10th CIRCUIT KS (WICHITA- UGSOA 70) 2022-2024.pdf

2022 CBA Final - JCM

Collective Bargaining Agreement

Between

Paragon Systems, Inc.

And

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA,

INTERNATIONAL UNION

AND

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA

LOCAL 070

Circuit: 10th Circuit

District: Wichita

TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS

ARTICLE 2 UNION SENIORITY

ARTICLE 3 JOB OPPORTUNITIES

ARTICLE 4 GOVERNMENT RIGHTS 5

ARTICLE 5 GOVERNMENT CREDENTIALS REQUIRED

ARTICLE 6 NON-DISCRIMINATION

ARTICLE 7 MANAGEMENTS RIGHTS

ARTICLE 8 DISCIPLINE

ARTICLE 9 GRIEVANCE

ARTICLE 10 ARBITRATION PROCEDURE

ARTICLE 11 COMPENSATION ANDFRINGE BENEFITS

ARTICLE 12 HOURS OF WORK AND OVERTIME

ARTICLE 13 WORK SHIFTS AND PAYMENT POLICIES

ARTICLE 14 VACATIONS

ARTICLE 15 UNPAID LEAVES OF ABSENCE

ARTICLE 16 MISCELLANEOUS PROVISIONS

ARTICLE 17 CONTINUITY OF OPERATIONS

ARTICLE 18 SEPARABILITY OF·CONTRACT

ARTICLE 19 ENTIRE AGREEMENT

ARTICLE 20 TERMINATION OF AGREEMENT

ARTICLE 21 DURATION OF AGREEMENT

ADDENDUM

ARTICLE 1 GENERAL PROVISIONS

SECTION 1.1 Parties

This Agreement is made and entered into by and between Paragon Systems, Inc., hereinafter referred to as the

"Company" or "Employer," and United Government Security Officers of America, International Union (UGSOA, IU), and UGSOA Local 070, hereinafter referred to as the "Union". This Agreement shall be binding upon the parties, their successors and assigns.

SECTION 1.2 Bargaining Unit

The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining for all Court Security Officers (CSO's) and Lead Court Security Officers (LCSO's). The bargaining unit does not include office clerical employees, professional employees and management employees as defined by the National Labor Relations Act.

"Management", as used in this Agreement, refers to District Supervisors, Contract Managers and Corporate representatives.

SECTION 1.3 Negotiating Committee

The Company agrees to recognize a Union Negotiating Committee composed of the President, and any other Union member appointed or elected to the Negotiating Committee. Alternates may be selected by the Union President to represent the Employees in collective bargaining negotiations. The Union will provide the names of individuals to the Company prior to the negotiations.

SECTION 1.4 Steward System

1. The Company agrees to recognize a steward system should the Union decide to implement such a system.

2. The Union shall appoint at least one steward per jobsite and shall periodically notify the Company of steward appointments should the Union decide to implement such a system.

3. The Union agrees that the Union representatives and aggrieved employees will work at their regular jobs at all times, except when they are relieved by management to attend to the grievance procedure as outlined in this Agreement.

4. At an Employee's request, the Company will call for a Union representative prior to taking any disciplinary action. The supervisor, at the request of the employee, will release the Union representative as soon as possible.

If no Union representative is available, the employee may proceed without a representative, or reschedule the discussion. The Company will not be responsible to pay for any time the Union representative spends on the

Union's behalf.

SECTION 1.5 Union Security

1. 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.

2. The Union agrees to save and hold the Employer harmless from any all claims, actions, suits, damages, or costs, including attorney's fees incurred by the Employer, on account of any matter relating to the terms of this Article, including, but not limited to, any claims by any Employee(s) and compliance with the law.

ARTICLE 2 UNION SENIORITY

SECTION 2.1 Union Seniority Defined

Union seniority shall be the length of continuous service from the Employee's initial date of hire as a full or share lime CSO or LCSO, including any member assigned to The Courts, US Probation Offices, and US Attorney's Offices for the Employer, past or present and/or any predecessor Employer. Seniority shall not accrue until the Employee has successfully completed the probationary period. Seniority shall be applicable in determining the filling of vacancies, order of layoff and recall, shift bidding, vacation schedules, holidays, extra work, overtime and other matters as provided for in this Agreement.

