Amendment 0009.pdf

(x)

70RFP122RE4000002

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Philadelphia PA 19106 Attn: John Liu

OPO/FPS/EAST CCG/R4

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 4

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP1

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS EAST CCG DIV 1 ACQ DIV(70RFP1)

03/28/20230009

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

10/28/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Protective Security Officer (PSO) Services Throughout the State of Tennessee

The purpose of Amendment 0009 is to:

1. The date and time for submission of proposals has been extended to April, 4, 2023, 12:00 PM EST.

2. To provide the CBA applicable to the IRS Service Center, CBA-2023-99, as indicated on the post exhibit. It is noted that this is the same CBA as was provided via Amendment 0007, which added the requirement for the IRS Service Center, however, with an updated DOL CBA cover page which reflects the CBA-2023-99 numbering.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Kelly Minturn

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 253-876-9844 kelly.m.minturn@fps.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000002/0009

3. To provide a copy of the most current post exhibit containing the full known requirement for PSO Service for Tennessee Statewide, for those offerors who request it.

The most current post exhibit will be emailed to vendors who previously provided a signed

Non-Disclosure Agreement. Any other vendor who wishes to have a copy of the most current post exhibit, but has not yet provided a signed

Non-Disclosure Agreement, may do so by submitting an email request containing a signed

Non-Disclosure agreement to

John.C.Liu@fps.dhs.gov and fpsacqdiv1@fps.dhs.gov.

If you have previously provided a signed

Non-Disclosure Agreement and do not receive the post exhibit via email by March 29, 2023, 4:00 PM EST, send a copy of your Non-Disclosure Agreement to Kelly.m.minturn@fps.dhs.gov.

4. Proposal revisions are not required, but you may, at your discretion, revise your technical and/or price proposal in light of this amendment.

Any proposal revisions must be received by April 4, 2023 at 12:00 PM EST via email to

John.C.Liu@fps.dhs.gov and fpsacqdiv1@fps.dhs.gov. If you do not submit proposal revisions, your previous submissions will be evaluated. If you submit proposal revisions, the revisions will be evaluated instead of your previous submissions.

Accordingly, please ensure that you clearly indicate what is being revised if you choose to submit any revisions.

5. Offerors are reminded to comply with the language in block 11 of the SF30, offerors must acknowledge receipt of this and all amendments prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing items 8 and 15, and returning 1 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000002/0009

TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER.

6. Offerors are also reminded, per RFP page 66, Price Proposal, using the Pricing Schedule (OF336)(note that the hours for CLINs 0001, 1001, 2001, 3001, and 4001 change via Amendment 0007), the Contractor must submit unit prices and extended prices (i.e., Unit Price x Estimated Quantity) for every line item listed under each potential ordering period (not including the 6 month option available under FAR 52.217-8). The Contractor must also provide a Total Estimated Price for each potential ordering period (i.e., the sum of all line item within that performance period). Contractors submitting partial pricing information shall be ineligible for award. The unit price prevails if a discrepancy exists between the unit price and the extended price.

7. There are no other changes as a result of this amendment.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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CBA-2023-99, Rev. 1, dated 02/23/2023 Amendment 0009

AGREEMENT

BETWEEN

NORTH AMERICAN SECURITY. INC.

and the

INTERNATIONAL UNION, SECURITY, POLICE AND FIRE

PROFESSIONALS OF AMERICA (SPFPA)

representing the

SECURITY OFFICERS

of the

Protective Services Contract

AT

IRS BUILDING, MEMPHIS, TN

CBA-2023-99, Rev. 1, dated 02/23/2023

Table of Contents

PREAMBLE ..…………………………………………………………………………………..3

ARTICLE 1: RECOGNITION

ARTICLE 2: UNION SECURITY

ARTICLE 3: UNION RIGHTS

ARTICLE 4: MANAGEMENT RIGHTS

ARTICLE 5: NONDISCRIMINATION

ARTICLE 6: HOURS OF WORK

ARTICLE 7: WAGES

ARTICLE 8: LEAVES OF ABSENCE

ARTICLE 9: HOLIDAYS

ARTICLE 10: VACATION

ARTICLE 11: HEALTH AND WELFARE BENEFITS

ARTICLE 12: DISCIPLINE AND DISCHARGE

ARTICLE 13: GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE 14: SENIORITY

