6th Circuit Walden Security and OPBA NOH 6th Circuit CBA FY22 - 24 FULLY RATIFIED.pdf

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 1 of 31 38924028.1

Collective Bargaining Agreement between

WALDEN SECURITY

and the

OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (OPBA)

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 2 of 31

PREAMBLE

THIS AGREEMENT is made and entered by and between WALDEN SECURITY, a Tennessee corporation, hereinafter referred to as the "Company," and OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (OPBA), hereinafter referred to as the "Association."

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Table of Contents

ARTICLE 1 - GENERAL PROVISIONS 5

SECTION 1.1 BARGAINING UNIT 5

SECTION 1.2 DEFINITIONS/CLASSIFICATION 5

SECTION 1.3 NEGOTIATING COMMITTEE 5

SECTION 1.4 STEWARD SYSTEM 5

SECTION 1.5 MANAGERS AND SALARIED PERSONNEL 6

SECTION 1.6 ASSOCIATION SECURITY 6

SECTION 1.7 DUES CHECKOFF 7

SECTION 1.8 INTENT OF PARTIES 7

SECTION 1.9 ANTI-DISCRIMINATION 7

ARTICLE 2 – SENIORITY 8

SECTION 2.1 ASSOCIATION SENIORITY DEFINED 8

SECTION 2.2 CONTRACT SENIORITY LISTS 8

SECTION 2.3 PERSONAL DATA 8

SECTION 2.4 TRANSFER OUT OF UNIT 8

SECTION 2.5 PROBATIONARY EMPLOYEES 9

SECTION 2.6 TERMINATION OF SENIORITY 9

ARTICLE 3 - JOB OPPORTUNITIES 9

SECTION 3.1 FILLING VACANCIES 9

SECTION 3.2 LAYOFF, REDUCED POSITIONS, REDUCED HOURS OF WORK AND RECALL 10

SECTION 3.3 TEMPORARY ASSIGNMENTS 11

SECTION 3.4 APPOINTMENT OF LEAD CSO 11

SECTION 3.5 SHIFT BIDDING 11

ARTICLE 4 - MANAGEMENT'S RETAINED RIGHTS 11

SECTION 4.1 ENUMERATED RIGHTS 11

SECTION 4.2 RETAINED RIGHTS 13

ARTICLE 5 - GRIEVANCE PROCEDURE 13

SECTION 5.1 INTENT 13

SECTION 5.2 GENERAL PROVISIONS 13

SECTION 5.3 GRIEVANCE PROCEDURE 13

SECTION 5.4 ARBITRATION PROCEDURE 14

SECTION 5.5 CLASS ACTION 15

SECTION 5.6 INDIVIDUAL GRIEVANCES 15

ARTICLE 6 – DISCIPLINE 15

SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL 15

ARTICLE 7 - HOURS OF WORK AND OVERTIME 16

SECTION 7.1 WORKDAY AND WORKWEEK 16

SECTION 7.2 OVERTIME 16

SECTION 7.3 OVERTIME REQUIREMENT 17

SECTION 7.4 OVERTIME DISTRIBUTION 17

SECTION 7.5 REST/MEAL PERIODS 17

SECTION 7.6 CALL IN PAY 17

SECTION 7.7 COURTHOUSE CLOSURE 17

ARTICLE 8 - WORK SHIFTS AND PAYMENT POLICIES 18

SECTION 8.1 WAGE SCHEDULE 18

SECTION 8.2 PAYDAY 18

SECTION 8.3 UNDISPUTED ERROR 18

SECTION 8.4 LEAD CSO RATES 18

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SECTION 8.5 NIGHT SHIFT DIFFERENTIAL 19

