7th Circuit CBA (Local 117)(UGSOA)(2021-24)(APSI)-Executed 20210907.pdf

Collective Bargaining Agreement

Between

Ahtna Professional Services, Inc.

And

United Government Security Officers of America, International

Union

And

United Government Security Officers of America Local 117, USMS 7th Circuit, Peoria, Illinois

October 1, 2021 through September 30, 2024

TABLE OF CONTENTS

PREAMBLE

Mission Statement, Court Security Officer

CSO Goal & Vision Goal

Vision

ARTICLE 1: GENERAL PROVISION’S

Section 1.1 Bargaining Unit

Section 1.2 Negotiating Committee

Section 1.3 Steward System

Section 1.4 Managers & Salaried Personnel

Section 1.5 Union Security

Section 1.6 Dues Checkoff

Section 1.7 Intent of Parties

Section 1.8 Anti-Discrimination

ARTICLE 2: UNION SENIORITY

Section 2.1 Union Security Defined

Section 2.2 Seniority Lists

Section 2.3 Personal Data

Section 2.4 Transfer out of Unit

Section 2.5 Probationary Employees

Section 2.6 Termination of Seniority

ARTICLE 3: JOB OPPORTUNITIES

Section 3.1 Filling Vacancies

Section 3.2 Shared-Position Employees

Section 3.3 Layoff and Recall

Section 3.4 Temporary Assignments

Section 3.5 Appointment of Lead CSOs

ARTICLE 4: MANAGEMENT’S RETAINED RIGHTS

Section 4.1 Management Rights Defined

Section 4.2 Break Periods & Phone Calls

Section 4.3 Physical Examinations

Section 4.4 Performance Evaluations

Section 4.5 No Waiver

Section 4.6 Retained Rights

Section 4.7 Miscellaneous

ARTICLE 5: GRIEVANCE PROCEDURE

Section 5.1 Intent

Section 5.2 General Provisions

Section 5.3 Grievance Procedure

Section 5.4 Arbitration Procedure

Section 5.5 Group Grievance

Section 5.6 Individual Grievances

ARTICLE 6: DISCIPLINE

Section 6.1 Just Cause

Section 6.2 Client Supremacy

Section 6.3 Performance Standards

Section 6.4 Disciplinary Measures

Section 6.5 Union Notification

ARTICLE 7: HOURS OF WORK & OVERTIME

Section 7.1 Workday & Workweek

Section 7.2 Overtime

Section 7.3 Overtime Requirement

Section 7.4 Overtime Distribution

Section 7.5 Rest Periods

ARTICLE 8: WORK SHIFTS AND PAYMENT POLICIES

Section 8.1 Call-in Pay

Section 8.2 Shift Bidding, Hours of Work, & Seniority

Section 8.3 Wage Schedule

Section 8.4 Payday

Section 8.5 Undisputed Error

Section 8.6 Lead CSO Rates

Section 8.7 Government Building Closures

ARTICLE 9: HOLIDAYS

Section 9.1 Holidays Defined

Section 9.2 Miscellaneous Holiday Provisions

ARTICLE 10: VACATIONS

Section 10.1 Eligible Full-time Employees

Section 10.2 Eligible Shared-Position Employees

Section 10.3 Scheduling Vacations

Section 10.4 Pay Options

Section 10.5 Unused Vacation

Section 10.6 Terminating Employees

Section 10.7 Vacation (Laid-off Employees)

Section 10.8 Vacation Increments

ARTICLE 11: LEAVES OF ABSENCE

Section 11.1 Limitations

Section 11.2 Medical Leave

Section 11.3 Military Leave

Section 11.4 Union Leave

Section 11.5 Personal/Sick Leave

Section 11.6 Processing Unpaid Leaves of Absence

Section 11.7 General Provisions

Section 11.8 Jury Duty

Section 11.9 Bereavement Leave

ARTICLE 12: HEALTH & WELFARE and UNIFORM ALLOWANCES

Section 12.1 Payments

Section 12.2 Other Benefits

Section 12.3 Uniform Maintenance

ARTICLE 13: MISCELLANEOUS PROVISIONS

Section 13.1 Bulletin Boards

Section 13.2 Physical Examinations

Section 13.3 Travel Expenses

Section 13.4 Break Rooms

Section 13.5 Lockers

Section 13.6 Union Meetings

ARTICLE 14: SAFETY

Section 14.1 Safety Policy

Section 14.2 OSHA Standards

ARTICLE 15: CONTINUITY OF OPERATIONS

Section 15.1 No Strikes

Section 15.2 Lockouts

ARTICLE 16: SEPARABILITY OF CONTRACT

ARTICLE 17: ENTIRE AGREEMENT

ARTICLE 18: TERMINATION AGREEMENT

ARTICLE 19: DURATION

SIGNATURE PAGE

APPENDIX: A

Wages

Uniform Allowance

Health & Welfare

PREAMBLE

THIS AGREEMENT is made and entered into, October 1, 2021 by and between Ahtna Professional

Services, Inc., an Alaska corporation, hereinafter referred to as the “Company” and United Government

Security of America, International Union, and United Government Security Officers of America, Local

117, hereinafter referred to as the “Union” or “employee.”

