Amendment_0002__SF30_and_CBA_4.pdf

(x)

140R3023R0002 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Boulder City NV 89005

R30

500 Fir Street Regional Office Lower Colorado Region Bureau of Reclamation

01/20/20230002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/20/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Period of Performance: 05/01/2023 to 04/30/2024

PURPOSE OF AMENDMENT: The purpose of this amendment is to revise an attachment.

DESCRIPTION OF CHANGES:

1. Remove Attachment 5, Collective Bargaining Agreement and replace with Revised Attachment

5, Collective Bargaining Agreement, including Appendix A and B.

RECEIPT OF PROPOSALS: The date and time for receipt of proposals is not extended; proposals are due February 21, 2023 by 12:00 PM PT

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Aimee Amador

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R3023R0002/0002

ACKNOWLEDGEMENT: This amendment must be acknowledged. Please refer to Block 11 on this form.

ACQUISITION OFFICE POINT OF CONTACT: Kristen

Turner at khturner@usbr.gov

ATTACHMENTS ADDED:

Revised Attachment 5, Collective Bargaining

Agreement

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

COLLECTIVE BARGAINING AGREEMENT

between

Chenega Infinity, LLC and

Industrial, Technical Professional Employees Union/OPEIU Local 4873, AFL-CIO

AT

HOOVER DAM, NV

Government Contract # 140R30-18-C-0008

(and any and all successor contract numbers)

DURATION DATES:

2/6/23 – 4/30/26

Revised Attachment 5, Collective Bargaining Agreement, 140R3023R0002 Amendment 0002

PREAMBLE

ARTICLE 1 - UNION RECOGNITION

ARTICLE 2 - UNION MEMBERSHIP AND CHECK-OFF

ARTICLE 3 - EQUAL OPPORTUNITY

ARTICLE 4 - ACCESS TO FACILJTY

ARTICLE 5 - PROBATIONARY PERIOD

ARTICLE 6 - SENIORITY

ARTICLE 7 - DISCIPLINE

ARTICLE 8 - GRIEVANCE PROCEDURE

ARTICLE 9 - ARBITRATION

ARTICLE 10 - MILITARY LEAVE

ARTICLE 11 - LEAVE OF ABSENCE

ARTICLE 12 - SHOP STEWARDS

ARTICLE 13 - WAGES

ARTICLE 14 - HOURS OF WORK AND OVERTIME

ARTICLE 15 - HEALTH AND WELFARE

ARTICLE 16 - VACATION

ARTICLE 17 - HOLIDAYS

ARTICLE 18 - UNIFORMS

ARTICLE 19 - JURY DUTY

ARTICLE 20 - COMPANY REGULATIONS

ARTICLE 21 - NO STRIKE - NO LOCKOUT

ARTICLE 22 - EMPLOYEE INJURY

ARTICLE 23 - DRUG AND ALCOHOL POLICY

ARTICLE 24 - GOVERNMENT REQUIREMENTS

ARTICLE 25 - GENERAL

ARTICLE 26 - MANAGEMENT RIGHTS

ARTICLE 27 - SUCCESSORS & ASSIGNS

ARTICLE 28 - TERM AND DURATION

APPENDIX A

APPENDIX B

PREAMBLE

THIS AGREEMENT is entered into by and between Chenega Infinity, LLC (the

“Company”) and Industrial, Technical Professional Employees Union / OPEIU Local 4873, AFL-

CIO (“ITPEU” or the (“Union”) as representative of all full-time and regular part-time Armed

Security Guards (the “Employees”) working at the Hoover Dam (the “Site”) in Nevada.

Collectively the Company and the Union are referred to as the “Parties”. The purpose of this

Agreement is to promote the mutual interest of the Employees and the Company, to further the efficiency and economy of operations, to provide orderly and equitable dispositions of grievances and a method for the establishment of fair wages, hours and working conditions. In making this

Agreement, it is recognized to be the duty of the Parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

ARTICLE 1 - UNION RECOGNITION

SECTION A

The Company recognizes the Union as the sole bargaining agent of all Employees covered by this Agreement, excluding all other employees, office clericals, professional employees, managers and supervisors as defined in Section 2(11) of the National Labor Relations Act.

SECTION B

Whenever the words “Employee” or “Employees” are used in this Agreement, they designate only such Employees as are covered by this Agreement. Whenever in this Agreement

Employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female Employees.

SECTION C

It is understood by this Section that the Parties hereto shall not use a leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer wherever this Agreement is applicable.

