10th Circuit - Paragon USCSO final_ Executed.pdf

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 1 of 31

COLLECTIVE BARGAINING AGREEMENT

between

PARAGON SYSTEMS, INC.

and the

UNITED STATES COURT SECURITY OFFICERS

(USCSO)

10th FEDERAL CIRCUIT

August 15, 2022 - September 30, 2025

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 2

PREAMBLE

THIS AGREEMENT is made and entered into on upon ratification and full execution by all parties by and between Paragon Systems, Inc. and its successors, hereinafter referred to as the “Employer" or "Company," and the UNITED STATES COURT SECURITY OFFICERS UNION (USCSO) hereinafter referred to as the "Union". All provisions of this Agreement shall be effective August

15, 2022 through September 30, 2025.

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Table of Contents

PREAMBLE 2

ARTICLE 1 - GENERAL PROVISIONS 6

SECTION 1.1 - Bargaining Unit 6

SECTION 1.2 - Negotiating Committee 6

SECTION 1.3 - Steward System 6

SECTION 1.4 - Steward Authority 7

SECTION 1.5 - Bulletin Board 7

SECTION 1.6 - Union Security and Membership (Except in Right to Work States) 7

SECTION 1.7 - Dues Checkoff 8

ARTICLE 2 - SENIORITY 8

SECTION 2.1 - Unit Seniority 8

SECTION 2.2 - Loss of Seniority 8

SECTION 2.3 - Seniority Lists 9

SECTION 2.4 - Member Information 9

SECTION 2.5 - Promotion 9

SECTION 2.6 - Filling Vacancies 9

SECTION 2.7 - Transfer Out of Unit 10

SECTION 2.8 - Probationary Employees 10

SECTION 2.9 - Termination of Seniority 10

ARTICLE 3 - GOVERNMENT SUPREMACY 11

ARTICLE 4 - GOVERNMENT CREDENTIALS REQUIRED 11

ARTICLE 5 - NON-DISCRIMINATION 11

ARTICLE 6 - MANAGEMENT'S RIGHTS 11

SECTION 6.1 - Enumerated Rights 11

SECTION 6.2 - Retained Rights 13

ARTICLE 7 - DISCIPLINE 13

SECTION 7.1 - Just Cause 13

SECTION 7.2 - Serious Offenses 13

SECTION 7.3 - Progressive Discipline 14

SECTION 7.4 - Absenteeism 14

SECTION 7.5 - Open Post 14

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SECTION 7.6 - Personal Electronics 15

ARTICLE 8 - GRIEVANCE AND ARBITRATION PROCEDURE 15

SECTION 8.1 - Grievances 15

SECTION 8.2 - Arbitration 17

SECTION 8.3 - Individual Grievances 18

ARTICLE 9 - COMPENSATION AND FRINGE BENEFITS 18

ARTICLE 10 - HOURS OF WORK AND OVERTIME 18

SECTION 10.1 - Workday and Workweek 18

SECTION 10.2 - Overtime 18

SECTION 10.3 - Overtime Requirement 18

SECTION 10.4 - Overtime Distribution 18

SECTION 10.5 - Call in Pay 19

SECTION 10.6 - Timekeeping Policy 19

SECTION 10.7 - Rest Periods and Meal Periods 19

SECTION 10.8 - Shift Differential 19

ARTICLE 11 - WORK SHIFTS AND PAYMENT POLICIES 19

SECTION 11.1 - Payday 19

SECTION 11.2 - Undisputed Error 20

SECTION 11.3 - Courthouse Closure 20

ARTICLE 12 - LEAVES OF ABSENCE 20

SECTION 12.1 - Limitations 20

SECTION 12.2 - Vacation for Eligible Full-Time Employees 20

SECTION 12.3 - Vacation for Eligible Shared-Time Employees 21

SECTION 12.4 - Scheduling Vacation 21

SECTION 12.5 - Unused Vacation 21

SECTION 12.6 - Pay in Lieu of Vacation Leave 21

SECTION 12.7 - Vacation and Termination 21

SECTION 12.8 - Vacation Increments 22

SECTION 12.9 - Sick/Personal Leave with Pay 22

SECTION 12.10 - Medical Leave 23

SECTION 12.11 - Military Leave 23

SECTION 12.12 - Union Leave 23

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SECTION 12.13 - Unpaid Leaves of Absence 23

