12th CIRCUIT CSO-SSO (SPFPA 439) 2020-2023 - FULLY EXECUTED 9.14.20.pdf

COLLECTIVE BARGAINING AGREEMENT

between

PARAGON SYSTEMS, INC.

and the

INTERNATIONAL UNION, SECURITY, POLICE AND FIRE

PROFESSIONALS OF AMERICA (SPFPA)

AND ITS LOCAL 439

12TH FEDERAL CIRCUIT SUPERIOR COURT

COURT SECURITY OFFICERS, SPECIAL SECURITY OFFICERS

Effective Date: Date of Execution

Termination Date: October 15, 2023

ARTICLE 1 - GENERAL PROVISIONS

SECTION 1.1 - Parties

This Agreement is made and entered into upon ratification and full execution by all parties, by and between Paragon Systems, Inc., an Alabama corporation, hereinafter referred to as the "Company," and International Union, Security, Police and Fire Professionals of America (SPFPA), and its Local 439, hereinafter referred to as the "Union." This Agreement shall be effective on the date this document is fully executed and is binding upon the parties, their successors and assigns.

Should there be any conflict between the Paragon Policies and Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the Contract between Paragon Systems and the Government, and the Collective Bargaining Agreement, the Contract between Paragon and the Government will control.

SECTION 1.2 - Bargaining Unit

The bargaining unit is defined as all full-time and share-time federal Court Security Officers (CSOs) and Special Security Officers (SSOs) employed by the Company at the following location(s):

Circuit: 12th Circuit

District: District of Columbia

Jobsite(s): Superior Court, District Court, Tax Court, US Attorney’s Office, National Court and Federal Courthouses under the United States Justice Department Facilities within the Judicial boundary of the 12th Federal Circuit under the U.S. Marshals Service and any other facility designated by the USMS.

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.

All Employees are subject to the hiring requirements of the Company and the USMS. Failure to agree to the required terms disqualifies any employee. Shared time officers are subject to the Shared agreement which must be signed by all officers a condition of employment.

SECTION 1.3 - Negotiating Committee

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

SECTION 1.4 - Steward System

The Company agrees to recognize a steward system. The Union representative or its designee, Local President, Vice President, shall designate 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 taking any disciplinary action. The supervisor, at the request of the Employee, will release the union representative as soon as possible. The union representative will not be paid for time spent meeting with the Company, only upon receiving Supervisor approval of relief from duty. 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.

SECTION 1.5

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 1.6

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 1.7 - Union Security and Membership

All officers 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 officer 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.

Officers 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).

Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive

Federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

SECTION 1.8 - Dues Check Off

The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card in the form attached as Appendix C. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet, including the names, addresses, social security number and local union number of officers and the amount of dues deducted from each shall be remitted to the Secretary/Treasurer of the International Union (SPFPA) within fifteen (15) days after the first regular payday of the month.

The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

The Union agrees to indemnify the Employer against any loss or claim, which may arise as a result of The Employer's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

In the event of termination of employment, there shall be no obligation upon the Employer to collect dues until all other deductions have been made.

SECTION 1.9 Administration Fee. The Union and Employer agree that the responsibility of collecting, deducting and remitting dues places additional administrative burden and cost to the Employer. Parties agree that the Union will pay to Company as a service fee $1.00 from each dues deduction, per employee, to partially cover the administrative expense. Union and Employer understand that the administration fee is not intended to increase the amount of dues collected from the employee.

ARTICLE 2 - 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. Express verbal and written directives of the U.S. Government shall supersede all provisions of this Agreement and are not subject to the grievance procedure.

ARTICLE 3 - 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 4 - 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, the Age Discrimination in Employment Act of 1967 (herein collectively referred to as statutory claims) and applicable. 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 Articles 7 & 8 of this Agreement.

ARTICLE 5 - MANAGEMENT'S RIGHTS

SECTION 5.1 - 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; 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;

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 5.2 - 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 6 - DISCIPLINE

SECTION 6.1 - 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.

Shared time employees who fail to meet the obligations of the Shared Time Agreement will be subject to discipline.

SECTION 6.2 - 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; breach of the chain of command, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the USMS and the Court; conduct which impugns or disparages 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 privileged under specific law;

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; 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; or criminal misconduct.