ARTICLE 15: CONTINUITY OF OPERATIONS

ARTICLE 16: SCOPE OF AGREEMENT

SIGNATURES

CBA-2023-99, Rev. 1, dated 02/23/2023

PREAMBLE

THIS AGREEMENT is made and entered into this 28th day of June 2022, by and between North American Security, Inc. hereinafter referred to as “the Employer”, and the International Union, Security, Police and Fire Professionals of America (SPFPA), hereinafter referred to as “the Union”. Unless otherwise stated herein, the provisions of this Agreement are effective at the date of execution.

ARTICLE 1

RECOGNITION

Section 1.1 – Recognition of Union. The Employer hereby recognizes the Union as the exclusive representative of all full-time, part-time, reserve, armed and/or unarmed security officers, for the purpose of collective bargaining in respect to rates of pay, wages, benefits, hours of employment and other conditions of employment in the bargaining unit(s) assigned to IRS Service Center in Memphis, Tennessee, pursuant to Contract No. 70RFP119DE4000002 with the United States Department of Homeland Security, Federal Protective Service (Government), hereinafter referred to as "the Contract", for which the Union was voluntary recognized or is currently certified by the National Labor Relations Board.

Should there be any conflict between the Policies and Procedures Manual and the Agreement, the Agreement will control. Should there be any conflict between the Contract and the Agreement, the Contract will prevail.

Section 1.2 – Employees. Whenever used in this Agreement, the term "Employee(s)" or "Officer(s)” shall mean all full-time, part-time, reserve, armed or unarmed security officers, employed by the Employer to perform service work on the Contract and as defined by Section 9(b)(3) of the National Labor Relations Act. It is expressly agreed and understood between the Parties that persons enrolled or participating in pre-hire training programs offered by the Employer shall not be considered Employees under this Section 1.2.

Section 1.3 – Probationary Employees. All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) calendar days from the date of hire or rehire. During their probationary period, the employment relationship between the Employer and the probationary employee shall be at-will and the probationary employee may be subject to discipline or discharge at the discretion of the Employer without regard to the provisions of Article 13 of this Agreement.

CBA-2023-99, Rev. 1, dated 02/23/2023

ARTICLE 2

UNION SECURITY

Section 2.1 – Membership. An Employee who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten

(10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, as a condition of continued employment, and shall remain a member of the Union, to the extent of paying an initiation fee and membership dues uniformly required as a condition of acquiring or retaining membership in the Union, for the duration of this agreement.

Section 2.2 – Dues and Fees. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly requires as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communication Workers of America, 487 U.S. 735 (1988).

Section 2.3 – Requests for Discharge. In the event the Union requests the discharge of an employee for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks after the date of that notice. The notice shall contain the reason for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the employee, and the Employer will not be required to discharge that Employee.

Section 2.4 – Right to Work Jurisdictions. Anything herein to the contrary notwithstanding, an employee shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

Section 2.5 – Dues Check Off. The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the employer to do so on a properly executed payroll deduction card. Such deductions shall be made from each paycheck, in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted shall be remitted to the Secretary-Treasurer of the International Union, SPFPA within fifteen (15) days after the first regular payday of the month and the Employer will provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld. The Employer will provide to the

CBA-2023-99, Rev. 1, dated 02/23/2023

International monthly reports which will include officers name, address, city, state, zip code and current wage rates, sorted by Union Local.

