Cape May CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

Alutiiq Advanced Security

Solutions, LLC

AND

Governed United Security

Professionals

U.S. Coast Guard

Cape May, NJ

April 1, 2019 to March 31, 2022

DocuSign Envelope ID: 0B2FD1BD-22E9-4920-99DD-8852123C1680

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Contents

PREAMBLE

ARTICLE I: SCOPE OF AGREEMENT

ARTICLE II: MEMBERSHIP AND DUES CHECK-OFF

ARTICLE III: NONDISCRIMINATION

ARTICLE IV: MANAGEMENTS RIGHTS

ARTICLE V: EMPLOYEE CLASSIFICATIONS

ARTICLE VI: WORK WEEK AND HOURS OF WORK

ARTICLE VII: DISCHARGE AND DISCIPLINE

ARTICLE VIII: GRIEVANCE PROCEDURE

ARTICLE IX: ARBITRATION

ARTICLE X: NO STRIKE & NO LOCKOUT

ARTICLE XI: BULLETIN BOARDS

ARTICLE XII: STEWARDS AND UNION ACCESS

ARTICLE XIII: JURY DUTY

ARTICLE XIV: LEAVES OF ABSENCE

ARTICLE XV: HOLIDAYS

ARTICLE XVI: VACATION

ARTICLE XVII: SENIORITY

ARTICLE XVIII: TRAINING AND QUALIFICATION

ARTICLE XIX: UNIFORMS

ARTICLE XX: HEALTH AND WELFARE

ARTICLE XXII: WAGES

ARTICLE XXIII: GOVERNMENT DIRECTIVES

ARTICLE XXIV: INTEGRATION

ARTICLE XXV: SEPARABILITY AND SAVINGS CLAUSE

ARTICLE XXVI: DURATION OF AGREEMENT

APPENDIX

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BARGAINING AGREEMENT

PREAMBLE

This Agreement is entered into as of April 1, 2019 by and between Alutiiq Advanced

Security Solutions, LLC, hereinafter referred to as the "Employer", and the Governed

United Security Professionals, hereinafter referred to as the "Union". Unless otherwise noted herein, the Agreement shall be in force until March 31st 2022.

ARTICLE I: SCOPE OF AGREEMENT

Section 1:

The Employer recognizes and acknowledges that the Union is the bargaining agent for all full-time and regular part-time armed and unarmed security guards as defined by

Section 9(b)(3) of the National Labor Relations Act (Act) employed by the Employer at its location at U.S. Coast Guard, Cape May, NJ (Employee) for contract HSCG2317DPGC002 excluding office clerical employees, professional employees, managerial employees and supervisors as defined in the Act.

Section 2: Probationary Employees

All Employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) work days from date of hire. During their probationary period, Employees may be subject to discipline or discharge at the discretion of the Employer, without regard to the provisions of Articles

VII, VIII, and IX of this Agreement. All other provisions of the Agreement are applicable to probationary employees, unless specifically provided otherwise.

There shall be no seniority accumulated during the probationary period, but upon successful completion of that period, the Employee shall be credited with seniority from the date of hire or rehire.

The purpose of the probationary period is to provide for the evaluation of an Employee over a period of ninety (90) work days.

Section 3: Accrual of benefits during Probationary Period

a. Only upon completion of his/her probationary period, The Employee shall begin to accrue benefits as provided in the Agreement.

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ARTICLE II: MEMBERSHIP AND DUES CHECK-OFF

Section 1: Definition

a. All Employees who are members of the Union on the effective date of this

Agreement, or voluntarily join hereafter, shall maintain their membership or satisfy the financial obligations set by the Union in accordance with the applicable law during the term of this Agreement as a condition of continued employment. All Employees covered by this Agreement who are not members of the Union and choose not to become members of the Union shall, as a condition of continued employment, pay to the Union an agency fee as established by the

Union, consistent with applicable law.

b. All Employees hired after this effective date of this Agreement shall, within ninety (90) working days, become members or agency fee payers as a condition of continued employment for the duration of this Agreement, consistent with applicable law.

c. The Employer shall be obligated under this Article to terminate the employment of any Employee by reason of his/her failure to comply with

Section (a) above upon receipt of a thirty (30) days advance written request from the Union, provided that, upon receipt of such written request by the Employer, the Employee shall have fourteen (14) days to tender the amounts owed and thereby avoid termination of his/her employment and provided further that the

Union has provided the Employer with written proof that it has complied with its legal obligations concerning notification to the Employee of the delinquency and notification to the Employee of his or her statutory rights relating to union security, including subsection (d) below, unless otherwise provided by applicable law.

d. An Employee who elects not to become a member of the Union or maintain membership in the Union during the term of the Agreement will pay an agency fee to the Union rather than pay the dues amount. Such agency fee shall reflect an amount that is proportionately commensurate with the costs to the

Union of collective bargaining and contract administration and Union financial core fees, as defined by the U.S. Supreme Court in NLRB v. General Motors, 373 U.S. 734 and Beck v. Communications Workers of America, 487 U.S. 735.

e. The Union agrees to indemnify and save the Employer harmless against any and all Costs (including attorney's fees) and any and all claims, demands, suits or other forms of liability that shall arise out of any action taken by the

Employer and the Union under this Article.

