70CDCR24R00000013 - RFP - Attachment 22 - CBA_BDOU_2023-2026.pdf

Collective Bargaining Agreement

3721099, 1, 060896.0045

Between

AKIMA GLOBAL SERVICES, LLC

And

BUFFALO DETENTION OFFICERS UNION

Effective August 1, 2023 through July 31, 2026 i

TABLE OF CONTENTS……………………………………………………………………………..i

PREAMBLE…………………………………………………………………………………………..1

ARTICLE 1: Recognition, Union Security & Dues Checkoff…………………………………2

ARTICLE 2: General Provisions………………………………………………………………….2

ARTICLE 3: Seniority……………………………………………………………………………….5

ARTICLE 4: Bidded Post Schedule…………………………………………………………….10

ARTICLE 5: Work Shifts………………………………………………………………………….16

ARTICLE 6: Corrective Action…………………………………………………………………..17

ARTICLE 7: Grievance Procedure………………………………………………………………19

ARTICLE 8: Holidays……………………………………………………………………………...22

ARTICLE 9: Vacation……………………………………………………………………………...23

ARTICLE 10: Leaves of Absence……………………………………………………………….25

ARTICLE 11: Training/Safety……………………………………………………………………31

ARTICLE 12: Disturbance Control Team (DCT)………………………………………………32

ARTICLE 13: Armed Officers…………………………………………………………………….33

ARTICLE 14: Wages and Payroll………………………………………………………………..35

ARTICLE 15: Allowances………………………………………………………………………...37

ARTICLE 16: Health and Welfare Benefits…………………………………………………….38

ARTICLE 17: No Strike – Continuity of Operations……………………………………..……40 ii

ARTICLE 18: Separability of Contract………………………………………………………….40

ARTICLE 19: Memoranda of Agreement………………………………………………………41

ARTICLE 20: Duration…………………………………………………………………………….41

Signatures………………………………………………………………………………………….42

APPENDIX A: WAGES

APPENDIX B: HEALTH AND WELFARE BENENFITS (“FRINGE”)

APPENDIX C: 6/16/16 AGS LETTER RE: “NEW LOOK PAYSTUBS”

APPENDIX D: LETTER OF UNDERSTANDING RE: VACATION LEAVE CASH OUTS

PREAMBLE

This Agreement, effective August 1, 2023 through July 31, 2026, is between Akima Global Services, LLC, (“AGS" or the “Company”) and Buffalo Detention Officers Union, ("BDOU" or the "Union") for and on behalf of the Union’s members working at the Buffalo Federal Detention Facility, Batavia, NY (BFDF).

ARTICLE 1 RECOGNITION, UNION SECURITY & DUES CHECKOFF

SECTION 1.1 RECOGNITION

The Company recognizes the BDOU as the sole and exclusive representative of all the full-time and part-time armed and unarmed Detention Officers of the Company in Batavia, NY for the purposes of collective bargaining in respect to rates of pay, hours of work, and other conditions of employment. This Agreement is pursuant to and in accordance with all conditions of the applicable laws of the State of New York, Code of Federal Regulations, National Labor Relations Act, and Service Contract Act (SCA) Provisions.

Per the National Labor Relations Board certification in cases 03-RC-163796 and 03-RC-163799, BDOU is the elected and exclusive bargaining agent for this unit. There will be no direct dealing with individual Officers as defined and prohibited by the National Labor Relations Act.

SECTION 1.2 UNION SECURITY

A. The parties agree that a condition of continued employment shall include membership in the BDOU no later than thirty (30) days following the beginning of the Officer’s employment or the effective date of this Agreement, whichever is later.

B. All newly hired Officers will be eligible to become members of the Union upon hire.

C. The Union will be permitted up to thirty (30) minutes during new hire orientation at initial training to introduce and orient all new hires. Bargaining Unit members cannot be removed from shifts to conduct this introduction so it must be conducted by a BDOU representative that is not scheduled to be on a post at that time.

D. The Union will provide an updated list of elected or appointed Union Officers and Stewards whenever changes are made by the Union.

SECTION 1.3 DUES CHECKOFF

A. The Company agrees to deduct monthly dues, in the amount as designated by the Union. One half of the monthly dues will be deducted from the first paycheck of the month and the remaining dues will be deducted from the second paycheck of the month. These deductions will be made only upon written authorization from the Officer on a form provided by the Union. It is understood that such deductions will be made only so long as the Company may legally do so. The Union will advise the Company, in writing, as to the dollar amount of the Union membership dues. The Union is required to notify the Company in writing of any changes in the amount or frequency of deductions at least sixty (60) days in advance of the date of change.

B. The Company will remit all such deductions, to the Union within 15 days from the end of the month in which the deductions are made. The Company shall furnish the Union Treasurer with a deduction list, setting forth the name of the Officer and amount of dues being submitted, at the time of payment.

C. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions, initiated by an Officer against the Company, and will assume full responsibility of the disposition of the funds so deducted, once they are submitted to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered a violation of this provision by the Union, providing such errors are unintentional and corrected within ten (10) business days, when brought to the Company’s attention.

