18. CBA Centerra and TWU..pdf

CBA (Centerra & TWU Local 525 – CCSFS) (April 1, 2022 through September 30, 2023)

FIREFIGHTER’S AGREEMENT

Between

CENTERRA GROUP, LLC.

And

TRANSPORT WORKERS UNION

OF AMERICA AFL/CIO

LOCAL 525

CAPE CANAVERAL SPACE FORCE

STATION, FLORIDA

EFFECTIVE DATE: April 1, 2022

EXPIRATION DATE: September 30, 2023

TABLE OF CONTENTS

ARTICLE 1: PURPOSE & INTENT OF THE AGREEMENT

ARTICLE 2: RECOGNITION & SCOPE

ARTICLE 3: RIGHTS OF MANAGEMENT

ARTICLE 4: UNION REPRESENTATION

ARTICLE 5: ASSIGNMENT & AUTHORIZATION FOR CHECK-OFF OF

UNION DUES

ARTICLE 6: GRIEVANCE PROCEDURE & ARBITRATION

ARTICLE 7: NON-DISCRIMINATION

ARTICLE 8: CONTINUITY OF OPERATIONS

ARTICLE 9: GENERAL & MISCELLANEOUS PROVISIONS

ARTICLE 10: SENIORITY

ARTICLE 11: HOURS OF WORK & WORKWEEK

ARTICLE 12: JURY & WITNESS DUTY

ARTICLE 13: OVERTIME

ARTICLE 14: POLITICAL CONTRIBUTIONS COMMITTEE

ARTICLE 15: RATES OF PAY

ARTICLE 16: HOLIDAYS

ARTICLE 17: VACATION

ARTICLE 18: SICK LEAVE

ARTICLE 19: BEREAVEMENT LEAVE

ARTICLE 20: LEAVES OF ABSENCE

ARTICLE 21: SPECIALTY TEAMS

ARTICLE 22: EMERGENCY MEDICAL SERVICES (EMS)

ARTICLE 23: UNIFORMS & UNIFORM MAINTENANCE

ARTICLE 24: GOVERNMENT SECURITY

ARTICLE 25: HEALTH & WELFARE

ARTICLE 26: RETIREMENT PROGRAM

ARTICLE 27: 401(K) SAVINGS PLAN

ARTICLE 28: SEVERANCE PAY

ARTICLE 29: SEPARABILITY OF THE CONTRACT

ARTICLE 30: DISTRIBUTION OF THIS AGREEMENT

ARTICLE 31: DURATION

SIGNATURE PAGE

ATTACHMENT 1: DRUG & ALCOHOL POLICY

ATTACHMENT 2: PHYSICAL FITNESS PROGRAM

THIS AGREEMENT, dated as of the 1st day of April 2022, at the Cape Canaveral

Space Force Station, Florida (“CCSFS”) by and between Centerra Group, LLC, (hereinafter referred to as the “Company” or “Centerra”) and the Transport Workers

Union of America and its Local 525, (hereinafter referred to as the “Union”, which reference is deemed hereinafter in each instance to refer to the Transport Workers Union of America and its Local 525).

WHEREAS the parties have negotiated the terms and conditions of a Collective

Bargaining Agreement (hereinafter referred to as the “Agreement”), relating to Fire classifications of the Company represented by the Union and more particularly described in this Agreement and to the wages, hours and other terms and conditions of employment of such classifications, and the parties’ desire to reduce the Agreement to writing.

NOW, THEREFORE, in consideration of mutual promises hereinafter set forth, the parties hereto agree as follows:

ARTICLE 1: PURPOSE & INTENT OF THE AGREEMENT

1.1 It is the intent and purpose of this Agreement to assure sound and mutually beneficial, industrial and economic relationships between the parties hereto, to provide an orderly and peaceful means of conducting negotiations and resolving any misunderstanding of grievances, and to set forth the basic agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment.

1.2 The Union, the Company, and all employees are bound by and hereby pledge their cooperation in observing all provisions of this Agreement.

1.3 Any contractual requirements which are now or may be imposed in writing upon the

Company by its client or the government agency responsible for the operation will apply with equal force and affect to employees covered hereunder, notwithstanding any possible conflict with any provisions of this Agreement. Copies of the contractual requirements so imposed will be made available to the Union within a reasonable time, and the Company and the Union agree to meet and discuss the matter looking towards bringing this Agreement into harmony with the contractual requirements so imposed.

1.4 This Agreement shall be binding upon the parties hereto, their successors and assigns and no provisions, terms or obligations herein contained shall be affected, modified, altered, or changed in any respect by the consolidation, merger, sale, transfer, succession, or assignment of either party, or affected, modified, altered, or changed in any respect by a change of any kind in the legal status, ownership, or management of either party. In the event the Company ceases to perform the Fire Services functions at the Cape Canaveral fire Station, the Company shall be released from all obligations under this Agreement other than those set forth in Article 28.

