FPS_Michigan_CBA_(Detroit)(2018-20)_2018-11342.pdf

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-2018-11342 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 5/31/2018 State: Michigan

Area: Wayne

Employed on Department of Homeland Security / Federal Protective Service contract for Protective Security Officer Services performing services in and around the cities of Detroit, Michigan operating area (Local 289).

Collective Bargaining Agreement between contractor: Centerra Group, LLC, and union: United Government Security Officers of America International Uni Local 289, effective 3/15/2018 through 12/31/2020.

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).

Page 1 of 1CBA WD

5/31/2018https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2018-11342

Collective Bargaining Agreement

Between

Centerra, a Constellis Company

And

United Government Security Officers of America

International Union

And its affiliate

Detroit, Michigan - Local 289

Effective Dates

March 15, 2018

To

December 31, 2020

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 - UNION RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 - UNION MEMBERSHIP AND CHECK-OFF

ARTICLE 4 - LEAD PROTECTIVE SECURITY OFFICERS

ARTICLE 5 - EQUAL OPPORTUNITY

ARTICLE 6 - PROBATIONARY PERIOD

ARTICLE 7 - SENIORITY

ARTICLE 8 - LAYOFF & RECALL

ARTICLE 9 - DISCIPLINE

ARTICLE 10 - GRIEVANCE PROCEDURE

ARTICLE 11 - LEAVE OF ABSENCE

ARTICLE 12 - PAID TIME OFF

ARTICLE 13 - UNION STEWARDS

ARTICLE 14 - HOURS OF WORK, OVERTIME, MILEAGE, & TRAVEL

ARTICLE 15 - WAGES

ARTICLE 16 - HEALTH & WELFARE

ARTICLE 17 - 401(k) SAVINGS PLAN

ARTICLE 18 - VACATIONS

ARTICLE 19 - HOLIDAYS

ARTICLE 20 - UNIFORMS

ARTICLE 21 - BEREAVEMENT & JURY DUTY

ARTICLE 22 - EMPLOYER REGULATIONS

ARTICLE 23 - NO STRIKE-NO LOCKOUT

ARTICLE 24 - EMPLOYEE INJURY

ARTICLE 25 - DRUG & ALCOHOL POLICY

ARTICLE 26 - GOVERNMENT REQUIREMENTS

ARTICLE 27 - EXAMINATIONS

ARTICLE 28 - BULLETIN BOARD/BULLETIN BOOK

ARTICLE 29 - GENERAL

ARTICLE 30 - ENTIRE AGREEMENT

ARTICLE 31 - TERM & DURATION

SIGNATURE PAGE

UGSOA Local 289 with Centerra 2018-2020

PREAMBLE

This Agreement is entered into by and between Centerra, a Constellis Company (“Employer”) and its successors, subcontractors or assigns and the United Government Security Officers of America

(UGSOA) International Union, and its affiliate Local 289 (“Union”).

ARTICLE 1 - UNION RECOGNITION

Section 1. The Employer hereby recognizes the Union as the sole and exclusive bargaining agent of all employees in the following unit: all full-time and regular part-time security guards

(including lead security guards, if utilized) performing services for the Company under the

Contract (as defined below) in and around the cities of Detroit, Michigan operating area (Local

289), but excluding all office clerical employees, professional employees, managers, non -security personnel, sergeants, lieutenants, captains, assistant project manager, project manager, applicants, candidates, pre-employment trainees, and supervisors, as defined by the National

Labor Relations Act, as amended and all other employees of the Employer, pursuant to the

Employer’s contract with the U.S. Department of Homeland Security., (“Contract”).

Section 2. Whenever the words “employee” or “employees” are used in this Agreement, they designate only the employees in the bargaining unit of the Union as described above. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section 3. This recognition of the Union only applies to the extent the work is being performed pursuant to the Contract.

(a) The Employer shall have no liability as a successor employer for events occurring before the execution of this Agreement,

(b) Any past practices of the Employer which occurred prior to the date hereof not discussed and specifically detailed in this Agreement, will not be recognized.

Section 4. The term “full-time employee” shall refer to employees who are regularly scheduled to work and regularly work thirty-six (36) or more hours per regular workweek, excluding any unpaid meal or break periods, sick leave and vacations. The term “part-time employee” shall refer to employees who are regularly scheduled to work and regularly work less than thirty-six (36) hours per work week, excluding any unpaid meal or break periods, sick leave and vacations.

Section 5. In the event of an emergency or to provide relief it is expressly understood that

Supervisors may perform bargaining unit work as determined necessary by the Employer and as allowed by the Employer’s client to cover posts due to manpower shortage(s) only until proper bargaining unit personal can be assigned, unless such occurrences are less than one (1) hour in duration.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 1. Except as specifically limited by the express written provisions of this Agreement, the

Employer reserves and retains, solely and exclusively, all of its normal, inherent and common law rights to manage its business, in such a manner as the Employer shall determine to be in its best interest.

