Amend 0003 - Attachment 5 CBA-2019-12689.pdf

9/13/2019 beta.SAM.gov https://beta.sam.gov/wage-determination/cba/agreement/65718/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-2019-12689

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 09/13/2019

State: Pennsylvania

Area: Philadelphia

Employed on Fps East Ccg Div 3 Acq Div contract for Protective Security Officer (PSO) services for federal facilities in th city Philadelphia and surrounding counties..

Collective Bargaining Agreement between contractor: Triple Canopy, Inc., and union: International Union, Security, Police, and Fire Professionals of America (SPFPA) Local , effective 10/01/2019 throug

09/30/2022.

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).

Agreement

Between

TRIPLE CANOPY, a Constellis Company

And the

International Union, Security, Police, and Fire Professionals of

America (SPFPA)

At Certain Federal Facilities in Philadelphia and Surrounding

Counties

October 1, 2019 through September 30, 2022

TABLE OF CONTENTS

Preamble

Article 1 Recognition

1.1 Union Recognition

1.2 Employee Designation

1.3 Definitions

Article 2 Management Rights

2.1 Management Rights

2.2 Management Rights Retained

Article 3 Union Representation

3.1 Union Activities

3.2 Bulletin Board

3.3 Union Notification

3.4 Union New Hire Briefing

Article 4 Stewards

4.1 Recognition of Stewards

4.2 Union Representation

Article 5 Fair Employment Practices

Article 6 Wages

6.1 Wages

6.2 Shift Differential

6.2 Pay Date & Direct Deposit

Article 7 Health & Welfare Benefits

7.1 Health & Welfare Allowance (“H&W”)

7.2 Participation

7.3 Components of the HWBP

7.4 Responsibilities

7.5 401(k) Savings Plan

Article 8 Holidays

8.1 Designated Holidays

8.2 Holiday Pay (Not Worked)

8.3 Holiday Pay (Worked)

8.4 Miscellaneous Provisions

Article 9 Vacation

9.1 Vacation

9.2 Vacation Scheduling

9.3 Roll-over & Payout

9.4 Rate of Pay

9.5 Miscellaneous

Article 10 Paid Sick Leave & Personal Days

10.1 Accruals

10.2 Usage

10.3 Carryover & Payout

10.4 Miscellaneous

Article 11 Workweek, Breaks, Shifts, & Scheduling

11.1 Workweek & Workday

11.2 Breaks & Rest Periods

11.3 Shifts

11.4 Scheduling

Article 12 Overtime

12.1 Overtime

12.2 Assignment of Scheduled Overtime

12.3 Assignment of Unscheduled Overtime

Article 13 Call-in & Reporting Pay

13.1 Reporting for an Unscheduled Workday

13.2 Reporting for a Scheduled Shift

13.3 Employer Inability to Notify

13.4 Temporary Assignment

Article 14 Seniority

14.1 Seniority Defined

14.2 Termination of Seniority

14.3 Seniority Roster

14.4 Same Seniority Date

14.5 Promotion

14.6 Return to Bargaining Unit

14.7 Probationary Period

Article 15 Lay-off & Recall

15.1 Lay-off

15.2 Recall

15.3 Benefits during Lay-off

Article 16 Discipline & Discharge

16.1 Disciplinary Policy

16.2 Employer Progressive Disciplinary Policy

16.3 Removal of Discipline

16.4 Miscellaneous Provisions

Article 17 Grievance & Arbitration

17.1 Grievance Defined

17.2 Timeliness

17.3 Grievance Involving Discharge

17.4 Class Action Grievance

17.5 Written Presentation

17.6 Grievance Steps

17.7 Arbitration

17.8 Arbitrator Authority

17.9 Arbitrator Expenses

Article 18 Leaves of Absence

18.1 Unpaid Leave of Absence

18.2 Family Medical Leave

18.3 Military Leave

18.4 Bereavement Leave

18.5 Miscellaneous

Article 19 Jury Duty

19.1 Payment for Jury Duty

19.2 Miscellaneous

Article 20 Post Bidding

20.1 Notice of Open Posts

20.2 Bidding

20.3 Award

20.4 Temporary Post Filling

Article 21 Government Action

Article 22 No Strike – No Lockout

Article 23 General Provisions

23.1 Employee Contact Information

23.2 Uniforms & Equipment

23.3 Safety & Health

23.4 Supervisors

23.5 Labor/Management Meetings

23.6 Employee Access to Personnel File

Article 24 Drug & Alcohol Policy

Article 25 Examinations & Training

25.1 Psychological or Physical Examinations

25.2 Weapons Qualification

25.3 Training & Qualifications

25.4 Pay for Training

Article 26 Union Security & Membership

26.1 General

26.2 Initiation Fees, Union Dues, & Agency Fees

26.3 Discharge for Non-Payment of Union Dues

26.4 Dues Deduction

26.5 Indemnification of Company

26.6 Miscellaneous

Article 27 Savings Clause

Article 28 Complete Agreement

Article 29 Term of Agreement

Signature Page

Preamble

THIS AGREEMENT is entered into by and between Triple Canopy, a Constellis Company, hereinafter referred to as the “Employer” or “Company” and the International Union, Security, Police and Fire Professionals of America (SPFPA), hereinafter referred to as the “Union.”

