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COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

DIVERSIFIED PROTECTION CORPORATION

AT

Drug Enforcement Administration (DEA)

FOR

PROTECTIVE SECURITY OFFICERS

EFFECTIVE DATE: December 1, 2020 TERMINATION DATE: December 31, 2023

AGREEMENT BETWEEN

and

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

ARTICLE 1 GENERAL PROVISIONS

ARTICLE 2 SENIORITY

ARTICLE 3 JOB OPPORTUNITIES

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 GRIEVANCE PROCEDURE

ARTICLE 6 DISCIPLINE

ARTICLE 7 HOURS OF WORK AND OVERTIME

ARTICLE 8 WAGES

ARTICLE 9 HOLIDAYS

ARTICLE 10 VACATIONS

ARTICLE 11 LEAVE OF ABSENCE

ARTICLE 12 HEALTH & WELFARE AND RETIREMENT

ARTICLE 13 UNIFORM MAINTENANCE & SHOE ALLOWANCE

ARTICLE 14 MISCELLANEOUS PROVISIONS

ARTICLE 15 TRAINING

ARTICLE 16 LABOR MANAGEMENT SAFETY COMMITTEE

ARTICLE 17 CONTINUITY OF OPERATIONS

ARTICLE 18 SEPARABILITY OF CONTRACT

ARTICLE 19 SERVICE CONTRACT PROCEDURES & OBLICATIONS

ARTICLE 20 ENTIRE AGREEMENT

ARTICLE 21 SUCCESSORS AND ASSIGNS

ARTICLE 22 DURATION

PREAMBLE

THIS AGREEMENT is made and entered into on December 1, 2020 by and between the FEDERAL CONTRACT GUARDS OF AMERICA (the “Union”) and DIVERSIFIED PROTECTION CORPORATION, and/or its subcontractors or assigns and its successors (collectively the “Employer” or “Company”).

ARTICLE 1

GENERAL PROVISIONS

SECTION 1.1 RECOGNITION - BARGAINING UNIT

A. The Employer hereby recognizes the Union as the sole and exclusive bargaining agent for the purpose of collective bargaining as outlined in this Agreement, with respect to rates of pay, wages, hours, and any other conditions of employment for all positions as Protective Security Officers (collectively “employees”), certified by the National Labor Relations Board, case#: 5-RC-196167, assigned to the Drug Enforcement Administration (“DEA” or the “Government”) at the following facilities: 600-700 Army Navy Drive Arlington, VA;

22627 Dulles Summit Ct, Sterling, VA; 22400 Shaw Rd, Sterling, VA; 14560 Avion Parkway, Chantilly, VA; 1550 Crystal City Drive, Arlington, VA; 8550 Cinderbed Rd, Lorton, VA; 1440 McCormick Dr., Upper Marlboro, MD, and recognized by the Employer in the following sites: 8701 Morrisette Dr., Springfield, VA; and 10555 Furnace Rd, replacement facilities, and others facilities in and around the National Capitol Region, pursuant to the Employer’s contract(s) with the Government for security, excluding all managers, supervisors as defined by the NLRA, office and/or clerical employees, and all other categories of employees.

B. The term “employee” when used in this Agreement shall refer to the employees in the bargaining unit as described in this Article.

SECTION 1.2 STEWARD SYSTEM

A. The Employer agrees to recognize a steward system. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved by his/her Supervisor to attend to all the business of the Grievance Procedure as outlined in Article 5 of this Agreement. At the employee’s request, the Employer will call for a steward prior to any disciplinary action taken, whether it is written or verbal. The Employer recognizes the right of the Union to investigate grievances and interview employees before and/or after work time and/or during breaks. If the Employer takes disciplinary action during work time, a steward, or another Union representative, will be given time to be present for the disciplinary procedures if the employee requests. The supervisor, at the request of the employee, will release the steward only when properly relieved. The Employer will not be responsible for paying the steward for time spent investigating or handling grievances in this regard. The Union will inform the Employer of any stewards assigned to the DEA.

B. The Union is responsible for providing written notification to the Employer’s Site Management, and the Employer’s Corporate Representative, as to the individuals officially designated to act as representatives of the Union within ten (10) calendar days of their appointment. An employee shall not be permitted to engage in Union duties until the Employer receives notification.