Section 2.6 – Schedule of Dues and Fees. The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

Section 2.7 – Employer Indemnification. The Union agrees to fully indemnify the Employer against any loss or claim, including but not limited to any costs, attorney fees, or other obligations or expenses which may arise as a result of the Employer's compliance with the Union membership or check off articles, as well as Section 2.3, Requests for Discharge. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

ARTICLE 3

UNION RIGHTS

Section 3.1. Stewards.

A. Recognition. The Employer recognizes the right of the Union to designate shop stewards. The Employer agrees to recognize the maximum of one (1) Chief Shop Steward for all employees and two (2) stewards for each work shift. Within sixty (60) business days of the execution of this Agreement, the Union shall furnish to the Employer, in writing, the names of each of the Union’s designated stewards. Changes to these assignments shall be provided by the Union to the Employer, in writing, at least five (5) business days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: representation of Employees in disciplinary interviews consistent with Section 12.4 of this Agreement and as permitted under the National Labor Relations Act; the investigation and presentation of grievances in accordance with this Agreement; the transmission of such information messages to and from the Union, which shall originate with and are authorized by the Union’s Officers, provided such messages have been reduced to writing; and the right to bring a grievance to the Employer’s attention at the time of the occurrence in accordance with the terms of this Agreement.

Such duties shall be conducted during non-working time and may not interfere with operations of the Employer. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Employer, but neither the Steward nor the employee shall depart from their normal job assignment without informing their immediate supervisor and disclosing the reason for such departure. Stewards or other employees, who conduct Union

CBA-2023-99, Rev. 1, dated 02/23/2023 business on working time, in violation of this provision, shall be subject to discipline under Article 12 of this Agreement. Provided that, it is expressly agreed and understood between the Parties that the Employer may schedule disciplinary interviews consistent with Section 12.4 of this Agreement during working time.

C. Compensation. Stewards shall not be compensated by the Employer for performing their duties as a shop steward.

Section 3.2 – Union Postings. The Employer shall make a bulletin board available for use by the Union for the posting of notices at each work location (building). It is understood that where space cannot be made available, then a Employer/Union Bulletin Book may be provided for the same purpose. A designated Union official may only remove notices posted by the Union. The Employer designated representative may only remove Employer notices. The Employer reserves the right to remove any item deemed derogatory to the Employer, Employer client, or Employer subsidiaries. Union postings shall be approved by the Employer’s contract manager prior to posting. In the event that the contract manager denies a Union posting, the Union shall be allowed to appeal to NAS’ human resources manager. The decision of NAS’s human resources manager shall be final. This article is not subject to grievance or arbitration.

Section 3.3 – Union Activities. Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Employer.

Section 3.4 – Government Cooperation. The parties recognize that they are providing a service to the United States Government. Therefore, the administration of the terms of this Agreement is subject to the wishes of the Government. The Government may supersede any understanding regarding assignments, hours, shifts, credentials, qualifications, etc., as the Government deems to be in the interest of the Government. Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures (e.g., security clearances, medical examinations, weapon proficiency testing, uniforms/appearance standards, staffing determinations, assignments, work rules, drug testing, etc.), or with the requirements of the Service Contract Act, the Employer shall notify the Union and meet and confer with the Union regarding the impacts of such change. The Union further agrees that any actions taken by the Employer pursuant to a requirement imposed by the Government shall not constitute a breach of this Agreement, and that the taking of any such action or the effects of such action is not abatable. Any action that the Government requires or directs the Employer to take immediately, may be taken without prior notice to or discussion with the Union.

CBA-2023-99, Rev. 1, dated 02/23/2023

ARTICLE 4

MANAGEMENT RIGHTS

Section 4.1. The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Employer. The Employer retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment, determine establish or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise;

determine and select the uniform and equipment to be used in the Employer's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations; to determine the number of hours per day or week that operations shall be carried on; to subcontract any and all barraging unit work, to establish day and night shifts, to set the hours of work and the number of employees for such shifts, and from time to time to change the shifts and the hours of employees thereof, to determine the fact of lack of work; to make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 4.2. The Employer shall have the right at any time to establish, administrate or alter the practices or customs of break periods, and telephone calls by employees and to limit or restrict such practices or customs as the Employer may determine necessary.