ARTICLE 13 - HOLIDAYS 24

SECTION 13.1 - Holidays Defined 24

SECTION 13.2 - Miscellaneous Holiday Provisions 24

SECTION 13.3 - Holiday Pay Calculations 25

ARTICLE 14 - HEALTH AND WELFARE 25

ARTICLE 15 - MISCELLANEOUS PROVISIONS 26

SECTION 15.1 - Physical Examinations 26

SECTION 15.2 - Travel Expenses 26

SECTION 15.3 - Break Rooms 27

SECTION 15.4 - Lockers 27

SECTION 15.5 - Union Business Prohibited On Duty 27

SECTION 15.6 - Safety Policy 27

SECTION 15.7 - Bereavement Policy 27

SECTION 15.8 - Jury Duty 28

SECTION 15.9 - Uniform Maintenance 28

SECTION 15.10 - Uniforms 28

SECTION 15.11 - Lead Rates 28

SECTION 15.12 - OSHA Standards 28

ARTICLE 16 - CONTINUITY OF OPERATIONS 28

SECTION 16.1 - No Strikes 28

SECTION 16.2 - No Lockouts 29

ARTICLE 17 - SEPARABILITY OF CONTRACT 29

ARTICLE 18 - ENTIRE AGREEMENT 29

ARTICLE 19 - TERMINATION OF AGREEMENT 29

ARTICLE 20 - DURATION OF AGREEMENT 29

ARTICLE 21 - REOPENER 30

ARTICLE 22 - RATIFICATION 30

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ARTICLE 1 - GENERAL PROVISIONS

SECTION 1.1 - Bargaining Unit

The bargaining unit(s) is defined as all full-time and share-time federal Court Security Officers

(CSOs), Lead Court Security Officers (LCSOs), Senior Lead Court Security Officers (SLCSOs), Special Security Officers (SSOs), Lead Special Security Officers (LSSOs), and Senior Lead Special

Security Officers (SLSSOs) employed by the Company at the following location(s) in the 10th

Circuit:

All of the following shall be defined as one collective bargaining unit for the purposes of this contract: Denver, Colorado Springs, Durango and Grand Junction, Colorado; Tulsa, Muskogee, Okmulgee, McAlister, Lawton and Oklahoma City, Oklahoma; and Salt Lake City, Utah. All other employees including office clerical employees and professional employees as defined in the

National Labor Relations Act are excluded from this bargaining unit.

The Company agrees to Union as the sole and exclusive bargaining representative of all employees in the above-defined bargaining unit for the purposes of collective bargaining as defined by the

National Labor Relations Act.

This agreement shall be binding upon all parties, their successors and assigns. In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement. Non-bargaining unit employees shall not perform bargaining unit employees’ work.

SECTION 1.2 - Negotiating Committee

The Company agrees to recognize a Negotiating Committee composed of up to one member from each unit (VP) and up to three Union Officers selected by the Union to represent the Employees in collective bargaining negotiations. Alternates may be selected by the Union President to represent the Employees in collective bargaining negotiations. The Company will allow all time off for the committee to negotiate.

SECTION 1.3 - Steward System

The Company agrees to recognize a steward system. The Union President or its designee shall designate up to two Stewards per shift, with one alternate steward if the steward is not available for each facility. The Union shall notify the Employer in writing of the selection of the Steward and the alternate within thirty (30) days of such selections. Stewards shall perform no work related to their duty as stewards while either they or employees who are involved in any incident they are responding to or addressing are on duty, and stewards shall not be paid by the Employer for performing any Union work.

At an Employee’s request, the Company will call for a union representative prior to any discussion with an employee, whether in person, telephonically, via e-mail or other electronic communication, or by any other means, that may reasonably be expected to lead to disciplinary action. The supervisor, at the request of the Employee, will release the union representative as soon as possible.

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If no union representative is available, the Employee may ask to reschedule the discussion and that request shall be granted by the Company.

Aggrieved employees and Union representatives will be paid their regular rate of pay for time spent in grievance-related meetings with management only during scheduled working hours. The Union representative will not be paid for time spent investigating grievances, preparing grievance documents, or for any time spent outside of meeting with management.