C. If an employee, who is the subject of investigation that could result in discipline, requests a steward to be present during the disciplinary process, the Employer will allow the steward to be present.

SECTION 1.3 UNION ACCESS TO COMPANY

A. The Government and the Employer have the right to enforce access rules and regulations as promulgated by each facility.

B. The Union President and/or the Representative and/or their designee shall be permitted access at a mutually agreeable time, upon prior notification, to the employer. This is subject to the Government security restrictions in effect and for the sole purpose of considering matters covered by this Agreement.

SECTION 1.4 UNION SECURITY / NON-RIGHT-TO-WORK STATE

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

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

B. 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.

C. 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 provided by the Union. 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 shall be remitted to the Secretary-Treasurer of the International Union, by the 15th day of the month for the preceding month.

D. 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.

E. 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 employee any erroneous or improper overpayment made to it.

SECTION 1.5 HOLD HARMLESS

The Union agrees to indemnify and save the Employer harmless against any claim, suits, judgments, or liabilities of any sort whatsoever arising out of the Employer’s compliance with the provisions of this Article.

SECTION 1.6 DUES PAYMENT

A. The Employer will remit all dues that are authorized deductions to the financial

Secretary/Treasurer of the Union on the fifteenth (15th) of the following month the deductions were made. The Employer shall furnish the Union with a deduction list, setting forth the name and amount of dues and initiation fees. The Union agrees to hold the Employer harmless from any action or actions growing out of these deductions commenced by an employee against the Employer; and to assume full responsibility for the disposition of the funds so deducted once they are paid over to the Union. Errors made by the Employer in the deduction or remittance of moneys shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Employer’s attention.

B. The Check-off Authorization Card to be executed and furnished to the Employer by the Union and the Employees shall be the official Union Authorization for Check-off Dues.

The Employer shall accept no other form unless the parties mutually agree to the substitution.

SECTION 1.7 RIGHT TO WORK LOCATIONS

The Company agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. Upon the anniversary date of an employee’s membership into the Union, the member may revoke such authorization upon serving the Union and the Employer with written notice. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues.

SECTION 1.8 ANTI - DISCRIMINATION

The Union and the Employer agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient operation. The Union and the Employer agree that they will use their best efforts to cause the Bargaining Unit employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Employer, and that neither their representatives nor their members will intimidate, coerce or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union. Neither the Employer nor the Union will discriminate against any employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, or disability. The Employer and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Employer and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

SECTION 1.9 FULL AND PART-TIME DEFINED

A full-time employee is defined as one who routinely works more than 32 hours in a one-week period. A part-time employee is defined as one who routinely works less than full-time.

ARTICLE 2

SENIORITY

SECTION 2.1 SENIORITY DEFINED

A. Unit Seniority shall be the length of continuous service dating from the employee’s original date of hire or rehire at the DEA site(s) as a Protective Service Officer (“PSO”) for the Employer or any predecessor Employer.

B. Unit Seniority shall only accrue while the employee is actively employed at the DEA site(s) and has successfully completed his/her probationary period (see 2.6).

C. Seniority shall apply for issues such as job openings, shift bidding, scheduling, vacations and overtime. Shift vacancies shall be filled by seniority from amongst those qualified applicants. Seniority may be used in applying other aspects of this Agreement, as agreed to by the parties.

D. In the event two or more employees have a common seniority date, the order of seniority shall be decided based upon the last four digits of the employees’ social security number, with the advantage going to the employee with the higher number.

SECTION 2.2 SENIORITY LISTS

On seniority list shall be maintained and all sites included on one list. Seniority Lists shall be furnished by the Employer to the proper Union officials within a reasonable time, upon written request by the Union. The Union President or the President’s designated representative must make the request for these lists to the Employer in writing. An employee’s standing on the Seniority List will be final unless protested in writing to the Program Manager, no later than thirty (30) calendar days after the list has been received. This list should list the employees’ name, contact information, and date of hire at a minimum, without request from the union an accurate seniority list shall be posted at each covered location each quarter.

SECTION 2.3 PERSONAL DATA

Employees are required to notify the Employer in writing, on the Employer-provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Employer shall be entitled to rely upon the last known address in the Employer's official records.