Section 2. The rights reserved to and retained by the Employer under this Agreement, include, but are not limited to the following:

(a) Manage its operations and to direct/assign the work force;

(b) Determine and change the methods and manner services are provided;

(c) Introduce new methods or improved methods of operations or equipment;

(d) Determine and change the size, composition, and qualifications of the work force;

(e) Determine the extent to which and the manner and means its business will be operated or shut down in whole or in part;

(f) Determine whether and to what extent any work shall be performed by employees and how it shall be performed;

(g) Maintain order and efficiency in its client’s facilities and operations including the right to select, hire, promote, demote, lay off, assign and train employees;

(h) Subcontract;

(i) Select and determine supervisory employees;

(j) Bid or not bid, or to rebid or not rebid, contracts with its clients;

(k) Determine and change starting times, quitting times, schedules shifts and post assignments of employees;

(l) Determine and change methods and means by which operations are to be carried on;

(m) Establish and/or abolish duties, standards of performance for employees, job classifications, operating units or departments;

(n) Establish, change and abolish its policies, work rules, regulations, practices and standards/codes of conduct and to adopt new policies, work rules, regulations, practices and standards/codes of conduct(after notice to the Union);

(o) Assign duties to employees in accordance with the needs and requirements of the client and the Employer, as determined by the Employer, and

(p) Discipline and discharge employees with just cause.

Section 3. The above enumeration of rights is by way of example and is not a limitation on the

Employer’s right to manage the enterprise and its business without interference, which rights are solely and exclusively the rights of the Employer.

Section 4. The Employer shall not implement any changes to subjects identified as mandatory subjects of bargaining pursuant to the guidance of the National Labor Relations Act and its decisions without first bargaining with the Union regarding such matters.

ARTICLE 3 - UNION MEMBERSHIP AND CHECK-OFF

Section 1. An Employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent of tendering the membership dues uniformly required as a condition of continued membership.

Section 2. An Employee who is not a member of this Union at the time that this Agreement becomes effective, as a condition of membership shall, within ten (10) days after the 30th day following the effective date of this Agreement or date of hire either:

(a) Become a member of the Union and remain a member in good standing, or

(b) Pay the Union a service fee. The amount of this service fee shall be equal to that paid by regular Union members to include regular and usual initiation fees. The service fee will not include any assessments, special or otherwise. Such payments shall commence on the 30th day after the date of hire.

Section 3. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law.

Section 4. The Union, including its International, agrees to save and hold the Employer harmless from any and all claims, actions, suits, damages, or costs, including any attorney’s fees incurred by the Employer, on account of any matter relating to the terms of this Article, including, but not limited to, any claims by any Employee(s) and compliance with the law.

Section 5. The Company agrees to deduct dues as designated by the Union from the first two paychecks of each member per month. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. The Employee, upon written notice served upon the Company and the Union, may revoke such authorization as provided in the

Employee Check-Off Authorization Card. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues.

Section 6. The Company will remit all such deductions to the designated Financial

Secretary/Treasurer within prior fifteen (15) days of the deductions. The Company shall furnish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues with each remittance. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union.

Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Company's attention.

Section 7. The Employer will provide the Union a list of newly hired and terminated employees covered by this Agreement in each month such event occurs. Such list will show the name, address, hire or termination date, and the location assignment of such employees.

Section 8. If a member of the bargaining unit is assigned to an acting non bargaining unit position, while performing the acting non bargaining unit position, such person shall be working outside the bargaining unit.

ARTICLE 4 - LEAD PROTECTIVE SECURITY OFFICERS

Section 1. Lead Protective Security Officers (“PSOs”), if utilized, may perform the following duties while on duty:

(a) Distribute memorandums, newsletters, and other written communications to all PSOs,

(b) Provide assistance to PSOs;

(c) Assist with filling posts while on duty within the bargaining unit while on duty, openings shall be offered by seniority, in the absence of adequate number of volunteers, Lead PSO shall notify on duty supervisor of PSOs eligible to be held over involuntarily;

(d) Assist with compliance of Company and Government policies and procedures and notify supervisors of related issues or concerns;

(e) Act as a point of contact between PSOs and supervisors including submission of written requests such as for vacation; and

(f) Other non-supervisory duties as assigned by the Employer.

Section 2. The Employer shall have the sole discretion to select and assign Lead PSOs but will consider security guards that express interest in being a Lead PSO.

Section 3. Employees performing duties as Lead PSOs shall receive $1.00 per hour in addition to their regular straight time hourly rate in effect at the time the duties are performed.

