2.2.1_Attachment 24 - FCGOA Lieutenant CBA 2018.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

AHTNA SUPPORT & TRAINING SERVICES, LLC

AT

PORT ISABEL DETENTION CENTER

(LIEUTENANTS)

EFFECTIVE DATE: December 1, 2018 TERMINATION DATE: November 30, 2021

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AGREEMENT BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

and

AHTNA SUPPORT & TRAINING SERVICES, LLC

PREAMBLE

ARTICLE 1 PARTIES AND TERMS / RECOGNITION

ARTICLE 2 CLASSIFICATIONS

ARTICLE 3 FAIR EMPLOYMENT PRACTICES / ANTI-DISCRIMINATION

ARTICLE 4 UNION SECURITY AND DUES CHECK-OFF

ARTICLE 5 UNION REPRESENTATION

ARTICLE 6 MANAGEMENT RIGHTS

ARTICLE 7 NO STRIKES / LOCK OUT

ARTICLE 8 PROBATION PERIOD / SENIORITY

ARTICLE 9 TRANSFER, LAY-OFF, AND RECALL

ARTICLE 10 GRIEVANCE PROCEDURES

ARTICLE 11 ARBITRATION PROCEDURE

ARTICLE 12 DRUG & ALCOHOL POLICY

ARTICLE 13 GOVERNMENT REQUIREMENTS / LICENSING AND

CERTIFICATIONS

ARTICLE 14 EXAMINATIONS

ARTICLE 15 PROFESSIONAL APPEARANCE, UNIFORM ALLOWANCE &

EQUIPMENT

ARTICLE 16 DISCIPLINE

ARTICLE 17 HOURS OF WORK / WORK SCHEDULE / EMERGENCY

ARTICLE 18 SCHEDULE BIDDING PROCESS

ARTICLE 19 WAGES

ARTICLE 20 HEALTH AND WELFARE / RETIREMENT

ARTICLE 21 VACATIONS

ARTICLE 22 SICK LEAVE / PERSONAL

ARTICLE 23 HOLIDAYS

ARTICLE 24 TYPES OF LEAVE

ARTICLE 25 ATTENDANCE

ARTICLE 26 LABOR-MANAGEMENT SAFETY COMMITTEE

ARTICLE 27 PERSONNEL RECORDS

ARTICLE 28 SERVICE CONTRACT PROCEDURES AND OBLIGATIONS

ARTICLE 29 SEVERABILITY

ARTICLE 30 SUCCESSORS AND ASSIGNS

ARTICLE 31 WAIVER, ENTIRE AGREEMENT, AND AMENDMENTS

ARTICLE 32 DURATION OF AGREEMENT

Appendix A Lieutenants Appendix B Handgun Qualification Course

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PREAMBLE

THIS AGREEMENT is made and entered into on December 1, 2018 by and between the FEDERAL CONTRACT GUARDS OF AMERICA (the “Union”) and AHTNA SUPPORT & TRAINING SERVICES, LLC (the “Employer” or “Company”).

In the event the U.S. Government (hereinafter referred to as “the Client”, “ICE” or “Government”) terminates the current or any succeeding Service Contract Act Contract with the Employer for security services at the Port Isabel Detention Center under Contract with the Government, or any successor contract, this Agreement will become null and void between the Union and the Employer.

ARTICLE 1

PARTIES AND TERMS / RECOGNITION

SECTION 1.1

The Employer recognizes the Union as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment, or other conditions of employment for all bargaining unit employees employed at the Port Isabel Service Processing Center in Los Fresnos, Texas. The bargaining unit is defined as all part-time and full-time Transport and Detention Lieutenants employed by the Employer at the Port Isabel Detention Center (Los Fresnos, Texas, sometimes referred to as “the worksite” or “PIDC”), excluding all office clerical employees, professional employees, managers and supervisors as defined in the National Labor Relations Act.

A manager is an individual having authority in the interest of the Employer, to hire, transfer, suspend, layoff, recall, demote, promote, assign, reward, or discipline and/or discharge employees for just cause.

This Agreement shall be binding on all parties and their successors and assigns. In the event of a sale, acquisition, or transfer of the business/Employer’s Companies, or any part thereof, the purchaser or transferee shall be bound by this Agreement.

SECTION 1.2

The Employer hereby recognizes the Union as the sole bargaining agent for all Transport and Detention Lieutenants employees who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Employer; and shall negotiate with the accredited representatives thereof chosen by the Union for the purpose of settling any disputes which may arise concerning wages, rates of pay, working conditions, hours and any other conditions of employment and shall adjust grievances or complaints on any of these matters in the manner provided for in this Agreement.

SECTION 1.3

The Parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated upon; and that the

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Agreements contained herein were arrived at after the free exercise of such rights and opportunities. All rights, privileges and authority regarding subjects of bargaining not expressly addressed in this Agreement are reserved to the management of the Employer. The Employer agrees to notify the Union of policy or procedure changes, in writing and if requested by the Union, the Employer will meet with the Union to discuss any changes.

