2nd Circuit (Southern Eastern NY)(NY City)(ARLEO) CBA 2019-23.pdf
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- 15M10523RA47000280002
- Solicitation number
- 15M10523RA4700080002
About this file
This amendment to solicitation 15M10523RA47000280002 provides answers to questions from offerors and related requirements. The solicitation is seeking court security officer services for the United States Marshals Service in the Southern and Eastern Districts of New York. Key details include that the period of performance is from October 1, 2023 through September 30, 2028 with four one-year option periods. The place of performance is various locations within New York City. The estimated total contract value including options is $1.2 billion. The NAICS code is 561612 and the size standard is $38.5 million. Proposals are due by August 15, 2022.
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MEMORANDUM OF AGREEMENT
TO ASSUME COLLECTIVE BARGAINING AGREEMENT
By and between
Centerra, a Constellis Company
And
Association of Retired Law Enforcement Officers (“ARLEO”)
Centerra, a Constellis Company (“Employer) and Association of Retired Law Enforcement
Officers (“Union”), on behalf of all full-time and shared-time Special Security Officers (“SSO”), Lead Special Security Officers (“LSSO”), and Senior Lead Special Security Officers (“SLSSO”) employed under contract number 15M20018DA3200002 between the Employer and the US
Marshal’s Service for the 2nd Circuit in the Southern and Eastern Districts of New York, encompassing various localities within New York City, enter into the following Assumption
Agreement:
Effective January 1, 2020, Employer agrees to assume the collective bargaining agreement previously executed by Akal Security, Inc. and the Union with effective dates of August 1, 2019 through September 30, 2023.
Except as amended below, Employer assumes all provisions of the collective bargaining agreement, both economic and non-economic, and agrees to abide by the terms and conditions of employment as set forth in the collective bargaining agreement.
The collective bargaining agreement shall be amended, as follows:
1. Any reference to Akal Security, Inc. will be changed to Centerra.
2. Any past practices of Akal Security, Inc. shall not be binding or otherwise enforceable upon Centerra.
3. Centerra shall have no liability as a successor Employer for events occurring before the execution of this Assumption Agreement.
4. All Centerra/Constellis policies, procedures, work rules, and any other practices shall be effective, except in the event of actual conflict with the provisions of the CBA.
5. Unused Vacation and Personal/Sick Leave balances as of January 1, 2020 will be assumed by the Employer.
6. Article 1: General Provisions, Section 1.6, is changed as follows:
The Company will remit all such deductions to the Financial Secretary/Treasurer/Business Agent, within ten (10) no later than fifteen (15) business days from the date that the last deduction was made, via direct deposit, if possible. All costs related to direct deposit will be borne by the Union.
The Union agrees to furnish the Company with the relevant financial institution information, including current routing number and account number for direct deposit. The Company shall furnish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues, within ten (10) no later than fifteen (15) business days of each remittance.
7. Article 8: Discipline, Section 8.2 is changed as follows:
Employees shall be subject to discipline or discharge for just cause. The Company’ discipline policy is outlined in the “Constellis Progressive Disciplinary Policy,” In the event of any conflict between the language in the “Constellis Progressive Disciplinary Policy” and any provision of this
CBA, the provision(s) of this CBA shall govern.
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 Company 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 company 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 Company's EEO or harassment.(*Inappropriate conduct is considered to be unprofessional conduct or harassing behavior.)
8. Article 9: Grievance, Section 9.3 is changed as follows:
Step 3. Corporate Step:
Erin Lloyd 1st mike.goodwin Typewritten text January mike.goodwin Typewritten text mike.goodwin Typewritten text 1/1/2020
.Collective Bargaining Agreement " ' .
1 '• ' ' . . • Between > • •
' ' . Akal Security, Inc. . - •
A n d . ' " ! " ' .
Association of Retired Law Enforcement Officers (ARLEO)
• . TABLE OF CONTENTS : -.
ARTICLE 1 GENERAL PROVISIONS . . . . ' ' ' • " - . -6
SECTION 1.1 PARTIES ._....;....„. .', ;. Jf ^
SECTION 1.2 BARGAINING UNIT;...., ._...,,.,..; ; _-, __,. ;,; _g • '
SECTION. 1.3 NEGOTIATING COMMETTEE , ...... ...__ i.l 6
SECTION 1.4,UNION SECURITY...... .,, ,- .W...,.,.^.,«.J..; _ .„.;„;. .....e '
SECTION 1.5 STEWARD SYSTEM ,. ; ,:. M ; _ __8 ' ' :
SECTION 1.6 DUES CHECKOFF......:.,..'. * ......__,.,.._, __ _.8' . ' :
ARTICLE2 SENIORITY . . : . 9 .
.SECTION 2.1 SENIORITY DEFINED ;......,. J ;.,.,.. ; ,. ,.,...̂ ;,..t.9 ' • .
SECTION 2.2SENIORITY LISTS.. ,.;....._ ..,.._.. ._.......̂ ...,... .' '.9
SECTION 2.3 PERSONALTIME , ,.;./. 10
SECTION 2.4TRANSFER OUT OF UNIT. .:..,....< ,... ...: ...,.....1.,,.:.10
SECTION 2.5 PROBATIONARY EMPLOYEES.,....;......,.....,..,.... :....,.,.;.-.., .,..10
SECTION 2.6 TERMINATION OF SENIORITY........ , 1 10
' • ' % ! .ARTICLE 3 JOB OPPORTUNITIES ? 11
SECTION 3,1 FILLING OF VACANCIES...,. 1; ;_.,..: :.'. ^ .,11 . ' . /
SECTION 3.2 SHARE-TIME POSITION EMPLOYEES,.......,....^ : .:..U~ 11 . '
SECTION 3.3 LAYOFF AND RECALL... ,...,- ....,..r.-........12 . : .
