.

2. Supplemental medical, dental and vision plans

3. Long term and Short term disability-available subject to participation

4. Health Reimbursement Account

5. Parking and Commuter Reimbursement Account

The Company will:

1. Ensure all Employees are automatically enrolled in the plan within 2 pay periods from date of hire.

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2. Ensure all H&W earned by the Employee is sent to the plan administrator within 3 business days of the pay day for which the money is earned and recorded on appropriate payroll records along with a corresponding hour report.

3. Ensure each Employee receives the information to facilitate the allocation of their funds as they choose once a year during annual open enrollment.

The Union and the Company agree to the following:

1. If an employee fails to make an election, the employee shall be deemed to have selected participation in the 401(k) Plan.

2. The plan will continue for the term of the CBA and all future CBA’s unless specifically negotiated.

SECTION 10.2 OTHER BENEFITS

The Company will offer Employees the opportunity to participate in other available Employee-paid fringe benefit programs made available to all Court Security Officers employed by the Company.

These programs may include cafeteria plans, payroll deduction plans, retirement plans, insurance plans, 401 (k) plans, and any other plan mentioned in this Agreement. The Company has the right to share needed Employee information with the administrators of such plans.

SECTION 10.3 UNIFORM MAINTENANCE

The Company will pay the Employee an allowance for each hour worked, up to 40 hours per week, for uniform maintenance as described in Appendix A. Parties hereby agree that the uniform allowance due to employees for the care and maintenance of uniforms is provided through wage concessions set forth in the wages in this Appendix A. The Company will provide foul weather gear for each Employee as is authorized and funded by the USMS for each Employee or in exchange of both Blazers, distribution every three years. The Company shall issue uniforms by December 31st and uniforms shall be gender-proper and properly fitting.

ARTICLE 11

MISCELLANEOUS PROVISIONS

SECTION 11.1 BULLETIN BOARDS

The Company will make its best effort to obtain a space from the U.S. Government for Union to locate a Union-provided bulletin board that will be used by the Union for posting notices of meetings, elections, appointments, recreational and social affairs, and other Union notices. The provision of these facilities is the prerogative of the U.S. Government, who owns and controls all worksite facilities. Notices or other postings may not disparage the client or the company and its management nor contain obscene or inappropriate language.

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SECTION 11.2 PHYSICAL EXAMINATIONS

A. The Company shall pay for any physical/medical examinations and medical follow-up exams that are required by the Employer and/or the USMS. The Employer has the right to choose the physician who will perform the physical exam and will provide the employee with an opportunity to receive a copy upon request of all documentation derived from such exam and confirmation notices of delivery of documentation to the

USMS.

B. Employees must pass the physical exam prescribed by the Company’s contract with the

USMS or be on Deferred status pending clarification in order to be employed and to maintain employment.

C. The Company will pay for the actual time spent for the Employee to take required physical exams and medical follow-ups. If the time for any exam that is required and arranged by the Employer takes more than four (4) hours due to unforeseen delay or wait times at the doctor’s office that is not within the Employee’s control, Employee will call or email (not text) the District Supervisor or his/her designee to inform the Employer and request approval for additional time compensable under this section, which request will not be unreasonably denied. Any time in excess of two (2) hours spent on a follow-up visit arranged by the Employee, will be paid at the FLSA minimum wage rate or the State minimum wage rate, whichever is higher.

D. The Company will reimburse the employee for all out of pocket or billed expenses within fifteen (15) days of the submission of a completed reimbursement request with supporting mitigating expense documentation and receipts for services rendered.

SECTION 11.3 TRAVEL EXPENSES

The Company may provide advance payments for Company authorized and approved travel expenses if requested by an Employee, for lengthy travel assignments at least five (5) days in advance. Any workday that includes travel and totals over twelve (12) hours may require the Employee to stay overnight, and the appropriate per diem will be paid. All hours in travel up to a maximum of eight (8) per day will be counted as work hours, with the appropriate overtime wages provided for under this Agreement. Employees will be reimbursed for all authorized expenditures of any authorized travel within fifteen (15) days from the day the Company receives the properly completed travel voucher and all required receipts.