SECTION 6.3 - Progressive Discipline

The Employer recognizes the principals 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.

Section 6.4 - Absenteeism

Employees are required to report and be ready for work at their required times. It shall constitute an offense for an employee to be absent from work or late reporting to work without prior authorization, unless the employee uses available sick leave to account for the absence. Sick leave may not be used to account for tardiness.

Employees shall provide as much advance notice as possible of an absence or tardiness. In no case shall notice of an absence be given less than four (4) hours in advance. Failure to provide at least four (4) hours’ notice to the Program Manager/Supervisor in advance will result in skipping of a one step in the progression of discipline described below. (There will be no skipping of a step in the event of tardiness.)

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

With respect to the first absence or late reporting within any consecutive 12-month period, a verbal reprimand will be given.

With respect to the second absence or late reporting within any consecutive 12-month period, a written reprimand will be given.

With respect to the third absence or late reporting within any consecutive 12-month period, a one-day suspension will be given.

With respect to a fourth absence or late reporting within any consecutive 12-month period, a five-day suspension will be given.

With respect to a fifth absence or late reporting within any consecutive 12-month period, the employee will be terminated.

* For the purpose of Articles 12.2 and 12.3, the term “day” will be defined as eight (8) hours.

It is expressly agreed and understood between the parties that this is a “strict liability” absentee policy.

Section 6.5 - Open Post

Notwithstanding the progression of discipline set forth in Section 12.2, if an employee’s unexcused lateness reporting to work causes an Open Post, a three-day suspension will be given on the first offense. On the second such offense within any consecutive 12-month period, a five-day suspension will be given. On the third offense within a consecutive 12- month period, the employee will be terminated.

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 such suspension 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 6.6 - Personal Electronics

The use of 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. 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.

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

An employee with a bona fide emergency need to have means of contact with family members while on duty (such as hospitalization of a family member) shall notify his or her supervisor of the need and make arrangements with the supervisor to communicate emergency messages.

Section 6.7 – Notice to Employee of Discipline

Employer agrees to provide a copy of the signed Suspension Part B form to the employee by email as soon as possible after the conclusion of a discipline case, but no later than within three days of the employee’s return to work or termination.

ARTICLE 7 - GRIEVANCE

SECTION 7.1 - Intent

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

5. Either party to this CBA my file a Grievance under this Article.

SECTION 7.2 - General Provisions

The number of days outlined in Section 7.3 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. Company non response to a grievance at any step is a denial by the company.

SECTION 7.3 - Grievance Procedure

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

1. Step One - Informal Resolution with Supervisor

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

2. Step Two - Local Resolution with Program Manager

If the matter is not resolved informally at Step One, 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 Contract Manager or his designee with a copy to the Company’s HR Director. The Contract Manager or designee shall have ten (10) days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved Employee and the Union representative.

3. Step Three - Corporate Resolution with Labor Relations

If the grievance is not settled at Step Two, the grievance may be appealed in writing to the Company's Vice-President of Labor Relations or her designee not later than fifteen (15) days from the denial by the Contract Manager or designee. The Vice-President of Labor Relations 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. Step 3 grievances shall be submitted by email to the Corporate address for receipt of Step 3 grievances at grievances@parasys.com. Should the Company choose to file a Grievance, they will do so at this step.

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 13.3.

C. Representation. Employee shall be permitted to have a Union Representative at each step of the grievance procedure.

D. The Union and the Company may mutually agree to waive the time limits set forth mailto:grievances@parasys.com in this Article if the waiver is expressly agreed to in writing.

4. Class Actions

The Union shall have the right to file a group grievance (class action) involving more than

(1) one employee. Class Actions shall start at Step Two. However, a group grievance may not proceed to arbitration on a group basis without the written consent of Union and Labor Relations. In the absence of consent, any group grievance submitted to arbitration must be heard on an individual basis. All class actions are subject to the same requirements of Section 7.3(A) through Section 7.3(D) that apply to the filing of a grievance.

SECTION 7.4 - Grievance for Discipline

Any grievance involving discharge or suspension shall automatically commence at Step 3. The written grievance shall be presented to the Vice President of Labor Relations or his/her designee within fifteen (15) days after the occurrence of the facts giving rise to the Grievance.