ARTICLE 2

CLASSIFICATIONS

Employees are classified as full-time or part-time Transportation or Detention Lieutenants.

A. Full-time employees are those employees who are classified as such on the Seniority List who are regularly scheduled to work 32 or more hours per week. The number of Full Time employee slots is determined by the Company based on various post coverage requirements incident to performance of the ICE contract.

B. Part-time employees are those employees who are classified as such on the Seniority List, who work less than a full-time schedule.

C. Employees covered by this Agreement shall not be required to deliver office supplies, furniture, or equipment that does not pertain to normally assigned duties, unless they volunteer to do so.

D. Employees covered by this Agreement shall not be required to perform janitorial services other than picking up after themselves. In the event of an emergency, such as a hurricane, tornado or other event not anticipated by the Employer or Union, employees may be required to perform janitorial services in order to restore the worksite to a functional state and to restore operations of the worksite.

E. Employees are classified as Lieutenants for purposes of classification within the job titles.

No Lieutenant is considered part of management.

F. If an employee leaves a Union covered position for a non-covered position with management, and subsequently returns to the bargaining unit position within 90 days, the employee will retain his/her original seniority.

ARTICLE 3

FAIR EMPLOYMENT PRACTICES / ANTI-DISCRIMINATION

SECTION 3.1

The Union and the Employer agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient operations. The Union and the Employer agree that they will use their best efforts to cause the bargaining unit employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Employer, and that neither their representatives nor their members will intimidate, coerce or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-

5 / 48 activity in the Union. Neither the Employer nor the Union will discriminate against any employee because of race, color, religion, sex, age, national origin, Veteran status, or disability (as defined by the Americans with Disabilities Act). The Employer and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Employer and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

SECTION 3.2

The parties agree that this document uses terms that are gender specific (i.e., “he” or “her”). The application and use of such terms are not intended to discriminate or exclude any individual covered by this Agreement, but rather are intended to reduce redundancies in writing this document.

SECTION 3.3

The Employer agrees to treat all employees in a fair and consistent manner. It is understood, however, that the Client controls and may designate positions within the workplace as “male only” and/or “female only” and that such designation is not considered discriminatory.

ARTICLE 4

UNION SECURITY AND DUES CHECK-OFF

SECTION 4.1

The Company agrees, upon receipt of an individual written request, on a form provided by the Union and signed by an employee covered by this Agreement, to deduct Union dues, fees and/or assessments from the wages of the employee. Such deductions shall be made monthly from the Company to the Union, or after the employee has sufficient net earnings to cover the Union membership dues or assessments. Funds deducted shall be remitted to the Secretary/Treasurer of the Union. When an employee separates from the bargaining unit, such deduction shall cease. The deductions will be taken from the employee’s earnings every two (2) weeks.

The Employer agrees to promptly notify the Union’s Secretary/Treasurer, via the billing department, of any separation of employment and/or extended leave such as military, FMLA, etc., as they occur.

SECTION 4.2

The Union agrees it will promptly furnish a written schedule of the Union dues, assessments, initiation and proportionate share payments. The Union also agrees to promptly notify the Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month preceding the date that deductions are to be made. The Company will not make any retroactive deductions and is not liable for any deductions if the Union has failed to give prompt prior notice and/or failed to have any authorization cards submitted prior to the fifteenth (15th) of the preceding month.

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SECTION 4.3

The Company agrees to furnish the Union, on a monthly basis, an alphabetized list of employee names, social security numbers, addresses, and amount of Union deductions for each employee represented by the Union.

SECTION 4.4

The Union agrees to indemnify and hold the Company harmless from any action or actions growing out of these deductions, and assumes full responsibility of the dispositions of the funds so deducted.

ARTICLE 5

UNION REPRESENTATION

SECTION 5.1

Upon authorization from the Employer and the Client, access to its premises during working hours will be given to the Union when necessary for the purpose of addressing Union business with management.

SECTION 5.2

On a quarterly basis at a minimum, or when a change occurs, the Employer shall provide the Union with an alphabetized list of all employees and other information not considered to be in violation of the Privacy Act. For purposes of establishing a seniority list, copies of the alphabetized list may be posted at all facilities covered by this Agreement in seniority order.

SECTION 5.3

The Company agrees to recognize Union Stewards. The Company agrees to allow the Union Steward to be present when an employee, who is the subject of the investigation that could result in discipline, requests a steward to be present during a disciplinary or investigatory interview, and immediately direct the affected employee to the available Union Representative.

The Union agrees that neither the Union nor any of its members will intimidate or coerce Lieutenants in their right to join a labor organization or refrain from such activity.

