NASPSO_-_New_CBA_Parklawn_Supervisors_-_2012-2013_-_FInal_-_Signed.pdf

COLLECTIVE BARGAINING AGREEMENT

between

AMERIGUARD SECURITY SERVICES, INC.

and the

NATIONAL ASSOCIATION OF SPECIAL POLICE &

SECURITY OFFICERS (NASPSO)

for

HHS Guard Supervisors

Parklawn Complex and Surrounding Buildings

2012-2013

CBA$between$NASPSO$&$AmeriGuard$ $ HHS$Guard$Supervisors$–$Parklawn$Complex$&$Surroundings$

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TABLE OF CONTENTS

ARTICLE 1 – RECOGNITION

ARTICLE 2 – MANAGEMENT RIGHTS

ARTICLE 3 – SENIORITY

ARTICLE 4 – TRANSFERS, LAYOFF AND RECALL

ARTICLE 5 – GRIEVANCE PROCEDURE

ARTICLE 6 – DISCIPLINE

ARTICLE 7 – JOB OPPORTUNITIES

ARTICLE 8 – HOURS OF WORK AND OVERTIME

ARTICLE 9 – WAGES

ARTICLE 10 – HOLIDAYS

ARTICLE 11 – VACATIONS

ARTICLE 12 – HEALTH AND WELFARE ALLOWANCE

ARTICLE 13 – RETIREMENT ALLOWANCE

ARTICLE 14 – UNIFORM ALLOWANCE

ARTICLE 15 – SICK LEAVE

ARTICLE 16 – LEAVES OF ABSENCE

ARTICLE 17 – FUNERAL LEAVE AND JURY DUTY

ARTICLE 18 – RETURN OF UNIFORMS/TRAINING

ARTICLE 19 – MEMBERSHIP

ARTICLE 20 – STRIKES

ARTICLE 21 – DRUG TESTING

ARTICLE 22 – GOVERNMENT SUPREMACY

ARTICLE 23 – BREAKS

ARTICLE 24 – GENERAL PROVISIONS

ARTICLE 25 – TERMINATION

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COLLECTIVE BARGAINING AGREEMENT

THIS COLLECTIVE BARGAINING AGREEMENT is made and entered as of the 31 st day of August, 2012, by and between AMERIGUARD SECURITY SERVICES, INC., with offices currently located at 5470 W. Spruce Avenue, Suite 102, Fresno, California, 93722, hereinafter referred to as the “Employer” or “Company,” and the NATIONAL ASSOCIATION OF SPECIAL

POLICE & SECURITY OFFICERS, with offices currently located at 10 G Street NE, Suite 710, Washington, DC 20002, hereinafter referred to as the “Union.”

ARTICLE 1 - RECOGNITION

Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of collective bargaining, with respect to all full-time and regular part-time armed and unarmed lieutenants, sergeants, including console operators performing security guard duties, as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, assigned by the

Employer to the federal buildings known as the Parklawn Complex located in Rockville, Maryland and the surrounding area pursuant to the Contract No. HHSP23320085604WC (the “HHS Contract”) with the U.S. Department of Health and Human Services, and its successor(s), including the U.S.

Department of Homeland Security (collectively, the “HHS”), for the provision of security services at said facilities, but excluding all office clerical employees, professional employees, project managers, assistant project managers, captains, all other supervisors, and all other employees of the Employer, including security guards.

Section 2. This recognition of the Union only applies to the extent the work is being performed pursuant to the HHS Contract. Furthermore, it is agreed that the Employer shall have no

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liability as a successor employer for events occurring before the execution of this Agreement, except as may be required by applicable law.

Section 3. The term “employee” when used in this Agreement shall refer to the employees in the bargaining unit described in Article 1, Section 1, above. The term “full-time employee” shall refer to employees who are regularly scheduled to work at least thirty six (36) hours per regular workweek, excluding any unpaid meal or break periods. The term “part-time employee” shall refer to employees who are regularly scheduled to work less than 36 hours per week, excluding any unpaid meal or break periods.

Section 4. It is expressly understood that non-bargaining unit employees may perform bargaining unit work as determined necessary by the Employer and as allowed by the HHS for a period of not more than ninety (90) calendar days in any government contract year, except for emergency situations or as otherwise required by the Government.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 1. The Employer shall retain all rights, powers, and authority it had prior to entering into this Agreement, including, but not limited to, the unrestricted right to: manage its operations and to direct and assign the work force; to determine and change the methods and manner services are provided; to introduce new methods or improved methods of operations or equipment; to determine and change the size, composition and qualifications of the work force;

to determine the extent to which and the manner and means its business will be operated or shut down in whole or in part; to determine whether and to what extent any work shall be performed by employees and how it shall be performed; to maintain order and efficiency in HHS facilities and operations including the right to select, hire, promote, demote, lay off, assign and train

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employees; to subcontract any part of its operations, including unit work; to select and determine supervisory employees; to bid or not bid, or to rebid or not rebid, contracts with the Government;

to determine and change starting times, quitting times, schedules and shifts; to determine and change methods and means by which operations are to be carried on; to establish and/or abolish duties, standards of performance for employees, job classifications, operating units or departments; to establish, change and abolish its policies, work rules, regulations, practices and standards/codes of conduct and to adopt new policies, work rules, regulations, practices and standards/codes of conduct; and to assign duties to employees in accordance with the needs and requirements of the HHS and the Employer, as determined by the Employer. The exercise of the foregoing powers and rights, together with the adoption of policies, rules, and regulations in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the express and specific terms and conditions of this Agreement and the dictates of the Government.

