2.2.1-Attachment 2c - CBA_FCGOA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

G4S SECURE SOLUTIONS (USA) INC.

AND THE

FEDERAL CONTRACT GUARDS OF AMERICA

(FCGOA)

1 June 2022 – 31 May 2025

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TABLE OF CONTENTS

Preamble 3

1 Recognition 3

2 Classifications 4

3 Fair Employment Practices 4

4 Dues / Check-Off Authorization 5

5 Union Representation 6

6 Management Rights 7

7 No Strike or Lockout 8

8 Seniority 8

9 Lay-Off and Recall 10

10 Grievance Procedure 11

11 Arbitration Procedure 12

12 Drug and Alcohol Policy 13

13 Client Requirements 13

14 Examinations 14

15 General 14

16 Discipline 15

17 Hours of Work / Overtime / Training and Mileage 16

18 Schedule Bidding 18

19 Wages 20

20 Health and Welfare 20

21 401K Participation 21

22 Vacations 21

23 Sick Leave 22

24 Holidays 24

25 Uniform/Equipment 25

26 Bereavement 26

27 Leave of Absence 27

28 Joint Labor Management Meetings 28

29 Inclement Weather 29

30 Duration 29

Signature Page 30

Appendix A 31

Appendix B 32

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PREAMBLE

This Collective Bargaining Agreement (“CBA” or “Agreement”) entered into on June 1, 2022 by and between G4S Secure Solutions (USA) Inc. and any of its successors, (the “Company”) and the Federal Contract Guards of America, (the “Union”).

In the event ICE an agency of the U.S. Government (the “Client”), terminates the current or any succeeding Service Contract Act (SCA) Contract with the Company for transportation services within the San Antonio Field Office Texas or successor contract, the parties agree to meet and discuss the impact on the bargaining unit. 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 all other conditions of employment for all bargaining unit employees employed at the San Benito, Laredo, Taylor, and Del Rio, associated with the

Company’s contract with the Client. The bargaining unit is defined as all part time and full time

Detention/Transportation Officers, employed by the Company at the San Benito, Laredo, Taylor and Del Rio sectors in Texas; excluding all office clerical employees, professional employees, and supervisors as defined in the Act. 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 representative for all

Detention/Transportation employees providing Detention/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. The Company 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 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 Company will meet with the Union to discuss any changes in policies or procedures.

If it becomes necessary to review articles contained within this CBA to clarify meaning and/or to agree upon the meaning of articles, the Company and the Union shall agree to meet. Any

Page 4 / 32 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 Detention/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 32 hours or more per week. 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 detail coverage requirements

Section 2.03

Part-time employees are those employees who are classified as such on the Seniority List and work less than thirty-two (32) hours per week.

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.

Section 2.05

Employees covered under this agreement shall not be required to perform janitorial duties except the removal of contraband and trash from the transport vehicles at the conclusion of their transport runs. Employees will be responsible for cleaning up after themselves in common areas such as the break room.

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.

ARTICLE 3

FAIR EMPLOYMENT PRACTICES

Section 3.01

Neither the Company nor the Union shall discriminate against any employee on the basis of race, color, creed, sex, age, religion, nationality, Union activity, veteran’s status, or handicap.

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Section 3.02

The parties agree 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 are intended to reduce redundancies in writing this document.

Section 3.03

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

ARTICLE 4

DUES / CHECK-OFF AUTHORIZATION

Section 4.01

The Company agrees that upon receipt of an individual written request, on a form provided by the

Union and signed by an employee covered by this Agreement, to deduct Union dues, fees and/or assessments from the wages of officers. Such deductions shall be made monthly, or after the employee has sufficient net earnings to cover the Union membership dues or assessments. Funds deducted shall be remitted to the Secretary/Treasurer either via ACH or by live check sent to the

Union’s billing location at P.O. Box 311022, Jamaica, NY 11432. When an employee separates from the bargaining unit, such deduction shall cease.

Section 4.02

The Union agrees it will promptly furnish a written schedule of the Union dues, assessments, initiation and proportionate share payments. The Union also agrees to promptly notify the

Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made. The

Company will not make any retroactive deductions and is not liable for any deductions if the Union has failed to give prompt prior notice and/or failed to have any authorization cards submitted prior to the fifteenth (15th) of the preceding month.

