Amendment - 0001.pdf
PDF 964 KB Posted
- Solicitation number
- 70RFP122RE4000004
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Other files
| File | Type | Posted |
|---|---|---|
| 70RFP122RE4000004 A0007.pdf | ||
| 70RFP122RE4000004 0006.pdf | ||
| 70RFP122RE4000004 A0005.pdf | ||
| 70RFP122RE4000004 A0005.pdf | ||
| 70RFP122RE4000004 A0004.pdf | ||
| 70RFP122RE4000004 A0003.pdf | ||
| Amendment - 0002.pdf | ||
| RFP 70RFP122RE4000004 Final 1-10.pdf |
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RFP 70RFP122RE4000004
inspections conducted shall be documented in an inspection report for submission to the Government. The Contractor shall follow through to assure that all Government and Contractor identified defects or omissions in the contract requirements are corrected.
07. CONTRACT TRANSITION AND PHASE-IN
Statement of Work, Section 2 includes a general statement that the phase-in period shall be a maximum of 90 days for startup, from the contract award date to the performance start date.
08. CONTRACT PHASE-OUT
12 months prior to completion of the contract, the Contractor shall furnish the Contracting Officer with a current Seniority List. The list shall include the names of all SCA covered employees on the Contractor’s or subcontractor’s payroll. The list shall also contain the date each SCA covered employee started work on the contract with either the current or a predecessor Contractor. The list shall not contain any Personally Identifiable Information (PII) (e.g. social security numbers). Provision of the seniority list 12 months prior to contract expiration does not relieve the contractor from complying with the requirements of FAR 52.222-41(n) and providing a current seniority list to the Contracting Officer not less than 10 days prior to completion of the contract.
09. DELIVERIES OR PERFORMANCE - TERM OF CONTRACT
The full term of the contract will be up to 60 months, if all established optional ordering periods are exercised. The start and end dates for the base ordering period and each optional ordering period will be defined within the resultant contract. Applicable periods of performance will be established in resultant task orders. Established optional ordering periods may be exercised in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” and FAR 52.217-8 “Option to Extend Services.”
10. CONTRACT ADMINISTRATION DATA
A. Invoicing. After award of this contract, but prior to performance, the Contractor shall meet with the Contracting Officer and Contracting Officer’s Representative upon request to discuss proper invoice preparation and submission. The Contractor and Government shall agree on a standardized invoice format to be used for submission of all invoices under this contract that meets the requirements of FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, Paragraph (g) “Invoice.”
Use of a standardized invoice format will facilitate timely invoice reviews and approvals.
Failure to use the agreed standardized invoice format shall result in rejection of invoices.
B. Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII). Invoices shall be submitted via one of the following two methods:
1. By mail: “FPS-Region 4”
DHS, FPS
jlane Highlight
REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2023-52 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision:
State: North Carolina
Area: Statewide
Employed on FPS EAST CCG DIV 1 ACQ DIV contract for Protective Security Officer (PSO) Service throughout the State of North Carolina.
Collective Bargaining Agreement between contractor: Paragon Systems, Inc., and union: International Union, Security, Police and Fire Professionals of America (SPFPA), effective 12/15/2022 through 01/31/2026.
In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension
Agreement
Between
PARAGON SYSTEMS, INC
And the
International Union, Security, Police and Fire
Professionals of America (SPFPA)
Representing the
PROTECTIVE SECURITY OFFICERS
Assigned to the
Federal facilities throughout the state of North Carolina
TABLE OF CONTENTS
AGREEMENT
ARTICLE 1 PARTIES AND TERMS
ARTICLE 2 PURPOSE OF AGREEMENT
ARTICLE 3 UNION SECURITY & DUES DEDUCTIONS
ARTICLE 4 UNION RIGHTS
ARTICLE 5 MANAGEMENT RIGHTS
ARTICLE 6 NONDISCRIMINATION
ARTICLE 7 HOURS OF WORK
ARTICLE 8 NO STRIKES / NO LOCKOUT
ARTICLE 9 HOLIDAYS
ARTICLE 10 LEAVES OF ABSENCE
ARTICLE 11 PAID TIME OFF
ARTICLE 12 DISCIPLINE AND DISCHARGE
ARTICLE 13 GRIEVANCE, MEDIATION AND ARBITRATION
ARTICLE 14 WAGES
ARTICLE 15 HEALTH AND WELFARE BENEFITS
ARTICLE 16 GENERAL PROVISIONS
ARTICLE 17 SENIORITY
ARTICLE 18 SCOPE OF AGREEMENT
AGREEMENT
This Agreement is entered into December 15, 2022, by all parties, by and between Paragon Systems, Inc. (“Company” or “Employer”), and the International Union, Security, Police and Fire Professionals of America (SPFPA) (“Union”).