ARTICLE 9 – HOLIDAY 19

SECTION 9.1 HOLIDAYS DEFINED 19

SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS 19

SECTION 9.3 HOLIDAY PAY CALCULATIONS 20

ARTICLE 10 – VACATIONS 20

SECTION 10.1 ELIGIBLE FULL-TlME EMPLOYEES 20

SECTION 10.2 ELIGIBLE SHARED-TIME POSITION EMPLOYEES 21

SECTION 10.3 SCHEDULING VACATIONS 21

SECTION 10.4 UNUSED VACATION 21

SECTION 10.5 PAY IN LIEU OF VACATION LEAVE 21

SECTION 10.6 TERMINATING EMPLOYEES 22

SECTION 10.7 VACATION INCREMENTS 22

ARTICLE 11 - LEAVES OF ABSENCE 22

SECTION 11.1 LIMITATIONS 22

SECTION 11.2 FAMILY MEDICAL LEAVE ACT (FMLA) 22

SECTION 11.3 MEDICAL LEAVE OF ABSENCE 23

SECTION 11.4 MILITARY LEAVE 23

SECTION 11.5 ASSOCIATION LEAVE 23

SECTION 11.6 PERSONAL LEAVE 23

SECTION 11.7 PROCESSING UNPAID LEAVES OF ABSENCE 24

SECTION 11.8 GENERAL PROVISIONS 24

SECTION 11.9 JURY DUTY AND COURT ATTENDANCE 25

SECTION 11.10 BEREAVEMENT LEAVE 25

SECTION 11.11 ABSENTEEISM FROM DUTY 25

ARTICLE 12 – BENEFITS 26

SECTION 12.1 HEALTH AND WELFARE 26

SECTION 12.2 UNIFORM MAINTENANCE 27

SECTION 12.3 UNIFORMS 27

ARTICLE 13 - MISCELLANEOUS PROVISIONS 27

SECTION 13.1 BULLETIN BOARDS 27

SECTION 13.2 PHYSICAL EXAMINATIONS 27

SECTION 13.3 TRAVEL EXPENSES 28

SECTION 13.4 BREAK ROOMS 28

SECTION 13.5 LOCKERS 28

SECTION 13.6 ASSOCIATION MEETINGS 29

ARTICLE 14 – SAFETY 29

SECTION 14.1 SAFETY POLICY 29

SECTION 14.2 OSHA STANDARDS 29

ARTICLE 15 - CONTINUITY OF OPERATIONS 29

SECTION 15.1 NO STRIKES 29

SECTION 15.2 LOCKOUTS 30

SECTION 15.3 NO TRANSFERS TO PICKET SITES 30

ARTICLE 16 - SEPARABILITY OF CONTRACT 30

ARTICLE 17 - ENTIRE AGREEMENT 30

ARTICLE 18 – DURATION 30

ARTICLE 19 - RATIFICATION 31

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 5 of 31

ARTICLE 1 - GENERAL PROVISIONS

SECTION 1.1 BARGAINING UNIT

a. This agreement is entered into between Walden Security (the “Company”) and OPBA (the “Association”). Company recognizes Association as the sole and exclusive bargaining representative of the bargaining unit for the purpose of collective bargaining as defined in the National Labor Relations Act.

b. The unit is defined as all full-time and shared-time position Court Security Officers

(“CSO”); Lead Court Security Officers (“LCSO”); Special Security Officers (“SSO”); and Lead Special Security Officers (“LSSO”) employed by the Company in the Northern District of Ohio (Akron, Canton, Cleveland, Toledo, and Youngstown), 6th Federal Judicial Circuit. All other employees including managers, supervisors, confidential employees, office clerical employees and professional employees as defined in the National Labor Relations Act are excluded from this bargaining unit.

c. This Agreement shall be binding upon both parties, their successors, and assigns. In the event of a sale or transfer of the business of the Company, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.2 DEFINITIONS/CLASSIFICATION

a. The term "Employee" when used in this agreement shall refer to the Employees in the bargaining unit described in this Agreement.

b. A full-time Employee is defined as a single Employee filling a full-time position and shall normally be scheduled up to a 40-hour work week.

c. A shared-time position Employee is defined as a single Employee filling a shared-time position. CSO personnel assigned to shared-time positions are considered part-time employees as defined by the Department of Labor (DOL) and shall be entitled to prorated benefits based on DOL rules under the Service Contract Act (SCA). Shared-time employees will have equal opportunity within their respective worksites for available shared-time hours.

SECTION 1.3 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee selected by the Association to represent the Employees in collective bargaining negotiations. The committee may be comprised of the President or his designee and usually one (l) member from each location within the District. The Association will provide the names of individuals to the Company prior to the negotiations.

SECTION 1.4 STEWARD SYSTEM

a. The Company agrees to recognize a steward system.