SECTION 2.4 TRANSFER OUT OF UNIT

Any Bargaining Unit employee who is promoted to a non-bargaining unit position for more than ninety (90) day shall lose his/her unit seniority. If he/she is returned by the Employer to a bargaining unit position, provided such a position is available, after said ninety (90) day his/her unit seniority will start on that return date. It is understood that such employee will not be allowed to bump another employee already on the seniority list. This length of time may be extended by mutual agreement between the Company and the Union. Bargaining unit employees will retain benefit seniority regardless of time worked outside of the bargaining unit.

SECTION 2.5 BREAK IN SERVICE

Any Bargaining Unit Employee who is absent or leaves the bargaining unit for more than six (6) consecutive weeks for any reason other than absences permitted under the terms of this collective bargaining agreement (including but not limited to approved vacation time, personal leave, military service, etc.), shall lose his/her unit seniority. If he/she returns to the bargaining unit at a later date, his/her unit seniority will start on that return date.

SECTION 2.6 PROBATIONARY EMPLOYEES

Probationary employees will be considered probationary for ninety (90) calendar days after their first assigned work day. The Union represents probationary employees for matters concerning wages, hours and working conditions, but the Employer reserves the right to decide matters relating to transfers, suspensions, discipline, layoffs or discharge of probationary employees without recourse to the grievance procedure contained in this Agreement. Probationary employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The ninety (90) day period referred to in this section may be extended if the Employer encounters a delay in the DEA performing background checks and granting written authorization on newly hired employees.

SECTION 2.7 TERMINATION OF SENIORITY

The seniority of an employee shall be terminated for any of the following reasons:

A. the employee quits or retires;

B. the employee is discharged for cause;

C. a settlement with an employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

D. the employee is laid off for a continuous period of two years;

E. the Government terminates the employee’s credentials;

F. the employee is otherwise asked to be removed from working under the Employer’s contract with the Government; or

G. the employee is absent from work for two (2) working days without notifying the Employer or fails to return to work from an approved leave of absence, unless due to conditions beyond the employee's control.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

A. If a vacancy occurs in a regular position covered by this agreement, the filling of the vacancy shall be done by seniority.

B. When a shift becomes open the Employer will announce such open shift for a period of seven (7) days, this will be known as “posting period”. Any employee who wishes to apply for the open shift shall do so in writing during the posting period. The Employer will consider all applications received, and will award the shift to the most senior qualified employee.

C. In the interest of maintaining continuing operations, the Employer may temporarily assign an employee to a vacant or new shift for a period not to exceed thirty (30) calendar days.

D. Once an employee is awarded a shift, he/she will remain in that shift for a minimum of one hundred and eighty (180) days before applying for another shift, unless an employee is requesting a transfer to a vacant shift, and receives written approval from the Union and the Company.

E. During an approved leave of absence, including military leave, workers compensation, FMLA, disability, etc., an employee’s position would be maintained up to a period provided by law. During this period, the position/shift would be filled on a temporary basis.

At the end of the sixteen-week period, a regular open shift bid will occur. Employees who return after the sixteen-week period will fill any vacant position/shift and be afforded the opportunity to bid when a shift becomes open. The Employer will follow all applicable laws in coordination with this provision.

F. When the Government or the Employer eliminates a shift, the affected officer will select an available shift temporarily until the next bid occurs. If the eliminated shift affects more than one officer the temporary selection would be in seniority order.

G. When the Employer changes the terms of any awarded shifts, such as reduction or additional hours and/or days of rest, then the affected officer could maintain the awarded shift or would be allowed to select another open shift even if the officer had bid into said shift within the one-hundred-and-eight day (180) period.

SECTION 3.2 LAYOFF and RECALL In the event of layoff or recall, when full-time or part-time positions are being reduced, probationary employees will be laid off first, then part time employees in inverse order of seniority, and if necessary full time employees in invers order of seniority. Employees must possess the necessary qualifications to perform the available work. If the employer decides to increase its workforce it shall recall employees on layoff in inverse order for a period of twenty-four (24) months.