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

District Supervisors, Contract Managers and Corporate representatives are considered management or representatives of the Company for purposes of this Agreement. Lead and Senior Lead Court

Security Officers and Lead and Senior Special Security Officers are not management or Company representatives and shall not act on behalf of management during the questioning of a fellow union member.

SECTION 1.4 - Steward Authority

No Steward has the authority to call or direct a strike or authorize other economic action against the

Employer’s business or the work of any employee but may advise the Employer of any alleged violations of this agreement.

SECTION 1.5 - Bulletin Board

If the government permits Union postings on a bulletin board, such postings shall only be made by designated Union officials, shall only deal with official Union business pertaining to this site, and shall not be inflammatory or political in nature.

SECTION 1.6 - Union Security and Membership (Except in Right to Work States)

To the extent consistent with state law, all employees hereafter employed by the Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this

Agreement, whichever is later, as a condition of continued employment.

An employee who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, whichever employed under, and for the duration of this Agreement.

Employees meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 8

Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487

U.S. 735 (1988).

SECTION 1.7 - Dues Checkoff

The Employer agrees to deduct from the payrolls and remit to the Union all initiation fees and periodic dues as required by the Union upon presentation of an individual’s authorization by the

Union signed by an Employee directing the Employer to make such deductions from the

Employee’s pay period each month. The Union will furnish the forms to be used for authorization of deductions.

The Company will remit all such deductions to the Treasurer/Business Agent within five (5) business days from the date that the deduction was made, via direct deposit, if possible. All costs related to direct deposit will be borne by the Union. The Union agrees to furnish the Company with the current routing number for direct deposit. The Company shall furnish the Union with a deduction list, setting for the name and amounts of dues, within seven (7) business days of 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 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, provided such errors are unintentional and corrected when brought to the Company’s attention.

ARTICLE 2 - SENIORITY

SECTION 2.1 - Unit/District Seniority

Union/District seniority shall be the length of continuous employment from the last date of hire within the District unit in the position of a full or share-time CSO, LCSO, SLCSO, SSO, LSSO and

SLSSO, 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 their 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, leave, transfers and other matters as provided for in this

Agreement.

The Company will implement shift bidding in Denver, Colorado Springs, Durango and Grand

Junction, Colorado. Beginning in October 2019, and thereafter once a year in the month of

October, full-time and share-time employees at those locations shall bid their shift schedules among designated full-time assignments or shared-time assignments in the order of seniority. The

Company reserves the right to deny a bid in the event, in the Company’s judgment, the resulting assignment would be detrimental to the Company’s operations or relationship with its client. The

Company will not deny a bid arbitrarily or capriciously, but only in the exercise of its business judgment. Shift bidding may not lead to any change in status from full-time to shared-time or vice versa.

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When providing names to the USMS for USMS training school, the Employer will provide the names in order of seniority.

Any employee who is granted an approved leave of absence will retain all seniority rights.

SECTION 2.2 - Loss of Seniority

In the event the Employer loses the contract to provide Court Security services at the site, the

Employer will have no obligation with regard to this Section after the termination of its contract.

An employee who transfers to or from another district, quits, resigns, or retires, or is terminated for any reason loses his/her seniority and has no right to recall.

SECTION 2.3 - Seniority Lists

The Company, using service credit information, will provide a seniority list by District to the Union once each quarter. The Union will break ties in seniority by a fair and non-discriminatory method of its own devising.

SECTION 2.4 - Member Information

Employees shall notify the Employer in writing, on a company-provided form, of their proper mailing address, email address and telephone number or of any change of name, address, or telephone number. The Company will send a copy to the Union and both shall be entitled to rely upon the last known address in the Employer’s official records.

SECTION 2.5 - Promotion

A. The U.S. Government, in its contract with the Company, creates specific guidelines for the job duties and qualifications of Lead CSO (LCSO) and Lead SSO (LSSO). Based on these guidelines, all appointments of LCSOs and LSSOs will be the exclusive right of the Company.

Suitability shall include an employee’s skills, experience, past performance, capabilities, and the needs of the operation. If in the Employer's determination, that 2 or more members are equally qualified, seniority will prevail. LCSOs and LSSOs will not perform supervisory duties as described by the National Labor Relations Act.