Should there be any conflict between the Paragon Policies and Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the Contract between Paragon and the Government, and the Collective Bargaining Agreement, the Contract between Paragon and the Government will control.
ARTICLE 1
PARTIES AND TERMS
Section 1.1 - This CBA covers only those security officers employed under Employer’s Contract 70RFP118DE4000001 (including any successor contract, regardless of number) with the Department of Homeland Security, Federal Protective Service.
Section 1.2 - The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, for the employees of the Company as described in Section 1.1 of this Article and in accordance with the National Labor Relations Act, as amended.
Section 1.3 - For the purpose of this Agreement, the term "employees" shall mean all full- time and regular part-time armed security officers performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, as amended, employed by the Employer assigned to various U.S. Government facilities throughout the State of North Carolina pursuant to contract listed in Section 1.1, and in accordance with Petition 10-RC- 229737, excluding office clerical employees, professional and confidential employees and supervisors as defined in the Act.
Section 1.4 - 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. The date of hire shall be considered the first day standing post. During the probationary period, employees shall be paid at a rate that is fifty cents ($0.50) per hour less than the straight-time rate set forth in Article 14. During their probationary period, the employment relationship between the Company and the probationary employee shall be at will and the probationary employee may be subject to discipline or discharge at the discretion of the Company without regard to the grievance or arbitration provisions of this Agreement.
Probationary employees do not have seniority until completion of the probation period, at which time seniority dates back to the date of hire.
ARTICLE 2
PURPOSE OF THE AGREEMENT
It is the intent and purpose of the Company and the Union that this Agreement shall promote and improve industrial and economic relations between the Company and its employees, and to set forth provisions with respect to rates of pay, wages, hours of work and other conditions of employment covering employees of the Company, and to provide a peaceful method of adjusting grievances that may arise in the course of employment between the Employer and the employees with respect to wages, hours, and other conditions of employment and to provide for an orderly collective bargaining relationship between the Company and the Union.
ARTICLE 3
UNION SECURITY & DUES DEDUCTIONS
Section 3.1 – Union Membership.
A. Membership. All employees covered by this Agreement shall become and remain members of the Union within thirty (30) days after employment or the effective date of this Agreement, whichever is later, and as a condition of continued employment shall maintain their membership In the Union. Membership, for the purposes of this provision, will be deemed satisfied by the employee by (i) becoming a member in good standing by paying the uniform initiation fee and monthly dues and charges pursuant to the Union's Bylaws, or (ii) becoming a financial core member and paying an amount equal to the uniform initiation fees and monthly dues without joining the Union or (iii) paying a service fee which shall be equal to the percentage of the Union initiation fee and monthly dues which reflects the proportion of the amount the Union's collective bargaining expenditures bear to the Union's total expenditures;
provided that employee choosing this option must notify the Union in writing.
B. An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, 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. Also as a condition of continued employment, an employee shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership In the Union, for the duration of this Agreement.
C. 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 required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).
D. An employee shall not be required, as a condition of employment, to pay money to the Union, or to become a member of, or continue membership in, the Union, if he/she is 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.
E. Enforcement, 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 also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the employee, and the Employer will not be required to discharge that employee.