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Section 2: Dues Deduction

During the term of the Agreement only, the Employer shall deduct such union membership dues or agency fees each payday from the pay of all Employees covered by this Agreement upon being provided a signed authorization to deduct such amounts by the Employee. The Employer shall tender such deductions to the Union the month following the deduction (Example – June deductions tendered in July). The

Employer shall also provide, on a quarterly basis, the name, the identification number and job classification of each Employee and the amount of dues or agency fees deducted to date from April 1st of each year upon request. Following the termination of the Agreement or any agreed upon extension thereof, the Employer shall have the right to unilaterally cease the deduction of dues under this Section.

ARTICLE III: NONDISCRIMINATION

The Employer shall train, assign, and promote Employees without regard to race, color, religion, national origin, ethnic background, gender, age, marital status, sexual orientation, disability, status as a veteran, political affiliation or belief, military duty status, or Union activity. The Employer and the Union shall each comply with all applicable federal and state laws. Any claim that the Employer has violated this

Article, or any other federal or New Jersey law outlawing discrimination or retaliation, shall be solely resolved pursuant to the grievance and arbitration provisions of this

Agreement (Articles VIII and IX) whether individual or class based claims.

Notwithstanding the foregoing, nothing in this Article shall prevent the filing of an unfair labor practice charge with the National Labor Relations Board.

ARTICLE IV: MANAGEMENTS RIGHTS

Except to the extent expressly abridged or limited by a specific provision of this

Agreement, the Employer reserves and retains, solely and exclusively, all of its inherent rights to manage and operate its business prominent among which, but by no means wholly inclusive, are the right to unilaterally decide and implement decisions as to: the merger, sale or termination of all or any part of its business; the nature and extent of services provided and performed; the cessation of operations covered by this Agreement or any part thereof; the altering, rearranging, combining, transferring, assigning or ceasing of any job, department operation or service; the work to be contracted out, purchased or assigned to non-bargaining unit personnel, including work performed by bargaining unit Employees; the types of equipment utilized; the control and regulation of the use of all equipment and other property, including property of the Federal Government; the schedules of and the number of hours per day or week to be worked by Employees; changes in Employees' work schedules, assignments and changes in assignments of work to Employees; the size, AASS_____ GUSP _____ selection, direction, and make-up of the work force; the hiring, testing (including drug and alcohol testing), selection, examination, layoff, promotion, demotion, assignment of work to, or transfer of Employees; the discipline, suspension, and discharge of

Employees pursuant to Article VII; relieving Employees from work, duties or assignments because of the lack of work; the establishment and evaluation of jobs including the determination of job requirements and job content; the establishment of quality and performance standards; the determination of the methods and means of monitoring, evaluating or investigating bargaining unit Employee performance or conduct, including the use of video surveillance equipment and electronic monitoring equipment; the content and implementation of rules and regulations for service, inspection, efficiency, discipline, safety, and working conditions; the establishment, modification or discontinuance of policies, practices and procedures for the conduct of the business; the determination and implementation of such measures as the

Employer may determine to be necessary for the orderly, safe, efficient, and cost effective conduct of the operations covered by this Agreement. The only limitations upon the Employer’s discretion to operate its business are the exact terms of the

Agreement.

Section 2:

The right of the Employer to make and/or revise such reasonable rules and regulations, as it may deem best for the purposes of maintaining order, safety and/or effective operations of the Employer, and after advance notification of the Union, are recognized. Examples of safety issues would include weapons or DOT

Compliance/Motor Vehicle Safety.

Section 3:

The Union agrees to cooperate with the Employer in all matters required by the U.S.

Government and the Union recognizes that the terms and conditions of the Agreement are subject to the rights the U.S. Government may exercise and that any actions taken by the Employer pursuant to a requirement of, or request by, the U.S. Government may be taken unilaterally and shall not constitute a breach of this Agreement.

ARTICLE V: EMPLOYEE CLASSIFICATIONS

Employees who are regularly scheduled to work at least thirty-two (32) hours per work week shall be considered as "full-time". Employees who are regularly scheduled to work less than thirty-two (32) hours per work week shall be considered as "part-time".

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ARTICLE VI: WORK WEEK AND HOURS OF WORK

The work week shall be from 0001 hours Sunday until 2400 hours Saturday each week. Wages shall be paid semi-monthly on the 10th and 25th of each month.

The hours of work for Employees shall be scheduled by the Employer at least two (2) weeks in advance except in circumstances beyond the Employer's control.

