2nd Circuit Eastern NY Nassau and Suffolk (ACSONY) CBA (2022-25).pdf

CBA Between Centerra and ACSONY (October 1, 2022 through September 30, 2025)

Collective Bargaining Agreement

Between

Centerra, Group, LLC

And

Association of Court Security Officers of New York (ACSONY)

For the

United States Marshals Service, 2nd Circuit

District of Eastern New York

(Nassau & Suffolk Counties)

October 1, 2022, through September 30, 2025

TABLE OF CONTENTS

ARTICLE 1: GENERAL PROVISIONS

Section 1.1. Parties

Section 1.2. Bargaining Unit

Section 1.3. Definitions

Section 1.4. Negotiating Committee

Section 1.5. Union Security

Section 1.6. Steward System

Section 1.7. Dues Check-off

ARTICLE 2: SENIORITY

Section 2.1. Seniority Defined

Section 2.2. Seniority Lists

Section 2.3. Personal Data

Section 2.4. Transfer Out of Unit

Section 2.5. Probationary Employees

Section 2.6. Termination of Seniority

ARTICLE 3: JOB OPPORTUNITIES

Section 3.1. Filling Vacancies

Section 3.2. Shift Bidding

Section 3.3. Full-time & Shared-Time Employees

Section 3.4. Layoff & Recall

Section 3.5. Temporary Assignments

Section 3.6. Appointment & Removal of Lead CSO’s

ARTICLE 4: GOVERNMENT SUPREMACY

ARTICLE 5: GOVERNMENT REQUIRED CREDENTIALS

ARTICLE 6: NON-DISCRIMINATION

ARTICLE 7: MANAGEMENT RIGHTS

Section 7.1. Enumerated Rights

Section 7.2. Retained Rights

Section 7.3. Effect of National Labor Relations Act

ARTICLE 8: DISCIPLINE

Section 8.1. Just Cause

Section 8.2. Serious Offenses

Section 8.3. Progressive Discipline

ARTICLE 9: GRIEVANCE PROCEDURE

Section 9.1. Intent

Section 9.2. General Provisions

Section 9.3. Timeliness

Section 9.4. Grievance Procedure

Section 9.5. Grievance for Discipline

Section 9.6. Class Action

Section 9.7. Individual Grievances

ARTICLE 10: ARBITRATION PROCEDURE

Section 10.1. Selection of an Arbitrator

Section 10.2. Decision of the Arbitrator

Section 10.3. Arbitration Expense

Section 10.4. Parties Expenses

Section 10.5. Resolution of Grievances

Section 10.6. Deferred Cases

ARTICLE 11: WAGES & FRINGE BENEFITS

Section 11.1. Wages

Section 11.2. Pay Date & Direct Deposit

Section 11.3. Shift Differential

Section 11.4. Call-in Pay

Section 11.5. Certified Trainer/Instructor Pay

Section 11.6. Paid Sick/Personal Leave

Section 11.7. Bereavement Leave

Section 11.8. Jury Duty

Section 11.9. Uniform Maintenance Allowance

ARTICLE 12: HEALTH & WELFARE

Section 12.1. Health & Welfare Payments

Section 12.2 Health & Welfare Benefit Program (“HWBP”)

Section 12.3. Third-Party Administrator (“TPA”)

Section 12.4. Miscellaneous

ARTICLE 13: VACATIONS

Section 13.1. Eligible Full-time Employees

Section 13.2. Eligible Shared-time Employees

Section 13.3. Scheduling Vacations

Section 13.4. Unused Vacation

Section 13.5. Pay in Lieu of Vacation

Section 13.6. Terminating Employees

Section 13.7. Laid off Employees

Section 13.8. Vacation Increments

Section 13.9. Miscellaneous

ARTICLE 14: HOLIDAYS

Section 14.1. Designated Holidays

Section 14.2. Miscellaneous Holiday Provisions

(a) Full-time Employee

(b) Shared-time Employee

Section 14.3. Miscellaneous

ARTICLE 15: HOURS OF WORK & OVERTIME

Section 15.1. Workday & Workweek

Section 15.2. Overtime

Section 15.3. Overtime Requirement

Section 15.4. Overtime Distribution

Section 15.5. Timekeeping Policy

Section 15.6. Rest Periods & Meal Periods

ARTICLE 16: WORK SHIFTS & PAYMENT POLICIES

Section 16.1. Undisputed Error

Section 16.2. Lead CSO Rates

Section 16.3. Courthouse Closure

ARTICLE 17: UNPAID LEAVES OF ABSENCE

Section 17.1. Unpaid Leave of Absence

Section 17.2. Family Medical Leave

Section 17.3. Military Leave

Section 17.4. Union Leave

Section 17.5. Processing Unpaid Leaves of Absence

ARTICLE 18: MISCELLANEOUS PROVISIONS

Section 18.1. Bulletin Boards

Section 18.2. Physical Examinations

Section 18.3. Travel Expenses

Section 18.4. Break Rooms

Section 18.5. Lockers

Section 18.6. Union Business Prohibited On-Duty

Section 18.7. Safety Policy

Section 18.8. OSHA Standards

ARTICLE 19: CONTINUITY OF OPERATIONS

Section 19.1. No Strikes

Section 19.2. No Lockouts

ARTICLE 20: SEPARABILITY OF CONTRACT

ARTICLE 21: ENTIRE AGREEMENT

ARTICLE 22: TERMINATION OF AGREEMENT

ARTICLE 23: DURATION OF AGREEMENT

SIGNATURE PAGE

ARTICLE 1: GENERAL PROVISIONS

Section 1.1. Parties

This Agreement is made and entered into by and between Centerra Group, LLC, hereinafter referred to as the “Employer,” and the Association of Court Security Officers of New York