ARTICLE 2 - UNION MEMBERSHIP AND CHECK-OFF

SECTION A

The Parties agree that all Employees will be informed that the Union is the sole and exclusive Collective Bargaining Agency for the Employees in the bargaining unit, and accordingly, they are represented by the Union for Collective Bargaining purposes. New hires will be referred to the appropriate local Union Representative for information concerning membership and check off of Union dues and, upon request, they will be given a copy of the

Collective Bargaining Agreement by the Union. A local Union Representative will be afforded fifteen (15) minutes with each new hire for these purposes.

The right of Employees to work shall not be denied or abridged on account of membership or non-membership in the Union.

SECTION B

Subject to the limitations of state or federal law, the Company agrees to deduct from the first paycheck each calendar month in which the Employee has sufficient net earnings, the uniform

Union membership dues levied by the Union for each Employee who has completed and provided to the Company a voluntary, signed written authorization permitting the Company to make such deductions and remit them to the Union. The Company will be advised by the Union of the exact dollar amount due from each Employee.

The authorization form shall be provided by the Union. The Company will submit to the

Union’s designated official dues withheld in accordance with the authorizations. The remittance shall be accompanied by a list showing the individual Employee names, last four digits of each

Employee's social security numbers, dates hired, and amounts deducted. All sums collected in accordance with such signed authorization cards shall be remitted by the Company no later than the fifteenth (15th) of the month subsequent to the month in which sums were deducted by the

Company.

SECTION C

Payments for membership dues shall not be required during leaves of absence without pay in excess of thirty (30) days or after an Employee transfers out of the bargaining unit.

SECTION D

The Union agrees to indemnify and save the Company harmless against any claim, suits, judgments or liabilities of any sort whatsoever, including attorney's fees incurred by the Company, arising out of the Company's compliance with the provisions of this Union Membership and

Checkoff Article. In addition, the Union agrees to promptly return to the Company any erroneous or improper overpayment made to it.

ARTICLE 3 - EQUAL OPPORTUNITY

SECTION A

Neither the Company, nor the Union, shall discriminate against any Employee on the basis of sex, sexual identity, sexual preference, color, age, race, religion, national origin, disability, veteran's status, marital status, genetic information, citizenship status, or any other characteristic protected by applicable federal, state or local law. The Company and the Union also recognize the desirability of providing equal opportunity to all persons and agree to work actively toward the implementing of that policy.

SECTION B

There will be no discrimination against any Employee on account of membership in, or activity on behalf of the Union.

SECTION C

Both the Company and the Union endorse a zero tolerance for any form of harassment against a fellow Employee, client employee or workstation visitor.

ARTICLE 4 - ACCESS TO FACILITY

Duly authorized representatives of the Union shall be permitted to investigate the standing of all Employees and investigate conditions to see that the Agreement is being enforced, provided that no interview or contact shall be made, held or conducted in any working area or during working time, unless prior approval has been given by the highest ranking Company representative then present at the Site. The Union shall obtain permission from the Site Project Manager in order to be on the Site and will comply with all policies and procedures applicable to site visitors.

However, such permission shall not be capriciously denied. The Site Manager will provide the Union with necessary paperwork to be submitted to the Government in order to be granted access.

ARTICLE 5 - PROBATIONARY PERIOD

SECTION A

Every new or rehired Employee, after the effective date of this Agreement, shall be on probation for the first ninety (90) calendar days after completion of the orientation and training period. Upon completion of the original probationary period, if the Employee cannot be properly evaluated for purposes of retention (i.e. sickness, layoff, lack of opportunity to perform in the position in question, etc.), the Company may extend the new hire probationary period up to an additional sixty (60) calendar days, and the Employee and the Union will be notified, in writing, of the extension and the reason for such extension. Upon completion of the probationary period such new hires shall be entitled to seniority dating back to the most recent date of hire with the

Company.

SECTION B

At any time during such an initial probationary period, an Employee (new or rehired after a break in service) may be discharged for any reason, and any such Employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure.

SECTION C

Any Employee promoted to a job classification covered by this Collective Bargaining

Agreement from a lower paid classification shall be on probation for the first one-hundred and twenty (120) calendar days of employment in the new classification.

At any time during such a probationary period, the Company may, for any reason, return that Employee to his former classification, without loss of seniority.

ARTICLE 6 - SENIORITY

SECTION A

It is agreed that the Company and the Union will mutually establish a seniority list for all

Employees employed in the unit at the time of the signing of the Agreement. The following

Sections in this Article shall become applicable and shall be in full force and effect upon the establishment of the seniority list.

SECTION B

The Company will make available to the Union a list of newly hired and terminated

Employees on a quarterly basis showing names, job classifications, and hire dates.