All economic changes related to this agreement are effective as of October 1, 2019. All non-economic changes are effective as of the effective date of this Agreement.

Article 1 Recognition

1.1 Union Recognition

This Collective Bargaining Agreement (hereafter referred to as “CBA”) covers only those security officers employed under Employer’s contract with the Department of Homeland Security, Federal

Protective Service.

The Employer hereby recognizes the Union as the exclusive bargaining representative under

Section 9(a) of the National Labor Relations Act (“Act”) of the employees in the following appropriate unit:

PSO officers at FPS sites in Philadelphia, Pennsylvania and surrounding counties, performing guard duties as defined in Section 9(b) (3) of the Act, but excluding office clerical employees, Sergeants, Lieutenants, Captains, all other supervisors, and all other employees.

1.2 Employee Designation

Nothing in the aforementioned sections abridges the Employer’s right and authority to convert a full-time designated employee to a part-time designated employee or a part-time designated employee to a full-time designated employee based upon staffing needs at the discretion of the employer.

1.3 Definitions

Business Day(s): Monday through Friday excluding holidays and government mandated changes and closures.

Client: Department of Homeland Security (“DHS”), Federal Protective Service (“FPS”).

Company Seniority: Length of service measured from date of hire of an employee by the company, or a predecessor company.

Contract Manager: Senior Employer representative responsible for the management of this manage this contract.

Disciplinary Action: Any suspension, termination, written reprimand, memorandum, and/or verbal counseling.

Employee: A Triple Canopy employee covered by this Agreement.

Employer: Triple Canopy

Facility: A specific building by which services are provided under the Employer’s contract with the government.

Full-time Employee: An employee designated as full-time by the Company and is regularly scheduled for up to 34.75 hours per workweek.

Government-Directed Change: Any change from the Client which affects the staffing or scheduling of employees on the contract. These changes include, but are not limited to: post closures; post start-ups or modifications; modified post staffing requirements; Client directed employee transfers or removals; final denial of security clearance; changes to qualification, certifications, and/or training requirements; or any other changes.

Grievance: Any dispute between the Employer and the Union, or between the Employer and any employee as to the meaning, application, or interpretation of the terms of this Agreement.

Holdover: A situation where an employee is required to work additional hours beyond those hours originally scheduled or agreed to in advance of standing post.

Overtime: Wages paid at the rate of one and one-half (1½) times the employee's regular rate for all hours worked in excess of forty (40) hours worked per workweek.

Part-time Employee: An employee designated as part-time by the Company and is regularly scheduled for less than a 34.75 hours per workweek.

Probationary Employee: Any newly hired employee shall be deemed to be on probation for a period of ninety (90) calendar days from their first day standing a productive post.

Progressive Discipline: Discipline administered in a consistent manner and enforced as specifically prescribed within each category as cited in the written Company disciplinary policy.

Progressive discipline does not apply to violations for which termination is indicated for the first offense.

Straight-time Hours: Straight-time hours include regular hours worked, vacation actually taken, holidays, personal/sick leave taken, paid jury duty hours, paid bereavement hours, and training.

Straight-time hours do not include hours paid at overtime rates or hours associated with vacation or personal/sick leave paid in lieu (i.e. “cashed out”).

Union Seniority: Length of time of service measured from the date of hire of an employee and established by the Union.

Workday: Any day, Sunday through Saturday, including holidays, which an employee may be required to work.

Article 2 Management Rights

2.1 Management Rights

Management of the business and direction of the security force is exclusively the right of management. The Employer retains the sole and exclusive rights to

(a) Manage and control its facilities;

(b) Conduct its business and manage its business affairs;

(c) Direct employees;

(d) Establish and change schedules;

(e) Hire, assign work, transfer, promote, demote, lay-off, recall, evaluate performance, and determine qualifications;

(f) Discipline and discharge with just cause;

(g) Unilaterally adopt and enforce rules and regulations and establish, modify, and effectuate policies and procedures;

(h) Set and establish standards of performance for employees;

(i) Determine the number of employees, duties to be performed, and the hours and location of work;

(j) Establish, change, abolish positions, or continue any function;

(k) Create any new service or function;

(l) Make technological changes;

(m) Install or remove any equipment, regardless of whether any of the foregoing or any other such actions cause reductions or transfers in the work force, or whether such actions require an assignment of additional, or fewer, or different duties, or causes the elimination or addition of positions;

(n) Temporarily or permanently close all or any portion of its facilities and/or to relocate such facilities or any operations; and

(o) Effect changes based upon Client directives.

The rights expressly reserved by this Article are merely illustrations of and are not inclusive of all of the inherent rights retained by the Employer. The rights expressly reserved by this Article are subject to the terms and conditions of the Agreement. If requested by the union, the Employer will meet with the union to discuss any changes in policies and procedures only if the change is unrelated to a client requirement.