Section 4.3. The Employer shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Employer shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Employer may promote, demote, lay off, transfer, or discharge said employee as a result of such evaluation. This Section shall be interpreted in accordance with applicable federal and state law.

Section 4.4. The Employer shall have the right to conduct job studies and to evaluate the work performance of the employees by this Agreement, and shall have the right to

CBA-2023-99, Rev. 1, dated 02/23/2023 transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them.

Section 4.5. The Employer shall have the right to establish, administer, or change a drug and alcohol abuse prevention program in accordance with federal and state regulations. The Employer shall have the right for just cause to test employees for drugs or alcohol and to discipline employees based on the results of such tests.

Section 4.6. The above Management Rights are all-inclusive except where modified subject to this Agreement.

Section 4.7. The listing of specific rights in this Article is not intended as a restriction upon or a waiver of any of the other usual and customary rights of management not expressly listed herein, whether or not such rights have been claimed, asserted, or exercised by the Employer in the past.

ARTICLE 5

NONDISCRIMINATION

The Parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, or membership or non-membership in any labor organization, as provided by law. The Employer shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law. The Employer agrees that it shall comply with all federal and state (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws.

It is expressly agreed and understood that the dispute resolution procedures set forth in Article 13 of this Agreement shall be the sole and exclusive forum for resolving all claims, demands or actions arising under state or federal law arising from the employment relationship between the Employer and its employees to the fullest extent permitted by such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 at seq.), Title VII of the Civil Rights Act of 1864 (42 U.S.C. § 2000e et seq.), the Rehabilitation Act (29 U.S.C. § 793 at seq.), the Civil Rights Act of 1866 and 1871 (42 U.S.C. § 1981 & 1983), Executive Order 11246, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the Civil Rights Act of 1991 (Pub. L. 102-68), the Family and Medical Leave Act of 1993 (29 U.S.C. § 2601 at seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Vietnam Veterans Act (38 U.S.C. § 4212); applicable state employment and wage and hour laws or wage orders, the Fair Labor Standards Act, the National Labor Relations Act and any other state or federal law relating to employment discrimination or termination, statute or common law.

CBA-2023-99, Rev. 1, dated 02/23/2023

ARTICLE 6

HOURS OF WORK

Section 6.1. For the purpose of this Article, a regular workweek of thirty-two (32) hours of work, including lunch periods, shall constitute a normal full-time workweek for full-time employees. All other employees under this Agreement shall be classified as regular part time employees. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Article or this Agreement shall be construed as a guarantee or commitment by the Employer to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Employer. The Employer may conduct a one year look back to determine those employees who have averaged 1664 hours or more to be deemed fulltime for fringe benefits.

Section 6.2. The Employer’s workweek shall consist of seven (7) days, beginning on Sunday at 0001 to Saturday at 2400. Schedules will be posted on a weekly basis, subject to change based on operational necessity.

Section 6.3. A workday shall be defined as from 0001 hours until 2400 hours. No employee shall provide more than twelve (12) hours of service in any twenty-four (24) hour period, unless the work periods are separated by an eight (8) hour non-duty period. Exceptions to this are extreme emergencies (i.e., weather conditions that prevent the relieving shift officers from getting to the building, civil disturbances, natural disasters, etc.).

Section 6.4. Officers will sign-in at their scheduled start time and sign-out when they are properly relieved. If an officer is instructed to document an erroneous arrival or departure time then that officer must immediately contact Management without fear of reprisal.

Section 6.5. The Employer shall have the exclusive right to establish new shifts in addition to the shifts in effect at the time this Agreement was executed. Any change of shift hours will be discussed with the Union prior to implementation; however, the Employer will have final authority in establishing shifts and in the case of an emergency, including an unexpected request by the government client, the employer reserves the right to assign an employee to any shift on a temporary basis for the duration of the emergency.

