70RFP222REC000004 (0002).pdf

(x)

70RFP222REC000004

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: Jessica Nelson

OPO/FPS/EACCG/R11/B

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 11/Group B

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP2

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

FPS EAST CCG DIV 2 ACQ DIV(70RFP2)

06/14/20220002

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

06/08/2022

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.)

A. The purpose of this amendment is to revise the due date and time for questions to the

RFP and incorporate revised CBAs for VA0888 and VA3039.

Questions related to this solicitation shall be directed to Jessica.Nelson@fps.dhs.gov and

Nicholas.Milillo@fps.dhs.gov via email no later than 10:00 AM Eastern Time, June 17, 2022.

B. The following CBA-2022-256 is deleted in its entirety and replaced with CBA-2022-283 between Golden Svcs LLC, and Federal Contract Guards of America covers: 10800 Parkridge

Boulevard, Reston, VA (VA3039).

C. The following CBA-2022-244 is deleted in its entirety and replaced with CBA-2022-244, R1

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)

Nicholas Milillo

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: 215-521-3103 nicholas.milillo@fps.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70RFP222REC000004/0002

between Golden SVCS., LLC and Security, Police and Fire Professionals of American (SPFPA), Local

299, covers: 2675 Prosperity Avenue, Fairfax, VA

(VA0888).

Period of Performance: 10/01/2022 to 09/30/2027

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

Sponsored by GSA

FAR (48 CFR) 53.110

6/14/22, 3:20 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/70960/document 1/1

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-2022-244

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 06/14/2022

State: Virginia

Area: Fairfax

Employed on FPS EAST CCG DIV 2 ACQ DIV contract for Protective Security Officer (PSO) services at 2675

Prosperity Avenue, Fairfax, VA (VA0888)..

Collective Bargaining Agreement between contractor: Golden SVCS, LLC, and union: Security, Police and Fire Professionals of American (SPFPA) Local 299, effective 07/01/2021 through 07/14/2024.

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(s).

Attachment 5

RFP #: 70RFP222REC000004

Amendment 0002

CBA-2021-253 Metro III and IV (VA0888).pdf

CBA-2021-253-VA0888.pdf

VA0888 Metro III and IV CBA_newly negotiated.pdf

6/14/22, 3:15 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/70959/document 1/1

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-2022-283

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 06/14/2022

State: Virginia

Area: Fairfax

Employed on FPS EAST CCG DIV 2 ACQ DIV contract for Protective Services Officer (PSO) Services at 10800

Parkridge Boulevard, Reston, VA (VA3039).

Collective Bargaining Agreement between contractor: Golden Svcs LLC, and union: Federal Contract Guards of America Local , effective 03/01/2022 through 03/01/2025.

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(s).

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

GOLDEN SVCS, LLC.

FOR

PROTECTIVE SECURITY OFFICERS

EFFECTIVE DATE: March 1, 2022 TERMINATION DATE: March 1, 2025

2 / 29

AGREEMENT BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

and

GOLDEN SVCS, LLC.