(ACSONY), hereinafter referred to as the “Union.” This Agreement shall be binding upon the parties, their successors, and assigns. In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this Agreement.

Section 1.2. Bargaining Unit

The bargaining unit is defined as all full-time (“FT”) and shared-time (“ST”) Federal Court

Security Officers (“CSO”), Lead Court Security Officers (“LCSO”), Special Security Officers

(“SSO”), Lead Special Security Officers (“LSSO”), employed by the Employer at the following location(s):

Circuit: 2nd Circuit

District: Eastern District of New York

Jobsite(s): Nassau and Suffolk counties

Excluding all other employees including District Supervisors, office clerical employees and professional employees as defined in the National Labor Relations Act.

Section 1.3. Definitions

Agreement: This Collective Bargaining Agreement (“CBA”).

Agreement Term: CBA effective dates and any extensions thereto.

Business Day(s): Monday through Friday excluding holidays, government mandated changes and closures.

Contract: Contract between Centerra Group and the United States Marshals Service to provide

Court Security Officer services in the 2nd Circuit.

Contract Manager: Senior Employer representative responsible for the management of the

Employer’s contract with its client.

Date of Hire: The date recognized by the Company as the employee’s contract seniority or anniversary date.

Disciplinary Action: Any suspension, termination, written reprimand, written and/or verbal counseling.

Employee: An employee of Centerra covered by this Agreement.

Employer: Centerra Group, a Constellis Company

Full-time Employee: An employee who is designated as a full-time employee by the Company and is regularly assigned a 40-hour workweek.

Government Directed Change: Any direction given to the Company by the United States

Marshals Service or other U.S. Government agency which affects the staffing or scheduling of employees on the contract. These changes include post closures, post start-ups or modifications, modified post staffing requirements, government directed employee transfers or removals, final denial of security clearance, or any other changes.

Grievance: An action filed by the Union or an employee concerning the application, interpretation, or alleged violation of a portion of this Collective Bargaining Agreement.

Group/Class Action Grievance: Grievance filed on behalf of two (2) or more employees for the same alleged violation of the Agreement.

Holdover: A situation where an employee is required to work additional hours beyond those hours originally scheduled or agreed to in advance of standing post.

Overtime: Wages paid at the rate of 1½ times the employee’s regular rate for all hours worked in excess of forty (40) hours worked per workweek and/or in compliance with state and local laws.

Probationary Employee: Employees will be considered probationary for a 6-month period after their hire date and for 6 months after a change in classification.

Progressive Discipline: Discipline administered in a consistent manner and enforced as specifically prescribed within each category as cited in the Progressive Disciplinary Policy.

Progressive Discipline does not apply to violations for which termination is indicated for the first offense.

Security and Suitability Clearance: Appropriate personnel security clearance level granted by the U.S. Government to an employee working on the contract.

Shared-time Employee: An employee who occupies a Shared-time position.

Steward/Vice President: An elected or appointed Union official representing Union members.

Straight-Time Hours: Straight-time hours include regular hours worked, vacation actually taken, holidays, personal/sick leave taken, paid jury duty hours, paid bereavement hours, and training.

Straight-time hours do not include hours paid at overtime and double-time rates or hours associated with vacation or personal/sick leave paid in lieu (e.g., “cashed-out”).

Union: The Union and its units as described in Article 1, section 1.2. of this Agreement.

Union Dues: A prescribed amount of money, established by the Union, to be paid by Union members on a monthly basis.

Union Seniority: Length of time of service measured from the date of hire of an employee and established by the Union.

USMS: United States Marshals Service.

Workday: Any day, Sunday through Saturday, including holidays, which an employee may be required to work.

Section 1.4. Negotiating Committee

The Employer agrees to recognize a negotiating committee composed of up to three members and one alternate selected by the Union to represent the employees in collective bargaining negotiations.

Section 1.5. Union Security

(a) An employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent of tendering the membership dues uniformly required as a condition of retaining membership in the

Union.

(b) An employee who is not a member of this Union at the time that this Agreement becomes effective shall, within 10 days after the 30th day following the effective date of this Agreement or date of hire either:

(1) Become a member of the Union and remain a member or

(2) Pay the Union a service fee. The amount of this service fee shall be equal to that paid by regular Union members to include regular and usual initiation fees. The service fee will not include any assessments, special or otherwise. Such payments shall commence on the 30th day after the date of hire.

