2nd Circuit Vermont (VTCSOU) CBA 2019-24.pdf

MEMORANDUM OF AGREEMENT

TO ASSUME COLLECTIVE BARGAINING AGREEMENT

By and between

Centerra, a Constellis Company

And

Vermont Federal Court Security Officers Union (“VTCSOU”)

Centerra, a Constellis Company (“Employer”) and Vermont Federal Court Security Officers Union

(“Union”), on behalf of all full-time and shared-time Court Security Officers (“CSO”), Lead Court

Security Officers (“LCSO”), and Senior Lead Court Security Officers (“SLCSO”) employed under contract number 15M20018DA3200002 between the Employer and the US Marshal’s Service for the 2nd Circuit in the District of Vermont, encompassing various localities state-wide, 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, 2025.

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., or any previous Employer, 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, 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 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, no later than fifteen (15) business days after 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.”

8. Article 9: Grievance, Section 9.3 is changed as follows:

Step 3. Corporate Step:

Corporate Vice President of Human Resources is changed to Director of USMS Operations, or designee.

mike.goodwin Typewritten text 1/17/2020 mike.goodwin Typewritten text 17th mike.goodwin Typewritten text January mike.goodwin

Collective Bargaining Agreement

Between

Akal Security, Inc.

And

Vermont Federal Court Security Officers Union (VFCSOU)

TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS 6

SECTION 1.1 PARTIES 6

SECTION 1.2 BARGAINING UNIT 6

SECTION 1.3 NEGOTIATING COMMETTEE 6

SECTION 1.4 UNION SECURITY 6

SECTION 1.5 8

SECTION 1.6 8

ARTICLE 2 SENIORITY 9

SECTION 2.1 SENIORITY DEFINED 9

SECTION 2.2 SENIORITY LISTS 9

SECTION 2.3 PERSONAL TIME 10

SECTION 2.4 TRANSFER OUT OF UNIT 10

SECTION 2.5 PROBATIONARY EMPLOYEES 10

SECTION 2.6 TERMINATION OF SENIORITY 10

ARTICLE 3 JOB OPPORTUNITIES 11

SECTION 3.1 FILLING OF VACANCIES 11

SECTION 3.2 SHARE-TIME POSITION EMPLOYEES 11

SECTION 3.3 LAYOFF AND RECALL 12

SECTION 3.4 TEMPORARY ASSIGNMENTS 12

SECTION 3.5 APPOINTMENT AND REMOVAL OF LEAD CSOs 12

ARTICLE 4 GOVERNMENT SUPREMACY 13

ARTICLE 5 GOVERNMENT CREDENTIALS REQUIRED 13

ARTICLE 6 NON-DISCRIMINATION 13

ARTICLE 7 MANAGEMENT'S RIGHTS 13

SECTION 7.1 ENUMERATED RIGHTS 13

SECTION 7.2 RETAINED RIGHTS 15

SECTION 7.3 EFFECT OF NLRA 15

ARTICLE 8 DISCIPLINE 15

SECTION 8.1 JUST CAUSE 15

SECTION 8.2 SERIOUS OFFENSES 15

SECTION 8.3 PROGRESSIVE DISCIPLINE 16

ARTICLE 9 GRIEVANCE 16

ARTICLE 9.1 INTENT 16

ARTICLE 9.2 GENERAL PROVISIONS .̂ 16

ARTICLE 9.3 GRIEVANCE PROCEDURE 16

ARTICLE 9.4 GRIEVANCE FOR DISCIPLINE , 17

ARTICLE 9.5 CLASS ACTION 17

ARTILCE 9.6 INDIVIDUAL GRIEVANCES 17

ARTICLE 9.7 BILATERAL RIGHT 18

ARTICLE 10 ARBITRATION PROCEDURE 18

ARTICLE 10.1 SELECTION OF AN ARBITRATOR 18

ARTICLE 10.2 DECISION OF THE ARBITRATOR 18

ARTICLE 10.3 ARBITRATION EXPENSE 19

ARTICLE 10.4 PARTIES' EXPENSES 19

ARTICLE 10.5 RESOLUTION OF GRIEVANCES 19

ARTICLE 10.6 DEFERRED CASES 19

ARTICLE 11 COMPENSATION AND FRINGE BENEFITS 19

ARTICLE 11.1 CALL IN PAY 20

ARTICLE 11.2 SHARE TIME PROATION 20

ARTICLE 11.3 WAGE SCHEDULE 20

ARTICLE 11.4 NIGHT SHIFT DIFFERENTIAL 20

ARTICLE 11.5 PERSONAL LEAVE 20

ARTICLE 11.6 BEREAVEMENT LEAVE 20

ARTICLE 1.7 JURY DUTY 20

ARTICLE 12 HEALTH, WELFARE AND UNIFORM ALLOWANCES 20

ARTICLE 12.1 HEALTH AND WELFARE 20

ARTICLE 12.2 OTHER BENEFITS 20

ARTICLE 12.3 UNIFORM MAINTENANCE 21

ARTICLE 13 VACATIONS 21

ARTICLE 13.1 ELIGIBLE FULLTIME EMPLOYEES 21

ARTICLE 13.2 ELIGIBLE SHARE TIME POSITION EMPLOYEES 21

ARTICLE 13.3 SCHEDULING VACATIONS 21

ARTICLE 13.4 UNUSED VACATION 22

ARTICLE 13.5 PAY IN LIEU OF VACATION LEAVE 22

ARTICLE 13.6TERMINATING EMPLOYEES 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 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 15.4 OVERTIME DISTRIBUTION 24

ARTICLE 15.5 TIMEKEEPING POLICY 24

ARTICLE 15.6 REST PERIODS AND MEAL PERIODS 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

ARTICLE 16.4 COURTHOUSE CLOSURE 25

ARTICLE 17 UNPAID LEAVES OF ABSENCE ' 25

ARTICLE 17.1 LIMITATIONS 25

ARTICLE 17.2 MEDICAL LEAVES 25

ARTICLE 17.3 MILITARY LEAVE 26

ARTICLE 17.4 UNION LEAVE 26

ARTICLE 17.5 PROCESSING UNPAID LEAVES OF ABSENCE 26

ARTICLE 18 MISCELLANEOUS PROVISIONS 27

ARTICLE 18.1 BULLETIN BOARDS 27

ARTILCE 18.2 PHYSICAL EXAM I NATIONS 27

ARTICLE 18.3 TRAVEL EXPENSES 27

ARTICLE 18.4 BREAK ROOMS 28

ARTICLE 18.5 LOCKERS .̂̂ 28

ARTICLE 18.6 UNION BUSINESS PROHIBITED ON DUTY...l:̂ l*..."±r. 28

ARTICLE 18.7 SAFETY POLICY 28

ARTICLE 18.8 OSHA STANDARDS 28

ARTICLE 19 29

ARTICLE 19.1 NO STRIKES 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 and entered into by and between AKAL SECURITY, INCORPORATED, a

New Mexico corporation, hereinafter referred to as the "Company," and VERMONT FEDERAL

COURT SECURITY OFFICERS UNION (VFCSOU), 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 and share-time federal Court Security Officers

(CSOs), Lead Court Security Officers (LCSOs), Senior Lead Court Security Officers (SLCSOs), Special Security Officers (SSOs), Lead Special Security Officers (LSSOs), Senior Lead Special

Security Officers (SLSSOs) employed by the Company at the following location(s):

Circuit: 2nd Circuit

District: District of Vermont

Jobsite(s): Various Sites State-Wide 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 in collective bargaining negotiations.

SECTION 1.4 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 ten (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.

(a) 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 Company and provide proof of notice. If such fee and/or dues are tendered within ten (10) days after the employee receives this notification from the Company, his/her dismissal under here shall not be required. If termination is administered under this provision, the reason will be given in writing. Termination will not occur if there is an ongoing dispute between the effected Employee and the Union. The Company 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

1. 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.

2. 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, on account of any matter relating to the 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 Section 1.4 may result in mandatory payment of back fees, dues and costs may be levied and/or disciplinary action up to, and including, termination.