ARTICLE 4

MANAGEMENT RIGHTS

SECTION 1. ENUMERATED RIGHTS

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

A. Hire;

B. Assign work and schedule;

C. Promote, Demote;

D. Discharge, discipline, or suspend for just cause;

E. Determine the size and composition of the workforce, including the number of, if any, employees assigned to any particular shift and the number of full-time and part-time employees;

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

G. Require employees to observe reasonable Employer rules and regulations, including mandatory employee cooperation in investigations;

H. Determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted;

I. Determine the qualifications of an employee to perform work;

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

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

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

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

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

O. The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Company, regardless of whether it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it;

P. The right to hire, promote, and transfer employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, promoted, transferred;

Q. The right to schedule all work and hours of work, to determine the need for and amount of overtime, and to assign or require employees to work overtime; and

R. The right to make and enforce work rules not inconsistent with the express provisions of this Agreement, which may be published from time to time in a handbook or policy manual which is incorporated herein by reference.

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation or misapplication of any provision of this Agreement or the challenge of any disciplinary action taken against a Union employee. This provision is not intended to limit or prohibit the rights of any party to seek relief from other third parties. In addition, the grievance procedures outlined herein shall not apply to any situation where the Employer is acting under the written directives of the DEA.

The term “days” shall not include Saturdays, Sundays, or holidays when used in this Article.

SECTION 5.2 GENERAL PROVISIONS

The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance, unless otherwise agree by the parties to extend those time limits.

SECTION 5.3 GRIEVANCE PROCEDURE

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

A. Informal Step - Both the Employer and the Union agree that the employee will first discuss his/her complaint with his/her immediate supervisor. If during the course of this discussion either the employee or the supervisor deems it desirable, the Union representative or his/her designee will be called in. If the complaint is not satisfactorily adjusted within three (3) working days of the informal discussion, it may be submitted in writing to the Project Manager or his/her designee in accordance with Step One.

B. Step One - If the matter is not resolved informally, the employee shall, not later than ten

(10) days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved employee, Union representative and or his/her designee, and shall be submitted to the Program Manager or his/her designee. The Program Manager or his/her designee shall have ten (10) days from the date the grievance was presented to him/her, to return his/her decision, in writing, with a copy to the aggrieved employee and Union President.

C. Step Two - If the grievance is not settled in Step One, the grievance may be appealed in writing to the Labor Relations Specialist/Director of Operations or designee not later than ten (10) days from the denial by the Program Manager or his/her designee. The Labor

Relations Specialist/Director of Operations or designee will have ten (10) days from the date the grievance was presented to him/her, to return his/her decision, in writing, with a copy to the aggrieved employee and Union President.

D. Grievance for Discipline - Any grievance involving the discharge or other discipline may be commenced at step two (2) of this procedure. The written grievance shall be presented to the Program Manager through the Supervisor or his/her designee within ten (10) days after the occurrence of the facts giving rise to the grievance.

SECTION 5.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Union, giving the Labor Relations Specialist/CEO or designee written notice of its desire to proceed to arbitration not later than fifteen (15) days after rejection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 5.3, which remain unsettled, shall be processed in accordance with the following procedures and limitations:

A. Pre-Arbitration Hearing - The parties agree to hold pre-arbitration hearings either in person or by phone requiring a senior manager of the Employer and Union President (or designee) to make a final effort to settle the grievance before arbitration.

B. Selection of an Arbitrator - Within fifteen (15) days of receipt of the Union’s written notice to proceed with arbitration, the Union will request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

C. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. In disciplinary cases the arbitrator must apply the principles of the progressive disciplinary system.

D. Arbitration Expense - The arbitrator’s fees and expenses, including the cost of any hearing room, shall be shared equally between the Employer and Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred in bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

E. Time Limits - The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her.

SECTION 5.5 CLASS ACTION

The Union shall have the right to file a group grievance (class action) or grievances involving more than one (1) employee at the Informal Step of the grievance procedure.

SECTION 5.6 INDIVIDUAL GRIEVANCES

Only the Union may move a grievance to arbitration.

ARTICLE 6

DISCIPLINE

SECTION 6.1 JUST CAUSE

After completion of the probationary period, no employee shall be dismissed, suspended or otherwise disciplined without just cause, unless the employee is ordered by the Government to be removed from working under the Employer’s contract with the Government, or if the employee’s credentials are denied or terminated by the Government. In cases of such removal the company will provide the union with any documentation received from the government.