(3) Employees who are members of and adhere to the established and traditional tenets of a bona-fide religion, body, or sect, which has historically held conscientious objections to joining or financially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the agency fee required above, to a tax-exempt organization (under Section 501(c)(3) of the IRS Code). The Union shall have the right to charge any employee exercising this option, the reasonable cost of using the arbitration procedure of this Agreement on the employee’s individual behalf. Further, any employee who exercises this option, shall twice a year submit to the Union proof that the charitable contributions have been made.

(c) Before any termination of employment pursuant to this Section becomes effective, the employee shall first be given notice in writing by the Union to pay the prescribed initiation fee and/or delinquent dues. If the employee fails to pay the initiation fee and/or delinquent dues, the

Union shall notify the Employer and provide proof of notice. If such fee and/or dues are tendered within 10 days after the employee receives this notification from the Employer, his/her dismissal under here shall not be required. If termination is administered under this provision, the reason will be given in writing. Termination of employment will not occur if there is an ongoing dispute between the affected employee and the Union. The Employer and the Union agree that the termination will not be effective until a viable candidate has been hired, trained, and put into the

Officers position to be terminated.

(d) The obligations set forth in this Article shall only be effective to the extent permitted by controlling law, including, but not limited to, any Executive Orders permitting or restricting Union security rights. If there is a legal challenge to any provision of this Article, the Employer may suspend its obligations under this Article for the duration of the dispute after conferring on the matter with the Union.

(e) The Union agrees to save and hold the Employer harmless from any and all claims, actions, suits, damages, or costs, including attorney’s fees incurred by the Employer, which may arise as a result of the Employer’s compliance with the Union Membership and Check-Off requirements under terms of this Article, including, but not limited to, any claims by any employee(s) and compliance with the law. The Employer will be entitled to defend itself utilizing the attorney(s) of its choice. If the Employer finds it necessary to file suit to enforce this indemnification provision against the Union, the Employer will be entitled to collect reasonable attorney’s fees and legal costs incurred in that pursuit from the Union.

Any abuse of this Section may result in mandatory payment of back fees, dues and costs may be levied and/or disciplinary action up to, and including, termination.

Section 1.6. Steward System

The Employer agrees to recognize a steward system.

The Union agrees that the Union representatives will work at their regular jobs at all times except when they are properly relieved to attend to the grievance procedure as outlined in this Agreement.

An employee may request a Union representative prior to any meeting with the Employer by which they reasonably believe may lead to disciplinary action. The on-duty Supervisor, at the request of the employee, will release the Union representative as soon as possible. If no Union representative is available, the employee may ask to reschedule the discussion in which that request shall be granted by the Employer. Under no circumstances will the meeting with the Employer be unreasonably delayed.

Union representatives shall be paid for time spent meeting with the Employer. The Union representative will not be paid for time spent investigating grievances, preparing grievance documents, or for any time spent meeting with management.

“Management” as used in this Agreement, refers to District Supervisors, Contract Managers and

Corporate representatives; Lead and Senior Lead Court Security Officers are not considered management.

Section 1.7. Dues Check-off

The Employer agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the employee on a form provided by the Union. The employee, upon written notice served upon the Employer and the Union, may revoke such authorization as provided in the employee Check-Off Authorization Card. It is understood that such deductions will be made only so long as the Employer may legally do so. The Employer will be advised in writing, by the Union, as to the dollar amount of the Union membership dues.

The Employer will remit all such deductions to the Treasurer no later than 15 business days from the date that the last deduction was made, via regular mail at the following address: Treasurer, 396

Federal Plaza, Central Islip, NY 11722. The Employer shall furnish the Financial

Secretary/Treasurer with a deduction list, setting forth the name and amount of dues.

The Union agrees to hold the Employer harmless from any action or actions growing out of these deductions initiated by an employee against the Employer and assumes full responsibility of the dispositions of the funds so deducted once they are paid over to the Union. Errors made by the

Employer in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Employer’s attention.

ARTICLE 2: SENIORITY

Section 2.1. Seniority Defined

Union seniority shall be the length of continuous employment from the last date of hire within the bargaining unit in the position of a full or shared-time CSO, LCSO, SSO, LSSO including any member assigned to the Courts, and U.S. Attorney’s Offices for the Employer, past or present and/or any predecessor Employer within the Eastern District of New York (Nassau & Suffolk counties). Seniority shall not accrue until the employee has successfully completed their probationary period.

Seniority shall be applicable in determining the filling of vacancies, order of layoff and recall, shift bidding, vacation schedules, holidays, extra work, overtime, and other matters as provided for in this Agreement. For the purposes of shift bidding, vacation schedules, holidays, extra work, and overtime, seniority shall be site specific. For unplanned events, emergencies, or no notice Client personnel requests within the District, the DS can use personnel immediately available to fill the post bypassing seniority.

When providing names to the USMS for USMS training school(s), the Employer will provide names in order of seniority when possible.