Mission Statement, Court Security Officer

Ensure the safety of US Federal Courts and court employees against unauthorized, illegal, and potentially life-threatening activities in the Seventh Judicial Circuit.

Cadres of qualified and highly skilled officers perform this mission.

CSO Goal & Vision Goal

To conduct ourselves in a manner as to bring credit upon the Court Security Officer program and the

United States Marshal Service at all times.

Vision

To be alert to all situations and events that take place and take necessary measures to prevent dangerous situations from happening.

ARTICLE 1: GENERAL PROVISION’S

Section 1.1 Bargaining Unit

This Agreement is made and entered into by and between Ahtna Professional Services, Inc., an Alaska corporation, hereinafter referred to as the “Company” and United Government Security of America, International Union, and United Government Security Officers of America, Local 117, hereinafter referred to as the “Union.” The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

(a) The unit is defined as all full-time and shared position Court Security Officers (“CSO”) and Lead

Court Security Officers (“LCSO”) employed by the Company in the Seventh Circuit consisting of

UGSOA Local 117, in the city of Peoria, in the State of Illinois; excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

(b) This Agreement shall be binding upon the parties, their successors, and assigns. In the event of a sale or transfer of the business of the Company, or any part thereof, the purchaser or transferee shall be bound by this agreement.

(c) Should there be any conflict between the Company Policies and Procedures and the Collective

Bargaining Agreement, the Collective Bargaining Agreement will supersede. Should there be any conflict between the contract between the Company and the Government, and the Collective Bargaining

Agreement, the contract between the Company and the Government will supersede.

Section 1.2 Negotiating Committee

The Company agrees to recognize a Negotiating Committee composed of up to three members and one alternate selected by the Union to represent the employees in collective bargaining negotiations.

Section 1.3 Steward System

(a) The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize the maximum of one Steward and one alternate Steward for each shift. Within ten business days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union’s designated stewards. Changes to these assignments shall be provided by the

Union to the Company, in writing, within two business days of such change becoming effective.

(b) The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities:

(1) Representation of employees in disciplinary interviews consistent with this Agreement and as permitted under the National Labor Relations Act.

(2) The investigation and presentation of grievances in accordance with this Agreement.

(3) The transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing.

(4) The right to bring a grievance to the Company’s attention at the time of the occurrence in accordance with the terms of this Agreement.

Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager.

Stewards or other employees, who conduct Union business on working time, may be subject to discipline for dereliction of duty, provided that it is expressly agreed and understood between the parties that the

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

(c) Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of

Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Company.

(d) The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees’ employment with the Company, are subject to certain priorities, rules, procedures, and restrictions of the United States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures, and restrictions. The Union further agrees that any actions taken by the Company pursuant to a requirement of the USMS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that USMS or other agency of the United States requires the

Company to take immediately may be taken without prior notice to or discussion with the Union.

However, whenever such action affects a term or condition or employment, the Company agrees to notify and discuss with the Union the effects of that action.

Section 1.4 Managers & Salaried Personnel

Managerial and salaried employees shall not perform the duties of the employees in the bargaining unit, except in an emergency.

Section 1.5 Union Security

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 retaining membership in the Union and as a condition of continued employment.

An employee who is not a member of this Union at the time that this Agreement becomes effective shall, within 10 days after the 30th day following the effective date of this Agreement or date of hire as a condition of continued employment, either:

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

(b) Pay the Union a service fee or certify as a Beck Objector pursuant to Communications Workers

v. Beck 487-U.S. 735 (1988). 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.

Employees who are members of, and adhere to the established and traditional tenets of a bona-fide religion, body, or sect, which has historically held conscientious objections to joining or financially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the agency fee required above, to a tax-exempt organization (under Section 501(c) (3) of the

IRS Code). The Union shall have the right to charge any employee exercising this option, the reasonable cost of using the arbitration procedure of this Agreement on the employee’s individual behalf. Further, any employee who exercises this option shall twice a year submit to the Union proof that the charitable contributions have been made.