ARTICLE 5 - EQUAL OPPORTUNITY

Section 1. The parties will comply with all applicable laws prohibiting discrimination on the basis of race, color, national origin, sex, religion, age, or disability, genetic information, union membership, or other legally protected classification. No claimed violation of this Section shall be subject to the grievance and arbitration provisions of this Agreement. Further, any action taken by the Employer to comply with the Americans with Disabilities Act, or any other state or federal law, shall not be the subject of a grievance or arbitration nor give rise to a claim that this Agreement has been violated.

Section 2. Both parties endorse a zero tolerance for any form of harassment against a fellow employee, client employee, or visitor to any federal facility. If the Employer receives a complaint that this provision has been violated, the Employer will investigate the complaint. The Employer, in its sole discretion, will assess the credibility of the complainant, any witnesses, and the accused.

Any violation of this provision will result in immediate termination. It is further understood that any employee involved in the investigation of any alleged violation of this Article shall fully cooperate with the investigating body.

Section 3. The parties agree to comply with all applicable federal, state and local laws, including but not limited to the Civil Rights Act of 1964, as amended, and also including 41 CFR 6-1.4(a) and the employee notice clause in 29 CFR part 471, Appendix A to Subpart A, as applicable.

Section 4. The parties shall abide by the requirements of 41 CFR 60-300.5(a) and 41 CFR 60-

741(a). This regulation prohibits discrimination against qualified protected veterans and qualified individuals on the basis of disability, and requires affirmative action by covered federal contractors to employ and advance in employment qualified protected veterans and qualified individuals with disabilities.

Section 5. The parties agree not to discriminate against any employee for his/her activity in or on behalf of, or membership/non-membership in the Union. There shall be no discrimination, restraint, or coercion by the Employer or Union for or against any employee because of membership in, affiliation with, or financial support of the Union or the refusal to join, affiliate with, or financially or other support the Union.

ARTICLE 6 - PROBATIONARY PERIOD

Section 1. Newly hired employees shall be regarded as probationary employees for the first sixty (60) work days from their first post assignment, not to exceed six (6) months. During their probationary period, probationary employees shall not accrue seniority under this Agreement. For purposes of this Article, a workday is defined as a day in which an employee performs compensable work for the Employer.

Section 2. The Employer shall have the sole right to discipline, lay off, suspend or terminate probationary employees without limitation by the provisions of this Agreement or without recourse to the grievance and/or arbitration provisions contained herein, which provisions, with respect to probationary employees, are hereby waived by the Union on its behalf and on behalf of bargaining unit members.

Section 3. The Employer, upon written notification to the Union and the affected employee, may extend any probationary period up to one additional period of thirty (30) workdays, as defined in

Section 1, not to exceed three (3) months.

Section 4. Upon successful completion of the probationary period, the employee shall be placed on the seniority list and shall be given a seniority date which is retroactive to the date the employee first worked a post assignment.

ARTICLE 7 - SENIORITY

Section 1. Seniority lists for the bargaining unit will be posted and maintained by the Employer and shall be made available to proper Union officials monthly. An employee’s standing on the posted seniority list will be final unless protested in writing to the Captain within twenty (20) calendar days after the list is posted each month. Thereafter, seniority may only be protested for employees appearing on the list for the first time, and then, only within twenty (20) calendar days after the list is posted each month.

Section 2. Except as otherwise provided herein, seniority shall be measured from the earlier of:

(a) The date of hire with the Company under the Contract,

(b) The date the employee commenced working for a predecessor employer engaged in providing similar services as the Employer provides under the Contract at any locations covered by the Contract; provided there has been no break in seniority under Section 3 of this Article.

Section 3. The seniority of an employee shall be terminated for any of the following reasons:

(a) After notice from the Company to report to work, the employee fails to report to work on the day following expiration of an authorized leave of absence;

(b) The employee fails, while on layoff, upon notice from the Company that work is available, to report to the Company as scheduled;

(c) The employee quits, is terminated, or retires;

(d) With respect to non-probationary employees, discharge for just cause and with respect to probationary employees any discharge;

(e) Unless on leave approved by the Employer or as otherwise allowed under applicable law, failure to perform any productive (i.e. stand a billable post assignment) work for a period of four (4) consecutive months, or a period equal to the length of seniority, whichever is lesser; or

(f) The Client revokes the employee’s credentials to work on the Contract. In the event the revocation is reversed and the employee’s credentials are reinstated, then their seniority shall be restored.

Section 4. It is the obligation of each employee to keep the Company and Union informed of his or her current address and telephone number within one (1) week of any change.

Section 5. Regarding scheduled hours and any other matters not specifically addressed, seniority will always default as the deciding factor, unless the matter may cause the Employer to incur overtime costs.