2.2 Management Rights Retained

Any rights the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental agreements that may hereafter be made. The Company’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

Article 3 Union Representation

3.1 Union Activities

There shall be no Union business conducted during an employees work time unless specifically approved by the Employer. This does not include casual conversation between employees assigned to the same post/site that does not interfere with normal business at that site.

3.2 Bulletin Board

The Employer shall make a good faith effort to secure space at the workplace for the Union to place a bulletin board. The decision of whether to allocate space for a bulletin board shall be exclusively made by the Employer’s Client. If approved, any cost associated with the bulletin board shall be borne solely by the Union. Furthermore, the bulletin board shall only be used for the following

(a) Notices of Union meetings;

(b) Notices of Union elections;

(c) Notices of Union recreational and social affairs;

(d) Notices of Union appointments and results of Union elections; and/or

(e) Notice of job vacancies.

All Union notices posted shall be signed by an officer of the Union. It is expressly understood that any postings shall not be inflammatory or derogatory toward the Employer or its Client.

3.3 Union Notification

The Company shall notify the Union within thirty (30) days of all new employees hired and of all employees terminated, setting forth their name, address, telephone number, and job classification.

3.4 Union New Hire Briefing

The Company will allow a Union representative thirty (30) minutes to brief new hires during a portion of classroom training. This briefing shall be at a mutually agreed upon time and place. The

Union representative shall be in a non-pay status during this briefing.

Article 4 Stewards

4.1 Recognition of Stewards

The Company recognizes the right of the Union to designate shop stewards. Within thirty (30) business days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within ten (10) business days of such change becoming effective.

4.2 Union Representation

Subject to, and in accordance with the National Labor Relations Act, any investigatory interview between an employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union Official or Steward, if either are reasonably available. Reasonably available is defined as the designated

Union Official or Steward already being on premises, or will arrive within one (1) hour of being requested. Any employee acting in the capacity of a Union representative shall not be compensated for that time by the Employer.

Article 5 Fair Employment Practices

The parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, gender, sexual orientation, national origin, or membership or non-membership in any labor organization, as provided by law.

Article 6 Wages

6.1 Wages

The Employer agrees to pay employees covered by this Agreement the following rates per hour, beginning with the first pay period after the effective date. Employees will be made whole back to the effective date of any increases:

Classification: Armed Protective Security Officer

Current Oct 1, 2019 Oct. 1, 2020 Oct. 1, 2021

After training, until the end of the first year of employment n/a $24.23 $25.05 TBD

After one (1) year of employment

$26.44 $27.23 $28.05 TBD

6.2 Shift Differential

Employees who work between the hours of 6:00 pm to 6:00 am shall be paid an additional $0.20 per hour worked.

6.2 Pay Date & Direct Deposit

Paydays shall be bi-weekly, every other Friday, via direct deposit.

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 $150.00 after the Company is given written notification of the error. All other such undisputed errors will be made on the next paycheck.

Article 7 Health & Welfare Benefits

7.1 Health & Welfare Allowance (“H&W”)

The Company shall contribute all H&W monies to the Health and Welfare Benefit Program

(“HWBP”) on behalf of each employee covered by this agreement consistent with the H&W amounts and dates indicated below. H&W contributions shall be paid on all straight-time hours up to a maximum of forty (40) hours per week, not to exceed 2080 hours per year. The following rate shall be in effect:

Current Rate October 1, 2019 October 1, 2020 October 1, 2021

$4.20 $4.55 $4.65 TBD

7.2 Participation

All employees covered by this Agreement are required to participate in the HWBP.

H&W amounts earned by each employee will be placed in a HWBP account under their name and shall be immediately 100% vested in the employee. All employees will be enrolled into and participate in the HWBP. The Union agrees that the Company may use all needed employee information available to the Company in the normal course of business to set up these accounts.

There shall be no cash-in-lieu option for employees.

7.3 Components of the HWBP

The HWBP will comply with all applicable laws. The HWBP will offer various benefits to full-time employees as outlined below which shall be selected by each individual participant as they see fit; all full-time employees are encouraged to actively monitor and revise their benefits selections as they individually deem appropriate and will be afforded the opportunity to do so during open enrollment and/or when the employee experiences a qualified life event change. The

Plan shall contain, at a minimum, the following features, available for selection by all full-time employees:

(a) Major medical plan that meets the minimum value requirements of the Affordable Care

Act;

(b) Voluntary and/or Supplemental dental plan;

(c) Voluntary and/or Supplemental vision plan;

(d) Voluntary life insurance;

(e) All coverages offered by the Plan will be administered by the Employer or a Third Party

Administrator; and

(f) 401(k) plan with multiple investment options.

