Attachment_5a_-_SPFPA_(FBI_-_Winchester),_Amendment_0002.pdf

AGREEMENT

BETWEEN

FJC SECURITY SERVICES, INC.

and the

INTERNATIONAL UNION, SECURITY, POLICE AND FIRE

PROFESSIONALS OF AMERICA (SPFPA)

thereof representing the

SECURITY OFFICERS

Assigned to the

Federal Bureau of Investigation (FBI) facilities currently located at 170 Marcel Drive and 112 North Braddock Street, Winchester, VA

Attachment 5 - DOL Determinations (CBAs) CBA-2017-10422 (FBI)

Table of Contents

PREAMBLE

ARTICLE 1: RECOGNITION

ARTICLE 2: UNION SECURITY

ARTICLE 3: UNION RIGHTS

ARTICLE 4: MANAGEMENT RIGHTS

ARTICLE 5: NONDISCRIMINATION

ARTICLE 6: HOURS OF WORK

ARTICLE 7: WAGES

ARTICLE 8: LEAVES OF ABSENCE

ARTICLE 9: HOLIDAYS

ARTICLE 10: VACATION/PTO

ARTICLE 11: SICK/PERSONAL LEAVE WITH PAY

ARTICLE 12: HEALTH AND WELFARE BENEFITS

ARTICLE 13: SENIORITY

ARTICLE 14: DISCHARGE AND DISIPLINE

ARTICLE 15: GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE 16: CONTINUITY OF OPERATIONS

ARTICLE 17: WEAPONS

ARTICLE 18: TESTING, TRAINING AND RE-QUALIFICATION

ARTICLE 19: SAFETY

ARTICLE 20: SCOPE OF AGREEMENT

SIGNATURES

PREAMBLE

THIS AGREEMENT is made and entered into on July 3, 2017 by and among FJC SECURITY

SERVICES, INC. (hereinafter referred to as the “Company”) and the INTERNATIONAL

UNION, SECURITY, POLICE AND FIRE PROFESSIONALS OF AMERICA, (SPFPA)

(hereinafter referred to collectively as the “Union”). Unless otherwise stated herein, this

Agreement shall be deemed effective as of the effective date of this agreement.

ARTICLE 1: RECOGNITION

SECTION 1.1 – Recognition of Union. The Company hereby recognizes the Union as the sole and exclusive bargaining representative of “employees” as defined in Section 1.2 of this

Agreement.

SECTION 1.2 – Employees. Whenever used in this Agreement, the term “employees” shall mean all security officers covered under the National Labor Relations Board Certification, Case

05-RC-102971 and includes all full-time and part-time armed and unarmed security officers and

Sergeants employed by the employer at the Federal Bureau of Investigation (FBI) facilities currently located at 170 Marcel Drive and 112 North Braddock Street, Winchester, VA or employed to provide additional services requested against these sites even if not provided at the forgoing addresses or its successor(s), excluding temporary personnel as defined in Section 1.4 of this Agreement, irregular part-time personnel as defined in Section 1.6 of this Agreement, office clericals, managerial personnel, confidential personnel, supervisors as defined by the National

Labor Relations Act, and all other personnel. It is expressly agreed and understood between the parties that persons enrolled or participating in pre-assignment training programs offered by the

Company shall not be considered employees under this section 1.2. Salaried employees shall not perform the work of the employees covered by this Agreement unless there are exigent circumstances.

SECTION 1.3 – Probationary Employees. All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety

(90) calendar days from the date of hire or rehire. During the probationary period, the employment relationship between the Company and the probationary employee shall be at-will and the probationary employee may be subject to discipline or discharge at the discretion of the

Company without regard to the provisions of Article 15 of this Agreement.

SECTION 1.4 – Temporary Personnel. “Temporary personnel” are persons hired by the

Company for a period not to exceed ninety (90) calendar days in a calendar year and, who, prior to the commencement of actual work, have executed a written statement acknowledging such duration of employment. A person initially hired under such conditions may not actually work in excess of one hundred and twenty (120) calendar days in a calendar year, except by the mutual agreement of the Company and the Union. The Company, under its contract with the DHS/FPS or other applicable government agency, may provide, hire and use temporary personnel in order to provide full staffing level coverage, increase security levels as needed and avoid overtime;

provided it is not the intent of the Company to replace existing full-time vacancies/jobs with part-time employees.

