CBA-2016-8719_Rev_2_(NY)___2016-8721_Rev_2_(NJ)_0004.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-8721 Diane Koplewski Division of | Revision No.: 2 Director Wage Determinations| Date Of Last Revision: 2/19/2019 State: New Jersey

Area: Hudson

Employed on U.S. Dept. of the Interior, National Park Service, Northeast Region, Services MABO contract for Unarmed Security Guard Services. PSC: S206, Housekeeping - Guard.

Collective Bargaining Agreement between contractor: FJC Security Services Inc., and union: Service Employees International Union Local 32BJ, effective 12/20/2018 through 10/31/2021 and amended on 12/20/2018.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

2/19/2019https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2016-8721

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-8719 Diane Koplewski Division of | Revision No.: 2 Director Wage Determinations| Date Of Last Revision: 2/19/2019 State: New York

Area: New York

Employed on U.S. Dept. of the Interior, National Park Service, Northeast Region, Services Major Acquisition Buyi contract for Unarmed Security Guard Services. PSC: S206, Housekeeping - Guard..

Collective Bargaining Agreement between contractor: FJC Security Services Inc., and union: Service Employees International Union Local 32BJ, effective 12/20/2018 through 10/31/2021 and amended on 12/20/2018.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

2/19/2019https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2016-8719

Rider Agreement Between

FJC Security Services and

SEIU Local 32BJ

December 20, 2018 through October 31, 2021

National Parks Service - Security Officers and Alarm Monitors at Battery Park Coast Guard Station, Ellis Island, Liberty Island, and Liberty State Park

Contents

ARTICLE 1: UNION SECURITY

ARTICLE 2: CHECK-OFF

ARTICLE 3: PROBATIONARY EMPLOYEES

ARTICLE 4: UNION RIGHTS

ARTICLE 5: MANAGEMENT RIGHTS

ARTICLE 6: NO DISCRIMINATION

ARTICLE 7: NO STRIKE, PICKETING, OR OTHER INTERRUPTION OF WORK

ARTICLE 8: TRAINING AND REQUALIFICATION

ARTICLE 9: WORKWEEK/SCHEDULE/PAY

ARTICLE 10: LEAVES OF ABSENCE

ARTICLE 11: UNIFORMS AND EQUIPMENT

ARTICLE 12: HOLIDAYS

ARTICLE 13: VACATION & PAID TIME OFF

ARTICLE 14: DISCHARGE AND DISCIPLINE

ARTICLE 15: SENIORITY

ARTICLE 16: CONTRACTOR TRANSITION

ARTICLE 17: WAGES

ARTICLE 18: DRUG TESTING AND BACKGROUND CHECKS

ARTICLE 19: HEALTH, RETIREMENT AND WELFARE

ARTICLE 20: PROVISIONS APPLICABLE TO ALL FUNDS

ARTICLE 21: GRIEVANCE AND ARBITRATION

ARTICLE 22: SUCCESSORS AND ASSIGNS

ARTICLE 23: DURATION

ARTICLE 24: SAVINGS CLAUSE

ARTICLE 25: COMPLETE AGREEMENT

ARTICLE 26: LABOR MANAGEMENT COMMITTEE

Article 27: DOSIMETERS

Article 28: POSTING

Article 29: NEW CLASSIFICATION

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WHEREAS, SEIU Local 32BJ ("Local 32BJ" or the "Union) and FJC Security Services Inc.

("FJC", "Company", or the "Employer") are parties to a 2016-2020 New York City Collective Bargaining Agreement (the "NYC Agreement");

NOW THEREFORE, the NYC Agreement and its successor agreement shall apply as modified below to the Employer's National Park Service Accounts locations covered by the NPS Task Order No. P16PD01729~

ARTICLE 1: UNION SECURITY

The following provisions from the NYC Agreement shall apply:

It shall be a condition of employment that all employees covered by this Agreement shall become and remain members of the Union on the thirty-first (31st) day following the date of execution of this Rider Agreement or their employment, whichever is later. The requirement of membership under this Article is satisfied by the payment of the financial obligations of the Union's initiation fee and periodic dues uniformly imposed. The Union shall not ask or require the Employer to discharge any employee except in compliance with the law.

Upon receipt by the Employer of a letter from the Union's Secretary-Treasurer requesting the discharge of an employee because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, the employee shall be discharged within sixty (60) days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.