Section 4.03

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

Section 4.04

The Union agrees to indemnify the Company against any loss or claim, which may arise as a result of The Company’s compliance with the Union membership or check off articles. In addition, the

Union agrees to return to the Company any erroneous or improper overpayment made to it.

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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 or official of the Union.

Section 5.02

The Steward is employed to perform work on the detail to which he 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 detail, the Steward will be compensated for time spent while representing employees by the Company and the Steward shall promptly notify his supervisor when returning to his assigned duties. For the purposes of this article, Management is defined as Sergeant or above.

Section 5.03

Upon request, the Company agrees to furnish to the Union for review; statements, written material, or allegations upon the discipline and/or investigation of an employee.

Section 5.04

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 5.05

The Union will furnish to the Company an updated list of all Union Officials, stewards and representatives as changes occur.

Section 5.06

The Company will make reasonable efforts to allow up to three (3) representatives per unit/hub/sector to attend conferences and/or other Union related business upon request from the

Union with reasonable notice. Up to three (3) employees will be allowed, based on operational need, to attend labor negotiations per unit/hub/sector. Employees will not be compensated by the

Company for this time. The employer maintains sole discretion in granting such requests.

Section 5.07

A bulletin board found to be acceptable by the Company shall be purchased, used, maintained, and controlled by the Union.

Section 5.08

It is understood and agreed that no material shall be posted which is obscene, defamatory, or which would impair Company operations or to coincide with ICE Polices and Regulations. All postings are subject to management’s review.

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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, 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, 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. Company policies and procedures in affect at time of negotiations shall be the adopted policies, management reserves the right to modify, amend or delete policies from time to time provided written notice to the Union.

Section 6.02

The above paragraphs are recognized as the rights and functions of Management by the Union, but the Company agrees 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.

Section 6.03

Detention/Transportation Officers may be part of a bargaining unit represented by the Union. In cases where the provisions of the Company handbook conflict with the provisions of the CBA, the terms of the CBA shall prevail. In the case where a written directive from DHS/ICE conflicts with the CBA, the written directive shall prevail; however, the parties agree to meet and discuss the impact on the unit.

Section 6.04

The Company agrees to provide the Union with a copy of any new policies in writing when new changes arise. The Union maintains the right to grieve such policy changes if said policies alter the collective bargaining agreement. On written notice of any policy the Union will have (30) calendar days to grieve changes; failure by the Union to grieve said changes shall mean the Union accepts the changes. Any new changes to operations and/or Company policies will be posted for employees to read throughout the workday.

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ARTICLE 7

NO STRIKE OR LOCKOUT

Section 7.01

During the term of this Agreement, the Union agrees 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 Company, 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, it will take immediate steps to end any work stoppages, strikes, intentional slowdown, or suspension of work, and shall notify its members of any such violation to this Agreement and shall instruct its membership to return to work immediately. The Union agrees it will not assist employees participating in such work stoppages, strikes, or 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 predecessor contractors for providing detention transport services for ICE at these sites. Seniority on such predecessor contracts shall be used in determining the applicable wages, fringe benefits, and leave schedules. Any incumbent employees who transferred into the bargaining unit with less than a twelve (12) month break in service, as listed in Appendix B, shall maintain their seniority with the Company in regards to vacation allotment.

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 and 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 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. This period can be extended, on a case by case basis, provided the Company submits such notifications in writing to the Union. There shall be no responsibility on the part of the Company to retain such employee on the payroll and

Page 9 / 32 the layoff or discharge of such employee shall not constitute the basis for a grievance against the

Company.

Section 8.03

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.

Section 8.04

Seniority for employees who are hired on the same date will be determined by the date hired and then the time wherein the employee first stood detail. The tie breaker would revert to the EOD

Clearance date and then the last four (4) digits of the employee’s social security number from lowest to highest with lowest being more senior.

Section 8.05

A Seniority List will be furnished upon request by the Union.