SECTION 1.5 – Part-time Personnel. The Company, under its contract with the DHS/FPS or other applicable government agency, may provide part-time positions in order to provide full staffing level coverage, increase security levels as needed and avoid overtime. In order to maintain active employment each part-time employee must provide the company with an availability to work no less than 24 hours per calendar month. Part-time employees may be scheduled to work more than a part-time schedule.

SECTION 1.6 – Irregular Part-time Personnel. “Irregular part-time personnel” are persons employed by the Company who work less than ten (10) hours per calendar month. The Company, under its contract with the DHS/FPS or other applicable government agency, may provide hire and use irregular part-time personnel in order to provide full staffing level coverage, increase security levels as needed and avoid overtime.

Section 1.7 – Successors. This Agreement shall be binding upon the parties, their successors and assigns. In the event of a sale or transfer of the business of the Employer, or any part thereof, the purchaser or transferee shall be bound by this Agreement.

ARTICLE 2: UNION SECURITY

SECTION 2.1 – Union Membership.

A. All officers hereafter employed by the Employer in the classification covered by this

Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

B. An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and 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, whichever employed under, and for the duration of, this

Agreement.

C. Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General

Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487

U.S. 735 (1988).

D. In the event the Union requests the discharge of an officer 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 of 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 officer, and the Employer will not be required to discharge that officer.

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

SECTION 2.2 – Dues Check Off.

A. Check off Authorization. The Company, upon receipt by the Company of a checkoff authorization in a form agreed to by the Union and the Company, agrees to deduct Union membership dues, initiation fees, service fees and lawful assessments, as designated by the Union, from the earned wages of each employee who has executed a checkoff authorization, provided that such sufficient earnings remain to cover such deduction after deduction for taxes, insurance premiums, and other deductions required by law or the Company have been made. The Company shall make such deductions in each of the first two (2) pay periods in a given month and shall remit the total amounts deducted during each month to the International Secretary/Treasurer by the fifteenth (15th) of the month following the month in which such deductions occur together with a report listing the amount deducted by employee.

B. Schedule of Dues and Fees. The Union agrees that it will promptly furnish to the

Company a written schedule of the Union dues and initiation fees. The Union further agrees to promptly notify the Company in writing of any changes to these amounts.

C. Collection of Dues. No deduction of Union dues shall be made from the wages of any employee who has executed an authorization and who has been transferred to a job not covered under this Agreement as defined by Section 1.2. Collections of any back Union dues owed at the time of starting deductions for any employee, and collection of Union dues missed because the employee’s wages were not sufficient to cover payment of dues for a particular pay period, will be the responsibility of the Union, and will not be the subject of payroll deductions. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the pay period in which the employee’s last day of work occurs. Union dues deduction cards shall be submitted the first week of every month and payment will be deducted 30 days after the submittal.

D. Indemnification. The Union accepts full responsibility for the authenticity of each authorization submitted by it to the Company, and any authorization that is incomplete or in error shall be disregarded by the Company and shall be returned to the Union for correction. The

Union agrees that, upon receipt of proper proof, it will refund to employees any deduction erroneously or illegally withheld from an employee’s earnings by the Company which has been transmitted to the Union by the Company. The Union, and its International, further agree to indemnify and hold harmless the Company from any and all costs, expenses (including but not limited to, reasonable attorney’s fees), judgments, liabilities, tax liabilities, or penalties, interest, claims, payments of moneys, demands, losses, damages, and penalties, that the Company may sustain, incur or be required to pay as a consequence of, for or by reason of, resulting from, arising out of, or relating solely to any portion of any claim by an employee for the wrongful withholding of wages under this Agreement.

ARTICLE 3: UNION RIGHTS

SECTION 3.1 – Stewards.

A. Recognition. The Company recognizes the right of the Union to designate shop stewards. Within ten (10) calendar days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union’s designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, at least five (5) business days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in disciplinary interviews consistent with Section 14.6 of this Agreement and as permitted under the National Labor

Relations Act; (2) the investigation and presentation of grievances in accordance with this

Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union’s Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company’s attention at the time of the occurrence in accordance with the terms of this Agreement.

Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without informing their immediate supervisor and disclosing the reason for such departure. Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline under Article 14 of this

Agreement. Provided that, it is expressly agreed and understood between the Parties that the

Company may schedule disciplinary interviews consistent with Section 14.6 of this Agreement during working time.