The Union shall have the right to inspect the Employer's payroll-related records, including Social Security reports, payroll reports, and any other records of employment (except the salaries of non-Union supervisors) in order to determine compliance with this Agreement. All benefit funds established or provided for under this Agreement shall have the same right to inspect as the Union.

The Employer shall make known to any new hire his or her obligations under this provision, and present such new hire at that time, union membership materials including a membership application and voluntary payroll deduction authorization.

ARTICLE 2: CHECK-OFF

The following provisions from the NYC Agreement shall apply:

The Employer agrees to deduct from the first paycheck of each month, the monthly dues, initiation fees, agency fees, and American Dream Fund or Political Action Fund contributions, and all legal assessments due to the Union from the wages of an employee covered by this Agreement, when authorized by the employee in writing in accordance with applicable law.

The Employer agrees that such deductions shall constitute Trust Funds that will be forwarded to the Union not later than the twentieth (20th) day of each and every month. The Union will furnish to the Employer the necessary authorization forms.

Deductions from employees' paychecks shall be transmitted to the Union electronically via ACH or wire transfer utilizing the 32BJ self-service portal, unless the Union directs, in writing, that deductions be remitted by means other than electronic transmittals. The Union shall specify reasonable information to be recorded and/or transmitted by the Employer, as necessary and consistent with this Agreement.

If the Employer fails to deduct or remit to the Union dues or other monies in accordance with the preceding paragraph by the 46th day from the date the monies should have been withheld and remitted, the Employer shall pay interest on such dues at the rate of one-percent per month beginning on the thirtieth (30th) day, unless the Employer can demonstrate the delay was for good cause due to circumstances beyond its control, including any delays caused by or resulting from the Employers transition to electronic reporting.

The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with any of the provisions of this Article or in reliance on any list, notice, or assignment furnished under any of these provisions.

If an employee does not revoke his or her dues check-off authorization at the end of the year following the date of authorization, or at the end of the current contract, whichever is earlier, the employee shall be deemed to have renewed his or her authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. Any provisions related to the electronic reporting of dues and/or political action fund deductions that are agreed to in the successor agreement to the parties current NYC Agreement shall apply.

ARTICLE 3: PROBATIONARY EMPLOYEES

Employees shall have a trial or probationary period of ninety (90) days commencing on the first day they perform duties under the NPS contract during which they may be discharged or disciplined without recourse to the grievance and arbitration procedure set forth below.

Employees shall be entitled to the wages and benefits set forth in this agreement commencing the first day they preform duties under the NPS contract. There shall not be two (2) probationary periods and employees transferred from other Employer locations shall not be required to serve a second probationary period.

ARTICLE 4: UNION RIGHTS

4.1 Stewards: The following provision of the NYC Agreement shall apply:

At account locations where there is a shop steward, employees shall have the right to have a shop steward present at any investigatory meeting that the employee reasonably believes may lead to discipline. To effectuate the presence of such an individual, the employee must request the presence of the shop steward. If a shop steward is not available, the employee may request the presence of another unit employee as a witness.

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4.2 Steward Authority: The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in disciplinary interviews;

(2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without-receiving approval to depart from the appropriate manager. Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline under Article 12 of this Agreement. Stewards shall not be compensated by the company for performing their duties as a shop steward.

4.3. Union Postings: If permitted by the National Park Service, the Union may use bulletin boards or other methods of communication, to post notices relating to official Union business or otherwise communicate with employees at facilities where employees work. An officer of the Union or Shop Steward shall sign all Union notices posted.

4.4 Union Visitation: The following provision of the NYC Agreement shall apply.

At the locations where the customer provides a break room and with the customer's approval (if necessary) the Employer shall allocate the Union wall space in each' break room at each work site to mount a bulletin board exclusively for Union announcements, meeting notices and materials relating to other union business. The Union or its members shall not post on the bulletin boards disparaging material about the Employer or its clients, its employees, its services or its affiliated companies. The Union shall bear the cost of the acquisition, installation and maintenance of the bulletin board.

Union stewards and union staff shall have access to company break rooms to talk with employees during their break time and lunch periods, subject to customer rules and regulations.

ARTICLE 5: MANAGEMENT RIGHTS

The Management Rights provisions of the NYC Agreement shall apply, as modified below.

