Current CBA_FINAL SIGNED.pdf

Bering Global Solutions, LLC

AND

THE LAW ENFORCEMENT OFFICERS SECURITY

UNIONS (LEOSU-DC) a division of LEOSU affiliated with the Law Enforcement Officers Security & Police Benevolent Association

(LEOS-PBA)

DOT / FAA - EFFECTIVE AUGUST 24, 2023 to

AUGUST 23, 2026

Contents

ARTICLE I – RECOGNITION

ARTICLE Il - PROBATIONARY PERIOD

ARTICLE III – MEMBERSHIP

ARTICLE IV - MANAGEMENT RIGHTS

ARTICLE V - UNION REPRESENTATION

ARTICLE VI - UNION STEWARDS

ARTICLE VII - FAIR EMPLOYMENT PRACTICES

ARTICLE Vlll - CLASSIFICATIONS

ARTICLE IX - WAGES AND BENEFITS

ARTICLE X - HOURS OF WORK and WORK SCHEDULES

ARTICLE XI - TEMPORARY ASSIGNMENT

ARTICLE XIl - CALL lN & REPORTING PAY

ARTICLE XIII - HOLIDAYS

ARTICLE XIV -SICK/PERSONAL LEAVE BENEFITS

ARTICLE XV -VACATIONS

ARTICLE XVI -BEREAVEMENT

ARTICLE XVII- LEAVE OF ABSENCE

ARTICLE XVIII - SENIORITY & LAYOFFS

ARTICLE XIX - HOLDOVER

ARTICLE XX - VOLUNTARY QUITS

ARTICLE XXI - DISCIPLINE & DISCHARGE

ARTICLE XXII- GRIEVANCE PROCEDURES

ARTICLE XXIII - ARBITRATION PROCEDURES

ARTICLE XXIV -TRAINING AND REQUALIFICATION

ARTICLE XXV - UNIFORMS & GROOMING

ARTICLE XXVI - BULLETIN BOARD

ARTICLE XXVII - COURT APPEARANCE

ARTICLE XXVIII - INCLEMENT WEATHER

ARTICLE XXIX-GENERAL PROVISIONS

ARTICLE XXX - NO STRIKE

ARTICLE XXXI -DRUG AND ALCOHOL POLICY

ARTICLE XXXII -SAVINGS CLAUSE

ARTICLE XXXIlI -SCOPE OF AGREEMENT

ARTICLE XXXIV AS SUCCESSORS AND ASSIGNS

ARTICLE XXXVI - DURATION OF AGREEMENT

APPENDIX “A”

Wage Schedule Health & Welfare:

Pension Hold Over Policy

APPENDEX “C”

Disciplinary Guide Grid (Tardy and Absence)

APPENDIX "D"

Union Checkoff Card

THIS AGREEMENT is made and entered into this first day of August 24, 2023, by and between Bering Global Solutions, LLC and its subcontractor covering its Uniformed Security Officers at the following locations:

U.S. Federal Aviation Administration, 800 independence Avenue, S.W.

U.S. Federal Aviation Administration. 600 Independence Avenue, S.W.

U.S. Department of Transportation, 1200 New Jersey A venue, S.E.

U.S. Department of Transportation, 1201 4th Street, S.E.

and its successors, hereinafter referred to as the "Employer", or the "Company", and the bargaining agent certified by the National Labor Relations Board, the Law Enforcement Officers Security Unions LEOSU-DC a division of LEOSU affiliated with the Law Enforcement Officers Security & Police Benevolent Association LEOS-PBA hereinafter referred to as the "Union".

ARTICLE I – RECOGNITION

The Employer hereby recognizes the Union as the exclusive bargaining representative with respect to rates of pay, hours of work, and other conditions of employment for all full-time and part-time security officers, employed by the Employer, but excluding all other employees, and management staff including but not limited to Officers and Directors of the Employer, the Project Manager, Deputy Project Manager, Facility Commanders (Major), Shift Supervisors (Lieutenants) and Command Center Supervisors (Lieutenants), support staff, and all non-guard employees and any other supervisors as defined in the National Labor Relations Act.

The above location is hereinafter referred to as" site".

ARTICLE II - PROBATIONARY PERIOD

Any employee newly hired to the contract, or employee rehired after termination of their seniority, shall be deemed to be on probation for a period of ninety (90) calendar days. After he/she has worked such period, the employee shall gain seniority status and his/her seniority date shall revert to the first day the employee earned wages from the Employer for employment at his/her site. During the probationary period, employees shall be subject to discipline or discharge at the discretion of the Employer without recourse to the grievance and arbitration procedures. All other provisions of this Agreement are applicable to Probationary Period employees.