SECTION 3.4 TEMPORARY ASSIGNMENTS :.... -....:.. 12 • ' .
SECTION 3.5 APPOINTMENT AND REMOVAL OF LEAD CSOs , ,... 13 . .
ARTICLE 4 GOVERNMENT SUPREMACY • . 13
ARTICLE 5 GOVERNMENT CREDENTIALS REQUIRED ; 13 •
ARTICLE 6 NON-DISCRIMINATION . . . ". 13 .
ARTICLE 7 MANAGEMENTS RIGHTS 14. '
SECTION 7.1 ENUMERATED RIGHTS. , :.. : 14 -. ;
SECTION 7.2 RETAINED RIGHTS ' ™, :,:. --J. ..»".15
' / ' ; ' 2
SECTION 73 EFFECT OF Nim......™..™................; ...... _._...A._
AOTICLE8DISi(3PUIiE IS
SECTION 8.1 JUST CAUSE. .... ..,............u..;................__-w....... _....._.̂ 1§
SECTION 8.2 SERIOUS OFFENSB......̂ ^
SECTION 83 PROGRESSIVE DISaPUNE «̂ w. .............̂ ..ŵ ...w.._........___,...16
ARTICLE 9.1
ARTICLE 93 GRIEVANCE PROCEDURE..̂ .̂................̂ .......̂ ...... ..._........,_1§
ARTICLE 9,4 GRIEVANCE FOR DISaPUNE................̂ .̂........... .....̂ .... ...._17
ARTICLE 9.5 CLASS ACTION..... —.. .....i.............̂ ..,. i....̂ ™...._̂ .17
AR1TLCE 9.6 INDIVIDUAL GRIEVANCES ......_..... ..........—_̂ ......™._» ..._18
AimCLEliARirmATICIfiPROaEDURE W
&ifflrt P1O 1 SELECTION OF AN ARBITRATOR.... ....„.,........*. .«....»... 18ĵ̂ ll̂ U^ ^W*«fc «nHi«fc*.%ii» f l̂ rfP'l* *•** f^ltm * «• k**» I *•*» *» ̂ ^t »..«..•» .............................. ........••......••»••».«>•.*.*> ***t«....«nuir
ARTICLE 10.2 DECISION OF THE ARBITRATOR... „ ...18
ARTICLE 103 ARBITRATION EXPENSE ,.... . -
ARTICLE 10.4 PARTIES' EXPENSES..., ......... , .̂ .̂ ...̂ ...-iS
ARTICLE 105 RESOLUTION OF GRIEVANCES..........-™-........ -™_. . 19
ARTICLE 10.6 DEFERRED CASES- . -.-. -.; . 19
ARTICLE 11 COMP»ISAT«ON AND FRINGE BENEFITS ^
ARnftFll 1 CAUL IN »PAY . . v.... .....»«...̂ .̂ ......,..,...« .̂ M..20/•yfV i I Vifc.1— JL«L> tMt ^»rfT»fafc» ll̂ l T .*. I •••»••«•.••»• •«.».*««.....« .................. ...... «•••«.«<.•«•»«•.»»«»»•««» .... . ........................̂ ...̂ .w
ARTICLE 11.2 SHARE TIME PROATION,........«- —..v̂ ......;
ARmdE U.S WAGE SCHEDULED ......... .....—.̂ .̂̂ .....̂ ...̂ .̂....̂ 2̂0
,..«..™..._.........™.,.™..20
•,:" -mlimmi*.-*' ' '^X^?»A'£'.'••• ; • »
ARTICLEli.6 BEREAVEMENT LEAVE....,M;i.....;..; ._ , ,.__ ;,__ 20
ARTICLE 1.7 JURY DUTY. :......._ , ;,„ !.„. ; ; \0
ARTICLE 12 HEALTH,' WELFARE.AND UNIFORM ALLOWANCES 2 0 '
ARTICLE 12,1 HEALTH AND WELFARE.., _ 4 _ ,_: „„.. , _20
ARTICLE 12.2 OTHER BENEFITS '. ,„..,_ _ .„ >..,.;...._ ,,.,,;.20 '
. ARTICLE 12,3 UNIFORM MAINTENANCE..,,...,.. ...;.. ,;..;...- _;_ .- _; .ri<2i " .'
ART/GLE13 VACATIONS . 21 .
ARTICLE 13-1 ELIGIBLE FULLTIME EMPLOYEES; .,...,_„..;_". .,.,...21
ARTICLE 13.2 ELIGlBLESHARETIME POSITION EMPLOYEES.. _..,.M. 21
ARTICLE 13.3 SCHEDULING VACATIONS.., ,._J _. '.„„ , 21
ARTICLE 13,4 UNUSED VACATION -. ; .̂ .̂ t:.?^^^v,s..r. ,..;.,........ .22 '
ARTICLE 13v5 PAY IN LIEU'OF VACATION LEAVE ;̂J,̂ :.̂ Î :;S^ .̂..:. .._.. ;_22
ARTICLE 13,6TERMINATING EMPLOYEES ..„„ _,.... ,...̂ _ ..v. ...;. '.,;.'.22
ARTICLE 13.7 VACATION-LAID OFF EMPLOYEES,....; „. « -. ';. ..,,....,22 .