SECTION 1.5 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 properly relieved to attend to the grievance procedure as outlined in this

Agreement.

At an Employee's request, the Company will call for a union representative prior to any discussion with an employee that may reasonably be expected to lead to disciplinary action.

The 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 Company.

The union representative shall be paid 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.

SECTION 1.6 DUES CHECKOFF

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 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 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 legally do so. The Company will be advised in writing, by the

Union, as to the dollar amount of the Union membership dues.

The Company will remit all such deductions to the Financial Secretary/Treasurer/Business Agent within ten (10) business days from the date that the 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 current routing 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) 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 are paid over to the Union. Errors made by the Company 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 Company'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 CSO, LCSO, SLCSO, SSO, LSSO and

SLSSO, including any member assigned to The Courts, US Probation Offices, and US Attorney's

Offices for the Employer, past or present and/or any predecessor Employer. 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 purpose of shift bidding, vacation schedules, holidays, extra work and overtime, seniority shall be site specific. For the purpose of Layoff and recall, seniority is extended to the entire local.

Once a year, in the month of October, full-time Employees at each location shall, at the request of the local, bid their shift schedules among designated full-time assignments in order of seniority. Shift bidding may not lead to any change in status from fulltime to shared position of vice versa.

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 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 company 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 Company 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

Probationary Employees will be considered probationary for a one hundred and eighty (180) calendar day period after their hire 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, at 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. 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 lyear;

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 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 three (3) 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 and who are not scheduled to work during that three (3) 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's Unit Vice-President of such openings. The Union's Unit Vice-President will then verify that all CSOs 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 2 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 Company and the Union.

SECTION 3.2 SHARE-TIME POSITION EMPLOYEES

The company shall provide CSO coverage by using a combination of full-time positions and share-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 (2) CSO's for a combined total of 40 hours per week; however, each share time CSO may be scheduled up to 40 hours/week. The

Company is required to use share-time position CSO's to: (1) provide full staffing level coverage;

(2) increase security levels as needed; and (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 Akal Shared Officer

Agreement.

In order to avoid being called in, a share-time employee must have leave available and must submit a leave request. If the share-time employee is not called on the requested day off, the Company will void the leave request. The employee may request a copy of the voided leave request form from the District Supervisor.

SECTION 3.3 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. 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.

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 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 and its Appendices. 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 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 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 3.5 APPOINTMENT AND REMOVAL OF LEAD CSOs

The U.S. Government, in its contract with the Company, 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 Company. Suitability shall include an employee's qualifications, skills, past performance, and the legitimate needs of the operation. The Company shall fairly evaluate and select the most qualified candidates. In the event that two or more candidates are equally qualified, the Company will select the most senior candidate.

ARTICLE 4 GOVERNMENT SUPREMACY

The Company 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.

ARTICLES GOVERNMENT CREDENTIALS REQUIRED

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.

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 contractual, to the preclusion of all other remedies and forums, judicial administrative and otherwise, shall be the grievance and arbitration procedures detailed in Articles 9 & 10 of this Agreement.

ARTICLE 7 MANAGEMENT'S RIGHTS

SECTION 7.1 ENUMERATED RIGHTS

The Company 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 Company, 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, 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 share-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 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, control, and use of all 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;

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 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 any function reserved to it shall not be deemed a waiver of any such rights.

SECTION 7.3 EFFECT OF NLRA

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).

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 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 and the Company shall be held harmless from any lawsuits resulting by the employee and the Union.

SECTION 8.2 SERIOUS OFFENSES

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 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.

ARTICLES GRIEVANCE

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. Either party to this CBA my file a Grievance under this Article.

SECTION 9.2 GENERAL PROVISIONS

The number of days outlined in Section 9.3 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 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 (not in the bargaining unit), within ten (10) 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 Employee or the supervisor deems it desirable, a Weingarten representative will be called in.

2. Local Step

If the matter is not resolved informally, the Employee shall, not later than ten (10) days after the informal discussion with the immediate supervisor, set forth the facts in writing on an agreed form, specifying the specific Article(s) and paragraph(s) allegedly violated and the nature of the alleged violation. This form shall be signed by the aggrieved Employee and a separate Union representative and shall be submitted to the Contract Manager or his designee 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 designee denies the grievance or does not respond within ten (10) days, the aggrieved

Employee must timely advance the grievance to the next step.