A. The Steward Representative is employed to perform full-time work on the post to which each is assigned. The Steward Representative may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement, provided the employee receives authorization from the Employer prior to conducting Union business while on duty.

B. The Union will appoint one (1) Chief Steward and up to two (2) Shop Stewards for the bargaining unit, and shall provide the list of such to the Employer, and written notification of subsequent changes.

C. Any Steward having an individual grievance in connection with his own work may ask for the Chief Steward to represent him in accordance with the provisions of Article 10, Grievance Procedures, of this Agreement, below.

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D. The Employer will notify the Chief Steward of any new hires.

SECTION 5.4

A short-term Union leave (without pay) may be granted to an employee to attend Constitutional Conventions, Regional and/or State Conferences, etc. provided that no more than two (2) employees shall be granted this type of leave at the same time. The Union shall provide the Employer, in writing, two weeks in advance, the request for such leave. Such leave shall be granted depending upon operational needs of the Employer. Leave requests may be denied, if coverage is not available without the Employer incurring overtime and/or the release will impair the Employer’s contractual obligations. Such leave shall not exceed a total of five (5) days per contract year.

SECTION 5.5

Whenever possible a bulletin board will be provided which may be used by the Union for posting notices that are approved by the President of the Union:

1. Notices of Union recreational and social affairs;

2. Notices of Union elections and nomination sheets for Union officer elections;

3. Notices of Union appointments and results of Union elections;

4. Notices of Union meetings;

5. Notices concerning bona fide Union activities such as: Cooperatives, Credit Unions, Unemployment Compensation Information, benefit information and membership programs;

6. Other notices concerning Union affairs that are not political or controversial in nature or adverse to the Employer and/or the Client;

7. General Union contact information.

SECTION 5.6

The Employer agrees to furnish statements, written material or allegations to the Union in accordance with proper written request procedures related to any investigation giving rise to a grievance involving rights and/or obligations of the collective bargaining unit. The Employer agrees to furnish statements, written material or allegations to the Union upon written request by the affected employee. The number of documents requested by the Union shall be specifically applicable to the grievance and as agreed to by the Union and the Employer. Documents can be provided electronically to the Union. All information provided shall be protected and held confidentially. Release of confidential information is subject to disciplinary action in accordance with the Employee Handbook and the progressive discipline policy as outlined Article 16.

ARTICLE 6

MANAGEMENT RIGHTS

SECTION 6.1

The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Employer. The Employer retains all of its normal, inherent common law rights to manage the business, whether or not exercised, except as

8 / 48 limited by, and consistent with, the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, layoff, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment, determine, establish or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment for its operations, including equipment for new operations; determine the number of hours per day or week that operations shall be carried on; establish shifts, set the hours of work and the number of employees for such shifts, and the Union must be notified prior to any changes thereof, to determine the fact of lack of work; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

SECTION 6.2

The above paragraphs are recognized as the rights and functions of the Employer by the Union, but the Employer agrees that the exercise of the management functions will be in accordance with the terms and conditions of this Agreement and Agreements entered into in the future with the Union. Memorandums of Understanding may be agreed upon between Employer and the Union.

The site management has no authority to modify the provisions of the CBA.

SECTION 6.3

The Union agrees that all employees must read the effective Employer’s Handbook and any Addendum thereto during training and acknowledge that they have read and understand its content, as provided by Employer policy. Any policy change will be forwarded to the Union for review.

The Union will have thirty (30) days to request conversation and/or bargaining over the impact of the change. If the Union does not make the request the policy change will stand as written.

SECTION 6.4

In cases where the provisions of the Employer’s Handbook conflict with the provisions of this collective bargaining agreement, the terms of the collective bargaining agreement shall prevail. In cases where the collective bargaining agreement is silent, the Employer’s Handbook will prevail.

In cases where the provisions of the collective bargaining agreement conflict with provisions of the Service Contract Act or provisions of the Client’s contract, the terms of the Service Contract Act and the Client’s contract shall prevail. In such event, the Employer shall meet with the Union to discuss such impact.

ARTICLE 7

NO STRIKES / LOCK OUT

SECTION 7.1

For the length of this Agreement, the Union will not cause, nor permit its members to cause, nor will any member of the Union take part in, any strike, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or

9 / 48 interference with the Employer’s or Government’s operations. Nor will the Union authorize or sanction the same. Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the operation of the Employer and/or the Government as set forth above, the Union shall take the necessary steps to avert or bring such activity to a prompt termination.

SECTION 7.2

During the life of this Agreement, the Employer shall not lockout any employees covered hereunder.

ARTICLE 8

PROBATION PERIOD / SENIORITY

SECTION 8.1 TRIAL PERIOD & PROBATION PERIOD

A. Each newly hired employee not previously employed by the Employer shall be considered a probationary employee of the Company or predecessor company during their first ninety

(90) calendar days of employment, during which they may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement. After the probationary period, the new employee shall accrue seniority and all other benefits of this Agreement from the date of his hire.