ARTICLE 13,8 VACATION INCREMENTS.^. _ ;......- ; 22
ARTICLE 14 HOLIDAYS, 22
ARTICLE 14.1 HOLIDAYS DEFINED .,.., '. ~... .„ :.,.,22
' . ARTICLE 14.2 MISCELLANEOUS HOLIDAY PROVISIONS .,.;......,., L... _._.., 22
ARTICLE 15 HOURS OF WORK AND OVERTIME . • . 23
" ARTICLE 15.1 WORKDAY AND WORKWEEK..... - .,..., .^^>,..'.» -.23
ARTICLE 15.2 OVERTIME,.,,...., "-.„ „_..«;.;;....-; -^^... .' ; ,,23
ARTICLE 15.3 OVERTIME REQUIREMENT.,^........., .-..., ....;- - 23- ^
ARTICLE 1S4 OVERTIME DISTRIBUTION , ,«....-.: ;.,.;,.;_.,...,-23 ' .,.
ARTICLE 15.5TIMEKEEPING POUCY-^,.r.-.r.~ i ;_....:,.._.,., ARTICLE 15,6-REST PERIODS AND MEAL PERIODS 1 , ; ,.24 • • •
ARTICLE 16 WORK SHIFTS AND PAYMENT POLICIES 24
. ARTICLE 16.1 PAYDAY,... .;; ; :.. , .._ .' ,.24
* .ARTICLE 16.2 UNDISPUTED ERROR.. ;_ ........ „_ ,.; _24-
ARTICLE 16.3 LEAD CSO RATES....;..., .„._.., -... .;.,. ._..,._25
ARTFCLE.16.4 COURTHOUSE CLOSURE... ._; ,_.. -.t 25.
ARTICLE 17 UNPAID LEAVES OF ABSENCE . : 25
ARTICLE 17.1 LIMITATIONS... , ..„: ,.,._? ;;..,...._ 25
ARTICLE 17,2 MEDICAL LEAVES,..,; "...... ., , i , ...25
' : ARTICLE 173 MILITARY LEAVE..........̂ ; 1. ;..._, T_..,_: 26
ARTICLE 17.4 UNION LEAVE : ; '. ;,.,.; 26
'ARTICLE 173 PROCESSING UNPAID LEAVES OF ABSENCE
ARTICLE 18 MISCELLANEOUS PROVISIONS 27
- ARTICLE 18.1.BULLETIN BOARDS.....̂ ...-. ;._; -..,... :....,.: , ;27
• ARTJLCE 18.-2 PHYSICAL EXAMINATIONS ..-. , ..;,.,. , ..27
ARTICLE 18.3 TRAVEL EXPENSES ' ;. ,......,_ .27
ARTICLE 18.4 BREAK ROOMS ! ..,..:... r —: - ,..,,..28 •
ARTICLE 18.5 LOCKERS : i.'.....̂ , .....1 ..:. '., ;28
ARTICLE 18,6 UNION BUSINESS'PROHIBITED ON DUTY.-...;.........; '...< ...; ...28
ARTICLE 18.7.SAFETY POLICY ,..., - »«™
ARTICLE 18,8 OSHASTANDARDS , ; ,-, :—~.- 28
ARTICLE 19V ' • ; 29
ARTICLE 19.1 NO STRIKES...,;..,.: , _..' r ~~ > •.: 29
ARTICLE 19.2-NO LOCKOUTS™..̂ .,-.... —~~: - ™.™.....» ^ 29
ARTICLE 20 SEPARABILITY OF CONTRACT . ' • , . 29
ARTICLE 21 ENTIRE AGREEMENT • . 29
.ARTICLE 22 TERMINATION OF AGREEMENT . " 30
ARTICLE 23 DURATION OF AGRREEMENT ' . 30
SECTION 1.1 PARTIES
This Agreement is made arid entered into by and. between AKAL SECURITY, INCORPORATED, a
New Mexico corporation, hereinafter, referred to as the "Company/' and Association of Retired
Law.Enforcement Officers (ARLEO), hereinafter referred to is the "Union1!. This Agreement shall be binding upon the parties, their successors arid 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 bargafning unit is defined as all full-time and share-time federal,.Special Security Officers
(SSQs),. Lead Special Security Officers (LSSOs), Senior Lead Special Security Officers (SLSSOs) employed by.the Company atthe following locatio'n(s): • • . • •
Circuit: . 2^ Circuit - . ' . ' • •
District: . Southern-and Eastern Districts of New York • " •
Jobslte(s); Various Sites within New York-City
• excluding all other employees including office clerical employees .and professional employees as' defined in the National Labor Relations Act."
SECTION 1.3 NEGOTIATING COMMITTEE
The Company agrees to recognize a Negotiating Committee composed of. up to three members "
(3) and. one (1) alternate selected by-the Union to represent.the'Employees m collective bargaining negotiations. - . . ' - . _ .
SECTION iV UNION SECURITY . ' :
A. An Employee who is. a' member of the Union at the time this Agreement becomes -
£ffective;shaircontintie 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 ten (10) days after the 30th jday following the effective date of this Agreemenfor date of hire either: . : . .