The Company shall notify the Union on a monthly basis of all new employees hired and of all employees terminated, setting forth their address, job classification and department/site, as well as any union dues or agency fees paid; current wage rates; any medical, military, family or other leave. These reports, including personal data of officers, shall be delivered directly to the Union and not provided to any shop steward or other on-site representative.

The Employer shall have the right to hire temporary employees to man TAS positions, who shall be excluded from the seniority provisions of Article XIX of this Agreement, for a period not to exceed in the aggregate three (3) months when requested to do so by the government in writing and when the employees are so informed at the time of hire. The said three (3) month period referred to in the preceding sentence may be extended at the written request of the government.

ARTICLE III – MEMBERSHIP

Section 1: Definition

A. All employees who are members of the Union on the effective date of this Agreement, or voluntarily join thereafter, shall maintain their membership, or satisfy the financial obligations set by the Union during the term of this Agreement as a condition of continued employment. All employees covered by this Agreement who are not members of the Union and choose not to become members of the Union shall, as a condition of continued employment, pay to the Union an agency fee as established by the Union.

An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, whichever employed under, and for the duration of, this Agreement.

B. Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S.

Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v.

Communications Workers of America, 487 U.S. 735 (1988).

C. Upon notice from the Union, employees who fail to pay such dues or agency fees shall be given thirty (30) days’ notice by the Employer. If any employee, within the thirty (30) day period, fails to tender the required dues or fees, the employee shall be removed from the contract covered under this Agreement.

D. Employees who are members of a bona fide religion that has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union. Instead, they shall be required to pay to the Union an equivalent sum which the Union shall donate to non-religious charitable institutions exempt from taxation under Section 50l (c) of the Internal Revenue Code.

E. All officer’s hereafter employed by The Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

Nothing in this paragraph prohibits an officer from refraining from participation in the Union so long as such officer pays the requisite agency fees as described in paragraph A of this Section.

Section 2. Dues Deduction

The Employer shall deduct such dues, initiation fees and/or agency fees bi-weekly from the pay of all employees covered by this Agreement who provide individually signed authorizations incorporated herein as Appendix D with all terms and conditions enforceable under this Agreement. The Employer shall tender such deductions to the Union by the fifteenth calendar day of the month. The Employer shall also provide, on a monthly basis, the name, address, current wage rate, local union number and job classification of each employee, any change of status of any bargaining unit employee such as medical leave, military leave, promotion out of the bargaining unit, termination, FMLA leave, and the amount of dues or agency fees deducted following the date that this Agreement becomes effective.

The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

Section 3. Employer Indemnification

It is expressly understood: that the Employer assumes no obligation, financial or otherwise, other than honoring legitimate, voluntary payroll deduction authorization cards, arising out of the provisions of this Article; that the Employer assumes no liability in connection with the voluntary deductions of unit employee dues or agency service fees; and that the Union shall indemnify and hold the Employer harmless from and against, any and all claims, demands, lawsuits, damages, grievances, arbitrations, awards, attachments, or other proceedings, including the cost of defending against any such actions, arising out of or by reason of any action taken by the Employer for the purpose of complying with any of the provisions of this Article III, including, but not limited to, Article Ill, Section 3.

In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice.

The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that officer.

Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

Section 4. EEOC Statement

EQUAL EMPLOYMENT OPPORTUNITY

The Employer and the Union agree that the provisions of this Agreement shall be administered without regard to race, color, creed, religion, national origin, sex, age, marital status, citizenship status, physical or disability, or other protected classification under District of Columbia law or Federal law, including but not limited to, the Civil Rights Act of 1964, as amended. There also shall be no discrimination because of employee involvement in, or refraining from, participating in Union activities except as required by Article Ill of this Agreement. The Employer will provide appropriate, reasonable accommodation to the extent feasible, and provided that there is no undue hardship to the Employer to do so, to enable an otherwise qualified employee with a disability to perform all the essential functions of that position.

ARTICLE IV - MANAGEMENT RIGHTS

The Parties recognize that the Employer has the obligation to serve DOT efficiently and provide all the security that is required to meet its contractual mandate. The Parties further recognize the right of the Employer to operate and manage its onsite contract operations and the right of the Employer to operate and manage its own operations. Except for those matters addressed in the agreement, the company reserves the sole and exclusive authority to draft, issue, implement, revise, enforce and withdraw reasonable rules of conduct and reasonable regulations as the company deems necessary. Such functions, rights and responsibilities vested exclusively in the Employer include, but are not limited to:

• Require standards of performance;

• to maintain order and efficiency;

• to direct employees;

• to determine job assignments:

• to judge skill, ability, and physical fitness;

• to determine the materials and equipment to be used;

• to implement improved operational methods and procedures, and to maintain the efficiency of employees;

• to determine staffing requirements and the size and composition of the workforce;

• to determine the kind and location of facilities;

• to determine whether the whole or any part of the operation shall continue to operate;

• to select and hire employees;

• to promote and transfer employees;

• to reprimand, suspend, demote, discharge, or discipline employees with cause;

• to maintain discipline and efficiency of employees;

• to create, eliminate, or consolidate job classifications;

• to lay off employees for lack of work;

• to recall employees;

• to administer DOT policies related to the performance of its contract;

• to make or change operating rules, regulations, policies, and practices to manage its operations to obtain and maintain full operating efficiencies and optimum service to

DOT.