3. Corporate Step

If the grievance 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 later than fifteen (15) days from the denial by the Contract Manager or designee. The Vice President of Human Resources or designee will have fifteen (15) 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

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 DISCIPLINE

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

Site Supervisor or designee within fifteen (15) days after the occurrence of the facts giving rise to the 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 at the Informal Step of the grievance procedure.

SECTION 9.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration.

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 Article 10.

ARTICLE 10 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 9.3 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 SELECTION OF AN ARBITRATOR

Within fifteen (15) days providing written notice of its desire to proceed to arbitration, the

Union will request that the Federal Medication and Conciliation Service (FMCS) to supply 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.

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, or unless mutually agreed by the parties.

The decision of the arbitrator will normally be rendered within thirty (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 decision shall be complied with, without undue delay, after the decision is rendered. Any award of back pay may not commence more than ten (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 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.

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 Company, these costs will be shared equally between the Company 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 Company may settle any grievance by providing the relief requested in the grievance or the amount of 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 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 9.3. (3) beginning with the Corporate Step of the Grievance procedure

Article 9.

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

Reemployment Rights Act of 1994.

Agreed compensation rates, fringe benefit entitlements and options, and associated policies and procedures are described in the attached Compensation and Fringe Benefit addendum.

SECTION 11.1 CALL IN PAY

An employee who is called into work or who reports to works as scheduled without having been notified not to report to work shall be paid four (4) hours of call in pay at their regular rate of pay.

SECTION 11.2 SHARE TIME PRORATION

All proration of share time employee's hours will be based on hours paid.

SECTION 11.3 WAGE SCHEDULE

See attached Appendices.

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.

SECTION 11.7 JURY DUTY

See attached Appendices.

ARTICLE 12 HEALTH, WELFARE AND UNIFORM ALLOWANCES

SECTION 12.1 HEALTH AND WELFARE PAYMENTS

See attached Appendices. ALSO-See M.O.U. signed 10/21/18.

SECTION 12.2 OTHER BENEFITS

The Employer may choose to offer additional fringe benefits to all Court Security Officers employed by the Company.

SECTION 12.3 UNIFORM MAINTENANCE

The Employer will pay the Employee an allowance on 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 used to fund plan benefits except by mutual agreement of the Union and the

Company. These terms apply to any successor to this CBA.

See Appendices for Uniform Allowance rates.

The Employer will provide all cold and inclement weather gear who are assigned to outside posts as is authorized in writing and funded by the USMS. Consistent with its USMS contract, the company will allow employees a choice of a coat or blazers every two years. The company will issue uniforms on an annual basis.

ARTICLE 13 VACATIONS

SECTION 13.1 ELIGIBLE FULL TIME EMPLOYEES

Eligibility for vacation benefits shall be based on Department of Labor (DOL) rules under the

Service Contract Act. Eligible full-time Employees shall be entitled to annual vacation based on their continuous years of service in the CSO program (based on the Employee's anniversary date of employment as a CSO or SSO) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule.

See attached Appendices.

SECTION 13.2 ELIGIBLE SHARE TIME POSITION EMPLOYEES

Eligible share timed position Employees shall be entitled to pro-rated vacation per the schedule contained in the attached appendix, based on their individual hourly rate, the number of hours paid in the previous year, and the Employee's anniversary date.

Any Employee who works a full anniversary year, in part as a full-time position Employee and in part as a share timed position Employee, shall receive prorated vacation benefits for that year as calculated above (per the Service Contract Act).

SECTION 13.3 SCHEDULING VACATIONS

Vacations, insofar as is reasonably possible, shall be granted at the times most desired by the

Employee, after the Employee's anniversary date.

See attached Appendices.

SECTION 13.4 UN USED VACATION

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service shall be paid in cash to the Employee.

