2.2.1_Attachment 27 - QAQC CBA.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

CONSOLIDATED COMMERCIAL WORKERS

OF AMERICA, LOCAL NO. 528,

AFFILIATED WITH NOITU-IUJAT

SUPERIOR SECURITY & INVESTIGATIONS OF

SHAWNEE, INC.

EFFECTIVE DATE: DECEMBER 1, 2018

TERMINATION DATE: NOVEMBER 30, 2021

AGREEMENT BETWEEN

CONSOLIDATED COMMERCIAL WORKERS OF AMERICA,

LOCAL 528, AFFILIATED WITH NOITU-IUJAT

- and -

SUPERIOR SECURITY & INVESTIGATIONS OF SHAWNEE, INC.

TABLE OF CONTENTS

PAGES

Section I. Recognition …………………………..…………………..…….……..…. 3

Section II. Classification ..…………………………..……………………………….. 4

Section III. Fair Employment Practices …………………………………

Section IV. Union Membership and Check Off …………..……………….…….…… 5

Section V. Union Representation/Stewards …………..……………..………………. 6

Section VI. Management Retained Rights ……………………………..…..……..…. 6

Section VII. No Strike or Lockout ……………………..………….…………..……... 8

Section VIII. Seniority ………………………………………………………….……… 8

Section IX. Layoff and Recall ………………………………………..…….……..…. 9

Section X. Grievance Procedure …………………………………………………… 10

Section XI. Arbitration Procedure …………………………………….……….……. 12

Section XII. Drug & Alcohol Policy ………...……………………………….……… 13

Section XIII. Government Requirements ……………………………..…….………... 20

Section XIV. Examinations …………………………………………………………… 21

Section XV. General …………………………………………………………………. 22

Section IV. Discipline ……………………………………………………….……… 23

Section XVI. Hours of Work/Overtime/Training & Mileage/Breaks …….…………... 26

Section XVII. Wages …………………………………………………..………………. 27

Section XVIII. Direct Deposit ………….………………………….…….……..……… 28

Section XIX. Health and Welfare/Pension Benefits …………………………..……… 28

Section XX. Vacations ………………………………………………………..……… 28

Section XXII. Sick Leave/Personal …………………………………………….……… 29

Section XXIII. Holidays ………………………………………………………….…….. 30

Section XXIV. Bereavement Leave ……………………………………………..……… 31

Section XXV. Leave of Absence ……………………………………..…….…….……. 31

Section XXVI. Attendance .…………………………………………………………… 33

Section XXVII. Duration ………………………………………………………………... 34

Section XXVIII. SCA and ICE Contract Supremacy Clause …………………….…….… 34

Signature …………………………………………………………………………………….… 35

Appendix A …………………………………………………………………………………….. 36

This Agreement was entered into on December 1, 2018 by and between Superior

Security & Investigations of Shawnee, Inc. and any of their successors (hereinafter referred to as the “Employer”), and the Consolidated Commercial Workers of America, Local 528, affiliated with NOITU-IUJAT (hereinafter referred to as the “Union”).

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 as the Port Isabel Detention Center under the current contract or any successor contract, this Agreement will become null and void between the Union and the

Employer.

W I T N E S S E T H:

SECTION I. RECOGNITION

A. 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 Physical Security Inspector, 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 purchase or transferee shall be bound by this agreement.

B. The Employer hereby recognizes the Union as the sole bargaining agent for all

Quality Assurance, Quality Control, and Physical Security Inspectors (QA, QC, or PSI) 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.

C. 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; that the 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.

SECTION II. CLASSIFICATIONS

Employees are classified as full-time or part-time Quality Control, Quality Assurance, and Physical Security Inspectors (QC, QA, PSI).

1. Full-time employees are those employees who are classified as such on the Seniority

List who are regularly scheduled to work 30 or more hours per week. The number of fulltime employee slots is determined by the Company based on various post coverage requirements incident to performance of the ICE contract.

2. Part-time employees are those employees who are classified as such on the Seniority

List, who work less than a full-time schedule.

3. 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.

4. 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 or to restore operations of the worksite.

5. Employees are classified as Quality Control, Quality Assurance, and Physical

Security Inspectors (QC, QA, PSI) for the purposes of classification within the job titles. No QC, QA, PSI is considered part of management.

6. 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.

SECTION III. FAIR EMPLOYMENT PRACTICES

A. The Employer and the Union agree to comply with applicable state and/or federal law governing discrimination in the workplace, and both agree that neither shall engage in conduct deemed unlawful under state or federal law.

