11th Circuit USCSO CBA 2021-24(APSI)-Executed 20210913.pdf

00992878.1

Collective Bargaining Agreement

Between

Ahtna Professional Services, Inc.

And

United States Court Security Officers

EFFECTIVE: October 1, 2021 – September 30, 2024

TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS

SECTION 1.1 Parties

SECTION 1.2 Bargaining Unit(s)

SECTION 1.3 Negotiating Committee

SECTION 1.4 Union Security and Membership (Except in Right to Work States)

SECTION 1.5 Steward System

SECTION 1.6 Dues Checkoff

ARTICLE 2 SENIORITY

SECTION 2.1 UNIT/DISTRICT SENIORITY DEFINED

SECTION 2.2 SENIORITY LISTS

SECTION 2.3 PERSONAL DATA

SECTION 2.4 TRANSFER OUT OF UNIT

SECTION 2.5 PROBATIONARY EMPLOYEES

SECTION 2.6 TERMINATION OF SENIORITY

A. the Employee quits, retires or transfers to another District;

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 Company;

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;

F. the Employee is permanently transferred out of the bargaining unit under and subject to Section 2.4 above;

G. the Employee accepts a position outside of the bargaining unit and does not return to the bargaining unit for a period of 18 months;

ARTICLE 3 JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

SECTION 3.2 SHARE-TIME POSITION EMPLOYEES

SECTION 3.3 LAYOFF AND RECALL (Reduction by local agreement) if not time shares first

SECTION 3.4 TEMPORARY ASSIGNMENTS

SECTION 3.5 APPOINTMENT AND REMOVAL OF LEAD CSOs

ARTICLE 4 GOVERNMENT AUTHORITY

ARTICLE 5 GOVERNMENT CREDENTIALS REQUIRED

ARTICLE 6 NON-DISCRIMINATION

ARTICLE 7 MANAGEMENT'S RIGHTS

SECTION 7.1 Enumerated Rights

SECTION 7.2 Retained Rights

ARTICLE 8 DISCIPLINE

SECTION 8.1 Just Cause

SECTION 8.2 Significant Offenses

SECTION 8.3 Progressive Discipline

ARTICLE 9 GRIEVANCE

SECTION 9.1 Intent

SECTION 9.2 General Provisions

SECTION 9.3 Grievance Procedure

SECTION 9.4 Grievance for Discipline

SECTION 9.5 Class Action

SECTION 9.6 Individual Grievances

SECTION 9.7 Bilateral Right

ARTICLE 10 ARBITRATION PROCEDURE

SECTION 10.1 Selection of an Arbitrator

SECTION 10.2 Decision of the Arbitrator

SECTION 10.3 Arbitration Expense

SECTION 10.4 Parties’ Expenses

SECTION 10.5 Resolution of Grievances

SECTION 10.6 Deferred Cases

ARTICLE 11 COMPENSATION AND FRINGE BENEFITS

SECTION 11.1 CALL IN PAY

SECTION 11.2 SHARE-TIME PRORATION

SECTION 11.3 WAGES

SECTION 11.4 WAGE SCHEDULE

SECTION 11.6 LEAD CSOS and LCSO RATES

SECTION 11.7 Undisputed Error

SECTION 11.8 BEREAVEMENT LEAVE (As per district Appendix)