Section 2. The Employer shall retain the sole right to suspend, discipline and discharge

Employees for just cause subject only to the express and specific terms of this Agreement.

ARTICLE 3 - SENIORITY

Section 1. Seniority shall be the length of continuous service from the employee’s last date of hire as an employee in the bargaining unit (for the Employer or a predecessor federal contractor). Seniority shall not accrue until the employee has successfully completed his/her probationary period. Seniority shall be applicable in determining the order of layoff and recall, and other situations as provided for in this Agreement. Notwithstanding the foregoing, solely for the purpose of Job Opportunities under Article 7 and for no other purpose, seniority shall

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commence on the date an employee is promoted or demoted due to discipline to a new rank within the unit.

Section 2. Newly hired or promoted employees shall be regarded as probationary employees for the first ninety (90) days of work. During their probationary period, probationary employees shall not accrue seniority under this Agreement. The Employer shall have the sole right to discipline, lay off, suspend or terminate probationary employees without limitation by the provisions of this Agreement or without recourse to the grievance procedure contained herein. The Employer, upon written notification to the Union, may extend any probationary period up to one additional thirty (30) days of work. Upon successful completion of the probationary period, the employee shall be placed on the seniority list and shall be given a seniority date which is retroactive to the employee’s most recent date of hire.

Section 3. Seniority lists for the bargaining unit will be posted and maintained by the

Employer and shall be made available to proper Union officials quarterly. An employee’s standing on the posted seniority list will be final unless protested in writing to the assistant project manager not later than thirty (30) calendar days after the list has been posted.

Section 4. Employees shall notify the Employer in writing of their proper post office address and telephone number or any change of name, address or telephone number. The

Employer shall be entitled to rely upon the last known address shown in the Employee’s official records. Employees may be required to provide written acknowledgment of any communication from the Employer.

Section 5. The seniority of an employee shall be terminated and employment shall cease or any of the following reasons:

(a) the employee quits or retires;

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(b) the employee is discharged under the terms of this Agreement

(c) the employee is absent from work without advising the Employer and giving reasons acceptable to the Employer for such absence, which acceptance will not be unreasonably withheld;

(d) the employee fails, within five (5) working days after receipt of the Employee’s notice of recall, to report to work as required by the notice;

(e) the employee overstays a leave of absence or a vacation without an acceptable excuse given the nature of the Employer’s operations, which acceptance will not be unreasonably withheld;

(f) the employee gives a false reason for obtaining a leave of absence, or engages in other employment during such leave;

(g) a settlement with an employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

(h) the employee is laid off for a continuous period of one (1) year or the length of his/her seniority at the time of layoff, whichever is less;

(i) the employee has falsified or misrepresented information on his/her application for employment or as otherwise supplied to the Employer or the Government;

(j) the employee is convicted of a criminal offense;

(k) the employee fails to establish that he or she satisfies the weapon and/or medical standard requirements of the HHS, as mandated by the HHS, to continue to work under the contract;

(l) the employee’s credentials or qualifications to work under the HHS Contract are revoked, suspended or terminated by the HHS, or the HHS requests the removal of the employee

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from working under the HHS Contract; or

(m) A unit member who has accepted a position as a security guard, captain or in management remains in such position for twelve or more months.

ARTICLE 4 - TRANSFERS, LAYOFF AND RECALL

Section 1. Whenever it is necessary to layoff employees, or in the event the HHS

Contract for providing security services to the HHS is terminated, not extended or not renewed, the Employer may layoff regular part-time and/or full-time employees, as it deems necessary, in the following manner:

Section 2. Full-time employees - When full-time positions are being reduced:

(a) probationary full-time employees within the same rank shall be laid off first;

(b) should it be necessary to further reduce the full-time work force within the same rank, non-probationary employees within the same rank shall then be laid off in the inverse order of their seniority. Any full-time employee being displaced under this provision, who has more seniority than the least senior part-time employee within the same rank, may bump that part-time employee, at his/her discretion, and thereby the least senior part-time employee will be laid-off.

Section 3. Regular part-time employees - When regular part-time positions are being reduced:

(a) Probationary part-time employees within the same rank shall be laid off first;

(b) Should it be necessary to further reduce the work force of regular part-time employees within the same rank, non-probationary part-time employees within the same rank will be laid off in the inverse order of their seniority. Any part-time employee being displaced under this provision, who has more seniority than the least

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senior full-time employee, may bump that full-time employee within the same rank, at his/her discretion, and thereby the least senior full-time employee will be laid off.