B. A LCSO may opt to step down to an open CSO position or an LSSO may opt to step down to an open SSO position should he or she no longer desire the added responsibility of that position.

SECTION 2.6 - Filling Vacancies

If a vacancy occurs in a full time or share time 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 five (5) working days (excluding Saturdays, Sundays and holidays) at all locations within the

District. Any Employees who have notified the District Supervisor in writing of their intent to apply for a Full-Time or Share-time position and who are not scheduled to work during that five (5) day period, and any Employees on vacation or on other approved leave, will be notified by the

Company. The District Supervisor will notify the Union’s Unit Vice-President of such openings.

The Union’s Unit Vice-President will then verify that all CSOs have been notified. When a vacancy

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 10 occurs, the Employer will fill the position with the most senior Employee who has applied for the position in writing, who will be trained (if required) to fill any necessary special qualifications for the new position. This provision does not apply to Lead Court Security Officer vacancies.

Once an employee has submitted a bid for a vacancy that bid may not be withdrawn unless agreed upon by the Company and the Union. The Company reserves the right to deny a bid in the event, in the Company’s judgment, the resulting assignment would be detrimental to the Company’s operations or relationship with its client. The Company will not deny a bid arbitrarily or capriciously, but only in the exercise of its business judgment.

SECTION 2.7 - Transfer Out of Unit

Any bargaining unit employee who is promoted to a non-bargaining unit position for more than 180 calendar days shall lose their Union/District seniority from the first day in a non-bargaining position. If they return to the bargaining unit more than 180 days later they shall regain their Union seniority date, excluding the time in the non-bargaining unit position, upon completion of 365 days back in the bargaining unit. This restoration of seniority shall be available on a one-time only basis to each Employee.

SECTION 2.8 - Probationary Employees

Probationary Employees will be considered probationary for a sixty (60) calendar day period after their hire date. The Union will still represent Probationary Employees with respect to issues concerning wages, hours, and working conditions, but the Company reserves the right to determine 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 their date of hire. The Probationary period can be extended by mutual agreement between the Company and the Union.

SECTION 2.9 - Termination of Seniority

In addition to a transfer out of unit/district as described in section 2.7 above, 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 and is not reinstated after the grievance/arbitration process has been exhausted;

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 more than 3 years;

E. The U.S. Government revokes the Employee’s credentials as a CSO;

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F. The Employee is permanently transferred out of the bargaining unit under and subject to Section

2.7, above;

G. The Employee accepts a position with the Company outside of the bargaining unit(s) and does not return to the bargaining unit for a period of 18 months.

NOTE: Full seniority shall be reinstated should an employee who has been removed on a non-voluntary basis be re-credentialed by the USMS.

ARTICLE 3 - GOVERNMENT SUPREMACY

The Company and its employees are providing a service to the United States Government, which bears responsibility and authority for providing security to federal judicial facilities. Therefore, employees agree to comply with any verbal or written non-disciplinary directive issued by the government. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving USMS rights under the contract between the USMS and the Company.

Government directives and any claimed violation of this Agreement that results from those directives are not subject to the grievance or arbitration procedure. Verbal directives will be documented in accordance with Company policy.

ARTICLE 4 - GOVERNMENT CREDENTIALS REQUIRED

Employment as a Court Security Officer or Lead Court Security Officer requires, as a condition of employment, that the employee maintain a current approval as a Special Deputy and as a Court

Security Officer as required by the United States Marshals Service and a current, valid driver’s license issued by his or her state of residence. Employees who fail to do so will be considered to have resigned voluntarily.

ARTICLE 5 - 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 anti-discrimination 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, Vietnam Era

Veterans status, 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 and this

Article, 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 for violations of the rights set forth in this Article, statutory and contractual, to the preclusion of all other remedies and forums, judicial administrative and otherwise, shall be the grievance and arbitration procedures detailed in this

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Agreement. Nothing in this provision shall be construed as a waiver of any employee’s right to pursue any statutory claim before any administrative body or court.

ARTICLE 6 - MANAGEMENT'S RIGHTS

SECTION 6.1 - 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. The right to promote, demote, 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;

D. Discharge, discipline, or suspend; provided any such action is for just cause:

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 provisions of this agreement;

G. Require Employees to observe reasonable Employer rules and regulations;

H. Determine when overtime shall be worked and require employees to work;

I. Approve all leave and determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted;

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

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

L. 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;

M. 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;

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

O. The right to introduce changes in the methods of operations, jobs 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;

P. The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Company, regardless of whether it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it.