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

ARTICLE 1 PARTIES AND TERMS / RECOGNITION

ARTICLE 2 CLASSIFICATIONS

ARTICLE 3 FAIR EMPLOYMENT PRACTICES / ANTI-DISCRIMINATION

ARTICLE 4 UNION SECURITY AND DUES CHECK-OFF

ARTICLE 5 UNION REPRESENTATION

ARTICLE 6 MANAGEMENT RIGHTS.…

ARTICLE 7 NO STRIKES / LOCK OUT…………

ARTICLE 8 PROBATION PERIOD / SENIORITY

ARTICLE 9 TRANSFER, LAY-OFF, AND RECALL

ARTICLE 10 GRIEVANCE PROCEDURES

ARTICLE 11 ARBITRATION PROCEDURE

ARTICLE 12 DRUG & ALCOHOL POLICY

ARTICLE 13 GOVERNMENT REQUIREMENTS / LICENSING / TRAINING

ARTICLE 14 EXAMINATIONS ………………

ARTICLE 15 PROFESSIONAL APPEARANCE, UNIFORM ALLOWANCE

& EQUIPMENT……………………………………………………..……...14

ARTICLE 16 DISCIPLINE

ARTICLE 17 HOURS OF WORK / WORK SCHEDULE / EMERGENCY

ARTICLE 18 JOB OPPORTUNITIES AND BIDDING PROCESS

ARTICLE 19 WAGES ………………………………………………………

ARTICLE 20 HEALTH AND WELFARE / RETIREMENT

ARTICLE 21 VACATIONS

ARTICLE 22 SICK LEAVE / PERSONAL

ARTICLE 23 HOLIDAYS……………………………………………………

ARTICLE 24 TYPES OF LEAVE…………………………………

ARTICLE 25 LABOR-MANAGEMENT SAFETY COMMITTEE

ARTICLE 26 PERSONNEL RECORDS

ARTICLE 27 SERVICE CONTRACT PROCEDURES AND OBLIGATIONS

ARTICLE 28 SEVERABILITY………………………………………………

ARTICLE 29 WAIVER, ENTIRE AGREEMENT, AND AMENDMENTS

ARTICLE 30 DURATION OF AGREEMENT……………………

APPENDIX A………………………………………………………

3 / 29

PREAMBLE

THIS AGREEMENT is made and entered into on March 1, 2022 by and between the FEDERAL CONTRACT GUARDS OF AMERICA (the “Union”) and GOLDEN SVCS, LLC. (the “Employer” or “Company”).

ARTICLE 1

PARTIES AND TERMS / RECOGNITION

SECTION 1.1

The Employer recognizes the Union as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment, or all other conditions of employment for all bargaining unit employees employed at various federal agency sites in 9325 Discovery Blvd, Manassas, VA;

10800 Parkridge Blvd, Reston, VA; and, 9500 Center Street, Manassas, VA under NLRB certification #05-RC-226878, along with 14979 Murdoch Rd, Chantilly, VA 20151, which the Parties have accede to this Agreement by a majority show of interest. The bargaining unit is defined as all full-time and regular part-time Protective Security Officers (“PSO”) employed by the Employer and assigned to Federal agency sites in Manassas, VA, Reston, VA, and Chantilly under the Employer’s contract with the Federal Government, excluding all office clerical employees, professional employees, managers and supervisors as defined in the National Labor Relations Act.

SECTION 1.2

The Employer hereby recognizes the Union as the sole bargaining agent for all PSO employees who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Employer; and shall negotiate with the accredited representatives thereof chosen by the Union for the purpose of settling any disputes which may arise concerning wages, rates of pay, working conditions, hours and any other conditions of employment and shall adjust grievances or complaints on any of these matters in the manner provided for in this Agreement.

SECTION 1.3

The Parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated upon; and that the Agreements contained herein were arrived at after the free exercise of such rights and opportunities. All rights, privileges and authority regarding subjects of bargaining not expressly addressed in this Agreement are reserved to the management of the Employer. The Employer agrees to notify the Union of policy or procedure changes, in writing and if requested by the Union, the Employer will meet with the Union to discuss any changes.

ARTICLE 2

CLASSIFICATIONS

Employees are classified as full-time or part-time Protective Security Officers (PSOs).

4 / 29

A. Full-time employees are those employees who are classified as such on the Seniority List who are regularly scheduled to work 34 or more hours per week. The number of Full Time employee slots is determined by the Company based on various post coverage requirements incident to performance of the Client contract.

B. Part-time employees are those employees who are classified as such on the Seniority List, who regularly work less than a full-time schedule.

C. Employees covered by this Agreement shall not be required to perform janitorial services other than picking up after themselves.

D. If an employee leaves a Union covered position for a non-covered position with management, and subsequently returns to the bargaining unit position within 90 days, the employee will retain his/her original seniority.

ARTICLE 3

FAIR EMPLOYMENT PRACTICES / ANTI-DISCRIMINATION

SECTION 3.1

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 operations. 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, Veteran status, or disability (as defined by the Americans with Disabilities Act). 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 3.2

The parties agree that this document uses terms that are gender specific (i.e., “he” or “her”). The application and use of such terms are not intended to discriminate or exclude any individual covered by this Agreement, but rather are intended to reduce redundancies in writing this document.

SECTION 3.3

The Employer agrees to treat all employees in a fair and consistent manner. It is understood, however, that the Client controls and may designate positions within the workplace as “male only” and/or “female only” and that such designation is not considered discriminatory.