For the purposes of vacation time calculations, seniority shall accrue from the date of hire as a CSO and LCSO with the Employer, past or present and/or any predecessor Employer. Any employee who is granted an approved leave of absence will retain all seniority rights.

SECTION 2.2 Seniority Lists and Conflicts

The Company shall maintain a seniority list based on Section 2.1. In the event that two or more employees have the same seniority date, seniority conflicts shall be resolved by a game of chance to be conducted on an as-needed basis.

SECTION 2.3 Personal Data

Employees shall notify the Company in writing, on the Company provided form, of their proper mailing address, telephone number and email address, or of any change of name, address, telephone number, or email address. The

Company shall be entitled to rely upon the last known address in the Company's official records. The Company shall be entitled to use employee information available to the company in the normal course of business.

SECTION 2.4 Probationary Employees

Probationary employees will be considered probationary for a period of ninety (90) days after the successful completion of all mandatory training up to and including Phase 2 training by the USMS. The Union will still represent probationary employees for problems concerning wages, hours and working conditions, but the Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of probationary employees without recourse to the grievance procedure contained in this Agreement. Probationary employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The probationary period can be extended by the Company.

SECTION 2.5 Termination of Seniority

The seniority of an employee shall be terminated for any of the following reasons:

a. the employee quits or retires;

b. the employee is discharged;

c. a settlement with the employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

d. the employee is laid off for a continuous period of twelve (12) months;

e. the U.S. Government revokes the employee's credentials as a CSO;

f. the employee is permanently transferred out of the bargaining unit.

SECTION 2.6 Temporary Transfer out of Bargaining Unit

A bargaining unit employee who is temporarily promoted by the Company to a non-bargaining position will not lose his/her seniority for a period up to ninety (90) days while in that position. The period of time may be extended by mutual agreement of the Union and the Company.

ARTICLE 3 JOB OPPORTUNITIES

SECTION 3.1 Filling Vacancies

If a vacancy occurs in a regular position covered by this Agreement or a new position is added, and the Company chooses to fill the position, the job will be posted for a period of three (3) working days (excluding Saturdays, Sundays, and holidays) within the worksite.

When a vacancy is posted, the Company will fill the position with the most qualified senior employee who has applied for the position in writing. Any additional transfers resulting from filling the initial vacancy will be completed within this same three (3) calendar day window, without the requirement to post any additional three (3) day notices. In addition, any schedule (i.e., reporting time) changes resulting from filling a vacancy will be completed within this same three (3) calendar day window, without the requirement to post any additional three (3) day notices. Once the aforementioned three (3) calendar day period has closed, any remaining vacancy will be filled at the Employer’s discretion. This Article does not apply to Lead Court Security Officer vacancies.

Bumping is not permitted.

SECTION 3.2 Shared Position Employees

The Company is obligated under its contract with the USMS, to fill a designated number of shared positions in order to provide full staffing level coverage, increase security levels as needed and avoid unnecessary overtime. A shared position employee may be scheduled to work more than a part time schedule, as necessary, at the Company's discretion. The Company will give the shared position employee the maximum possible notice for the schedule changes. Failure to report to work when so scheduled or called to work may result in disciplinary action.

Shared Time benefits will be earned on a pro-rated basis on the number of hours worked in the previous year. Shared position employees shall sign the Shared Officer Agreement form.

SECTION 3.3 Layoff and Recall

In the event of layoff or recall, when full-time or shared positions are being reduced, probationary employees will be laid off first.

Should it be necessary to further reduce the work force, employees will be retained on the basis of seniority within the District. The Company will notify the Union in writing, of required reduction. The Union will respond, in writing, within three (3) business days (excluding Saturday, Sunday and Holidays) with the name or names of the least senior employee or employees. Recall of employees will be accomplished by recalling the last laid-off employee first, and so on.