F. Indemnification. The Union agrees to indemnify and hold harmless the Company for any and all costs, expenses (including but not limited to, reasonable attorney's fees), suits, judgments, liabilities, damages, and penalties, that the Company may sustain, incur or be required to pay as a consequence of any claim arising out of its enforcement of Section 3.1.
Section 3.2 – Dues Check Off.
A. The Employer will deduct initiation fees, union dues and financial core fees from the wages of employees who voluntarily authorize the Employer to do so on a properly executed payroll deduction card in the form attached as Appendix C. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the employee has sufficient net earnings to cover the Union membership dues or payments. Funds deducted with a monthly summary showing name, address, date of hire, hourly rate, dues or service fee paid or not paid, and employees who have been terminated or placed on leave of absence shall be remitted to the Secretary- Treasurer of the International Union, SPFPA within fifteen (15) days after the first regular payday of the month.
B. The Union will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and financial core fees. 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 preceding the date that deductions are to be made.
C. Upon timely demand received from the Employer, the Union agrees to represent and indemnify the Employer against any loss or claim, which may arise as a result of the Employer's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.
D. Indemnification. The Union accepts full responsibility for the authenticity of each dues authorization card submitted by it to the Company and any authorization that is incomplete or in error shall be disregarded by the Company and shall be returned to the Union for correction. The Union agrees that, upon receipt of proper proof, it will refund to employees any deduction erroneously or illegally withheld from an employee's earnings by the Company which has been transmitted to the Union by the Company. The Union further agrees to indemnify and hold harmless the Company from any and all costs, suits, expenses (including but not limited to, reasonable attorney's fees), judgments, liabilities, damages, and penalties, that the Company may sustain, incur or be required to pay as a consequence of any claim by an employee for the wrongful withholding of wages under this Article.
ARTICLE 4
UNION RIGHTS
Section 4.1- Stewards.
A. Recognition. The Company recognizes the right of the Union to designate shop stewards.
The Company agrees to recognize the maximum of one Steward and one alternate Steward for each geographical area covered by each Supervisor. Within ten (10) business days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within ten (10) 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: (I) representation of employees in investigatory interviews that might lead to discipline for the interviewed employee, consistent with the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and 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 (4) the right to bring a grievance to the Company'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 the operations of the Company.
Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager, or his/her designee.
Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline for dereliction of duty under Article 12 of this Agreement; provided that it is expressly agreed and understood between the Parties that the Company may schedule investigatory interviews to take place during working time.
Section 4.2 - 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 Company.
Section 4.3 - Government Cooperation. The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees' employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the United States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures and restrictions. The Union further agrees that any actions taken by the Company pursuant to a request from DHS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that DHS or other agency of the United States requests the Company to take may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition or employment, the Company agrees to notify and discuss with the Union the effects of that action.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 - 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 Company unless expressly restricted by other provisions of this Agreement. The Company retains all of its normal, inherent common law and statutory 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 expressly 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 new operational methods; determine, establish, and implement new terms and conditions of employment during the term of this Agreement in the manner that the Company deems necessary for the efficient operation of its business; 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 Company'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; reassign or relocate employees; to set the levels of satisfactory work performance, including quality and quantity of work; institute security measures, security checks or searches designed to deer or detect theft or misuse of Company or client property, resources or assets; set and alter the frequency of pay periods; determine the number of hours per day or week that operations shall be carried on; establish day and night shifts, 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; determine the fact of lack of work; 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 5.2 - The Company 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 Company may determine necessary.
Section 5.3 - The Company 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 Company will bear all costs associated with all company mandated physical examinations. The Employee will bear the cost of follow-up treatment. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Company 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 5.4 - The Company shall have the right to evaluate the work performance of the employees by this Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them. The Company shall have the right to transfer and/or reassign employees, regardless of seniority, in lieu of or in addition to disciplinary action for documented performance issues. Any such action shall be provided to the Union.
Section 5.5 - The Company shall have the right to establish, administer, or change a drug and alcohol abuse prevention program in accordance with federal and state regulations. The Company shall have the right to test employees for drugs or alcohol upon reasonable suspicion, and to discipline employees based on the results of such tests.