5.1 Subject to the terms of this Agreement, the Employer shall have the exclusive right to manage and direct the workforce covered by this Agreement and to take any action it deems appropriate in the management of its business and direction of the workforce in accordance with its sole and exclusive judgment. The Employer shall have the right to plan, direct and control all operations performed at the various locations served by the Employer; to direct, schedule, assign, reassign and remove the workforce; to determine the methods, procedures, equipment, operations and/or services to be utilized and/or provided and/or to discontinue their performance by the employees of the Employer; to determine the pay week cycle, to establish, increase or decrease the number of work shifts, their starting and ending times, to

5 of28 reduce the workforce as necessary; to require duties other than normally assigned be performed; to select supervisory employees; to train employees; to relieve employees from duty for lack of work or any other legitimate reason; to discipline (up to or including discharge) employees as provided herein; or to cease operations at any location. The Employer shall have the right to subcontract upon two (2) weeks written notice to the Union, where required by the client or Company needs but not for the purpos~ of evading the obligations of this Agreement.

Where the Employer is permitted to subcontract, as set forth herein, the subcontractor will be required to provide its covered employees assigned to the NPS Sites with the same economic terms, including economically equivalent health and welfare supplements as those required by this Agreement.

In no case shall this Article be used for the purpose of unlawfully discriminating against any employees.

5.2 The Employer shall also have the right to promulgate post and enforce reasonable rules and regulations governing the conduct of employees during working hours. In any arbitration in which an Employer's rule or regulation is found to be unreasonable, the arbitrator may only order rescission of the rule or regulation, and may not modify or alter the rule or regulation in any manner.

5.3 The foregoing statements of management rights and Employer functions are not exclusive, and shall not be construed to limit or exclude any other inherent management rights not specifically enumerated.

5.4 Government Action: The Union recognizes that the Employer provides a service of critical importance to the customer. If a customer/tenant demands that the Employer remove an employee from further employment at a location, the Employer shall have the right to comply with such demand. Upon the Union's request, the Employer will advise the Union of information it has relating to the customer's complaint, make reasonable efforts to secure from the customer a written confirmation of the customer's request, and upon the Union's request shall provide a copy of the Company request to the Union. However, unless the Employer has cause to discharge the employee, the Employer will place the employee in a job at another facility covered by Article 1.1 the parties' NYC Agreement without loss of entitlement seniority or reduction in pay or benefits. If the Employer has no other accounts within Article 1.1 of the parties' NYC Agreement where there are positions at the employee's same wage level, then the employee shall be placed at another location of the Employer in a lower wage category or, at the employee's option, may be laid off with the right, subject to the Employer's suitability determination, to fill positions that may become available within three (3) months if the Employer obtains another account within Article 1.1 of the parties' NYC Agreement. In order to be placed at another location as set forth above, the employee must satisfy the applicable qualifications at that location under the Employer's service contract with the customer.

5.5 Transfers or removals of employees shall not be arbitrary, retaliatory or in violation of the No Discrimination Article. The Employer shall promptly notify the Union, where possible in advance, of any reductions in the number of employees assigned to any work location covered by this Agreement. In the event of reductions in total hours at an account, absent agreement by the Union, the Employer shall make its best efforts to implement reductions in reverse order of seniority, in such a manner as to reduce the staffing complement and not the number of hours worked by employees.

ARTICLE 6: NO DISCRIMINATION

6.1 The Employer shall provide equal opportunity for all employees and applicants for employment and shall not engage in unlawful discrimination as to race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, citizen status, union membership, or any other protected characteristics, In all employment decisions, Including but not limited to, recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, lay-off, and termination, and all other terms and conditions of employment.

6.2 It is specifically acknowledged that Employer shall promote and provide equal employment opportunity to applicants and employees. "Equal employment opportunity" means the treatment of all employees and applicants for employment without unlawful discrimination as to race, creed, color, national origin, sex, age, disability, marital status, sexual orientation or citizenship status in all employment decisions, including but not limited to recruitment, hiring , compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, lay-off and termination, and all other terms and conditions of employment.

ARTICLE 7: NO STRIKE, PICKETING, OR OTHER INTERRUPTION OF WORK

The following provisions of the NYC Agreement shall apply:

7.1 There shall be no strikes (including unfair labor practice or sympathy strikes), picketing, work stoppages or job actions by employees or the Union, relating to this bargaining unit, or lockouts, during the term of this Agreement. In the event of a strike of another labor group or the Union involving the customer's property or operations, the employees will remain on the job for protection of life, limb, and property, and not be required to assume duties outside the scope of this Agreement. The Union shall use its best efforts to ensure that there are no strikes, pickets, work stoppages or job actions.