ARTICLE 8 - LAYOFF & RECALL

Section 1. If the Employer determines it necessary to lay off employees in this defined bargaining unit, the Employer shall lay off employees in the following manner:

(a) Employees voluntarily agreeing to be laid off shall be laid off first;

(b) Should it be necessary to further reduce the work force, probationary employees shall be laid off second; or

(c) Should it be necessary to further reduce the work force, non-probationary employees shall then be laid off in the inverse order of their seniority, regardless of whether such employee is full-time or part-time.

Section 2. Laid-off employees are not eligible for any compensation or Employer paid fringe benefits (other than unemployment compensation) during their periods of layoff.

Section 3. Employees who have been laid-off will be recalled to work in the reverse order in which they were laid off. Laid off employees shall be notified, at their last known address, in order of seniority to report to work. The notice will be by certified mail, return receipt. In the event an employee, so notified, fails to contact the Employer within five (5) days after receipt of such notice, or fails to report for work on the date specified shall cause the recall notice to expire and the affected employee shall have no further recall rights.

It is the responsibility of any laid off employee to keep the Employer notified of any change of address.

Section 4. Laid off employees shall have recall rights for a period of twelve (12) months and shall continue to accrue seniority for the entire duration of such layoff.

ARTICLE 9 - DISCIPLINE

Section 1. Employees shall be subject to discipline or discharge for just cause. The Employer and

Union recognize progressive discipline as normally:

Verbal Warning;

Written Warning;

Suspension; and

Discharge

However, it is further understood that even in progressive discipline, some infractions may be classified as egregious and determined by the Employer to warrant discharge for a first offense.

While not all inclusive, the following are representative of those infractions that may result in the immediate dismissal from employment:

Dishonesty;

Theft;

Assault;

Intoxication or drinking or under the influence of drugs/inhalants on duty;

Illegal use or possession of drugs or narcotics;

Fighting;

Sleeping while on duty;

Conviction of criminal misconduct;

Walking off the job (defined as abandoning or refusing to work assigned shift/tasks);

Possession of unapproved/unauthorized firearms, deadly weapons, explosives;

introduction of unauthorized weaponry in an unauthorized facility area;

Insubordination towards an Employer supervisor;

Introducing/trafficking contraband onto Client property;

Not informing the Employer of an arrest by civil authorities prior to the start of the next work assignment.

Section 2. No employee who has completed the probationary period s h a l l be disciplined without just cause unless removed from working under the contract by the Client, or if the employee's credentials are denied or withdrawn by the Client. The Employer will provide the

Union with a copy of any such directive, if available and authorized for release by the Client. If such directive is not available, the Employer will inform the Union in writing or email of the facts giving rise to such directive.

Section 3. All suspensions and dismissals of non-probationary e m p l o y e e s made solely by the Employer (i.e., not due to an action or order of the Government) will be subject to the

Grievance & Arbitration Procedure set forth in this Agreement. Any grievance filed under this section shall start at Step Three and must be presented to the Employer within ten (10) days after notice to the employee of the suspension or dismissal.

The term “days” as used in this Article shall not include Saturday, Sunday or holidays (as observed under this Agreement) or an Employer approved absence.

Section 4. All reprimands and discharge notices shall be in writing and signed by the Employer.

Copies shall be provided to the affected employee.

Section 5. Any issued disciplinary action(s) will be removed from an employee’s personnel file on a 12 month rolling calendar.

ARTICLE 10 - GRIEVANCE PROCEDURE

Section 1. For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement or the challenge of any disciplinary action taken against a non-probationary employee.

The term “days” as used in this Article shall not include Saturday, Sunday or holidays (as observed under this Agreement) or an Employer approved absence.

Section 2. The number of days provided for in the presentation and processing of grievances 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 shall be strictly adhered to but may be extended by written mutual agreement between the parties.

The failure of an employee or the Union 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 moving the grievance to the next step.

The failure of the Employer to answer a grievance within the time limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure.

All grievances, regardless of the initial step, shall be in writing and signed by the grieving employee and the Union (which may also be submitted via email with electronic signature on file annotations) and shall:

(a) State the facts of the grievance in detail,

(b) Set forth the specific section(s) of this Agreement that are claimed violated,

(c) State the requested remedy,

(d) Include a copy of all statements and supporting documentation available to the grieving employee and the Union.

The appropriate management employee as provided in Section 3 below shall countersign the grievance thereby acknowledging receipt of the grievance or provide acknowledgement of receipt electronically through email.

Section 3. All grievances shall be presented and processed in accordance with the following procedure:

(a) Step One - A representative of the Union having a grievance on behalf of an employee(s) shall reduce the grievance to writing and present the grievance to the Captain (or his/her designee)of the affected employee within ten (10) days from the date the event giving rise to the grievance occurs. The grievant, a Union representative (if requested by the grievant), and the Captain (or his/her designee) may meet to discuss the grievance, such meeting may be held telephonically. The Captain shall provide a written decision to the Union within ten (10) days after receipt of the grievance or the meeting.