SECTION C

Not later than thirty (30) days prior to the expiration and non-renewal of the Company's contract covering the Site, the Company shall furnish the Union and the successor contractor a list of all its current Employees together with their dates of hire.

SECTION D

In the event that the Company finds it necessary to lay off Employees for any reason, other than disciplinary or investigatory, such layoffs shall be on the basis of seniority. Probationary

Employees shall be laid off first selected by the Company. Probationary Employees shall not accrue seniority while on layoff. Non-probationary Employees shall be the next to be laid off on the basis of seniority. The Company shall recall such laid off Employees in the reverse order of layoff.

It is the obligation of every Employee to keep the Company informed of his or her current address and telephone number. In all recall situations, it is adequate notice for the Company to leave a message at the Employee's listed contact telephone number.

SECTION E

Seniority for purposes of this Agreement, except for the specific purpose set forth in

Section J and G of this Article, shall be defined as the length of time an Employee has been continuously employed in a bargaining unit position in a full time capacity at a covered site beginning with the date on which the Employee began to work after last being hired.

For Employees who were employed by the Company when it took over the contract, the seniority date shall be the same as the seniority date (hire date) identified by the predecessor contractor. Seniority for Employees hired on the same date shall be determined alphabetically by the first letter of the last name. Seniority will be used to grant conflicting vacation requests, to assign overtime (both voluntary and mandatory) and as a tiebreaker in making promotion decisions. Seniority will be used as a factor in making decisions regarding leave of absence requests

SECTION F

An Employee shall lose his seniority upon retirement, resignation, discharge for just cause, or after being laid off for more than twelve (12) months. An Employee will be considered to have resigned if he:

1. fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the Employee such as an “Act of God.”

2. is absent for three (3) consecutive workdays without notifying or advising the

Company unless the Employee is unable to do so due to conditions beyond his/her control.

3. fails, while on layoff, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than five (5) workdays and provided that the Employee notifies the Company within forty-eight

(48) hours of such notice that he will return to work within the five (5) day period.

4. loss of Site clearance or instruction by the Client that the Employee is no longer permitted on Site. Documentation of any such instruction, if furnished by the client, shall be provided to the Union at its request. Upon request of said documentation, the provision of Article 24 “Government Requirements” shall apply.

SECTION G

An Employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement will no longer continue to accrue seniority. If the Employee returns to the bargaining unit he or she shall retain the seniority accrued as of the time of transfer out of the unit.

SECTION H

The Company shall have the discretion to fill all job openings covered by this Agreement in order to meet the contract requirements. The Company at all times shall be free to advertise and list said job openings externally and to otherwise fill its job openings from sources available to the

Company.

Shift Openings:

1. Vacancies that occur during the year in the awarded full-time shifts will be posted for 3 days and awarded to qualified Employees on the basis of seniority. No

Employee who has been disciplined by suspension during the previous twelve (12) calendar months will be eligible to bid on a shift vacancy, regardless of seniority.

SECTION I

The Company shall be the judge of the qualifications of all new applicants.

SECTION J

The following criteria will be in effect for all part-time Employees:

1. Full-time Employees may become part-time Employees on a voluntary basis provided there is a vacancy for such position and further provided that the

Employee has not been disciplined by suspension during the previous six (6) calendar months from date of position opening. Once a full-time Employee becomes a part-time Employee, he/she may not return to the full-time ranks unless there is an opening.

2. Part-time Employees will normally be scheduled a minimum of 2 shifts per week, but no minimum number of hours is guaranteed to any part-time Employee. Part-time Employees generally work less than thirty (30) hours per week.

3. Part-time employees may bid on full time positions as they become available in between shift bid cycles. However, part-time employees attain full time status only through the shift bid process in accordance with Article 6, Section H, of this

Agreement. Part-time employees will be eligible for full-time positions by seniority. Part-Time employees may bid on open full- time positions in the event that no qualified, senior employees are interested.

4. Part-time Employees will receive vacation and holiday benefits if eligible and subject to all of the terms of Articles 16 and 17.

“Classification Seniority” is defined the total amount of hours the employee has worked in a particular classification over the span of employment – even if the employee is not currently employed in that classification. In the event of a “tie” in classification seniority among full-time employees, the employee shall be awarded the position in alphabetical order by last name, then first name. In the case of contested classification seniority among part-timers or “fill-in” employees, the employee with the total number of hours in the desired classification shall be awarded the position. Classification seniority can be forfeited if the length of time not worked in the classification has been long enough to require substantial re-training.