7.2 The Union acknowledges that security officers' duties may include the apprehension, identification and reporting of, and giving evidence against, any persons who perform or conduct themselves in violation of work rules or applicable laws while on the Employer's or the customer's premises, and that the performance of such duties shall not subject security officers to punishment, discipline or charges by the Union.

ARTICLE 8: TRAINING AND REQUALIFICATION

8.1 The Employer shall schedule, in a timely manner, full-time and part-time employees to obtain any government required physical examination_including random drug screening at no expense to the employee (only for one examination). If an employee does not appear for or obtain his/her government required physical examinations prior to the time by which it must be obtained, Employee will be removed from the schedule until such time he/she secures said physical, but in no case longer than two (2) weeks.

Subject to NPS requirements and rules, the employee shall have two (2) opportunities to pass the physical examination. If the employee fails to do so or fails to report for a scheduled examination, (unless such failure is the result of a documented emergency circumstance), the employee shall be removed from the site. An employee who is removed from the site due to a failure to pass the physical examination shall be either placed in a vacant position or on a recall list in accordance with Article 5.4 above. (Note, permission to work requires medical sign off.

Medical requirements are under the control of government and subject to change per the government's directive.)

8.2 If an employee does not successfully complete and pass his/her government required NPS, First Aid and/or CPR examination prior to the time by which such examinations must be taken and passed, the employee shall be removed from the schedule, until such time as he/she secures the required First Aid/CPR certification, in no case longer than two (2) weeks. The employee will have two (2) opportunities to pass the First Aid/ CPR examinations. If the employee fails to do so, or fails to report for a scheduled examination, (unless such failure is the result of a documented emergency circumstance), the employee shall be removed from the site.

8.3 The parties will agree on the training curriculum, the schedule on which employees must complete their annual cycle of training, the individuals who shall provide instruction relative to said training, the location of said training, the branding of said training, and the payment due any respective party for their involvement in or expenses associated with said training. The Employer may require additional training for employees tailored to classifications that the Employer may establish or for other reasons that it determines.

Except as otherwise provided herein, all government mandated training specifically required for the performance of services related to the NPS Contract shall be compensated as set forth in the CBA and any successor CBA.

The parties acknowledge that time incurred by employees to participate in any and all State mandated training required in order for them to obtain or maintain State security guard registrations/licenses (including armed licenses) shall not be compensable. The parties agree that such training is for the benefit of the employees and may be used by employees in connection with work performed for or on behalf of other employers.

ARTICLE 9: WORKWEEK/ SCHEDULE/ PAY

9.1 In the event an employee reports to work for his/her regularly scheduled shift without having been notified not to report, and work is not available, the employee shall be paid four

(4) hours reporting pay at his/her regular rate of pay. An employee that is required to report to work outside of his or her regular work schedule shall be guaranteed a minimum of four (4) hours of work or four (4) hours of pay at straight time in lieu thereof; provided, the Company shall not be required to pay such reporting pay to employees who are required by the Company to report for meetings, training and other Company-sponsored events (such employees, however, shall be guaranteed a minimum of two (2) hours of work or two (2) hours pay in lieu thereof). It is expressly agreed and understood between the parties that "report to work" under this Section does not include instances where an employee is held over on his or her shift or is otherwise required to remain on duty after reporting to work. Time for all such instances shall be paid for time actually worked.

Overtime pay is calculated at one and one-half (1-1/2) times the employee's straight rate for all hours of work in excess of forty (40) hours of actual work in any single workweek. There will not be any pyramiding of hours worked. Only hours actually worked will be recognized in determining overtime eligibility.

In the event that an employee is late he/she shall provide the employer with at least two (2) hour notice of lateness. For disciplinary purposes, violations of this provision shall be governed by Section 14.2.

In the event that the Employer has forty-eight (48) hours of advance notice that overtime will be required, such work will be offered consistent with seniority whenever possible, provided the Employer deems the Employees qualified to perform such work. Shop stewards shall have the right to review the Employer's records reflecting the distribution of overtime hours.