(b) Step Two - If the grievance is not resolved at Step One, the Union may refer the grievance to the Project Manager of the affected employee within ten (10) days after the Captain’s decision. The Project Manager (or his/her designee) may meet with the grievant and a Union representative (if requested by the grievant) to discuss the grievance, such meeting may be held telephonically. The Project Manager shall give a written decision to the

Union within ten (10) days after receipt of the grievance or the meeting.

(c) Step Three - If the grievance is not resolved at Step Two, the Union may refer the grievance to the Corporate Labor Relations Director (or his/her designee), within ten (10) days after the Project Manager’s decision. The Corporate Labor Relations Director (or his designee) may meet with the grievant and a Union representative (if requested by the grievant) to discuss the grievance, such a meeting may be held telephonically. The

Corporate Labor Relations Director shall give a written decision to the Union within t en (1 0 ) days after receipt of the grievance or the meeting.

(d) Step Four - Except as provided below, any grievance not resolved at Step Three may be submitted to arbitration by submitting a written request thereof to the other party within fifteen days after the decision of the Corporate Labor Relations Director. Service of a request for arbitration upon the Employer must be made upon the Employer’s Labor

Relations Department or Designee.

Section 4. No individual grievant may move a grievance to Step Four. Only the Union, by letter or form executed by an authorized Union officer, who is not the grievant, may move a grievance to Step Four.

Section 5. No grievance regarding a dispute as to the interpretation of a Wage Determination, the interpretation of the Contract (as defined on page 1 in this Agreement), the Employer’s adherence to the Contract or the Employer’s adherence to a written request of the Government shall be processed to Step Four since those matters are not arbitral and no arbitrator shall have jurisdiction over such matters.

Section 6. Following a proper and timely written request for submission to arbitration, the Union shall submit the matter to the Federal Mediation and Conciliation Service ("FMCS") for a panel of seven (7) Arbitrators to select from. The parties shall meet at an agreed upon date & time to strike from the panel and select an Arbitrator. The moving party shall make the first strike in the initial selection process. Thereafter, the parties shall alternate striking from the provided panel.

Each party retains the right to reject one entire panel in each case. This meeting may be held telephonically.

Section 7. At the time of the arbitration hearing, either party shall have the right to examine and cross-examine witnesses or a written record of the proceedings shall be made upon the request of either or both parties.

Section 8. The arbitrator’s fee and expenses shall be shared equally by the parties. In all cases, 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.

Section 9. The following matters are not arbitral and the arbitrator shall have no power and no jurisdiction to:

(a) Add to, subtract from, alter, or in any way modify the terms of this Agreement; or

(b) Establish or modify any wage rate.

Section 10. The arbitrator shall render a decision as soon as possible following the hearing.

Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the parties to this Agreement.

Section 11. Any award of back pay to an individual grieving a discharge, discipline or any other matter shall not predate the date of the grievable event, 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.

ARTICLE 11 - LEAVE OF ABSENCE

Section 1. All leaves of absence shall be granted at the discretion of the Employer and, if appropriate, consistent with applicable federal and state laws. The Employer reserves the right to request from an employee documentary proof of the conditions necessitating the leave of absence.

Misrepresentation of the facts on which the basis a leave of absence was granted shall constitute grounds for termination of employment.

Section 2. Non-probationary employees may be eligible for the following unpaid leaves of absence in accordance with the procedures set forth below. All leaves of absence must be applied for in writing, consistent with Employer policy and be submitted not less than four (4) weeks prior to the effective date of said leave. Upon receipt of such request the Employer will respond to the employee in writing either approving or disapproving the leave.

(a) Military Leave

(1) The parties to this Agreement shall comply with current applicable state and federal legislation regarding military service. Employees who are members of the United

States Armed Forces, Reserve Forces, or National Guard will comply with all terms and conditions of the Uniformed Services Employment and Reemployment Rights Act

(USERRA).

(2) Employees in the Reserve or National Guard, who are required for training, will provide management a written notice ten (10) days in advance of the scheduled dates, or as soon as possible. The notice will include address and telephone number where employee can be reached during such training.

(b) Family Medical Leave Act (“FMLA”)

(1) Employees may be granted a medical leave in accordance with the Family Medical

Leave Act (FMLA). Consistent with applicable federal law and Employer policy, such leave may be granted upon written request of the employee. In order for requests of such leave to be considered, it shall be the responsibility of the requesting employee to fill out and submit the proper paperwork within the specified time limits; the Employer shall provide the necessary documentation.