ARTICLE 7 - DISCIPLINE

No Employee shall be suspended or discharged without just cause and all dismissals will be subject to the Grievance Procedures and Arbitration clause set forth in this Agreement.

Discharges occurring during the Probationary Period are not subject to this provision. All disciplinary counseling and discharge notices shall be in writing. Copies of a suspension or discharge notice shall be given to the Employee and to the Shop Steward. The following are representative of the types of misconduct which may result in immediate termination regardless of the number of prior counselings: theft, intoxication on the job or other violation of the Company's drug and alcohol policy, failure to perform work as directed, violation of contract provisions, government regulation, applicable Federal and/or State Laws, insubordination, security or safety violations or other violations of the Company's Work Rules and Standards which are of a more serious nature.

The Company may discipline an Employee in accordance with its Employee Handbook and policies which are made known to the Union, including the Work Rules and Standards. In determining the appropriate level of discipline, the Company will consider the age of prior disciplines, among other relevant factors.

When an Employee is suspected of committing an offense which would result in suspension or discharge, the Company may place such Employee on administrative leave while the matter is investigated. This leave will be unpaid if the Employee's own conduct lead to the

Company's good faith belief that the Employee committed an offense or the client requests that the Employee be removed during the investigation. This leave will also be unpaid if the Employee is suspended as a result of an arrest by a civil authority.

ARTICLE 8 - GRIEVANCE PROCEDURE

SECTION A

A grievance is defined as a claim or dispute by the Company or Employee or the Union concerning the interpretation or the application of this Agreement or any amendment thereto. In order to be a grievance, there must be a tangible job action which adversely affects an Employee.

Probationary Employees shall not have any rights under the grievance procedure.

SECTION B

The grievance must be presented in writing, setting forth the facts upon which it is based, the provision of this Agreement allegedly violated, and the remedy requested. The grievance shall be filed and processed in accordance with the following exclusive procedures:

STEP 1. The Employee (or through his Shop Steward) who has a grievance shall discuss it with the Site Project Manager (SPM) or his designee. If the grievance is not settled at the Step 1 meeting or a meeting is not held within seven (7) calendar days of receipt of the grievance, it may be appealed, in writing, by the Employee or the Shop Steward to the Primary Project Manager (PPM) to Step 2 within seven (7) calendar days of the Step 1 meeting. Company grievances shall be processed beginning with Step 2.

STEP 2. The Union Representative and the Primary Project Manager or his designee will discuss the grievance. The meeting may be conducted either by a face-to-face meeting or by a telephone conference. If the grievance is not disposed of, to the satisfaction of the party filing the grievance at Step 2 or a meeting is not held within seven (7) calendar days of the receipt of the grievance, the grievance may be appealed to Step 3 by the party or representative of the party filing the grievance by filing a written appeal to the opposing party within seven (7) calendar days after Step

2.

STEP 3. Within seven (7) calendar days after the receipt of an appeal by the opposing party, the parties (the Company represented by their designated representative, the Director of Operations or his designee) and the Union represented by its designated representative(s) will attempt to settle the grievance. The meeting may be conducted either by a face-to-face meeting or by a telephone conference. The party being complained against shall render that party's written decision within seven (7) calendar days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party at such meeting or a meeting is not held within seven (7) calendar days of the receipt of the appeal, the grievance may be appealed to arbitration by the Company or the

Union by filing a written request for arbitration with the Federal Mediation and Conciliation

Service (FMCS) within twenty (20) calendar days of receipt of such written decision or the expiration of the seven (7) period to hold the appeal meeting. Only the Union and Company can advance a Grievance to arbitration.

A grievance involving discharge of any Employee shall be brought directly to Step 2 and must be filed within five (5) calendar days of discharge.

SECTION D

A grievance not involving discharge shall be without effect unless filed in writing within seven (7) calendar days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

SECTION E

With supervisory approval, Stewards shall be afforded reasonable time off without loss of pay to investigate, discuss and present grievances. Such time shall not exceed one (1) hour per grievance or incident. Supervisors will not arbitrarily or capriciously deny said time.

SECTION F

At any step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein. The Parties may mutually agree that further representatives may be present.

SECTION G

The time limits set forth in this Article may be extended mutually in writing. Time limits are inclusive of Saturday, Sundays and Holidays agreed upon in this Agreement. Any grievance not appealed or processed within the time limits and in the manner set forth in the grievance procedure shall be considered withdrawn.

ARTICLE 9 - ARBITRATION

SECTION A

The Party requesting arbitration request the FMCS to submit a list of seven (7) persons qualified to act as the impartial arbitrator. Qualified panel members shall be members of the

National Academy of Arbitrators. A representative of the Company and a representative of the

Union shall alternately strike. The non-filing party shall have the first strike the panel. The seventh

(7th) remaining person shall thereupon be selected as the impartial arbitrator. Either party shall have the right to request a new panel from the FMCS one time before striking.