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b. The Association agrees that the stewards will work at their regular jobs at all times except when they are relieved to attend to the business of the grievance procedure as outlined in this Agreement.

c. Aggrieved employees and Association representatives will be paid their regular rate of pay for time spent in grievance-related meetings with the Company only during scheduled working hours. The aggrieved employee will not be paid for time spent investigating grievances, preparing grievance documents, or for any time spent outside of meeting with the Company.

SECTION 1.5 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried employees shall not perform the duties of the Employees in the bargaining unit, except in an emergency.

SECTION 1.6 ASSOCIATION SECURITY

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

b. An Employee who is not a member of the Association 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 upon completion of the probationary period either:

1. Become a member of the Association and remain a member; or

2. Pay the Association a service fee. The amount of this service fee shall be a percentage of chargeable against non-chargeable items. The service fee will not include any assessments, special or otherwise. Such payments shall commence on the 30th day after the date of hire.

3. Employees who are members of and adhere to the established and traditional tenets of a bona-fide religion, body, or sect, which has historically held conscientious objections to joining or financially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the service fee, to a tax-exempt organization (under Section 501(c)(3) of the IRS Code). The Association 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 proof to the Association that the charitable contributions have been made.

c. 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 Association security rights. If there is a legal challenge to any provision of this Article, the Company and the Association will confer regarding the Company’s obligation under this Article, and for the duration of the dispute any amounts collected by the Company pursuant to Section

1.7 shall be placed in escrow. The Association agrees to save and hold the Company harmless from any and all claims, actions, suits, damages, or costs, including any reasonable attorney’s

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 7 of 31 fees incurred by the Company, 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.

SECTION 1.7 DUES CHECKOFF

a. The Company agrees to deduct dues as designated by the Association on a per monthly basis from the second paycheck of each member of the Association. These deductions will be made only upon written authorization from the Employee on a form provided by the Association.

The Employee, upon thirty (30) days written notice served upon the Company and the Association, may revoke such authorization. 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 Association, as to the dollar amount of the Association membership dues.

b. The Company will remit all such deductions to the Financial Secretary/Treasurer within ten (10) business days from the date that the deduction was made, via ACH direct deposit, if possible. All costs related to direct deposit will be borne by the Association. The Association 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 Association agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the Company. The Association assumes full responsibility of the dispositions of the funds so deducted once they are paid over to the Association. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Association as a violation of this provision, provided such errors are unintentional and corrected when brought to the Company's attention.

SECTION 1.8 INTENT OF PARTIES

The Association and the Company agree to work sincerely and wholeheartedly in that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Association and the Company agree to use their best efforts to cause the bargaining unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company. Neither the Company, nor the Association, nor their representatives, nor their members will intimidate, coerce, or discriminate in any manner against any person in the Company’s employ by reason of his/her membership and activity or non-membership or non-activity in the Association.

SECTION 1.9 ANTI-DISCRIMINATION

Neither the Company nor the Association will discriminate against any Employee because of race, color, religion, sex, age, national origin, Veteran’s status, disability, or other protected reason. The Company and the Association recognize the objective of providing equal employment opportunities for all people is consistent with Company and Association philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

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ARTICLE 2 – SENIORITY

SECTION 2.1 ASSOCIATION SENIORITY DEFINED

a. Association Seniority shall be the length of continuous service from the Employee's last date of hire in the bargaining unit represented by the Association, or by its predecessor, as a full-or shared-time CSO, LCSO, SSO, LSSO including any member assigned to the Courts, U.S.

Probation Offices, and U.S. Attorney's Offices for the Company, past or present and/or any predecessor Company. Contract Seniority shall be the length of continuous service from the earlier of the Employee’s initial date of hire as a full or shared-time CSO, LCSO, SSO or LSSO (including any member assigned to the Courts, U.S. Probation Officers, and U.S. Attorney’s Offices) by the Company or any predecessor Company. Neither Contract nor Association Seniority shall accrue until the Employee has successfully completed the probationary period, at which time the Seniority date will revert to date of hire. Association Seniority shall be applicable in determining the filling of vacancies, order of layoff and recall, vacation schedules, holidays, extra work, overtime, shift bidding (where it exists) and other matters as provided for in this Agreement.

b. Association Seniority for employees transferring from a circuit or district to another circuit or district within the Company or from a different company will begin on the effective date of the transfer.

c. For the purposes of vacation schedules, extra work, shift bidding and overtime, Association Seniority shall be defined as seniority within the Employee's regular work site.