(2) If the absence involves the employee, when the employee serves notice of his intention to return, the Employer shall require that the employee be certified as being physically able to return to work without restriction(s), or if there are restriction(s), the

Employer will make good faith efforts to make reasonable accommodation for the stated restriction(s) within the boundaries of its contract with the Client. The employee shall exercise his seniority into their previous classification.

(c) Unpaid Leave of Absence:

A full-time, non-probationary employee may be granted an unpaid leave of absence consistent with Employer policy. Any request for an Unpaid Leave of Absence must be for good cause, as determined by the Employer.

(d) Union Leave:

A non-probationary employee, who is also a Union officer or steward, may request an unpaid leave of absence per Government contract year in order to attend Union functions.

Section 3. Any employee granted a leave of absence under FMLA, must use any accrued, unused, Paid Time Off concurrently with the approved period of absence.

Section 4. An employee who engages in other gainful employment without prior written permission from the Employer while on leave of absence shall be subject to immediate discharge, without recourse to the grievance and arbitration provisions of this Agreement.

Section 5. The Employer reserves the right to disapprove any such requests due to operational constraints, or if the approval is cause for the Employer to incur unreasonable overtime costs.

Section 6. Employees shall be responsible for continued payment of insurance premiums for coverage’s purchased through the Union. Any failure to make continue premium payments shall be cause for the discontinuation of coverage’s through the Unions plan(s).

ARTICLE 12 - PAID TIME OFF

Section 1. Section 1. All employees may only earn up to fifty six (56) hours of paid time off/sick leave (“PTO/SICK LEAVE”) per full government contract year, which hours shall accrue at the rate of 1.00 hours for every 30 hours worked. PTO/Paid Sick Leave balance will be reflected on the payroll check reports for each employee.

Earned, unused, PTO will be carried over into the next Government contract year.

Employees may, within the first 30 days of said next Government contract year, opt to cash out any portion of the rolled-over PTO at the base accrued rate. To cash out, employees must submit a pay request form to the Employer. Employer will remit the requested payment within 60 days of said next Government contract year. Unused PTO shall not be paid out at retirement, resignation, or any other voluntary or involuntary termination of employment.

Section 2. Paid sick leave is administered in accordance with the Employer’s policy which shall be consistent with Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors.

Paid Sick Leave may be taken in one (1) hour increments. An employee’s request to use paid sick leave may be made orally or in writing and must be confirmed by a Supervisor. A leave request must be made at least seven (7) calendar days in advance when the need for the leave is foreseeable or otherwise as soon as practicable.

Section 3. Any employee who is unable to report to work because of sickness shall notify the

Employer at least two (2) hours prior to the beginning of his/her regular shift. When utilized as traditional Sick leave and the time exceeds the accrued amount of PTO/SICK LEAVE available to an employee, the time not covered by PTO/SICK LEAVE will be processed as a request for other leave in accordance with Employer policy. Approved PTO/SICK LEAVE shall be regarded as an excused absence.

Section 4. Hours paid under this article will not be considered as time worked for the purpose of computing overtime.

ARTICLE 13 - UNION STEWARDS

Section 1. The Union will notify the Company of any duly designated Union stewards and the effective date on which they assume said role.

Section 2. Neither Union stewards nor any other Union official shall interfere with the management of the Company’s business or direct any work of any employee.

ARTICLE 14 - HOURS OF WORK, OVERTIME, MILEAGE, & TRAVEL

Section 1. Filling Vacancies - When a vacancy is created by an employee vacating a specific post or a new post is created such vacancy will be posted by the Union. The new post or work assignment will be posted for at least 5 days. Once the post bids are in, said post will be awarded to the highest in seniority. The employee will have one week to accept the new post and if not decline the new post in writing and the post will be awarded to the next highest in seniority. This process shall continue until all assignments have been filled.

Section 2. Notwithstanding anything described in this Article, any post assignment shall be subject to any objection by the Government or the Employer. Until such time as the posting is filled pursuant to this Article, the Employer may fill the post in its sole discretion.

Section 3. Nothing contained herein shall guarantee to any employee any number of hours of work per day, per week or per shift. The employer will make a good faith effort to assign work hours equally and equitably. Further, in order to accommodate any required training, the Employer may temporarily change the post assignment and schedule of any employee.

Section 4. An overtime rate of one and one-half (1½) times an employee’s base pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a workweek.

Section 5. Overtime or premium pay shall not be pyramided, compounded, or paid twice for the same hours worked.