5 / 29

ARTICLE 4

UNION SECURITY AND DUES CHECK-OFF

SECTION 4.1

The Company agrees, upon receipt of an individual written request, on a form provided by the Union and signed by an employee covered by this Agreement, to deduct Union dues, fees and/or assessments from the wages of the employee. Such deductions shall be made biweekly from the Company to the Union, or after the employee has sufficient net earnings to cover the Union membership dues or assessments. Funds deducted shall be remitted to the Secretary/Treasurer of the Union. When an employee separates from the bargaining unit, the Company agrees to promptly notify the Union’s Secretary/Treasurer, via the billing department, of any separation of employment and/or extended leave such as military, FMLA, etc., as they occur.

SECTION 4.2

The Union agrees it will promptly furnish a written schedule of the Union dues and/or assessments, initiation and proportionate share payments (if applicable). The Union also agrees to promptly notify the Company 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. The Company will not make any retroactive deductions and is not liable for any deductions if the Union has failed to give prompt prior notice and/or failed to have any authorization cards submitted prior to the fifteenth (15th) of the preceding month.

SECTION 4.3

The Company agrees to furnish the Union, on a quarterly basis (or more frequent if there are changes to the work force), an alphabetized list of employee names, and amount of Union deductions for each employee represented by the Union.

SECTION 4.4

The Union agrees to indemnify and hold the Company harmless from any action or actions growing out of these deductions, and assumes full responsibility of the dispositions of the funds so deducted.

ARTICLE 5

UNION REPRESENTATION

SECTION 5.1

Upon authorization from the Employer, access to its premises during working hours will be given to the Union when necessary for the purpose of addressing Union business with management.

SECTION 5.2

On a quarterly basis at a minimum, or when a change occurs, the Employer shall provide the Union with an alphabetized list of all employees and other information not considered to be in violation of the Privacy Act. For purposes of establishing a seniority list, copies of the alphabetized list may be posted at all facilities covered by this Agreement in seniority order.

6 / 29

SECTION 5.3

The Company agrees to recognize Union Stewards. The Company agrees to allow the Union Steward to be present when an employee, who is the subject of the investigation that could result in discipline, requests a steward to be present during a disciplinary or investigatory interview, and immediately direct the affected employee to the available Union Representative.

The Union agrees that neither the Union nor any of its members will intimidate or coerce PSOs in their right to join a labor organization or refrain from such activity.

A. The Steward Representative is employed to perform full-time work on the post to which each is assigned. The Shop Steward may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement, provided the employee receives authorization from the Employer prior to conducting Union business while on duty.

B. The Union will appoint one (1) Shop Steward and one (1) alternate steward for the bargaining unit, and shall provide the list of such to the Employer, and written notification of subsequent changes.

C. Any Steward having an individual grievance in connection with his own work may ask for the Shop Steward to represent him in accordance with the provisions of Article 10, Grievance Procedures, of this Agreement, below.

D. The Employer will notify the Shop Steward of any new hires.

SECTION 5.4

A short-term Union leave (without pay) may be granted to an employee to attend Constitutional Conventions, Regional and/or State Conferences, etc. provided that no more than one (1) employees shall be granted this type of leave at the same time. The Union shall provide the Employer, in writing, two weeks in advance, the request for such leave. Such leave shall be granted depending upon operational needs of the Employer. Leave requests may be denied, if coverage is not available without the Employer incurring overtime and/or the release will impair the Employer’s contractual obligations. Such leave shall not exceed a total of five (5) days per contract year.

SECTION 5.5

Whenever possible a bulletin board will be provided which may be used by the Union for posting notices that are approved by the President of the Union:

1. Notices of Union recreational and social affairs;

2. Notices of Union elections and nomination sheets for Union officer elections;

3. Notices of Union appointments and results of Union elections;

4. Notices of Union meetings;

5. Notices concerning bona fide Union activities such as: Cooperatives, Credit Unions, Unemployment Compensation Information, benefit information and membership programs;

6. Other notices concerning Union affairs that are not political or controversial in nature or adverse to the Employer and/or the Client;

7 / 29

7. General Union contact information.

SECTION 5.6

The Employer agrees to furnish statements, written material or allegations to the Union in accordance with proper written request procedures related to any investigation giving rise to a grievance involving rights and/or obligations of the collective bargaining unit. The Employer agrees to furnish statements, written material or allegations to the Union upon written request by the affected employee. The number of documents requested by the Union shall be specifically applicable to the grievance and as agreed to by the Union and the Employer. Documents can be provided electronically to the Union. All information provided shall be protected and held confidentially. Release of confidential information is subject to disciplinary action in accordance with the Employee Handbook and the progressive discipline policy as outlined Article 16.