ARTICLE 2 GENERAL PROVISIONS

SECTION 2.1 CLASSIFICATIONS

A. Full-time Officers are those who have been granted the right to bid on a full-time slot.

B. Part-time Officers are those who have not been granted the right to bid a full-time bid slot.

SECTION 2.2 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried Employees shall not perform the duties of Officers in the bargaining unit, except in the following circumstances:

A. Instruction, training, or assistance of an Officer, including demonstrating proper methods of performing the work;

B. To familiarize themselves with new jobs or processes; or

C. When it is necessary to meet emergency requirements of customer and other emergencies when a bargaining unit Officer is not available.

SECTION 2.3 RIGHTS OF MANAGEMENT

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

A. Hire;

B. Assign work and schedule;

C. Promote / Demote;

D. Discipline, suspend or discharge for just cause;

E. Determine the size of the workforce, including the number of Officers assigned to any particular shift;

F. Make, enforce, and require Officers to observe reasonable work rules not inconsistent with the provisions of this Agreement;

G. Determine when overtime shall be worked;

H. Determine the qualifications of an Officer to perform work;

I. The right to determine, direct, and change the work operations and work force of the Company;

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

K. The right to determine the type and quantity of machines, equipment, and supplies to be used, purchase, control, and use the of all materials, equipment, and supplies that are purchased, used, or handled by the Company;

L. The right to sell, lease, shut down, or otherwise dispose of all or part of the Company's assets or business operations;

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

N. The right to establish job descriptions and classifications and to require any Officer covered by this Agreement to perform any bargaining unit work deemed necessary by the Company, regardless of whether it is related to his principal duties provided the assignment is lawful and safe and that the Officer is qualified to perform it. These job descriptions will be provided to the Union and the Union shall have a meaningful opportunity to negotiate with regard thereto before implementation.

SECTION 2.4 EQUAL OPPORTUNITY

In connection with the performance of work under this Agreement, the Company and the Union agree not to discriminate against any Officer or applicant for employment because of race, sexual preference, religion, ethnic origin, sex, age, disability, union affiliation, political affiliation, national origin, or military/veteran status. The aforesaid provision shall also apply to, but not be limited to the following: employment, promotion, demotion, transfer, or selection for training.

The parties agree to comply with all applicable local, state, and/or Federal laws and executive orders pertaining to non-discrimination and equal opportunity in employment.

SECTION 2.5 PERSONNEL DATA

A. An Officer shall notify the Company, in writing or in the manner otherwise identified by the Company, of any change of name, address, or telephone number. The Company is entitled to rely upon the last known address in the Officer’s official records. The Company shall be obligated to inform all bargaining unit Officers and the Union of the means by which said information is to be provided.

B. At any time, an Officer can submit a written request to the Company to review their entire personnel file. The Company agrees to honor such requests within seven (7) days.

SECTION 2.6 COMMUNICATION REQUIREMENTS

Definitions.

Facility Need – defined as: A work requirement directed by ICE Leadership (i.e., SDDO, AFOD, DFOD, FOD) with which the Company must comply. The Company shall provide supporting documentation to the Chief Steward or Designee, if requested.

Operational Need – defined as: A work requirement directed by the Company to avoid contract violations and/or penalties or which are in the best interest of efficient management and execution of service contract requirements as determined by the Company.

All Full-time and Part-time Officers must provide a phone number which they can be contacted on by the Company and will not block any Facility contact numbers. All Officers are required to acknowledge Facility calls in case of an emergency situation as soon as possible. All Officers contacted are required to respond to the Facility call, except for those Officers on a previously scheduled approved leave. Examples are Natural disaster, Riots, Protest, system failures.

All Part-time Officers are required to answer the phone or call back as soon as possible for available hours to fill The Officers Schedule (Up to 40 Hours). With consideration of Article 3, section 3.3 subsection O.

SECTION 2.7 OFFSITE DETAILS

If the Company or other official entity requires DCT members, they will be selected by seniority on a volunteer basis on a rotating wheel. If the Company or other official entity requires Armed or Unarmed Officers, they will be selected by seniority on a volunteer basis on a rotating wheel.

ARTICLE 3 SENIORITY

SECTION 3.1 LENGTH OF SERVICE AND SENIORITY DEFINED

A. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility (DOL Reg. 29 CFR 4.173). This definition will be used to determine length of service within this Agreement and will therefore determine:

1. Wages

2. Longevity increases

3. Vacation accrual

B. Union seniority shall be displayed by placement on each respective roster for full- and part-time

Officers. Once an Officer has completed their training, they will be placed on the appropriate roster in the order that they were placed by the Company at the completion of their new hire training.

Seniority shall determine:

1. Scheduled bid process

2. Filling of schedule vacancies

3. Vacation scheduling

4. Order of layoff and recall

SECTION 3.2 SENIORITY ROSTER

A. The Company will provide the BDOU with lists of full-time and part-time Officers, respectively, that contain both their Union Seniority and Service Date of Hire within two weeks of the execution of this Agreement. The BDOU will have five (5) business days to review these lists and notify the Company of any and all errors. These corrected lists will then become the official seniority lists for all active full- and part-time Officers. The lists will be updated as Officers either join or leave the bargaining unit or move between full- and part-time status.