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

SECTION 3.2 – Union Postings. The Company will request permission from the DHS/FPS for the Union to use bulletin boards, or other methods of communication (including union bulletin books at duty locations), to post notices relating to official Union business or otherwise communicate with employees at facilities where employees work. The decision of whether to allocate bulletin boards, allow posting of notices or permit such communications shall be at the sole discretion of the DHS/FPS. All Union notices posted shall be signed by an officer of the

Union or Chief Shop Steward. Copies of Union notices shall be provided to the Company’s

Regional Program Manager in advance of posting.

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

Company.

SECTION 3.4 – Government Cooperation. The Union acknowledges and agrees that the terms and conditions of this Agreement, and the employee’s employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the DHS/FPS and United States government. The Union agrees to cooperate with the Company in all matters required by the government and to comply with all such government priorities, rules, procedures and restrictions.

The Union further agrees that any actions taken by the Company pursuant to a requirement imposed by the DHS/FPS, DHS or other agency of the United States government shall not constitute a breach of this Agreement. Any action which the DHS/FPS, DHS or other agency of the

United States requires or directs the Company to take immediately, may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition of employment, the Company agrees to notify and discuss with the Union the effects of that action.

The Company will provide the Union with a copy of the request for removal.

ARTICLE 4: MANAGEMENT RIGHTS

Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to, the rights, in accordance with its sole and exclusive judgment and discretion: to reprimand, suspend, discharge, or otherwise discipline employees for cause; to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to promote, demote, transfer, lay off, recall to work, and rehire employees; to set the standards of productivity, the products to be produced, and/or the services to be rendered; to determine the amount and forms of compensation for employees; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services as permitted under Section 1.4; to subcontract, contract out, close down, or relocate the

Company’s operations or any part thereof in order to provide full staffing level coverage, increase security levels as needed and avoid overtime; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment;

to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend and revise policies, rules, regulations, procedures and practices; and to take whatever action is necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the Company’s employees.

The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement. This statement of management rights, which remains unimpaired by this

Agreement, is not intended to exclude others, which are not mentioned herein.

ARTICLE 5: NONDISCRIMINATION

The Company and the Union agree that they shall each comply with all federal and state

(where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), Title VII of the

Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Rehabilitation Act (29 U.S.C. § 793 et seq.), the Civil Rights Act of 1866 and 1871 (42 U.S.C. §§ 1981 & 1983), Executive Order 11246, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the Civil Rights Act of 1991 (Pub.

L. 102-66), the Family and Medical Leave Act of 1993 (29 U.S.C. § 2601 et seq.), the Equal Pay

Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C. § 4212), and, if otherwise applicable to the Company and Union, applicable Virginia employment and wage and hour laws and regulations. It is expressly agreed and understood that unresolved grievances arising under this Section are subject to, and the proper subjects of, arbitration under Article 15 of this Agreement.

ARTICLE 6: HOURS OF WORK

SECTION 6.1 – Purpose of this Article. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this

Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company.

SECTION 6.2 – Workweek. The Company’s workweek shall consist of seven (7) days beginning on Monday at 12:01 a.m. and ending the following Sunday at 12:00 p.m. (midnight).

SECTION 6.3 – Workday. A workday shall be defined as from 0001 hours until 2400 hours. As used throughout this Agreement the term “actual work” shall be synonymous with “work time” or

“working time” as those terms are defined under the Fair Labor Standards Act.

SECTION 6.4 – Meal & Rest Periods. The Company shall use its best efforts to provide an unpaid meal period of thirty (30) minutes to all employees for each six consecutive hours worked, unless it is infeasible to provide meal periods or there are other specific work-related reasons for not allowing meal periods. Employees may once each quarter (March 1, June 1, September 1 and

December 1) elect to receive or decline meal breaks, provided such declination or request is in writing to the employee’s supervisors.

SECTION 6.5 – Overtime Work. Employees may be required to work reasonable overtime assignments at the discretion of the Company. An employee not excused by the Company from performing reasonable assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline, unless excused for good cause. In accordance with Article 13 of this

Agreement, opportunity to work overtime shall be provided consistent with the Company’s needs and circumstances and must be authorized in advance by the Company. In no event shall an employee be required to work overtime where the employee can demonstrate verifiable, exigent circumstances existed that made working overtime unfairly burdensome, such as the medical emergency of a family member. An employee shall not be required to provide more than a written statement and clearly relevant documentation in support of a claim of exigent circumstances, but the Company may make a reasonable independent assessment of the existence of exigent circumstances based on the employee’s information and other information and/or considerations.