SECTION 11.9 JURY DUTY

ARTICLE 12

SECTION 12.1 HEALTH AND WELFARE PAYMENTS

SECTION 12.2 401(K) EMPLOYEE CONTRIBUTIONS

SECTION 12.3 OTHER BENEFITS

SECTION 12.4 UNIFORM MAINTENANCE

ARTICLE 13 VACATIONS

SECTION 13.1 ELIGIBLE FULL-TIME EMPLOYEES

SECTION 13.2 ELIGIBLE SHARE-TIMED POSITION EMPLOYEES

SECTION 13.3 SCHEDULING VACATIONS / BIDDING

SECTION 13.4 UNUSED VACATION

SECTION 13.5 PAY IN LIEU OF VACATION LEAVE

SECTION 13.6 VACATION - LAID OFF EMPLOYEES

SECTION 13.7 VACATION INCREMENTS

ARTICLE 14 HOLIDAYS

SECTION 14.1 HOLIDAYS DEFINED

SECTION 14.2 MISCELLANEOUS HOLIDAY PROVISIONS

ARTICLE 15 HOURS OF WORK AND OVERTIME

SECTION 15.1 Workdays and Workweek

SECTION 15.2 Overtime

SECTION 15.3 Overtime Requirement

SECTION 15.4 Overtime, Holiday and Extra Work Distribution

SECTION 15.5 Rest Periods and Meal Periods

SECTION 15.6 Gear-up/Gear-down and Timekeeping

SECTION 15.7 Government Building Closure

ARTICLE 16 UNPAID LEAVES OF ABSENCE

SECTION 16.1 Limitations

SECTION 16.2 Medical Leave

SECTION 16.3 Military Leave

SECTION 16.4 Union Leave

SECTION 16.5 PERSONAL LEAVE

SECTION 16.6 Processing Unpaid Leaves of Absence

ARTICLE 17 MISCELLANEOUS PROVISIONS

SECTION 17.1 Bulletin Boards

SECTION 17.2 Physical Examinations

SECTION 17.3 Travel Expenses

SECTION 17.4 Break Rooms

SECTION 17.5 Lockers

SECTION 17.6 Union/Anti-Union Business Prohibited On Duty

SECTION 17.7 Safety Policy

SECTION 17.8 OSHA Standards

ARTICLE 18 401 K

ARTICLE 19 CONTINUITY OF OPERATIONS

SECTION 19.1 No Strikes

SECTION 19.2 No Lockouts

ARTICLE 20 SEPARABILITY OF CONTRACT

ARTICLE 21 ENTIRE AGREEMENT

ARTICLE 22 TERMINATION OF AGREEMENT

ARTICLE 23 DURATION OF AGREEMENT

ARTICLE 24 RATIFICATION

ARTICLE 1 GENERAL PROVISIONS

SECTION 1.1 Parties

This Agreement is made and entered into by and between Ahtna Professional Services, Inc., an Alaska corporation, hereinafter referred to as the "Company," and UNITED STATES COURT SECURITY OFFICERS UNION, hereinafter referred to as the "Union". This Agreement shall be binding upon the parties, their successors and assigns.

SECTION 1.2 Bargaining Unit(s)

This agreement is entered between Ahtna Professional Services, Inc., (herein referred to as the Company) and the United States Court Security Officers (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

The bargaining unit is defined as all full-time and share-time Court Security Officers (CSOs), Lead Court Security Officers (LCSOs), Senior Lead Court Security Officers (SLCSOs) , Special Security Officers (SSO’s), Lead Special Security Officers (LSSO’s), Senior Lead Special Security Officers) employed by the Company and all of the following shall be defined as one collective bargaining unit: Gainesville, and Tallahassee Florida, under various contracts between the Company and the United States Marshals Service, excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

This agreement shall be binding upon both parties their successors and assigns. In the event of a sale or transfer of the business of the Company, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.3 Negotiating Committee

The company agrees to recognize a Union Negotiating Committee Composed of the President or his designee, Executive Vice-President, Business Agent and up to four (4) others (usually comprised of Unit Vice-Presidents).

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. The Company will allow all time off for the committee to negotiate.

SECTION 1.4 Union Security and Membership (Except in Right to Work States)

To the extent consistent with state law, all employees hereafter employed by the Company 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 Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

Any abuse of Section 1.4 may result in mandatory payment of back fees, dues and costs may be levied and/or disciplinary action up to, and including, termination.

SECTION 1.5 Steward System

The Company agrees to recognize a steward system.

The Union agrees that the union representatives and aggrieved employees will work at their regular jobs except when they are relieved by management.

An Employee may request a union representative prior to any discussion with an employee 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. If no union representative is available, the employee may ask to reschedule the discussion in which case 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 aggrieved employee will not be paid for time spent investigating grievances, preparing grievance documents, or for any time spent outside of meeting with management.

“Management,” as used in this Agreement, refers to District Supervisors, Contract Managers and Corporate representatives; Lead and Senior Lead Court Security Officers are not considered management and should not be present during the questioning of a fellow union member.

SECTION 1.6 Dues Checkoff

The Union will furnish the forms to be used for authorization. The Company agrees to deduct from the payrolls and remit to the Union all initiation fees, periodic dues and PAC contributions as required by the Union upon presentation of an individual’s authorization by the Union signed by the employees directing the Company to make such deductions from the employee’s pay period each month.

The Company will remit all such deductions to the Treasurer/Business Agent within fourteen (14) 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 forth the name and amount of dues, within seven (7) business days of each remittance.