SECTION 6.2 - 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.

Should there be any conflict between the Company’s Policies and Procedures and the Collective

Bargaining Agreement, the Collective Bargaining Agreement will control.

ARTICLE 7 - DISCIPLINE

SECTION 7.1 - 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

Court Security Officer 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 and the Union.

SECTION 7.2 - Serious Offenses

Among the actions which may, as deemed appropriate by the Employer, result in and establish cause for discipline (including immediate dismissal) shall include, but shall not be limited to:

• abuse of authority;

• neglect of duties; falsification of a document, statement or time record, breach of security;

• inappropriate conduct directed at or involving Government employees, members of the public or contractor employees at or near the federal facilities, or while in uniform; violation of the CSO Performance Standards or Deadly Force standards;

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• dishonesty;

• misappropriation of funds or government or company resources;

• theft;

• assault;

• intoxication or drinking on duty, or illegal use or possession of drugs or narcotics;

• immoral conduct;

• fighting;

• breach of building rules or regulation;

• sleeping while on duty;

• destruction of property;

• criminal misconduct.

SECTION 7.3 - Progressive Discipline

The Employer recognizes the principle of progressive discipline. Accordingly, the Employer will utilize 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 Employer to begin the disciplinary process at any particular level and that the

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

The Company will not rely for purposes of progressive discipline upon any incident resulting in a

3-day suspension or less after a period of one year has passed from that incident.

SECTION 7.4 - Absenteeism

Employees are required to report and be ready for work at their required times. Employees may be subject to discipline, in accordance with the principle of progressive discipline, if they are absent from work or are late reporting to work without prior authorization or good cause, unless the employee uses available sick leave to account for the absence. Sick leave may not be used to account for tardiness. Discipline under this Section will not be considered for purposes of progressive discipline for offenses unrelated to absenteeism or tardiness.

Employees shall provide as much advance notice as possible of an absence or tardiness and will make every effort to provide at least four (4) hours’ notice of any absence or tardiness to the

Program Manager/Supervisor.

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Unless the employee uses sick leave to account for the absence, unauthorized absences within any consecutive 6-month period may result in the following disciplinary progression, unless mitigating circumstances rendered the absence beyond the employee’s control: verbal reprimand, written reprimand, 1-day suspension, 3-day suspension, 5-day suspension, termination. Unauthorized late reporting for work within any consecutive 6-month period may result in the following disciplinary progression, unless mitigating circumstances rendered the late reporting beyond the employee’s control: verbal reprimand, written reprimand, 1-day suspension, 3-day suspension, 5-day suspension, termination.

SECTION 7.5 - Open Post

If an employee’s unexcused lateness reporting to work causes an Open Post that is unavoidable to the Company, the employee may be subject to discipline, commencing with a 1-day suspension, in accordance with the principle of progressive discipline. Discipline under this Section will not be considered for purposes of progressive discipline for offenses unrelated to an Open Post.

It is expressly understood and agreed that this Open Post policy is to be administered in a spirit of fairness, and that the Company retains the right to waive any discipline if it is determined that the lateness reporting to work was the result of circumstances entirely beyond the employee’s control.

It is further expressly understood and agreed that traffic delays and congestion, weather delays, childcare issues, and similar circumstances are part of every employee’s daily commute, and it is the employee’s responsibility to anticipate such delays and structure their commute accordingly.

SECTION 7.6 - Personal Electronics

The use or visible possession of personal cell phones, tablets, laptops, gaming devices, Bluetooth earpieces, headphones, smart watches, or any other unauthorized electronic device on post is strictly forbidden. A smart watch worn in airplane mode shall not be considered a prohibited item and shall be authorized for use to check the time. A cell phone in an employee’s pocket or belt holster, even if it is visible, is not a violation of this Section. 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 the time, checking email, checking texts, engaging or disengaging an alarm, charging of the device, and any other unauthorized use or visible possession whatsoever. Employees may be subject to discipline, in accordance with the principle of progressive discipline, for use of electronic devices in violation of this Section. An employee using his cellphone for official business shall not be subject to discipline under this Section.