Section 8.06

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

a) An Employee quits, and is not rehired within fourteen (14) days of such date.

b) An Employee is discharged for just and proper cause, unless an arbitrator’s decision determines contrary.

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

d) An Employee is laid off for a period of two (2) years.

e) An Employee fails to report to work with in seven (7) workdays 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) An Employee who fails to report to work for two (2) consecutively scheduled days without notifying the Company shall be considered as a voluntary resignation (except in case of circumstances beyond their control with valid documentation).

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

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

k) An employee goes on part-time status for more than 90 days, at which time they will be transferred to part-time seniority list.

Section 8.07

In the event it is determined 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 8.08

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

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Section 8.09

Seniority shall accumulate during the period of any approved FMLA leave of absence, subject to the provisions of this Agreement and any other federal laws. Seniority shall not apply to any other leaves of absence listed herein for the accumulation of benefits.

Section 8.10

The Company agrees to return employees to work that were off on workers’ compensation provided all the following exist: present a release from the workers’ compensation doctor; passing a fitness for duty medical exam; and the employee meets all contractual requirements by ICE.

Employees who exceed their FMLA while on workers’ compensation will be subject to termination. Employees who are not eligible for FMLA, that go on workers’ compensation, will be granted a 12 week period in which they can return to work without being terminated. All other aspects of FMLA will remain as outlined in the Statute.

Section 8.11

It is understood that employees with more seniority 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 be maintained by the Company. When the Company determines an opening exists, the Company will fill the opening with the most senior qualified employee that has requested the slot.

Section 8.12

Employees who are hired initially by the Company will utilize that date as their contract seniority hire date. Employees with previous onsite working experience with another Company without a break in service for the ICE detention transport contract will maintain contract seniority for the purposes of benefits only per the Service Contract Act guidelines. Contract Seniority on the ICE detention transport contract supersedes Company Seniority, with the exception of the grandfathered employees listed in Appendix B

ARTICLE 9

LAY-OFF AND RECALL

Section 9.01

In the event of a lay-off, probationary employees shall be laid off first. Part-time employees shall be next, followed by full time employees; all lay-offs shall be in inverse order of seniority.

Section 9.02

When a vacancy arises, the Company shall recall employees in accordance with seniority in inverse order of being laid off, as specified in section 9.01. Upon request from the Union, the Company shall provide the Union with a recall list.

Section 9.03

Full-time and Part-time employees shall continue to retain recalls rights for a two (2) year period.

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ARTICLE 10

GRIEVANCE PROCEDURE

Section 10.01

For the purpose of this Agreement, the word “grievance” means any dispute between the Company and the Union, or between the Company 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 10.02

In order to be processed, all grievances must be presented at the first step within ten (10) business days after the date of the occurrence giving rise to the grievance or within ten (10) business days after the employee or the Union knew or should have known of the occurrence. In the case of suspension or discharge, the grievance shall be commenced at Step 3 of this procedure and the written grievance shall be presented to the Program Manager or designee within ten (10) business days after the date of the occurrence, giving rise to the grievance. Grievances that involve violation of statutory issues will be reviewed by the Union’s business agent or designee.

Section 10.03

Step 1

The employee shall meet with his/her Supervisor or designee to discuss the grievance. The discussion of the grievance shall set forth the facts and specify the Article and section/paragraph allegedly violated. If the grievance is not resolved within five (5) business days of the meeting, the grievance may be processed to Step 2. Step 1 grievances must be filed with a supervisor.

Step 2

If the grievance is not resolved in Step 1, the grievance shall not later than ten (10) business days after the occurrence given rise to the grievance, be reduced to writing on the appropriate

Union grievance form, setting forth the facts, and specifying the Article and section/paragraph allegedly violated. The Steward shall then submit the grievance to his/her Operations Manager or designee. A meeting shall be arranged within five (5) business days of the Operation

Manager’s receipt of the written grievance. The meeting shall be attended by the grievant, the

Union Steward and the Operations Manager or designee. The Operations Manager shall give a written response to the grievance within five (5) Business days after the Step 2 meeting.