B. Any promoted employee to the rank of Lieutenant shall be on probation for the first ninety

(90) calendar days, however the promoted employee shall accrue seniority from the first date of promotion and shall further maintain continuity of benefits.

C. Provided an employee completes the ninety (90) day probationary period, the anniversary date shall coincide with the employee’s hire date. For purposes of unit-wide selection of shifts, days of rest or vacation, seniority shall begin when entering the unit.

SECTION 8.2 SENIORITY

A. For benefit purposes seniority for all employees shall mean the total length of time the employee has been employed by the Company and predecessor companies at the Port Isabel Detention Center, Los Fresnos, Texas, unless otherwise provided for in this Agreement.

B. Unit seniority shall be the total length of time employed as Lieutenant.

C. The Employer shall maintain two unit seniority lists: (1) Full-time employee; (2) Part-time employee. Said lists shall contain original date of hire, last date of hire and/or conversion to Lieutenant and sub classification.

D. For employees sharing the same date of hire or promotion, seniority shall be determined by the highest number of the last four (4) digits of their social security number.

E. An employee’s seniority and employment shall be terminated upon the occurrence of any of the following events:

1. Employee is discharged for just cause;

2. Employee voluntarily separates;

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3. Employee has failed to express their intent to return to work, and/or does not return to work in accordance with the requirements in this Article;

4. Employee fails to report to work for three (3) consecutively scheduled days without notifying the Company, except in case of circumstances beyond their control with valid documentation;

5. If an employee transfers to a non-Union position, he/she will retain their seniority for 90 days.

6. An employee accepts employment elsewhere while on leave of absence.

7. Any employee on layoff for more than eighteen (18) months.

ARTICLE 9

TRANSFER, LAY-OFF, AND RECALL

SECTION 9.1

In the event the Employer deems a lay off is necessary the Employer shall notify the Union (10) days in advance whenever possible. Lay-off shall be conducted in the following manner:

1. All probationary employees

2. Part-time employees in inverse order of part-time unit seniority

3. Full-time employees in inverse order of full-time unit seniority

4. On a limited basis such as an Emergency due to a hurricane the Employer will follow seniority to the best of its ability.

SECTION 9.2

Employees will maintain seniority rights for recall for a period not to exceed 18 months.

SECTION 9.3

When the Employer decides to increase its workforce, prior to employing newly hired or promoting employees they must first offer positions to the effected employees on lay-off in reverse order in which they were laid off.

SECTION 9.4

It is the responsibility of the laid off employee to keep the Company advised by certified mail of any changes in their mailing address. The employee shall reply to the Company their intent to return to work within seventy-two (72) hours after receipt of certified notice from the Company of recall. The employee will then have a maximum of three (3) calendar days to report for duty.

SECTION 9.5

Notwithstanding the provisions of this Article, if the Company mails the notice of recall to the most recent recall address contained in the Company’s records for the employee, and there has been no response from the employee within seven (7) calendar days from the date of mailing (the day of mailing is not counted), regardless of whether the employee has actual notice of the recall, the employee will lose recall rights for that position and be returned to the recall list.

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ARTICLE 10

GRIEVANCE PROCEDURES

SECTION 10.1

A. A grievance shall be defined as any dispute concerning the application or interpretation of this Agreement, or any dispute concerning wages, hours, or working conditions of employees covered by this Agreement, between any employee(s), the Company or the Union; however, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration hereunder. It is expressly understood and agreed, however, that this Agreement incorporates all applicable federal, state and local anti-discrimination statutes, and that any claims of discrimination by the Company, including those based on federal, state or local statutes, shall be subject to this Article as the exclusive means of redress.

B. The parties shall attempt to resolve all disputes arising in connection with this Agreement on an informal basis. If the parties are unable to resolve such dispute in the manner provided herein, the party making the claim shall, within the applicable time limit set out below, serve a written grievance on the other party. When the Company requests a meeting with the Union Steward during working hours, the Steward will not be docked [a reduction in wages] for time lost in attending such meeting. However, pay for such meeting shall not extend to hours in excess of eight (8) in one workday. None of the time spent in any grievance proceeding or meeting shall be considered as hours worked for overtime purposes.

SECTION 10.2 STEP 1

Any employee having a grievance under this Agreement shall reduce his grievance to writing and present said grievance to his captain (depending on the nature of the grievance) within seven (7) calendar days after the occurrence giving rise to the grievance or when the aggrieved employee was first made aware. The aggrieved employee may elect to have a Union representative present.