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

SECTION 2.2 CONTRACT SENIORITY LISTS

The Company will provide the Association with a Contract Seniority list when requested by the Association.

SECTION 2.3 PERSONAL DATA

Employees shall notify the District Supervisor and Company 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. The Company shall be entitled to rely upon the last known address in the Company's official records and provide same to Association upon request.

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 his/her Association Seniority. If the Employee returns to the bargaining unit less than 180 days later he/she shall regain his/her Association Seniority date, excluding the time in the non-bargaining unit position upon completion of 365 days back in the bargaining unit.

This can happen one time only.

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SECTION 2.5 PROBATIONARY EMPLOYEES

a. Employees will be considered probationary for a sixty (60) calendar day period after their hire date. The Company reserves the right to decide issues relating to transfers, suspensions, discipline, layoffs, or discharge of Probationary Employees without recourse to the grievance procedure contained in this Agreement.

b. Probationary Employees do not have seniority until the completion of the probationary period, at which time seniority reverts back to the date of hire. The probationary period can be extended by mutual agreement between the Company and the Association.

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 Company;

d. The Employee is laid off for a continuous period of one hundred eighty (180) calendar days;

e. The U.S. Government revokes the Employee’s credentials as a CSO. In the event the revocation is reversed and the employee is re-credentialed by the U.S. Government, then his/her seniority is reinstated;

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 180 days.

ARTICLE 3 - JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

a. If a vacancy occurs in a full time or shared-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) calendar days at all locations within the District and on the Company's web site. The job posting will include the location of the position and whether it is a full-time or shared-time position. To the extent possible, the posting will also include the hours and days off associated with the position, and may also note that the hours and days off are subject to change.

In the event of a transfer which will create a subsequent vacancy, the Company will fill the

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 10 of 31 subsequent vacancy with a transfer or a new applicant packet without issuing another 3-day notice.

b. When a vacancy occurs, the Company 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. This provision does not apply to Lead Court Security Officer vacancies. Transfers from USMS Court positions to SSO positions or vice versa shall be irreversible for a minimum of 365 days before attempting to transfer back.

c. Once an Employee has submitted a bid for a vacancy, that bid may not be withdrawn unless agreed upon by the Company and the Association.

d. The Employee having gone through the job bidding process and identified as the most senior Employee to fill the vacancy will be placed into the vacant position. This Employee filling the vacant position cannot submit a bid request for his/her previous position for at least 180 days after leaving the position. However, if the hours of work or days off associated with the new position are changed permanently and substantially after the bidding, the Employee may submit a bid request to transfer to a vacant position (the previous position or another one) without waiting 180 days.

SECTION 3.2 LAYOFF, REDUCED POSITIONS, REDUCED HOURS OF WORK AND

RECALL

a. In the event of layoffs, reduction of positions and recall, when full-time or shared-time positions are being reduced, then all reductions shall be made in reverse seniority order and starting with the last hired. 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.

b. In the event of any reduction in work hours, absent agreement with the Association on a local basis to a different method, unless the Company and the Association agree to a different method, and only to the extent consistent with the directives of the USMS, the Company will reduce the amount of shared-time hours first, followed by the hours of full-time CSOs in reverse seniority order; with the Company to provide the Association with as much advance notice as possible and will meet with the Association to negotiate the impact of the staff reduction plan as stated above.

c. In the event of a building closure by order of the courts or because of weather, all Employees who were scheduled to work will be granted leave without pay (LWOP) unless the Employees request vacation, personal or floating holiday pay.

d. Notwithstanding anything to the contrary in Section 3.2.b, it is understood and agreed that the USMS may direct CSO activities in the event of an emergency pursuant to Section C.22 of the Statement of Work of the Company’s contract with the USMS, and that this may include, but is not limited to, changes to CSO work schedules and to configuration of the workforce.