Overtime is to be paid at the rate of one and one-half (1 1/2) times the base hourly straight time rate. Overtime shall be paid to Employees for work performed in excess of forty (40) worked hours in a work week. Premium pay shall not be pyramided, in that any hour of work for which premium pay is paid under one provision of this

Agreement shall not be counted as a worked hour under any other provision of this

Agreement. Paid vacation, holiday time or any other time not actually worked (except paid breaks) shall not be counted as hours worked in the calculation of overtime.

Opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances and must be authorized in advance by the

Employer.

Employees are required to work assignments beyond or outside of scheduled hours at the discretion of the Employer, consistent with any restriction imposed by the government contract. The Employer has the right to hold over Employees until relieved and/or to require an available Employee to provide coverage consistent with any restrictions imposed by the government contract. In the event that the Employer has advance knowledge of twenty-four (24) hours or more that the overtime will be required, such work will be offered consistent with seniority whenever possible.

Section 4:

An Employee called in outside his regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay at the applicable minimum wage in lieu thereof.

Section 5:

Nothing in this Article shall be construed as a guarantee of work, work opportunities, or hours, except as otherwise expressly provided.

Section 6:

All productive security officers shall be provided as possible.

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ARTICLE VII: DISCHARGE AND DISCIPLINE

During the term of the Agreement, no non-probationary Employee shall be disciplined, suspended or discharged for disciplinary reasons without just cause and discharge matters shall be subject to the grievance and arbitration procedures contained in

Articles VIII and IX of this Agreement.

The Employer shall have the right to suspend an Employee during any investigation or pending discharge. During suspension the Employer, at the Union's request, will meet for the purpose of discussing the conduct being investigated and/or the basis for the suspension or discharge. If, upon conclusion of the investigation, the Employer concludes no discipline is warranted, the Employee will be made whole.

When the Employer deems any matter to warrant action less than discharge, it will utilize a system of progressive discipline as follows:

1. Verbal warning, with counseling

2. Written warning, with a conference

3. Suspension not to exceed (5) days up to five (5) days with final warning

4. Discharge

The above progressive discipline steps are not limited to offenses of the same type but shall apply to offenses of different character and type. The Employer shall, at its discretion, deem that a matter, in and of itself, warrants discipline commensurate with the violation and thus may discipline an Employee accordingly and not required to start at a Verbal Warning or otherwise adhere to 1-4 for any reason, including arising under Section 10.

When Employees are suspended or discharged, the Employer will provide notice thereof to the steward / Union within 48 hours or next business day to the extent practical; an untimely notice will have no effect on the discipline imposed.

Section 5: Standards of Conduct

It is acknowledged and recognized that the Employer is in the business of providing security services to the United States Government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Employer and

Union that all Employees shall act in a highly professional, courteous manner and shall be held responsible for their duties, functions and job requirements. It is also recognized that timely and consistent attendance is a fundamental and essential requirement of security positions; that the importance of good attendance is to prevent disruption to fellow Employees' schedules/disruption to contract operations/

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overtime/open posts; and that a minimum of four hours advanced notice is required for any call-off. Deviation from or failure to meet these expectations, or exhibiting repeated occurrences of attendance and/or tardiness, shall constitute just cause and result in disciplinary action, up to and including discharge from employment.

Section 6:

Notwithstanding any article in this Agreement and without otherwise limiting the right of the Employer to determine the disciplinary penalty in any case, the parties agree that any of the following shall constitute just cause for discharge:

These Identify the Major Infractions:

1. Neglect of duties

2. Demonstrated incompetence in the performance of duties

3. Improper use of official authority or credentials

4. Unauthorized use of communications equipment or Government property

5. Falsification or alteration of Employer reports, documents or records, including, but not limited to, time records, employment applications, benefit claim forms, requests for leave or other time off, accident or safety reports, or work reports.

6. Falsification or concealment, removal or destruction of any official documents.

7. Concealment of material facts by willful omissions from official documents or Records.

8. Misuse of authorized weapons, or possession of a personal firearm or unauthorized firearm, dangerous weapon, substance or device at the work site including parking areas, on Employer property or vehicles or while performing any duties away from the worksite or Employer property.

9. Reporting to work or performing work while impaired by lawful or unlawful, drugs, alcohol or any intoxicant. Selling, distributing, purchasing possessing or using unauthorized drugs, alcohol, intoxicants or any dangerous substance at the work location, including parking areas, or on

Employer property, or in Employer vehicles or while at work at any location or being involved in accident on duty while impaired.

10. Testing positive on any drug or alcohol test or any other violation of the

Employer anti-drug or alcohol policy. For the purpose of this rule, a positive drug test is any detectable amount of unlawful drugs and a positive alcohol test is a level of 0.01 or higher.

11. A refusal to obey or follow, or the reckless disregard of, Employer policies or regulations, a work order, or a management or supervisory directive or instruction.

12. Conduct and/or statements directed toward a supervisor or management official which are profane, threatening, verbally abusive or which demeanor

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exhibit a lack of respect or disregard for supervisory or management authority, unless otherwise provided by applicable law.