1. Becorne a member of.the Union and remain a member or
; . . 2, .-' Paythe Union a service, fee. The amount of this service fee shall 'be equal'tothat
.. • . ' • • - . • . paid by regular Union members to include regular and usual initiation fees; The - ' • " .
. ' - • . . service fee will .not include any assessments, special or otherwise. SGich payments
: • ' . shall commence on the 30th day after the date of hire. •• . . ' ' ;. .'
• • - . ' • . (a) Employees; who are members of, and adhere to the established . and traditfonaj . . .
, ; . • tenets' 'of a bona-fide. religion, 'body/ or. sect, which has .-historically., held .
conscientious objections' to joining, or financially supporting labor V
- . • • 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
. o f 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 =a:nyterminatiqn' of employment. pursuant to.thls Section -becomes effective,/ •:"• the Emplqyeeshali first.be given notice invyriting by.the .Union to-pay the.. . . ; . '
. -prescribed ..initiation fee. and/or deljn-g.uent dues. Jfthe.erpployeefail^tQ pay. the • inltiatio^ fee and/or ddinquent;4u^s., tKe.pnion^^
• provide ppof of. npti.ce. If su^ • -
.' after.-the .employee- receives this notification from- the Company, his/Her dismissaf- • ' '.
;*JJh • i ^M. ;' ' i"^c :j-,' -\ " ' *' r . - ^ ^ v ' * ' - - " "•'•'•'• ••'• !» ; '•:' •.'>'• v^'!;-.:. . •>'.:': ' ''.^V..-:..^;."- '^.^
• ' under here shall not be required. If termination is administered under.this " .' • . <••> -I.::' i \ -!: '- i :- .-i: !?::.* v -, - . ; i n.-i.f-:? ;/•:•'• o ^ ? » -V^X-C- '•'•• .: = - . ; • • • • • : • ; • . • • --.*>U'^'-- . " • •
! provision, the reason will be given, in writing. Termination will not occur iftnerels '
. • an o^ngolng^cllspute Between the' eWected Hmployeeandfhe'l^riionlThe Company, and-tfie^Umoh agree tKat'th'e - \
-. ' • " .candidate H^k'b'een hired, trained and put into the Officers position to be " ' ' :
• 'terminated • '.' • ' . ' ' . • " ' " .
C. • .;'k - .«« i> Kv> -*'c/:".{'^ti v:i (.< •-* -'UJs/^.tOiK • • ; ; * . : * ' '.»- .1 •>••• - r??. ?".v • .-.\-t\- ;.f:v:v.;?v*.: .
'&^i0^^^ fprtb-f ir)-this;;:A:rii:c|e;s^XivPn !t,9et̂ e extent . .
frte.^ 'AV-^
?- -jwipy^ ojt-th^9r\?.--? ^gai;.' ;ipga^to.^ny prpx^°Av9^^te Artipie^th^ tiqr)s..un:cfer^^ f rticle^^f Jhe,duratiQc\".-Qf the ̂ jsp.Lj^-^Ijt^qQflfejrjng- .-.-.
.rpjttgr:̂ /.. .- :Ki:,M: jsi... ^- Sj.f.;,,:: .r.;i
2.' The Union agrees to save*grid, hold the Employer harmless from any and -all . ^iror^o^-!^ x^'.-r. '-.:i-•' ' ' . '••-. '.•• • '•"<": *:vfv..V' >- ' * ?'•»' • • - . . ' • • • :"•••.•• •'• • • • • ! . • " : • • * . • • ' l - > : •'•.••vouvn/
•claims, actions, suits, damages, or costs,/.including a.ttoroe/s fees- incurred By 3no-*K»" ' . 'M-nf i .^ i7t-U -v : , . «--i.; .--^.--:. i£-f.»' : ' .Vi i- '•"•<•;•." .;. <>:•• '.:-••; .•-.;.:. . ; - . ? r*;--*
7 •
.. the-Employer, oh account of any matter .relating to the terms of this Article/
. .Including, but -not limited to,'any'claims by any Employee^) and comp.lfance
. with the law. The Employer wfll.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 Section 1.4 may result In mandatory payment of back fees/ dues '
"and costs may be. levied and/or disciplinary action up to; andIncluding, termination.-' . . • • . . .
SECTION 1.5 STEWARD SYSTEM
•The Company 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'properjy relieved to attend to the grfevance.procedure as-outlined in-this Agreement. - . ' • • " . . • .
At an Employee's request, the Company will call for a union representative prior to,'any
'discussion with ah employee t'hat may reasonably be expected to lead to disciplinary .action.
The supervisor, at the request 9fthe Employee, wilj 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 Company, ' . -
The.union representative shall be pa-ld for time spent meeting with the Company, only upon receiving Supervisor approval of relief from duty. The union representative will not be" paid for time spent investigating grievances, preparing grievance documents,.or for any time spent.
outside of 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. ' .. : • - " - • ' .
SECTION1,6 DUESCHECKOFF . . .