The Employer shall maintain a full-time and part-time seniority list for purposes of overtime assignment only. The Employer shall refer to this list when scheduling overtime hours consistent with this section, it being understood that Employer may at its sole discretion assign overtime to part-time employees with less seniority than full-time employees and that the Employer shall have the right to require employees to work overtime in the event circumstances require same in the sole discretion of the Employer. The Employer may, in its discretion, split an overtime or extra shift into two (2) separate shifts and assign each portion of the shift to different employees. However, if an Employee refuses to work hours offered on two

(2) separate occasions, the Employee shall be removed from the roster, and the Employer will no longer be obligated to schedule the Employee for overtime in the event that overtime hours become available for five months after the second refusal.

Overtime shall be rotated based on seniority.

9.2 Payroll Dates/Method of Pay: Employees shall be paid weekly (every Friday or previous non-holiday business day), subject to change by mutual agreement of the parties. Employees shall receive pay statements itemizing hours worked, rates of pay, and any deductions from their pay. The workweek shall begin at 12:01 a.m. on each Friday and end at 11:59 p.m. on the following Thursday.

Supplemental opt out payments to employees who have opted out of Health Fund coverage in accordance with Article 19.2(E) shall be paid monthly with an itemized pay statement.

9.3 Undisputed Error: In case of an undisputed error on the part of the Company as to an employee's pay, proper adjustment will be made within one (1) week for undisputed errors over $50.00 after the Company is given written notification of the error. All other such undisputed errors will be made on the next paycheck. Employees shall notify the Company of all errors on the part of the Company as to an employee's pay within the shorter of: (1) two working days of learning of the error, or (2) two working days of when the employee should have known by reasonable diligence of the error. It is expressly agreed and understood that this Section shall apply, without limitation, to those instances where an employee has separated from employment and believes that his/her final pay was incorrect.

9.4 Direct Deposit: All employees shall be offered the option of payment of wages by direct deposit. The Union shall use its best efforts to promote the use of direct deposit by all employees. It is expressly agreed and understood that Employees who fail to elect direct deposit shall be required to obtain their weekly wages from the Company's office in Queens or, upon written request by the Employee, the Company shall mail the Employee's weekly wages to the Employee's last known address.

9.5 Personal Data: Employees shall promptly notify the Company's Director of Human Resources in writing on a Company-provided form of their proper mailing address and telephone number, and of any change of name, address, or telephone number within ten (10) business days such change. The Company shall be entitled to rely upon the last known address in the Company's official records.

9.6 In addition, the Company shall assist the Employee in obtaining an e-mail account to receive Company-related information.

For purposes of this article full-time employment is defined as working five days during a workweek.

The Employer will make reasonable best efforts to alert the employees four (4) hours in advance when the worksite is closed.

In the "peak" season in which NPS has extended hours, FJC will endeavor to provide full time employees a minimum of 40 hours per week, with no more than one day per week scheduled at a minimum of 4 hours. During this time a 45-minute unpaid meal period will be implemented for this "peak" season period. It is further agreed that at any location where employees receive a paid meal period such meal period will not be considered time worked.

During the "off peak" season in which NPS has informed FJC in writing of a reduction of hours, FJC shall return the meal period to the 30-minute unpaid practice and will inform the Union in writing of the change. At least fifty-six (56) employees shall be assigned to work five (5) full days per week during the "off peak" season; provided that in the event the NPS reduces hours the parties shall bargain the number of employees to be assigned five (5) full days.

In both the peak and off-peak seasons, there will be no change to the work schedules for bargaining unit members assigned to the Liberty Command Center, and they will continue to receive benefits as full-time employees in accordance with the NPS Rider notwithstanding the fact that they may work fewer than five (5) days per week, provided they work at least 34 hours per week.

9.7 Government Shutdown: In the event that employees are furloughed or otherwise not permitted to work due to a government shutdown, the Employer shall pay employees, and benefits plans provided for herein, for lost time to the extent that it receives payment from the government for said unworked hours. Further, the Employer agrees to make its best efforts to obtain payment or price adjustments that may be available in connection with such a shutdown lasting more than one week. Further, in the event of a Government Shutdown, employees who are furloughed may request to be paid vested and unused vacation leave.

Employees shall be permitted to swap shifts up to two (2) times per calendar year, upon written request submitted on a form approved by the Employer no less than seven (7) days prior to the requested change. Such requests shall be subject to supervisor approval, which shall not unreasonably be withheld. In the event an employee does not cover a shift which he or she agreed to swap, the employee shall be subject to discipline in accordance with the Employer's policies.