B. Unless otherwise specified in the current seniority list, specifically modified by this Agreement, or specifically modified by a written mutual agreement between the parties, an Officer’s Union Seniority Date shall be the same as the Officer’s Service Date of Hire.

C. If an Officer leaves a full-time position for a part-time position, that Officer may elect, within a period not to exceed six (6) months, to return to full-time status. The Officer shall be placed back on full-time status for the next bid cycle following his/her election. This provision will only be applicable to changes in status made after the execution of this Agreement. An Officer who elects to move from a full-time to a part-time position will begin receiving part-time benefits immediately upon entering part-time status. Per ACA regulations, medical coverage will continue to be provided to those considered to be in their ACA stability period. An option to waive medical coverage will be furnished to qualifying employees. Upon re-entering full-time status, the Officer will be eligible for benefits due to a Qualifying Event and will be offered the opportunity to enroll on the first of the following month or during the next open enrollment period. Whether an Officer is on full-time or part-time status, he/she is responsible for payment of premiums for all benefits for which they are enrolled.

D. A new hire Officer who joins the Company and moves from his/her part-time status to full-time status will become eligible for full-time benefits on the first of the month following the move to full-time status. In all other situations, should an Officer leave a part-time position for a full-time position, for the first six (6) months of being full-time that Officer will be on interim full-time status and will remain on part-time benefits during this six (6) month period. That Officer may elect, within a period not to exceed six (6) months, to return to part-time status

E. If an Officer leaves a full-time or part-time bargaining unit position for a management position, that Officer may elect, within a period not to exceed six (6) months, to return to their previous status (full-or part-time, respectively).

F. In no event shall an Officer exercise his/her rights under C, D, or E more than once during their employment with the Company.

G. An Officer who leaves a full-time position for a part-time position shall maintain their seniority based on their original date of hire. However, when Part-Time Officers are solicited to fill a Full-Time vacancy, the Officer shall be contacted based on the date he/she took the Part-Time position (For example, Full-Time Officer John Smith has a seniority date of June 1, 2000. John Smith leaves full-time employment and begins part-time employment on May 1, 2020. When John Smith leave full-time status and enters part-time status, he shall retain his June 1, 2000 seniority date. However, for purposes of soliciting part-time Officers to fill vacant full-time positions, he will be contacted based on May 1, 2020 (i.e., the date he transitioned to part-time status)).

SECTION 3.3 PART-TIME OFFICERS

A. For purposes of definition the term “Part-Time Officer” will refer to those Officers who are employed as Part-Time Officers in Detention and/or Armed Transport.

B. All part-time Officers who have other employment will be required to submit their verifiable employment workplace and telephone number to the Company.

C. If a Part-Time Officer is obligated by their other employer to obtain approvals to work at the Buffalo Federal Detention Facility, Batavia, New York, the burden will be upon the Part-Time Officer to notify their other employer and obtain the required authorizations and present them to the Company.

D. In the event that a Full-Time Officer seeks permission from the Company to transition from full-time to part-time status, the Officer will submit a written request stating the date that the transition would occur and the Company will respond to the request with their determination within five (5) business days.

E. All Part-Time Officers shall be subject to working hours to include weekends, shift work, and holidays.

F. Full-Time Officers transitioning to Part-Time Officers are required to work a minimum of at least eight

(8) hours in their first forty-five (45) days of employment as a Part-Time Officer after their transition effective date.

G. Tenured Part-Time Officers hired before March 1, 2015 shall be required to work no less than forty

(40) hours per month to maintain their employment at the site, when hours are available.

H. Part-Time Officers hired new to the contract on or after March 1, 2015 shall be required to work 96 hours per month, when hours are available.

I. On a monthly basis, AGS will provide BDOU with the total amount of available hours for the previous month.

J. Working hours described in Sections 3.3(F), (G) and (H) above shall be obtained by sign up or call

in. The parties may agree at a later date to other means/processes for Part-Time Officers to obtain hours in addition to or to replace the current sign up or call-in process as technology improves in the future.

K. When hours are available, Part-Time Officers who fails to meet the hours requirements set forth in the CBA shall be issued corrective action under the following progressive discipline procedure:

a. First Violation: Verbal Warning

b. Second Violation: Written Warning

c. Third Violation: Termination of Employment

Notwithstanding this progressive discipline procedure, the Company shall consider all mitigating factors before issuing discipline and/or during the grievance process. Consistent with Section 6.1(F) of the CBA, verbal and written warnings shall be considered inactive after twelve (12) months has passed from the date that the corrective action was issued.