Any employee who is granted an approved leave of absence will retain all seniority rights.

Section 2.2. Seniority Lists

The Employer, using service credit information, will provide a seniority list to the Union upon request for each building or site. The Union will break ties in seniority by a fair and non-discriminatory method of its own devising.

Section 2.3. Personal Data

Employees shall notify the Employer in writing, on the Employer provided form, of their proper mailing address, email address and telephone number or of any change of name, address, or telephone number and provide a valid email address. The Employer will send a copy to the Union, and both shall be entitled to rely upon the last known address in the Employer’s official records.

Section 2.4. Transfer Out of Unit

Any bargaining unit employee who is promoted to a non-bargaining unit position for more than

180 days shall lose their Union seniority from the first day in a non-bargaining unit position. If they return to the bargaining unit more than 180 days later, they shall regain their Union seniority date (one-time only), excluding the time in the non-bargaining unit position, upon completion of

365 days back in the bargaining unit.

Section 2.5. Probationary Employees

The Union will represent probationary employees for problems concerning wages, hours, and working conditions, but the Employer reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of probationary employees without recourse to the grievance procedure contained in this Agreement.

Probationary employees do not have seniority until the completion of the probationary period, at which time seniority dates back to their date of hire. The probationary period can be extended by mutual agreement between the Employer and the Union.

Section 2.6. Termination of Seniority

The seniority of an employee shall be terminated for any of the following reasons:

(a) The employee quits or retires.

(b) The employee is discharged.

(c) A settlement with the employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer.

(d) The employee is laid-off for a continuous period of more than 1 year.

(e) The U.S. Government revokes the employee’s credentials as a CSO.

(f) The employee is permanently transferred out of the bargaining unit under and subject to

Section 2.4 above.

(g) The employee accepts a position outside of the bargaining unit and does not return to the bargaining unit for a period of 18 months.

NOTE: Full seniority will be reinstated should an employee who has been removed on a non-voluntary basis be re-credentialed by the USMS.

ARTICLE 3: JOB OPPORTUNITIES

Section 3.1. Filling Vacancies

If a vacancy occurs in a full-time or shared-time position covered by this Agreement or a new position is added and the Employer chooses to fill the position, the job will be posted for a period of five business days at all locations within the worksite. Any employees who have notified the

District Supervisor in writing of their intent to apply for a full-time or shared-time position and who are not scheduled to work during the five-business day posting period and any employees on vacation or on other approved leave will be notified by the Union. The District Supervisor will notify the Union of such openings. The Union will then verify that all CSO’s have been notified.

When a vacancy occurs, the Employer will fill the position with the most senior employee who has applied for the position in writing, who will be trained (if required) to fill any necessary special qualifications for the new position. No more than two positions shall be filled under this procedure as a result of the initial vacancy. This provision does not apply to Lead Court Security Officer vacancies.

Once an employee has submitted a bid for a vacancy that bid may not be withdrawn unless agreed upon by the Employer and the Union.

Section 3.2. Shift Bidding

Upon request of the Union, not more than once a year, full-time employees at each location may bid their shift schedules among designated full-time assignments in order of worksite seniority.

Shift bidding shall not lead to changes in status from full-time to shared-time positions or vice versa.

Section 3.3. Full-time & Shared-Time Employees

The Employer shall provide CSO coverage by using a combination of full-time positions and shared-time positions. Full-time positions are positions where the CSO is scheduled to fill that position for a 40-hour workweek, 52 weeks per year (minus holidays). Share-time positions are also 40-hour workweek positions that are filled by two CSO’s for a combined total of 40 hours per week; however, each shared-time CSO may be scheduled up to 40 hours per week. The Employer is required to use shared-time position CSO’s to:

(a) Provide full staffing level coverage.

(b) Increase security levels as needed.

(c) Avoid overtime.

Share-timed position employees may be required to work any tour of duty required by the

Employer. The Employer has sole discretion in assigning these tours. The Employer will give the shared-time position employee the maximum possible notice for schedule changes. Failure to report to work when so scheduled or called to work may result in disciplinary action as outlined in

Article 8 of this Agreement.

Section 3.4. Layoff & Recall

In the event of layoffs or recall, when full-time or share-time positions are being reduced, probationary employees will be laid off first. Should it be necessary to further reduce the work force, employees will be retained on the basis of seniority. Recall of employees will be accomplished by recalling the last laid off employee first, and so on.

In the event of a layoff, or reduction in hours, the Employer will provide the Union with as much advance notice as possible and will meet with the Union to bargain impact and implementation of the staff reduction plan. In the event of a reduction of hours, time-share employees shall be reduced first, then the full-time if required. All shall be done by seniority order.

Section 3.5. Temporary Assignments

In the interest of maintaining continuous operations, the Employer may temporarily assign an employee to a vacant or new position or assign an employee to a temporary security assignment directed by the USMS, including temporarily assigning an employee to a work site within or outside of the area defined by this Agreement. To the extent feasible, the assignment shall be a voluntary selection based on seniority and qualification and shall not exceed 90 days per employee, this may be extended with an agreement between the Employer and the Union. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis.

