2.2.1_Attachment 28 - UGSOA Detention Officers 850 CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AHTNA SUPPORT & TRAINING SERVICES, LLC. (ASTS)

ASSET PROTECTION & SECURITY SERVICES, LP (ASSET)

AND THE

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA INTERNATIONAL

UNION AND ITS LOCAL # 850

TABLE OF CONTENTS

Article Title Page Agreement 3

1 Recognition 4 2 Classifications 5 3 Fair Employment Practices 6 4 Union Membership and Check Off 6 5 Union Representation 7 6 Management Rights 9 7 No Strike or Lockout 10 8 Seniority 10 9 Layoff and Recall 12 10 Grievance Procedure 13 11 Arbitration Procedure 15 12 Drug & Alcohol Policy 17 13 Government Requirements 23 14 Examinations 24 15 Bulletin Board 25 16 General 25 17 Discipline 28

Hours of Work/Overtime/Additional Available Hours/Training and Mileage/Guard Mount/Muster and Breaks

19 Schedule Bidding Process 32 20 Wages 34 21 Health and Welfare/Pension Benefits/Other Allowances 36 22 Retirement Allowance 37 23 Vacations 37 24 Sick Leave 39 25 Holidays 40 26 Uniform Allowance & Equipment 41 27 Bereavement Leave 43 28 Leave of Absence 43 29 Attendance 45 30 Dues Check Off/Authorization 47 31 Duration 48 32 SCA and ICE Contract Supremacy Clause 48 Signature Page 49

Appendix A Pay Chart 50 Appendix B Firearms Policy 51 Appendix C SF-88 Report of Medical Examination 59

AGREEMENT

This Agreement was entered into on October 31, 2018 by and between Ahtna Support and Training Services, LLC, Asset Protection and Security Services, LP, and any of their successors, hereinafter referred to as the "Employer(s)" and the United Government Security Officers of America, International Union and its Local 850 (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 at the Port Isabel Detention Center under Contract HSCEDM-15-D-00001 or any successor contract, this Agreement will become null and void between the Union and the Employers.

ARTICLE 1

RECOGNITION

Section 1.01 The Employers recognize 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 Detention Officers, employed by the Employers 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 Employers, to hire, transfer, suspend, layoff, recall, demote, promote, assign, reward, or discipline and/or discharge employees for just cause. A Supervisor is the individual who has the authority to direct operational work and recommend discipline. 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 1.02 The Employers hereby recognize the Union as the sole bargaining agent for all detention officer employees who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Employers; 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 1.03 The Employers will notify the Local Union President or Vice President of any new-hire training classes as soon as the class schedule is known. The Employers will coordinate with the Union, so they may schedule and hold an orientation regarding Union business and where new-hire employees may ask questions of the Union. It is agreed that the Union orientation is not compensable by the Employers.

Section 1.04 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 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 Employers. The Employers agree to notify Union of policy or procedure changes, and if requested by the Union, the Employers will meet with the Union to discuss any changes only if the change is unrelated to the Client's request.

If it becomes necessary to review articles contained within this CBA to clarify meaning and/or to agree upon the meaning of articles, the Employers and the Union shall be entitled to request up to two meetings per CBA year. The parties agree to meet within 30 days of notification of such request of either party, and a written agenda shall be submitted citing the specific articles for review during the meeting.

ARTICLE 2

CLASSIFICATIONS

Section 2.01 Employees are classified as full-time or part-time Detention Officers for purposes of classification within the job titles expressed in the Federal Wage Determination system.

No Detention Officer is considered part of management, under Article 8, for the purposes of suspension of seniority upon promotion to management positions. Employees are further classified as:

Unarmed Detention Officers – provide security services as assigned at the PIDC Facility or a medical facility.

Armed Detention Officers – provide armed security for the facility at the facility lobby, main gate, and patrol the outer perimeter and unarmed detention officer duties.

Section 2.02 Full-time employees are those employees who are classified as such on the Seniority List.

The number of full-time employee slots is determined by the Employers based on various post coverage requirements incident to performance of the Client contract.

Section 2.03 Part-time employees are those employees who are classified as such on the Seniority List. The number of part-time employee slots is determined by the Employers based on various post coverage requirements incident to performance of the ICE contract.

Section 2.04 Outside of post orders, 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 agreed to by the employee on a voluntary basis.