SECTION 7.5 - Individual Grievances

No individual may move a grievance to arbitration except through the procedures outlined in Article 7 and Article 8

ARTICLE 8 - ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 7.3 that remain unsettled may be processed to arbitration by the Union. The Union will give the Company's Vice-President of Labor Relations written notice of its desire to proceed to arbitration not later than fifteen (15) days after rejection of the grievance at Step Three. Grievances which have been processed in accordance with the requirements of Section 6.3 which remain unsettled shall be processed in accordance with the following procedures and limitations:

SECTION 8.1 Selection of an Arbitrator

Within fifteen (15) days providing written notice of its desire to proceed to arbitration, the Union will request that the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven

(7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

SECTION 8.2 - Decision of the Arbitrator

The arbitrator shall commence the hearing at the earliest possible date mutually agreed to by the parties. The decision of the arbitrator shall be final and binding upon the parties to the Agreement.

Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.

SECTION 8.3 - Arbitration Expense

The arbitrator's fees and expenses, including any travel expenses and the cost of any hearing room, shall be shared equally between the parties.

SECTION 8.4 - Parties’ Expenses

Regardless of the arbitrator’s decision, each party will bear its own legal fees and costs providing the timeline have been met by the Union. See Article 7.2 failure to meet timelines by the union.

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 other expenses, including transcript costs, shall be borne by the party incurring such expenses.

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 (attached as “Addendum A”).

ARTICLE 10 - HOURS OF WORK AND OVERTIME

SECTION 10.1 - Workday and Workweek

For the purposes of this Article, a regular full time workweek between thirty-two (32) and forty

(40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shifts shall be designated at the discretion of the Employer to fulfill the needs of the 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 of work 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 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 for good cause.

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.

SECTION 10.5 - Timekeeping Policy

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

SECTION 10.6 - Rest Periods and Meal Periods

As example, 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 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. 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 10.7 - Site Specific Scheduling and Seniority

All positions covered under this CBA, CSO and SSO, are site specific. Seniority is site specific for all matters. For purposes of this CBA, the site refers to the actual building where the employees are permanently assigned. Permanent transfers, requested by the employee, will not be considered until the employee has worked two years at any assigned location. The Company reserves to the right to transfer employees to meet staffing needs of the Company or government anywhere in the 12th Circuit at the Company’s discretion on a rotating basis. Transfers shall not exceed 90 days.

Disciplinary transfers do not apply to this section. If an employee is transferred outside of the 12th Circuit, the company will give the employee 14-day notice unless there is an emergency. In the case of an emergency, any transfer is at the company’s discretion.

ARTICLE 11 - WORK SHIFTS AND PAYMENT POLICIES

SECTION 11.1 - Payday

Workweek. The Company's workweek shall consist of seven (7) days, beginning on Friday at 12:00 a.m. and ending the following Thursday at 11:59 p.m.

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 and all employee pay information is available via e-hub.

SECTION 11.2 - 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, 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 72 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.

ARTICLE 12 - LEAVES OF ABSENCE AND HOLIDAYS

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 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.

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.

Leaves of absence may be taken only with written approval of the Employer.

Section 12.2 - Sick/Personal Leave with Pay

It is understood and agreed that each regular full-time employee has received fifty-six (56) hours of sick/personal days, effective October 1, 2019 in the predecessor CBA. Part-time employees have received a pro-rated vesting. That leave time shall remain in effect, subject to the limitations set forth in the predecessor CBA, through September 30, 2020.

A. Effective October 1, 2020, all non-probationary full-time employees employed as of that date will be allotted fifty-six (56) hours of sick/personal leave as an advance to be earned out and used during the calendar year between October 1 and September 30 of the following year. In the event the employee terminates employment during the year without fully earning the advance, the shortage will be recouped by the Company as set forth in Paragraph D below.

B. Effective October 1, 2021, all non-probationary full-time employees employed as of that date will be allotted sixty-four (64) hours of sick/personal leave as an advance to be earned out and used during the calendar year between October 1 and September 30 of the following year. In the event the employee terminates employment during the year without fully earning the advance, the shortage will be recouped by the Company as set forth in Paragraph D below..