Section 6.6. Posts and hours are contingent upon the contractual agreement between the Employer and the Government. Should it be necessary to change shift hours or posts The Employer will notify the Union prior to implementation.

CBA-2023-99, Rev. 1, dated 02/23/2023

ARTICLE 7

WAGES

Section 7.1 – Straight Time Rate of Pay. The Employer agrees to pay not less than the following hourly wage rate “Straight Time Rate of Pay”:

TITLE

Current Effective

7/01/22 Effective 7/01/23

Effective 7/01/24

Security Officer (Guard II) $20.27 $23.50 *Reopener *Reopener

Console Operator $20.80 $23.75 *Reopener *Reopener

*The Parties agree to open negotiations for the wage rates listed above at least 60 days prior to July 1st of each year, and each year thereafter, while this Agreement is in place.

Section 7.2 – Overtime Pay. Overtime pay is calculated at one and one-half (1½) times the employee’s straight rate for all hours of work in excess of forty (40) hours of actual work in any single workweek. There will not be any pyramiding of hours worked.

Only hours actually worked will be recognized in determining overtime eligibility.

Section 7.3 – Reporting Pay. An Employee called in to work will be guaranteed a minimum of four (4) hours of work, or if Company deems four (4) hours of work is not available, Employee will be paid for a minimum of four (4) hours’ time. If prior to the completion of four (4) hours, Employee elects to depart, he/she will only be compensated for the actual time he/she worked. Call in is defined as anytime an Employee is required to report to duty when he/she has not been previously scheduled to work.

Should more than one employee be scheduled for and report for the same post, the most senior employee will be given the opportunity to work the post. The employee not working the post shall receive a minimum of three (3) hours of pay provided the error in scheduling is a company error and not an employee error. The extra arriving employee may be required to work at any post at the discretion of the employer

Section 7.4 – Training. The Company agrees to pay employees who are required to participate in all training conducted by the Company, or by the Federal Government pursuant to the contract between the Company and the Government, at the straight time rate of pay set forth in Section 7.1 effective at the time of testing/training.

Notwithstanding the foregoing, in the event that an employee is required to repeat a training course/qualification, the Company shall pay for the employee’s work time while taking such courses, training, or additional weapons range time at the FLSA minimum wage rate or the State minimum wage rate, whichever is higher.

CBA-2023-99, Rev. 1, dated 02/23/2023

However, it is agreed by the Parties that time spent by an employee attending any training, not conducted or scheduled by the Company, that may be required or beneficial in order for the employee to maintain a license under applicable State law, is not compensable time under this Agreement, and the Company shall not be obligated to pay any wages associated with such time. The Company agrees to reimburse employees for any out-of-pocket license fees or class fees required to maintain their State license.

Section 7.5 – Health and Fitness exams. The Company will pay employees up to four

(4) hours at the straight-time rate of pay for health and fitness exams. Any time for health and fitness examinations in excess of four hours will be paid at the FLSA minimum wage rate or the State minimum wage rate, whichever is higher.

Section 7.6 – Travel. The Company will pay the travel pay described in this section if a full-time employee is required to attend mandatory training or work a temporary assignment other than his/her normal assignment, which is farther from the employee's residence than the normal assignment and which is more than sixty (60) miles distant from his/her normal assignment.

The travel time up to 60 minutes each way shall be compensated at the State or Federal minimum wage rate, whichever is higher but shall not accrue or otherwise receive those benefits set for in H&W hereto. The Company will select employees for travel assignments in its sole discretion. The Company will exercise its discretion reasonably, taking into account an employee’s normal work location, availability, and preferences.

Travel time will not be paid on physicals and training that is not in a day’s work, FBI clearance interviews, or other such similar duties.