SECTION B

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. A witness who is located out of town may testify by telephone. The impartial arbitrator will render his finding and award in writing within thirty (30) calendar days after conclusion of the hearing or submission of post-hearing briefs if either party requests the opportunity to submit their arguments in writing. The decision of the arbitrator shall be final and binding.

The arbitrator's authority shall be limited to finding a direct violation of a specific provision of this Agreement. Once the Company has proven a violation by the Employee, the arbitrator shall have no authority to modify the discipline imposed unless it can be demonstrated that the Company failed to follow progressive discipline or that the Company did not have “just cause” to impose either suspension or termination.

The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement. The hearing will be conducted pursuant to the Federal Rules of Evidence. Hearsay testimony shall not ordinarily be permitted.

Any award of back wages shall be limited to the amount of wages the Employee would have otherwise earned from his straight time employment with the Company minus any earnings from any source during the backpay period including unemployment compensation. Liability for lost benefits shall be limited to the amount of such benefit contribution by the-Company as set forth in this Agreement. In the event the client states in writing they will not allow the Employee to return to the Site, the Company's only obligation is to offer the Employee a position at another site if a vacancy exists within 30 days for which the Employee is qualified.

SECTION C

The fees and expenses of the arbitrator, and necessary expenses of any arbitration proceeding, shall be borne equally by the Company and the Union except that each party shall pay the fees of its own counsel or representative. If an Employee witness is called by the Company, the Company will reimburse for time lost at his regular straight time base rate. If any Employee witness is called by the Union, the Union will reimburse such person for time lost. Employees who need time off to testify must provide sufficient notice to the Company to enable a replacement to be scheduled. Either party may arrange for a transcript to be prepared at their own cost. A copy of the transcript will be provided to the arbitrator but only to the party who pays one-half (1/2) the cost of preparation of the transcript.

SECTION D

One party or “Ex Parte” proceedings will not be utilized. Unless the Parties agree otherwise, the arbitrator may hear only one (1) grievance at a time.

ARTICLE 10 - MILITARY LEAVE

Employees shall be entitled to military leave in accordance with the Uniform Services

Employment and Reemployment Rights Act (USERRA) and any other applicable federal, state or local law. Leave taken under USERRA shall be unpaid, provided that an Employee may elect to use any accrued paid time off in lieu of unpaid military leave. If covered by Company benefits, it is the Employee's responsibility to coordinate continued coverage with the Company and to pay any health insurance premiums as applicable. Payments of premiums are to be made by cashier check or money order. Notwithstanding the foregoing, the Company will meet the requirements of USERRA and any other applicable military leave laws.

SECTION B

An Employee who is a member of a military reserve unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty.

SECTION C

An Employee applying for leave under this Article will give the Company at least fifteen

(15) working days’ notice prior to reporting, if possible and will provide a copy of their orders to the Project Manager and the Company's Human Resources Department.

ARTICLE 11 - LEAVE OF ABSENCE

SECTION A

Employees with twelve (12) months or more of continuous service who are not eligible for

Family and Medical Leave Act (FMLA) or other protected leave may request a personal unpaid leave of absence not exceeding twelve (12) weeks in a 12-month period unless additional leave is required as an accommodation of a known disability. Whether to grant such a leave request is at the discretion of the Company. Such leaves of absence may be granted for restoration of health, medical, dental or other treatment, and maternity leave, and if granted will not prejudice seniority status for purpose of layoff and recall. Such leaves of absence will only be approved on a case-by-case basis after due consideration of all facts and circumstances. Employees granted a leave under this Article will be required to use any accrued, unused paid time off available to them prior to entering unpaid leave status.

SECTION B

Except as otherwise provided herein or required by law, a leave of absence other than

FMLA leave under this Article will not be considered employment time for seniority purposes.

For example, an Employee works who continuously for nine (9) months, followed by a three month leave of absence, will be required to work three (3) more months in order to achieve one (1) year of seniority.

SECTION C

Upon return from of an unpaid leave of absence, the Employee will be returned to work to his or her prior position unless it is has been filled, in which case to the first available position for which he can qualify in his job classification on the basis of seniority unless reinstatement to an equivalent position is required by law.

SECTION D

An Employee who engages in gainful employment without permission from the Company while on leave of absence shall be subject to discharge.

SECTION E

All leaves of absence shall be for a specific designated period of time, and an Employee may return to work earlier than the specifically designated date for his return only with the

Company's approval.