SECTION 10.3 STEP 2

If the matter is not resolved in Step 1, the grievance shall be submitted in writing to the Project Manager or his designee within seven (7) calendar days from the receipt of the response to Step 1 grievance. The written grievance, in addition to the above, shall contain the following:

1. The Complaint

2. The specific provision(s) of this Agreement allegedly violated by the conduct

3. The date on which the said conduct occurred

4. The date of filing of this grievance

5. The position or demand of the Union

6. The Company may assign a grievance number

The Project Manager or his designee shall submit his answer in writing within seven (7) business days from receipt of the Step 2 grievance to the aggrieved employee and the steward.

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SECTION 10.4 STEP 3

If the matter is not resolved in Step 2, the Union may elevate the grievance in writing to the Corporate HR or designee within seven (7) calendar days from receipt of the Company designee’s answer. The employee may not add additional complaints to Step 3 or Step 4 grievances. Only those complaints articulated in the Step 2 grievance may be addressed in higher grievances. Within ten (10) calendar days from the receipt of the Union’s elevation of the grievance, the Project Manager shall submit a written reply to the Union.

SECTION 10.5 STEP 4

At the conclusion of Step 3, if the grievance is not settled, the Union President will contact the Company President in a good faith attempt to resolve the grievance. The parties will have seven

(7) calendar days from the end of Step 3 to reach a settlement. If no resolution is reached, the Union may move the grievance forward to arbitration, and will provide written notice to the Company of its intent within seven (7) calendar days, from the conclusion of the good faith attempt to resolve the grievance, of such intent.

SECTION 10.6

The number of days outlined in this Article, for the processing and presentation of grievances, shall establish the maximum time allowed for the presentation and processing of a grievance.

When used in this Article, the term “days” shall mean calendar days, not including named holidays as listed in this Agreement. Failure of the Company to act within the time limit set forth in any step shall move the grievance to the following step. Time specifications may be extended, in writing, by mutual agreement between the Company and the Union.

SECTION 10.7

All suspension and terminations will automatically start at Step 3 of the grievance procedure.

ARTICLE 11

ARBITRATION PROCEDURE

If the matter is not resolved in Step 4 of the Grievance Procedure:

A. The Union will present a written demand to arbitrate to the Company within seven (7) calendar days of the rejection of the grievance in Step 4.

B. Within seven (7) calendar days after notice to the Company, the Union may request the Federal Mediation & Conciliation Service to furnish a list of seven (7) available arbitrators.

C. Within ten (10) calendar days after the receipt of the list of arbitrators, representatives of the Union and the Company will alternately strike a name and the last remaining name on the list shall be the arbitrator to hear the case. The first party to strike shall be determined by the toss of a coin; for any subsequent arbitrations, the parties will alternate as to who will strike first.

D. The arbitrator shall not have the authority to alter, amend or change the terms and provisions of this Agreement.

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E. The fees and expenses of the arbitrator shall be borne equally by the Company and the Union.

F. Time limits set forth for this arbitration provision may be extended only by mutual agreement in writing of the Union and the Company. Holidays shall be excluded in the time limits.

G. The arbitrator shall render a decision within 60 days 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 shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received). Any award of reinstatement shall be subject to the Government permitting the employee to return to work.

H. Only the Union (i.e., no individual grievant) may move a grievance to arbitration.

ARTICLE 12

DRUG & ALCOHOL POLICY

SECTION 12.1

The Employer is committed to maintaining a safe, healthy and productive work environment.

Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the individual and to all those who interact with him/her. The use, sale, purchase, transfer or possession of an illegal drug under federal or state law in the workplace, and the use, possession, or being under the influence of alcohol pose unacceptable risks for safe and efficient operations.

Any employee found to be under the influence of alcohol or illegal drugs, or participating in the sale, purchase, transfer or possession of alcohol or illegal drugs during work hours or on Employer’s property will be subject to corrective action, up to and including separation.

Employees will be required as a condition of employment to participate in pre-employment, periodic, random, post-accident, reasonable suspicion and return to work drug and alcohol testing.

SECTION 12.2 ALCOHOL

The possession, use, or sale of alcohol on Employer/Client premises or while on Employer business is prohibited. Employer/Client property includes all facilities, offices, buildings, equipment, automobiles, trucks, vehicles, and parking areas, whether owned, leased, used, or under the control of the Employer. No employee shall be under the influence of alcohol which impairs judgment, performance, or behavior while on Employer/Client premises or while on Employer/Client business. “Under the influence” means being unable to perform work in a safe and productive manner, or being in a physical or mental condition that creates a risk to the safety and well-being of the individual, other employees, the public, or Employer property. For purposes of this policy, an employee who produces a confirmed positive alcohol test result will be deemed to be under the influence of alcohol.

1. An unarmed employee with a BAC of 0.04 or higher will result in a positive test.

2. An armed employee with a BAC of 0.02 or higher will result in a positive test.

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The Employer reserves the right to require any employee suspected of being under the influence of alcohol to undergo testing. Any employee who tests positive for alcohol shall be immediately terminated and will not be rehired by the Employer. Consuming alcoholic beverages while driving any vehicle for Employer/Client business is prohibited. The consumption of alcohol on Employer/Client time or on Employer/Client property is also prohibited. Consumption of alcohol within 8 hours of a scheduled shift involving the operation of an Employer vehicle is prohibited.