ARTICLE 7: WAGES

SECTION 7.1 – Straight-Time Rate of Pay.

A. The following shall be the straight-time rate of pay for all Employees:

Current Effective:

07/15/2017

Effective:

07/15/2018

Effective:

07/15/2019

$18.58 $22.58 $23.26 $23.96

B. Officers assigned to posts that require a national security clearance at the Top Secret level shall receive an additional $2.00 per hour straight-time pay.

C. The Company and Union agree that, if a new classification of employee is created by the DHS/FPS or Department of Labor and such classification of employee is employed pursuant to a contract between the Company and DHS/FPS, and are otherwise an “employee” under Section 1.2, the

Company and Union shall negotiate over the wages to be set for that new classification of employee.

SECTION 7.2 – Reporting Pay. In the event an employee reports to work for his/her regularly scheduled shift without having been notified not to report, and work is not available, the employee shall be paid four (4) hours reporting pay at his/her regular rate of pay. An employee that is required to report to work outside of his or her regular work schedule shall be guaranteed a minimum of four (4) hours of work or four (4) hours of pay at straight time in lieu thereof;

provided, the Company shall not be required to pay such reporting pay to employees who are required by the Company to report for meetings, training and other company-sponsored events

(such employees, however, shall be guaranteed a minimum of (2) hours of work or two (2) hours pay in lieu thereof). The Company shall provide a minimum of seven (7) calendar days’ notice for such company-sponsored events, except where DHS/FPS availability, requirements or directives prevent such notice. It is expressly agreed and understood between the parties that “report to work” under this Section does not include instances where an employee is held over on his or her shift or is otherwise required to remain on duty after reporting to work. Time for all such instances shall be paid for time actually worked.

SECTION 7.3 – Overtime Pay. Overtime pay is calculated at one and one-half (1+1/2) times the employee’s straight rate for all hours of work in excess of forty (40) hours of actual work in any single workweek. There will not be any pyramiding of hours worked. Only hours actually worked will be recognized in determining overtime eligibility.

SECTION 7.4 – Payroll Dates. Employees shall be paid weekly (every other Friday or previous non-holiday business day), subject to change by mutual agreement of the parties.

SECTION 7.5 – Undisputed Error. In case of an undisputed error on the part of the Company as to an employee’s pay, proper adjustment will be made within one (1) week for undisputed errors over $100.00 after the Company is given written notification of the error. All other such undisputed errors will be made on the next paycheck. Employees shall notify the Company of all errors on the part of the Company as to an employee’s pay within the shorter of: (1) two working days of learning of the error, or (2) two working days of when the employee should have known by reasonable diligence of the error. It is expressly agreed and understood that this Section 7.5 shall apply, without limitation, to those instances where an employee has separated from employment and believes that his/her final pay was incorrect.

SECTION 7.6 – Direct Deposit. All employees shall be paid wages by direct deposit.

SECTION 7.7 – Personal Data. Employees shall promptly notify the Company’s Vice President of Human Resources in writing on a Company-provided form of their proper mailing address and telephone number, and of any change of name, address, or telephone number within ten (10) business days such change. The Company shall be entitled to rely upon the last known address in the Company’s official records.

SECTION 7.8 – Travel Expenses.

A. Company-related travel expenses will not be approved unless authorized in advance in writing by an employee’s supervisor or other Company-designated manager. The employee will be required to submit a completed Company expense form, including all receipts, within two weeks after incurring the expense. Authorized expenses will be paid promptly after the Company’s

Finance Department has received a fully-completed expense form.

B. In the event that an employee is required to work a temporary assignment, other than his/her normal assignment, which is farther from the employee’s residence than the normal assignment and which is more than forty (40) miles distant from his/her normal assignment, then he/she shall be reimbursed for automobile mileage at the rate of $0.45 for each mile traveling to/from the temporary assignment that is in excess of the commuting distance to/from the employee’s normal assignment. Part-time employees are not considered to have any normal assignment and, thus, are not eligible for such reimbursement.