SECTION F

All leaves of absence must be applied for in writing, stating the reason for and length of the requested leave, and the Company will respond in writing. A request must be as far in advance as possible but in no event less than fourteen (14) days before the leave unless an emergency made providing earlier notice impossible. Requests for FMLA leave will be made and processed in accordance with the terms of the FMLA and the Company's FMLA policy to the extent not inconsistent with the FMLA.

ARTICLE 12 - SHOP STEWARDS

SECTION A

A maximum of three (3) Shop Stewards, and a Chief Steward, for a total of four stewards, shall be designated by the Union from the group they are to represent, and the Union will notify the Company of the duly designated Shop Stewards at the Site and the effective date on which they assumed said role. The Union may designate an alternate Steward when the regular Steward is absent. A Guard shall not serve as a Steward while serving as an alternate Sergeant or Lieutenant.

SECTION B

The Shop Stewards shall not interfere with the management of the business or direct any work of any Employee but may advise the Company of any violations of the Agreement and also notify the Employee participating therein. Regardless of any such notification by the Shop

Steward to an Employee, the Employee shall obey and comply with any and all lawful directions of the Company's supervisors and shall have the right to grieve any perceived violations of this

Agreement. A Steward must obtain permission from his or her supervisor before leaving their workstation to conduct union business or representational activities. Stewards shall not allow their union or representational activities to interfere with their work or the work of other Employees.

Stewards must clock out when performing internal union business or representational activities and clock back in when returning to work. Stewards will not be paid by the Company for time conducting internal union business or representational activities.

ARTICLE 13 - WAGES

The schedule of effective wage rates and job classifications for Employees is set forth in

Appendix A attached hereto.

ARTICLE 14 - HOURS OF WORK AND OVERTIME

SECTION A

One and one-half (1 1/2) times the hourly rate of pay will be paid for all time worked in excess of forty (40) hours per week.

SECTION B

In filling available overtime, the Company will first request volunteers on shift. If unsuccessful, overtime will be assigned on a rotating basis starting at the top of the overtime list.

Once forced, or volunteered, the Employee will then go to the bottom of the list. An Employee who is called in prior to his scheduled shift or held over after his scheduled shift will not have his regular scheduled shift hours changed to avoid overtime due to these increased hours, unless requested by the Employee. The above procedure will be followed whenever practical, but when there is insufficient time to follow this procedure due to unforeseen circumstances, the Company may deviate from these procedures in order to fulfill the staffing requirements of the client.

SECTION C

No overtime will be worked except by prior direction of the proper supervisory personnel of the Company.

SECTION D

The workweek shall commence on Sunday at 0001 and end at 2400 on the following

Saturday. Nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per day or per week; however, the normal workweek for full-time Employees shall be thirty-six (36) to forty (40) hours per week. The workday is defined as the 24-hour time period commencing with the Employee's regular starting time.

SECTION E

Employees are required to report for work at their scheduled starting times. An Employee must notify the on-duty shift Lieutenant at least four (4) hours in advance of his scheduled starting time if he is unable to report for work unless it is impossible to do so. An Employee who reports for work late or leaves prior to the scheduled stop time will be paid only for the hours he has worked and may be subject to disciplinary action unless the cause was an unforeseeable emergency and such late arrivals or early departures are not excessive in number in accordance with Company policy. The Company reserves the right to require an Employee to provide verification of the reason for a late arrival or early departure.

An Employee who reports for work at his regular starting time or who has been called in to work and has not been advised either orally or in writing not to report shall receive a minimum of four (4) hours work or four (4) hours of pay at his appropriate rate. Employees will be paid a minimum of two (2) hours for range training.

All Employees must have their current phone number and physical and email address (if one) on record with the Company. The Company will not provide this information to any third party other than the Union without a legitimate business need.

ARTICLE 15 - HEALTH AND WELFARE

The Company shall pay the Health and Welfare Benefits as set forth in Appendix B attached hereto, not to exceed forty (40) hours per week for each full-time Employee.

ARTICLE 16 - VACATION

2 weeks paid vacation after 1 year of service with a contractor or successor.

3 weeks after 5 years of service with a contractor or successor.

4 weeks after 15 year of service with a contractor or successor.

Time paid as vacation, holidays and jury duty pay will not count as time worked for overtime purposes. Employees with one (1) or more years of continuous service may use one (1) week of vacation one day at a time to cover those absences due to illness or injury which the

Employee verifies with a doctor's note at the Employee's discretion. It is understood that all absences from work whether verified by a doctor's note or not may be considered when investigating issues of abuse.