B. 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 is intended to reduce redundancies in writing this document.

C. 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.

SECTION IV. UNION MEMBERSHIP AND CHECK-OFF

A. The Company agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. The Employee, upon thirty (30) days written notice served upon the Company and the Union, may revoke such authorization. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, but the Union, as to the dollar amount of the Union membership dues.

B. The Company will remit all such deductions to the Union’s Secretary Treasurer by the 15th day of each and every month for the preceding month’s dues. The Company will furnish the Secretary Treasurer with a deduction list, setting forth the name and amount of dues or fees reflecting for whom the deductions are made. The Union agrees to indemnify and hold the

Company harmless from any action or actions growing out of these deductions initiated by an

Employee against the Company and assume full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Company’s attention.

SECTION V. UNION REPRESENTATION / STEWARDS

A. Employees have the right to be represented by the Union.

B. 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.

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

D. Any Steward having an individual grievance in connection with his/her own work may ask for the Alternate Steward or the Chief Steward to represent him/her in accordance with the provisions of this Section.

E. The Company shall provide an appropriate bulletin board exclusively for the use of the Union for the posting of non-controversial notices, such as:

Notices of Union recreational and social affairs

Notices of Union elections

Notices of Union appointments and results of Union elections

Notices of Union meetings

Programs and benefits offered by the Union

All postings must be approved by the Company.

SECTION VI. MANAGEMENT RETAINED RIGHTS

A. 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 retain all of their normal, inherent common law rights to manage the business, whether or not exercised, except as 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, 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; to determine the number of hours per day or week that operations shall be carried on; to establish shifts, to 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.

B. 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 any Agreements entered into in the future with the Union. Memorandums of Understanding may be agreed upon between

Employer Corporate level management and the Union. The site management has no authority to modify the provisions of the CBA.

C. 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 immediately forwarded to the Union for review. The Union will have thirty (30) days to request a 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.

D. 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 the provisions of the Service Contract Act and/or provisions of the

Client’s contract, the terms of the Service Contract Act and/or the Client’s contract shall prevail.

SECTION VII. NO STRIKE OR LOCKOUT

A. During the term of this Agreement, the Union agrees that it will not engage in any strike, work stoppage, slowdown, sit down, sympathy strike, sick out or blue flu, or any other work interruption or interference with or against the Employer, directly or indirectly, for any reason, whether in protest of alleged violations of this Agreement.

B. During the term of the Agreement, the Employer will not lock out employees.

SECTION VIII. SENIORITY

A. Each newly hired employee not previously employed by the Employer shalt 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/her hire. During the probationary period, probationary employees are not entitled to benefits such as Health & Welfare and Pension.

B. Any promoted employee to Management shall be on probation for the first ninety

(90) calendar days.

C. ANNIVERSARY DATE DEFINED: Provided an employee completes the 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 selection, seniority shall begin when entering the unit.

D. 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.

E. The Employer shall maintain a unit seniority list. Said list shall contain original date of hire, last date of hire, and/or conversion to Bargaining Unit Member. Said list shall also include the sub classification.

F. Employees sharing the same date of hire or promotion, seniority shall be determined by the highest number of the last 4 digits of their social security number.

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

Employee is discharged for just cause

Employee voluntarily separates

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 Section

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

If an Employee transfers to a non-union position, he/she will retain their seniority for ninety (90) days

An Employee accepts employment elsewhere while on leave of absence.

SECTION IX. LAY OFF AND RECALL

A. In the event the Employer deems a lay off is necessary, the Employer shall notify the

Union ten (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 party-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.

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

C. The Employer agrees to recall when the Employer decides to increase its workforce before they may employ newly fired or promote employees they must offer positions to the effected employee on lay-off in reverse order in which they were laid off.

D. 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 forty eight (48) hours after receipt of certified notice from the Company of recall. The employee will then have a maximum of two (2) calendar days to report for duty.

E. Notwithstanding the provisions of section above, 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 will be returned to the recall list. After two recall notices are sent to an employee with no response, the employee will lose all seniority and be dropped from the recall list.

SECTION X. GRIEVANCE PROCEDURE

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 Employee 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 statures shall be subject to this Section as the exclusive means of redress.

B. Wherever in this Section the term steward is used, it shall mean any Union steward.

C. The parties shall attempt to resolve all disputes arising in connections 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 (reductions in wages) for the 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. In the event of grievance on the graveyard shift, the company agrees, as may be reasonable, to meet with the Union at 0700 a.m. during regular workdays for the purpose of discussing the grievance.

D. In any matters of discipline that would result in suspension or termination, the Union shall have the right to review name-redacted statements, reports, or accounts of infractions alleged in the presence of the Company representative.