In the event any employee does not fully allocate or direct all the funds in his HWBP account, any remaining funds will be contributed by the Company, on a non-elective basis and without any choice or direction on the employee's part, to an account in the employee's name in a retirement plan established by the Company, which retirement plan is intended to comply with Section 401 of the Internal Revenue Code. The retirement plan will permit employees to make elections as to the investment of funds and will contain a default election as selected by the trustee. The retirement plan will permit employees the opportunity to make two (2) withdrawals during any single plan year for a fee. Employees under the age of 59½ may be subject to IRS rules regarding hardship withdrawals.

7.4 Responsibilities

The Company will:

(a) Ensure all employees are automatically enrolled in the HWBP within three (3) pay periods from their date of hire;

(b) Ensure all H&W earned by the employee is sent to the HWBP within 14 days of the end of the pay period for which the money is earned;

(c) Ensure each full-time employee receives the information to facilitate the allocation of their

H&W monies as they choose once a year during annual open enrollment; and

(d) Have the final say in all benefits included in the Plan.

The Union agrees:

(a) The Company may use all needed employee information available to the company in the normal course of business to set up these accounts;

(b) No employee covered by this agreement may refuse to participate in the Plan. Refusal to sign any documents will not prevent an employee's funds from being placed in the Plan;

(c) If an employee fails to make an election, a non-elective contribution will be made by the

Company to the Retirement Account established under this plan; and

(d) The Union agrees that the Plan will continue for the term of the CBA.

7.5 401(k) Savings Plan

The Company shall offer to employees in the bargaining unit a plan, solely of the Company’s choosing and design, containing a 401(k) Savings Plan, with multiple investment options.

Non-probationary employees may participate in the 401(k) Plan on a voluntary basis, by making an election to defer wages, in accordance with the Plan eligibility requirements. The Company shall not make a matching contribution of any kind to the 401(k) Plan.

The Union and employees benefiting under this Agreement agree to waive any right to grieve or arbitrate any matter with respect to the Company’s actions in connection with the Plan, nor will the grievance and arbitration procedures of this Agreement apply with respect to any individual claims arising with respect to such Plan.

Article 8 Holidays

8.1 Designated Holidays

The following days shall be designated as paid holidays:

New Year’s Day Labor Day

Martin Luther King Jr’s Birthday Columbus Day

Washington’s Birthday Veterans’ Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

8.2 Holiday Pay (Not Worked)

Full-time employees will be paid eight (8) hours at their regular rate of pay. Part-time employees will 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.

8.3 Holiday Pay (Worked)

Non-probationary employees who work on a holiday will be paid at one and one-half (1½) the regular hourly rate of pay, plus the holiday pay prescribed in 8.1 above. This provision will only apply to the day the Federal Government designates as the observed holiday, rather than the calendar day.

8.4 Miscellaneous Provisions

In the event that the designated holiday falls on a weekend, the term “holiday” will refer to the day that the U.S. Government designates as the holiday.

To be eligible for holiday pay an employee must have worked their last scheduled workday prior to the holiday and their next scheduled workday after the holiday, or be on an approved vacation or personal leave in order to receive holiday pay under this Article.

An employee scheduled to work on a holiday that refuses to work the holiday or fails to report to work, if scheduled, will not receive holiday pay, and may be subject to discipline, unless excused by management for valid reason(s).

It is expressly agreed and understood that employees shall not be entitled to holiday pay when on any type of leave of absence.

Hours paid under this article and not worked will not be considered as time worked for the purpose of computing overtime.

Article 9 Vacation

9.1 Vacation

Full-time employees shall be receive a block grant of vacation after completion of each year of service (“anniversary year”) as follows:

Completed Years of Service Earned Amount of Vacation

1 80 hours

5 120 hours

10 160 hours

15 200 hours

Part-time employees shall receive a block grant of vacation after completion of each year of service

(“anniversary year”) based on the number of hours worked in the previous fifty-two (52) week period.

Employees shall be eligible to use earned vacation upon the completion of one (1) year of continuous employment and each subsequent anniversary of the date thereafter. Vacation shall not vest and employees shall not be entitled to vacation under the above schedule until the employee has completed each twelve (12) month period 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.

9.2 Vacation Scheduling

Vacation requests must be received by the Contract Manager no less than thirty (30) business days from the desired start date. The Company retains the final right to approve or deny all vacations requests. Previously approved vacations will not be changed without the consent of the employee.

Employees may not take vacation in increments of less than eight (8) hours.

The Contract Manager, or his designee, shall approve or disapprove all vacation requests in writing at least fifteen (15) business days prior to the requested time off. Requests for vacation shall not be unreasonably denied.

9.3 Roll-over & Payout

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, vested but unused vacation shall be paid to the employee. The Employer will make a good faith effort to effect payment on the first payroll date following the employee’s anniversary date.

At the time of termination of employment, employees shall be paid for 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.

9.4 Rate of Pay

Employees shall be compensated for vacation at the straight-time rate of pay at the current wage rate. Vacation leave shall be paid by the Company in accordance with its normally scheduled payroll dates.

9.5 Miscellaneous

Hours paid under this article will not be considered as time worked for the purpose of computing overtime.