C. The Company will reimburse employees reasonable pre-approved expenses for overnight travel on Company business. The Company will provide advance payments for approved hotel room expenses if requested by an employee, when reasonably possible after timely notice. The

Company will make the necessary hotel reservations and arrangements.

ARTICLE 8: LEAVES OF ABSENCE

SECTION 8.1 – Court Leave. An employee who has completed his or her probationary period and who is required to report for jury duty shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of three (3) work days annually; provided, however, the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or she is subject to a jury duty call.

For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight-time rate of pay, less the amount received by the employee from the court or government agency. No compensation shall be paid by the Company for jury duty on Saturdays, Sundays and holidays unless the employee had been scheduled to report to work on such Saturday, Sunday or holiday. Jury service pay will be prorated for part-time employees. The Company reserves the right to request an exemption or postponement of jury service.

An employee who reports for such service and is excused therefrom shall immediately contact his immediate supervisor and stand ready to report for work, if requested. In order to be paid by the Company for such leave, the employee must submit to his or her supervisor written proof, executed by the administrator of the court, of having served, the duration of such service, and the amount of compensation received for such service.

If an employee is called as a witness to a crime on the facility, then he/she shall be compensated for all time spent in testifying or cooperating with prosecuting officers; provided however, that any witness fees tendered to the employee shall be delivered to the Company.

SECTION 8.2 – Military Leave. The Company will comply with the provisions of the

Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq.

(“USERRA”). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.

SECTION 8.3 – Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of twenty-four (24) scheduled work hours lost in the event of the death of the employee’s parent, sibling, child, step-parent, step-child, step-sibling, grandmother, grandfather, grandson, granddaughter or spouse. Leave under this section shall be conditioned upon the employee submitting to the Company, if the Company so requests, proof of the death of the deceased and the employee’s relationship to the deceased. To be entitled to bereavement leave under this section, leave must be taken within two (2) weeks of the death of the employee’s relative.

SECTION 8.4 – Family and Medical Leave.

A. Leave Entitlement. An employee who has been employed by the Company for 12 months and who completed 1250 hours of work during the 12-month period immediately preceding the commencement of such leave will be entitled to leave under the Family and Medical Leave Act

(“FMLA”) in accordance with their provisions and the related policies set forth in the Employee

Handbook. Employees must use any available paid leave concurrently with FMLA. The parties hereby acknowledge and agree that the terms of this collective bargaining agreement do not and cannot diminish an employee’s rights under, or conflict with the protections of, the FMLA.

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

C. Notice of Need for Leave. When the need for FMLA leave is foreseeable, an employee will provide thirty (30) day advance notice of the need for leave. When the need for leave is not foreseeable, an employee must give notice as soon as practical, but not necessarily 30 days in advance of the need for leave.

D. Information. Upon request, the Company shall supply the Union with a list of employees who are currently on FMLA leave and/or whose application for such leave is pending.

SECTION 8.5 – Personal Leave Without Pay. An employee may request personal leave without pay for a period not to exceed thirty (30) days. Any such request must be in writing and state the reason for and length of the desired leave. It shall be in the Company’s sole discretion whether to grant such requests, without regard to the provisions of Article 15 of this Agreement. Upon giving notice of intent to return to work, an employee shall be scheduled to report to his or her former shift and site, if available. If the employee’s former shift or site is not available, the employee shall be assigned a shift and site as the Company determines necessary to its scheduling needs. Employees on leaves of absence who accept other employment during such leave, or who do not return to work on such terms as required by the Company, shall be considered as having voluntarily resigned. In extraordinary circumstances, extended leaves of absence in excess of thirty (30) days may be approved in the Company’s sole discretion, after application of the employee in writing stating the reason for and the length of the desired leave.

SECTION 8.6 – Absence Due to Illness or Injury. An employee who is unable to perform the functions of his or her position because of illness or injury, or for other medical reasons (including dental and medical examinations) may request to use Sick/Personal leave pursuant to the provisions of Article 11. If an employee has exhausted all available Sick/Personal leave they may alternatively, request to use to use accrued but unused vacation pursuant to the provisions of

Article 10. If the employee has exhausted available leave balances above they may request unpaid leave pursuant to the provisions of Section 8.5 subject to approval of the Company at its discretion.