Employees involuntarily assigned will receive the higher of the base hourly wage available to employees regularly assigned to the site to which the employee is being transferred (providing that the Employer is the contractor on the site to which the employee is being transferred), or their regular hourly wage they receive at their regular site under this Agreement.

Section 3.6. Appointment & Removal of Lead CSO’s

The U.S. Government, in its contract with the Employer, creates specific guidelines for the job duties of Lead CSOs. Based on these guidelines, all appointments will be made on the basis of suitability as evaluated by the Employer. Suitability shall include an employee’s qualifications, skills, past performance, and the legitimate needs of the operation. The Employer shall fairly evaluate and select the most qualified candidates. In the event that two or more candidates are equally qualified, the Employer will select the most senior candidate.

ARTICLE 4: GOVERNMENT SUPREMACY

The Employer and its employees are providing a service to the United States Government, which bears responsibility and authority for providing security to federal judicial facilities. Express written or verbal directives of the U.S. Government shall supersede all provisions of this

Agreement and are not subject to the grievance procedure.

ARTICLE 5: GOVERNMENT REQUIRED CREDENTIALS

Employment as a Court Security Officer or Lead Court Security Officer requires, as a condition of employment, that the employee maintain a current, valid Special Deputation as a Court Security

Officer issued by the United States Marshals Service and a current, valid driver’s license issued by his or her state of residence. Employees who fail to do so will be considered to have resigned voluntarily.

ARTICLE 6: NON-DISCRIMINATION

There shall be no discrimination against any employees within the collective bargaining unit covered by this Agreement (including, for the purpose of this anti-discrimination provision of the

Agreement, probationary employees) by reason of race, color, religion, sex, national origin, disability, age or any other characteristic protected by any Federal, State, City, County, municipal or other local statute, law, regulation, rule or ordinance, including, but not limited to, claims made pursuant to Title VII of the Civil Rights Act, Sections 1981 through 1988 of Title 42 of the United

States Code; the Americans with Disabilities Act, the Age Discrimination in Employment Act of

1967 ( herein collectively referred to as statutory claims). There shall also be no retaliation against those employees covered by this Article for pursuing their rights, statutory and contractual, under this Article.

Any claims made under this Article shall not be subject to the grievance and arbitration procedures set forth in this Agreement.

ARTICLE 7: MANAGEMENT RIGHTS

Section 7.1. Enumerated Rights

The Employer reserves all rights which it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Employer, which it may exercise in its sole discretion, and which might otherwise be a source of potential controversy, these rights being:

(a) Hire.

(b) Assign work and schedule.

(c) Promote and demote.

(d) Discharge, discipline, or suspend.

(e) Determine the size and composition of the workforce, including the number of, if any, employees assigned to any particular shift and the number of full-time and shared-time employees.

(f) Make and enforce work rules not inconsistent with the provisions of this Agreement.

(g) Require employees to observe reasonable Employer rules and regulations.

(h) Determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted.

(i) Determine the qualifications of an employee to perform work.

(j) The right to determine, direct, and change the work operations and work force of the

Employer.

(k) The right to ensure adherence to performance standards, the type of services to be rendered, and the manner in which such services are to be performed.

(l) The right to determine the type and quantity of machines, equipment, and supplies to be used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or handled by the Employer.

(m) The right to sell, lease, shut down, or otherwise dispose of all or part of the Employer’s assets or business operations.

(n) The right to introduce changes in the methods of operations, jobs, or facilities, including the right to automate, totally or partially, any or all of its business operations, even though this operates to eliminate unit jobs.

(o) The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Employer, regardless of whether it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it.

(p) The right to hire, promote, transfer, and lay off employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, promoted, transferred, or laid off.

(q) The right to schedule all work and hours of work, to determine the need for and amount of overtime, and to assign or require employees to work overtime.

Section 7.2. Retained Rights

Any rights, power, or authority the Employer had prior to the signing of this Agreement are retained by the Employer, except those specifically abridged or modified by this Agreement and any supplemental agreements that may hereafter be made. The Employer’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

Section 7.3. Effect of National Labor Relations Act

Management shall not implement any changes to subjects covered in the mandatory bargaining list as provided for in the National Labor Relations Act, Section 8(d).

ARTICLE 8: DISCIPLINE

Section 8.1. Just Cause

No employee, after completion of his or her probationary period, shall be disciplined or terminated without just cause. It is agreed by the parties that in instances when the employee is removed from working under the USMS contract by the USMS, or when the employee’s authority to work as a

Court Security Officer under the USMS contract is otherwise denied or terminated by the USMS, or the employee no longer satisfies the USMS’s qualifications for his or her position, the employee may be terminated without recourse to the procedures under this Agreement or other legal action brought by the employee or the Union.

Section 8.2. Serious Offenses

Employees shall be subject to discipline or discharge for just cause. The Employer’ discipline policy is outlined in the “Constellis Progressive Disciplinary Policy” which is subject to revision from time to time. Should the Employer revise the disciplinary policy, the Union shall be provided a minimum of 14 days’ prior notice of any change.