SECTION 12.3

Employees who report to work under the influence of alcohol will not be allowed to go to their respective work stations or drive themselves home. Either a family member or driving service will be contacted and arrangements will be made to have the employee driven home (at the employee’s expense).

SECTION 12.4 DRUGS

Employees are prohibited from:

A. Being under the influence of drugs as defined in this policy (a confirmed positive drug test and/or demonstrating the symptoms of being under the influence of drugs);

B. Failing to notify a supervisor or manager of the use of a prescription drug or over-the-counter medication that could alter the ability of an employee to safely perform any job function.

C. Bringing illegal drugs, controlled substances or drug paraphernalia to work and/or storing illegal drugs, controlled substances or drug paraphernalia on Employer property;

D. Possessing, using, manufacturing, distributing or attempting to distribute, selling or dispensing drugs or drug paraphernalia while at work in any capacity; or, while not at work if by doing so it may adversely affect the Employer, the worker’s job performance, or place at risk the safety and health of the worker or others.

E. Being convicted of or entering a guilty plea to a criminal drug offense. Employees are required to notify the Employer in writing within one (1) business day of a criminal drug arrest, conviction or pleading guilty to a criminal drug offense;

F. Abusing prescription drugs which includes exceeding the recommended prescribed dosage or using others’ prescribed medications;

G. Switching, tampering with or adulterating any specimen or sample collected under the Employer’s program for the purpose of testing for drugs, or attempting to do so;

H. Disclosing information related to drug test and/or treatment referrals, and test results, except as required by this policy;

I. Refusing to cooperate with the terms and conditions of this program. Failure to cooperate includes, but is not limited to:

1. Refusal to be tested,

2. Failure to provide an adequate sample without a valid medical excuse,

3. Refusal to sign required paperwork (including, but not limited to, consent forms, acknowledgement forms, and chain of custody forms),

4. Failure to show up at an assigned collection site to provide a specimen, and

5. Failure to be reasonably available to be tested following an accident.

Refusing to cooperate with the terms and conditions of this policy is grounds for immediate termination.

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SECTION 12.5 DRUG AND ALCOHOL TESTING

The Employer reserves the right to conduct a post offer pre-employment drug test as part of the employee candidate procedures. The Employer reserves the right to conduct periodic drug and alcohol tests in order to achieve a safe and productive work environment. The Employer reserves the right to conduct drug and alcohol testing as a result of an on-the-job accident or injury and to comply with the parameters of any applicable state and federal laws. The Employer will use scientifically valid methods and procedures, and may test urine, blood, saliva, hair, and/or breath.

To ensure the accuracy and fairness of our testing program, all testing will be conducted according to DHHS/SAMHSA guidelines where applicable. Opportunity will be provided for those employees who test positive to provide a legitimate explanation, such as a U.S. licensed medical provider’s prescription, for the positive result, and a documented chain of custody. However, if the employee is operating a motor vehicle or equipment under the influence, they can still face consequences for violating the Employer policy for failing to inform their supervisor in advance as mentioned previously in this policy.

The Employer will use scientifically valid methods and procedures, including the services of a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), certified collection facilities, and a licensed Medical Review Officer (MRO).

Split-Specimens All urine collections will be split into two separate samples. If and when a second test of a sample must be conducted, it will be from the second half of the split sample.

Laboratory Analysis for Confirmation Tests If an initial screen is positive, the specimen will be sent to the laboratory for further analysis. The analysis begins with EMIT (enzyme multiplying immunoassay testing), and then gas chromatography/mass spectrometry for a confirmation, if necessary. If the confirmation test is positive, the MRO will attempt to verify the result by speaking with the donor.

The Employer will test urine specimens for the presence of alcohol and controlled substances.

Under normal circumstances drug tests will be conducted and samples will be collected and tested for the following controlled substances at the corresponding detection limits listed below. The Employer reserves the right to lower the detection limits and/or add any constituents that are considered Controlled Substances to the list for analysis if it becomes necessary:

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Confirmatory Re-tests Individuals may request a confirmatory retest for a positive result. The confirmatory re-test will be of the same sample, not a new or different sample. Such testing must take place at a certified laboratory approved by the Employer in advance, and at the employee’s expense.

SECTION 12.6 TYPES OF TESTING

A. Pre-Employment/Post Offer Drug Testing Any candidate going through the application procedure will be required, once offered a position, to successfully pass a drug test as a condition of being hired. Candidates will be required to sign a consent form. A positive drug test, failure or refusal to participate in a drug test, failure to sign the consent form, or any effort to tamper with a sample or to alter a test result will disqualify a candidate from employment, and will not be eligible for employment with the Employer or its subsidiaries for one year.