ARTICLE 2: RECOGNITION & SCOPE

2.1 Union Recognition

The National Labor Relations Board having duly certified the Transport Workers Union of America, AFL-CIO, on November 30, 1965, in case number 12-RC-2347, the

Company recognizes the Union in accordance with Section 9(a) of the National Labor

Relations Act, as amended, as the exclusive representative for all Firefighters, Firefighter/Paramedics, Firefighter/Drivers, Firefighter/Lieutenants and Fire Inspectors employed by the Company at the Cape Canaveral Fire Station, Florida, excluding all office clerical employees and supervisors as defined in the Act.

2.2 Performance of Work

Supervisors will not perform the duties of employees in the bargaining unit, other than in emergency situations or for the purpose of instructing employees. Supervisors are not to perform any unit work solely to prevent a unit employee from earning overtime.

2.3 Jurisdiction of Work

The parties agree that any work presently being performed by a job classification in the bargaining unit shall remain with this unit and classification.

ARTICLE 3: RIGHTS OF MANAGEMENT

The management of the Company and the direction of the work force are vested exclusively in the Company subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration by the Company in accordance with such policy or procedure as the Company from time to time may determine.

ARTICLE 4: UNION REPRESENTATION

4.1 The Union agrees that neither the Union nor any of its members will intimidate or coerce employees in their right to join a labor organization or refrain from such activity, or solicit membership on Company time, or conduct on Company time any Union activity other than that of handling disputes or grievances in connection with this Agreement.

4.2 The Union may designate one (1) Shop Steward for each shift and two (2)

Committeemen to function as an alternate in the Steward’s absence, and one (1) Shop

Steward and one (1) Committeeman for the non-combat personnel, EMS will have one

(1) Shop Steward and two (2) Committeemen. Before a change to the number previously agreed upon can occur, a meeting between the Company’s Project Manager/Fire Chief and the Union’s Section Chair or his designee shall be held. No unilateral change may be made to the number so recognized. The Shop Stewards and Committeemen shall be employees of the Company. The Union shall inform the Company in writing of the names of its Officers, Shop Stewards and Section Chairman, Vice-Section Chairman and

Committeemen who are accredited to represent it. This information shall be kept up to date at all times. Only persons so designated will be accepted by the Company as representatives of the Union.

4.3 Solicitation of Union membership, collection or checking of dues, will not be permitted during working hours. The Company agrees not to discriminate in any way against any employee for Union activity, but such activity shall not be carried on during working hours except as specifically provided for in this Agreement.

4.4 Scope of Shop Steward/Committeeman in Handling Union Activities

Union activities on Company time shall fall within the scope of the following functions:

4.4.1 To consult with an employee regarding the presentation of a request, complaint, or grievance which the employee desires him to present.

4.4.2 To investigate a complaint or grievance of record before presentation to the appropriate supervisor.

4.4.3 To present a request, complaint, or grievance to an employee’s immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

4.4.4 To meet with an appropriate manager or other designated representative of the Company, when necessary to adjust grievances in accordance with the grievance procedure of this Agreement. The Company and the Union are in agreement that the minimum amount of time should be spent in the performance of these duties.

4.5 Scope of Union Representatives’ Activities

Subject to existing security regulations, authorized representatives of the Union shall have access to the Company’s work areas during work hours for the purpose of investigating grievances, complaints, or matters arising out of the application of this

Agreement and for the purpose of attending meetings in accordance with the grievance procedure. He shall obtain from the Company authorization for each visit, and such visit shall be subject to such regulations as may be made from time to time by the Company.

The Company will not impose regulations which will exclude such representatives from the work areas nor render ineffective the intent of this provision.

4.6 Permission to Leave Work for Union Activities

When a Steward or Committeeman is required to leave his regular duties for the orderly and expeditious handling of a grievance, complaint, or other recognized Company-Union business, the procedure outlined below will be followed:

4.6.1 The Steward or Committeeman will notify his supervisor whenever he must leave his assigned job. In conjunction with securing permission from his supervisor to leave his area, he shall indicate to said supervisor when he will be leaving, the reason for leaving, his destination, the individual to be contacted, and the approximate time of his return.

4.6.2 When entering the area of another supervisor’s responsibility, he will contact the supervisor before attempting to contact an employee.

4.6.3 After completing the business for which approval to leave had been obtained, he will resume his regularly assigned duties.

4.6.4 A reasonable amount of time will be granted to the Steward or

Committeeman for the investigation of grievances.

4.6.5 A Union Representative must obtain permission from the Deputy Chief or

Project Manager/Fire Chief to conduct union business in regard to grievance activity or leave work for Union Business. Time away from the workstation for grievance investigation may not exceed one hour in duration while on duty, without coordination with the Project Manager/Fire Chief or his designee. The ability to be off on Union Business should not result in the Department incurring a significant amount of overtime for backfill unless approved by the Project

Manager/Fire Chief.