Additionally, among the actions which may, as deemed appropriate by the Employer, result in and establish cause for discipline (including immediate dismissal) shall include, but shall not be limited to: abuse of authority; neglect of duties; breach of security; breach of the chain of command, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the

USMS and the Court; conduct which impugns or disparages the USMS, the Court, the Employer or any of their agents or employees to the Government or other third parties, except when such conduct is privileged under specific law; inappropriate conduct directed at or involving

Government employees, members of the public or contractor employees at or near the federal facilities, or while in uniform; violation of the CSO Performance Standards or Deadly Force standards; dishonesty; misappropriation of funds or government or Employer resources; theft;

falsification of time; falsification of official documents or records; assault; intoxication or drinking on duty, or illegal use or possession of drugs or narcotics; immoral conduct; fighting; threats;

breach of building rules or regulation; post abandonment or leaving post without proper relief;

sleeping or being inattentive while on duty; destruction of property; failure to properly screen;

criminal misconduct or violations of the Employer’s EEO or harassment policies.

Section 8.3. Progressive Discipline

The Employer recognizes the principals of progressive discipline. Accordingly, the Employer will consider utilizing progressive steps (e.g., reprimands or warnings, followed by suspension, followed by termination), as it deems appropriate considering the circumstances. Therefore, nothing herein shall require the Employer to begin the disciplinary process at any particular level, and that the Employer’s right to determine that immediate termination is appropriate in certain situations is therefore not limited by this provision.

Using a rolling calendar year, all violations are considered active for a twelve (12) month period beginning on the date of infraction.

ARTICLE 9: GRIEVANCE PROCEDURE

Section 9.1. Intent

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of a material provision of this Agreement, except as limited by Articles 4, 5, 6 and

7 of this Agreement.

Either party to this CBA may file a grievance under this Article.

Section 9.2. General Provisions

The number of days outlined in Section 9.3 below for the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance.

When used in this Article, the term “days” shall mean working days, not including Saturdays, Sundays, legal holidays, or days when the local worksite or corporate office of the Employer are closed.

Extensions of time may be granted in writing by mutual consent between the Employer and the

Union.

Section 9.3. Timeliness

The number of days provided for in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified may be extended by written mutual agreement. The term “business days” as used in this

Article shall exclude Saturdays, Sundays, and holidays. Furthermore:

(a) The failure of an employee or the Union to initially file a grievance, or to proceed to the next step of the grievance procedure, within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute an unequivocal waiver of any future appeal concerning the grievance, including arbitration.

(b) The failure of the Employer to answer a grievance within the time limits specified shall permit the grievance to proceed to the next step of the grievance procedure.

Section 9.4. Grievance Procedure

All grievances shall be presented and processed in accordance with the following procedures:

(a) Step 1 – Notice to District Supervisor

Within ten business days after the occurrence of an event upon which a grievance is based. The grieving employee having a grievance and/or Steward will submit the grievance in writing to the

District Supervisor or his designee. The District Supervisor or his designee shall respond in writing to the grievance within ten business days after submission of the grievance. If the grievance is not settled, it may be appealed in writing to Step Two within ten business days after receipt of the

District Supervisor’s response.

(b) Step 2 – Notice to Contract Manager

If the matter is appealed to Step Two, a meeting will be held between the grievant, Steward, and the Contract Manager or his designee within ten business days of receipt of the appeal. It is agreed that this meeting shall be held telephonically. The Contract Manager or his designee shall render a written response within ten business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to Step Three within ten business days after receipt of the Contract

Manager’s or his designee’s response.

(c) Step 3 – Notice to Director of Operations

If the matter is appealed to Step Three, a meeting will be held between the grievant, Steward and

Director of Operations or his designee within ten business days of receipt of the appeal. It is agreed that this meeting shall occur telephonically. The Director of Operations or his designee shall render a written response within ten business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to arbitration.

Section 9.5. Grievance for Discipline

Any grievance involving discharge or other discipline may be commenced at Step 2 of this procedure. The written grievance shall be presented to the Contract Manager through the District

Supervisor or designee within 10 business days after the occurrence of the facts giving rise to the grievance.

Section 9.6. Class Action

The Union shall have the right to file a group grievance (class action) at Step 1 of the grievance procedure.

Section 9.7. Individual Grievances

No individual may move a grievance to arbitration.

ARTICLE 10: ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 9.4 of this Agreement, that remain unsettled, may be processed to arbitration by the Union. The Union will give the

Employer’s Director of Labor Relations written notice of its desire to proceed to arbitration not later than 15 business days after rejection of the grievance at Step 3. Grievances which have been processed in accordance with the requirements of Section 9.4 which remain unsettled shall be processed in accordance with the following procedures and limitations.