For violation of this section, a 1-day suspension may be given on the first offense. On the second subsequent offense within any consecutive 6-month period, a 3-day suspension may be given. On the third subsequent such offense within any consecutive 6-month period, a 5-day suspension may be given. On the fourth subsequent such offense within any consecutive 6-month period, the employee may be terminated. For a first-time violation, previous video footage cannot be used as a basis to enhance the penalty. In any case, where video footage is the Company’s basis for determining than an employee has violated this Section, the lookback period shall be no greater than 30 days from the issuance of the discipline. Disciplines under this Section will not be considered for purposes of progressive discipline for offenses unrelated to violation of the personal electronics policy.

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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 need and make arrangements with the supervisor to communicate emergency messages.

ARTICLE 8 - GRIEVANCE AND ARBITRATION PROCEDURE

SECTION 8.1 - Grievances

A grievance shall mean a disagreement or dispute raised by the Union or an employee which arises during the term of this Agreement concerning the application, meaning or interpretation of an express provision of this Agreement or the employment relationship between the Company and employee, including but not limited to claims of unlawful employment discrimination as set forth in Article 6 of this Agreement.

Only grievances which involve an alleged violation by the Company of this provision in this

Agreement and which are processed in the manner and within the time limits herein provided shall be subject to arbitration. No grievance shall be arbitrable with respect to:

A. Any matter involving the administration, interpretation, or application of any insurance plans;

B. A decision of the Company to discipline, discharge or otherwise not retain or hire an employee on the U.S. Government’s or any of its Officials’ request or recommendation or determinations that an employee is unacceptable to the Government to perform service on the contract irrespective of the reason or reasons the U.S. Government or any of its Officials find an employee unacceptable to perform services. Evidence of the Government’s determination shall be given to the employee and the Union upon termination from the Company.

Except as otherwise expressly stated in this Agreement, the procedures set forth in this Article shall be the sole and exclusive remedy for any grievance asserted by the Union or any employee.

Grievances involving the discharge or suspension of an employee will begin at Step 3.

Prior to the filing of a formal grievance, the employee and/or his or her Union representative shall notify the Site Supervisor of the basis for the grievance and make an informal attempt to resolve the issue. In the event that informal effort is unsuccessful, the formal grievance process shall proceed as follows:

Step 1 – Notice to District Manager. The employee and/or his or her Union representative shall present the grievance or dispute in writing to the employee’s direct supervisor within 10 calendar days of its occurrence or when the employee knew, or by reasonable diligence should have known, of the its occurrence. The supervisor shall respond in writing to the grievance within 10 calendar days of his/her receipt of the grievance to the Union.

Step 2 – Notice to Contract Manager. If the grievance is not settled at Step 1 or if the supervisor does not respond within 10 calendar days of the Step 1 notice, the employee and/or his or her

Union representative shall, within 10 calendar days of the date the supervisor responded or the date which the supervisor should have responded, whichever is sooner, submit the grievance in writing to the Company’s Project Manager or his/her designee. For purposes of this step, submission by

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 17 email is sufficient. The Company’s designated email address for purposes of this step is mhughes@parasys.com. The Company’s Project Manager shall respond to the grievance within 10 calendar days of receipt of the grievance.

Step 3 – Notice to Paragon Corporate. If the grievance is not settled at Step 2 or if the Project

Manager does not respond within 10 calendar days, the Union shall, within 10 calendar days, present the grievance in writing to the Paragon Corporate Office. The Company’s designated email address for the receipt of Step 3 grievances is grievances@parasys.com. The Company’s designated physical address for the receipt of Step 3 grievances is Laura Hagan, 13655 Dulles

Technology Drive, Suite 100, Herndon, VA 20171. The Company shall respond in writing to the grievance within seven (7) calendar days.

(A) Written Presentation. All grievances shall set forth the facts giving rise to the grievance, the provisions of the Agreement, if any alleged to have been violated, the names of the aggrieved employees and the remedy sought. All grievances shall be signed and dated by the employee or Union representative. All written answers submitted by the Company shall be signed and dated by the appropriate Company representative and shall be presented to the aggrieved employee and the Union.