Article 10 Paid Sick Leave & Personal Days

10.1 Accruals

Full-time employees shall earn 72 hours (nine (9) paid sick/personal leave days) per year of employment.

Part-time employees shall accrue sick/personal leave per year of employment at the rate of

0.039845 hours per regular hour worked, not to exceed 72 hours per year.

10.2 Usage

Sick/personal leave may be used to cover absences caused by illness, injury, and/or family emergency. Employees unable to report for work because of illness, injury, and/or family emergency, whenever possible, must notify his/her Supervisor or the on-duty Supervisor at least four (4) hours or more prior to their scheduled reporting time. This leave shall be taken in either four (4) or eight (8) hour increments.

Personal leave may be granted as long as the employee provides the Employer a written request and requesting employee has sufficient accrued/unused hours to cover the absence. Requests for personal leave must be submitted a minimum of fourteen (14) business days prior to the requested start date, to the employee’ Supervisor or the on-duty Supervisor. If a personal leave request is submitted inside the minimum fourteen (14) business day requirement, it will be considered on a case-by-case basis. The Employer shall provide a written response, approving or disapproving the requested time-off, within forty-eight (48) hours of receipt of the request.

The Employer may require proof of illness, disability, and/or family emergency after three (3) consecutive days. Nothing herein shall preclude the Employer from asking for medical verification of any absence where abuse is suspected.

The Employer will not unreasonably deny any request for sick/personal leave request.

10.3 Carryover & Payout

Sick/personal days will not carry over from anniversary year to anniversary year, but will be paid at 100% of the vested and unused hours no later than the second pay date after the end of an employee’ anniversary date of hire.

10.4 Miscellaneous

Article 11 Workweek, Breaks, Shifts, & Scheduling

11.1 Workweek & Workday

The normal workweek shall be 168 hours commencing at 0001 hours on Sunday and concluding at 2400 hours of the following Saturday. The workday shall be defined as the twenty-four (24) hour period commencing with the start of the employee’s shift and terminating twenty-four (24) hours thereafter. Nothing contained herein shall guarantee to any employee any number of hours of work per day or week.

11.2 Breaks & Rest Periods

The Employer and the Union agree that all employees who work eight (8) consecutive hours shall be entitled to two (2) paid fifteen (15) minute rest periods per shift, generally one in the first half of the shift, and one in the second half of the shift. Employees who work twelve (12) consecutive hours will be entitled to an additional fifteen (15) minute paid break.

If an employee is not properly relieved for at least one (1) break or rest period, they will receive compensation for the missed break or rest period.

If an employee is not properly relieved for at least two (2) break or rest periods, while working twelve (12) consecutive hours, they will receive compensation for the missed break or rest period.

11.2(a)

Employees who are working six (6) consecutive hours or more, but less than eight (8) hours, per day shall be entitled to one paid twenty (20) minute rest period.

11.3 Shifts

Except for emergencies, employees will not be required to work more than (12) consecutive hours, exclusive of meal periods. When employees who normally work eight (8) hours have to be held over for twelve (12) hours on their awarded posts, the employer will give that employee as much notice as possible.

11.4 Scheduling

The Employer will post employees’ shifts, workdays and hours on the Valiant scheduling system, at least two weeks in advance. An employee’s work schedule is accessible 24 hours a day, 7 days a week via https://constellis.portal.valiant.com. Once registered, employees are able to view their schedule, as well as any changes. Where the Employer makes changes in the workweek for other than emergency reasons or where schedules are to be adopted for new programs, the Employer agrees to meet and discuss with the Union prior to the implementation of such changes or scheduling.

When the Employer posts any changes to an employee’ schedule the Employer will make the most advance notice possible directly to the employee.

Article 12 Overtime

12.1 Overtime

All work performed in excess of forty (40) hours in the workweek shall be compensated at one and one-half (1½) times the employee's straight-time rate of pay. There shall be no pyramiding of overtime pay. All hours worked on a holiday shall be included within hours worked in order to calculate overtime pay entitlement.

12.2 Assignment of Scheduled Overtime

When the need for assigned overtime occurs, the Employer will offer assigned overtime in the following manner:

(a) Overtime will first be offered to qualified employees with the most seniority and least amount of credited overtime.

(b) Except for call-offs and emergencies, the Employer will post overtime two (2) weeks in advance.

When the need for overtime occurs, the Employer shall first ask for volunteers from among bargaining unit employees. When the need for assigned mandatory overtime occurs, the Employer will assign overtime in the following manner:

The officer with the least amount of overtime worked according to the seniority list for that facility shall be mandated to work overtime. When two or more employees have the same amount of hours, the least senior employee will be mandated. Once an employee has been assigned mandatory https://constellis.portal.valiant.com/ overtime, said employee shall not be mandated again for the same workweek until all employees have been assigned mandatory overtime.

12.3 Assignment of Unscheduled Overtime

Unscheduled (short-notice) overtime will be distributed using a monthly call-out volunteer list.