C. Effective October 1, 2022, all non-probationary full-time employees employed as of that date will be allotted seventy-two (72) hours of sick/personal leave as an advance to be earned out and used during the calendar year between October 1 and September 30 of the following year.

In the event the employee terminates employment during the year without fully earning the advance, the shortage will be recouped by the Company as set forth in Paragraph D below.

D. Termination of Employment. Upon termination of employment, Employee will be paid for any unused, earned sick/personal leave, based upon the number of duty hours the Employee worked during that Contract Year against the full time standard of 1,664 hours. If the

Employee has used more sick/personal leave than he/she earned based upon the number of duty hours worked on the contract against the full time standard of 1,664 hours, the amount of the overage will be deducted from the Employee’s final paycheck.

E. Eligible part-time employees shall be entitled to pro-rated sick/personal leave at their straight-time rate based on the number of hours worked in the previous year, divided by 1664 (to a maximum of 56 hours). Employees who commence service on the contract between the eligibility dates set forth above shall be entitled to accrue sick/personal leave at the rate of one (1) hour of sick leave for every thirty (30) hours of duty time, to a maximum of 56 hours, until they reach the following eligibility date. Upon termination of employment, any unused sick/personal leave for part-time employees shall be handled in accordance with Paragraph D, above.

F. Rate of Pay. All time payable under this Article shall be compensated at the straight-time rate of pay set that was in effect at the time such leave accrued.

G. Purpose. Employees may take this time as sick leave for their own illness or for the purpose of caring for a family member. Employees may take this time as personal leave only by prearrangement with the employer; personal leave must be requested at least fourteen (14) days in advance unless otherwise authorized by the employee’s supervisor, and must be granted in writing in order to be authorized. The Company reserves the right to deny the use of personal leave contingent upon manning requirements at the site, but will not unreasonably deny such requests.

Sick leave may not be used to excuse tardiness.

H. Notice of Absence & Unused Leave Cash out. Employees taking the time as sick leave, without preauthorization, must call in at least four (4) hours prior to the start of shift in order to receive compensation for the sick leave. Unused sick/personal leave shall be paid out in cash each October, and shall be paid at the straight time rate of pay that was in effect at the time such leave was accrued.

I. Not hours worked. Sick and personal leave shall not be deemed hours of work for the purposes of computing overtime or other premium pay under this Agreement, nor shall fringe benefits accrue during such leave. An employee may not take sick leave in increments of less than four (4) hours; an employee may not take personal leave in increments of less than two (2) hours.

J. Vacation for Sick. An employee with sick/personal leave remaining on the books may not use vacation time to compensate for time lost due to illness or injury. An employee must exhaust his or her sick leave before using vacation time for that purpose.

K. Doctors Note. An employee who has been absent due to illness for three (3) consecutive duty days shall be required to provide verification from a physician licensed by the state of the employee’s residence confirming the employee's illness and authorization for absence from work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.

SECTION 12.3 – Vacation. All employees will earn vacation in accordance with terms for Vacation in Addendum A of this Agreement.

SECTION 12.4 - Medical Leave

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

The Company agrees to make its best efforts to accommodate every Employee’s need for extended medical leave, even if the site does not qualify for FMLA under the provisions of the law.

During medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor, which establishes the fitness of the

Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment.

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

Employees must use all paid personal leave prior to beginning approved FMLA leave.

SECTION 12.5 - Military Leave

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

SECTION 12.6 - Union Leave

The Union Delegates (up to a maximum of 3) will be granted an unpaid leave of absence for up to a maximum of ten (10) days per contract year upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staffing requirements permit. The Company shall respond, in writing, within five (5) days to the Employee’s written request. More time will be granted upon mutual agreement between the Company and the Union.

SECTION 12.7 - Unpaid Leaves of Absence

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

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

All requests for unpaid leaves of absence shall be submitted in writing to the Contract Manager or designee at least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified personal emergencies, and include:

1. The reasons for such leave;

2. The effective dates of such leave;

3. The estimated date of return to work.

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

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

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

5. Extensions of the leave of absence may be granted at the sole discretion of the

Employer, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days.