(B) Provisions of the Essence. The time limitations set forth in this Article are deemed of the essence of this Agreement. No grievance shall be accepted by the Company unless it is submitted within the time limitations and written presentation provisions set forth in this section. If the grievance is not timely and properly submitted at Step 1, it shall be deemed waived. If the grievance is not timely and properly submitted at Step 2 or 3, it shall be deemed finally settled in accordance with the Company’s Step 1 or 2 responses, if any, respectively, and the parties shall be bound thereby without recourse to section 8.2.

Notwithstanding the provisions of this subsection, when the delay is minor and there is good cause for the Union or employee’s failure to strictly adhere to the time limitations set forth in this Article, the Company will not insist that the grievance is waived.

(C) Representation. An employee shall be permitted to have a Union Representative at each step of the grievance procedure.

The Union and the Company may mutually agree to waive the time limits set forth in this Article.

SECTION 8.2 - Arbitration

If after receiving receipt of the Step 3 response, or if the Company does not respond within seven

(7) calendar days, the grievance is not settled at Step 3, the Union may, within 10 calendar days after receipt of the Company response or non-response to Step 3, proceed to binding arbitration.

Notice that arbitration is desired must be received by the Company 10 calendar days after the

Union receives the Company’s Step 3 answer, or after the deadline for the Step 3 answer has passed with no response from the Company. Such notice shall identify the provisions of the Agreement allegedly violated and shall set forth such facts and circumstances as well and will provide the

Company with reasonable notice of the nature of the grievance. Within ninety (90) calendar days of service of the arbitration notice, the Union shall request a panel of arbitrators from the Federal

Mediation and Conciliation Service. The time limitations set forth in this Article are deemed of the

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 18 essence of this Agreement. No grievance shall proceed to Arbitration unless it is submitted and pursued within the time limitations and provisions set forth herein. Notwithstanding the provisions of this subsection, when the delay is minor and there is good cause for the Union or employee’s failure to strictly adhere to the time limitations set forth in this Article, the Company will not insist that the grievance is waived.

Except as otherwise expressly provided herein, the American Arbitration Association’s Rules for the Resolution of Employment Disputes shall control the resolution of any and all disputes submitted to arbitration under this Agreement. The Arbitrator shall conduct a hearing on the grievance. The decision or order of an Arbitrator shall be final and binding and shall be in writing.

Any back-pay award shall be reduced by any sums received as unemployment compensation or from other interim employment.

The Arbitrator shall have no authority to alter, amend or add to this Agreement. None of the time limits or presentation requirements contained in this Article may be waived or extended except by mutual agreement in writing. All fees and expenses of the arbitrator shall be borne equally by the

Parties, except where one of the Parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing Party shall pay such charge unless the postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the Parties. A postponement charge resulting from a joint postponement request shall be borne equally by the Parties. Each Party will bear its own legal expenses and costs incident to witnesses.

SECTION 8.3 - Individual Grievances

No individual may move a grievance to arbitration.

ARTICLE 9 - 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 10 - HOURS OF WORK AND OVERTIME

SECTION 10.1 - Workday and Workweek

For the purposes of this Article, a regular full-time work week of forty (40) hours of work, (52) weeks per year (less holidays) 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 U.S. Government. Nothing contained herein shall guarantee to any

Employee any number of hours of work per day or week.

SECTION 10.2 - Overtime

Overtime pay is calculated at one and one-half (1.5) times the employee’s “regular rate” for all hours worked in excess of forty (40) hours of actual work in any single work week. There will not be any pyramiding of hours worked. Only hours actually worked will be recognized in determining overtime eligibility. It is understood and agreed that if an employee works at two or more different

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 19 rates in a single workweek, the “regular rate” for overtime purposes will be calculated in accordance with 29 C.F.R. Section 778.115.

SECTION 10.3 - 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.

SECTION 10.4 - Overtime Distribution

Overtime will be distributed as equitably and fairly as practicable among Employees by seniority.

Unforeseen Overtime or emergencies, the employer shall have the sole discretion to assign work to the first available employees. Schedule overtime will be distributed equitably as follows if a Share-

Timer is not available:

• Volunteers

• Seniority

In the event a full-time Court Security Officer is held over due to work overtime, the affected employee’s regular work schedule will not be adjusted later in the workweek to prevent him from going into overtime status as a result of the holdover, unless the affected employee so requests and unless the Contract Manager or his designee so approves.