E. Grievance Steps:

Step 1: Any employee having a grievance under this Agreement shall reduce his/her grievance to writing and present said grievance to his/her immediate shift commander or responsible manager (depending on the nature of the grievance) within seven (7) business days after the occurrence of giving rise to the grievance or when the aggrieved employee was first made aware. At the option of the aggrieved employee, they may request to have a steward or designated representative present. Should the Employer not respond to the grievance, it will automatically be moved up to Step 2 in the grievance process

Step 2: If the matter is not resolved in Step 1, the grievance shall be submitted in writing signed by the aggrieved employee and/or his steward and submitted to the

Project Manager or his designee within seven (7) business days from the receipt of the Step 1grievance, 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

Should the Employer not respond to the grievance, it will automatically be moved up to

Step 3 in the grievance process.

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

Step 3: If the matter is not resolved in Step 2, the Union may appeal the grievance in writing to the company Program Manager within seven (7) business days from receipt of the company designee 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) business days from the receipt of the Union’s appeal or grievance, the Program

Manager shall submit a written reply to the Union.

Step 4: At the conclusion of Step 3, if the grievance is not, the Union

Representative will contact the Company President in a good faith attempt to resolve the grievance. The parties will have seven (7) days from the end of Step 3 to reach a settlement. If none is reached, the Union may move the grievance forward to arbitration.

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.

SECTION XI. 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) business days of the rejection of the grievance in Step 4.

B. Within seven (7) business 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) business 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 whom will strike first.

D. Any grievance upon which a disposition including denial is not made by the

Company within the prescribed time limits or such extension as may have been agreed to, will be deemed settled on the basis of the Union’s last written demand. Any grievance not carried to the next Step by the Union within the prescribed time limits, or any such extension as may have been agreed to, shall automatically progress to the next Step of the Grievance Procedure.

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

F. The decision of the arbitrator shall be final and binding upon all parties.

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

H. Time limits set forth herein may be extended only by mutual agreement in writing of the Union and the Company. Holidays shall be excluded in the time limits.

I. The arbitrator shall render a decision within sixty (60) days following the hearing.

Decisions of the arbitrator, subject to the limitation 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.

J. The Union shall have the right to file a group grievance or grievances involving two

(2) or more employees at Step 2 of the grievance procedure within ten (10) working days of the event giving rise to the grievance. Such grievances must be addressed at Step 1.

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

SECTION XII. DRUG & ALCOHOL POLICY

A. The Employers are 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.

B. 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, building, 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 working 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.

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

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 Employers. 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.

C. Employees who report to work under the influence of alcohol will not be allowed to go to their respective work station 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).

D. Drugs: Employees are prohibited from:

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)

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 in a safety-sensitive position to safely perform any job function. Safety-sensitive workers who bring forth such information may be temporarily placed in a non-safety-sensitive position

Failing to notify a supervisor or manager if the employee believes that he/she is under the influence of drugs

Bringing illegal drugs, controlled substances, or drug paraphernalia to work and/or storing illegal drugs, controlled substances, or drug paraphernalia on

Employer property

Possessing, using manufacturing, distributing, or attempting to distribute, sell, or dispense 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.

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

Abusing prescription drugs which includes exceeding the recommending prescribed dosage or using others' prescribed medications\switching, tampering with, or altering any specimen or sample collected under the Employer's program for the purpose of testing for drugs, or attempting to do so

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

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

Refusal to be tested

Failure to provide an adequate sample without a valid medical excuse

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

Failure to show up at an assigned collection sight to provide a specimen

Failure to be reasonable available to be tested following an accident

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

E. The Employer reserves the right to conduct a post offer pre-employment drug test as part of the employee candidate procedure. The Employers reserve the right to conduct periodic drug and alcohol tests in order to achieve a safe and productive work environment. The

Employers reserve 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 Employers will use scientifically valid methods and procedures and may test urine, blood, saliva, 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 physician's prescription for the positive result, and a documented chain of custody. However, if this employee is operating a motor vehicle or equipment under this 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 Employers 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 Test

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 substance 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:

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 Employers in advance.

F. Types of Testing:

1. 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

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 refusal to participate in a drug test, failure to sign the consent form, or any effort to tamper with a sample or to adulterate 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.

2. 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 based upon specific facts and inference 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, 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.

3. Post-Accident Drug and Alcohol Testing

All employees who have been involved in an accident during work time or while on

Employer business or on Employer property shall be subject to drug and alcohol testing. A post-accident drug and alcohol test must take place immediately or as soon as reasonably possible following the time of the accident. Any employee who fails to report a work-related accident is in violation of this policy and is subject to disciplinary action, up to and including termination. Under certain state laws, employees testing positive may be ineligible for workers’ compensation benefits. A covered accident is one that takes place during work time or while on Employer business or on Employer property and involves any one of the following:

A fatality

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

Damage to Employer/Government property

Damage to Employer/Government vehicles owned or leased by the

Employer/Government or being used for Employer purposes

4. 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.