ARTICLE 6

MANAGEMENT RIGHTS

Subject only to such limitations as may be specifically imposed by this Agreement, the Union recognizes that the management of the business and direction of the work force is vested in the Employer, including but not limited to, the right to schedule work, to assign work and working hours to employees, to decide the work amount and location at its facility, to determine the type of services performed, to establish reasonable quality and performance standards, and the most efficient means of providing service, to require from every employee compliance with established operating procedures, to formulate and enforce appropriate Employer rules and regulations, now in effect, or hereinafter enacted, if not covered by the provisions of this Agreement, to hire, suspend, promote, demote, transfer, discharge or discipline for just cause, or relieve employees from duty because of lack of work, client or Government request; or for other legitimate reasons, to maintain discipline and efficiency of employees, to judge skill, ability, and , and to create, eliminate, or consolidate job classifications, to control and regulate the use of all equipment and other property of the Employer and to subcontract work which would otherwise be performed by the employees subject to this Agreement at the convenience of the Government. The above-mentioned rights reserved to management are not intended to deny or limit the Employer in other managerial rights which are not covered by this Agreement and which were previously exercised.

ARTICLE 7

NO STRIKES / LOCK OUT

SECTION 7.1

For the length of this Agreement, the Union will not cause, nor permit its members to cause, nor will any member of the Union take part in, any strike, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the Employer’s or Government’s operations. Nor will the Union authorize or sanction the same. Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the operation of

8 / 29 the Employer and/or the Government as set forth above, the Union shall take the necessary steps to avert or bring such activity to a prompt termination.

SECTION 7.2

During the life of this Agreement, the Employer shall not lockout any employees covered hereunder.

ARTICLE 8

PROBATION PERIOD / SENIORITY

SECTION 8.1 TRIAL PERIOD & PROBATION PERIOD

A. Each newly hired employee not previously employed by the Employer shall be considered a probationary employee of the Company or Predecessor Company during their first ninety

(90) calendar days of employment, during which they may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement. After the probationary period, the new employee shall accrue seniority and all other benefits of this Agreement from the date of his hire.

SECTION 8.2 SENIORITY

A. For benefit purposes seniority for all employees shall mean the total length of time the employee has been employed by the Company and predecessor companies at the federal facilities associated with this contract, unless otherwise provided for in this Agreement.

B. Benefit seniority shall be the total length of time employed on the current or predecessor Employer contract.

C. The Employer shall maintain two unit seniority lists: (1) Full-time employee; (2) Part-time employee. Said lists shall contain original date of hire, last date of hire

D. For employees sharing the same date of hire, seniority shall be determined by the highest number of the last four (4) digits of their social security number.

E. An employee’s seniority and employment shall be terminated upon the occurrence of any of the following events:

1. Employee is discharged for just cause;

2. Employee voluntarily separates;

3. Employee has failed to express their intent to return to work, and/or does not return to work in accordance with the requirements in this Agreement;

4. Employee fails to report to work for three (3) consecutively scheduled days without notifying the Company, except in case of circumstances beyond their control with valid documentation;

9 / 29

5. If an employee transfers to a non-Union position, he/she will retain their seniority for 90 days.

6. An employee accepts employment elsewhere while on leave of absence.

7. Any employee on layoff for more than twelve (12) months.

ARTICLE 9

TRANSFER, LAY-OFF, AND RECALL

SECTION 9.1

In the event the Employer deems a lay off is necessary the Employer shall notify the Union ten

(10) business days in advance whenever possible. Lay-off shall be conducted in the following manner:

1. All probationary employees

2. Part-time employees in inverse order of part-time unit seniority

3. Full-time employees in inverse order of full-time unit seniority

SECTION 9.2

Employees will maintain seniority rights for recall for a period not to exceed 12 months.

SECTION 9.3

When the Employer decides to increase its workforce, prior to employing newly hired or promoting employees they must first offer positions to the effected employees on lay-off in reverse order in which they were laid off.

SECTION 9.4

It is the responsibility of the laid off employee to keep the Company advised of any changes in their mailing address. The employee shall reply to the Company their intent to return to work within seventy-two (72) hours after receipt of certified notice from the Company of recall. The employee will then have a maximum of seven (7) calendar days to report for duty.