The Company agrees to deduct dues 'as designated by the Union on a monthly basis from the • paycheck of each member of the Union, These -ded-uctions 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 Company 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 Company may lega-lly do so. The Company will be advised in writing, by the
.Union, as to the dollaramount of the Union membership .dues;
The Company-will remit all such deductions to the Financial Secfetary/Treasurer/Business Agent
..within ten (10) business days from the date that.the deductlo.n was made, via direct- deposit, if jDOSsible. All costs' related to. direct deposit will be borne by-the Union. The Union agrees to furnish-the Company with the current routing number for direct deposit The Company shall' furnish the Financial Secretary/Treasurer with a deduction list, setting Yorth;ĵ ^-n-ame^.and_ amount of dues, within ten (10) business days of each remittance.
The Union .-agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the Company and assumes full responsibility of the dispositions of the funds so deducted, once they pre paid over to the Union. Errors made by the Company, i-n 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 Co'mpany'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 share time-SSO, LSSQ and SLSSO, including any member assigned'to The Courts, US. Probation. Offices, and US Attorney's Offices for the
Employer, pastor present and/or any predecessor Employer, Seniority shall not accrue until the=
Employee has successfully completedtheir 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 purpose of shift, bidding, vacation schedules,..holidays, .extra work and overtime, seniority shall be site specific. For the purposes of lay off^and recall, seniority is extended to the entire Local. -. .
When "providing, names to the'USMS for USMS training school, Akal • will provide the'
' 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'Company, using service credit information, will provide a seniority list to the Unio.n.up.on- '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-writrng/ on the company provided-form, pftheirp'roper mailing address,, email address a;nd telephone number or of any change of name, address:, or .
..telephone number and provide-a valid email address. The Company will sencpfcopy to thepT
Union and both shall be entitled to rely upon the last known address in the Employer's official' j ' ' ' ' •• •' \ ' • ' ' ' • • ' x ' ' . • ''
.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 on-ly), excluding the time in the non-bargaining unit position, upon, completion of 365 days back-In t he bargaining unit- , • • • " . . . ' , ' .
SECTION 2.5 PROBATIONARY EMPLOYEES : T^^^~''"~^
Probationary Employees will be considered probationary:for a one hundred and twenty (120) calendar day period after their hlre.date. The Union will still represent Probationary Employees for problems concerning wages, hours; and working conditions; but the Company 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,-\t which, time seniority dates.back to" their date of hire. The' Probationary period can be extended by mutual agreement between the Company 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. t h e Employee i s discharged; . ' . . . . " •
• Q . a se-ttlement'wlth 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 lye.ar; - . ' .
E. the U.S. Government revokes the Emp|oyeels credentials as a CSO; ^^^—~——^— the Employee Is permanently transferred -out of the bargaining unit-uhder and subject- . ' to Section 2.4 above; . . ' . ' 1^(^
G. the Employee accepts a position outside-of the bargaining unit and doesjî returoJto :
the bargaining unit for a period of 18 months; . . . - ' " . . - . " . • • .
NOTE: The seniority of an Employee-shall.'be reinstated for any of the following reasons:
' A. An Employee returned to work after overturning a medical-disqualification shall regain their seniority back to the.original.date, of hire;-and • ' .
B. An Employee returned to work, after overturning.a discipline termination shallregafn their., seniority.backto.original:date.bfhire. .. • . . ' . ' . .
• • v • • • • . .- .
C Full seniority will.be reinstated, should an employee'"who. has been removed on a non- .
voluntary.basisbef.e-credentialed bytheUSMS. . . . . . . - ' . ' . :
ARTICLES JOB OPPORTUNITIES • — '. "
SECTIONS,! FILLING VACANCIES - .
If a vacancy occurs in a full time or share time position- covered -by this Agreement .or a new '.•
.position is added -and the 'company chooses to fill the position, the-job will be posted for a period of five (5) working "days (excluding Saturdays, Sundays, and holidays) at all locations within the District Any Employees who have notified the District Supervisor In writing of their "
.intent to apply for a' Full-Time or Share-time position arid who are-not scheduled.to work during that five (5) day 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 SSOs have been notified. . ; . . •' :.„,__ .;.^
When a vacancy occurs, the Employer will fill the position with the most senior. Employee who ...
ha.s applied for the position In writing, who will be trained.(If .required.) to-fill any necessary special quaiifications for the new position. No more than 2 two positions sha.l! be fiJled". under this procedure as a result of the Initial vacancy. This provision does nofapply to Lead Court
Security Officer vacancies. . • - . - . .
,0hce an employee has submitted a bid for a vacancy that bid/may not be withdrawn unless agreed upon by the Company.and the-Unfon. . * . .
SECTIONS^ SHARE-TIME POSITION EMPLOYEES
'The company shaJ I provide SSO coverage by'using1 a combination of full-time-̂ Îtl-o^s-a-nd -̂ share;.tjme positions. Full time positions are positions where the-SSO 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 (2) .SSO's for a combined total of 40 hours per \A/eek; however, each-share time SSO may be scheduled up to 40 hours/week; The Company-is required to use share-time position SSO's to: .(1) provide full.staffing level coverage;
. • " . - • ' . ' • ' ' - . • ' • ' 1 1
(2)'increase security levels as needed; arid (3). avoid overtime.. Share-timed position employees may -be required to work any .tour of duty required by the company. The Company has.sole ' discretion in assigning these tours. The company will give the share-timed 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. . .
Share timed position Employees will be required to sign and.abide by the Aka I Shared Officer
Agreement • ' • . . . •
In order to avoid being called in, a share-time employee must have leave available and submit a. leave request If the share-time employee is not called on.the requested day .of2^ the..