ARTICLE V - UNION REPRESENTATION

The Union's representative and/or their designees shall not be denied access to the Employer's work site for the purpose of considering matters covered by this Agreement. The Union's business representative shall not engage in any activities, which interfere with the work of any employee covered by this Agreement, including, but not limited to, any activity that requires an officer to leave his or her post during their scheduled duty hours. If Employer cannot provide unit employee with a designated representative more familiar with their situation, in the absence or unavailability of the designated representative, any other Union-designated representative chosen by the employee may represent unit employees.

ARTICLE VI - UNION STEWARDS

The Union shall designate no less than one (1) steward for each shift at the location. A representative must obtain permission from his or her immediate supervisor before leaving the workstation to conduct Union business. However, permission to leave a workstation will not be unreasonably denied. Stewards shall not interfere with the management of the business or direct the work of any employee. Union Representatives requested to attend disciplinary actions imposed by management outside of the duty hours of the Representative shall be paid for time spent attending such disciplinary actions at their regular duty base wage rate up to a total of forty (40) hours straight time pay per calendar year. During working hours the Employee may request the presence of a union representative to attend disciplinary actions.

Union Representatives may request and receive upon prior approval of management forty

(40) hours per calendar year of unpaid leave for the sole and specific purpose of attending union conferences and/or conventions. As such, union representatives shall provide Employer two-week prior notice of any union conferences and/or conventions that they wish to attend. In such cases where notice is properly provided, Employer will grant the unpaid leave request unless directed not to grant such leave by DOT or such leave would unreasonably interfere with the day-to-day operations of the work-site (i.e. management is unable to staff open posts despite the receipt of two-weeks prior notice). Proof of attendance of such union conferences and/or conventions must be submitted to management who shall retain the right to determine the sufficiency of such proof.

Stewards have no authority to call or direct strikes or authorize other economic action against the Employer. The authority of Stewards shall be limited to the investigation and representation of grievances in accordance with the provisions of this Agreement and the transmission of such messages and infom1ation which shall originate with and are authorized by the Union or its officers. Union Representatives will be limited, in the aggregate, to four (4) hours per pay week of administrative leave (to be paid by the Union) to conduct their on-site duties; said time to be coordinated with the Project Manager or his/her designated representative.

ARTICLE VII - FAIR EMPLOYMENT PRACTICES

No Discrimination

Neither the Employer, nor the Union, shall discriminate against any employee on the basis of race, color, creed, sex, age, religion, national origin, union activity, veteran's status, marital status, citizenship status, disability or other protected classifications under DC or Federal Law. There also shall be no discrimination because of employee involvement in, or refraining from, participating in Union activities except as required by Article [Ill] of this Agreement. No Employee will be subjected to forced labor.

In accordance with the District of Columbia Human Rights Act of 1977, as amended, the District of Columbia and employers cannot discriminate on the basis of (actual or perceived):

• Race

• Color

• Sex (including pregnancy)

• National Origin

• Religion

• Age

• Marital Status

• Personal Appearance

• Sexual Orientation

• Gender Identity or Expression

• Family Responsibilities

• Matriculation

• Political Affiliation

• Genetic Information

• Disability

Sexual harassment and harassment based on other protected categories is prohibited by the Act.

ARTICLE Vlll - CLASSIFICATIONS

Regular Full-time employees are those employees who are regularly scheduled to work thirty-two (32) hours to forty (40) hours per work-week. No full time Employee shall be reduced to part time without mutual consent.

1. Regular Part-time employees are those employees who are regularly scheduled to work less than thirty-two (32) hours per work-week. Employees covered by this Agreement shall not be required to do any work outside of the scope of "Security Officer and shall not be required to do any supervisory work without mutual consent.

Such supervisory assignment shall be based on seniority.

2. The following classifications shall be added to this Agreement

a. Full-time

b. Part-time

c. Part-time on call

d. Back up supervisor

Stand-by – Sign-up in advance at least 2 weeks before and they are guaranteed 4 hours.

Least amount of hours first then by seniority.

ARTICLE IX - WAGES AND BENEFITS

• All employees shall receive no less than the minimum wage rate as set forth in the scheduled job titles and wage rates reflected in Appendix "A" of this agreement.

• Wages shall be paid bi-weekly on the Friday of the week following the end of the pay period.

• All other payments besides the regular bi-weekly payroll schedule shall be made on a separate check.