ARTICLE 17 - HOLIDAYS

SECTION A

A minimum of eleven paid holidays per year: New Year's Day Martin Luther King Jr.'s

Birthday Washington's Birthday Memorial Day Juneteenth National Independence Day

Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas

Day.

SECTION B

Any work performed on a holiday will be paid at the Employee's regular rate of pay unless the Employee works in excess of 40 hours during the workweek, in which case the Employee will receive overtime pay for-all hours worked in excess of 40.

SECTION C

In order for an Employee to qualify for a paid holiday, he must have worked his regularly scheduled workday immediately preceding the holiday and his regularly scheduled workday immediately following the holiday, unless excused by reason of funeral leave, or other good cause.

ARTICLE 18 - UNIFORMS

The Company shall furnish all Employees an adequate number of uniforms, without cost to the Employee. When such uniforms are made of “wash and wear” materials and may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning or commercial laundering in order to meet with the cleanliness or appearance standards set by the terms of the Government Contract, by the Company, by law or by the nature of the work, there shall be no requirement that ,Employees be reimbursed for uniform maintenance cost.

All uniforms and equipment must be returned to the Company upon termination of employment. Failure to comply with this requirement will result in the cost of said uniforms and/or equipment being payroll deducted from any monies due the Employee. In the event negligence or malfeasance on the part of the Employee results in damage to uniforms or equipment, the

Employee will be responsible for reimbursing the Company for said damage or cost. Such payment may be made through payroll deductions when authorized by the Employee. The Employee shall, in all cases, use uniforms and equipment with care. Employees shall be required to comply with dress code requirements of the Company, and to maintain proper grooming, cleanliness and hygiene at all times.

ARTICLE 19 - JURY DUTY & BEREAVEMENT LEAVE

SECTION A

Paid jury duty shall not exceed ten (10) paid working days (80 hours) each calendar year, unless otherwise required by applicable law. The employee must use accrued PTO or time off without pay for any time required beyond the eighty (80) hours, except where prohibited by law.

Any additional necessary unpaid time off will be granted at the discretion of the Company. Hours paid for jury duty will be counted as hours worked for the purpose of computing PTO and holiday pay. Leave while on jury duty will not be counted as hours worked for the purpose of computing overtime. Non-exempt employees who are on telephone “call-in and release” status will only be paid for the time spent at the courthouse.

SECTION B

If the Employee is released from the jury during any part of the Employee’s scheduled shift, he will immediately contact the Lieutenant, or Site Project Manager. If the Lieutenant, or

Site Project Manager requests, the Employee shall report to the work site for duty. Employees must bring a statement from the Clerk of Court stating the amount of time and the date he actually served on Jury Duty.

Eligible employees who lose a close relative may take paid bereavement leave to attend to necessary obligations and commitments. For the purposes of this policy, a close relative includes a spouse, domestic partner, child, parent, sibling, grandparent, grandchild or any other relation required by applicable law. Paid leave days only may be taken on regularly scheduled, consecutive workdays following the day of death. Employees must inform their supervisor prior to commencing bereavement leave. The Company shall provide leave up to three (3) days of paid leave, and may require verification of death. Bereavement leave is paid at the employee’s base rate of pay at the time of absence for the number of hours the employee otherwise would have worked that day. Bereavement leave is not counted as hours worked for purposes of calculating overtime.

ARTICLE 20 - COMPANY REGULATIONS

Any rules, regulations, SOPs or directives which are now in effect, or which may be later imposed upon the Company by its Client, or any other Governmental Agency having jurisdiction will apply with equal force and effect to the ;Employees hereunder. Employees are also required to adhere to Company Rules and Regulations including its Attendance Policy, notwithstanding any possible conflict with any provisions of the Agreement. Copies of Rules and Regulations so imposed will be made available to the Union upon request. The Union will be advised, to the degree possible, of any proposed changes to Company Rules and Regulations and the Company will meet if requested by the Union to discuss said changes. In an event where the company does not advise the Union about the change in rules and regulations prior to implementation, the Union may request a meeting to discuss the effects once the union becomes aware of the change. The

Company shall have the right to make reasonable changes or additions to existing Rules and

Regulations.

ARTICLE 21 - NO STRIKE - NO LOCKOUT

During the term of this Agreement, and any renewal or extension thereof, neither the

Union, its officers, officials, representatives, agents, members, or any Employee will authorize, instigate, aid, condone, promote, participate in, engage in any strike, sympathy strike, work stoppage, slowdown, boycott, sit-down, sit-in, or other interruption with the Company's work or the business of the Company, or any impeding of business of the Company, regardless of whether there is a claim by the Union or breach of this Agreement, or of Federal, State, or Local Law by the Company. Any Employee or Employees who violate the provisions of this article will be subject to disciplinary action up to and including termination without recourse to the grievance procedure.