SECTION 3.4 Temporary Assignments

In the interest of maintaining continuous operations, the Employer may temporarily assign an employee to a vacant or new position until the job is filled in accordance with this Agreement, or assign an employee to a position that is part of a temporary security assignment directed by the USMS, including temporarily assigning an employee to a work site within or outside of the area defined by this Agreement.

To the extent feasible, the assignment shall be a voluntary selection based on seniority and qualifications. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to employees regularly assigned to the site to which they are being transferred, or their hourly wage they receive at their regular site under this agreement whichever is greater. In addition, Employees will be paid milage to and from the temporary assignment at the GSA current rates for milage and their hourly wage for time spent in travel in excess of their normal commute to their regular site, and if the assignment is more than fifty (50) miles one way from their regular site the employee will be provided a per diem allowance in accordance with the GSA current rates for the defines area (no per diem will be provided for non-overnight travel). Should the travel be to a location more than one hundred (100) miles one way from their regular site the employee will be reimbursed accommodation expense up to the GSA published lodging limits for the area.

SECTION 3.5 Appointment of LCSOs

The U.S. Government, in its contract with the Company creates specific guidelines for the job duties and qualifications of Lead CSOs. Based on these guidelines, all appointments of Lead CSOs will be made on the basis of suitability as evaluated by the Company. Suitability shall include an employee's skills, experience, past performance, capabilities and the needs of the operation. If, in the Company's determination, employees are equally qualified, seniority will prevail. Lead CSOs will not perform supervisory duties as described by the

National Labor Relations Act.

ARTICLE 4 GOVERNMENT RIGHTS

The Company and its employees are providing a service to the United States Marshals Service (USMS), which bears responsibility and authority for providing security to federal judicial facilities. Therefore, express written or verbal instructions of the USMS must be complied with and shall supersede all provisions of this Agreement.

Such instructions and any claimed violation of this Agreement which results from those instructions, are not subject to the grievance or arbitration procedure.

ARTICLE 5 GOVERNMENT CREDENTIALS REQUIRED

Employment as a CSO or LCSO requires, as a condition of employment, that the employee maintain a current, valid driver's license issued by his or her state of residence. Employees must be qualified to receive a Special

Deputation as a Court Security Officer by the USMS. Employees who fail to qualify or maintain their qualifications will be considered to have resigned voluntarily.

ARTICLE 6 NON-DISCRIMINATION

There shall be no discrimination against any employees within the collective bargaining unit covered by this agreement (including, for the purpose of this antidiscrimination provision of the agreement, probationary employees) by reason of race, color, religion, sex, national origin, disability, age or any other characteristic protected by any Federal, State, City, County, municipal or other local statute, law, regulation, rule or ordinance, including, but not limited to, claims made pursuant to Title VII of the Civil Rights Act, Sections 1981 through

1988 of Title 42 of the United States Code; the Americans with Disabilities Act, the Age Discrimination in

Employment Act of 1967 ( herein collectively referred to as statutory claims). There shall also be no retaliation against those employees covered by this article for pursuing their rights, statutory and contractual, under this

Article.

The Union agrees, on behalf of itself and all the employees covered by this Agreement, that the sole and exclusive forum for the adjudication of all such claims under this Article, statutory and contractual, and the sole and exclusive remedy shall be the grievance and arbitration procedures detailed in Articles 9 & 10 of this Agreement, unless the claim asserted is a challenge to an action taken by the Company pursuant to Article 4 of this Agreement.

ARTICLE 7 MANAGEMENT'S RIGHTS

SECTION 7.1 Enumerated Rights

The Company reserves all rights which it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be a source of potential controversy, these rights being:

a. Hire;

b. Assign work and schedule;

c. Promote, Demote;

d. Discharge, discipline, or suspend;

e. Determine the size and composition of the workforce, including the number of, if any, employees assigned to any particular shift and the number of full-time and share-time employees;

f. Make and enforce work rules not inconsistent with the express provisions of this agreement;

g. Require employees to observe reasonable Company rules and regulations;

h. Determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted;

i. Determine the qualifications of an employee to perform work;

j. The right to determine, direct, and change the work operations and work force of the Company;

k. The right to ensure adherence to performance standards, the type of services to be rendered, and the manner in which such services are to be performed;