This provision will apply to all former employees who are eligible to reapply for employment with the Employer.

B. Reasonable Suspicion Drug and Alcohol Testing Employees will be required to submit to a drug and alcohol test when a supervisor has reasonable suspicion that an employee is using or has used drugs or alcohol in violation of the Employer’s drug-free workplace program. Reasonable suspicion will be documented and will not be based on rumor, speculation or unsubstantiated information. Such suspicion will be

10 Panel Lab Based Screening and Confirmation Levels

Initial Test Analyze Initial Confirmation

Confirmation Test Analyze

Confirmation Concentration

Marijuana Metabolites

50 ng/mL THCA 15 ng/mL

Propoxyphene 300 ng/mL Propoxyphene 150 ng/mL

Methaqualone 300 ng/mL Methaqualone 150 ng/mL

Cocaine Metabolites 150 ng/mL Benzoyledgonine 100 ng/mL

Opiate Metabolites Codeine/Morphine

2000 ng/mL Codeine Morphine

2000 ng/mL 2000 ng/mL

Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL

Amphetamines

AMP/MAMP

MDMA

500 ng/mL Amphetamines

AMP/MAMP

MDMA

250 ng/mL

Barbiturates 200 ng/mL Barbiturates 200 ng/mL

Benzodiazepines 200 ng/mL Benzodiazepines 50 ng/mL

Methadone 300 ng/mL Methadone 300 ng/mL

17 / 48 based upon specific facts and inferences either observed by or made known to Employer supervisory personnel. Referrals for reasonable suspicion testing shall be made according to the procedures set forth by the Employer.

Behavior that could prompt reasonable suspicion of drug or alcohol use in violation of the Employer’s program include but is not limited to the following: observation of the use, possession or distribution of drugs; physical symptoms of drug or alcohol use; patterns of abnormal and erratic conduct such as increased absenteeism or tardiness, lack of proper work performance, and violations of Employer safety and work rules; reckless or risky behavior;

evidence of an effort to alter a drug or alcohol test; and involvement in a work-related accident.

C. Post-Accident Drug and Alcohol Testing All employees who have been involved in an accident/incident while on Employer business or on Employer property shall be subject to drug and alcohol testing. A post-accident/incident drug and alcohol test must take place immediately or as soon as reasonably possible following the time of the accident/incident. Any employee who fails to report a work-related accident/incident is in violation of this policy and is subject to disciplinary action, up to and including employment separation. Under certain state laws, employees testing positive may be ineligible for workers’ compensation benefits.

A covered accident/incident is one that takes place during work time or while on Employer business or on Employer property and involves any one of the following:

1. A fatality

2. An injury that requires medical attention away from the scene of the accident or results in lost work time

3. Damage to Employer/Government property

4. Damage to Employer/Government vehicles owned or leased by the

Employer/Government or being used for Employer purposes

5. Any use of force incident

D. Random Drug Testing All employees will be subject to random, unannounced drug and alcohol testing. All employees subject to random testing will have an equal probability of being neutrally selected for such testing. The Employer does not have the right to waive the selection of any employee who has been randomly chosen.

Random testing will be conducted at a frequency rate of 20 percent annually, meaning that the Employer will conduct random testing of 20 percent of the total number of positions each year.

The names of individuals who are randomly selected for testing will be returned to the eligibility list for future selection during the same year.

E. Mandatory Drug and Alcohol Testing The Employer will conduct drug and alcohol testing when required to do so by state or federal regulations, such as the U.S. Department of Transportation’s (DOT) drug and alcohol testing requirements.

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SECTION 12.7 PRESCRIBED MEDICATION

Medication prescribed by a U.S. licensed medical provider that may cause impairment may be allowed but must be reported to Human Resources and documentation must be provided. However, it may be determined that the use of said medication may result in a safety hazard for the employee or others. In this case, the employee may be temporarily reassigned to other duties and/or it may be determined that the employee is temporarily unable to return to his or her normally assigned duties. The Employer may require the employee to submit a doctor’s release in order to perform the employee’s regularly assigned duties when there is question as to the effects of the prescribed medication.

SECTION 12.8 GOVERNMENT REQUESTED SCREENING

The Government may, from time to time and at any time, request random urine drug screenings, and these requests will be granted. In addition, the Government may request alcohol or drug screenings whenever the Government has a reasonable cause to believe that an employee or employees may be using or under the influence of alcohol or illegal substances. In the event that the Government has requested that a Detention Lieutenant be tested, the Employer will not provide any notice to the employee. In the event that the result of any Government-requested screening is positive, the Employer will immediately remove the employee with the positive reading from the facility and terminate the employee’s employment.