5. 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.

G. Prescribed Medication:

Medication prescribed by a proper medical authority that may cause impairment may be allowed by must be reported to the 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/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.

H. 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 an employee 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 and terminate the employee’s employment.

I. Consequences for Violations of the Drue-Free Workplace Program

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 Section will be:

immediately removed from duty

Suspended without pay for a period of 7 days

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 send 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. Confidentiality

J. All information, interviews, reports, statements, memoranda, documentation, and drug and alcohol test results, written or otherwise, are confidential. The Employers and any of its agents associated with drug and alcohol testing (laboratory, collection site, Medical Review

Officer, 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 release 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 worker’s 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.

K. 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 the personal effects (handbags, briefcases, packages, coats, etc.).

SECTION XIII. GOVERNMENT REQUIREMENTS

A. 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.

B. Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures (e.g. security clearances, medical, examination, 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.

C. 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.

D. 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 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.

E. 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 XIV. EXAMINATIONS

A. Applicants, trainees, and candidates for employment will be required to successfully pass a medical/psychological examination and drug screen, physical test, TB test, SPR 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. At other times, employees may be required to take “fitness for duty” physical examinations on a case-by-case basis when either ordered by the government or in accordance with Employer policies (such as, but not limited to, return from FMLA, Worker’s Compensation injury, or other leave of absence).

B. Any Employer directed examination or testing will be at the Employer's expense. QC, QA, or PSI will be paid for all time spent or a minimum of 4 hours straight time pay, whichever is greater. Such time when not part of the employees regular work day will not count towards overtime.

C. Facial hair. QC,QA, or PSI are required to comply with Employer grooming standards with respect to facial hair (i.e. no beards, long side burns, or goatees); QC, QA, or PSI are also required to wear respirators in performance of their duties when necessary. If a QC, QA, or PSI is unable to shave daily due to some medical condition, the QC, QA, or PSI must provide a U.S. Doctor's note providing an excuse, but will otherwise maintain their appearance as close to standards as possible. If a QC, QA, or PSI is unable to wear a respirator, the QC, QA, or PSI will first be provided with a respirator fit test by a physician; if the QC, QA, or PSI is unable to get a proper seal, the QC, QA, or PSI will be provided the options listed above in 14.03.

SECTION XV. GENERAL

A. Should any part of this Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of any court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof. Remaining parts or provisions shall remain in full force and effect.

B. 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.

C. 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.

D. Each employee is at all times responsible for having a correct address, telephone number, (and email address when required by the government) on file with the Employer. All written notices shall be deemed to be properly filed if sent to the employee's last address on file.

Failure to maintain a current address and telephone number on file shall result in disciplinary action for violation of this section. The Employer shall be responsible for safeguarding employee information, but shall not be held liable for data breaches caused by others.

E. The Employer agrees to provide the Union with a list of new hires and terminations when applicable. This list will include the employee’s name. The Union shall keep the Employer advised, in writing, of the names of the authorized union representatives whenever a change is made.

F. Uniform Code - Professional Appearance

A neat professional appearance is a requirement of the Employer. It is expected that all employees will exercise good judgment and dress appropriately for their jobs, no non-issued items of clothing or equipment shall be worn by any Bargaining Unit Members, QC Manager, or designee. Employees wearing the Employer’s Uniform represent the Employer at all times while in uniform and must conform to the following: Uniform Standards: All QC, QA, or PSI are expected to be “uniform” in appearance and shall not take up their posts until their appearance is in compliance with the following:

Facial Hair No beards, goatees, excessively long sideburns

Hair Males Neatly trimmed; no pony tails; hair must not interfere with wearing of any protective device

Females Worn in a short style or put up (no metal pins)

Jewelry Males Watch, one ring per hand, necklace (must be completely concealed - wear is discouraged due to potential choking hazard)

Females Watch, one ring per hand (with low profile);

necklace (must be completely concealed – wear is discouraged due to potential choking hazard); ball style silver or gold earrings

Studs No metallic or other skin attachments (studs) or other body piercing items may be worn if visible.

Fingernails Fingernails shall not be excessively long as not to interfere with firing a firearm and to reduce the potential for inadvertently scratching detainees.

When an employee’s uniform/appearance does not comply with established standards, the supervisor will issue verbal counseling with written documentation…