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SECTION 3.3 TEMPORARY ASSIGNMENTS

a. In the interest of maintaining continuous operations, the Company 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, which may be extended with an agreement between the Company and the Association. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis beginning with employees working at the courthouse closest to the temporary assignment.

b. Employees involuntarily assigned will receive the higher of either the base hourly wage available to Employees regularly assigned to the site to which the Employee is being transferred or their regular hourly wage they receive at their regular site under this Agreement (provided that the Company is the Company on the site to which the Employee is being transferred).

SECTION 3.4 APPOINTMENT OF LEAD CSO

The U.S. Government in its contract with the Company creates specific guidelines for the job duties and qualifications of Lead CSOs. Based on these guidelines, all appointments of Lead CSOs will be made on the basis of suitability as evaluated by the Company. The Company may consult with the Association. Suitability shall include an Employee's skills, experience, past performance, capabilities, and the needs of the operation. If the Company determines Employees are equally qualified, seniority will prevail.

SECTION 3.5 SHIFT BIDDING

In locations where shift bidding exists, once each year, full time Employees and shared-time position Employees at each such location shall bid their shift schedules among designated full time assignments or shared-time assignments in order of Seniority. Shift bidding may not lead to any change in status from full time to shared-time position or vice versa. Shift bidding will take place between Oct.1st through Oct. 15th each year and new position Employees will move into any new assignments by November 1st. Due to security concerns at the direction of the USMS, selected assignments may be excluded from the shift bidding process. Both parties understand that this section does not apply to USMS or judicial assignments and all bidding will be conditional upon USMS acceptance and subject to any changes directed by the USMS.

ARTICLE 4 - MANAGEMENT'S RETAINED RIGHTS

SECTION 4.1 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

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 12 of 31 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, including the right to:

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 shared-time employees;

f. Make and enforce work rules not inconsistent with the provisions of this agreement;

g. Require Employees to observe reasonable Company 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. Determine, direct, and change the work operations and work force of the Company;

k. Ensure adherence to performance standards, the type of services to be rendered, and the manner in which such services are to be performed;

l. 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. Sell, lease, shut down, or otherwise dispose of all or part of the Company's assets or business operations;

n. 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. 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, provided the assignment is lawful and safe and that the employee is qualified to perform it;

p. 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.

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SECTION 4.2 RETAINED RIGHTS

Any of the 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.

ARTICLE 5 - GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation of this Agreement, except that this grievance procedure shall not be used for any action or order of removal of an Employee from working under the contract by the U.S. Government or revocation of required CSO credentials by the USMS in accordance with the provision for the removal of Contractor employees in Section H-9 of the Contract or its successor between the U.S. Marshals Service and Walden Security (or any similar contract arranged through an interagency agreement pursuant to the Company’s contract with the USMS). Upon written request, the Company will provide the Association, in a timely manner, with all information concerning the removal that the Company may legally release, and will provide the Association with any relevant information concerning the proper Government point of contact and their contact data. If the U.S. Government decides that an Employee shall be removed then that decision is final and cannot be grieved. In addition, the grievance procedures outlined herein shall not apply where the Company is acting under express directives of the U.S. Government.

SECTION 5.2 GENERAL PROVISIONS

a. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term “days” shall mean "working" days and not include Saturdays, Sundays or holidays when used in this Article.

b. Should the Company fail to comply with the time limits as set forth in this Article, the

Association may advance the grievance to the next step of the grievance procedure.

c. Upon a written request, an Employee may schedule a time through the Company's Federal

Services Division's Human Resource personnel to view their personnel file.

SECTION 5.3 GRIEVANCE PROCEDURE

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

a. Informal Step - The parties shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Association agree that the Employee will first discuss the complaint with his/her 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

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 14 of 31 procedure is not invoked within ten (10) working days of the Employee's knowledge of a grievable issue, then it is agreed by both parties that no further action will be taken. If, during the course of this discussion either the Employee or the supervisor deems it desirable, a steward or other Association representative may be called in. If the complaint is not satisfactorily adjusted within three (3) working days of the inception of the informal discussion, it may be submitted in writing to the Contract Manager or designee in accordance with Step One.

b. Step One - If the matter is not resolved informally, the Employee shall, not later than five

(5) working days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee and the Association representative, and shall be submitted to the Contract Manager or designee. The Contract Manager or designee shall have five (5) working days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved Employee and the Association representative. If the grievance involves the District Supervisor or Contract Manager then Step One shall be submitted to the next person in the chain of command as designated by the Company, generally the Vice President, USMS Operations.