L. For purposes of administering the provisions of Section 3.3(K) above the Company will review the hours for Part-Time Officers on a monthly basis from the first full pay period of a month to the last full pay period containing working days of the month. Corrective Action for violation of the hour’s requirement set forth in Section 3.3(I) shall be issued no later than the last day of the calendar day of the month following the month in which the Part-Time Officer failed to meet the monthly hour requirement. For example, if a Part-Time Officer failed to meet the monthly hour requirement for the month of June, the Company shall issue corrective action no later than the last full pay period containing working days in July according to the payroll cycle.

M. A newly hired Part-Time Officer’s seniority shall be designated first by date of hire, then rank in class, then if necessary to determine order, finally by the Officer’s last four digits of their social security number from highest to lowest.

N. When a regular permanent full-time position is available (for example a retirement, resignation, etc.) as determined by Management, Part-Time Officers will be solicited to fill the opening in order of seniority, subject to the terms of any other Agreement negotiated between the parties concerning the transition of Full-Time Detention and Armed/Transport Officers.

O. Part-Time Officers shall not be mandated to return to work at the BFDF when they are scheduled to engage in outside employment in eight (8) hours or less, provided the officer is employed full time by a Local, State or Federal Law Enforcement Agency, to include full time Police Officers, Corrections Officers and Fire Fighters. The affected Officer must present an official copy of his/her outside employment schedule one month in advance confirming that the Officer is scheduled to engage in outside employment. Notwithstanding the provisions of this subsection, all schedules for outside employment shall be subject to verification by the Company. For purposes of this subsection, an Officer’s transition from full-time to part-time status shall not change the Officer’s hire date.

P. A Part-Time Officer who presents a counterfeit outside employment schedule for the purpose of avoiding mandate shall be subject to termination.

SECTION 3.4 PROBATIONARY OFFICERS

A. Each new hire Officer shall be on probation from the date of hire through their first ninety (90) calendar days following completion of the required Company training.

B. The Company reserves the right to make decisions relating to transfers, suspensions, discipline, lay off, or discharge of a probationary Officer without recourse to the grievance procedure contained in this Agreement.

SECTION 3.5 TERMINATION AND RETENTION OF SENIORITY

A. The seniority of an Officer shall be terminated for any of the following reasons:

1. An Officer is discharged for cause, if not reversed;

2. An Officer voluntarily resigns or retires;

3. A settlement with an Officer has been made for total disability or for any other reason if the settlement waives further employment rights with the Company;

4. An Officer is laid off for a continuous period of three hundred and sixty-five (365) calendar days;

5. US Government revokes an Officer’s credentials, if not reversed;

6. An Officer has failed to express their intent to return to work at the end of a leave of absence, and/or does not return to work in accordance with requirements of their approved period leave;

7. An Officer fails to report to work for two (2) consecutive scheduled days without notifying the Company, except in case of circumstances beyond their control;

8. Unexcused failure to return back to work when recalled from layoff;

9. After expiration of an authorized period of Family Medical Leave Act (FMLA) Leave. If the

Officer fails to return to work, for any reason, the Officer is considered to have quit employment, unless the Officer is on other authorized leave.

SECTION 3.6 REDUCTION OF WORK FORCE, LAYOFF AND RECALL

A. In the event of a reduction of work force or layoff, a full-time Officer will be placed on the top of the AGS part-time roster, at their respective Union seniority position. At that time, the newly placed Officer will retain their Union seniority bidding rights for a full-time detention post when a permanent full-time vacancy occurs or when the next bid process transpires, whichever occurs first.

B. In the event that this Officer is offered and then refuses a full-time position, the Officer will then be moved to the appropriate slot reflecting their seniority consistent with Section 3.2(B).

C. This Officer will maintain the wage rate of pay based on their service date of hire. For the duration of their part-time status, health and welfare benefits and leave accruals will be earned at the part-time rate.

D. The Company will give the Officer at least five (5) days advance notice of such layoff or pay the Officer their regular wage rate, including any Health and Welfare benefits, for the days that they were scheduled to have worked. The Company will comply with these notice requirements, unless advance notice is not received from US Government. The Company will supply to the Union supporting documentation in all events of layoff that are dictated by the US Government directive.

E. The Officer shall reply to the Company with their intent to return to work within seventy-two (72) hours after receipt of certified notice from the Company of the recall. The Officer will then have a maximum of five (5) calendar days from date of receipt to report for duty unless the Officer presents medical verification that they are unable, which will leave them on the recall list. Failure to take these steps will result in the loss of employment and seniority.

F. In the event of recall, Officers will be recalled in order of seniority as long as they possess the necessary ability; minimum qualifications and physical fitness to perform the job. An Officer who is recalled after thirty (30) or more calendar days absent may be required to take and pass a drug screen. If they fail this requirement they will be removed from the recall list. The Company will notify the Officer of this determination by certified mail to the Officer's last known address and a copy will be sent to the Union.