SECTION B

During the term of this Agreement, the Company will not lock out the Employees.

SECTION C

The Union will not picket or handbill at or near the Site to publicize any dispute with the

Company or to distribute any communication which disparages the Company or the client. In the event a dispute arises over the alleged non-payment by the Company of wages or benefits provide for in this Agreement, upon request, the Company will participate in binding and expedited

Arbitration.

ARTICLE 22 - EMPLOYEE INJURY

An Employee injured during working hours shall receive the rest of the day off without loss of pay, provided that the injuries are such that a doctor orders the Employee not to return to work. However, such hours paid do not count as hours worked for overtime pay purposes. In accordance with Company's policy, the Employee must report an injury or injuries occurring on the job to his immediate supervisor immediately after sustaining the injury. Medical attention will be as directed by the Lieutenant or Site Project Manager, who will also insure prompt submission of documentation for worker's compensation purpose.

ARTICLE 23 - DRUG AND ALCOHOL POLICY

The Parties recognize that in the security business, the use of controlled substances or alcohol which causes intoxication or impairment on-the-job poses risks to the Company, the affected Employee, his co-workers, and the public. An Employee cannot perform his work adequately if he is under the influence of illegal drugs or alcohol, and an Employee under the influence of drugs or alcohol also presents a danger to himself and to others. Unlawful use of drugs and alcohol when not on duty raise serious questions concerning the Employee's competency to perform security work and is grounds for termination under the Company Drug Free Workplace policy. It is the Company's policy to maintain a drug-free workplace. The Company and the Union agree to the Company's current Drug and Alcohol policy and any changes required by the Client or other reasonable modifications.

ARTICLE 24 - GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United

States Government, and the Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exercise.

The Union agrees that any actions taken by the Company pursuant to a requirement or directive including the denial or withdrawal of access of the United States Government shall not constitute a breach of this Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussions with the Union upon request, concerning the effects of any substantial or material change in terms or conditions of employment which might result from action taken to meet such Government requirements. Any changes or actions which are necessitated by a Government Directive in writing shall not be subject to the grievance and arbitration provisions of this Agreement. The Company agrees to provide the Union with copies of written Government Directives and to meet with the Union upon request to discuss in good faith the impact of such a Government Directive.

ARTICLE 25 - GENERAL

SECTION A

During the negotiations that resulted in this Agreement, both parties had every right to and did discuss all collective bargaining demands and proposals. As a result, this Agreement is complete and resolves all collective bargaining issues between the parties for its duration. Both parties waive any right to compel any further negotiations on any matters, whether or not within the knowledge or contemplation of the parties at the time they executed the Agreement.

SECTION 8

This Agreement and the Appendices hereto, when accepted by the parties and signed by their respective representatives, shall supersede any and all prior agreements and shall constitute the sole and exclusive Agreement between them concerning the Employees covered by this

Agreement. Any alteration or modification of this Agreement must be made by and between the

Parties hereto and must be made in writing.

In the event any provision of this Agreement or any Appendix hereto is rendered or declared invalid by any competent Court or Governmental Agency on account of existing or future legislation, or by any term or condition of a customer contract or regulation governing the operation of the Site, such shall not invalidate the remaining provisions of this Agreement and

Appendices.

SECTION D

Any Employee leaving the service of the Company will, upon request from the Employee, be furnished with a letter setting forth the Company's record of his job classification, stating his length of service and ending rate of pay.

SECTION E

Employees entering the service of the Company will be required to successfully pass any examinations or tests specified by the Company's contract with the U.S. Government and Company

Policy. At any time thereafter, an Employee may be subject to further physical or mental examinations and testing during the course of his employment or recall to service after leave of absence as necessary to determine fitness for duty. Any Company directed physical, mental or drug test will be at the Company's expense. A current Employee will be paid for time spent taking a Company required physical or mental examination or drug test.

SECTION F

Employees are required as a condition of employment or continued employment to possess certain security clearances, licenses and/or certifications (including weapons' certifications). These requirements are subject to modification as determined by the Client.

SECTION G

Employees entering service with the Company agree that the Company will perform personal background checks. Submission of information, determined to be false or materially misleading, relative to background data, qualifications, experience and/or references, or revelation of detrimental information prejudicial to the Company's interest, will subject the Employee to immediate discharge for cause.

SECTION H

The joint Labor/Management committee will meet when they agree a…