SECTION 6.2 GENERAL PROVISIONS

The Union has the right to grieve or arbitrate on behalf of all employees that are disciplined, except for cases when the Employer is acting under the written direction of the DEA, or when the Government has notified the Employer, in writing, that the Government has lost confidence in the employee. The Union retains the right to grieve and/or arbitrate the accuracy of any information provided by the Employer to the DEA. The Employer shall give the Union President notice of all discipline, including the grounds for discipline and the Union President shall be copied on all documentation concerning the discipline as the documentation is issued. The employee will have the right to submit a written response to the Employer’s statement. Standards of Conduct that are Employer work rules shall not be changed without first discussing such changes with the Union.

Moreover, the Employer retains the right to enforce the Standards of Conduct with disciplinary action up to and including termination, as required by the Government contract.

SECTION 6.3 PROGRESSIVE DISCIPLINE FOR LESSER OFFENSES

Generally, discipline shall be applied in the following manner:

A. With respect to an employee’s first offense of any manner, the employee will be given a written/verbal reprimand upon completion of the investigation and adjudication procedure.

B. When an employee as a second offense of any manner, the employee will be given a written reprimand upon completion of the investigation and adjudication procedure.

C. The when an employee has a third offense of any manner, the employee shall be suspended without pay for a period of 1 to 3 days at the sole discretion of the employer

D. The with respect to an employee fourth offense of any manner, the employee shall be terminated.

All discipline that is more than twelve (12) months old will not be considered for progressive discipline. Generally, disciplinary decisions for lesser offenses will be rendered within seven

(7) days and disciplinary decisions for major offenses will be rendered within fourteen (14) days.

The parties acknowledge that, under certain circumstances, individual cases may take longer to evaluate, in which case an extension of time will be requested and shall not be unreasonably denied.

SECTION 6.4 UNEXCUSED TARDINESS

Disciplined for unexcused tardiness of 15 minutes or less shall be applied as follows. This tardiness is defined from the start of guard mount. Management reserves the right to reassign scheduled duties to another officer for that day if the scheduled employee is tardy. Unexcused tardiness is defined as failure to call in, or failure to provide a verifiable excuse for the tardiness.

Acceptable reasons that may result in excused tardiness include, but are not limited to, situations that are outside of the employee’s control (example: documented public transit breakdown, weather related delay, or documented sudden series illness).

A. With respect to a first unexcused tardiness or call off, the employee shall be given a written verbal reprimand upon completion of the investigation and adjudication procedure.

B. With respect to a second unexcused tardiness recall off, the employee shall be given a written reprimand upon completion of the investigation and adjudication procedure.

C. With respect to a third unexcused tardiness, the employee shall be suspended without pay for a period of three days at the sole discretion of the employer.

D. The with respect to a fourth unexcused tardiness or call off, the employee shall be terminated.

The disciplinary matrix shall not apply to no-call/no-shows, which are considered serious offenses and are subject to disciplinary action up to termination.

SECTION 6.3 REMOVALS FROM THE SCHEDULE

When an employee is removed from the contract without pay during the pendency of an investigation, whether at the request of the Government or otherwise, such employee may apply for unemployment compensation for the duration of such administrative leave. In addition, such employee may seek and retain other employment without abandoning the employee’s position, or causing a break in the employee’s seniority, which shall continue to accrue during the removal.

SECTION 6.4 DISCIPLINARY STALENESS TIMELINE

All disciplinary action over twelve (12) months old will not be considered in future disciplinary matters. An employee may request an appointment to review his/her site or corporate file in the presence of a site supervisor or designee, and if requested, a union representative. Requests to review the site or corporate file shall be made through the on-site supervisor. The supervisor will arrange for the review in a timely manner.

SECTION 6.5 ISSUANCE OF DISCIPLINE

The employer will have seven (7) days to issue discipline from the date it became aware of the issue triggering the discipline and or seven days from the date an investigation is complete.

ARTICLE 7

HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY and WORKWEEK For purposes of this Article, a regular workweek of forty (40) hours of work, fifty-two (52) weeks per year (excluding leave and holiday time), excluding lunch periods, shall constitute a normal workweek for employees. However, nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per week. Shifts shall be scheduled at the discretion of the Employer to fulfill the needs of the Government.