SECTION 9.5

Notwithstanding the provisions of this Article, if the Company mails the notice of recall to the most recent recall address contained in the Company’s records for the employee, and there has been no response from the employee within seven (7) calendar days from the date of mailing (the day of mailing is not counted), regardless of whether the employee has actual notice of the recall, the employee will lose recall rights for that position and be returned to the recall list.

10 / 29

ARTICLE 10

GRIEVANCE PROCEDURES

SECTION 10.1

A. A grievance shall be defined as any dispute concerning the application or interpretation of this Agreement, or any dispute concerning wages, hours, or working conditions of employees covered by this Agreement, between any employee(s), the Company or the Union; however, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration provision hereunder. It is expressly understood and agreed, however, that this Agreement incorporates all applicable federal, State and local anti-discrimination statutes, and that any claims of discrimination by the Company, including those based on Federal, State or local statutes, shall be subject to this Article as the exclusive means of redress.

B. The parties shall attempt to resolve all disputes arising in connection with this Agreement on an informal basis. If the parties are unable to resolve such dispute in the manner provided herein, the party making the claim shall, within the applicable time limit set out below, serve a written grievance on the other party.

SECTION 10.2

All grievances shall be in writing and shall set forth the nature of the grievance, the facts on which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The formal grievance will be submitted by a Union representative or company representative. In an effort to adjust the grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

In cases of termination and/or suspensions the parties agree to submit the grievance at step (2) of the grievance procedure.

Step 1: Within ten (10) calendar days following the event giving rise to a grievance, either the Union or Company may submit a written grievance as described above. Union grievances shall be served upon the Program Manager, and Company grievances shall be served upon the union president.

• The grievance shall include;

• The specific provision(s) and or articles allegedly violated.

• The date on which the alleged violation occurred;

• The date the grievance was filed;

• The resolution desired;

• The Company or the Union may assign a grievance number.

• Time limits may be extended by written mutual consent

The Company or the union shall give its written response to the grievance within ten (10) calendar days following the filing of the formal grievance. If the grievance is not satisfactory settled after the Step 1 the grievance may be advanced to step 2 by the grieving party:

11 / 29

Step 2: Within ten (10) calendar days of the Step 1 response the grievance may be moved to Step 2 by the grieving party. The Company’s Vice President of Operations or the Union’s Business Representative or designees will be the appropriate representative in the step. The parties may not add additional complaints to the original grievance.

A written response is due within ten (10) calendar days after the submission of the Step 2 grievance. If the grievance is not satisfactorily settled within ten (10) calendar days from the Step 2 reply, either party may submit the grievance to binding arbitration as specified below.

ARTICLE 11

ARBITRATION PROCEDURE

If the matter is not resolved in Step 2 of the Grievance Procedure:

A. The Union will present a written demand to arbitrate to the Company within seven (7) calendar days of the rejection of the grievance in Step 2.

B. Within seven (7) calendar days after notice to the Company, the Union may request the Federal Mediation & Conciliation Service to furnish a list of seven (7) available arbitrators.

C. Within ten (10) calendar days after the receipt of the list of arbitrators, representatives of the Union and the Company will alternately strike a name and the last remaining name on the list shall be the arbitrator to hear the case. The first party to strike shall be determined by the toss of a coin; for any subsequent arbitrations, the parties will alternate as to who will strike first.

D. The arbitrator shall not have the authority to alter, amend or change the terms and provisions of this Agreement.

E. The fees and expenses of the arbitrator shall be borne equally by the Company and the Union.

F. Time limits set forth for this arbitration provision may be extended only by mutual agreement in writing of the Union and the Company. Holidays shall be excluded in the time limits.

G. The arbitrator shall render a decision within 60 days following the hearing. Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the Union, its members, the employee or employees involved, and on the Employer. Any award of back compensation shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received). Any award of reinstatement shall be subject to the Government permitting the employee to return to work.

H. Only the Union or Employer (i.e., no individual grievant) may move a grievance to arbitration.

12 / 29

ARTICLE 12

DRUG & ALCOHOL POLICY

SECTION 12.1

The Employer is committed to maintaining a safe, healthy and productive work environment.

Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the individual and to all those who interact with him/her. The use, sale, purchase, transfer or possession of an illegal drug under federal or State law in the workplace, and the use, possession, or being under the influence of alcohol pose unacceptable risks for safe and efficient operations.

Any employee found to be under the influence of alcohol or illegal drugs, or participating in the sale, purchase, transfer or possession of alcohol or illegal drugs during work hours or on Employer’s property will be subject to corrective action, up to and including termination.