Section 10.1. Selection of an Arbitrator

Within 15 business days of providing written notice of its desire to proceed to arbitration, the moving party will request that the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven Arbitrators to both parties and shall be responsible for all associated costs. Each party shall have a one-time right to reject a panel. Should this occur, the rejecting party shall be responsible for obtaining a new panel as prescribed within this paragraph. The requesting party shall be responsible for all associated costs with obtaining the panel.

An Arbitrator will be selected from the list obtained from FMCS by the parties alternately striking from the list until one name remains, and this individual shall be the Arbitrator to hear the grievance. The moving party shall be the first to strike from the list of arbitrators.

Section 10.2. Decision of the Arbitrator

The Arbitrator shall commence the hearing at the earliest possible date in Suffolk County. Hearings shall be scheduled such that they will be completed in one continuous session, unless the hearing exceeds five days, or unless mutually agreed by the parties.

The decision of the Arbitrator will normally be rendered within 30 days of the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties) and shall be final and binding upon the parties to the Agreement. Any award of back pay may not commence more than 10 days prior to the date of the written grievance. The burden of proving back pay is with the grievant and is limited to the number of wages the employee would have otherwise earned, less any unemployment compensation, interim earnings, or other appropriate off-sets. In the case of a discharge, the grievant must demonstrate he or she exercised reasonable diligence to find other employment in order to recover back pay.

It is understood and agreed between the parties that the Arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. The Arbitrator shall not have the power to order any remedial relief not contained in the Agreement, including but not limited to

“front” pay and reinstatement where the employee has been removed by the government or is no longer qualified. The Arbitrator may not alter or change wage rates or benefits. The Arbitrator’s decision must include findings of fact and the legal basis for the decision.

Section 10.3. Arbitration Expense

The Arbitrator’s fees and expenses, including any travel expenses and the cost of any hearing room, shall be borne by the non-prevailing party. In the event that the Arbitrator rules partially in favor of the Union and partially in favor of the Employer, these costs will be shared equally between the Employer and the Union.

Section 10.4. Parties Expenses

Regardless of the arbitrator’s decision, each party will bear its own legal fees and costs. Each party is responsible for all other expenses it incurs, including the compensation costs and travel expenses of any witnesses whose attendance said party requires at arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

Section 10.5. Resolution of Grievances

At any stage, the parties may settle any open grievance. Unless agreed by the parties, any settlement is on a non-admission, non-precedent setting basis.

Section 10.6. Deferred Cases

If the NLRB defers an Unfair Labor Practice (ULP) to the grievance and arbitration procedure, the parties will attempt to resolve the matter within 30 days through the invocation of the procedures of Section 9.4 beginning at Step 3 of the grievance procedure as prescribed in Article 9 of this

Agreement.

ARTICLE 11: WAGES & FRINGE BENEFITS

Section 11.1. Wages

The Employer agrees to pay employees covered by this Agreement the following straight-time rates per hour, beginning with the first pay period after the effective date. Employees will be made whole back to the effective date of any increases:

Classification Current October 1, 2022 October 1, 2023 October 1, 2024

CSO/SSO $41.70 $43.16 $44.56 $46.01

LCSO/LSSO $44.57 $46.13 $47.63 $49.18

Section 11.2. Pay Date & Direct Deposit

Paydays shall be bi-weekly, every other Friday. Pay stubs will be available via the Employer’s payroll provider website to all employees.

All employees are required to be paid via direct deposit, except where prohibited by applicable law.

Section 11.3. Shift Differential

A shift differential of 5% of the employee’s regular hourly rate shall be paid for all hours worked between 6 pm and 6 am.

Section 11.4. Call-in Pay

An employee who is called into work or who reports to work as scheduled without having been notified not to report to work shall be paid four hours of call-in pay at their regular rate of pay.

Section 11.5. Certified Trainer/Instructor Pay

CSOs serving as certified Trainers/Instructors for Phase 1, Annual Refresher, and Firearms

Qualifications shall be paid at the LCSO rate for their respective area for all hours associated with the certified Training/Instruction.

Section 11.6. Paid Sick/Personal Leave

(a) Full-time CSOs will have a front-end load on 10/01 of every contract year of 56 hours. All

CSOs will cap out at a maximum of 56 hours per government contract year.

(b) Shared-time CSOs will have a front-end load at the beginning of each contract year of 28 hours of Paid Sick/Personal Leave. After working 840 hours, additional Paid Sick/Personal Leave can be earned at the rate of 1 hour for every 30 hours worked up to a combined maximum of 56 hours per contract year. Paid Sick/Personal Leave earned beyond the initial amount of 28 hours will be available as it is accrued.

At the end of the contract year, all CSOs will be cashed out of the remaining hours in their

Personal/Sick Leave account

If a CSO uses all their time and leaves the program prior to “accruing” the time that was front-end loaded to them, the deficiency amount will be deducted from their last paycheck(s).

(c) Any CSO starting on or before April 30th of each contract year will be front end loaded 28 hours of Personal/Sick Leave. After working 840 hours, additional Paid Sick/Personal Leave can be earned at the rate of 1 hour for every 30 hours worked up to a maximum of 56 hours per contract year. Personal Sick Leave earned beyond the initial amount of 28 hours will be available as it is accrued.