Company will void the leave request The employee, may request a copy of the voided leave request form from the District Supervisor. ' . . ' • • ' . -
SECTION 33 LAYOFF AND 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..Sh.ould 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 i advance notice as possible and will meet with the Union to bargain impact and implementation
.of the staff reduction plan. . • ' • . ' •
SECTION 3.4 TEMPORARY ASSIGNMENTS .
In the interest of maintaining continuous operations^ the Employer may temporarily assign an Employee to a vacant or new.position orassign'-an Employee to ^temporary security assignment. •;
directed- by the USM.S, including temporarily assigning an Employee to. a. work site within 'or .
o-utsfde of the area defined by this-.Agreement and its Appendices. To.the extent feasible the .-. " ' assignment shall be a .voluntary selection.based on seniority and qualification 'and shall not exceed 30 days per employee, -this may be extended with an agreement between the Company;
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 avaifeble 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 ' \ -
..c
SECTION 3,5 APPOINTMENT AND REMOVAL OF LEAD SSOs .
The U.S. Government, in. .its contract with the Company, creates specific guidelines .for the Job
. duties of Lead SSOs, Based on .these guidelines, all appointments wilt be made on- the basis .of suitability as evaluated by -the -Company. Suitability shall- include an employee's qualifications, skills, .past performance, and the legitimate needs of the pperation. The Company, shall fairly evaluate and select the; most. qualified candidates, .in the.event'thattwo or more candidates are -.
equally qualified, 'the Company will, select the most senior candidate
ARTICLE 4 GOVERNM.ENT SUPREMACY
- The Company and its employees are providing a service to the United States Government^ which bears responsibility and. authority for t providing. security -to federal judicial facilities. Express •
• written '• or verbal directives of the U.S. Government- slrall .supersede all provisions of this Agreement and aria not subject to the grievance procedure, . • .- . . . • . '
\ART1CLE5 GOVERNMENT CREDENTIALS REQUIRED -
Employment as a Special Security Officer or LeadSpecial Security Officer requires, as a condition of employment, that the employee maintain a current,. valid Special Deputation as a Special;
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.. . - . . • • •
ARTICLES NON-DISCRIIVTINATION . ' " * " ' - .
There shall be no discrimination against any employees within .the collective bargaining unit-
.covered by this agreement (Including, for the purpose of this antidiscrimination provision of the ' agreement; .probationa.ry 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 lim.Ited 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 an-d contractual, under this Article. • • . . . •
The- Union agrees, on behalf of Itself and all the employees covered, by this Agreement and, this /;
Article, .that the sole and exclusive forum for the adjudication of all. such 'claims under this.
Article/statutory and. contractual, and -the sole and exclusive remedy for violations of the rights.
set forth In this-Article, statutory and contra.'ctual, to-the preclusion of all other remedies and.
forums, judicial administrative and .otherwise, shall be the.grieyance-and arbltratipn. procedures detailed i n Articles 9 &. 10 o f this. Agreement. . . . . . -. .
-13
ARTICLE 7 MANAGEMENT'S RIGHTS
SECTION. 7,1 ENUMERATED RIGHTS . . • :
the Company reserves, .ail rights which ft 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 Company, which it may. exercise in. Its*sple discretion and-which might otherwise be a source of-potential controversy, these rights being:
. - a . .; Hire;. . ' ' " . ' ' • " • '
b. . Assign work and schedule; . . . '• •
c. Promote, Demote; . ' • . . ' cU . Discharge, discipline, or suspend; .. .
e. Determine the size an.d composition of the workforce/Including the number
- o f , if any, employees assigned to any .particular shiftand/the number of full-.
' . . ; • • • . time.and share-time employees; . : . . • • • • •
f. . Make and enforce work rules not inconsistent with the. pro visions of this
-. t agreement;
. g; '• ' ' Require Employees to observe reasonable Employer rules and regulations;1
h. Determine whether an employee may take unpaid leave when all forms of
' • . j paid leave -have been exhausted; • • • • • • - . • . ' _ • • - . " .
. L. 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.Company; . • ' " ' " ' . . -
' 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; -
. I, ; The right to "determine the'type and quantity of machines, equipment,, and' •
.. supplies to be. used and-the purchase, contraband use pf.aH materials,-
/-. " equipment, and supplies that are.-purchased, used, or 'handled .by the
Company; ' ' • • ' . .
m, • The right to sell., lease, shut down, or otherwise -dispose of all or part of the Company'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 -Company, 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; " - . : . ' . .
. . ' ' • • . ' 1 4 p, • The right to* hire, promote, transfer, and lay.off employees covered by this.
Agreement and to .determine the requirements .-and criteria prerequisite to
; belrig.hlred,.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 ' : v • ' • .
Any rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and.
.any supplemental Agreements that may hereafter be made. The Company's, failure to exercise anyfunctlon. reserved to it shall.not be-deemed a waiver of any-such rights.''
SECTION 7.3 EFFECT OF NLRA .
.Management ^hall not Implement-any cha.nges to subjects covered In the mandatory bargaining, list as-provided for In-the National Labor Relations Act, Section 8(d).- '
ARTICLES 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 agree.d by the parties that In Instances when the employee
Is removed from: working under the USIVIS 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-hls or her position, the Employee may. be terminated without recourse to the procedures under this
Agreement and the Company shall be held harmless from any. lawsuits resulting by the
'employee and the Union. . : • / . . : . . - ' .