Employees will be required as a condition of employment to participate in pre-employment, periodic, random, post-accident, reasonable suspicion and return to work drug and alcohol testing.

Employees will comply with the employer’s drug and alcohol policy.

ARTICLE 13

GOVERNMENT REQUIREMENTS / LICENSING / TRAINING

SECTION 13.1

The parties recognize that they are providing a service to the United States Government (“the Client”). Therefore, the administration of the terms of this Agreement is subject to the wishes of the Client and the Client’s contract with the Employer. The Client may supersede any understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other Government directive not mentioned herein. The Union acknowledges that the Employer’s obligations to the Client are further provided in the Project Work Statement governing the services provided at the worksite.

SECTION 13.2

Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures (e.g., security clearances, medical examinations, uniforms/appearance standards, staffing determinations, assignments, work rules, and drug testing), or with the requirements of the Service Contract Act, the Employer will be permitted to adhere to those requirements.

SECTION 13.3

The Employer agrees to provide the Union with a copy of any Client directive or request affecting an employee’s employment provided a Client request or directive is issued in writing by the Client to the Employer.

SECTION 13.4

Employees are required as a condition of employment or continued employment to possess and maintain certain security clearances, suitability, licenses and/or certifications. It is the employee’s responsibility to keep clearances, suitability, licenses and/or certifications current. Failure to do so

13 / 29 will result in the employee’s removal from the contract. The Employer agrees to timely notify and schedule training and recertification as appropriate. The Employer also agrees to pay for all employer provided training, re-certifications, and/or any required licensing fees.

SECTION 13.5

Employees entering service with the Employer agree that the Employer will perform personal background checks and verification of employee provided references. Submission of information determined to be false, relative to background data, qualifications, experience and/or references, or revelation of detrimental information prejudicial to the Employer’s interest will subject the employee to and is defined as conduct warranting immediate discharge for cause.

SECTION 13.6 WEAPONS PROFICIENCY

All Protective Security Officers will undergo periodic weapons proficiency re-qualifications. If an Officer fails the first session they will automatically be removed from performance from the U.S.

Government contract for services and will have one (1) paid additional session to re-qualify after the required eight (8) hours paid remedial training. The failure of an Officer to re-qualify after two

(2) sessions will result in a notice to the Employee of a fifteen (15) day notice of requalification requirements for continued performance and employment, and the employee may participate in one (1) additional training and attempts to qualify at the employee’s expense. If the employee fails to re-qualify under these conditions they will be terminated.

ARTICLE 14

EXAMINATIONS

SECTION 14.1

Applicants, trainees and candidates for employment may be required to successfully pass a medical/psychological examination and drug screen, physical test, TB test, CPR testing and weapons qualification (if required by classification) specified by the Federal Protective Service (FPS) referenced herein prior to entry on duty. Thereafter, employees may be required to pass annual physicals, TB tests, and random drug and alcohol tests per the FPS. At other times, employees may be required to take “fitness for duty” physical examinations on a case-by-case basis when either ordered by the Government or in accordance with Employer policies (such as, but not limited to, return from FMLA, Worker’s Compensation injury, or other leave of absence).

SECTION 14.2

Any Employer-directed examination or testing will be at the Employer’s expense. PSOs will be paid for all time spent or a minimum of 2 hours straight time pay whichever is greater, such time when not part of the employee’s regular work-day will not count towards overtime. The Employer will not pay for examinations required for return to work for non-work-related injuries and/or illness.

SECTION 14.3

It is agreed that all PSOs must maintain the ability to perform all FPS required physical tasks, including wearing of all duty gear including body armor (if required), and the ability to meet all on-going qualification and training requirements, such as periodic firearms qualifications (if

14 / 29 required). Employees who are temporarily unable to maintain the physical requirements due to a medical condition may be placed on an unpaid administrative leave of absence, or FMLA if applicable, for a period of up to twelve (12) weeks. In the event an employee chooses unpaid administrative leave, the absence shall be for no more than twelve (12) weeks. During the employee’s absence under this Article, their schedule slot may be filled. If an employee fails to be fully qualified after twelve (12) weeks of absence, the employee will be terminated unless a qualifying medical condition constitutes review under the provisions of the Americans with Disabilities Act.