SECTION 8.7 – Notice of Absence. An employee who will be absent due to illness or injury or for other medical reasons (including dental and medical examinations) must provide the Company notice of his/her anticipated absence as required in Section 14.2, regardless of the length of the anticipated absence and regardless of whether the employee seeks pay for the absence. Failure to do so may result in discipline up to and including discharge in accordance with Article 14.

SECTION 8.8 – Medical Certifications. An employee who is absent due to illness or injury or for other medical reasons (including dental and medical examinations) may at the Company’s discretion be required to provide to the Company a physician’s statement supporting the employee’s absence. An employee who is absent due to illness or injury or for other medical reasons (including dental and medical examinations) for more than three (3) consecutive work days shall be required to provide to the Company’s Vice President of Human Resources a completed “Medical Certificate” certifying that the employee is able to return to work on the day of returning to work, in a form to be provided by the Company. If the Company questions the physician’s statement submitted by the employee, the Company may require the employee to obtain a second opinion by a physician selected by the Company, at the Company’s cost. If the opinion of the first physician and the second physician differ, the Company may require the employee (at the Company’s expense) to obtain a third opinion from a mutually agreed upon physician, whose opinion shall be final and binding. Where an employee fails to provide medical certification under this Article, or where the medical certification does not support the employee’s absence, the employee may be subject to disciplinary action, up to and including termination, in accordance with Subject 14 of this Agreement. An employee who does not provide medical certification that he/she is able to return to work, if required or requested by the Company under this Section 8.8, will not be permitted to return to work.

Where an employee takes leave pursuant to the Family and Medical Leave Act as set forth above, the provisions of the Company’s policies under that Act shall control and will supersede any provision of this Article which is inconsistent with the Act or the Company’s policies under the Act.

SECTION 8.9 – Election Leave. Employees who are registered voters who do not have sufficient time outside working hours shall be given two (2) hours of paid leave to vote, to be taken at either the beginning or end of the employee’s shift. The Company shall require proof that the employee is eligible to vote. Employees shall notify the Company two (2) working days prior to election day of their intent to vote. Employees who fail to provide proper notice shall not be entitled to paid leave.

SECTION 8.10 – Union Leave. With reasonable advance written notice, the Company agrees to grant up to three (3) Union officers or delegates a leave of absence upon written request for the purpose of attending Union conventions or other meetings of vital interest to the United

Government Security Officers of America, provided it does not substantially affect the operating efficiency of the Company. Union leave shall be limited to a combined total of fifteen (15) working days for all representatives per calendar year and shall be unpaid.

SECTION 8.11 – Rate of Pay. Except as otherwise provided in this Article 8, for any paid leave taken under this Article 8, an employee shall be compensated for leave at the rate effective on the date the leave is accrued. Except as otherwise specifically provided in this Article 8, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

SECTION 8.12 – Seniority. Seniority shall accumulate during any approved leave of absence.

ARTICLE 9: HOLIDAYS

SECTION 9.1 – Eligibility. All employees will receive paid leave for the following ten (10)

Holidays (or holiday pay in lieu thereof if required to work the holiday):

New Year’s Day; Martin Luther King, Jr.’s Birthday; Presidents’ Day;

Independence Day; Memorial Day; Labor Day; Columbus Day; Veterans’

Day; Thanksgiving Day; Christmas Day

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

SECTION 9.2 – Rate of Pay. An eligible full time employee who is not required to work on a holiday shall be paid eight (8) hours pay at his or her straight-time rate of pay. An eligible full time employee assigned to work on a holiday will receive their straight-time wage for all hours worked plus the eight (8) hours holiday pay specified above.

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

(2) weeks’ work. An eligible part-time employee assigned to work on a holiday will receive his or her straight-time wage for all hours worked plus a proration of the full-time holiday benefit up to eight (8) hours based upon their average weekly hours for the previous two (2) weeks’ work.

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

ARTICLE 10: VACATION/PTO

SECTION 10.1 – Eligibility. All full-time employees who have continuously been employed by the Company, or by the predecessor(s) to the contract between the Company and the DHS/FPS, shall be entitled to annual vacation/PTO pay in accordance with the following schedule:

Upon completion of one (1) year of service: 80 hours

Upon completion of eight (8) years of service: 120 hours

Upon completion of fifteen (15) years of service: 160 hours

Employees shall be eligible for earned vacation/PTO upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary of the date of hire with the Company or predecessor to the contract between the Company and

DHS/FPS. Vacation shall not vest and employees shall not be entitled to vacation under the above schedule until the employee has completed each twelve (12) months of employment. If an employee separates from employment for any reason with less than one year and one day of employment with the Company or its predecessor, the employee shall not be entitled to any vacation pay. Vacation pay for full-time employees will not be prorated.