SECTION 8.2 SERIOUS OFFENSES
A.mongthe 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 d-uties; breach of security; breach-of the chain of command/
..except to the extent/reasonably necessary to co.mply with the orders or accommodating the needs of the USMS and the 'Court; conduct-which impugns or disparages the USMS, the. Court, the.Company 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 publlc.or contractor-employees at or rlear the federal facilities, or while In uniform; violation of the CSO Performance Standards or Deadly.
• - • ' • . 1 5 .
• Force standards;-dishonesty; misappropriation of funds or government or company resources;
theft; faIslficatio.n bf.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; Bleeping or being inattentive while, on duty;, destruction of property;, fa [Jure to-
• properly screen; criminal misconduct or violations of the Company's EEO or harassment policies, (*lnappropriate.cohduct is considered to be unprofessional conductor harassing behavior.) •
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. . .
ARTICLES' GRIEVANCE
SECTION 9.1 INTENT
For purposed, 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. Either party to this GBA my file a Grievance under this Article. ' -
SECTION 9.2 GENERAL PROVISIONS
The.number of days outlined in Section 93. 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 worksjte-or corporate .off ice of the Company are closed. " ' " . . • ' . ' • .
Should.the Company fail to comply with the time limits, the -Union and the aggrieved employee', may deem the Company's failure to respond as a denial of the grievance.
• SECTION 9.3 GRIEVANCE PROCEDURE . . .
All grievances shall be presented and processed in accordance with the following procedures:
1, Informal Step ' •* '
The party representatives at the. location where the grievance arose shall .make their best efforts to resolve any dispute on an informal basis,, .Both the Company and the Union agree that the
. aggrieved employee -will first discuss the complaint with the Immediate supervisor fnqt In the bargaining unit), within ten (lOJ-working days of the -Incident being grieved; to start the Informal" procedure. If the Informal procedure is not invoked within ten (10) working days of Employee's
. knowledge of a grievable -Issue; then It is agreed by both parties that no further action can be ' taken. If, during the course of -.this discussion either the .Emp.lqyee'or the supervisor deems It desirable/a Weihgarten representative will b e called i n , ' . ' • " " ' • " ' ' . ' • : •
2,' ..' LocaLStep • • ' - ..: . ": :
' . . ' ' ' • A • . . ' ' • " ' • ' . •
If the matter Is not resolved informally, the Employee shall, not laterthan ten (10) days afterthe informal discussion with the. Immediate supervisor, set forth the facts in writing; on an agreed •' form, specifying the specific Article(s) and paragraph^) allegedly violated and the nature of the
. alleged violation. This form/shaH be signed by the aggrieved ^Employee and a separate Union
. representative and shall be submitted to'the Contract. Manager .of his deslgnee with a copy to
. the Company's Vice President of Human Resources^ The Contract .Manager or designee. shall
• have' ten- (10) days from the. date the grievance was presented to- return a decision in writing with a copy to the aggrieved Employee and the Union representative. If the Contract Manager or .deslgnee. denies, the grievance of does not respond within ten (10) days, 'the aggrieved
Employee musttlmely advance t h e grievance t o t h e next. step. . • • ' . - . _ • • • • ' v 3, • Corporate Step • • ; • • • ' . . . ; ' . . .
. . ' • . t . . . • i : ' - . . ' ' . " • ' • • " .
If the grievanc^ is:not settled, at the Local Step, .the grievance may be .appealed in writing to. the
Company's Vice President of Human Resources or designee not laterthan fifteen (15} days .from -the denial by the Contract Manager or deslgnee.. The Vice -.President of Human Resources .or design-ee will have fifteen (15) days from the date the grievance was presented. to return a decision, iri writing; with a copy-to, the aggrieved ..Employee and the Union representative.. If the .
Vice President of Human Resources or designee denies the grievance or does not respond within fifteen (15) days,.' the aggrieved Employee must timely advance, the grievance to the next step. .
(arbitration), . •
SECTION 9.4 GRIEVANCE FOR PISCIPUNE
Any grievance involving, discharge or other discipline may be commenced at the Local Stepvof .
this procedure; The written grievance shall be presented to the Contract Manager through the.
Site Supervlsoror deslgnee within fifteen (15) .days after the. -occurrence of the facts giving rise .
t o t h e Grievance', . - . . - ' ' • • - . - . ' . •
SECTION 9.5 CLASS ACTION'
The Union shall have the right to file a group grievance (class action) involving more than one (1) • Employee atthe Informal Step of the grievance procedure. - - . .
.SECTION 9.6 INDIVIDUAL GRIEVANCES
No individual, may rriove a grievance to arbitration. .; . ' . .
f • • • ' ' ' ' "
SECTION 9.7 BILATERAL RIGHT .
Grievances may be raised by either the Union or the Company. The Company is required to address a grievance directly with the Union's "designated representative one-time before
• advancing an unresolved grievance to Arbitration, under ArticIelO, ' ' . '
• ' . ARTICLE 10 ARBITRATION PROCEDURE
Grievances processed in accordance, with'the requirements of Section 93 that remain unsettled may be processed to arbitration by the Union. The Union'will give the Company's Vice President of Human. Resources written notice of its desire to proceed to. arbitration not later than fifteen-
(15) days after rejection of the grievance at the Corporate Step. Grievances.which have been. .
processed in accordance with the requirements of Section-.9.3-which- remain unsettled shall.be processed in accordance with-the following procedures and limitations: • .