SECTION 12.8 Holidays Eligibility. All employees will receive paid leave for ten (10) holidays as set forth in the Addendum and as described herein. Upon official declaration by U.S. Congress of any new federal holiday that is not named in the Addendum, all employees will receive one additional day of paid leave for that holiday subject to all rates and limitations in this Section 12.8.

Employees must work the day before and the day after a holiday to receive the holiday benefit, provided the day before and the day after a holiday is not the employee's regularly scheduled day off, or the employee was on a pre-approved leave day.

An employee who is requested and agrees to work on any of the above named holidays, but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline up to and including discharge in accordance with the Absenteeism provisions of this Agreement.

It is expressly agreed and understood that employees shall not be entitled to holiday pay when on leave, including leave taken under state workers' compensation laws.

1. Rate of Pay. An eligible full -time employee who is not required to work a holiday shall be paid eight (8) hours pay at his or her straight time rate of pay. An eligible full-time employee assigned to work on a holiday will receive their straight- time wage, together with applicable Health and Welfare benefits and other fringe benefits, for all hours worked plus the eight (8) hours holiday pay specified above.

2. An eligible part-time employee who is not required to work on a holiday shall be paid a proration of the full-time holiday benefit based upon his or her average weekly hours for the previous two (2) weeks' work. An eligible part-time Employee, assigned to work on a holiday, will receive his or her straight-time wage for all hours worked plus a proration of the full-time holiday benefit up to eight (8) hours based upon their average weekly hours for the previous two (2) weeks work. Holiday pay that is prorated under this Article shall be rounded up or down to the nearest whole hour.

3. Hours which an employee does not work but for which he or she is compensated under this Article shall not be considered hours worked for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

4. All employees covered by this Agreement will receive holiday pay only on the day the holiday is observed by the client. (E.g., if the holiday falls on a weekend and is observed the following Monday, employees will receive holiday pay only for the Monday on which the holiday was observed, not the weekend day upon which it falls.)

5. Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.

6. Time paid for but not worked as a Holiday shall not be considered as time worked for the purpose of computing weekly overtime.

ARTICLE 13 - MISCELLANEOUS PROVISIONS

SECTION 13.1 - Bulletin Boards

The Employer will make its best effort to obtain a space from the U.S. Government for Union to locate a Union-provided bulletin board that will be used by the Union for posting notices of meetings, elections, appointments, recreational and social affairs, and other Union notices. The provision of these facilities is the prerogative of the U.S. Government, who owns and controls all worksite facilities.

SECTION 13.2 - Physical Examinations

The Employer shall pay for one physical/medical examination and one medical follow-up exam as required by the Employer and/or the U.S. Government after the company has been reimbursed by the Government. The Employer has the right to choose the physician who will perform the physical exam and pre-approve any expenses.

Employees must pass the physical exam prescribed by the Employer’s contract with the U.S.

Government in order to be employed and to maintain employment.

The Employer will pay for up to two hours total for the time required for the Employee to take required physical exams and medical follow-ups. If, when the appointment is going to exceed two

(2) hours, the Employee will call into the Site Supervisor or designee to inform them of the delay and request approval for additional time off.

SECTION 13.3 - Travel Expenses

Travel expenses will be paid in accordance with applicable Federal Travel Regulations. Any workday that includes travel and totals over twelve (12) hours may require the Employee to stay overnight, and the Company will pay all approved expenses including mileage, meals and lodging.

It is agreed that any travel time beyond 60 minutes shall be compensated at the straight-time rate set forth in this Agreement, with the appropriate overtime wages provided for under this Agreement. Employees will be reimbursed for all authorized expenditures of any authorized travel within thirty (30) days from the day the Employer receives the properly completed travel voucher and all required receipts.

SECTION 13.4 - Break Rooms

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

SECTION 13.5 - Lockers

The Employer will make its best effort to obtain lockers from the U.S. Government for the use of the CSOs. The Employer agrees to make its best effort to support any Union request for separate Locker/Changing facilities. The providing of these facilities is the prerogative of the U.S.

Government.

SECTION 13.6 - Union Business Prohibited On Duty

Neither Union officials nor Union members shall, during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances as described in this Agreement. No employee may leave their post without permission from the Employer under any circumstances, unless there is appropriate Government permission granted.

SECTION 13.7 - Safety Policy

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