c. Step Two - If the grievance is not settled in Step One, the grievance may be appealed in writing to Company Vice President, USMS Operations (or EVP, Federal Services Division if VP USMS was recipient of Step One) or designee not later than ten (10) working days from the denial by the Contract Manager or designee (or VP USMS Operations). The EVP, Federal Services Division or designee will have ten (10) working days from the date the grievance was presented to return a decision, in writing, with a copy provided to the aggrieved Employee and the Association representative.

d. Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. The written grievance shall be presented to the District Supervisor within ten (10) working days after the issuance of discipline. Any disciplinary action that directs a suspension, loss of wages and/or benefits or termination shall be in writing.

SECTION 5.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Association, giving the Company's EVP of Federal Services Division written notice of its desire to proceed to arbitration not later than fifteen (15) working days after rejection of the grievance in Step Two. Failure to meet the timeframes in Section 5.3 by either party will make the grievance ineligible for arbitration.

a. Selection of an Arbitrator - Within fifteen (15) working days of receipt of the Association's written notice to proceed with arbitration, the Company and the Association, or their representatives, will jointly attempt to agree upon the selection of a neutral arbitrator. If, within the fifteen (15) working days, the parties fail to agree upon the selection of an arbitrator, the Association will request Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by FMCS by parties

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 15 of 31 alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

b. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. The decision by the arbitrator shall be rendered no later than 60 days after the completion of the arbitration. Any decision shall be complied with, without undue delay after the decision is rendered. 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. Any award of reinstatement shall be subject to the successful completion of the USMS re-application process.

Should the USMS fail to approve the return to work on the USMS contract, the Company’s liability shall be limited to back pay (to include all allowances and benefit accruals) from the date of termination (or removal from service, whichever occurs first) to the date the Company submitted the employee for reinstatement, less any applicable offsets (e.g., earnings from new employment or unemployment benefits). Should the USMS approve the return to work, backpay shall run from the date of termination (or removal from service, whichever occurs first) to the date of reinstatement, less any applicable offsets (e.g., earnings from new employment or unemployment benefits).

c. Arbitration Expense - The arbitrator's fees and expenses, including the cost of any hearing rooms, shall be shared by the Association and the Company. Each party to the arbitration will be responsible for their own expenses and compensations incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

SECTION 5.5 CLASS ACTION

The Association shall have the right to file a group grievance (class action) or grievances involving more than one (l) Employee at the Informal Step of the grievance procedure.

SECTION 5.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration.

ARTICLE 6 – DISCIPLINE

SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL

After completion of the probationary period, as specified in Section 2.5, no Employee shall be dismissed or suspended without just cause.

a. The Company's contract with the U.S. Government sets out performance standards for the CSOs in Section C of the Contract between the Company and the USMS. All Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards, the USMS Deadly Force Standards and the U.S. Title 18 Domestic Abuse and Violence policy, and the Walden Security Policies and Procedures will be issued to

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 16 of 31 each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any non-disciplinary directive issued by the Government. The Company agrees to conduct investigations in compliance with accepted procedures.

b. The Company may discipline Employees when necessary and discharge those who fail to uphold U.S. Government or Company standards. It is recognized by the parties to this Agreement that progressive discipline shall be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progressive discipline is not applicable (e.g., fraud, gross misconduct, theft, etc.). Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. Failure to comply with any investigation procedures will result in dismissal. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving the USMS contractual rights. The Employee may request, in writing, to the District Supervisor, that any disciplinary action may be considered for removal from the Employee's file after 12 months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

c. When scheduling investigatory interviews with an employee who may be subject to discipline or other disciplinary conferences, the Company will notify the Association’s attorney or business agent of record at the same time the employee is notified. The Company will also provide the Association’s attorney or business agent of record with a copy of any disciplinary action rising to the level of suspension or greater within three business days of the date the action is issued, provided that the Company’s failure to do so will not be grounds for setting aside the discipline.

ARTICLE 7 - HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY AND WORKWEEK

a. For the purposes of this Article, a regular workweek for a full-time posit ion/full-time Employees shall normally be up to 40 hours. Shifts shall be scheduled at the discretion of the Company to fulfill the needs of the U.S. Government.

b. The CSOs may exchange shifts and/or days off, when necessary after agreement by the affected CSOs and 24 hour notification to the District Supervisor or his/her designee.