• Payment adjustments for payroll discrepancies shall be made on the following payday if the amount if the amount is less than 8 hours or within 48 hours if the amount is 8 hours or more.

Nothing shall prohibit the Employer from making an emergency payment.

ARTICLE X - HOURS OF WORK and WORK SCHEDULES

Section 1. Work Hours:

• Employees' workweek shall commence at 0000 hours on Sunday and conclude at

2400 hours Saturday.

• The regular workweek shall consist of forty (40) hours.

• Employee shall be paid 15 minutes of gear up (guard mount) prior to shift and 8 minutes gear down after each shift for a total of 23 minutes gear up / gear down per shift worked.

That time incudes roll-call. Employee who is retained on the shift to complete guard mount activity for any reason shall be compensated for that time.

• An employee who is scheduled or called into work and reports for duty and there is no work will be paid a minimum of four (4) hours.

• No employee shall be transferred to another shift or agency except by mutual consent unless circumstances beyond the reasonable control of the Employer require such a transfer or the government directs such a transfer.

Section 2. Schedules:

• The Employer shall post employees' permanent schedules in a designated area.

• The normal work shift will consist of four (4), six (6), eight, (8), ten (10), to twelve (12), consecutive hours of work.

• A shift bid committee shall be established to review schedules at the request of either party.

• Schedules for extra hours, overtime and holidays, shall be based on seniority and will be posted at least two (2) weeks in advance except in circumstances beyond the Employer's control.

• As regular positions open, notice shall be posted at each work-site. Employees will have five (5) calendar days to bid. First preference shall be given to the individual bidder with the most seniority except in circumstances beyond the Employer's control or if ordered to select an alternative bidder by the government. Once the open schedule has been awarded to the most senior officer, he/she will not be allowed to bid for open schedules for a minimum of three (3) months unless an overall re-bid for schedules takes place.

Subsequent openings created as result of bidding open schedules are available for the employees to bid and will be posted/ bid up to three (3) iterations. Thereafter the company may staff openings as needed.

• In the event that multiple schedules are modified, added or contracted by the Employer, a contract wide re-bid will be conducted, based on employees' seniority.

• In the event the Employer deems it necessary to remove an employee(s) from a post(s), every reasonable effort shall be made to assign employee(s) the same hours in which they normally work. The Employer will assign employees in a manner that will not unduly disrupt established child care arrangements or family obligations.

• The Employer will make every reasonable effort to establish a system of post rotation between sitting and standing posts.

Section 3. Breaks:

• Employees will receive a fifteen-minute paid break for every four hours worked.

• Employees working a minimum eight-hour shift shall receive a thirty-minute unpaid lunch break in addition to their paid breaks. If the Officer so chooses Officers will be allowed to unarmed and leave the worksite, during unpaid lunch break.

• Employees requesting emergency breaks will be relieved as soon as possible. Nothing in this Article shall be construed as a guarantee of work, work opportunities, shifts, or hours, except as otherwise expressly provided in this Agreement.

Both the Employer and the Union shall explore putting in lockers to store guns on lunch.

Section 4. Overtime:

Overtime is any work time, which exceeds forty (40) hours in a workweek.

• Overtime is to be paid at the rate of one and one-half (1.5) times base wage rate set forth in APPENDIX A of this Agreement.

• No Paid Leave or paid time off of any nature, including, but not limited to, Paid Leave and Vacation Leave, shall be counted as hours worked in the calculation of overtime.

• The opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances, and must be authorized in advance by the Employer.

• Overtime will be awarded to the bidding employee with the most seniority. In the event that officers bidding have the same seniority date, the overtime will go to the officer that was first in placing their bid.

• Overtime caused by training and/or vacation schedules shall be assigned in accordance with the sign-up sheet and posted.

• When the Employer has an exigent need to provide coverage to support DOT requirement, the Employer shall have the right to require unit employee who normally performs the work to remain on duty until relieved and/or to require an available unit employee to provide such coverage as conditions warrant and in accordance with Appendix B.

ARTICLE XI - TEMPORARY ASSIGNMENT

• The Employer may temporarily assign an employee from a lower to a higher classification. The employee will receive the base compensation for the higher classification.

• An employee assigned to work in a lower classification will not have his rate of pay reduced.

• No employee's schedule shall be modified without two (2) weeks prior notice, except in circumstances beyond Employer's control or where the Government so directs the Employer.

• When an officer is promoted to a temporary or fill-in position, the promotion will become permanent after ninety (90) days.

• When transferred outside the Bargaining Unit, for ninety (90) days or less, employees will keep all contractual benefits upon return.

• No permanent Supervisor shall do bargaining unit work unless in an emergency situation.

ARTICLE XIl – CALL-lN & REPORTING PAY

An employee will notify an on-duty supervisor at least four (4) hours prior to his/her scheduled start time, if calling off of work, unless an emergency or an uncontrollable situation occurs and it becomes impossible for the employee to make the call within the four (4) hour time frame.