Section 6. Employees may be required to work beyond the hours scheduled on a particular day. In such case, the employee shall be required to work such overtime or beyond scheduled hours unless the employee is excused for good cause, however the employer agrees to make a good faith effort to exhaust available resources to avoid such circumstances as extended holdovers or lengthy periods of unpaid time between post assignments. If an employee is not relieved at the end of his/her shift, the employee may be required to remain on post until relieved. Failure to accept assignments or remain on post when not excused by a supervisor shall be grounds for discipline, including without limitation, termination. When the company has received a call off with a 2-hour notice and is aware that it may be necessary to hold an employee over, the affected employee shall receive a minimum of 60-minute notice that they may be held over. If an employee is called to work an additional assignment, on the same day, after the conclusion of their scheduled assignment, the employee shall be compensated for actual time worked. If the employee is required to travel from one worksite to another, other than the location where their bid post is located, the employee the employee shall be compensated for such travel time, as well as up to $10.00 for parking upon presentation of a receipt.

Section 7. Employees shall sign in and out on GSA Form 139 applicable to his/her post. The

Employer reserves the right to introduce any form of electronic timekeeping that is compliant with the Client requirements and meets federal/state regulations as they pertain to timekeeping. Prior to implementation, the parties shall meet to discuss the implementation, training, and additional uses of the system(s).

Section 8. The Company shall post the work schedule at least two (2) weeks in advance provided that the schedule may change from time to time and each employee is responsible to check the schedule each work day to see if any changes to the schedule affect them. If a change to the schedule requires an employee to work prior to his or her next originally scheduled work day, the

Employer shall make reasonable efforts to so notify the affected employee by speaking directly either in person or via telephone(not via voicemail).

Section 9. After the schedule is posted, employees may switch post assignments if all of the following are met:

(a) At least two (2) days advance written notice (unless the Employer agrees otherwise) is provided to the Employer and signed by both employees;

(b) The Employer consents to the switch in writing;

(c) Each employee is qualified to work the switched post;

(d) The Employer does not incur overtime as a result of the switch; and

(e) The Employer reserves the right to deny any requests for those employees who habitually abuse the process.

The failure of an employee to work an approved switch may be subject to disciplinary action

Section 10. Employees are required to report for work at their scheduled starting times in the proper uniform and with all required equipment. An employee who has been called in to work for an unscheduled duty assignment, and has not been advised either orally or in writing not to report, shall receive a minimum of two (2) hours of pay at his/her regular straight-time hourly rate and may be required to work at any post at the discretion of the Employer.

Section 11. The Company agrees to pay an employee two (2) hours of their base hourly wage if the employee is sent home because of a mix up in the schedule and the employee is on the current schedule to work or the Company may assign the employee to any available post. If two employees show up for work for the same post the most senior person will work the post and the least senior person will be sent home with two (2) hours of pay or the least senior person may be assigned to work any available post. Any employee called into work will be offered at least four (4) hours of work or if not needed shall compensated for four (4) hours (additional time actually worked after four (4) hours shall be compensated accordingly).

Section 12. If any employee reports to his/her duty station and that duty station is closed due to bad weather or any order by the Government and the employee was not notified by the Employer, than that employee will be paid two (2) hours of regular pay.

Section 13. If a reduction in coverage by the client is required the following shall apply:

(a) Permanent Reduction: The Employer shall afford senior employees affected by a reduction the ability to bid on remaining posts currently staffed by lesser seniority employees (e.g. bumping) with the understanding that any changes to posts assignments will not take effect until the next scheduling cycle.

(b) Temporary Reduction: The Employer will revise the schedule in a timely manner to afford the most senior employees the opportunity to work.

Section 14. Unplanned/unscheduled overtime is any open posts that the Employer becomes aware of with less than twenty-four (24) hours notification. Any unplanned overtime shall be filled at the sole discretion of the Employer.

Section 15. In filling available planned overtime, the employee with the most seniority who signs the overtime list shall be offered overtime on a rotating basis with the other employees signing the overtime list. The Supervisor shall call the employee next on the list at the last recorded phone number. If no answer, the Supervisor shall leave a message about the available overtime.

The Supervisor shall then move to the next employee on the list. This process shall continue until the post is filled. If an employee actually declines, that employee will be moved to the bottom of the overtime list. This process will continue until the overtime is filled or the entire overtime list is exhausted once and the process shall not restart with each planned overtime situation. If an employee accepts the assignment, they will then be moved to the bottom of the list .

If no employees sign the overtime list or if all employees that signed the overtime list refuse as provided herein, then the planned overtime may be filled by the Employer at its sole discretion.

Section 16. No overtime will be worked except by prior direction of the proper supervisory personnel of the Company.

Section 17. If an employee is required to work more than 50 miles (one-way travel) from their regular work site, then the employee will be paid:

The employee’s regular base hourly wage for travel time (less the regular travel time between the employee’s home and regular work site);

Mileage from the employee’s home to the work site (less the regular mileage between the employee’s home and regular work site) at the current GSA rate per mile;

In the event an assignment requires single day travel of more than 12 hours, including travel time and/or overnight lodging* reimbursement of the cost of meals* up to $35.00 per day provided that receipts for such meals are submitted to the Employer along with a reimbursement request form provided by the Company;

Any hotel rooms shall be booked and charges billed directly to the Employer by the hotel.