I. The right to determine the type and quantity of machines, equipment, and supplies to be used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or handled by the Company;

m. The right to sell, lease, shut down, or otherwise dispose of all or part of the Company's assets or business operations;

n. The right to introduce changes in the methods of operations, job or facilities, including the right to automate, totally or partially, any or all of its business operations, even though this operates to eliminate unit jobs;

o. The right to establish job descriptions and classifications and to require employees covered by this

Agreement to perform any job or task deemed necessary by the Company, as long as it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it;

p. The right to hire, promote, transfer, and lay off employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, promoted, transferred, or laid off;

q. The right to schedule all work and hours of work, to determine the need for and amount of overtime, and to assign or require employees to work overtime.

SECTION 7.2 Retained Rights

Any 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.

ARTICLE 8 DISCIPLINE

SECTION 8.1 Just Cause

No employee, after completion of his or her probationary period, shall be disciplined or terminated without just cause. It is agreed by the parties that in instances when the employee is removed from working under the

USMS Contract by the USMS, or when the employee's authority to work as a CSO under the USMS Contract is otherwise denied or terminated by the USMS, or the employee no longer satisfies the USMS's qualifications for his or her position, the employee may be terminated without recourse to the procedures under this Agreement and the Company shall be held harmless from any lawsuits resulting by the employee.

SECTION 8.2 Progressive Discipline

The Company recognizes the principals of progressive discipline. Accordingly, the Company will consider utilizing progressive steps (e.g., reprimands or warnings, followed by suspension, followed by termination), as it deems appropriate considering the circumstances. Therefore, nothing herein shall require the Company to begin the disciplinary process at any particular level, and that the

Company's right to determine that immediate termination is appropriate in certain situations is therefore not limited by this provision.

SECTION 8.3 Personal Electronics

Unless expressly authorized by the 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.

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.

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 8.4 Absenteeism

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 four (4) 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

ARTICLE 9 GRIEVANCE

SECTION 9.1 Intent

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of a material provision of this Agreement, except as limited by Articles 2, 3, 4 and 5.

SECTION 9.2 General Provisions

The number of days outlined in Section 9.3 for the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. When used in this Article, the term

"days" shall mean working days, not including Saturdays, Sundays, legal holidays, or days when the local worksite or corporate office of the Company are closed.

Should the Company fail to comply with the time limits at any step of the grievance procedure, the Union may deem such failure to respond as a denial of the grievance and move the process to the next step in accordance to the provisions of Article 9. The Company shall not be required to arbitrate untimely grievances or grievances not processed in accordance with the time deadlines set forth in the procedure, unless the Company affirmatively waives untimeliness as a defense in writing. Timeliness will be decided by a Court having jurisdiction unless the Company agrees to submit the issue to an arbitrator.

SECTION 9.3 Grievance Procedure

All grievances shall be presented and processed in accordance with the following procedures. A grievance must specifically identify the provision(s) of the Agreement claimed to have been violated and must include the specific facts supporting the grievance. The grievance and any subsequent proceedings shall be limited to the identified violations and provisions.

1. Informal Step

The party representatives at the location where the grievance arose shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Union agree that the aggrieved employee will first discuss the complaint with the immediate supervisor (not in the bargaining unit), within five (5) working days of the incident or action being grieved, to start the informal procedure. If the informal procedure is not invoked within five (5) working days of employee's knowledge of a grievable issue, then it is agreed by both parties that no further action can be taken.

2. Local Step

If the matter is not resolved at the informal step, the Union shall, not later than ten (10) days after the informal discussion with the immediate supervisor, set forth the facts in writing on an agreed form, specifying the specific

Article(s) and paragraph(s) allegedly violated and the nature of the alleged violation. This form shall be signed by the Union representative and the employee, and shall be submitted to the Contract Manager or his designee with a copy to the Company's HR Director. The Contract Manager 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 employee and the

Union representative. If the Contract Manager or designee denies the grievance or does not respond within ten

(10) days, the Union may timely advance the grievance to the next step.