ARTICLE 10: LEAVES OF ABSENCE

10.1 Court Leave: An Employee who has completed his or her probationary period and who is required to report for jury duty shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of Three (3) work days, unless such member has been selected for a trial in such cases the maximum will extend to {10) ten work days provided, however, the Employee to be eligible for compensation, the Employee must have notified the Employer within seventy-two hours of receiving the jury duty questionnaire or notice that he or she is subject to a jury duty call. For each hour of such leave taken, the Employee will be compensated by the Employer in an amount equal to his/her straight time rate of pay, less the amount received by the Employee from the court or government agency.

The Employer shall have the right to rely on the date of the notice when establishing if reporting was made timely.

10.2 Military Leave: The Company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. ("USERRA"). Leave taken under USERRA shall be unpaid, provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.

10.3 Bereavement Leave: An employee shall be entitled to leave with pay for a maximum of twenty-four (24} scheduled work hours lost in the event of the death of the employee's parent, in-law, sibling, child, step-parent, step-child, step-sibling, or spouse, provided such leave is taken within two (2) weeks of the death of the relative. An Employee who attends a funeral for a relative that is identified in this Section 10.3 that is held outside of the continental United States shall be permitted to utilize up to one week of accrued vacation time if needed. Leave under this Section 10.3 shall be conditioned upon the employee submitting to the Company, if the Company so requests, proof of the death of the deceased and the employee's relationship to the deceased and, if leave is taken outside of the United States copies of travel documents verifying travel.

10.4 Family and Medical Leave Entitlement: An employee who has been employed by the Company or a predecessor employer to the Company's contract with the National Park Services for 12 months and who completed 1250 hours of work during the 12-month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act ("Act") in accordance with its provisions. For purposes of determining an employee's leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuring period.

10.5 Personal Leave without Pay: Once during the term of this Agreement, Employees may request an emergency leave of absence of up to thirty (30) days during non-peak times, if they have been employed at least two years. The Employer shall not unreasonably withhold approval of such leave, provided that the leave is compatible with the proper operation of the location. Emergency leave may be requested on an emergency basis, provided that the Employer may request documentation of the emergency and shall maintain the right to make a determination of whether or not leave shall be approved. Such determination shall not be unreasonable. An employee who does not have documentation available at the start of the requested leave shall be able to submit written documentation within seven (7) days of his or her return from leave. Where the duration of the leave is thirty (30) days or less, the Employee shall be restored to his /her shift at the same location.

10.6 Absence Due to Illness or Injury: An employee who is unable to perform the functions of his or her position because of illness or injury, or for other medical reasons (including dental and medical examinations) may request to use accrued but unused vacation or personal leave pursuant to the provisions of this Agreement or, alternatively, may request unpaid leave.

Approval of unpaid leave is at the Employers discretion. Leave may not be taken in less than eight (8) hour increments unless the shift that the employee works is less than eight (8) hours.

10.7 Notice of Absence: An employee who will be absent due to illness or injury or for other medical reasons (including dental and medical examinations) must provide the Company notice of his/her anticipated absence as required under this agreement regardless of the length of the anticipated absence and regardless of whether the employee seeks vacation pay for the absence. Failure to do so will result in discipline in accordance with Article 14.2.

10.8 Union Leave: The following provision of the NYC Agreement shall apply:

The Employer shall provide employees with leaves of absence for Union related activities, where practicable as determined by the Employer in accordance with its operational needs. The Union and the Employer shall discuss the number and duration of such leaves of absence in any period of time.

10.9 Rate of Pay: Except as otherwise provided in this Article 10, for any paid leave taken under this Article 10, an employee shall be compensated at the straight-time rate of pay then in effect. Except as otherwise specifically provided in this Article 10, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

10.10 Seniority: Seniority shall accumulate during any approved leave of absence.

ARTICLE 11: UNIFORMS AND EQUIPMENT

11.1 The Company shall provide at no cost to all new employees wash and wear uniforms and other equipment as required under the Company's guard service contract. It is expressly agreed and understood that the issuance of such uniforms and equipment is at the sole discretion of the Company, is subject to approval by the U.S. government and is subject to funding by the U.S. government.

11.2 Employees shall maintain, and launder uniforms and equipment issued to them, and maintains their personal appearance, in accordance with Company, NPS policy.

11.3 Upon termination of employment, Employer issued clothing and equipment shall be returned to the Employer, laundered and pressed, immediately. The Union agrees that all employees, as a condition of employment or continued employment, shall provide written authorization allowing the Employer to deduct from the employee's final paycheck, the cost of all unreturned issued clothing and equipment, unless otherwise required by law. The deduction for such missing items shall be at no cost to the Employer.