SECTION 13.5 PAY IN LIEU OF VACATION LEAVE

At any time during the year, Employees may request in writing to be paid for earned vacation, pay in lieu of taking actual vacation leave. Earned vacation pay will be paid in the next pay cycle.

Employees who cash out vacation time are NOT entitled to participate in the vacation bidding process. Employees who cash out their vacation may NOT take vacation during the year unless approved by the company under the guidelines of Leave-With-Out-Pay. (LWOP)

SECTION 13.6 TERMINATING EMPLOYEES

Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract

Act. (Example: An Employee who terminates one month into the next anniversary year is entitled to any of the previous year's earned accrued vacation not already used, but not entitled to the additional month of vacation accrued in the new anniversary period).

SECTION 13.7 VACATION - LAID OFF EMPLOYEES

Length of service with the Employer shall accrue for the purposes of vacation benefits while an

Employee is on laid-off status for up to one (1) year. Employees will only be paid vacation benefits upon returning to work.

SECTION 13.8 VACATION INCREMENTS

Consistent with Employer approval, efficiency, and economy of operations, Employees with two

(2) or more weeks of vacation may take their vacation in segments of less than one (1) week each. Vacation may be taken in no less than four (4) hour increments.

ARTICLE 14 HOLIDAYS

SECTION 14.1 HOLIDAYS DEFINED

See attached Appendices. .

SECTION 14.2 MISCELLANEOUS HOLIDAY PROVISIONS

A. A full-time position Employee who is not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift premium for that holiday.

B. Any full-time position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight

(8) hours holiday pay at the straight time rate as described in Section 14.2a above.

C. A share timed position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee is paid during the two (2) week pay period in which the holiday occurs. Proration is based on available full-time hours worked during the pay period. A share timed position Employee shall be granted a minimum of four (4) hours pay per holiday.

D. Any shared position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight

(8) hours holiday pay at the straight time rate, exclusive of any shift premium for that holiday.

E. In the event that the Holiday falls on a weekend, the term "holiday" will refer to the day the U.S. Government designates as the Holiday. Those employees scheduled off on the U.S.

Government designated Holiday, who work the actual Holiday, shall receive Holiday Pay as per Section 14.2b and 14.2d.

ARTICLE 15 HOURS OF WORK AND OVERTIME

SECTION 15,1 WORKDAY AND WORKWEEK

For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shifts shall be designated at the discretion of the Employer to fulfill the needs of the U.S. Government.

Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week.

SECTION 15.2 OVERTIME

An overtime rate of time and one-half (1 1/2) of an Employee's base rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 15.3 OVERTIME REQUIREMENT

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the Employee shall be required to do the work, unless the

Employee is excused by the Company for good cause.

SECTION 15.4 OVERTIME DISTRIBUTION

Overtime will be distributed as equitably and fairly as practicable among Employees.

SECTION 15.5 TIMEKEEPING POLICY

Employees will comply with the company's Timekeeping Policy and required reporting.

SECTION 15.6 REST PERIODS AND MEAL PERIODS

There shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each eight (8) hour shift. These rest periods require that the Employee be properly relieved before leaving their post. One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. On occasion, due to exceptional work requirements, Employees may have to work through their unpaid lunch breaks and/or paid rest periods, and, if so, they will be compensated at the appropriate rate of pay. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement. If an Employee is required to work through their lunch break, that employee shall notify their Supervisor prior to the end of their shift.

ARTICLE 16 WORK SHIFTS AND PAYMENT POLICIES

SECTION 16.1 PAYDAY

Payday for all hourly Employees will be after 11 a.m. on Friday following the two (2) week pay period ending on Saturday, subject to change by mutual agreement.

Employees will be paid by direct deposit, except where precluded by applicable law. Pay stubs will be available via e-hub to all employees.

SECTION 16.2 UNDISPUTED ERROR

Neither the Company nor the Employee will be allowed to go back more than twenty-four (24) months to audit, adjust, or correct undisputed errors involving vacation pay, sick / personal leave pay, or salary issues unless required to do so by order of the Government. If an error is found, the employee shall be notified in writing prior to any deductions from his/her paycheck.

In case of an undisputed error on the part of the company as to an Employee's…