ARTICLE 5: ASSIGNMENT & AUTHORIZATION FOR CHECK-OFF OF

UNION DUES

5.1 All employees covered by this Agreement shall, thirty (30) days from the date of employment, or thirty (30) days from the date of this Agreement, whichever is later, as a condition of employment, pay initiation fees and membership dues uniformly required as a condition of acquiring or retaining membership, or alternatively a sum of money determined to constitute a representation fee, prescribed by the Union rules.

5.2 Such employees who are or become members of the Union shall pay initiation fees and membership dues as set forth herein except that payment of initiation fees and membership dues shall not be required as a condition of employment during periods in which the employee is not in pay status, or during periods in which the employee, though being in pay status, is employed in a classification not covered under this Agreement.

5. Any employee who is more than sixty (60) days in arrears in the payment of representation fees or initiation fees/membership dues attributable to periods of time on and after the date of this Agreement or thirty (30) days following the date of his employment, whichever is later, shall be subject to discharge.

5.4 When an employee becomes delinquent within the meaning of Article 5.3 hereof, the following shall apply:

(a) The International Representative of the Union, or his designee, shall notify the employee in writing, by registered mail, return receipt requested, with a copy to the

Company that he is delinquent in the payment of initiation fees and/or membership dues, as specified herein, and accordingly is subject to discharge as an employee of the Company. Such letter shall also notify the employee he must remit the required payment within fifteen (15) days of the date of the notice being mailed or be subject to discharge.

(b) If, upon the expiration of the fifteen (15) day period, the employee still remains delinquent, the International Representative of the Union, or his designee, shall certify in writing to the Company, with a copy to the employee, that the employee has failed to remit payment within the fifteen (15) day grace period provided in subsection (a) above, and is, therefore, to be discharged from the Service of the Company, and shall so discharge him upon delinquency for sixty (60) days unless he files a grievance as provided in Article 5.6.

(c) An employee discharged by the Company under the previous paragraph shall be deemed to have been discharged for just and sufficient cause

5.5 A discharge under the terms of this Agreement shall be based solely upon the failure of the employee to pay or tender payment of representation fees, or initiation fees and membership dues, and not because of denial or termination of membership in the Union upon other grounds.

5.6 A grievance by an employee who is to be discharged as a result of an interpretation or application of this Agreement shall be subject exclusively to the following procedure:

(a) An employee who is to be so discharged who believes that the provisions of this Agreement pertaining to him have not been properly interpreted or applied may submit their request for review in writing within seven (7) workdays from the date of his notification by the Company as provided above. The request will be submitted to their immediate supervisor who will review the grievance and render his decision in writing not later than seven (7) workdays following the receipt of the grievance.

(b) The grievance shall otherwise be processed pursuant to grievance procedures set forth in Article 6 of this Agreement.

(c) The Union agrees that it shall indemnify the Company and save the Company harmless from any and all claims, awards, or judgments, including court costs and legal fees, which may be made by an employee or employees against the

Company by virtue of the misinterpretation or misapplication of any terms of this

Article.

5.7 During the period of this Agreement, the Company agrees to deduct from the first paycheck of each month of each bargaining unit member, and remit to the Union, membership dues, or fees uniformly levied in accordance with the Constitution, and/or

By-laws of the Union and as prescribed by law, provided such member voluntarily executes the Union’s “Check-Off Form”.

5.8 When a member executes such “Check-Off Form” in a manner suitable to the Union, the International Representative of the Union shall forward an original copy to the

Company. Any notice of revocation, as provided for in this Agreement or applicable law, must be in writing, signed by the employee, and delivered by registered mail, addressed to the appropriate accounting official of the Company with a copy to the Local Union.

Check-Off Forms and notice received will be stamp dated on the date received and will constitute notice to the Company on the date received and not when mailed.

5.9 When a Check-Off Form, as specified herein, is received by the appropriate accounting official on or before a given payday, deductions will commence with the employee’s first paycheck of the month following said payday and will continue thereafter until revoked or canceled as provided in this Agreement. The accounting office of the Company will remit to the Union checks in payment of all dues collected. Those remittances will be subject to normal accounting practice with respect to adjustments necessary because of methods involved in the collection procedure. The Company remittances of dues/fees to the Union will be accompanied by lists of names and employee numbers of the employees for whom deductions have been made in that particular period and individual amounts deducted.

5.10 No deductions of dues/fees will be made from wages of any employee who has executed a Check-Off Form and who has been transferred to a job not covered by this

Agreement, or who is not in pay status. Upon return to work within a classification covered by this Agreement, deductions from future wages shall be automatically resumed provided the employee has not revoked the assignment in accordance with this

Agreement, and provided it is in accordance with the other appropriate provisions of this

Agreement and applicable law.

An employee who has executed a Check-Off Form and who resigns or is otherwise terminated from the employ of the Company, shall be deemed to have automatically revoked his assignment and if he is recalled or reemployed, further deduction of dues/fees will be made only upon execution and receipt of a new Check-Off Form.