SECTION 10.2 – Vacation/PTO Scheduling. PTO shall be taken at such times mutually convenient to the employee and to the Company; provided, however, the Company shall retain the final right to approve, deny, schedule and cancel all PTO, with founded reason. PTO must be requested and approved in advance by the supervisor by using the FJC Leave Request Form. For

PTO of more than one day, the employee’s immediate supervisor shall be notified in writing one week in advance of taking the time off by using the FJC Leave Request Form. Upon proper notification of request, the Company agrees to promptly notify the employee of whether the requested time has been approved. The Company reserves the right to approve or refuse a request by an employee to take PTO. The Company reserves the exclusive right to schedule and change in operational emergency situations the PTO of each employee and to generally administer the

PTO plan to assure efficient and orderly operation of the Company.

January 1 through January 31, of each year employees shall submit separate and completed requisitions for PTO scheduling for the upcoming calendar year. Scheduling selection shall be based on seniority. When two (2) or more employees request PTO during the same time period, and the Company cannot release them due to work requirements, seniority shall be the deciding factor, except in emergency situations. However, except in said emergency situation or

Government requirement, once the approval has been determined, the Company will confirm the approval in writing via the return FJC Leave Request Form.

SECTION 10.3 – Part-Time Employees. Eligible part-time employees shall be entitled to pro-rated vacation pay at their straight-time rate based on the number of hours worked in the previous year based on the Employee’s anniversary date. For example, part-time employees who have been continuously employed for one (1) year and who, on average, worked twenty (20) hours per week the prior year would be eligible to receive one (1) week paid vacation based on forty (40) hours at their straight-time rates of pay.

SECTION 10.4 – Vacation Accrual. An employee may not accumulate and carry over unused vacation from one year to the next. After the second year of continuous employment with the

Company, and each continuous year of employment thereafter, at the employee’s annual anniversary date, the employee’s vested but unused vacation shall be paid to the employee. Such vested but unused vacation shall be paid by a separate check on the first payroll date following the employee’s anniversary date. At the time of termination of employment, employees shall be paid for unpaid vacation hours that have vested but have not been used. However, there is no accrual or vesting of vacation eligibility before the employee’s anniversary date of employment, and no segment of time smaller than one year will be considered in computing the employee’s vacation eligibility.

SECTION 10.5 – Rate of Pay. Employees will be paid vacation at the rate effective on the date the vacation is accrued. Vacation leave shall not be deemed hours of work for the purposes of computing overtime or other premium pay under this Agreement, nor shall fringe benefits accrue during such leave. Vacation leave shall be paid by the Company in accordance with its normally scheduled payroll dates.

ARTICLE 11: SICK/PERSONAL LEAVE WITH PAY

Effective July 15, 2017, all non-probationary, full-time employees employed as of that date will be granted fifty-six (56) hours of Sick/Personal leave annually.

Effective July 15, 2018, all non-probationary full-time employees employed as of that date will be

Effective July 15, 2019, all non-probationary full-time employees employed as of that date will be

Eligible part-time employees shall be entitled to pro-rated Sick/Personal leave at their straight-time rate based on the number of hours worked in the previous year, divided by 30 (to a maximum of 56 hours). Employees who commence service on the contract between the eligibility dates set forth above shall be entitled to accrue Sick/Personal leave at the rate of one (1) hour of sick leave for every thirty (30) hours of duty time, to a maximum of 56 hours, until they reach the following eligibility date.

No employee shall be eligible for paid Sick/Personal leave until the employee has completed the probationary period. Any employee who voluntarily resigns or is terminated from the employment of the company, and has not completed the probationary period shall not be entitled to

Sick/Personal leave pay.

It shall be a condition of qualifying for paid Sick Leave benefits that an employee call his/her supervisor (or company designee) four (4) hours prior to his/her scheduled work period, advising of his/her intention to take Sick Leave, so that the company may arrange a temporary replacement.