SECTION 7.2 OVERTIME

An overtime rate of time and one-half (1½) of an employee’s base rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 7.3 OVERTIME REQUIREMENT

If requested to work overtime (i.e. over forty [40] hours in a workweek) or extra hours, the employee shall be required to do so unless the employee is excused for good cause.

SECTION 7.4 OVERTIME DISTRIBUTION

Overtime work will be distributed on a fair and equitable basis among all employees. Overtime work will be rotated by seniority. The available overtime will be offered to the most senior employee available to work the overtime. Once offered, whether worked or not, the next available overtime shall then be offered to the next most senior available PSO. Unless desired by the employee, overtime will not be assigned to an employee on his/her days off except in the case of an emergency. Overtime records shall be maintained at the site and shall be accessible to employees and to the Union. Errors in the assignment of overtime shall be corrected by the offer of the next overtime available to the PSO. It is understood that if the Employer is unable to secure an adequate number of volunteers to work the necessary overtime that available overtime work shall be assigned in reverse rotational order; i.e., bottom-up.

SECTION 7.5 REST PERIOD

Employees will receive a paid fifteen (15) minute break for every four (4) hours of work, regardless of whether the employee is physically away from their post. If business operations permit, the Company shall provide relief so that employees can step away from their posts to take their rest period.

SECTION 7.6 CALL-IN / CALL-BACK PAY

A. An employee called into work as requested will be guaranteed a minimum of four (4) hours of work or pay.

B. Call-back applies to an employee who is called back to a Client facility or designated work site after completing a shift. An employee called back to the facility/work site after they have left the site shall be paid for the time actually worked upon return to the facility/work site, or a minimum of four (4) hours, whichever is greater. Call-back time, whether worked or not, is considered time worked for the purpose of calculating hours of overtime

SECTION 7.7 SCHEDULING

A. Seven-day schedules will be posted three (3) weeks in advance, whenever possible. When changes to the schedule are necessary, the Employer agrees to give as much notice as possible. Upon overtime work being awarded to an employee, such schedule shall be confirmed and locked in for said employee seven (7) days prior to actual date of overtime assignment and not be subject to bumping.

B. Holiday work schedules will be posted one (1) month prior to the holiday, or as soon as client task order is issued. Employees desiring to work the holiday will post for the available openings. The Employer retains the right to assign the necessary number of by reverse seniority order to work. The final holiday schedule will be posted two (2) weeks prior to the holiday.

C. All employees shall be scheduled with at least two (2) consecutive days off of work, unless scheduling does not permit in cases of emergency or as directed by the DEA. The Project Manager or designee may approve an employee's request to switch scheduled days off and shifts within the same pay period with another employee, with a three (3) day advanced notification.

SECTION 7.8 SHIFT DIFFERENTIALS

All work performed between the hours of 1800 to 0600 will receive a 4% premium per hour shift differential pay for the life of this Agreement.

SECTION 7.9 GEAR UP - GEAR DOWN

If the employer requires an employee to attend a guard mount, the employee shall be paid for all time spent at the employee’s applicable wage during the time of guard mount, which shall be a minimum of fifteen (15) minutes at the beginning or the shift and fifteen (15) at the end of the shift.

ARTICLE 8

WAGES

SECTION 8.1 WAGE SCHEDULE

Current Effective January 1, 2021

Effective January 1, 2022*

January 1, 2023*

$30.45 $31.15 Reopener Reopener

* The Parties shall begin negotiations at least sixty (60) days before each reopener’s effective date.

SECTION 8.2 WORKWEEK AND PAYDAY

The workweek starts on Sunday at 12:01AM and ends the following Saturday at 12:00AM (midnight). Employees will be paid on a biweekly basis on Monday with the Employer, subject to change by mutual agreement.

SECTION 8.3 UNDISPUTED ERROR

In case of an undisputed error on the part of the Employer as to an employee’s rate of pay, proper adjustment will be made within one (l) week: for undisputed errors over $100.00, after the Employer is given written notification of the error. All other such undisputed errors will be made on the next paycheck.