Section 4. Laid-off employees are not eligible for any compensation or employer paid fringe benefits (other than unemployment compensation) during their periods of layoff.

Section 5. Employees who have been laid-off or who bump to a different position or classification (i.e., full-time v. part-time) as a result of being displaced in accordance with this

Article, will be recalled to work in the reverse order in which they were laid off or transferred.

Should an employee be transferred to another position covered by this Agreement in lieu of layoff by reason of a reduction in work force, said employee shall receive the rate of pay applicable to the position to which he/she is transferred.

ARTICLE 5 - GRIEVANCE PROCEDURE

Section 1. For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation or misapplication of any provision of this Agreement or the challenge of any disciplinary action taken against a non-probationary employee. The term “days” as used in this

Article shall not include Saturday, Sunday and holidays (as observed under this Agreement).

Section 2. The number of days provided for in the presentation and processing of grievances in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified may, however, be extended by written mutual agreement. The failure of an employee or the Union to proceed to the next step of the grievance procedure within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance. The failure of the Employer to answer a grievance within the time

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limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure. No grievance may be filed or processed based upon facts or events which have occurred more than seven (7) days before the grievance is filed with the Employer.

Section 3. All grievances shall be presented and processed in accordance with the following procedure:

(a) Step One - Any non-probationary employee having a grievance, or a non-probationary employee designated by a group of non-probationary employees having a grievance, shall reduce the grievance to writing and present the grievance to his or her captain within five (5) working days from the date the event giving rise to the grievance occurs. The written grievance shall be signed by the grieving employee and shall set forth the nature of the grievance and the adjustment sought if known. The captain of the grieving employee shall countersign the grievance thereby acknowledging receipt of the grievance. The grievant, a Union representative (if requested by the grievant) and the grievant’s

Captain (or his/her designee) shall meet to discuss the grievance. The Captain shall give a written decision to the grievant and to the Union within ten (10) days after receipt of the grievance.

(b) Step Two - If the grievance is not resolved at Step One, the grieving employee must refer the grievance to the Union and to the Project Manager within ten (10) days after the completion of Step One. The Project Manager (or his/her designee) may meet with the grievant and the Union representative to discuss the grievance. The 9

Project Manager shall give a written decision to the grievant and to the Union within

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ten (10) days after receipt of the grievance.

(c) Step Three – If the grievance is not resolved at Step Two, the grieving employee must refer the grievance to the Union and to the Employer’s President (or his designee who shall not have previously considered the grievance at Step One or Step Two), within fifteen (15) days after the completion of Step Two. The Employer’s President

(or his designee who shall not have previously considered the grievance at Step One or Step Two) may meet with the grievant and a Union representative to discuss the grievance. The Employer’s President (or his designee who shall not have previously considered the grievance at Step One or Step Two) shall give a written decision to the grievant and to the Union within fifteen (15) days after receipt of the grievance.

(d) Step Four - Except as limited below, any grievance arising during the term of this

Agreement not resolved at Step Three must be submitted to arbitration by submitting a written request therefor to the other party within thirty (30) days after the completion of Step Three. Service of a request for arbitration upon the Employer must be made upon the Project Manager.

(i.) No individual grievant may move a grievance to Step Four. Only the Union, by letter or form executed by an authorized Union officer, who is not the grievant, may move a grievance to Step Four.

(ii.) No grievance regarding a dispute as to the interpretation of a Wage

Determination, the interpretation of the HHS Contract, or the Employer’s adherence to a request of the HHS shall be processed to Step Four since such matters are not arbitrable.

(iii.) Following the written request for submission to arbitration, representatives

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of the Employer and the Union shall attempt to agree on the selection of an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within twenty (20) days after the date of the receipt of the request for arbitration, the Union shall immediately submit the matter to the

Washington D.C. office of the Federal Mediation and Conciliation Service.

The arbitrator will then be selected, and the arbitration shall be conducted pursuant to the rules of the Federal Mediation and Conciliation Service.

(iv.) At the time of the arbitration hearing, either party shall have the right to examine and cross-examine witnesses and a written record of the proceedings shall be made upon the request of either or both parties.

(v.) Neither party may assert a contractual claim or basis in support of its position which was not presented during an earlier step of the Grievance

Procedure or reasonably implied from the grievance.

(vi.) The arbitrator’s fee and the arbitrator’s expenses shall be shared equally by the parties. In the event of cases in which the grievance is granted in part and denied in part, the fees and expenses shall be borne equally. In all cases, the cost of any hearing room and/or transcript shall be equally shared by the parties. The expenses and compensation of any witness shall be paid by the party calling such witness or requesting such participant. Any other expenses shall be borne by the party incurring such expenses.