13. Any violation of the no strike clause of Article X of the Agreement.

14. Any violation of the Employer’s Anti-Harassment policy.

15. Gambling at the work location or on Employer’s Property.

16. Entering time on behalf of another Employee or allowing another Employee to enter your time.

17. Failure to report any workplace accident or injury immediately upon its occurrence or as soon as the Employee is capable of doing so.

18. Theft or misappropriation of, or the unauthorized possession of, Employer funds or property, or the funds or property of any Employee or other person.

19. Conducting personal affairs during working time without prior supervisory approval. "Personal affairs" do not include the making of telephone or other inquiries concerning the status of children or family members or the provision of their care provided that the Employee requested and received supervisory approval prior to engaging in such activity except where an emergency situation prevents obtaining such approval. Long distance telephone calls shall not be made at the government's expense.

20. Falsification of the reason for any absence, whether in writing or not.

21. Engaging in any act of fighting, violence or horseplay at the work location, including parking areas.

22. Willful failure or refusal to follow, or reckless disregard of, any safety rule, procedure, instruction or requirement.

23. Any verbal or other act which threatens coerces or intimidates any manager, supervisor, Employee, or any person at the facility or which is intended to threaten, coerce or intimidate any such person.

24. A refusal to participate in or cooperate in, or knowingly providing false or misleading information during, any Employer or federal or local government investigation.

25. Sleeping, giving the appearance of sleeping or otherwise avoiding work during any time that the Employee is required to be working.

26. Violation of post orders or any Government procedures or regulations relating to the work, including unauthorized post abandonment.

27. Revocation by the Government or other loss of any clearances, authority or credentials required for the position.

28. Conducting union activity during working time or in working areas without specific prior supervisory approval.

Section 7:

Records of verbal or written warnings shall be removed from an Employee's file and not be relied upon as part of a cumulative basis for discipline in a future matter provided that the Employee remains discipline free for a period of one (1) year for major offenses and for minor offenses from the date of the verbal or written warning.

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Section 8:

The precise step of the disciplinary procedure shall be stated on each disciplinary form and a copy of the disciplinary form shall be provided to the Employee at the time it is issued.

Section 9: Investigatory Interviews

Subject to, and in accordance with, the National Labor Relations Act, any investigatory interview between an Employee and a Employer representative which is anticipated to result in discipline shall, at the request of the Employee, be conducted in the presence of an authorized Union officer or shop steward unless such officer or shop steward is not reasonably available and exigent circumstances preclude postponement of the investigation.

ARTICLE VIII: GRIEVANCE PROCEDURE

This procedure is the sole and exclusive procedure available to the Employer, Employees and the Union for the resolution of disputes arising in the workplace.

Should any difference arise between the Employer and the Union or the Employees covered by this Agreement as to the meaning, interpretation, or application of the provisions of this Agreement, such difference shall be considered a grievance.

Grievances shall be processed in the following manner:

Step 1 The grievance will be reduced to writing on a standard grievance form by the Union and given to the Site Supervisor five (5) business days after the occurrence of the event giving rise to the grievance or five (5) business days from the date the Employee reasonably should have known of the event. In the event a satisfactory settlement is not reached within five (5) business calendar days from the date the grievance is presented, the matter may be referred by the Union to the second step as set forth in Step 2 below.

Step 2 The Union may refer the grievance to Step 2 by filing a written copy of the grievance on or before the fifth (5) business day following the expiration of the above five (5) business day period in Step 1 to the Project Manager. The written grievance shall state the nature of the grievance, the name of the grievant, the date on which the grievance arose, the precise article of this

Agreement that has been allegedly violated, and whether the Union desires a meeting. If a meeting is requested, the parties shall schedule a meeting within ten (10) business days following such referral. In the event a satisfactory adjustment is not reached within ten (10) business days following such meeting, the Union may refer the grievance to Step 3.

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Step 3 The Union may refer the grievance to Step 3 by filing written notice of such referral to the Program Manager on or before the fifth (5th) business day following the expiration of the ten (10) business day period set forth in Step 2.

Within five (5) business days thereafter, the Senior Vice-President for

Operations or his/her designee and Union shall meet to review the grievance.

Within ten (10) business days of this meeting, the Senior Vice-president for

Operations or his/her designee shall provide the Union a written response to the grievance. If no satisfactory adjustment is reached, the Union may refer the grievance to Arbitration by filing with the Employer written notification of an intent to arbitrate Employer, within five (5) business days following receipt of the Employer's Step 3 answer or the expiration of the ten (10) business day period for such answer, whichever is earlier.

The time limits for filing and referring grievances to the next step or to Arbitration are to be strictly construed. A grievance that is not filed or referred to a higher step or to

Arbitration within such prescribed time limits shall be considered settled and resolved on the basis of the Employer's last answer, which shall be final and binding on the

Union and the grievant and shall not be further processed or pursued in any manner.