Incidental expenses such as movies, alcohol, etc. will not be reimbursed;

Reimbursement of the cost of meals* up to $20.00 per day will be paid for single day travel of 12 hours or less, for standing a post, or 8 hours or more for training, including travel time, but not requiring an overnight stay and lodging;

*Meals are defined as prepared food for the purpose of consumption by the employee only and consumed during working hours, to include travel time;

*Overnight lodging shall be made available for required travel more than 75 miles (one way travel) from their regular work site (less the regular travel time between the employee’s home and regular work site), for back to back work/training days or single day work/training assignments that exceed 12 hours, including travel time;

Employer will make a good faith effort to pay all travel reimbursements by the next pay period following submission.

The employee will be paid at the employees CBA defined rate, which is the employee’s normal post/site assignment wage rate, or the prevailing site rate, whichever is the higher rate for the assignment for all productive work hours to include training.

Section 18. Should it become necessary for the employer to require an employee to work a post outside of their bargaining unit, the employer will ensure that all available resources have been exhausted within the bargaining unit in need. If an employee incurs parking fees in order to attend training, work a post, or attend any other Employer required activity, the employee shall be entitled to parking fee reimbursement Up to $10.00 per day with receipts or a signed attestation from employee if receipts are not available.

ARTICLE 15 - WAGES

The base hourly wages for bargaining unit employees shall be as follows:

Classification Current Jan 1, 2018 Jan 1, 2019 Jan 1, 2020

Armed Security Officer $24.68 $25.36 $25.99 $26.55

ARTICLE 16 - HEALTH & WELFARE

Section 1. The Employer will provide all employees with a Health and Welfare (“H&W”) allowance, for all compensable hours not to exceed forty (40) hours per week, or a maximum of

2080 hours per calendar year. The following rates apply:

Current Jan 1, 2019 Jan 1, 2020

$4.41 $4.46 $4.51

Section 2. For Affordable Care Act purposes, employees who normally work 30 hours or more a week shall be provided the opportunity to enroll in the Employer’s Group Benefit Plan (“Plan”).

The Plan offerings include:

Medical Plans that meet the minimum value requirements of the Affordable Care Act

(“ACA”);

Voluntary Dental Plan;

Voluntary Vision Plan;

Short & Long-Term Disability; and

Life Insurance.

Section 3. The Employer shall not be responsible for making contributions for eligible employees on approved leave of absence, except as governed by federal or state law.

Section 4. Employees are eligible for coverage on the 1st of the month, following two (2) months of employment. Please refer to the benefits documents for additional information pertaining to these options and their costs. Part-time employees are not eligible for health benefits.

Section 5. Employees must enroll for medical benefits and basic life insurance. In the event that the premium rate(s) required by the elected coverage’s of an employee are greater than the H&W allowance provided for in Section 1 of this Article, the Employer agrees to deduct from an employee’s wages the amounts necessary to meet the premium(s) requirement.

Section 6. Enrollment in Employer sponsored medical benefits may be waived if the employee provides proof of other qualifying health coverage (Tricare, Veteran’s Administration coverage, parent up to age 26, full-time employment of employee at another position, individual marketplace, or exchange plan). In addition, the following conditions must be met:

(a) The employee must have minimum essential coverage as required by applicable federal law(s);

(b) That alternative coverage must provide coverage for the employee and the employee’s family members (if the employee has a family); and

(c) The employee must provide evidence at least once per plan year (during open enrollment) of such alternative coverage, although that evidence can consist of the employee’s attestation that the employee has such coverage.

The employer cannot accept the employee’s attestation or other evidence if the employer knows or has reason to know that the employee does not have such other required coverage.

In addition, these employees will not be eligible to enroll in the Plan until the following Open

Enrollment period or a qualifying event occurs.

Section 7. There shall be no cash-in-lieu option for any H&W earnings not used for the purchase of benefits. Unused H&W earnings will be contributed into an account in the employee’s name, within the Employer’s 401(k) Savings Plan.

Section 8. After twelve (12) weeks under the FMLA, the employee shall pay the total cost of premium under COBRA for medical/dental insurance benefits to continue.

Section 9. Employees may enroll eligible dependents in the medical/dental insurance program, as well as dependent life insurance. The premium cost for dependent coverage will be borne by the employee through payroll deduction.

Section 10. The actual costs of elected employee coverage(s) may change from year to year. Any changes will be conveyed to employees during the annual open enrollment period.

Section 11. No provision of the Employer’s H&W Plan is subject to grievance.

ARTICLE 17 - 401(k) SAVINGS PLAN

Section 1. The Employer will contribute the following…