Step 3

If the grievance is not resolved in Step 2, the grievance shall, not later than five (5) business days after the denial by the Operations Manager or designee, shall be submitted by the Union representative or designee to the Regional HR Director or designee. A meeting shall be arranged within five (5) Business days of the Program Manager or Regional HR Director or designee’s receipt of the grievance. The meeting shall be attended by the grievant, Steward, Union representatives, the Program Manager or designee, and other Company representatives as may be needed. The Program Manager or designee shall give the Union representative a written response within five (5) business days following the date of the meeting.

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Section 10.04

If the grievance is not resolved in Step 3, it will be reviewed by the FCGOA President or designee and the Company Senior Human Resources Manager or designee within fifteen (15) business days of the denial of the Program Manager or designee. A meeting or telephonic review between the above referenced parties may be held by mutual agreement.

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

Company to act within the time limit set forth in any step shall render the grievance granted to the

Union as described in the grievance. Time specifications may be extended, in writing, by mutual agreement between the Company and the Union.

Section 10.06

Stewards and/or Union officials will be permitted to participate in the grievance procedure as specified above during the employee’s scheduled workday, if requested by the employee.

ARTICLE 11

ARBITRATION PROCEDURE

Section 11.01

Grievances remaining unsettled, after being processed in accordance with the requirements of

Article 10, may move to Arbitration in accordance with the following procedures and limitations.

Section 11.02

The Union, within fifteen (15) business days after rejection of the grievance by the Company’s

Corporate Human Resources Director or designee, shall in writing, notify the Company’s

Corporate Human Resources Director or designee of its intent to invoke Arbitration. The Company and Union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case.

Should the parties fail to agree upon the selection of an arbitrator, the Union will, within five (5) business days, request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators to hear the case; a copy of this request will be sent to the Company. An arbitrator will be selected from the list supplied by FMCS by the parties alternately striking names until one name remains as the arbitrator to hear the case, or by mutually agreeing to an arbitrator on the FMCS-provided list.

Section 11.03

The decision of the arbitrator shall be submitted in writing, and shall be final and binding on all parties. Unless written authority is given, the decision shall be made within 30 days following the close of the hearing. Each party shall bear the expense of preparing and presenting its own case;

the cost and expenses of the arbitrator shall be borne equally by the parties.

Section 11.04

The arbitrator’s authority shall be limited to finding a direct violation of the express purpose of the

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Contract provision or provisions in question rather than an implied or indirect purpose. The arbitrator cannot modify, amend, detract from or alter the provisions of this Contract, nor substitute his/her judgment for that of management.

Section 11.05

Any grievance 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. Any time limit specification may be extended in writing by mutual agreement between the Company and the Union.

ARTICLE 12

DRUG AND ALCOHOL POLICY

Section 12.01

The Company will, from time to time, require any bargaining unit employee to take a substance abuse test under the following conditions: a) a random test; b) upon reasonable suspicion by the

Client or the Company; c) when an employee discharges his/her weapon (except at the gun range);

d) following an accident or any workplace injury; e) as part of the Client required physical examination; or f) as allowed under any applicable federal, state or local law for the use of illegal drugs. Testing will be in accordance with the procedures described in the Mandatory Guidelines for Federal Workplace Drug Testing programs, initially published by the Department of Health and Human Services and/or Department of Transportation, as amended from time to time, and in accordance with applicable state laws. Testing will be conducted by the Company under a program with procedures of uniform applicability to all the bargaining unit employees. There shall be no discrimination against bargaining unit employees.

Section 12.02

The Union and the Company agree there shall be a zero-tolerance policy for illegal drug use. If the initial results of a substance abuse test are positive for illegal drugs, a split sample shall be tested;

the Company will place the employee on administrative leave pending investigation and/or appeal from DOT mandates.

Section 12.03

The Union and the Company agree to abide by the Company’s substance abuse policy as it is outlined in the Employee Handbook as issued to staff.

Section 12.04

If a bargaining unit employee is required to take a random drug test, the employee will be paid four (4) hours of pay at his/her regular straight-time hourly rate if the employee is not otherwise on duty.