3. Corporate Step

If the grievance is not settled at the Local Step, the grievance may be appealed in writing to the Company's HR

Director or his/her designee not later than fifteen (15) days from the denial by the Contract Manager or designee or the expiration of the ten (10) day response period. The HR Director or designee will have fifteen days from the date the grievance was presented to return a decision, in writing, with a copy to the aggrieved employee and the Union representative. If the HR Director or designee denies the grievance or does not respond within fifteen (15) days, the Union may timely advance the grievance to the next step (arbitration).

SECTION 9.4 Grievance for Discipline

Any grievance involving discharge or other discipline may be commenced at the Corporate Step of this procedure.

The written grievance shall be presented to the Company's HR Director or his/her designee within fifteen (15) days after the occurrence of the facts giving rise to the grievance.

SECTION 9.5 Class Action

The Union shall have the right to file a group grievance (class action) involving more than one (1) employee at the Informal Step of the grievance· procedure.

SECTION 9.6 Individual Grievance

No individual may move a grievance to arbitration.

SECTION 9.7 Bilateral Right

Grievances may be raised by either the Union or the Company. The Company is required to address a grievance directly with the Union's designated representative one time before advancing an unresolved grievance to Arbitration under Article 10. When the Company files a grievance under this provision, the

Company will be bound by the time limits listed in Article 9 Step 3 Corporate Step and any Company

Grievance that is untimely will be considered to be settled.

ARTICLE 10 ARBITRATION PROCEDURE

SECTION 10.1 Arbitration

Grievances processed in accordance with the requirements of Section 9.3 that remain unsettled may be processed to arbitration by the Union. The Union will give the Company's HR Director written notice of its desire to proceed to arbitration not later than fifteen (15) days after rejection of the grievance at the Corporate

Step or expiration of the fifteen-day (15) response period. Grievances which have been processed in accordance with the requirements of Section 9.3 which remain unsettled shall be processed in accordance with the following procedures and limitations. If there is a dispute over whether a grievance is arbitral, such issue may be resolved by any court of competent jurisdiction. Unless both parties agree, only 1 grievance may be heard in any arbitration proceeding.

SECTION 10.2 Selection of an Arbitrator

Within sixty (60) days providing written notice of its desire to proceed to arbitration, the Union will request that the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one name remains, and this individual shall be the arbitrator to hear the grievance.

SECTION 10.3 Decision of the Arbitrator

The arbitrator shall commence the hearing at the earliest possible date. Hearings shall be scheduled such that they will be completed in one continuous session, unless the hearing exceeds five (5) days, or unless mutually agreed by the parties. Any witnesses, excluding the grievant, not located within commuting distance of the hearing may testify by telephone.

The decision of the arbitrator will normally be rendered within ninety (90) days of the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties) and 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. Any award of back pay may not commence more than ten (10) days prior to the date of the written grievance. The burden of proving back pay is with the grievant and is limited to the amount of wages the employee would have otherwise earned, less any unemployment compensation, interim employment earnings or other appropriate off- sets. In the case of a discharge, the grievant must demonstrate he or she exercised reasonable diligence to find other employment in order to recover back pay.

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. The arbitrator shall not have the power to order any remedial relief not contained in the agreement, including but not limited to "front'' pay and reinstatement where the employee has been removed by the government or is no longer qualified. The arbitrator may not alter or change wage rates or benefits.

The arbitrator's decision must include findings of fact and the legal basis for the decision.

SECTION 10.4 Arbitration Expense

The arbitrator's fees and expenses, including any travel expenses and the cost of any hearing room, shall be borne equally between the Company and the aggrieved Employee. In the event that the arbitrator rules partially in favor of the Union and partially in favor of the Company, these costs will be shared equally between the Company and the Employee.