Notification to the District Supervisor can be made in writing or by telephone, email, or text.

SECTION 7.2 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.

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SECTION 7.3 OVERTIME REQUIREMENT

If directed to work overtime (i.e., over forty [40] hours in a workweek) 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 7.4 OVERTIME DISTRIBUTION

Subject to the exception in Section 7.3, the Company will make a reasonable effort to offer overtime by seniority on a rotating basis and to distribute overtime as equitably and fairly as is practical among Employees. The Company and the Association will monitor this policy. Extra work shall be defined as work performed for an agency other than the USMS.

SECTION 7.5 REST/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. One rest period shall be taken in the first half of the shift and the second rest period shall be taken in the last half of the shift. In addition, meal breaks are required for any scheduled shift exceeding four (4) hours. Rest breaks will not be combined and taken in conjunction with a meal break. On occasion, due to exceptional work requirements, Employees may have to work through their unpaid lunch breaks. If so, they will be afforded another lunch period or compensated at the appropriate rate of pay if another lunch period is not feasible. 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.

SECTION 7.6 CALL IN PAY

An Employee called into work will be guaranteed a minimum of four (4) hours of work, or if two

(4) hours of work is not available, will be paid for four (4) hours at regular time. Call-in is defined as anytime an unscheduled CSO is required to report to duty for any work. An exception to this section is found in Section 7.7 below concerning courthouse closure.

SECTION 7.7 COURTHOUSE CLOSURE

The parties recognize there are times when inclement weather, a natural disaster, or any other planned or unplanned event may close a courthouse or government building where employees are assigned. The parties agree that a “closing” or “closure,” for purposes of this paragraph, means a situation in which courthouse operations require no CSO work hours for one or more days. Where CSO hours are reduced due to a change in courthouse operations or for any other reason, Section 3.2(b) of this Agreement shall control. In the event that a closing under this paragraph occurs, employees will be excused and may use personal leave, vacation days, floating holiday or leave without pay. In addition, if employees are not previously notified of the closure and arrive for their shift, they will be paid at their normal rate of pay for four (4) hours.

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ARTICLE 8 - WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 WAGE SCHEDULE

a. 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.

b. The base rate of pay for CSOs in all locations are described in Appendix A of this

SECTION 8.2 PAYDAY

Payday for all Employees will be on Friday following the two (2) week pay period. The Company may require the use of direct deposit, except where precluded by law.

SECTION 8.3 UNDISPUTED ERROR

In case of an undisputed error on the part of the Company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention. Any error involving eight (8) hours of pay or more will be corrected and paid within five (5) working days of the day the error was brought to the attention of the Company.

SECTION 8.4 LEAD CSO RATES

a. Sr. Lead CSOs (where applicable) shall receive a 15% premium over the CSO rate of pay. Nothing in this Agreement obligates the Company to create or maintain any Sr. Lead CSO assignment.

b. Lead CSOs shall receive a 10% premium over the CSO rate of pay.

c. If additional Lead CSOs are added to the contract any time after this Agreement goes into effect, they will be paid the LCSO wage. In the case where there are multiple LCSO wages, the additional LCSO will be paid at the lowest LCSO wage for the site or location where they are assigned.

d. LCSO rate of pay shall also be paid to Employees for hours worked as a certified weapons instructor and/or as a certified instructor instructing the 4-hours hands-on training as a part of Annual Training.

e. Employees temporarily assigned to LCSO duties will receive LCSO rate of pay for that time.

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SECTION 8.5 NIGHT SHIFT DIFFERENTIAL

A shift differential of five percent (5%) of the Employee’s regular hourly rate shall be paid for all hours worked between 6:00 p.m. and 6:00 a.m.

ARTICLE 9 – HOLIDAY

SECTION 9.1 HOLIDAYS DEFINED

Whenever the term "holiday" is used, it shall mean:

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

Juneteenth *Floating Holiday #1 **Floating Holiday #2

*Floating Holiday #1: May be taken any time in the first six months of the contract year (i.e., October 1 – March 31).