If an employee believes that a uniform or equipment item has become worn out and cannot be repaired, that item must be presented to a supervisor along with a properly complete requisition form for a replacement item. Whenever possible the uniform or equipment item will be collected by the supervisor. If the uniform or equipment item is in service at the time of such a request it must be relinquished at the time a replacement is provided. At no time will a new uniform or equipment item be provided without the worn out uniform or equipment item being returned. The Employer shall also set aside one week in October and one week in April when employees shall have the opportunity to address uniform and equipment issues.

ARTICLE 12: HOLIDAYS

12.1 Eligibility: All full-time employees will receive paid leave for the following ten (10) holidays (or holiday pay in lieu thereof if required to work the holiday):

Christmas Day

New Year's Day

Martin Luther King, Jr.'s Birthday

Presidents Day

Independence Day

Memorial Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Employees must work their full scheduled shift immediately before and after the holiday and their full holiday shift (as assigned). Provided, however, holiday benefits will not be forfeited in the event an employee does not work his/her full shift due to a shutdown or early closure of their site at the directive of the government.

Employees must work their full scheduled shift immediately before and after the holiday, unless on a previously approved paid leave for the shift immediately before or after the holiday, and their full holiday shift (as assigned). Provided, however, holiday benefits will not be forfeited in the event an employee does not work his/her full shift due to a shutdown or early closure of their site at the directive of the government. In the event an employee is late to work on the day before or after the holiday, he or she will not be eligible for the holiday pay, unless the employee is less than fifteen (15) minutes late and has provided at least two (2) hours' notice of lateness to the Employer pursuant to Article 9.1.

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 in accordance with Company policies.

For purposes of this Article 12, full-time employees shall be deemed to be those employees regularly scheduled to work a minimum of thirty (30) hours per week.

Part-time employees who are scheduled to and work their full scheduled shift the day before and the day after the holiday, as well as the holiday, if assigned, shall receive holiday pay based upon their average hours in the preceding four (4) weeks but in no case, less than four (4) hours holiday pay.

12.2 Holiday Pay: An eligible full-time employee who is not required to work on 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 for all hours worked plus the eight (8) hours holiday pay specified above. 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 overti,me.

ARTICLE 13: VACATION & PAID TIME OFF

13.1 Vacation Eligibility: All full-time employees who have been continuously employed by the Employer, or by the predecessor(s) to the contract between the Employer and NPS, shall be entitled to annual vacation pay in accordance with the following schedule.

Upon completion of one (1) year of service

Upon completion of three (3) years of service

Upon completion of five (5) years of service

Upon completion of twenty (20) years of service

80 hours

120 hours

160 hours

200 hours

Employees shall be eligible for earned vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary of the date of hire with the Company or predecessor to the contract between the Company and NPS. Vacation shall not vest, and employees shall not be entitled to vacation under the above schedule until the employee has completed each twelve (12) months of employment. If an employee separates from employment for any reason with less than one year and one day of employment with the Company or its predecessor, the employee shall not be entitled to any vacation pay. Vacation pay for full-time employees will not be prorated.

Part time employees shall be entitled to vacation pay as set forth above on a pro-rated basis only.

Pro-rated vacation shall be determined based on the hours paid to a maximum of (40) hours per week in the 52 weeks preceding the employee's anniversary date.

13.2 Vacation Scheduling: Vacation leave shall be taken at such times mutually convenient to the employee and to the Company; provided, however, the Company shall retain the final right to approve, deny, schedule and cancel all vacations. Employees may not take vacation in increments of less than twenty-four (24) hours (except when used in connection with sick leave as provided in Article 13.4). A vacation request shall be made at least thirty (30) days in advance of the date the requested vacation is to begin and shall be submitted on a form to be provided by the Company. Upon proper notification of the request, the Company agrees to promptly notify the employee of whether the requested vacation has been approved. No more than four percent (4%) of the workforce may be on vacation at any time. Conflicts in vacation scheduling shall be resolved by seniority.

Employee vacations shall be limited to a maximum of two weeks at any one time during the peak season, provided Employer may approve in its sole discretion extended vacation time based on operational needs. Employees shall not take vacation in increments of less than twenty-four (24) hours.

13.2.5 Vacation pay shall be paid prior to the start of an employee's vacation provided that the employee makes the vacation buyback request 30 days in advance.