ARTICLE 13

CLIENT REQUIREMENTS

Section 13.01

The parties recognize that the Company is providing a service to the United States Government

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(the “Client”); therefore, the administration of the terms of this Agreement are subject to the wishes of the Client. The client may supersede any understanding regarding detail assignments, hours, shifts, credentials, qualifications, or any other Client directive not mentioned herein.

Section 13.02

Notwithstanding any provision of this Agreement, to the extent the Client requires compliance with specific procedures, (e.g., security clearances, medical, examinations, weapon proficiency testing, uniforms/appearance standards, staffing determinations, assignments, work rules, and substance abuse testing), or with requirements of the Service Contract Act, the Company will be permitted to adhere to those requirements without recourse against the Company from the Union or any employee; however, it is agreed the Company and the Union will meet and bargain over the impacts and effects of any such change.

Section 13.03

The Company agrees to provide the Union with a copy of any such Client directive upon request

(if available) or following being requested by the Company.

ARTICLE 14

EXAMINATIONS

Anytime the Company directs an employee to accomplish testing or examination on the employee’s personal time the employee will be paid a minimum of four (4) hours.

ARTICLE 15

GENERAL

Section 15.01

If any provision or any application of this Agreement is determined to be contrary to law, then such provision or application shall not be deemed valid. All other provisions or applications shall continue in full force and effect.

Section 15.02

As a condition of employment or continued employment, employees are required to possess certain security clearances, suitability, licenses and/or certifications, (including weapons’ certifications).

The Company will pay a minimum of four (4) hours or actual time spent whichever is greater for refresher training necessary for the employee to complete weapons recertification. The Company is responsible for the costs associated with weapons qualifications.

Section 15.03

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

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Section 15.04

The Company and the Union shall keep each other advised, in writing, of the names of the authorized representatives.

Section 15.05

Should the President of the United States or Department of Labor enact a new labor standard for federally contracted employees, the Company agrees to grant said benefit to bargaining unit members at the beginning of the next option period.

Section 15.06

Each employee is at all times responsible for having a correct address and telephone number on file with the Company. All written notices by the Company shall be deemed to be properly filed if sent to the employee’s last address on file.

Section 15.07

The Company agrees to provide the Union with a list of new hires and terminations, to include the employee’s name, address and phone number.

Section 15.08

An employee who serves on jury duty shall be paid at his/her base hourly rate for regular scheduled workdays lost. Hours worked under this provision will not be considered time worked for the purpose of computing overtime.

Section 15.09

The Employer agrees to provide a minimum of 100 rounds (50 rounds for the first shoot, and 50 rounds for the second shoot, if a second shoot is necessary) to each employee for the weapons qualifications. Officers who pass qualifications on first 50 rounds may choose to use the remaining

50 rounds for additional practice, subject to the rangemaster’s approval and availability.

ARTICLE 16

DISCIPLINE

Section 16.1

No employee outside of probation status will be disciplined, including suspension and termination without just cause.

Section 16.2

The company recognizes the principle of progressive discipline which includes oral counseling, written corrective action notices, suspension and termination. The parties recognize that certain employee misconduct may lead to discipline without either a verbal counseling or written warning i.e. Suspension or termination. Disciplinary action will take place within nine (9) workdays of the event or when the company had knowledge of the event. The company will notify the union if extenuating circumstances require more time before disciplinary action is taken.

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Section 16.3

The parties agree that should a difference of opinion arise as to the existence of just cause, it will be settled using the grievance and arbitration provisions of this agreement.

Section 16.4

The company and the union will conduct their own investigation into the facts giving rise to any disciplinary action.

ARTICLE 17

HOURS OF WORK / OVERTIME / TRAINING AND MILEAGE

Section 17.01

Overtime pay is to be paid at the rate of one and one-half (1½) times the base hourly rate for work performed in excess of forty (40) hours in a work week; for all hours worked in excess of fifteen

(15) hours in one (1) workday, overtime will be paid at the rate of two (2) times the base rate.