5.11 Collection of any back dues/fees owed at the time of starting deductions from any employee, and collection of dues/fees missed because the employee’s earnings were not sufficient to cover the payment of dues/fees for a particular pay period, will be the responsibility of the Union and will not be subject to payroll deductions.

5.12 Deductions of dues/fees shall be made in a flat sum from the employee’s first paycheck of each month provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or requirement by law have been satisfied. In the event of termination of employment, the obligation of the

Company to collect dues/fees shall not extend beyond the pay period in which the employee’s last day of work occurs.

5.13 In the event any part of this Article is determined not to be in compliance with applicable law, the parties shall meet and renegotiate new language to comply with applicable law and to fully implement the Union’s rights under the law to collect dues/fees. In the event the parties cannot reach agreement, an arbitrator shall determine the contract language using the grievance procedure set forth herein.

ARTICLE 6: GRIEVANCE PROCEDURE & ARBITRATION

6.1 Complaints

An employee or employees having a complaint shall have the right to verbally present the same directly or through a Steward or Union President to his immediate Assistant Chief or his designee.

If the complaint is not settled within six (6) calendar days for the combat employees and involves a matter concerning the interpretation or application of this Agreement, it may be reduced to writing by the Steward or Union Chair and be considered as a grievance subject to the Procedure hereinafter described.

6.2 Time for Presentation of Grievances

All grievances shall be presented as soon as practicable after the occurrence upon which the same is based, but no later than twenty (20) calendar days after the occurrence or knowledge of the occurrence. However, any matters concerning termination or suspension shall be submitted within seven (7) calendar days. Failure to submit a grievance within such periods shall constitute a bar to further action.

Regularly scheduled days off and holidays shall not be counted in computing the due date for any grievance presentation or any decision of appeal. Time limits for grievances at any step may be extended in writing by mutual agreement between the Local Union

Section Chair or his designee and the Project Manager/Fire Chief or his designee. If it is determined under the grievance procedure, including arbitration, that any adjustment in wages is appropriate, such adjustment shall be applied retroactively to the date of occurrence, provided that such date is not more than thirty (30) calendar days prior to the date upon which the grievance was presented.

6.3 Presentation of Grievance

Grievances arising between the Company and its employees subject to this Agreement shall be settled in accordance with the procedures outlined herein. Only matters dealing with the interpretation or application of the terms of this Agreement shall be subject to the grievance procedure.

If there is any grievance, dispute or difference between any of the parties with respect to the interpretation or application of any provision of this Agreement, such grievance, dispute or difference shall be reduced to writing and processed in accordance with the following steps in this grievance procedure, providing that they are within the time limits described herein, and to have such grievances adjusted as long as the adjustment is not inconsistent with the terms of this Agreement.

Grievances shall be discussed in accordance with the procedure below, however, all grievances must be reduced to writing by the Steward or Union Section Chair and specify the following:

(a) The facts upon which the grievance is based;

(b) The Section(s) of the Agreement claimed to have been violated; and

(c) The settlement requested.

In cases involving dismissal or suspension for just cause, the grievance shall be instituted at Step 3.

Step One: The employee shall first discuss the grievance orally with a Shop Steward and if the Shop Steward considers the grievance to be valid the employee and the Shop

Steward will contact the Fire Chief within six (6) calendar days or two (2) shifts following the date of the occurrence giving rise to the grievance and will attempt to affect settlement. This procedure, however, will not prevent any employee from contacting his appropriate immediate supervisor directly regarding a grievance if he/she so chooses. The

Fire Chief will answer the grievance within six (6) calendar days (excluding the immediate supervisor’s scheduled days off) following such discussion. If the grievance cannot be orally settled the following procedure shall apply.

Any final decision with respect to any grievance in Step One shall apply to that grievance only and shall not in any manner become a binding precedent which binds the parties as to the interpretation of this Agreement.

Step Two: If no settlement is reached, the grievance will, within six (6) calendar days of the discussion with the immediate supervisor, be reduced to writing, signed by the grievant and the Local Union Section Chair, and presented to the VP, Operations, or his designee. The VP, Operations or his designee will meet within six (6) calendar days of receipt of the grievance with the Local Union Section Chair or his designee to attempt to settle the grievance. The VP, Operations or his designee shall give his answer in writing with a copy to the grievant and the Union within six (6) calendar days of the date the grievance was presented to him. It is understood that this meeting may take place telephonically.

Step Three: If no settlement is reached in Step Two, the Local Union Section Chair or his designee shall appeal the grievance to the Company’ Director of Labor Relations or designee within six (6) calendar days of denial by the Project Manager/Fire Chief. The

Director of Labor Relations or his/her designee will meet within six (6) calendar days of receipt of the grievance with the Local Union Section Chair or his designee to attempt to settle the grievance. Telephonic meetings may occur due to the geographical separation of the parties involved. The Director of Labor Relations or his designee shall give his/her answer to the grievance within six (6) calendar days (excluding his scheduled days off) of the date of such meeting. All decisions of the Director of Labor Relations or his designee shall be final and binding upon the parties concerned unless the Union informs the

Company within seven (7) calendar days from the date of such final Company decision that it desires to submit the matter to arbitration.