SECTION 12.9 CONSEQUENCES FOR VIOLATIONS

Employees who violate any of the conditions of the Employer’s drug-free workplace program are subject to discipline up to and including employment separation at the Employer’s sole discretion.

The degree of action chosen will depend on the circumstances of each case. However, each employee should understand that certain policy violations such as the possession, sale or use of illegal drugs on Employer premises or on Employer time will result in immediate employment separation.

The following provides guidance for the Employer’s discipline, though all decisions are at the Employer’s sole discretion and depend on the circumstances of the case.

An employee who tests positive for any of the substances contained in this Article will:

• Be immediately removed from duty

• Be suspended without pay for a period of 7 days

• Be subject to employment separation immediately if he/she tests positive through the confirmatory test procedure.

An employee will be subject to the same consequences of a positive test if he/she refuses the screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an imposter, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test.

SECTION 12.10 CONFIDENTIALITY

All information, interviews, reports, statements, memoranda, documentation, and drug and alcohol test results, written or otherwise, are confidential. The Employer and any of its agents associated with drug and alcohol testing (laboratory, collection site, Medical Review Officer, 19 / 48 rehabilitation/treatment/counseling service providers) who receive or have access to information concerning test results shall keep all information confidential. No such information shall be released without the written consent of the employee unless the release is on a need-to-know basis, is required by law, and is relevant to a legal claim asserted by the employee, or as otherwise provided by law.

The Employer’s workers’ compensation carrier may be notified of results of post-accident tests that may affect the Employer’s insurance program as provided for by state laws.

SECTION 12.11 INSPECTIONS

After a positive test result or there is a reasonable suspicion of drug or alcohol use, the Employer reserves the right to inspect vehicles, premises, and property (including offices, desks, lockers, etc.) and personal effects (handbags, briefcases, packages, coats, etc.).

ARTICLE 13

GOVERNMENT REQUIREMENTS / LICENSING AND CERTIFICATIONS

SECTION 13.1

The parties recognize that they are providing a service to the United States Government (“the Client”). Therefore, the administration of the terms of this Agreement is subject to the wishes of the Client and the Client’s contract with the Employer. The Client may supersede any understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other Government directive not mentioned herein. The Union acknowledges that the Employer’s obligations to the Client are further provided in the Project Work Statement governing the services provided at the worksite.

SECTION 13.2

Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures (e.g., security clearances, medical examinations, uniforms/appearance standards, staffing determinations, assignments, work rules, and drug testing), or with the requirements of the Service Contract Act, the Employer will be permitted to adhere to those requirements without recourse from the Union or any employee against the Employer.

SECTION 13.3

The Employer agrees to provide the Union with a copy of any Client directive or request affecting an employee’s employment provided a Client request or directive is issued in writing by the Client to the Employer.

SECTION 13.4

The Employer may require employees to give voluntary statements in writing or interview employees regarding their knowledge of events under investigation by the Employer. The Employer is required to allow a Union representative to attend any such Employer meetings or interviews upon the request of the employee. The Employer may not force a statement from an employee through coercion or threats, nor compel an employee to make a statement against the

20 / 48 employee’s self-interest; however, failure to cooperate in a fact-finding investigation will result in its conclusion without the employee's input to the process. Statements submitted after the conclusion of an investigation will not be considered, unless the Employer, at its sole discretion, agrees to consider them. If an employee is later found to have withheld information pertinent to an investigation, that employee may be subject to disciplinary action including termination.

SECTION 13.5

Employees who witness violations of Employer and/or Client rules and regulations and who fail to report such violations as required by the Employer and/or Client may be subject to disciplinary action, up to and including termination.

SECTION 13.6

Employees are required as a condition of employment or continued employment to possess and maintain certain security clearances, suitability, licenses and/or certifications. It is the employee’s responsibility to keep clearances, suitability, licenses and/or certifications current. Failure to do so will result in the employee’s removal from the contract. The Employer agrees to timely notify and schedule training and recertification as appropriate. The Employer also agrees to pay for all required training, recertifications, and/or any licensing fees. The employees shall adhere to the Handgun Qualification Course, as outlined in Appendix B, made a part of the Agreement hereunder.

SECTION 13.7

Employees entering service with the Employer agree that the Employer will perform personal background checks and verification of employee provided references. Submission of information determined to be false, relative to background data, qualifications, experience and/or references, or revelation of detrimental information prejudicial to the Employer’s interest will subject the employee to and is defined as conduct warranting immediate discharge for cause.

ARTICLE 14

EXAMINATIONS

SECTION 14.1

Applicants, trainees and candidates for employment will be required to successfully pass a medical/psychological examination and drug screen, physical test, TB test, CPR testing and weapons qualification (if required by classification) specified by the Federal Service Contract (FSC) referenced herein prior to entry on duty. Thereafter, employees will be required to pass annual physicals, TB tests, and random drug and alcohol tests per the FSC.