SECTION 10.5 Parties' Expenses

Regardless of the arbitrator's decision, each party will bear its own legal fees and costs. Each party is responsible for all other expenses it incurs, including the compensation costs and travel expenses of any witnesses whose attendance said party requires at arbitration. Any payment to witnesses for work time missed to testify is to be paid by the party calling such witness. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses. If both parties desire a transcript, the cost shall be split

SECTION 10.6 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 the Agreement, whichever is less. Unless agreed by the parties, any settlement is on a no admission, non-precedent setting basis.

ARTICLE 11 COMPENSATION AND FRINGE BENEFITS

Agreed compensation rates, fringe benefit entitlements and options, and associated policies and procedures are described in the attached Compensation and Fringe Benefit Addendum.

ARTICLE 12 HOURS OF WORK AND OVERTIME

SECTION 12.1 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. Shifts shall be designated at the discretion of the Employer to fulfill the needs of the USMS.

Nothing contained herein shall guarantee to any employee any number of hours of work per day or week.

SECTION 12.2 Overtime

An overtime rate of time and one-half (1.5) of an employee's regular rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 12.3 Overtime Requirement

If directed to work overtime or extra hours, the employee shall be required to do the work, unless the employee is excused by the Company for good cause.

SECTION 12.4 Overtime Distribution

Overtime will be distributed on a voluntary basis with the most senior employee being offered first on a rotating schedule among employees. The parties recognize that lack of notice or needs of the business may in certain cases, preclude, as a practical matter, the even distribution of all overtime assignments. The Company will not have liability for failing to do so as long it makes a reasonable effort to distribute overtime evenly among employees. Any employee, who believes he/she has been deprived of equitable distribution of overtime in violation of this section, must first bring it to the attention of Company management and afford the Company the opportunity to give an overtime assignment, in which case, there is no violation of this section.

Extra work is defined as work paid for by an agency or entity other than the USMS.

SECTION 12.6 Rest Periods and Meal Periods

There shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each 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. 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 the appropriate rate of pay or dismissed earlier, at the Company’s option. Any CSO failing to report a missed lunch period or break period within 48 hours will not be paid for that time unless the missed break/meal period can be verified by the Company.

ARTICLE 13 WORK SHIFTS AND PAYMENT POLICIES

SECTION 13.1 Payday

Payday for all hourly employees will be after 11 a.m. on Friday following the two week pay period ending on Saturday, subject to change by mutual agreement. CSOs will be paid by direct deposit, except where precluded by applicable law.

SECTION 13.2 Undisputed Error

Neither the Company nor the employee will be allowed to go back more than one year to audit, adjust, or correct undisputed errors involving vacation pay, sick/PTO leave pay, or compensation.

In case of an undisputed error on the part of the company as to an employee's pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention, and verified and confirmed by the Company.

SECTION 13.3 LCSO Rates

If additional LCSOs are added to the contract any time after this Agreement goes into effect, they will be paid the

LCSO wage. In the case where there are multiple LCSO wages, the additional LCSO will be paid at the lowest

LCSO wage for the site or location where they are assigned.

SECTION 13.4 Courthouse Closure

The Employer 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 PTO leave, vacation leave or leave- without-pay.

SECTION 13.5 CALL IN PAY

An employee, not previously scheduled, called into work 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.

ARTICLE 14 VACATIONS

SECTION 14.1 Eligible Full-Time Employees

Full-time employees will be entitled to annual vacation based on their continuous years of service with the Employer, past or present and/or any predecessor Employer (based on the employee's anniversary date of employment) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

[See Addendum for details]

SECTION 14.2 Eligible Shared Position Employees

Shared Time benefits will be earned on a pro-rated basis on the number of hours worked in the previous year.

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 the Addendum (per the

Service Contract Act).

[See Addendum for details]

SECTION 14.3 Scheduling Vacations

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

All vacation approvals will be contingent upon the operational needs of the site.

SECTION 14.4 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.

Health and Welfare and other hour1y benefits will not be paid on these vacation cash outs.

SECTION 14.5 Pay in Lieu of Vacation Leave

At any time during the year, employees may request in writing providing 30-day notice to be paid for earned vacation pay in lieu of taking actual vacation leave. Health and Welfare and other hourly benefits will not be paid on these vacation cash outs.