Section 2.05 Employees covered by this agreement generally will 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 Employers 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. The Employers will first ask if any employees wish to perform janitorial services on a voluntary basis by Seniority and if there are no volunteers the Employers will select employees based upon those with the least seniority.

Section 2.06 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 except that the employee will not be allowed to return to his original schedule slot. The employee may re-bid for that slot during the next scheduled bidding process.

ARTICLE 3

FAIR EMPLOYMENT PRACTICES

Section 3.01 Neither the employer nor the union shall discriminate against any employee on the basis of race, color, creed, gender, sexual orientation, age, religion, nationality, union activity, veteran’s status, disability, or any other protected classification.

Section 3.02 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.

Section 3.03 The Employers agree 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 MEMBERSHIP AND CHECK OFF

Section 4.01 The Union agrees to accept as a member upon application and without discrimination any new employee who may be hired by the Employers for employment within the bargaining unit, and who elects to become a member of the Union.

Section 4.02 The Check-Off Authorization Card to be executed and furnished to the Employers by the Union and employees shall be the official Union AUTHORIZATION FOR CHECK-OFF OF DUES, a copy of which shall be attached and made part of this agreement is mutually agreed by the parties.

a) All sums collected in accordance with such signed authorization cards shall be remitted to the Financial Officer of Local 850 not later than the fifteenth (15 th ) of the month subsequent to the month in which such sums were deducted by the Employers.

b) The Employers shall furnish with the monthly check a list of all employees for whom deductions have been made.

Section 4.03 The Union accepts full responsibility for the authenticity for each check-off card submitted by it to the Employers, and any authorizations which are incomplete or in error shall be disregarded by the Employers and shall be returned to the Union for correction. The Union agrees that, upon receipt of proper proof, it will refund any employees any deduction erroneously or illegally withheld from an employee's earnings by the Employers which has been transmitted to the Union by the Employers. The Union further agrees to indemnify the Employers and hold it harmless against any and all claims, suits or other forms of liability which may be made against it by any party for amounts deducted from wages as herein provided.

Section 4.04 No deductions of Union dues will be made from the wages of any employee who has not executed a check-off form or who is not in pay status. Upon returning to work, deductions will be resumed, provided it is in accordance with the other appropriate provisions of this Agreement and of the National Labor Relations Act, as amended.

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

Deduction of membership dues shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount that after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Employers to collect dues shall not extend beyond the pay period in which the employee's last day of work occurs. In no case will dues deductions reduce the employee’s earnings to less than minimum wage.

ARTICLE 5

UNION REPRESENTATION

Section 5.01 At the employees' request, employees covered by this Agreement shall be represented in the investigation, presentation and settlement of a grievance by a Union steward, elected official or peer witness that is a dues paying member of the Union. Any option selected will be considered Union Representation.

Section 5.02 The local Union representative is employed to perform full-time work on the post to which each is assigned. The local Union 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 Employers prior to conducting Union business while on duty.

Section 5.03 Upon authorization from the Employers and the Client, access to its premises during working hours will be given to the Union International Representative when necessary for the purpose of addressing Union business with Employers Management.

Section 5.04 Upon written request, receipt of which will be acknowledged by the Company, the Employers agree to make available for review statements, written material or allegations to the Union in accordance with proper request procedures related to any investigation giving rise to a grievance involving rights and/or obligations of the collective bargaining unit. For all other matters, the Employers agree to make available for review statements, written material or allegations to the Union upon written request by the affected employee.

The number of documents requested by the Union or affected employee shall be specifically applicable to the issue at hand and reasonable as agreed to by the Union and employer. 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 17.

Section 5.05 Either the Employers or the Union may request a meeting to discuss any matters, exclusive of grievances, arising out of the application or interpretation of this Agreement.

Thereafter, a meeting shall be held at a time and place mutually agreeable.

Section 5.06 The Employers and Union bargaining committee agree to hold joint "Union/management" meetings monthly. The purpose of the meeting will be to discuss current happenings within the organization and any problems or disputes that have occurred during the month. The parties will not be obligated to discuss issues that are already in the grievance procedure.