The Employer will notify the employee to be held over within fifteen (15) minutes of knowing about the call out. The Employer will furthermore confirm the call out three hours prior to start time.

An employee who has been called in to work outside his regular work schedule and has not been advised not to report by the Employer at least two (2) hours prior to scheduled start time, shall receive a minimum of four (4) hours pay at his/her regular straight-time hourly rate.

To facilitate this Article, it shall be the employee's obligation and responsibility to inform Employer in writing of any change to their phone number and contact information as necessary.

ARTICLE XIII - HOLIDAYS

Section 1. Holidays

A. The Employer shall grant to all regular full-time and regular part time employees who are in active status and not on a leave of absence, the following holidays off with pay (or pay in lieu thereof, if normally scheduled to work that day). Holiday pay shall be paid as specified in Section 2.

New Year’s Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

B. In the event that the President proclaims a holiday by Executive Order closing the federal government, employees scheduled for duty who have not called-off nor scheduled or requested leave, and subsequently are directed not to report for duty or sent home as a direct result of the issuance of such an Executive Order will receive pay for the hours they are unable to work at their regular base wage rate up to the number of hours they were scheduled to work on that day.

C. The eleven (11) holidays shall be paid for regardless of the day of the week on which they fall.

Section 2. Holiday Pay

1. An Employee that works on a holiday shall receive eight (8) hours holiday pay in addition to his / her regular pay.

2. Full time Employees that were not scheduled to work the holiday shall receive eight

(8) hours holiday pay as long as they had worked their last scheduled day before the holiday and their first scheduled day after the holiday. If Employee is scheduled to work holiday and calls off, employee will not be paid holiday pay.

3. Part-time Employees that were not schedule to work the holiday shall receive prorated holiday pay based on the average hours worked during the two (2) previous weeks to the holiday week.

Holiday pay will be disbursed in the paycheck immediately following the holiday. Holiday pay is straight time pay at the then current base wage rate. Part-time employees shall receive prorated holiday pay.

Employment statues Hours Worked Per Week

Holiday Hours Paid

Full Time are employees work 32 hours per week: 32+ 8

Part Time are employees who work less than 32 hours per week

31-21 4 21-11 2 11-1 1

When payday falls on one of the ten (10) holidays, as set forth in Section I of this Article, the Employer shall have all employees paid on the work day prior to the holiday.

Section 3: Holiday Work Sign-Up Program

The Employer shall provide a holiday work sign-up sheet to allow officers to volunteer to work on a holiday. Officers that volunteer to work the holiday who's regularly scheduled day falls on that holiday shall have first right to work, followed by other volunteering officers' seniority.

When there are more than enough employees that are normally scheduled to work that day that volunteer, seniority will be the deciding factor. When enough employees do not volunteer to sign-up for holiday work, the Employer maintains the right to schedule employees who’s regularly scheduled workday falls on the holiday as needed to staff all available posts and will do so using a complete rotation of the Officers that are normally scheduled to work the day of the holiday before an officer is repeated. The final holiday work schedule will be posted two

(2) weeks prior to the holiday.

ARTICLE XIV - SICK/PERSONAL LEAVE BENEFITS

Employees shall accrue one (1) hour of paid sick leave for every 30 “hours worked” on or in connection with a covered contract.

An employee is permitted to accrue up to 56 hours of paid sick leave in each accrual year.

Paid sick leave will carry over from one accrual year to the next, however, the maximum amount of paid sick leave an employee may have available at any point is 56 hours. Once the 56 hour maximum is reached, no further paid sick leave will accrue until the amount falls below the maximum.

Sick leave may be used for any of the following reasons:

• for an employee’s own physical or mental illness, injury, medical condition;

• when an employee needs to obtain diagnosis, care, or preventative care;

• to care for a child, parent, spouse, domestic partner, or “any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” who has an illness, injury, medical condition, or who needs to obtain diagnosis, care, or preventative care; or for domestic violence, assault, or stalking situations resulting in an illness, injury or medical condition or the need for obtaining diagnosis, care, or preventative care, or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action for the employee or one of the above-listed individuals in domestic violence, assault or stalking situations.

Employees will receive information about the amount of paid sick leave the employee has accrued but not used each pay date.

A leave request must be made at least seven (7) calendar days in advance where the need for the leave is foreseeable, and in other cases as soon as is practicable, so as not to unduly disrupt operations.

The employee will be required to provide certification for absences of three or more consecutive full days.

Where applicable, paid sick leave shall run concurrently with FMLA, and all other leaves.

Accrued but unused paid sick leave has no cash value and will not be paid out at termination.

Unused sick leave may be carried over from year to year, however is limited to fifty-six (56) hours at any point in time.