Hours paid for but not worked (e.g., holidays, sick days, vacation) do not count as hours worked for overtime purposes. A workday shall be defined as when the employee begins their shift and ends 24 hours later. The workweek shall begin at 0001 on Friday; should the Company elect to change the payroll date, they will meet and bargain with the Union. Only hours actually worked shall be recognized in determining overtime eligibility. The Company shall have the right to hold over employees until relieved and/or to require an available employee to provide coverage of a detail assignment. It is agreed that at no time shall employees be given time off or sent home early in order to offset the payment of overtime; however, they may volunteer to leave early without payment.

Section 17.02

A. When a Detention/Transportation Officer (DTO), in the course of their duties reasonably expects their duty day will exceed 15 hours driving, the DTO is to notify his/her supervisor a mandatory Federal Motor Carrier Safety Administration (FMCSA)/Department of

Transportation (DOT) rest period will be required.

B. This notification should be conveyed to the supervisor in advance of the 15 hour limit being reached to ensure proper authorization for a rest period is achieved without impact to the

DTO’s assigned mission. The supervisor will authorize and coordinate a Rest over Night

(RON) stay at a nearby lodging facility. Employees who are instructed to “park” will be paid for all hours worked and/or up to the fifteen (15) hour mark whichever is greater.

For DTO’s meeting the above requirements, the Company will:

1. Pay for, in advance or through reimbursement, authorized lodging expenses incurred during a RON. If a reimbursement, receipts(s) are mandatory.

2. Pay a flat rate per diem for each RON stay to cover all associated costs incurred in addition to lodging. Per Diem will be paid following the Company’s receipt of a signed and submitted reimbursement voucher, payment and or reimbursement will be made in the pay cycle following receipt.

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• Per Diem calculations will be 75% of the current Meal and Incidental Expenses

(MI&E) rates as averaged among the worksite destinations as determined by the

Company.

• Per Diem rates will be adjusted as the GSA published rates are changed.

Section 17.03

An employee called into work on a day off shall be guaranteed a minimum of four (4) hours of work or pay in lieu thereof.

In the event a transportation run is canceled because of an order by the Client after an employee has reported for work, the employee shall receive a minimum of four (4) hours for such day.

Employees may volunteer to go home, however no employee will be sent home to off-set overtime.

Section 17.04

Scheduled overtime (i.e., work over 40 hours per work week) will be offered to employees in accordance with seniority in the event such overtime is required for reasons including but not limited to: an employee failed to report for work, an employee called in sick, or for other unanticipated reasons or special circumstances.

Section 17.05

The Company will in good faith attempt to distribute overtime work as equitably as practical among the employees the Company reasonably deems qualified to perform the work, giving due regard to seniority where all other factors are equal. Upon request, overtime lists will be made available to the Union.

Section 17.06

No overtime will be worked except by prior direction of the proper Company supervisory personnel, except in case of emergency and when prior authority cannot be obtained.

Section 17.07

Nothing herein shall be construed to require or permit the pyramiding of overtime or overtime pay.

Section 17.08

The Company shall post work schedules at least two (2) weeks in advance provided that the schedule may change from time to time. Each employee is responsible to check the schedule each work day to see if any changes to the schedule affect them. If a change to the schedule requires an employee to work prior to his or her next originally scheduled work day, the Company will make reasonable efforts to so notify the affected employee in advance.

Notification as required by this section shall be considered achieved when an actual notice is provided directly to the employee via the email address the Company has on record, such notice shall be given at least eight (8) hour in advance, absent extenuating circumstances.

Section 17.09

Guard mount/muster time will be paid at fifteen (15) minutes per day per detail. Guard mount time

Page 18 / 32 will be considered in computation of overtime. Payment is based upon being on time for muster.

Failure to arrive on time for muster counts as a late or tardy and may result in loss of compensation and/or discipline.

Section 17.10

Call back. Any employee requested to return to duty on the same day will receive a minimum of four (4) hours pay. Call back on the same day will count towards the negotiated double time starting on the fifteenth (15th) hour of work.

Section 17.11

Exchange of days off or shift assignments: Employees may be permitted to exchange hours of work with other employees in the same classification or level, performing the same type of duties in the same work area, subject to supervisor’s approval. Any approved swap will not result in overtime.