Section 5.07 The Local Union will provide to the Employers an updated list of all Union Officials and representatives to include email address and phone numbers as changes occur

Section 5.08 The Employers will allow up to five (5) employees elected by the Local Union to attend as a delegate to conferences and/or other Union related business upon request from the Local Union President and upon reasonable notice to the Employers; reasonable notice is defined as when the Union learns of the meeting or at least 30 days advance written notice. Up to three (3) employees will be allowed to attend the Union's International convention and up to five (5) employees will be allowed to attend labor negotiations with at least 30 days written notice to the Employers and provided there is sufficient staffing to meet the Employers' contractual obligations to the Client. Reasonable accommodations will be considered.

ARTICLE 6

MANAGEMENT RETAINED RIGHTS

Section 6.01 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 Employers. The Employers 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, 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; 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.

Section 6.02 The above paragraphs are recognized as the rights and functions of the Employers by the Union, but the Employers agree 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 Employers and the Union. The site management has no authority to modify the provisions of the CBA.

Section 6.03 The Union agrees that all employees must read the respective Employer's Handbook and any Addendum thereto during training (and from time to time as changes may be made) and acknowledge that they have read and understand its content as provided by Employers policy. A policy change, not directed by ICE, that conflicts with the current conditions of employment included in the CBA will be provided to the Union seven (7) calendar days in advance. If the policy change modifies the conditions of employment, it will be subject to bargaining.

Section 6.04 Detention Officers may be part of a bargaining unit represented by a Union. 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.

ARTICLE 7

NO STRIKE OR LOCKOUT

Section 7.01 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 Employers, directly or indirectly, for any reason, whether in protest of alleged violations of this Agreement.

Section 7.02 During the term of this agreement, the Employers will not lock out employees.

ARTICLE 8

SENIORITY

Section 8.01 Seniority shall be defined as the total length of time spent by an employee with continuous service with the present contractor and all previous contractors at the worksite, unless otherwise provided for in this Agreement. Full-time employees and part-time employees shall be placed on separate seniority lists. Male and female employees shall be placed on the same seniority list, however, for purpose of bidding schedule slots, if required by the Client, the Employers may require female employees with the least amount of seniority to work a shift due to contract coverage requirements.

Armed Detention Officers will be placed on the same seniority list as unarmed detention officers; however, they will bid the "armed" schedule slots.

Section 8.02 An employee shall be regarded as a probationary employee for the first ninety (90) calendar days of his employment following completion of all required trainings and certifications. During this period, the employee may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement.

Section 8.03 A probationary employee who has been laid off or discharged, and who is later eligible to be rehired, will begin a new 90-day probationary period upon his first day worked following such rehire.

Section 8.04 After a full time employee has completed their probationary period, their name shall be placed on the Seniority List in accordance with their respective hire date, which shall constitute their seniority date. The "hire date" is defined as the first day the employee earns wages/attends training.

Section 8.05 Seniority for employees whose hire date is the same will be determined by the last 4 digits of the respective employees' social security number, highest to lowest.

Section 8.06 A Seniority List will be furnished quarterly to the Union by the Employers.

Section 8.07 An employee shall lose their seniority for any of the following reasons:

a) An Employee quits.

b) An Employee is discharged for just cause.

c) An Employee is laid off for a period equal to his/her seniority or they had less than one (1) year of seniority with the Employers at the time they were placed on layoff;

or an employee is laid off for more than one year. In the event an employee is laid off due to a closure at the worksite because of a natural disaster the employee will not lose seniority.

d) An Employee fails to report to work within ten (10) calendar days after written notice of recall following a layoff or after expiration of an authorized leave of absence.

e) An Employee retires.

f) An Employee accepts employment elsewhere while on leave of absence.

g) An Employee fails to report to work for two (2) consecutively scheduled days without notifying the Employers (except in case of circumstances beyond their control with valid documentation) shall be considered a voluntary resignation.

Section 8.08 An employee terminated for reasons other than just cause shall retain their seniority status as of the date of termination provided: (1) the employee satisfies all requirements for rehire; and (2) applies for rehire within 12 months of the last day worked. Employees who apply for a vacancy at the worksite shall be given preference in hiring. Preference in hire shall be defined as priority given to the former employee among equally qualified applicants. Employees who resign with a pending disciplinary action will not be eligible for re-hire.

Section 8.09 In the event it is determined that there will be a reduction in the work force, employees serving their probationary period at the time of the implementation of the reduction shall be laid off before employees with seniority.

Section 8.10 Seniority shall be applied as specified by the terms and conditions of this Agreement.

Seniority shall not carry with it any rights to posts, assignments, promotions, interviews, or other benefits not specifically outlined in this agreement.