SECTION 10.5 - Call in Pay

When a non-probationary employee is called in or scheduled to work by management outside of his/her regular scheduled working hours; or in the event of a building closure by the Government

(for emergency reasons beyond the control of the Company) during his/her regular scheduled working hours, he/she will be guaranteed a minimum of two (2) hours of pay or pay for time actually worked, whichever amount is greater, at his/her base straight time, hourly rate. Hours paid but not actually worked under this provision shall not be construed as time worked or paid for the purposes of computing overtime hours worked to compute overtime pay. An employee who has been timely notified not to appear because of building closure shall not be entitled to pay under this

Section. This shall apply to an employee who reports to a closed facility who has not been timely notified not to report. An employee who has been timely notified not to appear shall not be entitled to pay under this Section.

SECTION 10.6 - Timekeeping Policy

Employees will comply with the company’s Timekeeping Policy and required reporting.

SECTION 10.7 - Rest Periods and Meal Periods

In general, there shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each eight (8) 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. On occasion, due to exceptional work

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 20 requirements, Employees may have to work through their unpaid lunch breaks, and, if so, they will be compensated at 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.

SECTION 10.8 - Shift Differential

A night-shift differential of five (5) % of the employee’s regular hourly rate shall be paid for all hours worked between 6:00 PM and 6:00 AM.

ARTICLE 11 - WORK SHIFTS AND PAYMENT POLICIES

SECTION 11.1 - Payday

Workweek. The Company's workweek shall consist of seven (7) days, beginning on Sunday at 001 hours and ending the following Saturday at 2359 hours.

Workday. A workday shall be defined as from 0000 hours until 2359 hours. Pay days shall be bi-weekly, every other Thursday. The Company reserves the right to change pay periods or paydays for legitimate business reasons, provided the Union and employees are given at least four (4) weeks’ notice of the change.

Employees will be paid by direct deposit.

SECTION 11.2 - Undisputed Error

In case of an undisputed error on the part of the company as to an Employee's rate of pay, or hours paid, the Company will make every effort to make the correction in the next paycheck; if the amount is greater than $100, the Company will expedite payment to the greatest extent possible as soon as the error is known, and will rectify the error within a work week (40 hours) if possible.

SECTION 11.3 - 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 personal leave, vacation leave or leave-without-pay, subject to Section 10.5 of this Agreement.

ARTICLE 12 - LEAVES OF ABSENCE

SECTION 12.1 - Limitations

All leave must be approved by the Employer. Vacation and personal leave are subject to approval by the local manager. Any other type of leave must be approved by the Contract Manager or his designee in advance. All vacation requests are granted by seniority and are site specific. In the event of a tie, the person with the lowest last 4 numbers of their Social Security number will prevail.

CBA (PARAGON SYSTEMS, INC. & USCSO - 10th Circuit August 15, 2022 through September 30, 2025) Page 21

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 leave of absence.

Except for emergency circumstances beyond the Employee’s control, unpaid leaves of absence may be taken only with written approval of the Employer.

SECTION 12.2 - Vacation for Eligible Full-Time Employees

Eligibility for vacation benefits shall be based on Department of Labor (DOL) rules under the

Service Contract Act. Eligible full-time employees shall be entitled to annual vacation based on their continuous years of service on the contract with the Company and all prior companies (based on the employee’s anniversary date of employment) at their individual hourly rate of pay.

Vacation bidding for full-time employees will take place starting November 1st of each year for the following January calendar year. Requests shall be given to the District Supervisor. Vacation will be granted based on seniority and after the conclusion of the bidding process. Vacations requiring more than two (2) weeks may be approved with advanced notice. The supervisor will notify the employee of approved time off in writing within seven (7) calendar days of receiving the request.

If the supervisor does not so notify the CSO within the seven (7) calendar days, the request shall be deemed approved.

Full-time employees shall vest vacation leave/pay on their anniversary dates in accordance with the schedule set out in Appendix A.

SECTION 12.3 - Vacation for Eligible Shared-Time Employees

Eligible shared-time employees shall be entitled to prorated vacation per the schedule contained in

Appendix A based on the number of hours worked in the previous year and the employee’s anniversary date.

Any employee who works a full anniversary year, in part as a full-time position…