SECTION 8.4 DIRECT DEPOSIT

All employees covered by this Agreement shall, as a condition of continued employment, be on direct deposit.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

The following 11 days are recognized Holidays (regardless of the name of the holiday) at the DEA Facility:

New Year’s Day Independence Day Martin Luther King Jr. Day Labor Day President’s Day Memorial Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

* One (1) Floating Holiday

SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS

A. Any full-time employee who works as scheduled on a holiday shall receive the hourly rate for all hours worked, and, shall receive eight (8) hours holiday pay at the straight time rate, providing they work the last scheduled day before and after the holiday.

B. A full-time employee who is not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift or premium for that holiday.

C. * PSO’s who desire to take the floating holiday shall notify their supervisor in writing, at least four (4) weeks in advance of the start of the floating holiday. If two or more PSO’s request the same day off, and submit their request at the same time, seniority shall be the determining factor if PSO’s are regularly posted on the same shift. The Company shall respond to the PSO’s request within five (5) working days of approval or denial.

D. The employee will be paid holiday only if:

1. The employee works as scheduled or assigned both on his/her last scheduled work day prior to and his/her first scheduled work day after the day on which the holiday is observed; and

2. The employee is not laid off, or on an unpaid leave of absence.

E. A part-time Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee is eligible for pay during the two (2) week pay period in which the holiday occurs. Part-time holiday prorating shall be based upon total non-holiday work days in the pay period.

F. Any part-time Employee who works as scheduled on a holiday shall the regular hourly rate for all hours worked, and in addition shall receive prorated holiday pay as described above in Section 9.2(C).

G. An employee who is scheduled to work on a holiday and fails to report for such work without reasonable cause shall forfeit the employee’s holiday pay.

SECTION 9.3 EMERGENCY SHUTDOWN

A. This refers to unexpected closure of the Federal Government due to severe weather or other regional emergency events. In the event that such a closing occurs, employees will be excused and may take leave without pay or accrued personal leave or vacation leave, at the employee’s option. Employees who have reported to work without receiving timely notice of the closure will receive four (4) hours “call in pay”.

B. In the event that work is mandatory during emergency shutdown conditions and the schedule is reduced, employee(s) shall be called into work in seniority order. Senior employees will have the first right of refusal for the available work. Should the Employer need additional employees the employer will mandate employees in inverse order of seniority to fill the available positions. Employees mandated for work will be paid for a minimum of four (4) hours or actual time worked, whichever is greater.

C. The Employer and the Union understand critical security services are being provided to the Federal Government. Employees who are “locked in” and cannot leave the facility will be provided with the basic essentials while on lockdown. Employees will receive full wages, as described in this Agreement, for all time spent on lockdown.

SECTION 9.4 GOVERNMENT SHUTDOWN

A. Should a Government closure occurs, that is not weather related and a facility is closed by a directive of the President or the Government, the Employer will pay employees who were scheduled to work at the time of the closing on the condition that the Employer receives payment from the Government for that time. Employees will be excused and may take leave without pay or accrued personal leave or vacation leave, at the employee’s option.

Employees who have reported to work without receiving timely notice of the closure will receive four (4) hours “call in pay”, regardless whether the Employer receives payment from the Government.

B. The Employer shall follow the following steps to staff the available positions:

The Union shall be notified as soon as the Employer is made aware of the Government shutdown.

A list of available hours shall be provided to the Union.

A volunteer vacation and PTO list shall be posted. Employee will be allowed to utilize available time during the Government shutdown.

Remaining full-time PSO’s will be reduced to 32 hours a week in seniority order.

This will provide available hours to the greatest number of employees.

Should it be further necessary to reduce the hours of full time PSO’s the employer will try its best to distribute the available hours fairly. Employees will be allowed to utilize accrued time to compensate for the reduction of available hours.

Full-time and part-time PSO’s who have not received hours will be offered temporary layoff status.

The Union will assist the employer in the process.

ARTICLE 10

VACATIONS

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES

A. Eligible full-time employees shall be entitled to annual vacation pay, based on their continuous years of service with the Employer or its predecessor at their individual hourly rate at the time payment is made in accordance with the following schedule:

Upon completion of one (1) year of service - 80 hours Upon completion of three (3) years of service - 120 hours Upon completion of ten (10) years of service - 160 hours Upon completion of fifteen (15) years of service - 200 hours Upon completion of twenty (20) years of service - 240 hours

B. Eligible part-time Employees shall be entitled to prorated vacation per the schedule contained in Section 10.1,…