Failure of the Company to reply within the time limits set forth shall entitle the Union to proceed to the next step.

Step Four: Any grievance which has not been finally settled or disposed of in accordance with the steps of the grievance procedure herein outlined may be submitted to arbitration within seven (7) calendar days of receipt of the Third Step reply.

6.4 Union vs. Company

In certain instances, the Union may wish to file a grievance directly against the Company.

This process shall begin at Step Three and shall be limited to matters dealing with the interpretation or application of the terms of this Agreement. Such grievances shall be submitted in writing to the Director of Labor Relations or his designated representative, and shall contain the following:

(a) Statement of facts upon which the grievance is based;

(b) The Section(s) of the Agreement alleged to have been violated; and

(c) The settlement requested.

6.5 Arbitration - Rules of Procedure

Any party desiring arbitration shall notify the other party in writing within the aforementioned seven-day period. The party desiring arbitration must, within seven (7) calendar days after receipt of such notice, request the Federal Mediation and Conciliation

Service to submit a panel of seven (7) arbitrators.

Within seven (7) calendar days of receipt of such list, the Union shall strike the first name from the panel with the Company striking the next name with this process continuing until only one name remains. The remaining name shall be the arbitrator.

The arbitrator shall consider only the particular issue or issues presented to him in writing by the Company and the Union. The authority of the arbitrator shall be strictly limited to the interpretation or application of the existing terms of this Agreement, and all other matters are expressly excluded from arbitration. In no event shall the same question or issues be the subject of arbitration more than once. He shall have no power to add to, subtract from, or modify any of the terms of this Agreement or any agreement supplementing hereto.

The arbitrator shall have no power to establish wage rates, job classifications, or fringe benefits of any kind. The decision of the arbitrator shall be rendered in writing, and he shall endeavor to render his decision within thirty days (30) calendar days after receipt of the party’s final briefs. The decision, when so made, shall be final and binding on all parties, and they agree that they will abide thereby.

Each party shall bear the expense of preparing and presenting its own case including the compensation and expenses related to its own witnesses or representatives. The cost and all expenses of the arbitrator shall be equally borne by both parties. In the event any question regarding payment arises, the arbitrator who decided the case shall determine the assessment of fees and expenses in accordance with this Section.

6.6 Expedited Arbitration

The Union and the Company may, by mutual agreement, move any grievance reaching the arbitration stage, to expedited arbitration before a mutually agreed arbitrator.

(a) Specific provisions of the Expedited Arbitration procedure may be modified, added to, or canceled by mutual agreement between authorized representatives of the parties during the term of this Agreement. This expedited procedure may be canceled by either party with six (6) months written notice.

(b) A mutually agreed upon arbitrator shall be selected by the parties in the same manner as referenced in Article 6.5 (paragraphs 1 and 2) of this Agreement and shall be the Expedited Arbitration Arbitrator.

(c) At the conclusion of each day, the Arbitrator shall endeavor to issue a brief written award for each case heard during that day but at his election, delay the award for not more than three (3) business days.

(d) The Arbitrator shall issue a written award without a written opinion, except as the Arbitrator deems a summary opinion to be necessary. Awards issued by this

Expedited Arbitration shall not establish a precedent and will not be used or referred to by either party.

(e) By submitting a case to Expedited Arbitration, each party agrees to waive their right to regular arbitration.

(f) Each party shall be represented by one person that it may choose and designate. In addition to testimony of the grievant and of an involved member of supervision, if so desired, each party shall be limited to one other person to testify or offer clarifying information provided that the Arbitrator may, upon request and cause shown, allow an additional witness or witnesses.

(g) Except as in Paragraph (e) of this section, for the grievant and one supervisor, each party shall inform the other party, in writing (stating name and case number), of its intention of having any other witness present, not less than ten (10) working days prior to the date the case is to be heard.

(h) Each party shall seek to present any rebuttal evidence in no more than sixty

(60) minutes, but the Arbitrator may, upon request and cause shown, allow such additional time as it deems reasonably necessary. Post hearing briefs will not be allowed.

(i) Once either party has presented evidence in support of its case, there will be no adjournments or postponement of the hearing. The time and date of the hearing must be agreeable to both parties.

(j) The Arbitrator is prohibited from calling any witness, except those witnesses so designated in Paragraph (f) of this section, to testify in this proceeding.

(k) There shall be no transcripts or electronic record made of the proceedings.

(l) Following a Union request for Expedited Arbitration (pursuant to Union

Screening Board decision), the parties shall within fifteen (15) calendar days determine whether the grievance shall be submitted to Expedited Arbitration or regular Arbitration.

(m) Evidence may be received by stipulation. Affidavits may be received and considered in evidence with appropriate weight to any objections made.

(n) The cost of Expedited Arbitration hearings shall be borne equally by the parties hereto.