The Union and Employer may mutually agree, in writing, to extend any of the time limits set forth in this Article.

a. To the extent required by the nature of the grievance, the grievant will, at the

Union's request, be allowed to attend meetings held at Step 1 and Step 2, unless attendance would interrupt work assignments of the Employer. Such time shall not be paid.

b. The settlement of any grievance at any step of the foregoing procedure shall be without precedent unless otherwise agreed upon as such.

c. Grievances which involve the discharge or suspension of an Employee or which involve an Employer policy or decision shall be presented at Step 3 within five (5) business days the event giving rise to the grievance or the date the Employee or Union should have known of the event. In addition, the

Employer and Union may agree in writing to bypass any step of the grievance procedure.

d. A grievance or notice required under this Article shall be deemed to be filed or referred when received.

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ARTICLE IX: ARBITRATION

Only grievances which involve the meaning, interpretation or application of the, provisions of this Agreement shall be subject to mandatory arbitration. Claimed violations of federal and state statutes shall also be subject to mandatory arbitration.

Only the Union and the Employer shall have the right to refer such a claim or a grievance to mandatory arbitration.

For a grievance to be referred to arbitration, the Union must include with its notice of intent to arbitrate a standard Federal Mediation and Conciliation Services request from for a list of seven (7) arbitrators who have had training or experience in the subject of the meeting at or provide an answer within the applicable time limits in Step

1, Step 2, or Step 3, the Union may refer the grievance to the next step or arbitration within the time limits set forth in grievance. The parties shall share the cost of the initial request. Any party may reject a provided list no more than twice by written notification to the other party and by filing with the FMCS a request for a new panel at such party's own cost. Within twenty (20) days calendar days of the receipt of an acceptable list from the FMCS, the parties shall select an arbitrator by alternately striking a name from the list until one remains. The person so selected shall then hear and decide the grievance in the manner described below.

The FMCS shall have no authority to conduct an arbitration hearing on the basis of a unilateral request by the Union. In the event that the Employer refuses to execute and return the FMCS arbitration panel request form, such shall be deemed a refusal to arbitrate.

Any grievance referred to an arbitrator shall be considered by him or her within one (1) month from the date it is referred or as soon as practicable thereafter or as agreed by the Employer and the Union in writing. The arbitrator shall render his or her decision within thirty (30) days following the conclusion of the hearing and filing of any briefs, unless the parties agree otherwise.

The arbitrator shall have no authority to add to, detract from, modify or delete any provision of the Agreement and the Arbitrator shall not impose on the Employer a limitation or obligation not explicitly and expressly provided for in the Agreement and intended as such.

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Section 6:

The expenses of the arbitrator and the arbitration hearing shall be borne equally by the parties. The costs of transcription shall be borne by the party ordering such unless both parties order transcript copies, in which case, the cost of transcription shall be divided equally.

Section 7:

The burden of proof in any arbitration hearing involving the discipline, suspension or discharge of an Employee shall not be greater than the preponderance of the evidence.

Further, the arbitrator shall have no authority to substitute his or her sense of justice or fairness for that of the Employer or impose upon the Employer any obligation of industrial due process or other procedural requirement not expressly imposed by a specific provision of this Agreement. The arbitrator shall have no authority to reduce any disciplinary action imposed by the Employer.

Section 8:

Time spent by Employees at arbitration hearings shall not be paid by the Employer, except that the Employer retains the right to pay such time for Employees it calls as witnesses.

ARTICLE X: NO STRIKE & NO LOCKOUT

During the term of this agreement, and in exchange for the Employer's commitment set forth in Section 2 below, the Union and the Employees agree that, as to any underlying cause or dispute of any nature (including, but not limited to sympathy actions and unfair labor practice protest), there shall be no concerted or self-help action of any kind, including, but not limited to, strikes, picketing, slowdowns, stoppages or curtailment of work of any kind, boycotts, hand billing or any other form of protest or other act including legal action which interferes with, or which is intended to interfere with or apply pressure to, the Employer or its business activity or operations. This obligation applies regardless of whether or not the dispute is subject to the grievance/arbitration provisions of this Agreement. Neither the Union nor any

Employee shall participate in, instigate, encourage, authorize or condone any such activity or conduct. Any violation of this obligation by any Employee shall be grounds for the discharge and such discharge shall not be held to violate the terms of the

The Employer agrees that it will not lock out the Union during the term of this

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ARTICLE XI: BULLETIN BOARDS

The Employer will use its reasonable best efforts to obtain permission from the

Government for a bulletin board for the exclusive use of the Union. There shall be no posting of literature on these bulletin boards except by the authority of officially designated representatives of the Union and such posting shall be limited to:

a. Notices of Union recreational and social affairs;

b. Notices of Union elections;

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

d. Notices of Union meeting;

e. Union updates of negotiations.

There shall be no other distribution, by Employees or the Union, of notices, pamphlets, advertising or political matters during work time or in work areas.