ARTICLE XV - VACATIONS

Regular full-time employees shall receive vacation based on the amount of years of active service that they have on the DOT Security Contract. Regular part-Time employees shall accrue vacation on a pro rata basis based on their active, continuous part-time service.

Vacations may be scheduled at any time during the year with the Employer. Employees shall select their vacation period according to their seniority, subject to the Employer's coverage needs and approval. Employees must request vacation leave at least two (2) weeks in advance from the Shift Supervisor. No more than 4 officers from each building DOT/FAA shall take off at any given time.

Employees may request a vacation payout at any time following the employee's anniversary date with a written request at least two (2) weeks prior to the date of the pay period that the pay is desired. All unused paid vacation Leave shall be paid to employees by a separate check in the first payroll. Vacation time must be taken within the anniversary year that it was received. The amount of vacation leave available to a unit employee will be based on length of regular full-time service to the DOT Security Contract in accordance with the table below.

a. Each employee who has been employed for at least one (1) year up to the end of their fourth (4) year shall receive eighty (80) hours vacation each year.

b. Each employee who has been employed for at least five (5) years up to the end of their ninth (9) year shall receive one hundred twenty (120) hours vacation, each year.

c. Each employee who has been employed for at least ten (10) years shall receive one hundred sixty (160) hours vacation, each year.

d. Each employee who has been employed for at least fifteen (15) years shall receive two hundred (200) hours of vacation each year.

All vacation requests may be submitted to the shift supervisor at any time as long as it is at least two (2) weeks prior to the vacation date. Requests will not be unreasonably denied.

The employer cannot force vacation payout.

Employees will automatically receive earned vacation payout upon request.

Part time will receive a pro-rated amount of vacation based upon percentage of hours worked divided by 1870 which is the average number hours worked by a full-time employee per year. Example: part-time employee with 3 years' serviced worked 1008 hours in a year - 1008/1872 = .538 x 80 =43 vacation hours. Employees that go from full- time to part-time or vise-versa will receive a pro-rated amount of vacation.

An employee can put in vacation up to six months in advance as long as the officer has time accrued.

An employee may request vacation leave at least three (3) weeks in advance and must request vacation at least two weeks in advance. No more than 4/4 officers shall be on vacation at the same time.

The supervisor shall inform said employee about vacation approval within 72 hours of submittal.

Employee can cash out up to 80 hours per quarter and must be submitted at least 2 weeks in advance.

ARTICLE XVI -BEREAVEMENT

If it is necessary for an employee to lose time from work because of death in the immediate family, the employee shall be entitled to three (3) days at eight (8) hours per day paid leave of absence at his or her straight time rate of pay. Number hours paid bereavement will be based upon the employees regularly scheduled work hours. Bereavement leaves are limited to 3 times in a 12 month period.

Immediate Family is defined to mean an employee's father, mother, spouse, domestic partner, sister, brother (including adopted and/or stepsister/brother), children (including adopted children and/or stepchildren), guardians, Father-in-law, mother-in-law, sister-in- law, brother-in-law, great/grandparents, great/grandchildren, and aunts and uncles.

The Employer may require proof of the death and family relationship when an employee requests paid bereavement leave. Employees traveling four hundred (400) miles or more to attend the funeral shall be entitled to two (2) additional bereavement days without pay.

Employees that are unfit for duty following bereavement will be granted leave without pay for two (2) weeks, if all sick/personal leave is exhausted. The leave pay may be extended upon request.

ARTICLE XVII- LEAVE OF ABSENCE

Section 1: Family and Medical Leave Without Pay

All provisions of this Article shall be applied in a manner consistent with the Family and Medical Leave Act (FMLA) implementing regulations as revised effective October 28, 2009 and/or the District of Columbia Family and Medical Leave Act (D.C. FMLA). Eligible non- Initial Evaluation Period employees who qualify will be granted up to twelve (12) (and/or sixteen (16) weeks of unpaid leave, as appropriate, for their own "serious health condition", for the birth or adoption of a child, for the care of a child, spouse, or parent with a "serious health condition'·, for qualifying exigency leave for families to service members, or up to twenty-six (26) weeks to care for an injured or ill service member. Employee rights under the Federal or D.C. FMLA shall be subject to all employer rights and prerogatives under those enactments. This Agreement shall not expand those employee rights under the Federal FMLA or D.C. FMLA.

Work Leave for Family or Medical Purposes

The District of Columbia Family and Medical Leave Act (DCFMLA) requires employers with twenty (20) or more employees to provide eligible employees with 16 weeks of unpaid family leave and sixteen (16) weeks of unpaid medical leave during a 24-month period.

Family Leave

Eligible circumstances for family leave under DCFMLA include the birth of a child, adopting a child, or caring for a child in foster care. Caring for a seriously ill family member is also eligible for family leave.