6.7 Disciplinary Action

It is understood the Company has the right to discipline or discharge an employee under the terms of the Company’s policy (currently on file with the Union) concerning employee conduct, counseling, and disciplinary action to include incompetence or any other just and sufficient cause.

When imposing any disciplinary action on a current charge, the Company will not take into account infractions of Company rules or work performance occurring more than twelve (12) months previously, provided there have been no other occurrences during the last twelve (12) months. However, at fault vehicle accidents will be subject to penalties imposed under the provisions of the Company’s Vehicle Accident Prevention Program

Policy for a period of twenty-four (24) months.

6.8 Probationary Employees

During the probationary period, an employee may be discharged or disciplined at the

Company’s option without recourse to the grievance procedure. After completion of the probationary period appeals of discipline or discharge will be subject to this Article.

ARTICLE 7: NON-DISCRIMINATION

The parties agree to comply with all applicable federal, state, and local laws, including but not limited to the Civil Rights Act of 1964, as amended, and also including 41 CFR

60-1.4(a) and the employee notice clause in 29 CFR Part 471, Appendix A to Subpart A, as applicable. Each party further agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, genetic information, national origin, age, or disability. This employer and union shall abide by the requirements of 41 CFR 60–1.4(a), 60–300.5(a) and 60–

741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, age, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered contractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, age, sex, sexual orientation, gender identity, national origin, disability, or veteran status, or because of Union activity, Union membership, or non-membership.

ARTICLE 8: CONTINUITY OF OPERATIONS

8.1 During the term of this Agreement, there shall be no strikes, lockouts, work stoppages, picket lines, slowdowns, or secondary boycotts. The employees shall not resort to subterfuge or mass demonstrations or remain away from duty for any reason to evade their obligations under this Agreement. The Union guarantees to support the

Company fully in maintaining operations in every way. Participation by any employee or employees in an act violating this provision in any way may be cause for discharge.

8.2 In the event of any work stoppage by another labor group involving the client’s property or operations, employees will continue to perform fire services and to protect the interests and premises of the client. In the event mass picketing should make it impossible for personnel to pass through the picket lines, employees who are on duty shall remain on duty until they are properly relieved.

ARTICLE 9: GENERAL & MISCELLANEOUS PROVISIONS

9.1 Union Bulletin Boards

The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following:

(a) Notices of Union recreational and social affairs;

(b) Notices of Union elections;

(c) Results of Union elections or appointments; and

(d) Notices of Union meetings

9.2 It is further agreed that there will be no other general distribution or posting by employees or the Union of any of the literature within the work areas without previous approval by the Project Manager/Fire Chief or his designee.

9.3 The Company will continue to make reasonable provisions for the safety and health of employees. The Union shall have the right to confer with the Company on matters pertaining to safety and health of the employee. A safety committee composed of at least two (2) employees appointed by the Union and two (2) appointed by the Company will be formed to consider matters relative to these items and make recommendations to the

Fire Chief. In the event the committee is unable to reach a consensus, the Fire Chief shall be the deciding vote. The Employer shall abide by NFPA, OSHA, and Air Force instructions as they are adopted and/or implemented by the Air Force implementation guides.

9.4 As used in this Agreement, the term “combat” personnel refer to those employees regularly assigned to a shift (i.e., Firefighter, Firefighter/Driver, Firefighter/Paramedic, and Firefighter/Lieutenant); the term “non-combat” personnel refer to all other employees covered under this Agreement.

9.5 The term “emergency” shall mean an unforeseen circumstance or combination of circumstances, or the resulting state that calls for immediate action.

9.6 Unless otherwise specified, “day” or “days” means calendar day(s).

9.7 No provision of this Agreement is intended in any way to restrict the Parties’ right to seek and obtain enforcement of any provision of this Agreement in any court of competent jurisdiction.

9.8 Employees covered under this Agreement must be and remain physically able to perform the duties of their classification.

9.9 From time to time, employees may be required by the Company to undergo physical and/or psychological examinations. If an employee is found incapable of performing his assigned work functions, the Company will furnish the employee with a copy of the examination report. In the event the findings of said examination results in involuntary separation from the payroll, the employee may contact a doctor of his choice. In the event the Company’s doctor and the employee’s doctor disagree as to the employee’s medical condition, the two doctors shall select a third doctor who shall review the case and his findings shall be final and binding on both parties to this Agreement. The cost of the third doctor shall be shared equally by the Company and the Union.

9.10 Employees will not leave their respective duty areas unless prior approval is obtained from their supervisor.

9.11 Represented employees may assist in practical proficiency training. Practical proficiency training includes, but not limited to, ladders, power equipment, hose operations, ropes, Haz–Mat equipment, and Tech Rescue equipment. This practical proficiency training does not include classroom, new equipment, or completing appropriate documentation. Any and all computer-based training will be conducted IAW section 9.3 of this Article and will be taught by the Training Department/management.

An employee cannot issue an initial certification that is required for employment.

