2.2.1_Attachment 29 - UGSOA Transportation Officers 860 CBA_.pdf

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ASSET PROTECTION and SECURITY SERVICES, LP. (ASSET)

AND THE

United Government Security Officers of America International Union and its

LOCAL # 860

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TABLE OF CONTENTS

Article Title Page

Agreement 3

1 Recognition 3

2 Classifications 4

3 Fair Employment Practices 5

4 Union Membership and Dues Check Off (Deductions) 6

5 Union Representation 7

6 Management Rights 8

7 No Strike or Lockout 9

8 Seniority 10

9 Equipment 13

10 Lay Off and Recall 13

11 Grievance Procedure 14

12 Arbitration Procedure 16

13 Drug and Alcohol Policy 17

14 Government Requirements 24

15 Examinations 25

16 Bulletin Boards 25

17 General 26

18 Discipline 29

19 Hours of Work/Additional Available Work Hours/Overtime/Guard Mount – Walk Time/Breaks/Training

20 Schedule Bidding 35

21 Wages 37

22 Health and Welfare/Retirement Benefits/Other Allowances 39

23 Retirement Allowance (401K Plan) 40

24 Vacations 41

25 Sick/Personal Leave 42

26 Holidays 44

27 Uniform Allowance and Equipment 45

28 Bereavement 47

29 Leave of Absences 47

30 Attendance 49

31 Dues Check Off/Authorization 51

32 Duration 52

33 ICE Contract Supremacy 52

Signature Page 53

Appendix A – Pay Chart 54

Appendix B – Firearms Policy 55

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AGREEMENT

This Agreement entered into on October 31, 2018 by and between Asset Protection and Security

Services, L.P., and any of its successors, collectively referred to as the “Company” and the United

Government Security Officers of America, International Union and its Local 860, hereinafter referred to as the “Union”.

In the event the U.S. Government, herein referred to as the “Client”, or “ICE”, terminates the current

Contract HSCEDM-15-D-00001 or any succeeding Service Contract Act Contract with the Company for security services at the Port Isabel Service Processing Center, Los Fresnos, Texas or successor contract, this Agreement will become null and void between the Union and Asset Protection and Security Services

L.P, and to the extent by controlling law, the economic portions of this Agreement will be binding onto the successor.

Article 1

RECOGNITION

Section 1.01

The Company recognizes the Union as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment, and or other conditions of employment for all bargaining unit employees employed at the Port Isabel Service Processing Center in Los Fresno’s, Texas, NLRB

Certification # 16-RC-10993. The bargaining unit is defined as all part time and full time Transportation

Officers, employed by the Company at the Port Isabel Service processing Center, Los Fresnos, Texas, (sometimes herein referred to as the “worksite” or “PIDC”), excluding all office clerical employees, professional employees, and supervisors as defined in the Act. A supervisor 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, transfer of the business/Company, or any part thereof, the purchaser or transferee shall be bound by this Agreement.

Section 1.02

The Company hereby recognizes the Union as the sole bargaining agency for all Transportation Officers providing Transportation Services who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Company; 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 Company will notify the Local Union President or Vice President of any new-hire training classes (as soon as the class schedule is known). The Company 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 Company.

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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 Company. If requested by the union the employer will meet with the union to discuss any changes in policies or procedures, 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 that the Company and the Union shall be entitled to request up to two meetings per CBA year. Both parties agree to meet upon request but no later than 30 days of notification of such request of either party, and that a written agenda shall be submitted citing the specific articles for review during the meeting. When the meeting is scheduled all ICE procedures will remain in effect until such time the meeting has occurred and an agreement has been reached. Any agreements made during these meetings will be documented and signed by both parties and attached as a memorandum to the CBA.

Article 2

CLASSIFICATIONS

Section 2.01

Employees are classified as full time or part time Transportation Officers.

Section 2.02

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

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 Company based on various post coverage requirements incident to performance of the ICE contract. It is agreed that Part Time Slots may be utilized by the company. It is understood that Part Time employees will be utilized as necessary to avoid the use of

“overtime”, however, they will not be used to avoid maximizing employee’s schedules up to 40 hours per week, providing such available hours exist. The Company will increase or decrease slots as necessary if the government increases or decreases contract performance (working) hours.