ARTICLE 4 BIDDED POST SCHEDULE

SECTION 4.1 SCHEDULED BID PROCESS – FULL-TIME OFFICERS

A. The Company shall provide full-time seniority rosters (for Armed and Unarmed Officers, respectively) to the Union for review and approval at least ten (10) days prior to the start of the schedule bid process. The Union will sign off on the rosters, signifying the rosters are valid. There will be three (3) scheduled bidding processes per year. There shall be a Labor-Management Bid Schedule Committee, consisting of up to three (3) members selected by the Company and three (3) members selected by the Union. The Union will propose to the company the bid structure. The bid structure will be based on the company’s manning directive. The Company will have five (5) business days to review the proposed post bid. Once approved by the Company, the bid will be considered valid. Any changes to the post bid, must be recommended in writing by either party and approved by the Company. The Labor-Management Bid Schedule Committee shall meet from time-to-time to review the bid structure and to discuss and develop solutions to any issues related to the bid structure. This excludes all immediate directives from the U.S. Government to add or subtract posts. If the U.S.

Government issues a directive to add or subtract posts, the Labor-management Bid Schedule Committee shall meet to discuss and develop a new bid structure.

B. The Company will provide bid sheets with “call in time” to all full-time Officers via their mailbox, at least seven (7) days prior to beginning the bid process.

C. It is each Officer’s responsibility to call at their designated date and time. Each Officer will be afforded ten (10) minutes to bid.

D. An Officer’s bid will be considered final once the next Officer bids.

E. If an Officer does not call in their bid during their designated time, it will not be the responsibility of the Company or the Union to make contact with that Officer.

F. An Officer that misses their call in time will be allowed to bid when they do call. However, Officers who have already bid will not be bumped due to that Officer’s tardiness.

G. The Union will conduct the bid process beginning to end, at no cost to the Company. The Union member(s) who conduct the bid process will not be paid any compensation during their participation.

The Company will grant requested time off for up to two (2) Officers who will conduct the bid. This process will be completed within three (3) days when possible.

H. If possible, the Company will provide an onsite telephone / location for bidding.

I. The Union will conduct the bidding process at least forty-five (45) days prior to the end of each schedule in progress.

J. Upon completion, the finalized bid will be provided to the Company within twenty-four (24) hours.

K. The Union agrees that there shall be a 40/40 hour biweekly bid schedule. The exact quantity of each type of bid shall be determined by the Company.

L. The Company agrees that no full-time Officers shall be laid-off as a result of the parties moving to a 40/40 hour full-time biweekly bid schedule.

SECTION 4.2 SCHEDULING – PART-TIME OFFICERS

A. The Company shall provide a part-time seniority roster to the Union for review and approval at least ten (10) days prior to the start of the schedule bid process. The Union will sign off on the roster, signifying it a valid roster.

B. Part-time Officers will receive available working hours based on Article 4.3

SECTION 4.3 VACANCIES / ADJUSTMENTS WITHIN A CURRENT BID

A. Once the scheduled bid process is complete and the working schedule has commenced, should two Officers desire to swap posts, they may do so only for the totality of the remaining duration of the bid and if so approved by the Company. Both parties involved in the swap must be actively working at the time and be able to fulfill the other parties work obligations following the swap and limited to one (1) bid swap per bid. Bid swapping will not be used to circumvent Article 4.1(G).

B. When Officers desire to swap a day for a day or shift for a shift, the proper form will be completed and given to the Captain or designee on shift at that time for approval, which will not be unreasonably held. Employees will be limited to a total of two (2) swaps per month. In addition, an employee can submit a swap with another employee if they are denied a time off request and it will not count against their two (2) swap limit.

C. If the US Government requests a change in bid assignment, the change will not be subject to the grievance process. If a change in bid assignment is a decision of the Company it will be subject to the grievance process.

D. When there is a government mandated bid post adjustment, significant change of the bid structure, or shift start and end times are changed, the Company will notify the Union immediately. In this event the Union and the Company will meet to discuss possible solutions. The adjustment or changes must change the start/end time by more than two (2) hours. This section applies to the changes in existing bids, but will not apply if new posts are created in the period between bids.

E. Within two (2) weeks of the completion of the bidding process, the Company will prepare a bid post schedule for a period of six (6) weeks indicating the bid posts as awarded. Any relief Officers will be scheduled to fill openings before Officers are allowed to sign-up for any remaining vacancies.

Vacancies will then be filled in reverse order up to the most senior relief Officer. Relief Officers still remaining on the schedule for the current work day will be used at the Supervisor’s discretion; to be considered additional staff. The Company will not be required to backfill relief Officer posts when vacant.

F. The Company will make its best efforts to include all scheduled absences from regular duty on the schedule (i.e. all trainings, vacations, schedule leaves, closed posts, etc.). The completed schedule will include all vacancies open for the duration of the schedule (i.e. six (6) weeks).

G. Starting in week six (6) in the posted schedule, full-time Officers removed from the schedule due to a federal holiday will have the opportunity to sign up for 40 hours. The Captain or designee will contact each Officer based on seniority at the beginning of the current work week and offer the available hours.