SECTION 10.1 SELECTON OF AN ARBITRATOR
With in. fifteen (15) days providing written notice of its desire to proceed to arbitration/the Union will request that the Federal Mediation and Conciliation. Service (FMCS) to suppjy a list of • seven. .(7) arbitrators, An arbitrator will- be selected from the list supplied by the FMCS by parties •alternately* striking from the list until one (1) name remains/and this individual shall be the arbitrator to. hear the grievance. The 'party to make the first strike will be the winner of a coin-toss. . . . ' . t ' . • . ' - . . .
SECTION 10.2 DECISION'OF THE ARBITRATOR , .
The arbitrator shall commence the hearing, at the earliest -possible date. Hearings shall be.
•scheduled-such that they will be completed in. one continuous session, unless the hearing exceeds five(5) days, orunless mutually agreed by the parties. . r - ' ; : .
The decision of the arbitrator will normally be .rendered within thirty (30) days of the latter of the clbse of the hearing or submission of post-hearirig briefs (unless extended -by agreement of • the parties) and shall be final\and binding upon the parties to the Agreement^ .
be complied with/without undue delay, after the decision is rendered. Anyraward of.back pay may not commence more than ten (10) days prior to the date of the written grievanceV The ' burden of provi-ng .back pay is with the grievant and is limited to the amount 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..
. 18
. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract fro.m; 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 a.nd the- legal basis for the decision. Company
.or Union witnesses except the grievant, not located within commuting distance of the hearing;
may testify by telephone, (lntentto.be approximately 1-hour commuteone way.)
SECTION 10.3 ARBITRATION EXPENSE
The .arbitrator's fees and expense's, 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 fa-vor of the Union and ..partially in favor of the Company, these costs will be. shared equally between the Company and the Union. ". • . . • - • • - .
SECTION.10.4 PARTIES'EXPENSES'
. Regard-less.of the'arbitrator's decision; each party'.-will bear its own legal, fees and .c6sts. 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 O F GRIEVANCES • . ' - . - - . .
At any stage/.the Company may settle any grievance by providing the relief requested in the ..
grievance or the -amo'unt pf-relief available under the Agreement;'whichever is less. Unless agreed by.the parties, any settlement Is on-a non-admission, non-precedent setting basis.
SECTION 10,6 DEFERRED GASES . -• , ^ .
• . • • . * - • ' • . ' . . . . 4 '
. If the NLRB defers an Unfair Labor Practice(ULP) to the grlevance-and-arbitration procedure, the parties will attempt to resolve'the matter within 30 days'through the in vocation-of. the procedures of Section. 93. (3) beginning with the Corp orate. Step of .the Grievance procedure/
. Articles. * - . . ' ' • '
ARTICLE 11 COMPENSATION AND FRINGE BENEFITS
The -Company .agrees to provide employees with compensation.and fringe benefits as required
.by the McNamara-O'Hara Service Contract. Act and other applicable laws/ including but not limited to the-Family Medical Leave Act of 1995 and the Uniformed.Services'Employment and
. Reem p I oyment Rights y\ct of 1994, . . . • '• . .
Agreed compensation zgtes, fringe benefit entitlements and options, and'associated policies and procedures.are described'in the attached Compensation and Fringe Benefit addendum*
' - . ' . ' ' • . • ' . • ' - . • ' ' i '
SECTION 11.1 CALL IN PAY
An employee who- Is called Into work or who reports to works 'as, scheduled-wfthbut having, been -notified hot to report to work shall1 be pa-id four (4) hours of call in pay at their regular rate o f pay. . ' . - . • ' • • . - ' • • ' . • •
SECTION 11,2 SHARE TIME PRORATION : ; ' \. - . . • ; • •
Airprdration'of share time employee's hours will be based :on. hours paid. • '
SECTION 113 WAGE SCHEDULE . '
-See attached Appendices. • • . • ' • ; . ' ' • ; • . ' i . -
SECTION 11,4 NIGHT SHIFT DIFFERENTIAL . . '
See attached Appendices'; . . • • ' . • / . . . . . " . . •
SECTION 11.5 PERSONAL LEAVE . / . .
See attached Appendices. -. • .
SECTION 11,6 BEREAVEMENT LEAVE . .
See attached Appendices. • -.^At:;. • " . ' . . •--'•^^K^*>-• : • • .. . . . .- . . ; • . : - .^Mmm^ • • 4
SECTION 11-7 JURY DUTY ; * - - . •
See attached Appendices,, . « . . • • . •'••
ARTICLE 12 HEALTH^ WELFARE AND UNIFORM ALLOWANCES
SECTION 12,1 HEALTH AND WELFARE PAYMENTS
. See Appendix B; • . . . - .• . . •
SECTION 12.2 QTH.ERBENEFITS ; .
The Employer may choose to .offer additional, fringe, benefits to aII-Court-Security Officers employed-by the Gampa'ny, . ' . " . . . - * .
'SECTION 123 UNIFORM MAINTENANCE ,
The. Employer will: pay the Employee1 an allowance oh all hours worked, up to 40 hours per week.
This benefit is payable in cash to each Individual employee. Uniform-Maintenance payments?"
may. not be'use.d to fund plan benefits…
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