The Employer will allow employees to utilize available Sick leave balances as Personal time when given an advance notice of seven (7) days. Personal time may be used in four (4) hour increments as approved by the Company.

Sick time may be taken in less than eight (8) hour increments in emergency situations and on a case by case basis, as determined in the discretion of the Company.

An employee with available Sick/Personal leave balances may not use vacation time to compensate for time lost due to illness or injury. An employee must exhaust his or her sick leave before using vacation time for that purpose.

An employee who has been absent due to illness or injury for three (3) consecutive duty days shall be required to provide verification from a physician licensed by the state of the employee’s residence confirming the employee's illness and authorization for absence from work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.

If the employee is terminated for cause or resigns during the government contract year, the

Employer may withhold the unearned paid sick/personal leave used during the contract year that has not been earned from the employee’s wages.

All accrued but unused Sick/Personal Leave benefits shall be paid to all eligible employees in cash at the end of each government contract year or when the employee leaves the company's employment, whichever comes first.

Sick and personal leave shall not be deemed hours of work for the purposes of computing overtime or other premium pay under this Agreement.

Health and Welfare benefits shall accrue and be payable during approved Sick and personal leave as described in this section.

Nothing contained herein shall prevent the Employer from investigating possible fraudulent use of sick leave. If the Employer determines, based on reasonable investigation of the circumstances, that an employee used paid sick leave based upon submission of false information, the Employer shall have the right to recoup the applicable pay and/or impose discipline up to and including termination of employment.

ARTICLE 12: HEALTH AND WELFARE BENEFITS

SECTION 12.1— Contribution

The Company shall provide a comprehensive supplemental benefits package to the Officers which shall include health and retirement benefits. The value of the benefits package shall be at the hourly rate listed below per hour worked (based on 2080 hours per year). Officers may elect to participate in the Company’s health plan, the costs of which will be explained in detail to each

Officer. Should Officers elect not to participate in the Company’s health plan, the hourly rate for the health benefit contribution will be paid directly to the Officer in the form of a cash supplement to their regular hourly wages and will be reflected on their paychecks as such.

A. The Company agrees to pay to each employee a health benefit contribution for regular hours worked for the purpose of purchasing medical related insurance, up to forty (40) hours worked per week to a maximum of 2,080 hours per contract year. In addition, the

Company agrees to make a retirement benefit contribution listed in 12.2 of this article for each hour worked up to forty (40) hours each workweek to a Company-sponsored 401(k) savings plan. Together, the health benefit contribution and retirement benefit contribution shall be known as the "Health and Welfare Benefit(s)." Health and Welfare Benefits are not paid on any hours associated with training, vacation, overtime, bereavement leave, jury duty or holiday hours.

The health benefit contribution shall be:

07/15/2017

Effective:

07/15/2018*

Effective:

07/15/2019*

$4.50 $4.50 Reopener* Reopener*

*The parties agree to open negotiations for the H&W as noted in the above at least 90 to 60 days prior to July 1 st of each year, and each year thereafter, while this Agreement is in place.

SECTION 12.2 — Retirement Contribution. In addition to the health benefit contribution set forth in Section 12.1 hereto, the Company agrees to make a retirement benefit contribution per hour for all regular hours worked up to forty (40) hours per workweek to a maximum of 2,080 hours per year at the following rates:

07/15/2017

Effective:

07/15/2018*

Effective:

07/15/2019*

$0.25 $0.25 Reopener* Reopener*

*The parties agree to open negotiations for the Retirement Contributions as noted in the above at least 90 to 60 days prior to July 1 st of each year, and each year thereafter, while this Agreement is in place.

Such benefit shall be directed by the Company, on behalf of the employee, to the Company’s

401(k) savings plan. Retirement benefits are paid on all hours worked on post. No contributions will paid on overtime, training or holidays hours. The Company shall forward all employee contributions to the Plan.

SECTION 12.3--Workers Compensation. The Company shall provide workers compensation insurance to all employees to be calculated at the applicable state premium rates effective as of October 1 each year during the life of this Agreement.

ARTICLE 13: SENIORITY

SECTION 13.1 – Definitions.

A. Seniority. Seniority for all purposes shall mean the total length of time the employee has been employed by the Company and predecessor companies to the DHS/FPS contract.

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 probationary period referred to in this section may be extended if the Company encounters a delay in the government performing background…