ARTICLE 18

SCHEDULE BIDDING

Section 18.01

Schedules shall be bid on an annual basis at a minimum; however, due to changing ICE requirements, the schedule bid process may occur semi-annually. The Company shall produce a seniority list having both Contract Seniority and Unit Seniority dates depicted for the Union’s review and verification at least ten (10) days prior to the bid. For the purpose of Schedule Bidding, seniority shall be determined by Unit Seniority. A supplemental listing of Unit Seniority dates in chronological order shall be produced and used for the bidding process.

When schedule bidding is necessary due to detail hour changes or, the Company shall at least semi-annually, produce a seniority list for the Union’s review and approval at least ten (10) days prior to the bidding. The Union will sign off on the list making it a valid listing. The Company will attempt to start the bidding process (30) thirty days upon completion prior to the bid, taking effect.

The Company will attempt to hold the bi-annual bidding on 1 June and 1 December each year.

Section 18.02

Each officer will receive a copy of the schedule and a bid “call-in” time. It is the officer’s responsibility to call into the office at his or her designated date and time. Each officer will be afforded 15 minutes to bid on his or her selected day and time (for example: John Doe on 12 Dec

13 at 08:00-08:15). If an officer misses the call-in time, it will not be the responsibility of the

Company to make contact with that officer. The officer who missed his/her call time will be allowed to bid when they call in; however, all officers who have already bid will not be bumped due to that officer's tardiness in bidding. If an officer is scheduled for a bid time and is on a run, the bidding process will not continue until that officer is able to place their bid.

Section 18.03

The Captain, Lieutenant, or Sergeant will accept the bids Monday through Friday during normal working hours, and will provide a certified copy to the unions designated representative for review.

Officers may also bid “in person” at a designated location. A Union representative may be present

Page 19 / 32 for the entire bid call-in process; if unavailable, they may appoint another member of the Union to observe the bids. If the Union attends the bid call-in, the observer will not be compensated by the

Company. The company will keep posted an updated bid schedule so employees will be able to make accurate selections.

Section 18.04

Once an officer has placed a bid, it will be considered final upon the next senior officer’s bid; no changes will be considered or accepted until the bidding is complete. When bidding is final, an officer's bid cannot be changed except for what has been agreed upon in this Article.

Section 18.05

Once the bidding is complete and the schedule commenced, should two officers desire to swap slots, they may do so if approved through joint agreement between Company and Union officials.

Such swaps must be on a permanent basis for the bidding period and will not trigger bumping rights for either employee or others.

Section 18.06

An officer may stay on a shift indefinitely, as seniority dictates.

Section 18.07

When a shift becomes available due to an officer leaving the Company, that bid schedule will be detailed within 10 days for rebid for one (1) week or five (5) working days. After that week the most senior qualified officer who re-bid for that slot will be awarded the slot. If an officer leaves and there is less than 3 months remaining to the next bid, the bid schedule may be covered through the use of “plug in-s” until the next bidding process begins (plug ins are defined as inserting an officer with hours available into the bid schedule). In absence of new officers who are without a bid schedule, Plug-in’s shall be based on seniority if clearance and qualifications are equal. The maximum slots to be bid based off of vacancies created after the semi-annual shift bid shall be limited to 3 bids per vacant slot.

Section 18.08

Management may temporarily fill a vacant bid schedule with plug-ins or part time officers, for temporary absences due to FMLA, vacation, or injury, only until the next regularly schedule bid, no longer than 90 calendar days.

Section 18.09

Schedules will be determined at the sole discretion of management; however, in consultation with the Union, management will endeavor to provide maximum hours to employees based on productive detail hours and training requirements. Full-time schedules will have at least (32) hours per pay period. The Company may formulate schedules with “plug-in” time available; however, once established, the schedule will be observed for the entire bid period unless ICE changes the number of slots or mission requirements, or the Union agrees to a modification during the cycle.

Section 18.10

Detention/Transportation Officer Schedules may fluctuate two (2) hours from the scheduled start, and two (2) after normal detail times, to meet ICE mission demands. Officers may be called in

Page 20 / 32 early or held over; to meet the Company business needs. The Company will try to keep Officers bid schedules in mind. The Company may compose a schedule with shifts as necessary to address mission requirements. The Company will formulate schedules that allow for Officers to have two

(2) consecutive days off (48 hours). Officers will be allowed to volunteer for overtime on scheduled days off. If the Company must mandate officers to work on their days off, they will do so in reverse seniority order. Officers with the most seniority will be offered the overtime; officers with the least seniority will be mandated.