The Company will make the necessary hotel reservations and arrangements. Company-related travel expenses will not be approved unless authorized in advance in writing by an employee’s supervisor or other company designated manager. The employee will be required to submit a completed Company expense form, including all receipts, within fourteen (14) calendar days after incurring the expense. Authorized expenses will be paid promptly after the Company’s payroll Department has received a fully completed expense form. Expenses should ordinarily be reimbursed within thirty (30) calendar days of receipt of a properly completed form. In the event reimbursement will be delayed beyond 30 calendar days, the employee will receive a written explanation of the delay from the supervisor or other authorized Company representative.

Gasoline expenses on travel for temporary assignments and training shall be reimbursed for all travel that is more than sixty (60) miles from the employee’s home.

Gasoline expenses are calculated assuming 20 miles to the gallon of gasoline, and an average gasoline cost of $4.00 per gallon. The parties agree to meet and negotiate this rate on an annual basis, to ensure that the cost of gasoline in the agreement reflects actual costs.

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Section 7.7 – All Other Time. Except for training and testing discussed in this section, health and fitness exams discussed above, and travel discussed in Section 7.5, above, the Company agrees to pay employees the State or FLSA minimum wage rate (whichever is higher) for all hours worked (as that term is defined under the FLSA) that are not considered work on the contract, and thus are not paid at Service Contract Act rates. Examples of such duties include gear-up time on site (if applicable), travel to a special assignment that is not all in a day’s work, preauthorized firearms cleaning, FBI clearance interviews, and other similar duties.

Section 7.8 – Undisputed Error. In case of an undisputed error on the part of the Employer as to an employee’s pay, proper adjustment will be made on the next paycheck. Employees shall notify the Employer of all errors on the part of the Employer as to an employee’s pay within the shorter of: (1) two working days of learning of the error, or (2) two working days of when the employee should have known by reasonable diligence of the error. It is expressly agreed and understood that this section shall apply, without limitation, to those instances where an employee has separated from employment and believes that his/her final pay was incorrect.

Section 7.9 – Direct Deposit. Employees shall participate in direct deposit.

Section 7.10 – Personal Data. Employees shall promptly notify the Employer in writing of their proper mailing address and telephone number, and of any change of name, address, or telephone number within ten (10) business days of such change. The Employer shall be entitled to rely upon the last known address in the Employer’s official records.

Section 7.11 – Uniforms. The Employer shall provide at no cost to all new employees uniforms and other equipment as required under the Employer’s guard service contract.

It is expressly agreed and understood that the issuance of such uniforms and equipment is at the sole discretion of the Employer. Employees shall maintain uniforms and equipment issued to them, and maintain their personal appearance, in accordance with Employer and Government policy.

Upon termination of employment, Employer issued clothing and equipment shall be returned to the Employer immediately. The Union agrees that all employees, as a condition of employment or continued employment, shall provide written authorization allowing the Employer to deduct from the employee’s final paycheck, the cost of all unreturned issued clothing and equipment. The deduction for such missing items shall be the replacement value to the Employer.

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ARTICLE 8

LEAVES OF ABSENCE

Section 8.1 – Jury Duty Leave. An employee who has completed his or her probationary period and who is required to report for jury duty shall be entitled to leave pay for a maximum of four (4) working days per contract year. Employees to be eligible for compensation, must have notified the Employer within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or she is subject to jury duty call. If the employee is called for jury duty that would interfere with scheduled work hours, the Employer will compensate an amount equal to his/her straight-time rate of pay, less the amount received by the employee from the court or government agency for hours otherwise scheduled. The employee shall submit a copy of payment provided by the court to include a starting time and dismissal time provided by the court.

Section 8.2 – Military Leave. The Employer will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. (“USERRA”). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.