The Union recognizes that the bulletin boards are in government offices and its use and approval is at the sole discretion of the Contracting Officer, ATR, or COTR of the contract. The Union shall ensure there is no posting contrary to Rules of the US

Government or any other government authority or the Employer's policy of equal employment opportunity and harassment.

ARTICLE XII: STEWARDS AND UNION ACCESS

The Union shall designate no more than one shop steward per shift and one chief shop steward. The Union shall notify the Employer of the selection of Stewards within thirty (30) days of such selection. Stewards shall not interfere with the management of the business, the work of Employees or direct the work of any Employee. In the absence or unavailability of the Steward designated as representing Employees on a specific shift or in a specific location, any other Union-designated Steward may represent unit Employees.

Unless specific prior permission is given by site management upon a prior request, Stewards shall not conduct union activities during their working time and in working areas. Any such activity permitted during a Steward's working time shall not be paid and the Steward must clock in and out.

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Section 3:

Union staff representatives must receive approval of DOD officials, such as the

Contracting Officer, Contracting Officer Technical Representative (COTR), or the

Agency Technical Representative (ATR) prior to accessing the Employer's premises for the performance of official Union business. Requests for such access to the worksite must be made in advance and must be made through the Employer and include date, time of the requested visit, as well as a list of staff representatives and their areas of jurisdiction. Union officials must ensure there is no disruption of operations or interference of work.

Unless permission has been denied by appropriate DOD official such as the

Contracting Officer, Contracting Officer Technical Representative (COTR), or the

Agency Technical Representative (ATR), Union staff representatives shall be permitted to have access to the Employer's premises for the performance of official Union business, provided that there is no disruption of operations or interference with work.

Requests for such access will be made in advance and shall not be unreasonably denied by the Employer. The Union will provide the Employer with a list of staff representatives and their areas of jurisdiction.

ARTICLE XIII: JURY DUTY

An Employee summoned to serve on a jury on a schedule workday shall receive compensation as set forth herein: however, compensation shall not exceed the comparable amount of wages for a schedule day's work to a maximum of forty (40) hours during a work week per year.

If an Employee is summoned to serve on the jury on his/ her regular schedule workday, the Employee shall be paid the difference between the amounts received for jury duty and the Employee's straight-time rate of pay.

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ARTICLE XIV: LEAVES OF ABSENCE

Section 1: Maternity and Sick Leave

a) All provisions of this Article shall be applied in a manner consistent with the

New Jersey Family Medical Leave Act and the federal Family and Medical Leave

Act of 1993 ("FMLA") and Alutiiq Advanced Security Solutions, LLC existing

Family Medical Leave Policy which may amend from time to time in its discretion consistent with the FMLA Alutiiq Advanced Security Solutions, LLC .

Eligible non-probationary Employees in New Jersey will be granted up to twelve

(12) weeks of unpaid leave for their own serious illness, for the birth or adoption of a child, or the care of a seriously ill child, spouse, or parent, unless otherwise provided by applicable law.

b) Eligible Employees may also be entitled to 12 weeks of unpaid leave in connection with certain exigencies related to the military service obligations of a covered service member or up to 26 weeks of unpaid leave during a 12 month period to care for a covered service member, unless otherwise provided by applicable law.

c) If available FMLA leave has been exhausted, the Employee may take an additional medical leave of absence, not to exceed one (1) month. An Employee who takes such leave may elect to utilize as much paid benefit time as he/she has accrued. During such leave of absence, the Employee shall retain his/her existing seniority and shall continue to accrue seniority for three (3) months, but not benefits.

d) Full-time bargaining unit Employee shall earn up to fifty-six (56) hours of paid sick leave per full government contract year.

e) Any Employee who is unable to report to work because of sickness shall notify the employer at least four (4) hours prior to the beginning of the shift.

Section 3: Personal Leave without Pay

An Employee may request personal leave without pay for a period of up to one (1) month during the term of the Agreement. It is within the Employer's sole discretion whether such requests, which must be in writing and state the reason for and length of the desired leave, will be granted. Neither seniority nor benefits shall accrue during such personal leave. Employees on leaves of absence for personal reasons who accept other employment during such leave shall be considered as having resigned. Upon giving two (2) weeks' notice of intent to return to work, an Employee shall be scheduled to report to his or her former job, or an equal job within two (2) weeks of the

Employer's receipt of such notice. If no job is available on the Employee's former shift or former site, he or she may be put on any shift or site, but will be returned to his or her former shift or site as soon as an opening is available, consistent with the

Employer's scheduling needs.

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Section 4: Military Service

Employees enlisted or enlisting in the military service of the United States pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act and amendments thereto shall be granted all rights and privileges provided by that

Act.

Section 5: Bereavement Leave

If it is necessary for an Employee to lose time from work because of death in the immediate family, the Employee shall be entitled up to three (3) days paid leave of absence at his or her straight time rate of pay. In the event the Employee must travel more than three hundred miles, the Employer will approve a minimum of two (2) additional days of absence without pay. For the purposes of this leave, “Immediate

Family” is defined as: an Employee's father, mother, spouse, sister, brother, children

(including legally adopted children and stepchildren), grandparents, and grandchildren. The Employer may require proof of the death for which an Employee requests a paid leave.