H. Definitions:

Scheduled Shaded Area: Sunday, Monday, Friday, Saturday Scheduled White Area, Tuesday, Wednesday, Thursday Active Week: Week 1

In week 6, the Administrative Lieutenant or designee will contact the PT staff in order of seniority and offer the posts available in the week 6 shaded area and the active week “white area” based on whether they have already signed up for posts in the active week shaded area. PT staff can sign up for up to 40 hours in either 8- or 12-hour shifts. Once the week 6 call outs are completed, any remaining available hours/posts will be offered on a first come first serve basis. Calls to PT staff who have not signed up for hours in the shaded area will be contacted prior to offering FT Officers OT.

As the weeks progress (i.e., Weeks # 5, 4, 3, 2), PT staff under 40 hours will be permitted to sign up for hours in the shaded area on a first come first serve basis.

I. At the conclusion of the week six (6) sign up period each full and part-time Officer with less than 40 hours will be given the opportunity to sign up for hours in weeks 1- 5 on a “first come first serve” basis, except on their current scheduled work day. The Union and the Company agree that all available hours of work encompassed in the schedule between the weeks designated 5, 4, 3, 2, and 1 (excluding current work day) will be filled by each individual part time Officer who chooses to utilize the “first come first serve” provision of this Article and section. The Union and the Company agree that all available hours of work encompassed in the schedule between the weeks designated 5, 4, 3, 2, and 1 (excluding current work day) will not be filled by AGS contacting individual part time

Officers to fill the available hours, therefore honoring the “first come first serve” provision of this Article and section.

J. Current working day: During Pre-shift briefing (“muster”), the Officer will identify at roll call whether they would like to be considered for available hours (current and future hours available occurring on the shift). If the Officer indicates “Yes” and an opening occurs, the Officer will be filled in accordance with this article. If more than one opening exists, the person highest on the Overtime roster will be offered the opening first. If the Officer indicates that they do not want to be considered (says “No”), the Officer will only be contacted if openings occur in accordance with the mandating procedure.

The shift supervisor will make their best effort not to mandate, however they are not required to contact Officers at home to avoid mandating Officers on shift.

K. With the numerous weeks of Required Annual Refresher Training (ART), P/T staff will be offered an ART Coverage Bid in order of seniority. The ART Coverage Bid will run concurrently with the dates of the full-time Officer’s bid.

2-Bids on M/W 3-Bids on D/W 2-Bids on E/W

At the conclusion of the full-time Officer’s bid, the PT staff will be contacted in seniority order and asked if they would like to accept an ART Coverage Bid. Officers electing to do so will then select one of the available bids.

The PT Officer will then be placed, based upon seniority and if qualified, into the full vacancy created each week a full-time Officer on the selected shift is assigned to ART, regardless of the days off for each week. The Administrative Lieutenant (or designee) will use discretion when filling the vacancy (the Officer must be qualified to cover the open vacancy (i.e., Control or SHU). If the P/T Officer is not qualified to work the post, they will not be scheduled for those shifts. Those affected Officers, deemed not qualified, will have the opportunity to sign up for hours during the 6-week call outs.

L. Temp Full-time schedule for PT Officer.

When a FT bid needs to be filled on a temporary, but extended basis, the Admin Lt. will contact PT staff by seniority and offer the available schedule. Once PT Officer accepts a full-time schedule:

1. They will be placed on the OT wheel for that corresponding schedule.

2. They will work the duration of the bid at the assigned schedule.

3. They can request un-paid time off or may utilize any leave they have accrued.

M.

PT Officer can be mandated no more than five (5) of the eleven (11) Federal Holidays.

PT Officers will provide the Admin LT. three (3) holidays they do not wish to work which preferences will be considered based on seniority.

PT Officers will provide the Admin Lt. a list of shifts they prefer to work.

SECTION 4.4 MANDATING

A. An Officer can be mandated to work four (4) hours earlier than or later than the Officer’s scheduled shift to fill a vacancy on the schedule, subject to the provisions of this Article.

1. Full- or part-time Officers less than 40 hours

2. Overtime

B. If an Officer has been granted time off (vacation, sick, jury duty, bereavement, PFL, Closed Post, Union Business) by the Company during the pay week in progress, that Officer will not be mandated for straight time, if the total of their worked hours and their time off equals forty (40) hours for the pay week in progress. However, an Officer may volunteer for additional time to obtain forty (40) hours at the Straight Time Rate (Straight Time Rate is only for PFL, Closed Post and Union Business).

C. An Officer cannot be mandated to return to work in eight (8) hours or less. This applies to both straight time and overtime, see Article 4.5(H).

D. When an Officer is scheduled for any Company/US Government mandated training/qualification, they will not be mandated for any shift prior to or commencing after the training/qualification commitment, however the Officer may volunteer to work available hours.

E. The Company will make every attempt not to mandate an Officer to stay at the conclusion of the shift on their last scheduled day of their work week or their regular scheduled day(s) off or on an approved day off.

F. The Company will not mandate an Officer to fill a vacancy on the schedule at the conclusion of their regularly scheduled shift if they have been approved for time off for their next scheduled shift. This applies to both straight and overtime.

G. In the event an Officer is “held over” due to being unable to leave the facility (severe weather), all reasonable efforts will be made by the Company to relieve that Officer as soon as possible.