(vii.) The arbitrator shall have no power to: (a) add to, subtract from, alter, or in any way modify the terms of this Agreement; (b) establish or modify any wage rate; (c) construe this Agreement to limit the Company’s discretion

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except only as that discretion may be specifically limited by the express terms of this Agreement; (d) interpret or apply the Service Contract Act and implications of Wage Determinations as well as any other legal obligation referred to in this Agreement; or (e) consider any matter or substitute his/her judgment for that of the Government’s regarding a determination or request of the HHS, the contracting officer or other official of the Government.

(viii.) The arbitrator shall render a decision as soon as possible following the hearing. Decisions of the arbitrator, subject to the limitations set forth in this

Agreement, shall be final and binding on the Union, its members, the employee or employees involved and on the Employer. Any award of back compensation to an individual grieving a discharge, discipline or any other matter shall not predate the date of the grievance by more than five (5) days, and shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received), as well as being fully adjusted by any failure on the individual’s part to attempt to mitigate his/her damages. Any award of front pay and emotional distress/pain and suffering shall not, in the aggregate, exceed an amount equal to the employee’s earnings for the 12 month period immediately preceding the date of the grievance.

Section 4. The Union shall have the right to file a grievance or grievances involving a class of one or more non-probationary employee at Step Two of the grievance procedure within five (5) working days of the later of (i) the event giving rise to the grievance; or (ii) the date on which the Union knew, or with the exercise of reasonable care, should have known, of the facts

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giving rise to the grievance.

Section 5. Each party shall be afforded reasonable access to and, upon request, copies of any and all documents and video within the possession or control of the other party relevant to a grievance or arbitration.

ARTICLE 6 – DISCIPLINE

Section 1. No employee, after completion of his or her probationary period, shall be disciplined without just cause. It is agreed by the parties that in instances when an employee is removed from working under the HHS Contract by the HHS, the employee’s authority to work under the HHS Contract is otherwise removed, suspended, denied or terminated by the HHS, or the Employee no longer satisfies the HHS’ qualifications for his or her position, the Employer will notify the Union in writing of such circumstance and provide supporting documentation in the Employer’s possession, if any, and the Employee may be terminated without recourse to the procedures under this Agreement. In such case, upon request of the Union, a copy of any written supporting documentation from the Government shall be provided to the Union, if available to the Employer. Should a non-probationary employee wish to contest a dismissal solely made by the Employer (i.e., not due to an action or request of the HHS or as otherwise provided herein), a written notice thereof shall be given to the Employer within five (5) days of the dismissal

(excluding Saturdays and Sundays and holidays observed under this Agreement) in which event the issue shall thereafter be submitted to, and determined under the Grievance Procedure commencing with Step Two, as provided in this Agreement.

Section 2. Subject to the foregoing, discipline under this section must be given within ten

(10) days of the offense unless the employee is unavailable and shall be applied in the following

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manner:

(a) Non-Serious Offense (reading, eating or drinking on post, using personal radios, televisions, computers or cellular telephones while on duty, violation of grooming standards, allowing personal visitors or relatives on HHS property while on duty, visiting or being on HHS property while off duty unless utilizing the services of a

Government agency located in an HHS building, engaging in unauthorized outside employment, breach of the chain of command, except to the extent necessary to comply with the orders or accommodating the needs of the HHS and/or its tenants or otherwise in accordance with the policies of the Employer, or similar infractions)

(i) With respect to a first offense, the employee will be given a verbal warning.

(ii) With respect to a second offense, the employee will be given a written warning.

(iii) With respect to a third offense, the employee may be suspended without pay for a period of up to three (3) days at the sole discretion of the Employer, provided that the Employer is not required to pay overtime to any other employee to cover the schedule of the suspended employee.

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the employer.

(v) If, at the time of a non-serious offense, the employee has any prior or concurrent disciplinary action or counseling for any reason, the

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discipline for the non-serious offense shall escalate to the next level for the offense.

(b) Unexcused Lateness (failure to timely report to an assigned duty post at the start of a shift or return from any break or lunch)

(i) With respect to a first offense, the employee will be given a written warning and may be sent home without pay if more than fifteen (15) minutes late.

(ii) With respect to a second offense, the employee shall be suspended without pay for a period of up to one (1) day at the sole discretion of the Employer, provided that the Employer is not required to pay overtime to any other employee to cover the schedule of the suspended employee and may be sent home without pay if more than fifteen (15) minutes late.

(iii) With respect to a third offense, the employee shall be suspended without pay for a period of up to three (3) days at the sole discretion of the Employer, provided that the Employer is not required to pay overtime to any other employee to cover the schedule of the suspended employee and may be sent home without pay if more than fifteen (15) minutes late.

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the employer.

(v) If, at the time of an unexcused lateness, the employee has any prior or concurrent disciplinary action or counseling for any reason, the

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discipline for the unexcused lateness shall escalate to the next level for the offense.

(c) No Show/Failure to Call Off With Less Than Four (4) Hours Notice Except for

Sickness

(i) With respect to a first offense, the employee will be given a written warning.

(ii) With respect to a second offense, the employee shall be suspended without pay for a period of up to one (1) day at the sole discretion of the

Employer, provided that the Employer is not required to pay overtime to any other employee to cover the schedule of the suspended employee.