13.3 Vacation Accrual: - An employee may not accumulate and carry over unused vacation from one year to the next. After the second year of continuous employment with the Company, and each continuous year of employment thereafter, at the employee's annual anniversary date, the employee's vested but unused vacation shall be paid to the employee.

Such vested but unused vacation shall be paid by a separate check on the first payroll date following the employee's anniversary date. At the time of termination of employment, employees shall be paid for unpaid vacation hours that have vested but have not been used, unless the Employee has been terminated for cause. However, there is no accrual or vesting of vacation eligibility before the employee's anniversary date of employment, and no segment of time smaller than one year will be considered in computing the employee's vacation eligibility.

13.4 Sick or Personal Leave with Pay: Effective January 1, 2016, all non-probationary, full time employees will receive five (5) sick days and one (1) personal day of paid leave annually.

Any sick or personal leave that is unused as of September 30 of each year shall be paid out at the end of the contract cycle each year.

Effective January 1, 2017 all non-probationary part-time employees shall be entitled to paid sick leave as set forth on a pro-rated basis only. Pro-rated sick leave shall be determined based on one hour of sick leave for every thirty hours worked up to forty (40) hours in the preceding contact cycle (October 1 through September 30). Any sick leave that is unused as of September 30 of each year shall be paid out at the end of the contract cycle each year.

Leave can be used for any reason, including an employee's: (i) mental or physical illness, injury or health condition or need for medical diagnosis; (ii) care or treatment of a mental physical illness, injury or health condition or need for preventive medical care; (iii) care of a family member Parent, sibling, child, grandchild, spouse/domestic partner, mother-in-law, father-in law, stepchildren, grandparents who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or who needs preventive medical care; (iv) closure of the Employer's place of business by order of a public official due to a public health emergency;

or (v) such employee's need to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency.

The parties agree that on an annual basis the paid leave benefits provided regular employees under this Agreement are comparable or better than those provided under the N.Y.C. Earned Sick Time Act, N.Y.C. Admin. Code §20-911 et seq. Therefore, the provisions of the Act are hereby waived.

ARTICLE 14: DISCHARGE AND DISCIPLINE

14.1 Just Cause - No employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained in this Agreement. However, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the penalty imposed by the Company for a violation of any of the following:

A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR §

101-20.3.

8. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a major penalty against the Company by the United States Government or NPS), insubordination (including, without limitation, deliberate failure to carry out assigned tasks, and conducting personal affairs during official time). The term "personal affairs" as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provisions of their care provided that such activities have been approved by the Employee's supervisor. Long distance telephone calls shall not be made at government expense.

C. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

D. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

E. Theft, vandalism, or criminal acts.

F. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Alcohol and Drug Abuse Policy set forth by the Employer.

G. Improper use of official authority or credentials.

H. Unauthorized use of communications equipment or Government property.

I. Misuse of weapon(s) or possession of any firearm or weapon on the job not authorized and issued by the Employer.

J. Violation of Government security procedures or regulations, including, without limitation, those set forth in the NPS Security policies, instructions or procedures.

K. Violation of state or federal laws regarding the possession or use of a firearm.

L. Unauthorized post abandonment.

M. Failure to cooperate with Government officials, local law enforcement authorities, or the

Company during an official investigation.

N. Falsification oftime records.

0. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.

P. Sexual, racial or verbal harassment in violation of company policy.

It is expressly agreed and understood that the Company shall have the right to establish from time to time other reasonable rules of conduct and the right to discipline, up to an including the right to terminate, for violating same.

The Employer shall have the right to determine the level of discipline.

14.2 Absenteeism shall be addressed pursuant to the terms of the Employer's standard attendance policy, a copy of which is attached to this Agreement.

14.3 Standards of Conduct: It is acknowledged and recognized that the Company is in the business of providing security services to the United States government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Company and Union that all employees shall act in a highly professional, courteous manner and shall be held responsible for their duties, functions and job requirements. Deviation from or failure to meet this standard shall constitute just cause and result in disciplinary action.

14.4 Voluntary Quits: An employee shall be deemed to have voluntarily quit employment with the Company, and the separation of the employee from the Company will not be subject to grievance and arbitration procedures of this Agreement, if:

A. An employee who takes medical leave fails to notify the Company within five (5) days after he or she is able to return to work.

B. The employee fails to report to work within twenty-four (24) hours after the expiration of a leave of absence without contacting the Company, except…