Section 5.6 - The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.
Section 5.7 - The above rights of management are not inclusive of all manners or rights which belong to management. Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.
Section 5.8 - The Company agrees to notify the Union in writing prior to any change in policy or work rules affecting the terms and conditions of employment of the Bargaining Unit Employees, in order for the Union to register any suggestions or objections prior to implementation. This applies to permanent or extended policy or rules and not immediate or temporary policy or rules required to handle imminent or emergency situations.
ARTICLE 6
NONDISCRIMINATION
Section 6.1 - 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 Company shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law.
The Company 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.
Section 6.2 - 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 Company and each employee 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 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.O. §2000e et seq.), the Rehabilitation (29 U.S.C. § 793 et seq.), the Civil Rights Act of 1966 and 1971 (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 102-66), the Family and Medical Leave Act of 1993 (29 U.S.G. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C. §4212), applicable state employment and wage and hour laws, the Fair Labor Standards Act, and any other state or federal law relating to employment discrimination or termination, statute or common law.
ARTICLE 7
HOURS OF WORK
Section 7.1 - Purpose of this Article. 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 Company 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 Company, including the scheduling of any pre-shift or post-shift guard mount time or gear- up/gear-down time.
Section 7.2 - A” regular full-time employee” under this Agreement is one who works an average of thirty-six (36) hours per week. All other employees under this Agreement shall be classified as regular part time employees.
Section 7.3 - Workweek. The Company's workweek shall consist of seven (7) days, beginning on Friday at 12:00 a.m. and ending the following Thursday at 11:59 p.m.
Section 7.4 - Workday. A workday shall be defined as from 0000 hours until 2359 hours.
Section 7.5 - Overtime Work. Employees may be required to work reasonable overtime assignments at the discretion of the Company. An employee not excused by the Company from performing assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline. The opportunity to work overtime shall be provided consistent with the Company's needs and circumstances and must be authorized in advance by the Company.
Section 7.6 - Overtime Work. For purposes of this Agreement, full-time employment is defined as thirty-six (36) working hours during a work week. Hours worked in excess of 40 hours during a work week will be paid at overtime as discussed in Article 14.
Section 7.7 - 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 7.8 - The Company 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 Company will have final authority in establishing shifts.
Section 7.9 - Posts and hours are contingent upon the contractual agreement between the Company and the Government. Any changes of shift hours will be discussed with the Union prior to implementation; however, the Company will have final authority in establishing shifts.
ARTICLE 8
NO STRIKES AND NO LOCKOUTS
Section 8.1 – No Strikes. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s operations. It is further understood and acknowledged that it is the intention of the parties that all claims, disputes, or grievances arising under this Agreement be resolved by resort to the grievance and arbitration procedures provided herein. It is therefore agreed that, during the term of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sickout, mass absenteeism, boycott, picketing, or other interference with or curtailment of production of any kind, including sympathy strikes, and that the Union will not cause or permit employees to cause, nor will any member of the Union take part in, any strikes, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the Company’s or Government’s operations for any reason whatsoever. Nor will the Union authorize or sanction the same.
Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any curtailment of work or restriction or interference with the operation of the Company, the Union shall take affirmative action to avert or bring such activity to a prompt termination.
During the term of this Agreement, a refusal by an employee or employees to cross a strike line at the employees’ regular place of employment, established by any other labor organization or established by any other group, shall constitute a violation of this Article.
Any employee who violates this provision may be immediately discharged. Furthermore, it is agreed and understood that, in addition to other remedies, the provisions of this Article may be judicially enforced, including specific performance by way of injunctive relief.
Section 8.2 – No Lockouts. During the term of this Agreement, the Company shall not lockout the bargaining unit or any employee.