(iii) With respect to a third offense, the employee shall be suspended without pay for a period of up to three (3) days at the sole discretion of the

Employer, provided that the Employer is not required to pay overtime to any other employee to cover the schedule of the suspended employee.

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the employer.

(v) If, at the time of the no show/failure to call off with less than four (4) hours notice (except for sickness), the employee has any prior or concurrent disciplinary action or counseling for any reason, the discipline for the no show/failure to call off with less than four (4) hours notice

(except for sickness) shall escalate to the next level for the offense.

(vi) Calling off with four or more hours notice is not an offense subject to discipline under this section 2(c) unless such calling off occurs more than

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two times during any government contract year. In such case, this Section

2(c) shall apply.

(d) Immediate Discharge Subject to the foregoing, any other offense, including without limitation, the following offenses, shall subject an employee to immediate discharge:

(i) fail to act in the best interests of the Employer while on duty,

(ii) cause the Employer to violate any collective bargaining agreement with any union representing the security guards working under the HHS

Contract,

(iii) fail to appropriately inspect, supervise and/or discipline security guards working under the HHS Contract,

(iv) fail to meet the requirements of a supervisor under the HHS Contract,

(v) abuse of authority,

(vi) neglect of duty or failure to perform the duties,

(vii) breach of security,

(viii) conduct which impugns or disparages the HHS or its agents, or the

Employer or its agents, to the Government or to other third parties, except when such conduct is privileged under the specific law,

(ix) inappropriate conduct directed at or involving Government employees, members of the public or contractor employees at or near the federal facilities, or while in uniform,

(x) unless otherwise stated in this Agreement, a serious or repeated violation of the code/standards of conduct/any employee personnel policy manual of

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Employer and/or security guard manual,

(xi) dishonesty, misappropriation of funds, theft, assault, intoxication or drinking on duty, or illegal use or possession of drugs and narcotics,

(xii) immoral conduct,

(xiii) fighting on post or HHS premises,

(xiv) breach of HHS or GSA building rules or regulations,

(xv) sleeping while on duty,

(xvi) willful destruction of property or destruction of property resulting from negligence,

(xvii) criminal misconduct,

(xviii) improper discussion of work related issues with the Government, any subordinates or security guards working under the HHS Contract or any third party contractors or vendors; including, but not limited to, any issue that could be the subject of a grievance under this Agreement,

(xix) the employee is insubordinate in connection with employment,

(xx) unless otherwise stated in this Agreement, a serious or repeated violation of any other requirements or policies of the Employer or the Government,

(xxi) improper use of a firearm or possession of a firearm not issued or authorized by the Employer,

(xxii) any conduct which causes the Government to issue a monetary penalty or deduction against the Employer,

(xxiii) engaging in sexual harassment, any unlawful conduct or any other conduct prohibited by the Employer, Page!18!of!39!

(xxiv) dating or engaging in a sexual relationship with any coworkers, subordinates or servants or agents of the Government, or attempting the same,

(xxv) fraternizing with subordinates or servants or agents of the Government, or

(xxvi) failure to report for training or work as scheduled, unless otherwise provided herein.

Section 3. Any meeting between an employee and the Employer during which discipline in the form of a suspension or discharge is expected to be imposed must, at the request of the affected employee, be conducted in the presence of an authorized steward or other Union representative.

ARTICLE 7 - JOB OPPORTUNITIES

Section 1. If a vacancy occurs in a regular position covered by this Agreement, the

Employer will consider all applications for the open position received within the prior thirty (30) days. The Employer will fill the position as it deems to be in the best interest of its operations, the needs and approval of the Government, the qualifications of applicants and the seniority of applicants for the position. Subject to the foregoing, the position shall be given to the applicant with the greatest seniority.

Section 2. In the interest of maintaining continuing operations, the Employer may temporarily assign an employee to a vacant or new position until the job is filled according to this Article.

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ARTICLE 8 - HOURS OF WORK AND OVERTIME

Section 1. Shifts shall be scheduled in the discretion of the Employer to fulfill the needs of the HHS. Nothing contained herein shall guarantee to any employee (i) any number of hours of work per day or week, (ii) any particular shift, or (iii) any particular post assignment. Subject to the foregoing and subject to change, when reasonably possible, a schedule shall be posted by the Employer at least two (2) weeks in advance.

Section 2. An overtime rate of one and one-half (1½) times an employee’s base pay

(exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a workweek.

Section 3. Overtime or premium pay shall not be pyramided, compounded or paid twice for the same hours worked.

Section 4. If the Employer has less than 24 hours advance notice that overtime will be required, or that the employee will be required to work beyond the hours scheduled on a particular day, the employee shall be required to work such overtime or beyond scheduled hours unless the employee is excused for good cause. If an employee is not relieved at the end of his/her shift, the employee may be required to remain on post until relieved, not to exceed 12 hours in any 24 hour period except for emergencies and inclement weather. The Employer shall use reasonable efforts to allow employees with child care obligations to be relieved as soon as possible and shall allow such employees an opportunity (not to exceed twenty (20) unpaid minutes) to make necessary child care arrangements. Failure to accept assignments or remain on post when not reasonably excused by a supervisor shall be grounds for discipline up to and including immediate termination.