The Union agrees to hold the Company harmless from any action or action's 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, providing such errors are unintentional and corrected when brought to the Company’s attention.

ARTICLE 2 SENIORITY

SECTION 2.1 UNIT/DISTRICT SENIORITY DEFINED

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 Company, past or present and/or any predecessor Company. 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 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, LCSO, SLCSO, SSO, LSSO, and SLSSO.

When providing names to the USMS for USMS training school, the company 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 SENIORITY LISTS

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

SECTION 2.3 PERSONAL DATA

Employees shall notify the Company in writing, on the 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 Company's official records.

SECTION 2.4 TRANSFER OUT OF UNIT

Any Bargaining Unit Employee who is promoted to a non-bargaining unit position for more than 180 days shall lose their Union/District seniority from the first day in a non-bargaining unit 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 one time only.

SECTION 2.5 PROBATIONARY EMPLOYEES

Probationary Employees will be considered probationary for a ninety (90) calendar day period after their hire date.

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 their date of hire. The Probationary period can be extended by mutual agreement between the Company and the Union.

SECTION 2.6 TERMINATION OF SENIORITY

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

A. the Employee quits, retires or transfers to another District;

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 Company;

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;

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

2.4 above;

G. the Employee accepts a position outside of the bargaining unit and does not return to the bargaining unit for a period of 18 months;

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

ARTICLE 3 JOB OPPORTUNITIES

SECTION 3.1 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. 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 occurs, the Company 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. Once awarded the selected employee shall remain on the awarded post for a period of not less than one (1) year after the effective date of the assignment.

SECTION 3.2 SHARE-TIME POSITION EMPLOYEES

The company shall provide CSO coverage by using a combination of full-time positions and share-time positions. Full time positions are positions where the CSO is scheduled to fill that position for a 40-hour workweek, 52 weeks per year (minus holidays). Share-time positions are also 40-hour workweek positions that are filled by two (2) CSO’s for a combined total of 40 hours per week however each share time CSO may be scheduled up to 40 hours/week. The Company is required to use share-time position CSO’s to: (1) provide full staffing level coverage; (2) increase security levels as needed; and (3) avoid overtime. Share-timed position employees may be required to work any tour of duty required by the company. The Company has sole discretion in assigning these tours. The company will give the share-timed position Employee the maximum possible notice for schedule changes. Failure to report to work when so scheduled or called to work may result in disciplinary action.

SECTION 3.3 LAYOFF AND RECALL (Reduction by local agreement) if not time shares first.

In the event of layoffs or recall, when full-time or share-time positions are being reduced, probationary Employees will be laid off first. Should it be necessary to further reduce the workforce, Employees will be retained on the basis of seniority. Recall of Employees will be accomplished by recalling the last laid off Employee first, and so on.

In the event of a reduction in hours, the Company will provide the Union with as much advance notice as possible, and will meet with the Union, upon the Union’s request, to bargain impact and implementation of the staff reduction plan.

SECTION 3.4 TEMPORARY ASSIGNMENTS

In the interest of maintaining continuous operations, the Company may temporarily assign an Employee to a vacant or new position or assign an Employee to 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 and its Appendices. To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification and shall not exceed 90 days per employee, this may be extended with an agreement between the Company and the Union. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis.

Employees involuntarily assigned will receive the higher of the base hourly wage available to Employees regularly assigned to the site to which the Employee is being transferred (providing that the Company is the contractor on the site to which the Employee is being transferred), or their regular hourly wage they receive at their regular site under this agreement.

SECTION 3.5 APPOINTMENT AND REMOVAL OF LEAD CSOs

The U.S. Government, in its contract with the Company, creates specific guidelines for the job duties of Lead CSOs.

Based on these guidelines, all appointments will be made on the basis of suitability as evaluated by the Company.

Suitability shall include an employee's qualifications, skills, past performance, and the legitimate needs of the operation. The Company shall fairly evaluate and select the most qualified candidates. In the event that two or more candidates are equally qualified, the Company will select the most senior candidate.

ARTICLE 4 GOVERNMENT AUTHORITY

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 which results from those directives, are not subject to the grievance or arbitration procedure. Verbal directives will be documented in accordance with company policy.

ARTICLE 5 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, valid driver’s license issued by his or her state of residence. Employees must be qualified to receive and maintain a Special Deputation as a Court Security Officers by the United States Marshals Service. Employees who fail to qualify will be considered to have resigned voluntarily and will be terminated from employment.