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Section 2.04 Employees covered by this Agreement shall not be required to deliver office supplies, furniture, 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 shall not be required to perform janitorial services, except the removal of contraband and trash from the transport vehicles resulting from a run, and to pick up after themselves in such areas as a break room. In the event of a natural disaster or state of emergency, officers will be offered cleanup work, if available on a voluntary basis only by seniority.

Section 2.06

No Transportation Officer is considered part of management, under Article 8, Section 9, for the purposes of suspension of seniority upon promotion to management positions.

Section 2.07

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 2.08

Officers detailed as Transport Officers shall not be assigned to fixed facility posts except as a response to facility emergencies, directed by ICE. Officers may also be utilized as lunch reliefs for armed detention officer posts, and other temporary non-fixed post assignments. However, such temporary assignments may not disrupt transport operations.

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, sex, orientation, age, religion, nationality, union activity, veteran’s status, or non-job-related handicap.

Section 3.02

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

Section 3.03

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Neither the Company nor the Union shall interfere with, intimidate, retaliate, restrain, coerce or discriminate against any employee because of the exercise of their rights granted pursuant to this agreement or federal law.

Article 4

UNION MEMBERSHIP AND DUES CHECK OFF (DEDUCTIONS)

Section 4.01

Subject to any State of Federal law, it is mutually agreed as a condition of employment, all employees covered by this agreement shall become members of the union upon completion of, or the effective date of this agreement, whichever is the later; and that thereafter as a requisite of continued employment such employees including those presently members of the union, shall remain members in good standing in the union. Initiation fees and union dues shall be remitted to the financial officer of the local by the company.

Section 4.02

The union agrees to accept as a member upon application and without discrimination any new employee who may be hired by the employer for employment within the bargaining unit.

Section 4.03

The Check-Off Authorization Card to be executed and furnished to the company by the union and the 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 Union Financial Officer of UGSOA Local 860 not later than the fifteenth (15) of the month subsequent to the month in which such sums were deducted by the company.

B. The company shall furnish, with the bi-monthly checks, a list of all employees for whom deductions have been made.

Section 4.04

The union accepts full responsibility for the authenticity for each check-off card submitted by it to the company, and any authorization which is incomplete or in error shall be disregarded by the company, and shall be returned to the union for correction. The union agrees that, upon receipt of proper proof, it will refund to any employee any deduction erroneously or illegally withheld from an employee’s earnings by the company which has been transmitted to the union by the company. The union further agrees to indemnify the company 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 4.05

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

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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, required by law, or allowed by law, have been satisfied. In no event will dues deductions reduce the employee’s pay to less than the minimum wage. In the event of termination of employment, the obligation of the company to collect dues shall not extend beyond the pay period in which the employee’s last day of work occurs.

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 steward, elected official of the Union, or a 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; upon proper relief and with management approval, they may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement that do not interfere with company’s operations. If relieved from post, the employee will be compensated for time spent while representing employees by the company. Management is defined as

Captain or above.

Section 5.03

Upon proper authorization from management, Union Representative, when leaving their post to perform the duties set forth, shall notify their supervisor that he/she is leaving post and the reason for such leaving. The Union Representative shall also notify the supervisor of the post, which they enter as his/her reason for entering. When finished with the duties as described in Section 5.01, they shall immediately notify their supervisor and return to work.

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Section 5.04

Upon written request, receipt of which will be acknowledged by the Company, the Employer agrees 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 herein.

Response to requests shall be provided by the Company within an agreed upon time or fourteen (14) calendar days whichever is less.

Section 5.05

Either the Company or the Union may request a meeting to discuss any matters, exclusive or 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 Local Union will furnish an updated list of all Union Officials as changes occur.

Section 5.07

The Employer will allow up to three (3) representatives 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 with reasonable notice. Up to three (3) employees will be allowed to attend the Union's International convention and labor negotiations. Employees will not be compensated by the employer for this time.

Article 6

MANAGEMENT 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 Company. The Company retains all of its 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, Page9 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 day and night 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 Company by the Union, but the

Company agrees that the exercise of the Management functions will be in accordance with the terms and conditions of this Agreement and any Agreements that may be entered into in the future with the

Union.

Section 6.03

The union agrees that all employees must read the Employer’s Employee Handbook during training (and from time to time as changes may be made), and acknowledge their awareness of its content within 3 days of their hire date or within 3 days of any notice of an updated or revised version. The Company will notify employees of changes to its online handbook via their pay stub. It is the employee’s responsibility to make themselves aware of such announced changes; employees who do not have access to the internet should advise their supervisor of the need for a paper copy.