Section 5. If the employer has advance notice of 24 hours or more that overtime will be

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required, or that the employee will be required to work beyond the hours scheduled on a particular day, whenever possible, such overtime will be offered to each full-time employee based upon seniority and then to each part-time employee based upon seniority, provided that the

Employer is not required to offer overtime to any employee that (i) is then scheduled to work forty (40) hours or more during the work week, or (ii) the additional overtime hours, when added to the hours then scheduled to work for such employee, will exceed forty (40) hours in the work week. In order to accomplish the foregoing, on a monthly basis, the employer shall post a signup sheet for full-time employees and a separate sign-up sheet for part-time employees desiring to work overtime during the month.

Section 6. Each employee may be required to punch in on the time clock when reporting or duty, to punch out and in for lunch if the employee leaves the building, and to punch out at the end of the employee’s shift, or to otherwise maintain time records as required by the Employer.

Where time clocks are not available, employees shall sign in and out on GSA Form 139 applicable to his/her post. Employees who work at posts which provide self-breaks must obtain permission before leaving the premises for break periods or during Employer paid lunch breaks.

ARTICLE 9 - WAGES

Section 1. Currently, effective as of October 1, 2011, the base hourly wages for bargaining unit employees are:

• Console Operators (Parklawn): $25.25 per hour

• Mobile & Lobby Supervisors (Parklawn & FDA Mod): $25.75 per hour

• Lead Lobby Supervisor (FDA Mod): $26.00 per hour

• Shift Supervisor (Parklawn): $26.75 per hour

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• Weekday 2nd Relief Shift Supervisor (Parklawn): $27.65 per hour

Section 2. Effective October 1, 2012, the base hourly wages for bargaining unit employees shall be:

• Console Operators (Parklawn): $25.85 per hour

• Mobile & Lobby Supervisors (Parklawn): $26.35 per hour

• Shift Supervisor (Parklawn): $27.35 per hour

• Weekday 2nd Relief Shift Supervisor (Parklawn): $28.25 per hour

(Note, the Lead Lobby Supervisor for the FDA-Mod has been removed since this position does not apply anymore under this contract)

Section 3. Employees will be paid the base hourly wage consistent with the duty they are performing.

ARTICLE 10 - HOLIDAYS

Section 1. Armed and unarmed employees assigned to locations pursuant to the HHS

Contract will receive the following 11 holidays: New Years Day, Martin Luther King, Jr. Day, Presidents’ Day, Labor Day, Memorial Day, Independence Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and employee’s birthday.

Section 2. Full-time employees who are not required to work on a holiday shall be paid eight (8) times his or her base hourly straight time wage rate, exclusive of any shift, overtime, or benefit allowance payments. To the extent permitted by applicable law, an employee will be paid holiday pay only if:

(a) The employee works as scheduled or assigned both on his/her last scheduled work day prior to and his/her first scheduled work day after the day on which the holiday is observed, and

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(b) The employee is not laid off or on a leave of absence.

Section 3. Any full-time employee who works as scheduled on a holiday shall receive the employee’s regular rate for all hours worked and, in addition, shall receive eight (8) hours holiday pay providing the employee meets the requirements of Section 2, above.

Section 4. An employee who is scheduled to work on a holiday and fails to report for such work without reasonable cause shall forfeit the employee’s holiday pay and shall be subject to discipline under Article 6.

Section 5. Any regular part-time employee who works as scheduled on a holiday shall receive the employee’s base hourly straight time wage rate for all hours worked plus prorated holiday pay, not to exceed 8 hours, based on the number of hours worked by the employee during the week preceding the holiday divided by thirty six (36), which fraction shall be multiplied by eight (8). Holiday pay for regular part-time employees who do not work on a holiday and who meet the eligibility requirements set out in Section 2, above, shall be paid only a proration of the fulltime benefit, not to exceed 8 hours, based on the number of hours worked by the employee during the week preceding the holiday divided by thirty six (36), which fraction shall be multiplied by eight (8).

ARTICLE 11 - VACATIONS

Section 1. Full-time employees shall be entitled to annual vacation pay, based on their continuous years of service in federal HHS-contracted security with the Employer (and its predecessor contractors) and their base hourly wage at the time payment is made, in accordance with the following schedule:

Upon completion of 1 year of service 80 hours

Upon completion of 5 years of service 120 hours

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Upon completion of 12 years of service 160 hours

Section 2. Part-time employees shall be entitled to vacation pay as set forth above, but on a prorated basis as calculated by the percentage of non-overtime hours worked the prior year as compared to 1,920 hours.