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 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, 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, Vietnam Era Veterans Status, 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.

ARTICLE 7 MANAGEMENT'S RIGHTS

SECTION 7.1 Enumerated Rights

The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company, unless abridged by the terms of this Agreement. 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 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;

l. 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, 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;

o. The right to establish or change job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Company, provided the assignment is lawful and safe and that the employee is qualified to perform it;

p. 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.

q. The right to establish, emplace Company policies and procedures; including but not limited to Disciplinary Policy; Attendance Policy; Drug & Alcohol Policy.

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 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 shall 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 8.2 Significant Offenses

Among the actions which may, as deemed appropriate by the Company, result in and establish cause for discipline (up to and including dismissal) shall include, but shall not be limited to: abuse of authority; neglect of duties; breach of security; breach of the Company’s chain of command policy, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the USMS and the Court; conduct which impugns, disparages or reflects negatively upon the USMS, the Court, the Company or any of their agents or employees to the Government or other third parties, except when such conduct is protected under specific law; offensive 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 Deadly Force standards; dishonesty, misappropriation of funds or government or company resources, theft, assault, intoxication or drinking on duty, being under the influence of or illegal use or possession of drugs or narcotics; immoral or indecent conduct; fighting; threats; sleeping or being inattentive while on duty; destruction of property; failure to properly screen; criminal misconduct or violations of the Company’s policies and procedures.

SECTION 8.3 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.

The Employee may request, in writing, to the Site Supervisor, that any disciplinary action other than a suspension or termination may be considered for removal from the Employee's file after 2 months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

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 4, 5, 6, and 7.

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 moving party fail to comply with the time limits set forth in this Article, the Arbitrator shall deem the grievance dropped. Where there is a dispute as to whether the moving party has failed to comply with the time limits set forth in this Article, the moving party shall pay the full cost of the Arbitrator and the meeting room. Should the Company fail to comply with the time limits, the Union and the aggrieved employee may deem the Company’s failure to respond as a denial of the grievance. The time limits set forth in this Article may be extended by the written mutual agreement of the parties.

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 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 ten (10) working days of the incident or action being grieved, to start the informal procedure. If the informal procedure is not invoked within ten (10) working days of Employee's knowledge of a grievable issue, then it is agreed by both parties that no further action can be taken. If, during the course of this discussion either the Employee or the supervisor requests, a Weingarten representative will be called in unless unavailable in which case the employee may reschedule the discussion.

2. Local Step

If the matter is not resolved at the informal step, the Employee 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 aggrieved Employee and a separate Union representative, and shall be submitted to the District Supervisor or his designee with a copy to the Company’s HR Director. The District Supervisor 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 District Supervisor or designee denies the grievance or does not respond within ten (10) days, the aggrieved Employee must 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 Contract Manager or their designee not later than fifteen (15) days from the denial by the District Supervisor or designee or the expiration of the ten (10) day response period. The Vice-President of Human Resources or designee will have fifteen (15) 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 fifteen (15) days, the aggrieved Employee must 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 Local Step of this procedure. The written grievance shall be presented to the Contract Manager through the District Supervisor or 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 Grievances

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.

ARTICLE 10 ARBITRATION PROCEDURE

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 Designee 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.

SECTION 10.1 Selection of an Arbitrator

Within fifteen (15) days providing written notice of its desire to proceed to arbitration, the Union will request that the 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 (1) name remains, and this individual shall be the arbitrator to hear the grievance. The moving party shall be the first to strike.

SECTION 10.2 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. Company or union witnesses (except the grievant) not located within commuting distance of the hearing may testify by telephone.

The decision of the arbitrator will normally be rendered within thirty (30) days of the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties) 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 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 10.3 Arbitration Expense

The arbitrator's fees and expenses, including any travel expenses and the cost of any hearing room, shall be borne equally by the Company and the Union.

SECTION 10.4 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 10.5 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 non-admission, non-precedent setting basis.

SECTION 10.6 Deferred Cases

If the NLRB defers an Unfair Labor Practice (ULP) to the grievance and arbitration procedure, the parties will attempt to resolve the matter within 30 days through the invocation of the procedures of Section 9.3.(3) beginning with the Corporate Step of the Grievance procedure Article 9.