ARTICLE 9
HOLIDAYS
Section 9.1 - Eligibility. 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 New Year's Day
Martin Luther King, Jr. Birthday President's Day Juneteenth Independence Day Memorial Day Labor Day Columbus Day Veterans' Day Thanksgiving Day
Employees must work the day before and the day after a holiday to receive the holiday benefit, 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 who is requested and agrees to work on any of the above named holidays, but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline up to and including discharge.
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 9.2 - Rate of 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 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 9.3 - The above designated holidays will be paid as follows:
a. All employees covered by this Agreement will receive holiday pay only on the day the holiday is observed by the client. (E.g., if the holiday falls on a weekend and is observed the following Monday, employees will receive holiday pay only for the Monday on which the holiday was observed, not the weekend day upon which it falls.)
b. Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.
Section 9.4 - Time paid for but not worked as a Holiday shall not be considered as time worked for the purpose of computing weekly overtime.
ARTICLE 10
LEAVES OF ABSENCE
Section 10.1 - Court 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 with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of five (5) work days; provided, however, for the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or she is subject to a jury duty call. For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay (without any supplemental fringe benefit payments), less the amount received by the employee from the court or government agency.
Section 10.2 - Military Leave. The Company 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 10.3 - Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of twenty-four (24) scheduled work hours lost in the event of the death of the employee's parent, sibling, child, step-parent, step-child, stepsibling, spouse, spouse’s sibling, mother in law, father in law or grandparent or spouse’s grandparent. Leave under this section shall be conditioned upon the employee submitting to the Company, if the Company so requests, proof of the death of the deceased and the employee's relationship to the deceased. Additional time off without pay will be provided for officers who attend out-of-state funerals for eligible immediate family members up to a maximum of five (5) days (three paid, two unpaid).
Section 10.4 - Union Leaves of Absence. The Company will permit an authorized representative of the Union an unpaid leave of absence to attend meetings, training and/or conventions for the Union, provided a written request is received by the Program Manager at least three (3) weeks prior to the beginning of such leave, and providing that this leave does not negatively impact Company operations. In no event will more than three (3) Union representatives be permitted leave under this provision. The maximum total period of such leave shall be fourteen (14) days total in any calendar year.
Section 10.5 - Family and Medical Leave.
A. Leave Entitlement. An employee who has been employed by the Company 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 10.6 - Effective February 1, 2023, all non-probationary full-time Officers employed as of that date will be allotted fifty-six (56) hours paid sick leave annually.
Effective February 1, 2024, all non-probationary full-time Officers employed as of that date will be allotted fifty-six (56) hours paid sick leave annually.
Effective February 1, 2025, all non-probationary full-time Officers employed as of that date will be allotted fifty-six (56) hours paid sick leave annually.
When used above, “non-probationary full-time Officers” shall mean an Officer who worked 1872 hours of duty time or more on the prior contract year.
Eligible part-time Officers (meaning any Officer with less than 1872 hours worked in the prior contract year) shall be entitled to pro-rated sick leave based on the number of hours worked in the prior contract year, divided by 1872, then multiplied by 56, to a maximum amount of 56 hours per year.
Employees who commence service on the contract between the eligibility dates set forth above shall be entitled to accrue sick leave at the rate of one (1) hour per thirty (30) hours of duty time, to a maximum of 56 hours, until they reach the following eligibility date.
Sick leave may be used by an employee who calls out at least four (4) hours in advance due to an unexpected illness, or by an employee who has need of such leave to attend a medical appointment.
An employee who has been absent due to illness or injury for three (3) consecutive duty days shall be required to provide verification from a physician licensed by the state of the employee’s residence confirming the employee's illness and authorization for absence from 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.
Any unused sick/personal leave at the conclusion of the contract year will not roll over into the following year but will be paid by the Company in cash to the Employee the pay period following the end of the contract year. Only employees currently on the contract at the end of the contract year shall be entitled to this payout; unused sick leave is not paid on termination of employment.
Section 10.7 - 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 taken. Except as otherwise specifically provided in this Article, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime.
Section 10.8 - Except as otherwise herein 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 that extends beyond thirty (30) days.
Section 10.9 - No employee will engage in employment with another employer while on a leave of absence as provided for herein.