ARTICLE 19

WAGES

Section 19.1

Appendices A and B, made a part herein, contain wages specific to the work site(s) listed on the individual appendix; employees shall not receive less than the rate set forth in the appendix applicable to the site they are assigned to.

A. Base rate = See applicable appendix

B. Training rate = Base rate

C. Holiday Worked rate = Base rate + 8 hours

D. Super Holiday Worked rate = 1½ times the Base rate + 8 hours

E. Holiday Overtime Worked rate = 1½ times the Holiday Worked rate

F. Holiday Not Worked rate = Base rate

G. Overtime = 1½ times the Base rate

H. Over 15 Hours Worked rate = 2 times the Base rate

I. Vacation rate = Base rate

J. Sick Leave rate = Base rate

K. Bereavement Leave = Base rate

L. Jury Duty Pay = Base rate

M. Legal Proceedings = Base rate or Overtime rate if applicable

Section 19.2

If the Company elects to pay by Direct Deposit, all employees are required to participate and provide appropriate information for their banking institution. The Company shall make best efforts to correct pay errors on the next regular pay check following the submission of document for a payroll discrepancy.

ARTICLE 20

HEALTH AND WELFARE

Section 20.01

A. Current benefits offered through the Boon Group will continue through July 31, 2022.

Effective July 1 2022, the Employer agrees to pay employees covered by this Agreement the

Page 21 / 32

H&W rate per hour indicated on appendix A of this agreement. Effective August 1, 2022, each employee may elect the benefit coverage level from the plan options made available through the company-sponsored benefit plans, which shall first be paid for through the HW allotment, then a paycheck deduction if the HW fund is insufficient to coverage the complete medical cost.

B. The Employer will make health and welfare payments to employees on all hours paid up to forty (40) hours per week to a maximum of 2,080 hours per contract year in accordance with regulations, Part 4: Labor Standards for Federal Service Contracts. These hours paid will include; training, guard-mount (muster), vacation, holiday, and sick leave (when taken as time-off up to 40 hours per week).

Section 20.02

Effective July 1, 2022, an employee will receive the HW allotment in cash, subject to deductions and taxes, per the chart in Appendix A

Section 20.03

The Plan will comply will all applicable laws. All participants are encouraged to actively monitor and revise their benefit selections as they individually deem appropriate and will be afforded the opportunity to do so.

ARTICLE 21

401K PARTICIPATION

After completion of 90 days with the Company, the employee shall have the ability to participate in the company-sponsored 401K plan. Company contributions shall be made in accordance with

Appendix A.

ARTICLE 22

VACATIONS

Section 22.01

Employee benefits by are based upon the length of service on the contract seniority date

(anniversary date).

Section 22.02

Vacation allotment are as follows, and made available on the first day of the employee’s anniversary date:

Date of hire to 2nd anniversary 80 hours

After 2nd anniversary 120 hours

After 9th anniversary 160 hours

Page 22 / 32

After 14th anniversary 200 hours

After 19th anniversary 240 hours

Vacation benefits are paid at the employee’s base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

Section 22.03

Vacation requests shall be submitted at a minimum of thirty (30) days and a maximum of sixty

(60) days from the requested vacation time, and shall be approved on a first come, first served basis. However, if two or more employees request the same vacation time, seniority shall prevail.

Vacation requests shall be approved or denied by the supervisor no later than seven (7) days from the end of the thirty (30) day minimum requirement. The Company shall approve a maximum amount of requests based upon operational needs. The Company shall not unreasonably withhold time off. There shall be no calendar black-out periods.

All approved vacations are subject to cancellation due to facility emergencies. Employees that provide proof of travel and lodging arrangements will be allowed to take the requested time off.

Section 22.04

The intent of this provision is to encourage each employee to use the vacation for time-off to benefit their morale and well-being, however when an employee reaches…