Section 8.3 – Bereavement Leave. A non-probationary Employee who is scheduled but absent from work because of the death and funeral of their husband, wife, mother, father, children (including legally adopted children and/or stepchildren), father-in-law, mother-in-law, sister-in-law, brother-in-law, sister, brother, grandfather, grandmother, or grandchild may take up to three (3) otherwise scheduled consecutive days off beginning the day of the death and ending the day after the funeral. If a death in the immediate family occurs among a member of the immediate family who resided more than two (200) hundred miles from the employee's residence, the employee shall be entitled to five (5) consecutive days paid leave of absence at the employee's straight time rate of pay. Funeral pay for bereavement will be paid at straight time pay up to eight (8) hours prorated based on an Employee’s normal scheduled workday.

Section 8.4 – Family and Medical Leave.

A. Leave Entitlement. An employee who has been employed by the Employer for

12 months and who completed 1250 hours of work during the 12-month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act (“Act”) in accordance with its provisions.

B. Year for Purposes of Determining Leave Entitlement. For purposes of determining an employee’s leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuring period.

Section 8.5 – Union Leave. Union officers or delegates will be granted an unpaid leave of absence for up to two (2) weeks annually, upon written request, for the purpose of attending Union conventions or other meetings of vital interest to the Union with first

CBA-2023-99, Rev. 1, dated 02/23/2023 consideration, however, to the need of full shift coverage being available during his/her absence.

Section 8.6 – Absence Due to Illness or Injury. An employee who is unable to perform the functions of his or her position because of illness or injury may request to use vacation.

Section 8.7 – Sick Leave.

A. Employees shall accrue one (1) hour of paid sick leave for every thirty (30) hours worked. Employees may accrue up to 56 hours of sick leave each government contract year. The Employer will cash out all unused earned sick leave balances at the end of each government contract year. No sick leave will be paid out to an employee who resigns or is terminated for cause prior to the end of the government contract year. Fringe benefits do not accrue during such leave.

B. An employee may use paid sick leave for an absence resulting from: (i) physical or mental illness, injury, or medical condition of the employee; (ii) obtaining diagnosis, care, or preventive care from a health care provider by the employee;

(iii) caring for the employee’s child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship who has any of the conditions or need for diagnosis, care, or preventive care described in (i) or (ii); or (iv) domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (i) or (ii) or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, or assist an individual related to the employee as described in (iii) in engaging in any of these activities.

C. An employee who has been absent due to illness for three (3) consecutive duty days shall be required to provide verification from a license physician, confirming the Employee's illness and authorization to return to work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.

D. Employees taking sick leave in advance for reasons stated in section 10.8 must notify the Employer of the use at least five (5) days prior to use. Employees taking sick leave must comply with nominal call-off procedures as set forth in this Agreement if the time off was not authorized in advance.

E. Employees may not take sick leave under this Section in increments of less than one (1) hour.

Section 8.8 – Rate of Pay. Except as otherwise provided in this Article, for any paid leave taken under this Article, an Employee shall be compensated at the Straight Time Rate of Pay at the time the leave is accrued. Except as otherwise specifically provided in this Article, hours of leave, whether paid or unpaid, shall not be deemed hours of

CBA-2023-99, Rev. 1, dated 02/23/2023 actual work for the purposes of computing overtime or the accrual of health and welfare benefits.

Section 8.9 – Status While on Leave. Except as otherwise provided, it is agreed by the Parties that there shall not be any loss of seniority while employees are on such leaves of absence as provided for in this Article; however, Employees shall not accrue vacation or sick leave or receive holiday pay during any leave of absence. No employee will engage in employment with another employer while on a leave of absence as provided for herein.

ARTICLE 9

HOLIDAYS

Section 9.1 – Recognized Holidays. All employees will receive paid leave for the following eleven (11) holidays (or holiday pay in lieu thereof if required to work the holiday):

Christmas Day Independence Day New Years Day Labor Day Martin Luther King, Jr's Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Juneteenth

Section 9.2 – Eligibility. An Employees must work the day before and the day after a holiday to receive holiday pay, provided the day before and the day after a holiday is not the employee's regularly scheduled day off, or the employee was on a pre-approved vacation day. An employee that performs no work during the workweek in which a named holiday occurs is not entitled to holiday pay.