9.12 Selection of personnel for specialized training required by the Company shall be based on seniority. However, personnel who have not previously attended such training shall have preference by seniority. Training opportunities, whenever possible, will be posted for fourteen (14) calendar days.

9.13 From time to time, employees may be required to travel within the Continental

United States as well as outside the Continental United States in a Temporary Duty Status

(“TDY”). Employees will be assigned to travel status based on qualifications required for the work to be performed. Any employee that has vacation (prescheduled at least thirty

(30) days) will not be charged for not accepting these assignments. TDY as it pertains to this Article is defined as any assignment outside the state of Florida and/or requires an overnight stay. Travel reimbursement will be in accordance with the Company’s Business

Travel Policies unless otherwise specified within this Agreement.

9.14 Employees covered by this Agreement who are placed on limited duty, due to specific work restrictions by their personal physician, and with the concurrence of the

CCAFS FEMS III physician, will be required to perform any alternate duty assignment that is within the confines of their limitations. Specific restrictions must be listed on the form from their doctor. Limited duty will not exceed more than 2 in the Dept. and no more than 1 per shift for a period not to exceed sixty (60) days for any one illness or injury. Combat employees placed on limited duty due to an occupational illness or injury will work a 24/48 long day tour. Combat employees placed on limited duty due to a non-occupational illness or injury may be assigned to a forty (40) hour workweek. However, his/her hourly pay rate will be adjusted so that they will be compensated at their current weekly salary. Assignments may be outside of normal bargaining unit work.

Both parties agree that the limited duty clock for occupational illness/injury will begin on the first day of limited duty following the initial appointment to the Company’s Workers

Compensation doctor. If surgery is recommended than the time will begin on the first day of limited duty, follow the surgery. If the employee requests a second opinion the time will begin on the first day of limited duty following the scheduled surgery date. The

Union will assist the Company in monitoring the limited duty program against abuse.

9.15 The Company agrees to maintain at least one run crew (Lt., Dr., FF, FF) in each station, one medical crew comprised of two (2) Florida State paramedics. Squad Crew at station one (1) comprised of (Lt., Dr., FF,) ARFF Crew in station one (1) comprised of

(Lt., Dr., FF.)

For standbys, the company will use a standby crew consisting of a LT, DR, and FF. The company will maintain a full run crew at station 1, that will not be used for standby’s and, or relief to standbys. Exceptions to this are as follows:

(1) When there are multiple and simultaneous standbys, when relief can be made doing an “in service relief”;

(2) Launch support relief; and

(3) Standby’s that are considered to be of long duration, i.e. (each crew is out on standby two times).

If any employee is worked out of classification for more than four (4) hours in a given tour of duty, the employee in the effective classification with the lowest number of hours on the overtime list will be compensated four (4) at their overtime rate. The company will make every attempt to get the proper classification into work and will continue efforts until which time there is no other need for the individual to be worked out of classification.

9.16 Employees must have a current telephone and address on file with the Employer as a condition of employment.

ARTICLE 10: SENIORITY

10.1 The Establishment of Seniority

Combat and non-combat new hire employees shall be considered on probation and not entitled to seniority until they have completed a period of probation equal to ninety (90) days for non-combat employees and six (6) months for combat employees. If a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward completion of his probationary period. It is understood that during said probationary period, probationary employees, although covered by this

Collective Bargaining Agreement, may be laid off or terminated and that such action shall not be subject to the grievance and/or arbitration procedure.

10.2 Accumulation of Seniority

Seniority under this Agreement shall be computed from the employee’s most recent date of hire in the bargaining unit.

When two or more employees have the same seniority date as herein provided, the employee having the highest Social Security Number (last four (4) numbers of one’s

Social Security Number) shall be considered as having the least seniority for tie-breaking purposes.

10.3 Loss of Seniority

An employee shall lose all seniority rights for any of the following reasons:

(a) Voluntary resignation;

(b) Discharge for cause;

(c) Transfer out of the bargaining unit. Promotion out of the bargaining unit for a period of one (1) year;

(d) Retirement;

(e) Layoff without recall to work within twelve (12) months if less than one (1) year seniority or three (3) years if more than one (1) year seniority; and

(f) Failure to report to work after a layoff within fifteen (15) calendar days after the

Company gives the employee written notice by certified mail to return to work and failure to notify the Company of his intention to return to work within the fifteen (15) calendar days of such notice. The notice shall have been deemed to have been sufficiently given if sent to the employee’s last known address as furnished to the

Personnel Records Office of the Company.

10.4 Bargaining Unit Status Report

A seniority list will be provided to the Union when altered or requested. The report will include the following information:

(a) Employee name;

(b) Job title; and

(c) Seniority date

10.5 Transfer into or Out of Unit

Any employee who is promoted from the bargaining unit to a management (supervisory) position supervising bargaining unit employees shall retain seniority as established and as set forth in this Article for a period of one (1) year. Additionally, he shall not accrue seniority while in a management (supervisory) capacity.