Utilizing the list, employees will be called from the top down until the overtime is filled.

This Article shall not be construed so as to permit any employee to work more than twelve (12) consecutive hours in a twenty-four (24) hour period, except in cases of emergencies.

Article 13 Call-in & Reporting Pay

13.1 Reporting for an Unscheduled Workday

An employee who has been called in to work on an unscheduled workday, and has not been advised either orally or in writing not to report, shall receive a minimum of four (4) hours pay at his/her regular straight-time hourly rate of pay, including all benefits and allowances. Furthermore, the

Employer reserves the right to assign other work to be performed during this time period.

Employees shall have the option to stay and work for the four (4) hours, or leave. If an employee decides to leave, he shall not be paid for the aforementioned hours, except for the time actually spent on site.

13.2 Reporting for a Scheduled Shift

An employee who reports to work for his/her scheduled shift without having been notified not to report or the building closes after the employee has reported, and work is not available, shall be paid four (4) hours reporting pay at his/her regular rate of pay, including all benefits and allowances.

13.3 Employer Inability to Notify

Employees shall not be compensated when the Employer is unable to advise employees not to report to work because of acts of God, fire, snow, flood, power failure, incorrect contact information and /or other conditions beyond the Employer’s control.

13.4 Temporary Assignment

In the event that an employee is required to work a temporary assignment, other than his/her normal assignment, the travel time in excess of the commute to the normal post assignment (as documented by MapQuest) such travel time shall not be considered duty time.

Employees will be reimbursed at the prevailing GSA mileage rate for the mileage difference from the employee’s home to the temporary assignment, less the regular mileage between the employee’s home and regular work assignment, as long as the difference is equal to 50 miles or greater.

Article 14 Seniority

14.1 Seniority Defined

Seniority for all purposes shall be defined as the length of time an employee has continuously been employed by the Company or by predecessor companies on this contract. An employee’s seniority shall commence after completion of his/her probationary period and shall be retroactive to the date of the first shift worked after completion of training and adjudication approval.

14.2 Termination of Seniority

An employee's seniority shall be terminated and his or her rights forfeited upon the occurrence of any of the following events:

(a) Discharge, retirement, or resignation;

(b) Employee fails to return to work within 14 days after recall from layoff;

(c) Employee transfers out of the bargaining unit for more than thirty (30) days;

(d) Employee fails to return to work upon expiration of a leave of absence; or

(e) Laid-off for a period of time not to exceed twelve (12) months.

14.3 Seniority Roster

The Employer will provide the Union with an updated employee seniority roster on a quarterly basis. This roster shall contain the employee’s name, address, telephone number, date of the first shift worked after completion of training and adjudication approval, and job classification.

Full and part-time employees shall be placed on separate seniority rosters, and those rosters shall be posted in the Company’s office.

14.4 Same Seniority Date

Should employees have the same seniority date, seniority will be determined as the one with the lowest last four digits of their social security number being the most senior.

14.5 Promotion

Any represented employee who accepts a permanent promotion to supervisor shall have thirty (30) days in which to return to the bargaining unit with no loss of seniority with the Union.

14.6 Return to Bargaining Unit

Any employee removed from a permanent supervisory position shall be eligible to return to the bargaining unit, if a vacancy exists.

14.7 Probationary Period

Any newly hired employee shall be deemed to be on probation for a period of ninety (90) calendar days from their first day standing a productive post. After he/she worked such period, the employee shall gain seniority status and his/her seniority date shall revert to the first day standing a productive post. During the probationary period, the employee may be discharged without recourse to the grievance and arbitration procedures. The Employer has the right to extend the probation period for an additional thirty (30) days, with notice to the Union. If the additional thirty (30) days’ extension is successful, the new employee’s seniority date will be the first day standing a productive post.

Article 15 Lay-off & Recall

15.1 Lay-off

Should the Company determine it necessary to lay-off employees in a locality, the Employer shall lay-off employees, in the affected city, in the following manner:

(a) Employees voluntarily agreeing to be laid-off;

(b) Probationary employees in reverse seniority;

(c) Part-time, non-probationary employees in reverse seniority; and

(d) Full-time, non-probationary employees in reverse seniority.

The Employer shall make every effort to give employees, identified for lay-off, two (2) weeks’ prior notice to the effective date of the lay-off.

It is the responsibility of any laid-off employee to keep the Company advised of any changes in their mailing address.

15.2 Recall

Full and part-time employees shall continue to retain recall rights and accrue seniority for a twelve

(12) month period, commencing from the date of the lay-off.

When a vacancy arises, the Employer shall recall full-time employee’s first, and part-time employees’ second, and probationary employees third, on the basis of qualifications to perform the available work. Seniority shall govern as set forth in Article 14. The recall notice shall be sent by registered mail to the employee’s last known address. It shall be the responsibility of each employee to keep the employer informed of his/her last known address.

The employee shall reply to the Company their intent to return to work within seven (7) business days after receipt of certified notice from the Company of recall. The employee will then have a maximum of fourteen (14) calendar days to report for duty.