SECTION 14.6 Terminating Employees

Upon termination of employment, employees will be paid at their hour1y rate vacation time earned as of their last anniversary date, but not used, as entitled under 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, but not entitled to the additional month of vacation accrued in the new anniversary period). Health and

Welfare and other hourly benefits shall not be paid on these vacation cash-outs.

SECTION 14.7 Laid off Employees

Length of service with the Employer shall accrue for the purposes of vacation benefits while an employee is on laid-off status for up to one (1) year. Employees shall only accrue vacation benefits when they are working.

SECTION 14.8 Vacation Increments

Consistent with Employer approval, efficiency, and economy of operations, employees may utilize vacation benefits in segments of less than one (1) week each, but not less than one (1) hour increment.

ARTICLE 15 LEAVES OF ABSENCE

SECTION 15.1 Holidays: [See Addendum for details]

SECTION 15.2 Paid Time Off: [See Addendum for details)

SECTION 15.3 Unpaid Leave Limitations

Unpaid leaves of absence may be granted at the sole discretion of the Employer without loss of seniority to the employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Employer.

Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits for any unpaid leave of absence over 30 days. The Employer will make every reasonable effort to maintain an employee's position while on a non-statutory unpaid leave of absence which does not exceed 30 days. Unpaid leaves of absence may be taken only with written approval of the Employer, and will not exceed 30 days unless required by law or granted by the Company.

SECTION 15.4 Medical Leave

The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein. The Company agrees to make a reasonable effort to accommodate an employee's need for extended medical leave, even if the site does not qualify for FMLA under the provisions of the law. Such leaves will not exceed 30 days, unless required by law or granted by the company.

During medical leave, the employee shall be required to furnish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave, the employee shall furnish the Employer 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 shall be terminated from Employment.

If the employee files for medical leave on false pretext or works for another employer without pre-authorization from the company, the employee will be removed from the CSO program and from employment with the Employer.

The Company will cash out all Employees' available accrued paid leave upon approval of any FMLA leave.

SECTION 15.5 Military Leave

An employee of the Company who is activated, drafted, or voluntarily enters service into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave.

SECTION 15.6 Union Leave

The Union Delegates (up to a maximum of 3) will be granted an unpaid leave of absence for up to a maximum of five (5) calendar days per contract year upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staffing requirements permit. The Union delegate(s) shall submit his/her request in writing to the Supervisor (not in the bargaining unit) as soon as practicable. The

Company shall respond, in writing, within five (5) days.

SECTION 15.7 Processing Unpaid Leaves of Absence

The Employer 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: ·

All requests for unpaid leaves of absence shall be submitted in writing to the District Supervisor at least ten

(10) days prior to the date the leave will take effect, except in cases of verified personal emergencies, and include:

1. The reasons for such leave;

2. The effective dates of such leave;

3. The estimated date of return to work.

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

4. The written request for leave of absence shall be submitted to the Contract Manager by the District

Supervisor for final approval. If the request for the leave of absence is approved by the Contract Manager, a copy of the approved leave of absence will be given to the employee involved.

5. Extensions of the leave of absence may be granted at the sole discretion of the Employer, upon written request by the employee within ten (1O) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days.

SECTION 15.8 General Provisions

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

ARTICLE 16 MISCELLANEOUS PROVISIONS

SECTION16.1 Bulletin Boards

The Employer will make a reasonable effort to obtain a space from the U.S. Government for the 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.

SECTION 16.2 Physical Examinations

The Employer shall pay for any physical/medical examination, and additional testing, that is required by the

Employer and/or the U.S. Government. The Employer has the right to choose the physician who will perform the physical/medical exam and pre- approve any expenses.

Employees must pass the physical exam prescribed by the Employer's contract with the U.S. Government in order to be employed and to maintain employment.

SECTION 16.3 Travel Expenses

The Company will provide reimbursement payments for Company authorized and approved travel expenses for any

TDY assignment over fifty (50) miles from their assigned duty station. Any work day that includes travel and totals over twelve (12) hours may require the employee to stay overnight, and the appropriate per diem amount and lodging expense to be paid. All hours in travel up to a maximum of eight (8) per day will be counted as work hours.