Medical Leave

Eligible circumstances for medical leave under DCFMLA includes recovering from a serious illness rendering the employee unable to work.

Leave under DCFMLA may be taken in blocks of time, intermittently, and in certain circumstances, at a reduced schedule. Employees can also use any accrued time instead of unpaid leave.

The employer may require medical certification and reasonable prior notice when applicable.

Employee Eligibility

An employee is eligible under the Act if she or he has been employed by the employer for at least one year without a break in service, and worked at least 1,000 hours during the 12-month period immediately preceding the requested leave. The one year of service requirement does not need to have immediately preceded the request for leave.

The District government is considered a single employer. The above eligibility requirements can be met by considering employment at more than one District agency.

Final Rule to Revise the Definition of “Spouse” Under the FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The FMLA also includes certain military family leave provisions.

The Department of Labor issued a Final Rule on February 25, 2015 revising the regulatory definition of spouse under the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles eligible employees of covered employers to take unpaid, job- protected leave for specified family and medical reasons.

The Final Rule amends the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. This will ensure that the FMLA will give spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.

The effective date for the final rule is March 27, 2015.

Major features of the Final Rule

The Department has moved from a “state of residence” rule to a “place of celebration” rule for the definition of spouse under the FMLA regulations. The Final Rule changes the regulatory definition of spouse in 29 CFR §§ 825.102 and 825.122(b) to look to the law of the place in which the marriage was entered into, as opposed to the law of the state in which the employee resides. A place of celebration rule allows all legally married couples, whether opposite-sex or same-sex, or married under common law, to have consistent federal family leave rights regardless of where they live.

The Final Rule’s definition of spouse expressly includes individuals in lawfully recognized same-sex and common law marriages and marriages that were validly entered into outside of the United States if they could have been entered into in at least one state.

Section 2: Disability Leave Without Pay

Regular employees may be granted Disability Leave without pay for the employee's personal illness, injury, pregnancy, or other disability. Such Disability Leave may also be required when the employee is unable to safely perform the essential functions of his/her job with any appropriate, reasonable accommodation. Disability Leave may be granted in addition to any leave granted under FMLA/D.C. FMLA or in place of FMLA leave if an employee is not eligible for leave under FMLA/D.C. FMLA. Subject to medical certification acceptable to the Employer, any eligible employee who becomes unable to perform the essential functions of his/her position, will be provided with Disability Leave for a period of up to six (6) months.

An Employer-designated physician's statement must accompany an employee's request for Disability Leave, and should be provided to the Employer. The statement should verify the medical condition that requires the Disability Leave and estimate the required leave time. A physician's release will be required for return to work in all cases. The Employer may also require that a physician's statement indicating any limitations on the employee's work duties be provided at any time in connection with the Employers efforts to accommodate an employee's medical condition or disability.

Except as provided under the FMLA/D.C. FMLA, or other applicable law, employees absent for more than ten (10) consecutive workdays due to illness, injury, pregnancy, or other disability, must request to be placed on an approved Disability Leave to be considered in employment status.

All Disability Leave must be approved in advance in writing by the Employer, except in emergency circumstances. The employee must apply in writing for reinstatement immediately following the termination of any disability, and if returned to employment, must immediately report for duty at the expiration of the Disability Leave. Employees who do not promptly request to return to work, and return to work at the expiration of their Disability Leave, are subject to immediate termination of employment, as is any employee who accepts or engages in other employment or business activities, or who becomes self-employed while on Disability Leave.

During the Disability Leave, an employee will receive no compensation other than any accrued Paid Leave or Sick Leave to which they may be entitled under this Agreement. Nor will employees accrue any fringe benefits or seniority while on Disability Leave.

Disability Leave will be provided consistent with any applicable legal requirements and the Employer's business needs. Return to work from a Disability Leave is not guaranteed. The Employer will attempt to reinstate employees to their former position, or to a comparable position for which they are qualified, consistent with the Employer's business needs and the availability of positions.

Section 3: Personal Leave Without Pay

A Regular Full-Time employee may request personal leave without pay for a period of up to six (6) months with two (2) weeks notification to the Employer unless it is an emergency in which case the two (2) weeks prior notification requirement shall not apply. It is within the Employer's sole discretion whether such requests, which must be in writing and state the reason for and length of the desired leave, will be granted, however, such leave shall not be unreasonably denied. Neither seniority nor benefits shall accrue during such personal leave.

Employees on leaves of absence for personal reasons who engage in other employment or other business activities during such leave shall be considered as having resigned. Upon giving two (2) weeks' notice of intent to return to work, the Employer will attempt to reinstate the employee to his/her position or to a comparable position. The employee will have to pay the insurance premium out of pocket.

Section 4: Military Service

Employees enlisted or entering the military service of the United States pursuant lo the provisions of the Uniformed Services Employment and Reemployment Rights Act and amendments thereto shall be granted all rights and privileges provided by that Act.