SECTION 11.4 BREAK ROOMS

The Company will make its best effort to obtain from the U.S. Government break rooms for CSOs for breaks and lunch, without management using the room as an office, and will make its best effort to have the U.S. Government equip the room with water. The providing of these facilities is the prerogative of the U.S. Government.

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SECTION 11.5 LOCKERS

The Company will make its best effort to obtain lockers from the U.S. Government for the use of the CSOs, the lockers will remain the property of the USMS, and will not be defaced. The Company agrees to make its best effort to support any Union request for separate Locker/Changing facilities.

The providing of these facilities is the prerogative of the U.S. Government.

SECTION 11.6 UNION BUSINESS

Neither Union officials nor Union members shall, during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances as described in this Agreement.

ARTICLE 12

SAFETY

SECTION 12.1 SAFETY POLICY

It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement, all worksites and facilities are the property of the U.S. Government, who is responsible for the condition and safety of the worksite. The Company agrees to permit one

(1) bargaining unit member selected by the Union to participate in any locally scheduled safety meetings, if permitted by the government.

SECTION 12.2 OSHA STANDARDS

The Company will report, to the appropriate party, any safety violations observed or reported to the Company in any U.S. Government-provided CSO workstations and break rooms.

ARTICLE 13

CONTINUITY OF OPERATIONS

SECTION 13.1 NO LOCKOUTS

During the life of this Agreement, the Company shall not lockout any Employees covered in this Agreement.

SECTION 13.2 NO STRIKES

A. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s security operations. Therefore, so long as this

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Agreement is in effect, the Union and the Company agree that there will be no strikes, lockouts, work stoppages, picket lines, slowdowns, or secondary boycotts during the term of this Agreement.

B. Upon hearing of an unauthorized strike, slowdown, stoppage of work, planned inefficiency, or any curtailment of work or restriction or interference with the operation of the Company, the Union shall take affirmative action to avert or bring such activity to prompt termination.

SECTION 13.3 GOVERNMENT SUPREMACY

The parties recognize that they are providing Court security services to the United States Marshals Service and that those services are directed by the United States Marshals Service. In the event that a Government directive necessitates a deviation from the obligations or procedures contained in this Agreement, the parties will confer with regard to the effects, if any, of the deviation necessitated by the Government directive with the goal of resolving the deviation. Ultimately, any directive provided by a USMS authorized official (i.e. the Contracting Officer) or office (i.e. Chief, Office of Court Security) supersedes any provision of this Agreement.

ARTICLE 14

SEPARABILITY OF CONTRACT

In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or through Government regulations or decree, such parties hereto agree to renegotiate such provision or provisions of this Agreement for the purpose of making them conform to the Government decree or statutes, so long as they shall remain legally effective. It is the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

ARTICLE 15

ENTIRE AGREEMENT

The parties acknowledge that during the negotiation which resulted in the Agreement, each party was afforded the unlimited right and opportunity to make demands and proposals with respect to any matter not removed by law from the area of collective bargaining, and all understand that agreements reached by the parties are set forth in this Agreement. Therefore, the Company and the Union shall not be obligated to bargain collectively on any matter pertaining to conditions of employment, including, but not limited to, rates of pay, wages, hours of work, disciplinary actions, training requirements, etc., during the term of this Agreement, except as specifically provided for in other provisions of this Agreement.

ARTICLE 16

TERMmTION OF AGREE脚 /

Should either party desire to teminate this Agreeme調or any provision thereof; it shall give written notice to the other party ofnot less than sixty (60) days狐d not more than one hundred and eighty

( 180) days prior to the expiration_血the event s耽h notice is given。飾磨eXisting Ågreeme調may be

COn血ued by mut脚l conse鵬Ofbo瓜parties u鵬il a new Agreeme鵬is聡ached. This Agreement may also be changed or amended by agreement ofboth parties.

ARTICLE 17

DURAT脚

This Agreement shall be e鱒ective on the date when則.1y executed t血ough August 31, 2023 and

SuPerSedes any and all prior agreements or understandings between the parties, IN WITNESS WHEREOF, the parties have caused也eir representat主ves to s王gn this Agreeme鵬as full acImowledgmeI虹oftheir intention to be bound by the Agreement and Appendixes A and B.

FOR: United Government Security…