However, a supervisor supervising bargaining unit employees may be returned or hired into the bargaining unit provided there is a job vacancy for which his qualifications and seniority entitle him. This transfer may be at the request of the employee or the

Company. If requested by the employee, the Company may delay the transfer back into the bargaining unit until the non-bargaining unit position has been filled.

10.6 Temporary Re-assignment of Bargaining Unit Members

The Company may ask for volunteers from qualified Union members to temporarily fill vacancies into Management positions. The volunteers will be offered these positions by seniority. The employees will be compensated at the rate of pay (as per Article 11.5) for the position that they will hold. The employee will also be compensated for all other benefits they would normally receive as a Union member (retirement, overtime language, holiday pay, vacation, and sick leave accruals). At no time will the employee be able to issue discipline. Seniority rights will apply.

10.7 Shift Bidding Procedure

The employer may assign new employees based upon operational considerations.

Thereafter, seniority provisions will apply.

Seniority shall govern the choice of shift assignments and days off for non-combat employees, and for combat employees a choice of shift and station, such choice to be made once each twelve (12) months. The Section Chair and Vice Section Chair have first preference. Requests will be submitted by December 1 each year.

When the Company determines the need to relocate manpower in any station, for any reason, management will exercise its right to relocate employees from one station to another. When possible, notification for relocation will be given prior to 1100 hours. If this timeframe is not met the employee will be compensated four (4) hours at one and one half (1½) times his base rate of pay. Exceptions to this payment include emergency situations and/or unforeseen circumstances imposed upon the Company by the employee(s). The Union will develop a standardized relocation rotational list that will be established annually by seniority. Partial relocation (over four (4) hours but not overnight); will be directed by utilizing the partial relocation rotational list for the affected classification. This list will be established annually within each job classification, shift, and division by reverse seniority. This list will be used for each relocation with a duration of more than four (4) hours but not overnight. The Section

Chair and Vice Section Chair will not be included in any float list.

Full relocation (overnight); will be directed by utilizing the full relocation rotational list for the affected classification. This list will be established annually within each job classification, shift, and division by reverse seniority. This list will be utilized for each relocation that requires an overnight stay (other than extended periods). An employee on prescheduled vacation for their next tour of duty will be given the opportunity to relocate but will not be required to do so.

If deemed necessary, extended periods of relocation; (over three (3) tours of duty) will be filled voluntary by seniority. If there are no volunteers, the employee within the required classification and shift with the least amount of seniority will be directed to relocate.

10.8 Job Vacancies

When the Company determines that a job vacancy exists in a given job classification, the

Company will post such job vacancy for a period of fourteen (14) calendar days during which time employees in other job classifications may apply for such vacancy provided the employee is qualified for the position. Any employee on an approved leave will be offered the opportunity to apply for a given job vacancy.

10.8.1 Job vacancies in the job classifications of Firefighter, Firefighter/Driver, Firefighter/Paramedic, Firefighter/Lieutenant, and Fire Inspector shall be filled in the following order:

(a) When filling a job vacancy, in a given job classification, employees in other job classifications will be considered for the reclassification/promotion contingent on their qualifications after employees with recall rights to the job classification have been exhausted.

(b) The employee being considered for reclassification/promotion will be selected from those in other job classifications to those who are in possession of the required certification(s) for the position.

Non-combat employees will be given thirty (30) days to meet the medical qualifications for a combat position. Additionally, the employee will follow the guidelines set forth in

Attachment Two to meet the physical qualifications. If qualifications are equal, seniority shall prevail.

(c) If there are no qualified candidates in the job classifications covered under this

Agreement or on active layoff, the Company will fill the job vacancy from any available source.

(d) If qualifications are equal, seniority shall prevail.

10.8.2 Employees interested in becoming qualified in any specific job classification will register for the appropriate Department of Defense Career Development Course through the Company’s Training Officer. Upon completion of the requisite course study the employee will schedule testing at an approved DOD proctor site via the Company’s

Training Officer. Upon successful completion of the written test, the Company’s

Training Officer will work with the employee to schedule any required practical assessments and upon successful completion of the practical requirements prepare and submit all required documentation to the DOD to complete the certification process.

Throughout the entire process the Company will provide all training reference material required in support of the certification process. Employees wishing to become certified as a Florida State Paramedic will follow the state prescribed requirements through sources and methods not associated with the Company on their own time and at their own expense.

Additionally, there are certain job classifications that require medical qualifications. An employee must have successfully passed the written and practical examinations to include current medical qualifications, if required, for any job classification covered under this Agreement to be eligible for reclassification/promotion when a job vacancy occurs. Once an employee has successfully passed the written and practical examinations for any specific job classification covered under this Agreement, they shall be required to re-qualify as applicable in accordance with the certification issuing entity. However, the

Company will provide refresher training, in a timely manner, whenever necessary or requested.

10.9 Declaring a Surplus

If a surplus condition exists in any job classification covered by this Agreement, the order of…