Section 6.04

Within seven (7) calendar days, the employer agrees to provide the union with a copy of any new policies in writing when new changes arise. Any new changes to operations and/or Company policies will be posted for employees to read throughout the workday.

Section 6.05

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 within seven (7) calendar days. If the policy change modifies the conditions of employment, it will be subject to bargaining.

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 or any other work interruption of interference with or against the

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Company, 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 Company will not lock out employees.

Section 7.03

The Union agrees as part of the consideration of this Agreement that it will take immediate steps to end any work stoppages, strikes, intentional slowdown, or suspension of work, and shall notify its members of such violation of this Agreement and shall instruct its membership to return to work immediately. The

Union agrees that it will not assist employees participating in such work stoppages, strikes, intentional slowdowns

Section 7.04

The company recognizes the Union’s right to hold non-work interrupting demonstrations and to contact the public media outside the limits of client/company property; however, the union agrees to notify the company of any pending plans to demonstrate or to meet with public media and to meet with the company to afford an opportunity to resolve differences prior to any demonstration/meeting with the public media taking place.

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 this site. Seniority on previous contracts shall be used in determining the applicable wages, fringe benefits, and leave schedules. If Part time employees are utilized they shall be placed on a separate seniority list.

Section 8.02

An employee shall be regarded as a probationary employee for the first ninety (90) calendar days of his employment. During this period, the employee will be considered a Probationary Employee during which they may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement, provided, however, that any claim or complaint based on a violation of Article 6 or any federal, state or local statute, regulation or ordinance shall be subject to the Grievance and Arbitration provisions herein as the exclusive means or redress. There shall be no responsibility on the part of the

Company to retain such employee on the payroll and the layoff or discharge of such employee shall not constitute the basis for a grievance against the Company.

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Section 8.03

A probationary employee who has been laid off or discharged, and who is later re-hired after a period of one year from his separation date will begin a new probationary period upon his first day worked following such rehire.

Section 8.04

After an employee has completed ninety (90) calendar days of employment 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 is placed on the operational schedule (no days spent in pre Entry on Duty training or administration are counted toward seniority date).

Section 8.05

Seniority for employees who are hired on the same date (placed on the operational schedule) will be determined by the date and then the time wherein the employee first stood post. The tie breakers would revert to the EOD Clearance date and then to last four (4) digits of the social security number from lowest to highest, with lowest being more senior.

Section 8.06

A Seniority List will be furnished quarterly to the Union.

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 and they had less than one

(1) year of seniority with the Company at the time they were placed on layoff.

d.) An Employee is laid off for a period of one (1) year.

e.) 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.

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

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

i.) Employee is absent from work due to a non-occupational injury for 12 months;

j.) Employee is absent from work due to an occupational injury for 18 months.

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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 for a terminable offense will not be eligible for re-hire.

Section 8.09

In the event it is determined that there will be a reduction in the workforce, 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.

Section 8.11

Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement and any other federal laws.

Section 8.12

The employer agrees to return employees to work who were off on workman’s compensation provided all the following exist: Release from the workman’s compensation doctor to full-duty with no restrictions, passes a fitness for duty medical exam and the employee meets all contractual requirements by ICE.

Section 8.13

It is understood that employees shall have preference of assignments to shifts and days off by bidding for their slot. An employee may file with the Company a written request for a change of shift or days off or slot. However, the Company reserves the right to approve or deny a change request. The time and date of the filing shall be noted on the face of the request and they shall be maintained by the Company for when the Company determines that an opening exists. The Company will fill the opening with the most senior qualified employee that has requested the slot.

Section 8.14

Employees who are hired by the company 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.

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Article 9

EQUIPMENT

Section 9.01

The Company shall furnish all employees with an initial seven (7) sets of uniforms (each set consisting of one shirt and one pair of trousers) without cost to the employee. In addition, the Company shall reimburse all employees for such cleaning and maintenance at a rate of forty cents ($.40) per hour worked, not to exceed 40 hours per week regardless of full or part time status. Employees in a part time status may be issued three (3) sets of uniforms (shirts/trousers) at the discretion of the Company.