Section 8.11 Seniority shall accumulate only during the period of any approved leave of absence subject to the provisions of this Agreement or applicable law.

Section 8.12 Employees who are hired by the Employers will utilize that date as their seniority date.

Employees with previous onsite working experience with another employer, without break in service, will maintain site seniority for the purposes of benefits only per the Service Contract Act guidelines.

ARTICLE 9

LAY OFF AND RECALL

Section 9.01 In the event of a lay-off, probationary employees shall be laid off first without regard to their individual periods of employment. Probationary employees shall not accrue seniority while on lay-off and shall have no recall rights.

Section 9.02 Non-probationary employees shall be the next to be laid off on the basis of seniority.

Section 9.03 When a vacancy arises, the Employers shall recall employees in accordance with seniority.

Section 9.04 An employee shall continue to retain recall rights for twelve (12) months or the length of employment, whichever is less, commencing from the date of the lay-off.

Section 9.05 In the event of a layoff, the Company will provide the Union with a recall list.

ARTICLE 10

GRIEVANCE PROCEDURE

Section 10.01 At the employees' request, employees covered by this Agreement shall be represented in the investigation, presentation, and settlement of a grievance by a steward, elected official, or other representative of the Union. If the selected representative requested by the employee is not on site or available, the meeting will be rescheduled. If the meeting is rescheduled, the timeline in other articles related to resolution of grievances will be extended by mutual agreement. All grievances shall be submitted in writing on an official Union grievance form at Step 2.

Section 10.02 For the purpose of this Agreement, the word “grievance” means any dispute between the employer and the Union, or between the employer and any employee as to the meaning, application, or interpretation of the terms of this Agreement. Probationary employees shall not have any rights under the grievance procedure.

Section 10.03 The following matrix presents the time frames for filing grievances (all “days” are calendar days). All written responses may be done via e-mail and all meetings may be held in person or telephonically or via other electronic media.

Action Step 1 Step 2 Step 3 Step 4 Discipline or other event occurs

Written Grievance (memo or form) delivered to Management (Captain or above) within seven (7) days of the event; if grievance not resolved within seven (7) days, proceed to Step 2.

Written Step 2 Grievance delivered to Project Manager within seven (7) days of conclusion of Step 1 (Note 1)

Project Manager or designee meets with employee and union representative within seven (7) days of receipt of grievance. (Note 2)

Project Manager or designee replies in writing within seven (7) days of the meeting.

If not resolved in Step 2, the Union may proceed to Step 3.

Written Step 3 Grievance delivered to Corporate HR designee within seven (7) days of conclusion of Step 2

Within seven (7) days of Step 3 filing by the Union, the Corporate HR designee will meet with employee and Union representative(s).

(Note 3)

Corporate HR or designee replies to grievance within seven (7) days of receipt.

If not resolved in Step 3, the Union may proceed to Step 4.

Written Step 4 Grievance delivered to Company President and Union Regional Representative within seven (7) days of conclusion of Step 3.

These officials meet within fifteen (15) days of receipt of Grievance.

Within seven (7) days of the meeting, the Company shall forward its final grievance response to the Union Regional Representative.

If grievance is not resolved, the Union will advise the Company within twenty-one days of its intentions regarding Arbitration

Notes:

1) The written grievance shall set forth in detail the alleged actions or violations citing specific articles and subsections of this Agreement and how the employee was harmed by the Company. The grievance shall also specify the employee’s requested resolution of the grievance.

2) The Step 2 meeting shall be attended by the Project Manager or designee, the selected Union representative, and the employee.

3) No additional allegations may be added to the grievance between Step 2 and Step 3.

Section 10.04 The Union Representative working the same shift as the employee will be permitted to participate in the grievance procedure as specified above during the employee's scheduled workday, if requested by the employee. If the employee selects a Union Representative working a different shift, the Company may schedule the meeting during regular company business hours or on the shift of the requested Steward. In such a case, the employee is not compensated for his/her time to attend the meeting.

Section 10.05 Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with time limitations set forth above. There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the Employer to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure. In any particular case, any time specification may be extended by mutual agreement between the employer and the Union, in writing.

ARTICLE 11

ARBITRATION PROCEDURE

Section 11.01 Grievances which have been processed in accordance with the requirements of Article 10 Grievance Procedure, and which remain unsettled may be processed to arbitration in accordance with the following procedures and limitations. All references to “days” in this section are “calendar” days.