15.3 Benefits during Lay-off

Laid-off employees shall not accrue vacation or sick days during a period of lay-off. In addition, they shall not be eligible for any other Company benefits, except as provided for by applicable law.

Article 16 Discipline & Discharge

16.1 Disciplinary Policy

The Employer shall have the right to dismiss, suspend, and/or discipline for just cause, including but not limited to violation of Employer rules and regulations. Appeals pertaining to the dismissals, suspensions, or disciplinary action may be processed through the grievance and arbitration procedure.

16.2 Employer Progressive Disciplinary Policy

The Employer and Union realize that certain actions demand immediate discharge; however, the

Employer will follow the general procedure of progressive discipline as outlined in the Employer’s

Progressive Disciplinary Policy.

16.3 Removal of Discipline

All written reprimands and suspensions shall be removed from consideration for future disciplinary actions twelve (12) months from the date of issuance, if no other infractions of the same type have been entered during that period or unless removed through the grievance procedure. However, all offenses shall be noted in the personnel file of each employee.

16.4 Miscellaneous Provisions

No employee shall be subject to discipline or reprimand in the event any natural disaster, demonstration, rally, march, or protest causes an employee to be delayed in reporting to work.

In the event an employee is suspended or discharged, the Employer shall notify the affected employee in writing and forward a copy to the Union within five (5) business days following the disciplinary action.

If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

Article 17 Grievance & Arbitration

17.1 Grievance Defined

For purposes of this Agreement, a “grievance” shall mean any dispute between the Employer and the Union, or between the Employer and any employee as to the meaning, application, or interpretation of the terms of this Agreement. Probationary employees shall not have any rights under this Article.

17.2 Timeliness

The number of days provided for in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified may be extended by written mutual agreement. The term “business days” as used in this

Article shall exclude Saturdays, Sundays and holidays. Furthermore:

(a) The failure of an employee or the Union to initially file a grievance, or to proceed to the next step of the grievance procedure, within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance, including arbitration.

(b) The failure of the Employer to answer a grievance within the time limits specified shall permit the grievance to proceed to the next step of the grievance procedure.

17.3 Grievance Involving Discharge

In case(s) involving a discharge of employment, the parties agree the matter may be filed initially at Step Two and must be filed within ten (10) business days after the effective date of the discharge in order to be considered timely.

17.4 Class Action Grievance

In case(s) involving a class action grievance, the parties agree the matter may be filed initially at

Step Two and must be filed within ten (10) business days after the effective date of the discharge in order to be considered timely. A class action grievance is defined as a grievance involving more than one (1) employee alleging the same violation.

17.5 Written Presentation

All grievances shall contain, at a minimum:

(a) The facts giving rise to the grievance;

(b) The date and time the grievance allegedly occurred;

(c) The provisions of the Agreement alleged to have been violated;

(d) The name(s) of the aggrieved employee(s); and

(e) The exact remedy sought.

All grievances shall be signed (electronic mail acceptable) and dated by the employee or Union official. All written answers submitted by the Company shall be signed and dated by the appropriate Company representative, and shall be presented to the aggrieved employee and the

Union.

17.6 Grievance Steps

Grievances shall be processed as follows:

Step One: Within ten (10) business days after the occurrence of an event upon which a grievance is based. The grieving employee having a grievance and/or Steward will submit the grievance in writing to the grievant’ Supervisor. The Supervisor shall respond in writing to the grievance within ten (10) business days after submission of the grievance. If the grievance is not settled, it may be appealed in writing to Step Two within ten (10) business days after receipt of the Supervisor’s response.

Step Two: If the matter is appealed to Step Two, a meeting will be held between the grievant, Steward, and the Contract Manager, or his designated representative within ten (10) business days of receipt of the appeal. The Contract Manager, or his designated representative, shall render a written response within ten (10) business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to Step Three within ten (10) business days after receipt of the Contract Managers response.

Step Three: If the matter is appealed to Step Three, a meeting will be held between the grievant, Steward and Regional Director, or his designated representative, within ten (10) business days of receipt of the appeal. It is agreed that this meeting shall occur telephonically.

The Regional Director, or his designated representative, shall render a written response within ten (10) business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to arbitration.

17.7 Arbitration

If a grievance is not settled at Step Three, the Union may appeal the matter to arbitration. Notice of the appeal to arbitration must be served to the Company’s Director of Labor Relations no later than thirty (30) business days after the Union receives the Company’s Step Three response. It is agreed that said notice may be made by email.

The moving party shall be responsible for obtaining a panel of no less than seven (7) arbitrators from the Federal Mediation and Conciliation Service from which the parties shall select an arbitrator. Each party shall have a one-time right to reject a panel. Should this occur, the rejecting party shall be responsible for obtaining a new panel as prescribed within this paragraph. The requesting party shall be responsible for all associated costs with obtaining the panel.