Section 9.02

The Company will provide at no cost to the employee, replacement uniforms and equipment as needed when they are worn out or cannot be repaired. In the event it has been determined that an employee’s uniforms need to be replaced due to negligence, it is understood by the parties that the employee will assume the financial responsibility of replacing the uniforms. Unless there are extenuating circumstances, uniforms will be issued as soon as practicable.

Section 9.03

Uniforms will be kept cleaned, pressed, and serviceable to include proper fit and tailoring by the employee.

Section 9.04

The Company reserves the right to inspect uniforms and/or equipment. The company will inspect the ballistic vest on an annual basis to ensure they are serviceable.

Section 9.05

Provided the Government concurs with modifications to uniform/duty gear items, the Company and

Union may meet regarding such items (with respect to differing vendor products but not to items required by the contract). The company will only pay for the company issued equipment but will authorize wear of any other items on the approved list. If the employee chooses to purchase their own equipment from the approved list the company will not be responsible for reimbursement for damage to equipment caused by work.

Article 10

LAYOFF AND RECALL

Section 10.01

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.

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Section 10.02

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

Section 10.03

When a vacancy arises, the employer shall recall employees in accordance with seniority and full time status.

Section 10.04

An employee shall continue to retain recall rights for a one (1) year period or length of employment, whichever is less, commencing from the date of the lay-off.

Section 10.05 In the event of a layoff, the Company will provide the Union with a recall list.

Article 11

GRIEVANCE PROCEDURE

Section 11.01

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 11.02

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 11.03

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.

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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 ten (10) days of the event;

if grievance not resolved within ten

(10) days, proceed to Step 2.

Written Step 2

Grievance delivered to the

Project Manager, or designee, within ten (10) days of conclusion of Step

1 (Note 1)

Project Manager or designee meets with employee and union representative within ten (10) days of receipt of grievance. (Note 2)

Project Manager or designee replies in writing within ten

(10) 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 within ten (10) days of conclusion of Step 2

Within ten (10) days of Step 3 filing by the Union, the

Corporate HR will meet with employee and

Union representative(s).

(Note 3)

Corporate HR replies to grievance within ten (10) 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 ten (10) days of conclusion of Step 3.

These officials meet within fifteen

(15) days of receipt of Grievance.

Within ten (10) 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 (21) days of its intentions regarding

Arbitration

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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 Union representative, and the employee.

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

Section 11.04

A 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 Union

Representative. In such a case, the employee is not compensated for his/her time to attend the meeting.

Section 11.05

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 company 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 12

ARBITRATION PROCEDURE

Section 12.01

Grievances which have been processed in accordance with the requirements of Article 11 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 12.02

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

Page17 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 12.03

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 12.04

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 12.05

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 12.06

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.

Article 13

DRUG AND ALCOHOL POLICY

Section 13.01

The Employer is committed to maintaining a safe, healthy and productive work environment. Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the individual and to all those who interact with him/her. The use, sale, purchase, transfer or possession of an illegal drug under federal or state law in the workplace, and the use, possession, or being under the influence of alcohol pose unacceptable risks for safe and efficient operations. Any employee found to be under the influence of alcohol or illegal drugs, or participating in the sale, purchase, transfer or possession of alcohol or illegal drugs during work hours or on Employers property will be subject to corrective action, up to and including separation.

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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 13.02 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.

An Armed Transportation Officer with a BAC of 0.02 of 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 Employer. Consuming alcoholic beverages while driving any vehicle for Employer/Client business is prohibited. The consumption of alcohol on Employer/Client time or on Employer/Client property is also prohibited. Consumption of alcohol within 8 hours of a scheduled shift involving the operation of an Employer vehicle is prohibited.

Section 13.03

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 13.04 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 the immediate 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;

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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 13.05 Drug and Alcohol Testing

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

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Split-Specimens

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

Laboratory Analysis for Confirmation Tests

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

The Employer will 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, if mandated by the Federal Government, 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 Confirmation

Screening

Confirmation Analyze

Test

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

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Confirmatory Re-tests

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

Section 13.06 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:

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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 twenty-five (25) percent annually, meaning that the Employer will conduct random testing of twenty-five (25) 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 13.07 Prescribed Medication

Medication prescribed by a proper medical authority that may cause impairment may be allowed but must be reported to the immediate supervisor or manager with documentation 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 a question as to the effects of the prescribed medication.

Section 13.08 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.

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Section 13.09 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.