Section 3. Each employee who qualifies for a vacation in accordance with the provisions of this Article shall notify the Employer in writing prior to December 1st of each year of his or her first and second choice for desired vacation periods, if any. Notwithstanding the foregoing, and unless the Employer agrees otherwise, an employee who qualifies for a vacation in accordance with this Article may request time off for a vacation at least ninety (90) days prior to the requested vacation time off. The Employer’s Assistant Project Manager (or other appropriate

Company representative) will attempt to approve vacation schedules so as to be mutually satisfactory to the employee and the Employer consistent with the seniority of employees requesting vacation time off; provided, however, that (i) no more than five percent (5%) of employees may take vacation time off at the same time, (ii) the final scheduling of vacation periods shall rest exclusively with the Employer in order to insure orderly and efficient operations, and (iii) previously approved vacations will not be changed without the consent of the employee with the previously approved vacation.

Section 4. Earned vacation will be paid out by the employer within 30-days upon the employee’s request. Earned vacation will not be pyramided – if earned vacation is not requested to be paid out by the employee, the employer will pay all earned vacation to the employee on or before the employee’s next anniversary date. Vacation time will be taken without additional pay, subject to Article 12, Section 2 below.

Section 5. Vacation time shall not be cumulative from one year to the next.

Section 6. Length of service with the Employer shall not accrue for purpose of vacation

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benefits while an employee is on a leave of absence.

ARTICLE 12 - HEALTH AND WELFARE ALLOWANCE

Section 1. Each employee must elect in writing one of the following: (i) participation in the Union’s Health and Welfare Fund, in lieu of the Health and Welfare Allowance payments described in this Article, (ii) an amount equal to the Health and Welfare Allowance payments described in this Article contributed to the Union’s pension plan, or (iii) receipt in cash of the

Health and Welfare Allowance payments described in this Article, less applicable withholding.

Section 2. The Employer shall make Health and Welfare Allowance payments consistent with the election of each employee. If an employee fails to make an election, the employee shall be deemed to have selected participation in the health and welfare plan sponsored by the Union.

No employee shall receive Health and Welfare Allowance payments for more than 2,080 hours per Government contract year.

Section 3. Currently, effective as of October 1, 2011, the Health and Welfare

Allowance to bargaining unit employees for the first forty (40) hours of any workweek actually worked is $4.10 per hour.

Section 4. Effective October 1, 2012, the Health and Welfare Allowance to bargaining unit employees for the first forty (40) hours of any workweek actually worked is

$4.50 per hour.

ARTICLE 13 - RETIREMENT ALLOWANCE

Section 1. Currently, effective as of October 1, 2011, the Employer makes a

Retirement Allowance payment on behalf of each employee, to a fund designated by the Union, Page!25!of!39!

at the rate of $0.80 per hour, for each hour worked up to forty (40) hours per week, not to exceed

2,080 hours per year.

Section 2. Effective October 1, 2012, the Employer will make a Retirement

Allowance payment on behalf of each employee, to a fund designated by the Union, at the rate of

$0.80 per hour, for each hour worked up to forty (40) hours per week, not to exceed 2,080 hours per year.

Section 3. On an annual basis, the Union will provide any plan documents deemed necessary by AmeriGuard to assess if the Union Pension Plan referenced herein is a Bona Fide retirement plan in compliance with applicable IRS rules an ERISA.

ARTICLE 14 - UNIFORM ALLOWANCE

Section 1. Effective October 1, 2012, the Employer will exchange one (1) short-sleeve shirt and one (1) long-sleeve shirt if needed as a replacement uniform item to each employee per year.

Section 2. If an employee covered by this Agreement is a probationary employee, they shall not receive any replacement uniform items until they have passed their probationary period.

ARTICLE 15 - SICK LEAVE

Section 1. Employees shall earn up to 48 hours of paid sick leave per full government contract year, which hours shall accrue at the rate of up to 4.0 hours per month not to exceed 48 hours per government contract year for each month of 144 hours or more of work as an armed or unarmed employee. For months during which fewer hours are worked as an armed or unarmed

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employee, the accruals for those months will be prorated based on an average of 1,920 work hours per year. Paid sick leave time will only be accrued at the conclusion of each month.

Section 2. Sick leave time off must be approved by the employee’s immediate supervisor or the Assistant Project Manager and shall be taken in no less than four (4) hour increments. Sick leave requests which exceed the accrued amount of sick leave then available to an employee must be processed under Article 16. Approved sick leave shall be regarded as an excused absence.

Section 3. Any employee who is unable to report to work because of sickness shall notify the Employer at least two (2) hours prior to the beginning of his/her regular shift.

Section 4. Earned sick leave will be paid to each employee at the employee’s base hourly rate of pay at the time earned and shall be paid on the payroll immediately following the sick leave. Unused sick leave will not carry over from contract year to contract year, but will be paid at 100% of the earned amount within 45 days after the end of the Government contract year.

Section 5. A note from a doctor shall not be required for sick leave of less than two consecutive days unless, (i) as a result of a pattern of absences by the employee, (ii) the

Employer has reason to suspect that the employee is not sick, or (iii) all of the then earned sick leave has been used.