Section 11.02 If the Union has not notified the Company of its intention to proceed to Arbitration within twenty-one (21) days of receipt of the Company’s final position on a grievance, the grievance shall be considered settled.

If the Union elects to proceed to Arbitration, the employer and the union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case. This selection process shall conclude no later than ten (10) days after Union notification of its intent to Arbitrate.

Should the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service to supply a list of seven (7) arbitrators to hear the case. A copy of this request will be sent to the Employer. This request will be made within five (5) days after the failure of the parties to agree upon an arbitrator. An arbitrator will be selected from the list supplied by the Federal Mediation and Conciliation Service by the parties alternately striking from the list until one name remains, and this individual will be the arbitrator to hear the case. The Union shall strike first.

Section 11.03 The arbitrator may examine the witness or witnesses of each party. Each party shall have the right to cross-examine the witness or witnesses of the other party.

Section 11.04 The decision of the arbitrator shall be submitted, in writing, and shall be final and binding on all parties to the Agreement. Unless written authority is given, the decision shall be made within thirty (30) days following the close of the hearing. Each party hereto shall bear expense of preparing and presenting its own case. The cost and all expenses of the arbitrator shall be borne equally by the parties.

Section 11.05 The arbitrator’s authority shall be limited to finding a direct violation of the express purpose of the Contract provision or provisions in question rather than an implied or indirect purpose. The arbitrator cannot modify, amend, or, detract from or alter the provisions of this Contract, nor substitute his/her judgment for that of management.

Section 11.06 Any Arbitration proceeding shall be considered null and void if not filed and processed by the Union in strict accordance with the procedure and time limitations set forth above.

In any case, any time limit specification may be extended by mutual agreement between the employer and the Union, in writing.

Section 11.07 The employer whose employee is the subject of arbitration is the only employer involved in the arbitration, with the exception of Class Action Grievances which may involve both employers.

ARTICLE 12

DRUG & ALCOHOL POLICY

Section 12.01 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 Employers 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 (when drugs or alcohol may have or could have contributed), reasonable suspicion, and return to work drug and alcohol testing.

Section 12.02 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.

A Detention Officer with a BAC of 0.04 or higher will result in a positive test. An Armed Detention Officer with a BAC of 0.02 of higher will result in a positive test.

The Employers reserve 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.

Section 12.03 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 12.04 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 to safely perform any job function.

• Failing to notify a supervisor or manager if the employee believes that he or 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, 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.

• 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 recommended prescribed dosage or using others' prescribed medications;

• 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;

• 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 site to provide a specimen, and

▪ 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.

Section 12.05 Drug and Alcohol Testing The Employers reserve the right to conduct a post offer pre-employment drug test as part of the employee candidate procedures. 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 ensure the use of scientifically valid methods and procedures, and may test urine, 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 provider’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 ensure scientifically valid methods and procedures are utilized in the collection process, 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's will have urine specimens tested 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:

10 Panel Lab Based Screening and Confirmation Levels

Initial Test Analyze

Initial Screening Confirmation

Confirmation Test Analyze

Confirmation Concentration

Marijuana Metabolites

50 ng/mL THCA 15 ng/mL

Cocaine Metabolites

150 ng/mL Benzoylecgonine 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

10 Panel Lab Based Screening and Confirmation Levels

Propoxyphene 300 ng/mL Propoxyphene 150 ng/mL

Methaqualone 300 ng/mL Methaqualone 150 ng/mL

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's in advance.

Section 12.06 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's 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 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 includes, 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/Incident Drug and Alcohol Testing

All employees who have been involved in an accident/incident during work time or while on Employer business or on Employer property, and when drugs or alcohol could have reasonably contributed to the accident/incident, shall be subject to drug and alcohol testing.

If required, a post-accident/incident 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/incident is in violation of this policy and is subject to disciplinary action, up to and including employment separation.

An 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 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) Following 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.

Section 12.07 Prescribed Medication Medication prescribed by a proper medical authority that may cause impairment may be allowed but 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 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 12.08 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 Officer 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 12.09 Consequences for Violations of the Drug-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 Article will be:

• 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's 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 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 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

Section 13.01 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 Statement of Work governing the services provided at the worksite.

Section 13.02 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 13.03 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 13.04 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.