ARTICLE 15

PROFESSIONAL APPEARANCE, UNIFORM ALLOWANCE & EQUIPMENT

SECTION 15.1 GROOMING

PSO’s are required to comply with Employer grooming standards with respect to facial hair (i.e., no beards, long side burns, or goatees). PSO’s are also required to wear respirators in performance of their duties when necessary. If an employee is unable to shave daily due to some medical condition, the employee must provide a U.S. licensed medical provider’s note providing an excuse but will otherwise maintain their appearance as close to standards as possible. The employee shall be responsible for providing the Employer a medical certification from a U.S. licensed medical provider on a monthly basis on the status of their condition.

SECTION 15.2

A neat professional appearance is a requirement of the Employer. It is expected that all employees will exercise good judgment and dress appropriately for their jobs. No non-issued items of clothing or equipment shall be worn by a PSO unless approved by the employer. Employees wearing the Employer’s uniform represent the Employer at all times while in uniform and must conform to the Employer’s uniform standards.

SECTION 15.3

The Employer shall provide seven (5) sets of serviceable uniforms to newly hired full-time employees and four (3) sets to part-time employees.

SECTION 15.4

The Employer will provide each employee with the items identified below. The Employer will replace the items in the event of normal wear or accidental destruction of the item if destruction occurs in the line of duty. However, because employees receive a uniform maintenance and cleaning allowance, employees will be responsible for their own routine uniform maintenance, including but not limited to replacement of buttons, hemming, minor sewing/repair work, etc.

Replacement uniforms will generally be issued within ten (10) days upon request by the employee for the uniform and/or equipment.

Item Quantity Shirts Long Sleeve & Short Sleeve 5 (3*) & 5 (3*) Trousers 5 (3*) Duty Boots ($75.00 every 24 months)** 1

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* (part-time compliment) ** The Employer will provide an allowance of $75.00 every twenty-four months, which shall be in compliance with Employer’s contract with the government.

SECTION 15.5

It is the employee’s responsibility to protect Employer issued equipment. Equipment or uniforms, lost or stolen or destroyed (not in the line of duty and not due to employee’s own negligence) will be replaced at the employee’s expense. Employees are required to sign an acknowledgment that they received each item of clothing/equipment issued permanently to the employee. The acknowledgement will specifically state the conditions under which the items are issued including, but not limited to, care of the article, replacement procedures, cost of replacement by the employee if lost or destroyed, and whether the article must be turned in upon termination or resignation.

Signatures on these forms are not “optional,” nor are refusal of equipment or clothing items. Loss of these articles, other than to normal “wear and tear” shall be chargeable to the employee via payroll deduction in increments if necessary. Employees will be required to wear all equipment in the proper manner for which it was intended. All uniform equipment will be worn according to Government or Company policies.

SECTION 15.6

Upon termination of employment, all Employer issued uniforms and equipment shall be returned to the Employer. Returned clothing shall be returned in serviceable condition. The cost of any missing items shall be the actual cost to the Employer and shall be deducted from the employee’s final payroll check, as provided under applicable law.

ARTICLE 16

DISCIPLINE

SECTION 16.1 JUST CAUSE

The Employer shall have the right to discharge, discipline, or suspend employees for just cause.

No employee who has completed the probationary period shall be suspended or discharged without just cause unless the employee is removed from working under the Contract by the Client at the order or request of the Client, or if the employee’s credentials are denied or withdrawn by the Client. The “final decision” on the employee’s clearance removal shall be determined by the Government, and the Employer shall be held harmless by the Union and the employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties. Upon written request by the affected employee, the Employer will provide the Union written explanation of the Client’s reasons for removal, provided the Client makes this information available. Where the Client provides the Employer with a written order or request for removal, the Employer will provide the Union with a copy of such Client order or request within two (2) calendar days of receipt by the Employer.

SECTION 16.2

Any time an employee is to be interviewed, about alleged or possible misconduct, or an investigation into an incident is conducted, and the employee is to be interviewed in conjunction

16 / 29 with the investigation, the Company shall notify the employee of the right to have Union representation present. Such representation shall be the steward or alternate steward assigned to the employee’s shift. Additionally, the employee has the right to refuse said representation and it shall be noted in the record.

Any disciplinary action will be issued within seven (7) calendar days from when the incident occurred or management became aware of the incident, or within seven (7) calendar days of the completion of an investigation into the incident. Administrative leave is not paid unless it is determined that the employee is blameless. When an employee is placed on administrative leave, the Company shall notify the Union.

SECTION 16.4 PROGRESSIVE DISCIPLINE

The Employer shall apply progressive discipline in a fair and consistent manner.