Employees will be reimbursed for all authorized expenditures of any authorized travel within twenty (20) days from the day the Employer receives the properly completed travel voucher and all required receipts.

SECTION 16.4 Break Rooms

The Employer will make a reasonable effort to obtain from the U.S. Government break rooms for CSOs for breaks and lunch, without management using the room as an office. The providing of these facilities is the prerogative of the U.S. Government.

SECTION 16.5 Lockers

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

SECTION 16.6 Union Business Prohibited On Duty

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 or business other than the handling of grievances as described in this Agreement.

SECTION 16.7 Safety Policy

It is the policy of the Company to make all reasonable 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.

SECTION 16.8 OSHA Standards

The Company will report to the client any safety issues observed or reported to the Company in any U.S.

Government-provided CSO workstations and break rooms which pose a threat to the safety and health of employees and involves a condition under the control of the client.

ARTICLE 17 CONTINUITY OF OPERATIONS

SECTION 17.1 No Strikes

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 Agreement is in effect, the Union and the Company agree that there will be no strikes, lockouts, work stoppages, picket lines, hand-billing related to any employment dispute or directed at the client, slowdowns, or secondary boycotts during the term of this Agreement.

Upon notice of an unauthorized strike, slowdown, stoppage of work, planned inefficiency, or any curtailment of work or restriction or interference with the operation of the Employer, the Union shall take affirmative action and use all reasonable efforts to avert or bring such activity to prompt termination, including but not limited to directing the employee(s) involved to cease such activities. Conduct in violation of this article is prohibited and is cause for immediate discharge.

SECTION 17.2 No Lockouts

During the life of this Agreement, the Employer shall not lockout any employees covered in this Agreement.

8/10/2022

8/26/2022 jwilson Stamp

COMPENSATION AND FRINGE BENEFITS ADDENDUM

WHEREAS, Company and the Union entered into an Agreement effective August 25, 2019.

WHEREAS, the Union has been duly designated as the bargaining unit representative for the Court Security

Officers and Lead Court Security Officers assigned to the following location:

Circuit: 10th Circuit

District: Wichita

WHEREAS, the aforementioned Agreement provides for the Company and the Union to negotiate compensation and fringe benefits for each facility covered therein and to enter into an Addendum setting forth those economic terms, NOW THEREFORE, it is hereby agreed as follows:

WAGES

Note that all pay rate changes will become effective on the first day of a pay cycle after the contract year starts.

No pay rate changes will take place during a pay cycle.

The Company agrees to pay employees covered by this agreement at the following rates per hour:

Current Effective Effective

10/1/2022 10/1/2023

CSO 24.49 25.79 26.82

LCSO 25.98 27.36 28.45

HEALTH AND WELFARE BENEFIT PLAN HEALTH

& WELFARE CONTRIBUTIONS

For all hours paid, not to exceed forty (40) hours in any one (1) week or 2080 hours in one (1) year, the Company agrees to make Health and Welfare contributions as follows:

Current Effective Effective

10/1/2022 10/1/2023

LCSO&CSO 4.62 4.82 4.92

HEALTH AND WELFARE 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 the Health and Welfare Benefit Program (HWBP) on behalf of each employee covered by this agreement beginning upon the effective date of this agreement.

The collective plan shall be referred to as the HWBP for the purposes of this agreement. 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 40 hours per week and 2080 hours per year.

All H&W amounts earned by each employee will be placed in an HWBP account under their name and shall be

100% vested in the employee. The Union agrees that the Company may use all needed employee information available to the Company 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 with all applicable laws. The Plan will offer various benefits which shall be selected by each individual participant as they see fit; 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 will meet and negotiate the rates to be effective each subsequent October 1 at least 60 days in advance of such effective dates.

UNIFORM ALLOWANCE

Current: $0.08 for all regular hour worked up to 40 per week.

Effective 10/1/2022 this transitions to the Wage Table…