Within twenty (20) business days after receipt of the list of arbitrators, the representatives of the

Union and the Company will alternately strike names from the list of available arbitrators. It is agreed this meeting shall be held telephonically. The moving party shall be the first to strike from the list of arbitrators. The last remaining name on the list shall be the arbitrator to hear the case.

17.8 Arbitrator Authority

The Arbitrator shall have jurisdiction and authority to only apply and interpret the provisions of this Agreement. It is understood and agreed to by the Union and the Company that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. The arbitrator is permitted to weigh evidence to determine if the action taken is supported by just cause pursuant to the CBA, policies of the Employer and applicable State and Federal law. The arbitrator is not permitted to substitute their own judgment in making a decision which would be contrary to the CBA, policies of the employer, State, or Federal law.

The Arbitrator’s award shall be made in writing and shall be rendered within ninety (90) calendar days after the close of the proceedings.

Any award of back pay to an individual grieving a discharge, discipline or any other matter shall not predate the date of the event by which the grievance was filed, and shall be offset by all earned income received during the applicable period (including all disability, worker’s compensation, unemployment and other income received). Any award of front pay shall not, in the aggregate, exceed an amount equal to the employee’s earnings for the 12-month period immediately preceding the date of the grievance. The arbitrator shall only have authority to award economic damages and shall have no authority to award non-economic damages such as punitive damages, emotional distress or pain and suffering damages.

17.9 Arbitrator Expenses

The arbitrator’s fee and the arbitrator’s expenses shall be shared equally by the parties. The cost of any hearing room and/or transcript shall be equally shared by the parties. The expenses and compensation of any witness shall be paid by the party calling such witness or requesting such participant. Any other expenses shall be borne by the party incurring such expenses.

Article 18 Leaves of Absence

18.1 Unpaid Leave of Absence

Consistent with Employer policy, an unpaid leave of absence may be granted at the sole discretion of the Employer without loss of seniority to the employee. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits while on unpaid leave.

The Employer will make every reasonable effort to maintain an employee’s position while on an unpaid leave of absence.

Unpaid leaves of absence may be taken only with prior written approval of the Employer, or in case of verified personal emergency. Any Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay. Note “unpaid status” does not include regular scheduled days off, vacation or personal leave.

An employee who does not return from an approved unpaid leave of absence as scheduled and does not apply for, and receive in writing, an extension from the Employer, will be considered to have abandoned his/her job and will be terminated without recourse to the provisions of Article 17 of this Agreement.

An employees who engages in other employment, without the express written permission of the

Employer, while on a leave of absence shall be subject to immediate termination of employment without recourse to the provisions of Article 17 of this Agreement.

18.2 Family Medical Leave

The provisions of the Family Medical Leave Act of 1993 are incorporated herein by reference.

18.3 Military Leave

An employee who is activated or drafted into any branch of the armed forces of the United States under the provisions of the Selective Service Act or Reserve Forces Act, shall be granted an unpaid leave of absence as required under applicable federal law, for the time spent in active duty. This includes, but is not limited to, service to the U.S. Armed Forces Reserves and the National Guard.

The period of such leave shall be determined with applicable federal laws in effect of the time of such leave. Length of service with the Employer shall accrue for purposes of vacation or other accrued benefits while on Military Leave. The employee will not accrue benefits while on unpaid military leave unless required under USERRA.

18.4 Bereavement Leave

In the event of death in the immediate family, full-time non-probationary employees will be granted a maximum of three (3) days paid leave if the employee was otherwise scheduled work during the same time. If the death is of an immediate family member who resided more than 100 miles from the employee’s residence, the employee shall be entitled to five (5) days paid leave if the employee was otherwise scheduled work during the same time.

For the purpose of this section, the immediate family is defined as father, mother, spouse, child, grandchild, siblings, father, mother, father-in-law, mother-in-law, grandparents, or domestic partner. Upon request of the Employer, an employee shall be required to provide proof of need for the leave. If requested, proof must be provided to the Company upon the employee’s return from bereavement leave before payment will be affected.

18.5 Miscellaneous

Article 19 Jury Duty

19.1 Payment for Jury Duty

Full-time non-probationary employees shall be paid the difference in pay between his/her current hourly rate and what is received from the court, for scheduled days of work missed while on jury duty, and shall abide by the rules of the court that has jurisdiction over his/ her serving jury duty.

Jury duty shall be granted for a maximum of seven (7) days per year.

19.2 Miscellaneous

Article 20 Post Bidding

20.1 Notice of Open Posts

The Employer shall post a notice of post openings on the Union bulletin board (if applicable) and appropriate locations for a period of no less than seven (7) business days. The notice shall contain:

(a) Hours and days of work;

(b) Specific location(s); and

(c) Description of Post.

20.2 Bidding

Employees desiring to bid for an opening must submit a “Post Vacancy Bid Form” to the Contract

Manager during the seven (7) business days during which the notice is posted. Late submissions will not be considered.

20.3 Award

If two or more employees, who submitted a timely bid form, possess the same qualifications to fill the vacancy, then…