H. During pre-shift muster, available posts will be listed on the board. The shift supervisor will have a list of the scheduled PT staff in attendance and the number of hours they are currently scheduled for. If overtime is required to fill the vacancies, the full-time staff will be utilized first and given the choice of assignments, based upon the overtime wheel. The available P/T staff will then be placed into the remaining vacancies. The PT Officer who is less senior will be mandated first in the event that they and another PT Officer both have the same number of hours (less than forty (40) hours).

I. A full-time Officer on a holiday who has a bidded post that ICE/Government has mandated as closed, with the exception of Transportation Officers on a transport, will not be mandated to fill their forty (40) hours worked but may volunteer to work additional time to obtain their forty (40) hours worked for the week (i.e., Court, Sallyport, Medical 3 Compliance team and Training Officer or any other solicited position).

SECTION 4.5 OVERTIME

A. Upon completion of the bidding process and prior to commencement of the bid post schedule, the Company shall produce a roster of all Officers, specific to each shift, in order of seniority. The roster will be checked and made valid by the Union and shall become the primary overtime roster.

B. When overtime opportunities occur, the opportunity will be offered beginning with the Officer at the top of the primary overtime roster, until the opportunity is accepted. If no one accepts the opportunity, the Officer at the bottom of the primary overtime roster can be mandated to work the hours. Once an Officer has worked overtime, their name will be taken off of the primary overtime roster and put on a secondary overtime roster.. Future opportunities will be offered to the Officer at the top of the primary overtime roster through the Officers on the secondary overtime roster, in order, until the available hours are accepted. Any time that an Officer must be mandated to work the overtime, the Company will begin with the Officer at the bottom of the primary overtime roster. When the primary overtime roster is exhausted, the secondary overtime roster will become the new primary overtime roster and a new secondary overtime roster will be created. Only those Officers working that shift, on that day, will be offered or mandated to work the hours.

C. In the event of “emergent hours” (caused by sudden illness/injury, family emergency etc.) to an Officer on duty, the affected post can be temporarily filled by the most efficient method possible, regardless of seniority, full or part-time status, up to and including mandating, subject to the provisions of Section 4.4.

D. If an Officer is skipped or denied an opportunity to work overtime, they shall be the first Officer offered overtime and moved on the overtime roster.

E. Officers cannot be mandated for overtime on their regularly scheduled days off, however Officers may volunteer to do so. If an Officer volunteers to work on their day off, they will not be mandated past the time they signed up for unless they volunteer to do so.

F. An Officer cannot be mandated to stay for overtime at the conclusion of their regularly scheduled shift if they have been approved for time off on their next scheduled shift.

G. An Officer cannot be mandated to return to work in eight (8) hours or less, however may volunteer to do so.

H. In accordance with Government mandate, Officers shall not be required work more than twelve (12) hours out of any twenty-four (24) consecutive hours, except under emergency circumstances.

1. If an Officer works more than twelve (12) consecutive hours in a twenty-four (24) hour period, the Officer shall be paid at a rate equal to twice their wage for each hour after twelve (12) and;

2. The Officer may request their next day off, if scheduled to work the following day, or the Officer may request to report for their shift four (4) hours later than normally schedule

I. The Overtime Wheel shall be updated and posted at the beginning and end of each shift.

ARTICLE 5 WORK SHIFTS

SECTION 5.1 WORKING HOURS

Working hours consist of muster/turnover time, a thirty (30) minute unpaid lunch break, and a fifteen (15) minute paid break, for a total of either eight (8) or twelve (12) paid hours per day.

A. Working shifts are as follows:

(2345 – 0815) 8 hours Morning Watch (M/W) (0745 – 1615) 8 hours Day Watch (D/W) (1545 – 0015) 8 hours Evening Watch (E/W)

SECTION 5.2 BREAKS

A. There shall be one thirty (30) minute unpaid lunch period provided the Officer works a minimum of an eight (8) hour shift.

B. Officers will not be deducted time worked for a 15-minute break, however they will not be compensated for a suspended, denied or lost 15-minute break.

C. Each officer is responsible for ensuring they are offered and/or provided a break. If the officer is not provided a Lunch break or if available a 15-minute break, they are required to contact a Shift Supervisor.

D. The Company will make best efforts to provide lunch breaks on a fair and equitable basis.

E. If required by facility needs, the Company may suspend all lunch breaks and pay Officers for the missed lunch break.

ARTICLE 6 CORRECTIVE ACTION

SECTION 6.1 GENERAL PROVISIONS FOR CORRECTIVE ACTION AND DISMISSAL

A. The Company shall have the right to issue corrective action, up to and including termination, for just cause.

B. If any Officer is to be interviewed and corrective action is contemplated, whether it is verbal or written, that Officer is to have a Union representative present. Both the Officer and Union representative are entitled to know what the meeting is about when contacted by Management and are entitled to consult privately prior to the interview.