ARTICLE XV: HOLIDAYS

The Employer shall grant to all Employees the following holidays off with pay (or pay in lieu thereof, if normally scheduled to work that week day). Holiday benefits shall be paid provided that the Employee shall work his or her regularly scheduled work day prior to the holiday and his or her regularly scheduled work day after the holiday:

New Year's Day

Martin Luther King's Birthday

President's Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas Day

Full-time Employees will receive eight (8) hours of pay at their base hourly rate for holiday pay. Part-time Employees will be paid at a prorated based upon hours worked in the previous week, divided by 32.

Employees who work on a holiday listed above will be paid at their straight time hourly rate for all hours worked on the holiday, plus eight (8) hours holiday pay at

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their straight time rate. In addition, any unscheduled holiday declared by Presidential Proclamation will be observed and paid as a holiday under guidelines of this agreement.

ARTICLE XVI: VACATION

Full-Time Employees covered by this Agreement shall receive the vacation benefits in accordance with the following schedule:

An Employee continuously employed for one (1) year 1 weeks

An Employee continuously employed for two (2) years 2 weeks

An Employee continuously employed for five (5) years 3 weeks

An Employee continuously employed for fifteen (15) years 4 weeks

The yearly vacation amount shall be credited to the Employee on the Employee's employment anniversary date.

All vacation benefits will be paid at the hourly rate in effect at the time of the

Employee's most recent anniversary date. Accrual of vacation amounts is based upon continuous years of service by the Employee not including Leave of Absence granted under Article XIV unless provided by applicable law, without break in service, for the

Employer and the Employer's predecessor(s), in the bargaining unit, unless otherwise provided in the Agreement.

Vacations may be scheduled any time during the year with the Employer. Employees shall select their vacation period in order of their seniority where reasonably possible and at a time mutually convenient to the Employer and the Employee. Reasonable efforts will be made to grant vacation as requested; however, all vacation requests will be subject to operational necessity. Vacation time must be taken within the year following its annual accrual. Any unused vacation will be paid out when the payroll cycle containing the next anniversary date is processed.

Vacations will be granted to Employees in order of their seniority within work shifts, but the final right as to the allotment, scheduling of vacation time periods is reserved to the Employer in order to assure continued operations at the work site. All such vacation requested shall be in writing (30) days before and approved by the Employee's

Project Manager or Site Manager. With the Employer's consent and approval, the

Employee may elect not to take his/her vacation, in which case he/she will receive pay in lieu thereof on the anniversary date of his/her employment.

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ARTICLE XVII: SENIORITY

The parties recognize that the filling of vacancies, decreases in the workforce, layoffs and recalls should be determined in relation to an Employee's performance (including attendance and/or discipline record), qualifications, skills, abilities and length of service (as defined in Section 2 below). It is recognized, however, that the Employer and its management have the responsibility for the efficient and profitable operation of the business. Consequently, in all cases of filling of vacancies, decreases in the workforce, and layoffs, length of service shall be the determining factor only where the

Employees' overall performance (including attendance and/or discipline records), qualifications, skills and abilities are equal.

For all purpose under this Agreement, seniority is calculated from the date of first employment in the bargaining unit by the Employer and/or any predecessor contractor or reemployment therein following a break in service as described in

Section 5 below.

When two or more Employees begin work on the same date the Employer shall assign priority in length of service by last 4 digits of Social Security Number from 0 to 9999 with the lowest being the most senior.

Upon request, he Employer shall provide semi-annually the seniority list of all bargaining unit Employees to the Union. Such list shall contain each Employee's length of service.

Length of service will be broken with the loss of all seniority and the Employee shall be deemed terminated from employment if the Employee:

a) Resigns or quits for any reason;

b) Is discharged;

c) Is absent from work for two (2) consecutive working days without notifying his supervisor in which case he or she shall be considered a voluntary quit. In the event of extreme circumstances involving illness or injury to the Employee which prevent the Employee, his or her immediate family or representative from notifying the Employer, this provision shall not apply if notice to the Employer is given as soon as practicable;

d) Is laid off for a period of 26 weeks from the date of his/ her last day of active employment or of his or her length of service whichever is less;

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e) Is absent due to occupational injury for a period of 26 weeks from the date of his/her last day of active employment or of his or her length of service, whichever is less, unless such period is extended by the Employer as a reasonable accommodation for a protected disability or is extended pursuant to the Agreement.

f) Fails to return as scheduled following a leave of absence or pursuant to a notice of recall. A recall notice shall be deemed sufficient if communicated directly to the Employee or if mailed or otherwise delivered with accompanying proof thereof to the last address of the Employee on the Employer's records, with a copy to the Union. It is each Employee's responsibility to insure that his or her address and telephone records are accurate;

g) Engages in other employment while on a leave of absence, unless otherwise agreed to by the Employer and Union in writing.

h) Becomes ineligible to work because he/she failed successfully to complete training or testing or failed to meet qualifications mandated by the Government.