An Employee who agrees to work on a holiday but does not report to work for such holiday shall not receive holiday pay and shall be subject to discipline.

It is expressly agreed and understood that employees shall not be entitled to holiday pay when on leave, including leave taken under state workers' compensation laws.

Section 9.3 – Holiday Pay. An eligible full -time employee who is not required to work a holiday shall be paid eight (8) hours pay at his or her straight time rate of pay.

An eligible full-time employee assigned to work on a holiday will receive their straight-time wage, together with applicable Health and Welfare benefits and other fringe benefits, for all hours worked plus the eight (8) hours holiday pay specified above.

An eligible part-time employee who is not required to work on a holiday shall be paid a proration of the full-time holiday benefit based upon his or her average weekly

CBA-2023-99, Rev. 1, dated 02/23/2023 hours for the previous two (2) weeks' work. An eligible part-time Employee, assigned to work on a holiday, will receive his or her straight-time wage for all hours worked plus a proration of the full-time holiday benefit up to eight (8) hours based upon their average weekly hours for the previous two (2) weeks work. Holiday pay that is prorated under this Article shall be rounded up or down to the nearest whole hour.

Hours which an employee does not work but for which he or she is compensated under this Article shall not be considered hours worked for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

Section 9.4 – Staffing Holidays

A. In the event staffing has to be reduced during a holiday the following procedures will be used. The scheduling supervisor will contact each employee that is regularly scheduled to work on the holiday and ask if they would prefer to work or be off. If the required staffing total is not met, the Part-time employees will be offered the remaining unfilled positions. If openings still remain, the scheduling supervisor will go in reverse seniority order and by the number of holiday's the employee has worked for that calendar year to determine who will be required to work.

B. When staffing for the holidays and the required number of positions are filled without going through the entire seniority list, the next holidays preference for working will begin at the most senior employee that was not allowed to work the previous holiday.

ARTICLE 10

VACATION

Section 10.1 – Eligibility. Employees who have continuously been employed by the Employer, or by the predecessor(s) to the Contract between the Employer and Government, shall be entitled to annual vacation pay pro-rated based upon hours worked, in accordance with the following schedule:

A. Full-time employees covered by this Agreement who continuously been employed within the Bargaining Unit shall receive eighty (80) hours of paid vacation per year.

B. Full-time employees covered by this Agreement who continuously been employed for a period of eight (8) years shall, as of their anniversary date, begin to earn one hundred twenty (120) hours of paid vacation per year.

C. Full-time employees covered by this Agreement who continuously been employed for a period of fifteen (15) years shall, as of their anniversary date, begin to earn one hundred sixty (160) hours of paid vacation per year.

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D. Part time employees shall be eligible for vacation. Such vacation shall be earned on a pro rata basis per the same schedule as full-time employees described in paragraphs A, B and C of this Article.

Employees shall be eligible for earned vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary of the date of hire with the Employer or predecessor to the Contract between the Employer and Government. Vacation shall not vest and employees shall not be entitled to vacation under the above schedule until the employee has completed each twelve (12) months of employment. If an employee separates from employment for any reason with less than one year and one day of employment with the Employer or its predecessor, the employee shall not be entitled to any vacation pay.

Section 10.2 - Vacation Scheduling. Vacation leave shall be taken at such times mutually convenient to the Employee and to the Employer; provided, however, the Employer shall retain the final right to approve, deny, schedule and cancel all vacations.

Employees may not take vacation in increments of less than eight (8) hours. A vacation request shall be made at least fourteen days (14) in advance of the date the requested vacation is to begin and shall be submitted on a form to be provided by the Employer.

Vacation requests shall be approved or denied in writing within five (5) business days of submission. No more than five percent (5%) of the workforce may be on vacation at any time. Conflicts in vacation scheduling shall be resolved by the Employer consistent with the employee's seniority.