(d) Employees hired after April will earn their leave as they go at a rate of 1 hour for every 30 hours worked, up to a maximum of 56 hours which will become available as it is earned.

Personal/Sick Leave cannot be scheduled/taken in conjunction with vacation.

(e) Personal/Sick Leave may be taken in no less than one (1) hour increments and shall be paid when taken by the Employee as approved in advance by the Site Supervisor.

(f) Personal/Sick Leave (and Vacation) time may be used to cover absences caused by:

(1) A physical or mental illness, injury, or medical condition.

(2) Obtaining diagnosis, care, or preventive care from a health care provider.

(3) Caring for employee’s child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close Union with the employee is the equivalent of a family relationship who has any of the conditions or needs for diagnosis, care, or: preventive care described in (1) or (2) or is otherwise in need of care.

(4) Domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (1) or (2) or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, including preparation for or participation in any related civil or criminal proceeding, or assist an individual related to the employee as described in (3) in engaging in any of these activities.

(g) Any employee who is unable to report to work because of a reason listed under (f) above must notify the Employer at least two hours prior to the beginning of his/her shift in order to be eligible for paid personal/sick leave benefits. For foreseeable absences, employee should notify the Employer at least seven days prior to the requested leave. Proof of absence may be required for three or more consecutive days. Disciplinary action, up to and including termination of employment, may result from excessive, unapproved absenteeism in accordance with Article 8 of this Agreement.

(h) Unused Personal/Sick Leave will not be paid out to employee at their termination if the employee separates from employment within six months of the leave being front loaded.

(i) New York State Paid Leave

Employees working in the State of New York may be eligible to participate in the New

York Paid Family Leave program which provides paid time off for the following reasons:

• Bonding with a newly born, adopted, or fostered child of the employee

• Caring for a close relative with a serious health condition, or

• Assisting with family situations when a family member is deployed abroad on active military service

More information about qualifying for this leave provision is located at ny.gov/Paid Family

Leave.

Section 11.7. Bereavement Leave

In the event of death in the immediate family, the employee will be granted up to five paid days of bereavement leave per occurrence, with a maximum of total of two (2) occurrences per year

(maximum of up to 10 days per year), to be utilized as needed to replace scheduled workdays within 10 days of the death of the covered immediate family member. Paid bereavement leave shall not cause the employee to be paid more than 40 hours of pay during any workweek.

Immediate family is defined as the father, stepfather, mother, stepmother, spouse or domestic partner, brother, sister, aunt, uncle, niece, nephew, father-in-law, mother-in-law, brother -in-law, sister-in-law, grandfather, grandmother, children, foster children currently residing with the employee, grandchildren, and stepchildren of the employee.

A copy of the death certificate, obituary, or funeral program and proof of relationship, along with a copy of the employee’ published schedule that reflects the employee’s scheduled days during the funeral leave must be provided to the Employer upon the employee’s return from bereavement leave.

Hours paid under this Section will not be considered as time worked for the purpose of computing overtime.

Section 11.8. Jury Duty

The Employer will comply with all State and Federal regulations regarding employees’ service for jury duty.

It is expressly understood that payment will not be made if the affected employee does not miss any scheduled work.

Hours paid under this Section will not be considered as time worked for the purpose of computing

Section 11.9. Uniform Maintenance Allowance

The Employer will pay the employee an allowance of $0.11 on all hours worked, up to 40 hours per week. This benefit is payable in cash to each individual employee. These terms apply to any successor to this CBA.

The Employer will provide foul weather gear for each employee as is authorized and funded by the USMS for each employee or in exchange of the Blazer, distributed every three (3) years. The

Company shall issue uniforms annually subject to the direction of the USMS.

ARTICLE 12: HEALTH & WELFARE

Section 12.1. Health & Welfare Payments

The Employer will make the following health and welfare contributions as noted below, up to 40 hours paid per week and up to a total of 2080 hours per contract year for all employees covered by this Agreement:

Current Rate October 1, 2022 October 1, 2023 October 1, 2024

$5.05 $5.15 $5.25 $5.35

Effective with the Employer’s next Open Enrollment period, and annually thereafter, employees shall be permitted to receive H&W monies as cash-in-lieu, participate in the Employer’s Health &

Welfare Benefit Program, or have the monies contributed to their 401(k) Savings Plan. Should an employee choose to purchase benefits from the Employer’s Health & Welfare Benefit Program, and there are residual H&W monies leftover, employees may receive those remaining monies as cash-in-lieu or may elect to have them contributed to the employee’s 401(k) saving plan.

Should an employee not make an election as to how the monies are to be disbursed, the default shall be to the 401(k) Savings Plan.

Section 12.2 Health & Welfare Benefit Program (“HWBP”)

The HWBP shall comply with all applicable laws and will offer various benefits as outlined below.

Eligible employees should select benefits based on their individual and/or family needs. All participants are encouraged to actively monitor and revise their benefit selections as they individually deem…