ARTICLE 11 COMPENSATION AND FRINGE BENEFITS

The Company agrees to provide employees with compensation and fringe benefits as required by the McNamara- O’Hara Service Contract Act and other applicable laws, including but not limited to the Family Medical Leave Act of 1995 and the Uniformed Services Employment and Reemployment Rights Act of 1994.

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

SECTION 11.1 CALL IN PAY

An employee who is called into work or who reports to work as scheduled without having been notified not to report to work shall be paid four (4) hours of call in pay at their regular rate of pay.

SECTION 11.2 SHARE-TIME PRORATION

All proration of share time employee’s hours will be based on hours paid.

SECTION 11.3 WAGES

Payday for all hourly Employees will be after 11 a.m. on Friday following the two (2) week pay period ending on Saturday, subject to change by mutual agreement.

Employees will be paid by direct deposit, except where precluded by applicable law.

SECTION 11.4 WAGE SCHEDULE

See attached Appendices.

SECTION 11.6 LEAD CSOS and LCSO RATES

A. If additional Lead CSOs 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. Lead pay shall also be paid to employees for hours spent working as a training officer or range officer.

Employees temporarily assigned by management to lead duties shall come from the same site of the assigned location and will receive the lowest Lead rate of pay for that time in compliance with DOL and SCA requirements.

SECTION 11.7 Undisputed Error

Neither the Company nor the Employee will be allowed to go back more than twenty-four (24) months to audit, adjust, or correct undisputed errors involving vacation pay, sick / personal leave pay, or salary issues unless required to do so by order of the Government. If an error is found, the employee shall be notified in writing prior to any deductions from his/her paycheck.

In case of an undisputed error on the part of the company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention. Any error, involving eight (8) hours of pay or more, will be corrected and paid within three (3) working days.

SECTION 11.8 BEREAVEMENT LEAVE (As per district Appendix)

SECTION 11.9 JURY DUTY

ARTICLE 12.

HEALTH, WELFARE AND UNIFORM ALLOWANCES

SECTION 12.1 HEALTH AND WELFARE PAYMENTS

The Company will provide all eligible employees with a Health and Welfare (“H&W”) fringe. H&W contributions shall be set by the CBA between the parties and will be paid on all hours paid up 2080 hours per year or 40 hours per week. The Company will ensure all H&W earned by the Employee is sent to the Plan within 21 days of the end of the pay period for which the money is earned.

See Appendices for Health and Welfare rates.

A. Employees are required to pay health benefit premiums while on unpaid leave status unless the Company is required to do so under state or federal law.

B. Employees are eligible for coverage on the 1st of the month, following two (2) months of employment.

The benefits plan documents defined additional information pertaining to these options and their costs.

C. Employees must enroll for medical benefits, Basic Life, Accidental Death and Dismemberment, Short and

Long Term Disability insurances. In the event that the premium rate(s) required by the elected coverage of an employee are greater than the H&W allowance provided in this Article, the Employer agrees to deduct from an employee’s wages the amounts necessary to meet the premium(s) requirement.

D. Enrollment in Employer sponsored medical benefits may be waived if the employee provides proof of other qualifying health coverage. In addition, the following conditions must be met:

E. (a) The employee must have minimum essential coverage as required by applicable federal law(s);

F. (b) That alternative coverage must provide coverage for the employee;

G. (c) The employee must provide evidence at least once per plan year (during open enrollment) of such alternative coverage, although that evidence can consist of the employee’s attestation that the employee has such coverage.

H. The employer cannot accept the employee’s attestation or other evidence if the employer knows or has reason to know that the employee does not have such other required coverage.

I. If the employee fails to provide proof of other coverage or an enrollment form, the employee will be enrolled in the basic medical plan only.

J. Without a qualifying event, Employees are not eligible to enroll into the Plan or change their election until the Open Enrollment period.

K. There shall be no cash-in-lieu option for any H&W earnings not used for the purchase of benefits. Unused

H&W earnings will be contributed into an account in the employee’s name, within the Employer’s 401(k) Savings Plan.

L. Employees may enroll eligible dependents in the medical/dental/vision insurance program. The premium cost for dependent coverage will be borne by the employee through payroll deduction.

M. The actual costs of elected employee coverage(s) may change from year to year. Any changes will be conveyed to employees during the annual open enrollment period.

N. No provision of the Employer’s H&W Plan is subject to grievance.

SECTION 12.2 401(K) EMPLOYEE CONTRIBUTIONS

Employees shall be eligible to make additional, non-matching, contributions within the terms and conditions of the 401(K) Savings Plan.