Progressive discipline shall be applied within seven (7) calendar days from the date the incident occurred and or conclusion of the investigation, excluding holidays as listed in this Agreement.

This deadline will be extended for PSO’s who are on vacation, FMLA, or call off.

First Step: Verbal Counseling with written documentation

Second Step: Written Warning

Third Step: Suspension

Fourth Step: Termination

Progressive discipline for multiple offenses (not of a terminable nature) will be considered by the Employer for a twelve (12) month rolling period from the date of the incident giving rise to the discipline.

The Employer shall have the right to review conduct warranting discipline on a case-by-case basis.

SECTION 16.5 ADMINISTRATIVE LEAVE

Any employee placed on administrative leave for any reason may utilize time available.

ARTICLE 17

HOURS OF WORK / WORK SCHEDULE / EMERGENCY

SECTION 17.1 HOURS DEFINED

It is agreed that employees will not be given time off in order to offset the payment of overtime unless the employee volunteers and is approved by management. Overtime pay is to be paid at the rate of one and one half (1 and ½) times the basic hourly straight time rate. Overtime shall be paid to employees for work performed in excess of forty (40) hours in a work week Hours paid for but not worked, e.g., holidays, sick days, vacation, do not count as hours worked for overtime purposes. Only hours actually worked shall be recognized in determining overtime.

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SECTION 17.2 OVERTIME

Overtime pay shall not be pyramided, compounded or paid twice for the same hours worked.

SECTION 17.3

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, if worked, is considered time worked for the purpose of calculating hours of overtime.

SECTION 17.4

Call-in pay applies when an employee is scheduled and arrives at the facility or is en route to the facility and has not received notice within two (2) hours of scheduled start time that they are not needed. Employees will be guaranteed a minimum of four (4) hours of call-in work or pay in lieu thereof.

SECTION 17.5 TRAINING PAY

The Employer shall compensate PSOs for training time at the hourly base pay rate. If any training is required by the employer on an employee’s day of rest, the employer will pay a minimum of four (4) hours or actual time spent whichever is greater.

SECTION 17.6

The Employer shall post work schedules at least two (2) weeks in advance.

SECTION 17.7 PERSONAL RELIEF BREAKS

Employees will receive one paid fifteen (15) minute break for every four (4) hours of work.

SECTION 17.8 EXCHANGE OF DAYS OFF

Employees may be permitted to exchange hours of work with other employees in the same classification or level, performing the same type of duties in the same work area, subject to approval by the Contract manager. No swaps will be approved if it results in an overtime situation.

Swaps must be requested at least three (3) days in advance and both PSO’s must sign the request.

The Project Manager or designee may exercise discretion in approval of requests with less than three (3) days’ notice, without setting precedent. PSOs who agree, but fail to work the approved swap, may be required to provide documentary evidence to support the call-off and may be subject to disciplinary action.

SECTION 17.9 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 Protective Security Officers. 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 PSOs. It is understood that if the Employer is unable to secure

18 / 29 an adequate number of volunteers to work the necessary overtime, then the available overtime work shall be assigned in reverse rotational order; i.e., bottom-up.

SECTION 17.10 EMERGENCY LOCK-IN

A. 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 locked in. Employees will receive pay for time spent on post; resting/sleeping time will be compensated at the FLSA rate or State minimum whichever is greater in effect at the time.

ARTICLE 18

JOB OPPORTUNITIES AND BIDDING PROCESS

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

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

ARTICLE 19

WAGES

SECTION 19.1 APPENDIX A

See Appendix A for rates. Employees shall receive not less than the rates set forth in Appendix A, attached hereto and made part hereof.

SECTION 19.2 DIRECT DEPOSIT

If the Employer elects to pay by direct deposit, all employees are required to participate and provide appropriate information for their banking institution. Pay errors in excess of $150 will be resolved within five (5) business days after the employee notifies the Employer of the pay error.

If an employee error caused the pay error, the Employer will pay the difference on the next regularly scheduled pay day.

SECTION 19.3 REOPENER

The Parties agree that at least sixty (60) days before the effective date of the wage increase, the Parties will discuss and renegotiate any increase set as reopener in Appendix A.

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ARTICLE 20

HEALTH AND WELFARE / RETIREMENT

SECTION 20.1 APPENDIX A

See Appendix A for rates. Employees shall receive not less than the rates set forth in…