ARTICLE XVIII - SENIORITY & LAYOFFS

Section 1: Seniority

An employee's seniority date shall be the first day the employee earned wages from the Employer for employment at his/her site. Seniority shall not accrue for non-unit employees.

Section 2: Seniority Lists

The Employer shall maintain a seniority list consisting of all regular full-time and regular part-time employees assigned to the contract. The Employer shall furnish the Union with copies of an updated seniority list at least once every six (6) months, or as requested by the Union.

Section 3: Promotions

In the event that a non-unit promotion becomes available that requires specific skills, ability and/or training, first preference for such job shall be given to the individual at that site deemed by the Employer to be most qualified in terms of skill, ability and/or training, regardless of seniority. If the Employer determines that two candidates for promotion are equally qualified, the promotion will be awarded to the most senior candidate, based on the then current Seniority List. If the employee deemed most qualified by the Employer declines the promotion, such position shall be offered to the employee deemed the next most qualified by the Employer. If the Employer, in its sole discretion, determines that no unit employee is qualified, the Employer may hire an individual from outside the unit to fill such position. If within ninety (90) days of his/her promotion, the promoted employee fails to satisfactorily fulfill the requirements for the position to which he or she was promoted, such employee shall be demoted to his or her original or similar position in the bargaining unit at the employee's prior site or other site, and shall receive the appropriate rate of compensation for such lower position unless removal is directed by the Government.

A bargaining unit position shall not be deemed a promotion unless it carries a higher pay rate than a regular unit employee position. If there is a pay rate increase, interested employees will receive training and the most senior employee will receive the promotion.

Section 4: Reduction in Force

In the event that the workforce load at any location shall be reduced by the Employer for any reason, probationary employees shall be laid off first and shall have no recall rights. Unit employees with the least seniority shall be laid off thereafter provided that the remaining employees are willing and able to provide all coverage required by the Employer. Shift reassignments shall be by bidding.

In the event of a layoff, neither seniority nor fringe benefits shall continue to accrue. An employee shall retain the seniority which he or she possessed at the time of the layoff except as provided in Section 6.

The Employer shall make every effort to give any non-probationary employee, who is laid off at least fifteen (15) working days' notice of the layoff.

Section 5: Layoff - Recall

A. In the event of a layoff, employees will be laid off in order of seniority. Most senior employees will last to be laid off. As jobs become available at each location, employees shall be recalled in order of their unit seniority in accordance with the Employer's then current seniority list, where qualified. Initial Evaluation Period employees who have been laid off have no recall privileges.

B. Regular Full-Time employees may bid to return to a Regular Part-Time shift and, may with the Employer's consent be transferred to a Regular Full-Time position when one becomes available, consistent with the Employer's scheduling needs and the provisions of this Agreement.

C. A Regular Full-Time employee may decline recall to a part-time position and remain on the recall list.

D. An employee shall continue to retain recall rights for a one (1) year period commencing from the date of the layoff.

Section 6: Loss of Seniority

In the event the Employer loses its contract to provide services at each location, the Employer will have no obligation under this Agreement after the termination of its contract.

Except as provided below, an employee who is laid off for reasons other than the Employer's loss of contract to provide services at each location, will retain his or her seniority for one (1) year.

An employee's seniority with the Employer shall be broken if the employee: voluntarily quits;

voluntarily retires; is discharged as a result of a disciplinary action under this Agreement;

unless an emergency which prevented the employee from properly notifying the Employer, fails to return to work from a leave of absence under this Agreement on the day specified for his/her return; or fails to return from layoff within five (5) working days after the mailing of notice of recall to the employee's last known address by the Employer.

In the event that an employee is laid off for reasons other than the Employer's loss of contract, the Employer will consider the unit employee for transfer to another location on the DOT Security contract.

A laid off employee who is recalled shall be sent notice of recall by certified mail to the employee's last known address. If such employee does not respond within five (5) business days of the Employer's sending such certified mail, or if the employee fails to respond to or refuses such offer, the employee will be deemed to have voluntarily quit, even if the notice is returned as undeliverable. To accommodate travel and similar out- of-town plans of employees who have been laid off, failure to respond with five (5) business days may be excused in the Employer's sole discretion upon prior written notice that Employee will be unavailable and unable to respond within five (5) days for a limited, specific and finite period of time only. An employee who has voluntarily quit or been terminated has no right to recall and no other rights under this Agreement.

Section 7: Schedule Reassignments

In the event the Employer deems it necessary to reassign schedules, (rebid), all schedules contract wide will be offered to employees by unit seniority under this Agreement except in circumstances beyond the reasonable control of the Employer or as directed by the client or the government.

Section 8: Seniority Benefits

Seniority for benefits shall be…