SECTION 12.3 OTHER BENEFITS

The Company may choose to offer additional fringe benefits to all Court Security Officers employed by the Company.

SECTION 12.4 UNIFORM MAINTENANCE

The Company will pay the Employee an allowance on all hours worked, up to 40 hours per week. This benefit is payable in cash to each individual employee. Uniform Maintenance payments may not be used to fund plan benefits except by mutual agreement of the Union and the Company. These terms apply to any successor to this CBA.

See Appendices for Uniform Allowance rates.

The Company will provide all cold and inclement weather gear who are assigned to outside posts as is authorized in writing and funded by the USMS. Consistent with its USMS contract, the company will allow employees a choice of a coat or blazers every two years. The company will issue uniforms on an annual basis.

ARTICLE 13 VACATIONS

SECTION 13.1 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 in the CSO program (based on the Employee's anniversary date of employment as a CSO or SSO) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

SECTION 13.2 ELIGIBLE SHARE-TIMED POSITION EMPLOYEES

Eligible share-time position Employees shall be entitled to pro-rated vacation per the schedule contained in the attached appendix, based on their individual hourly rate, the number of hours paid 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 Employee and in part as a share timed position Employee, shall receive prorated vacation benefits for that year as calculated above (per the Service Contract Act).

SECTION 13.3 SCHEDULING VACATIONS / BIDDING

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

SECTION 13.4 UNUSED VACATION

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining on an employee’s anniversary date shall be paid in cash to the Employee.

SECTION 13.5 PAY IN LIEU OF VACATION LEAVE

Any earned but unused vacation shall be paid out within 30 days after the end of an employee anniversary date of hire. Unvested vacation shall not be paid out in the event of termination of employment or resignation.

SECTION 13.6 VACATION - LAID OFF EMPLOYEES

Length of service with the Company shall continue for the purposes of vacation benefits while an Employee is on laid-off status for up to one (1) year. Employees will only vest vacation benefits upon returning to work.

SECTION 13.7 VACATION INCREMENTS

Consistent with Company approval, efficiency, and economy of operations, Employees with two (2) or more weeks of vacation may take their vacation in segments of less than one (1) week each. Vacation may be taken in no less than four (4) hour increments.

ARTICLE 14 HOLIDAYS

SECTION 14.1 HOLIDAYS DEFINED

See attached Appendices

SECTION 14.2 MISCELLANEOUS HOLIDAY PROVISIONS

A. A full-time position Employee who is not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift premium for that holiday.

B. Any full-time position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight (8) hours holiday pay at the straight time rate as described in Section 14.2a above.

C. A share timed position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee is paid during the two (2) week pay period in which the holiday occurs. A share timed position Employee shall be granted a minimum of four

(4) hours pay per holiday.

D. Any shared position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive holiday pay for the same hours worked.

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

Government designates as the Holiday. Those employees scheduled off on the U.S. Government designated Holiday, who work the actual Holiday, shall receive Holiday Pay as per Section 14.2b and 14.2d

F. Any employee who performs no work during the workweek because he is on paid leave is entitled to holiday pay and will not be charged with a vacation day for the day of the holiday observed.

ARTICLE 15

HOURS OF WORK AND OVERTIME

SECTION 15.1 Workdays 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 Company 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 15.2 Overtime

An overtime rate of time and one-half (1 1/2) of an Employee's base 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 hours in a work week.

SECTION 15.3 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 15.4 Overtime, Holiday and Extra Work Distribution

All holidays, overtime and extra work will be offered within the work site on a rotating basis. Holidays, overtime, extra work, extra time will be distributed as equitably and fairly as practicable amongst the employees. If a senior employee refuses the assignment, the assignment will be offered to the next senior employee. The process will continue until the assignment is filled. Once the assignment has been filled, the next assignment will start at the next senior employee from the employee that excepted the previous assignment. If no employee voluntarily accepts the assignment, the least senior employee must accept the assignment. In emergency situations, these assignments will be distributed at the Company’s discretion. 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.

LCSOs should not be substituted for CSO’s when assigning extra work or overtime

SECTION 15.5 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 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 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. 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 15.6 Gear-up/Gear-down and Timekeeping

Employees will comply with the Company’s Gear-up/Gear-down and Timekeeping policies, which are incorporated herein.

SECTION 15.7 Government Building Closure

The Company recognizes the fact…