ARTICLE 16 - LEAVES OF ABSENCE

Section 1. Personal leaves of absences not to exceed thirty (30) calendar days may be granted at the discretion of the Employer without loss of seniority to employees.

Section 2. An employee may be granted a medical leave of absence for a specified period not to exceed twelve (12) weeks, provided the applicable medical condition is made known to

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the Employer in accordance with the provisions of this Article, is supported by a doctors certificate showing the nature of the illness and the estimated length of time the employee will be unable to perform his/her job. During such leave, the employee shall be required to furnish a similar report from a doctor when requested periodically by the Employer. Upon the expiration of said leave, the employee shall furnish the Employer with a statement, signed by a physician, which establishes the fitness of the employee to return to the employee’s job. Should the

Employer have reason to doubt the fitness of the employee to return to the employee’s job, the

Employer may, at its own expense, require the employee to pass a physical examination to the satisfaction of a physician appointed by the Employer prior to the employee’s return to work.

Section 3. To the extent a specific leave under this Agreement may be deemed to be one covered by a governing state or federal law regulating such leaves, this Article will be construed and applied in a manner consistent with such requirements with the Employer retaining all rights allowed to it under such laws. Employees may be required to exhaust paid leaves, as allowed by law, in such instances.

Section 4. An employee shall be granted a military leave of absence, as required under applicable federal law, for the time spent in full-time active duty in the armed forces of the

United States. The period of such leave, and reinstatement upon the expiration of such leave, shall be determined in accordance with applicable federal law in effect at the time of such leave.

Section 5. A leave of absence shall be processed in the following manner:

(a) Any request for a leave of absence shall be submitted in writing at least ten (10) calendar days prior to the date such leave shall take effect, except in case of emergency, and shall include:

(i) the reasons for such leave;

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(ii) the effective date of such leave; and

(iii) the estimated date of return to work.

(b) The written request for a leave of absence shall be submitted to the project manager for final disposition.

(c) If the request for a leave of absence is approved, a copy of the approved leave of absence will be given to the employee involved.

Section 6. All leaves of absences shall be subject to the following general provisions except to the extent otherwise required by applicable state or federal law:

(a) Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of Article 4 of this Agreement;

(b) Any employee who receives a leave of absence for a definite period of time shall not be entitled to return to work until the expiration of such leave unless the

Employer elects to waive this provision;

(c) Such leaves shall be without payroll compensation or Employer paid benefits unless the employee is eligible for paid vacation days under the provisions of this Agreement, and then those benefits shall be the sole source of payment to the employees; and

(d) Leaves covered by the Family and Medical Leave Act (“FMLA”) for employees eligible for said leaves, shall be administered in a manner consistent with the FMLA, as determined by the Employer, and the Employer may require the employee to use accrued vacation days, and other leave benefits under this Agreement, concurrent with the leaves granted under the FMLA, as allowed by the FMLA. Action taken by the Employer to comply with the

FMLA shall not be the subject of a grievance nor give rise to a claim that this Agreement has been violated.

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ARTICLE 17 - FUNERAL LEAVE AND JURY DUTY

Section 1. Employees shall be eligible for up to three (3) days of paid funeral leave per full Government contract year (which begins on January 1) for purposes of attending, on a day normally scheduled to work, the funeral of a parent, step parent, spouse, child, sibling, grandparent or grandchild. Unpaid leave of up to three days shall be given for purposes of attending the funeral of a father-in-law or mother-in-law. The employee must provide his/her immediate supervisor with at least twenty-four (24) hours prior written notice, whenever possible, of the need for funeral leave in order to be paid this benefit. Proof of death (i.e. an obituary or service program) must be provided to the Employer upon the employee’s return to work. Funeral days shall not be cumulative, nor shall they be payable if not used. This benefit shall be paid based upon the base hourly straight time wage rate of the employee, not to exceed eight (8) hours per day.

Section 2. Employees shall be eligible for up to fifteen (15) days of paid leave per full

Government contract year (which begins on January 1) to serve on a jury. The employee must provide his/her immediate supervisor with at least ten (10) days prior written notice of the requirement to serve on a jury, or as soon as notice is received, if less than ten (10) days, in order to be paid for this benefit. Proof of jury service must be provided to the Employer. Jury duty days shall not be cumulative, nor shall they be paid if not used. This benefit shall be paid based upon the base hourly straight time wage rate of the employee, not to exceed eight (8) hours per day, less all amounts received by the employee from any court or government agency to serve on a jury.

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ARTICLE 18 - RETURN OF UNIFORMS/TRAINING

Section 1. Upon the termination of employment, each employee will be responsible to return all Company-issued uniforms and equipment in good condition, reasonable wear excepted, within five (5) days after the employee’s last day of work. The actual cost to the Employer of any article(s) of a uniform and/or equipment not returned to the Company within five (5) days after the employee’s last day of work will be deducted from the employee’s final pay check.

Each employee will agree in writing authorizing the deduction from his/her last payroll check as provided above.

Section 2. The Union and the Employer recognize that employee training required…