**Floating Holiday #2: May be taken any time in the second six months of the contract year (i.e., April 1 – September 30).

Any day duly designated by the federal government as a permanent National holiday. See Section 9.2 for further definition.

SECTION 9.2 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 9.2 a.) above.

c. Employees who work the actual holiday on Christmas or Thanksgiving will receive time and a half for hours worked on the actual holiday plus the eight (8) hours holiday pay.

d. A shared-time position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee worked 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. Shared-time position Employees will receive a minimum of 4 hours of holiday pay. All Employees shall be paid a minimum of 8 hours holiday pay for Christmas and Thanksgiving.

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 20 of 31

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

f. In the event the holiday (other than Christmas) falls on a weekend and the U.S.

Government designates a weekday as the day of observance of the holiday, the following shall apply:

1. Employees scheduled off on the U.S. Government designated holiday, who work the actual holiday, shall receive the Employee’s appropriate rate of pay for all hours worked, and shall also receive eight (8) hours of holiday pay per (Section 9.2 a.) above.

2. Employees scheduled off on the actual holiday, who work on the U.S. Government designated holiday, shall receive the Employee’s appropriate rate of pay for all hours worked, and shall also receive eight (8) hours holiday pay per (Section 9.2 b.) above.

3. Employees who are scheduled to work on both the U.S. Government designated holiday and the actual holiday, and who work both days, shall receive the Employee’s appropriate rate of pay for all hours worked on both days, but shall receive only eight (8) total hours of holiday pay. In other words, the Employee shall not receive sixteen (16) hours holiday pay as a result of working both the actual holiday and the designated holiday. For example, if Veterans Day falls on a Sunday and the U.S. Government designates Monday as the day for observance of the holiday, full-time Employees shall receive eight (8) hours of holiday regardless of whether they work on the actual holiday (Sunday), the designated holiday (Monday), or both, in addition to receiving their appropriate rate of pay for any hours they worked on either or both of those days.

SECTION 9.3 HOLIDAY PAY CALCULATIONS

Holiday pay for shared-time employees shall be calculated according to the following formula:

(A) Hours worked (during the two week pay period that the holiday falls in)

(A) / 72* = (B) *All holidays are excluded from the available hours worked

(B) x 8 hours (Holiday Pay authorized to full-time CSOs) = (C)

(C) Shared-time Employee holiday pay authorization

ARTICLE 10 – VACATIONS

SECTION 10.1 ELIGIBLE FULL-TlME EMPLOYEES

a. Eligibility for vacation benefits shall be based on Department of Labor (DOL) rules under Service Contract Act. Eligible full-time Employees shall be entitled to annual vacation based on their continuous years of service on the contract with the present Company and all prior Companies (based on the Employee's anniversary date of employment as a CSO/SSO LCSO/LSSO) at their individual hourly rate of pay.

CBA (WALDEN & OPBA [NOH, 6th Circuit]) October l, 2021 through September 30, 2024) Page 21 of 31

b. Vacation bidding for full-time employees will take place starting November 1st of each year for the calendar year starting the following January. Requests shall be given to the District Supervisor. Vacation will be granted based on seniority and after the conclusion of the bidding process. Vacations requiring more than two (2) weeks may be approved with advanced notice. A copy of the leave slip reflecting approval or disapproval will be provided to the employee.

SECTION 10.2 ELIGIBLE SHARED-TIME POSITION EMPLOYEES

a. Eligible shared-time position Employees shall be entitled to pro-rated vacation per the schedule contained in Appendix A based on the number of hours worked in the previous year and the Employee's anniversary date.

b. Any Employee who works a full anniversary year, in part as a full-time position Employee and in part as a shared-time position Employee, shall receive prorated vacation benefits for that year using the same calculation.

Vacation calculation for shared-time position CSOs:

(A) Hours worked (during year prior to seniority date)

(A) / 1903*= (B) *or current

USMS

authorization

(B) x (vacation authorization for full-time CSOs) = (C)

(C) Shared-time Employee vacation authorization

SECTION 10.3 SCHEDULING VACATIONS

Employees who cash out vacation time are not entitled to participate in the vacation selection process.

SECTION 10.4 UNUSED VACATION

Vacation time 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 (based on Employee's seniority date of employment) shall be paid to the Employee.

SECTION 10.5 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.