ARTICLE 11
VACATION
Section 11.1 - Eligibility. All employees will earn vacation leave up to the maximum amounts set forth below.
Upon completion of one (1) year of service 90 hours
Upon completion of five (5) years of service 130 hours
Upon completion of fifteen (15) years of service 170 hours
Employees shall be eligible for vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary to the date of hire with the Company or predecessor to the Contract between the Company and the Government. Although vacation accrues during the anniversary year, vacation shall not vest and employees shall not be entitled to take or be paid 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 Company or its predecessor shall not be entitled to any vacation pay.
Section 11.2 - Accrual. Vacation for all employees is earned and accrues based on the employee’s hours worked during the anniversary year. The accrual schedule shall be as follows:
1st through 5th years of employment: .049 hours per hour worked.
6th through 15th years of employment: .070 hours per hour worked.
16th year of employment and after: .091 hours per hour worked.
No employee may earn more than the maximum for that employee’s years of service.
Section 11.3 - Rate of Pay. Employees shall be compensated for vacation at the straight-time rate of paythat was in effect at the time the vacation was accrued during the anniversary year.
Section 11.4 - Vacation Scheduling. Vacation shall be taken at such times mutually convenient to the employee and to the Company; provided, however, the Company 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. The Company will approve or deny all vacation requests within seven (7) business days of receipt. A vacation request not denied within that time shall be deemed approved.
Once granted, vacation shall not be canceled by the Company except in cases of severe operational need; in the event of such cancelation, the Company will reimburse the employee for all non-refundable expenses incurred for that employee’s travel.
No more than five (5) percent of the workforce may be on vacation at any time. The Company and Union shall conduct an annual vacation bid for the following year by seniority, via an annual vacation bid process. After which, any additional vacation requests will be granted on a first-come, first-served basis.
Section 11.5 - Vacation Vesting and Cashout. Vacation vests on the employee’s first Service Contract Act work anniversary, and each anniversary thereafter. Any vested and unused vacation will be paid out in cash to the employee in the first full regular pay period after each subsequent anniversary. An employee with vested and unused vacation on the books upon separation from employment shall be paid such unused vacation balance in cash. An employee with vested vacation on the books who wishes to receive cash in lieu of taking leave may do so at any time during the anniversary year, in increments of no less than eight (8) hours. An employee who cashes out vacation during the anniversary year shall not be entitled to take unpaid leave except under unusual circumstances that must be approved by management.
ARTICLE 12
DISCIPLINE AND DISCHARGE
Section 12.1 - Just Cause. All employees are required to follow the policies and procedures in the Paragon Handbook, their post orders, and Government rules and policies applicable to the contract and duty location. No employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained in this Agreement.
For the following alleged offenses, the parties agree that a proven violation shall constitute just cause for discipline up to and including discharge. For the following alleged offenses, the parties agree to limit the jurisdiction of any arbitrator hearing a grievance under this Agreement to a determination of whether or not the accused employee actually committed the offense. If the arbitrator finds in the Employer’s favor on that question, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the discipline imposed by the Company for a proven violation of any of the following:
A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR Sections 101-20.3.
B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or DHS).
C. Insubordination (including, without limitation, deliberate failure to carry out assigned tasks, refusal of a direct order, abusive language directed toward a supervisor, and similar conduct).
D. Conducting personal affairs during official time without prior approval from the Employee’s supervisor or Project Manager.
E. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.
F. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.
G. Theft, vandalism, or criminal acts.
H. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Company’s Alcohol and Drug Abuse Policy.
I. Improper use of official authority or credentials.
J. Unauthorized use of Government communications equipment or other Government property.
K. Misuse of weapon(s), violation of the Company weapons policy, or possession of private firearm or other private weapon on the job.
L. Violation of Government security procedures or regulations, including, without limitation, those set forth in the Security Guard Information Manual or SmartBook.
M. Violation of state or federal laws regarding the possession or use of a firearm.
N. Unauthorized post abandonment.
O. Failure to…
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