Section 6: Shift Openings

Available full-time and part-time shifts shall be posted at times in the discretion of the

Employer. Each Employees shall have (7) calendar days within which to bid. The shift shall be awarded from the bidders pursuant to seniority. The successful bidder's previous shift, if maintained, shall then be bid and awarded pursuant seniority. Any remaining shift openings may then be assigned by the Employer within its discretion.

In the event there are no bidders for any posted shift. The Employer may fill such hours by assigning Employees or from any other source.

Section 7: Sergeant Positions

Selection of Employees for, or demotion of Employees from, the position of Sergeant shall be at the discretion of the Employer and such action shall not be held to constitute a violation of this Agreement.

Section 9: Reduction in Force

Reductions in force shall be conducted pursuant to the criteria set forth in Section 1.

Recalls to available positions shall be in accordance with the criteria set forth in

Section 1. A full-time Employee may decline recall to a part-time shift and remain on the recall list. A laid off Employee who is hired at or is transferred to another

Employer location during such layoff shall lose all rights to recall. Seniority shall not accrue during a layoff except for a layoff due to an Employee's efforts at requalification pursuant to Article XVIII.

A laid off Employee who is recalled shall be given a notice of recall up to six (6) months after the date of layoff. A recall notice is deemed sufficient if communicated directly to the Employee or if mailed or otherwise delivered with accompanying proof thereof to the last address of the Employee on the Employer's records, with a copy to the Union.

An Employee who fails to respond to a recall notice or return to work within two (2)

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days or as scheduled shall be deemed to have voluntarily quit even if the notice is returned as undeliverable. An Employee who has voluntarily quit or who has otherwise been discharged from employment shall have no right to recall.

Section 10: Shift and Post Reassignments

The Employer has the right to rotate Employees among posts or reassign posts as its operational needs dictate. In the event the Employer determines it is necessary to rotate or reassign Employees among posts, every reasonable effort shall be made to assign Employees during the same shift in which they worked. The Employer will make every reasonable effort consistent with the Employer's business needs to assign employees in such a manner as will not disrupt established child care arrangements as well as family and other work obligations.

ARTICLE XVIII: TRAINING AND QUALIFICATION

Section 1: General

It is the mutual responsibility of the Employee and the Employer to track the expiration of any certifications/qualifications required per the Employer's government contract and keep each other informed of such in order to schedule required training and/or insure completion of necessary paperwork in a timely manner. The Employer will endeavor to inform the Employee that credentials are due to expire at least 60 days in advance. Within 30 days of expiration on any certifications / qualifications, if the Employee has not yet completed or has not yet been scheduled for recertification training, it is the Employee's responsibility to advise the Employer of the need to be scheduled for training.

Section 2: Trainers

All training and associated qualifications/certifications will be conducted by the

Employer or its designee. If the Employee goes to an outside training provider it must be authorized by the Employer and the Employee will bear the responsibility of all training costs. Any Employee scheduled for training who fails to attend, will be subject to disciplinary action unless such failure to report is the result of a documented emergency circumstance.

Section 3: Payment

Except as otherwise provided/directed in this Agreement Employees attending training, presented by or coordinated at the direction of the Employer, will be paid their normal base hourly rate of pay for all hours spent in said training.

Section 4: Weapons Training

The Employer shall afford Employees the opportunity to have at least two visits to qualify. If an Employee is unable to successfully pass the weapons safety test and/or qualify with his/her contract specific weapon prior to his/her certification expiration

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date, the Employee shall be suspended without pay. Such Employee shall be reinstated after qualifying providing such qualification takes place within thirty (30) days of his/her certification expiration date. However, an Employee failing to successfully qualify or report for scheduled training within fifteen (15) days shall be subject to discharge from employment. An Employee suspended who fails their Ill qualification pursuant to this provision shall not accrue seniority or fringe benefits and shall lose his/her assigned schedule.

Employees shall have three attempts to re-qualify, including initial and two subsequent remedial attempts. Failure to qualify after the third attempt will result in the employee being terminated; the third attempt shall not be compensated and the employee shall bear the cost of the third attempt.

All weapons training must be provided through Employer instructors or its designee.

Employees attending weapons qualification/re-qualification sessions scheduled and authorized by the Employer will receive a minimum of two (2) hours, not to exceed a maximum of eight (8) hours pay, at their normal base hourly rate of pay.

Section 5: Medical certification or re-certification

Government mandated Medical certifications or re-certifications, to include the semi-annual Physical Fitness Readiness Test (PFRT), shall be conducted at a facility chosen by the Employer and shall be paid for by the Employer; in which Employees will be paid their regular hourly wage to attend mandatory required training per contract standards.

ARTICLE XIX: UNIFORMS

The Employer shall provide at no cost to all new Employees those items listed in the service contract covering any required uniforms or equipment.