C. Progressive corrective action will promote correction of deficient behavior and to achieve the correct behavior by the most proactive means possible. Progressive corrective action will consist of the following steps:

1. Verbal warning

2. Written warning

3. Suspension

4. Termination

D. Depending on the severity of the infraction, the Company may skip one (1) or more of these steps.

In all instances of corrective action, the Company will issue the Chief Union Steward a written description of the incident and of the action taken. If the US Government is mandating the discipline, the Company agrees to provide the Union with a copy of such documentation if the US Government provides it and authorizes its release.

E. In the event that an outside agency is involved in an investigation for alleged charges that may affect an Officer’s employment status, the Company will provide the Union evidence of such if the US Government provides it and authorizes its release.

F. All verbal and written warnings shall be considered inactive after twelve (12) months has passed from the date that the corrective action was issued. All suspensions shall be considered inactive after eighteen (18) months has passed from the date that the corrective action was issued. Inactive corrective actions shall not be considered in determining any future corrective action.

SECTION 6.2 INVESTIGATIONS

A. The Company will conduct an appropriate investigation of any alleged offense of an Officer before taking any corrective action to ensure just cause exists before any corrective action is administered.

B. In the event the Company is aware that a bargaining unit officer is being investigated by an outside agency and the outside agency authorizes AGS to notify the Officer, both the Officer and the Union will receive the proper notifications. However, if the outside agency does not authorize the release of the information, neither the officer nor the union will receive notification of the investigation.

C. It is not the responsibility of the Company to ask the outside agency for authorization to notify the Officer or the Union of the pending investigation.

SECTION 6.3 SUSPENSIONS

A. Suspensions will be issued based on an eight (8) hour day. If an Officer is suspended for three (3) days (24 hours), but works twelve (12) hour shifts, the suspension could be served in two (2) twelve

(12) hour shifts. To accommodate this, suspensions may be scheduled for non-consecutive shifts.

B. If the suspension is brought to grievance and the Officer is found to be issued corrective action without just cause the Company will repay all lost wages, Health and Welfare benefits.

SECTION 6.4 ADMINISTRATIVE LEAVE

A. It is hereby agreed and understood that the Company shall have the right to issue corrective action or discharge an Officer at the written request of the US Government. The Company shall supply documentation from the US Government if the discipline or termination is requested by the US Government and if the US Government provides such to the Company. The conduct for which discipline is being imposed and the penalty proposed should be specified in writing from the person, or persons, initiating the discipline procedures.

B. It is recognized that the US Government retains the sole and final authority for granting and withdrawing an Officer’s site clearance. If an Officer commits an act deemed by the US Government to necessitate that Officer’s removal from the site or the revocation of clearance, the Company agrees to provide whatever information concerning the US Government’s decision that it may possess.

C. It is further understood that any Officer whose clearance is revoked by the US Government may not grieve the corrective action process.

D. Any Officer who is placed on administrative leave or suspended during an investigation mandated by the US Government for an Officer’s action is not entitled to any pay or benefits for lost work, including back pay and benefits, as a result of the unpaid administrative leave or suspension even if the US Government subsequently restores the Officer’s clearance and the Officer returns to work.

E. If the Company places an Officer on unpaid administrative leave or suspends an Officer for a reason not related to a US Government directive, that Officer retains his/her rights under all phases of the grievance procedure and may be entitled to lost pay and benefits should the Company so agree or should an arbitrator so decided.

F. If the US Government removes an Officer from detainee contact, the Company will move the Officer to any current non-detainee contact post per the US Government’s determination. There will be no guarantee such posts exist, however, if they do, the Company will move Officers temporarily out of these posts, regardless of seniority, to accommodate the restricted Officer.

G. The Company will provide the Officer any written account of the results of the US Government investigation, as well as, issue the Officer a “return to work statement” indicating that the Officer is clear to return to work on the date that US Government deems. (ex: Officer Jones can return to full duty on (date), as the PREA investigation has concluded and the allegations are unfounded).

ARTICLE 7 GRIEVANCE PROCEDURE

SECTION 7.1 INTENT

A. At the onset of any issue, good faith efforts will first be made by the affected Officer and the Company to resolve the issue.

B. A grievance shall be defined as any dispute concerning the application or interpretation of this

Agreement, or any dispute concerning wages, hours, discipline, or working conditions of Officers covered by this Agreement. However, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration.

C. The grievance procedures outlined herein shall not be used for any action or order of removal of an

Officer from working under the contract by the US Government, revocation of required clearances by the US Government, or loss of any licenses required by the State of New York. The grievance procedures outlined herein shall not apply to any situation where the Company is acting under the express directives of the US Government or the State of New York.

SECTION 7.2 GENERAL PROVISIONS

A. The number of days outlined in Section 7.3 shall establish the maximum time allowed for the presentation and processing of a grievance. The term “days” shall not include Saturdays, Sundays, or holidays when used in this Article.

B. Should the party bringing the grievance fail to comply with the limits as set forth in this Article, the party who failed to comply with the time limits shall forfeit the grievance. Except that, the parties may extend the time period by mutual agreement, in writing.

C. When the parties hold an official grievance meeting during working…