Before any termination of employment pursuant to this section becomes effective, the employee involved shall first be given notice in writing by the Union to pay the prescribed initiation fee and/or delinquent dues. If the employee fails to pay the initiation fee and/or delinquent dues, and if such fee and/or dues are tendered within 14 days after the employee receives this notification from the Company, his/her dismissal under here shall not be required. If termination is administered under this provision, the reasons will be given in writing. Termination will not occur if there is an ongoing dispute between the effected employee and the Union.

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

All employees regularly employed at any federal enclave who are not members of the Union shall pay the Union a service fee. If there is a legal challenge to any provision of this Article, the Company may suspend its obligations under this Article for the duration of the dispute after conferring on the matter with the Union.

The Union, including its International, agrees to save and hold the Company harmless from any and all claims, actions, suits, damages, or costs, including any attorney’s fees incurred by the Company, 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 1.6 Dues Checkoff

(a) The Company agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the employee on a form provided by the Union. The Employee may revoke such authorization after a period of one year, given that any such revocation shall be submitted to the Company via a signed written notice no later than 15 days following the annual renewal of such authorization or within 15 days following the expiration of this agreement. 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.

(b) The Company will remit all such deductions to the Union designee by the 7th day of the month following the month in which the deduction(s) were made. The Union agrees to furnish the Company with the current routing number for direct deposit. The Company shall furnish the Union designee 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 assume 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 1.7 Intent of Parties

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Union and the Company will put forth their best efforts to cause the

Bargaining Unit employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company, and that neither their representatives nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union.

Section 1.8 Anti-Discrimination

Neither the Company nor the Union will discriminate against any employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, disability, or other protected reason. The

Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

ARTICLE 2: UNION SENIORITY

Section 2.1 Union Security Defined

(a) Union seniority shall be the length of continuous service, within the Local, from the employee’s first day worked as a CSO or LCSO for the Company, past or present and/or any predecessor Company.

Union seniority shall not accrue until the employee has successfully completed the probationary period. Union seniority shall be applicable in determining the order of layoff and recall, shift bidding, vacation schedules, extra work, transfers within the Local, and other matters as provided for in this

Agreement.

(b) For the purposes of shift bidding, vacation schedules, and extra work, union seniority shall be defined as seniority within the work site.

(c) Any employee permanently transferred out of the designated Local Bargaining Unit for any reason shall lose their Union seniority as it applies to the order of layoff and recall, shift bidding, vacation schedules, extra work, and other matters as provided for in this Agreement.

Section 2.2 Seniority Lists

The Company shall provide an employee list (last date of hire as a CSO), to the Local Union each year on October 1. The Union will respond, within 30 days, with a “Union Seniority” list to the Company.

This list shall be posted on all Union bulletin boards. Any challenges to this list will need to be submitted in writing with supporting documentation if available.

Section 2.3 Personal Data

Employees shall notify the Company in writing, on the company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number.

The Company shall be entitled to rely upon the last known address in the Company's official records.

Section 2.4 Transfer out of Unit

Any Bargaining Unit employee who is promoted to a non-bargaining unit position for more than twelve consecutive months shall lose their Union seniority. If they return to the bargaining unit at a later date, their seniority will start on that return date.

Section 2.5 Probationary Employees

Probationary employees will be considered probationary for a 90 calendar day period after their hire date as a CSO. The Union will still represent probationary employees for problems concerning wages, hours and working conditions, but the Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of probationary employees without recourse to the grievance procedure contained in this Agreement.

Probationary employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The probationary period can be extended by mutual agreement between the Company and the Union.

Section 2.6 Termination of Seniority

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

(a) The employee quits or retires.

(b) The employee is discharged.

(c) A settlement with the employee has been made for total disability or for any other reason if the settlement waives further employment rights with the Company.

(d) The employee is laid off for a continuous period of 180 calendar days, or after two years of continues service if the employee is laid off for a continuous period of 365 days.

(e) The U.S. Government revokes the employee's credentials as a CSO.

(f) The employee is permanently transferred out of the bargaining unit.

(g) If a CSO is terminated due to the physical exam and is later reinstated, he/she shall retain their original seniority.

ARTICLE 3: JOB OPPORTUNITIES

Section 3.1 Filling Vacancies

If a vacancy occurs in a regular position covered by this Agreement or a new position is added, the job will be posted for a period of three working days (excluding Saturdays, Sundays and holidays) within the Local. All shared position employees who have notified the Site Supervisor, in writing of their intent to apply for a full-time position and who are not scheduled to work during that three day period at the site where an opening occurs, and any employees on vacation or on other approved leave will be notified by the Company. When a vacancy occurs, the Company will fill the position with the most senior employee who has applied for the position in writing, who will be trained (if required) to fill any necessary special qualifications for the new position. No more than two shifts will be filled under this procedure because of that vacancy.

Section 3.2 Shared-Position Employees

The Company is obligated under its contract with the USMS, to fill a designated number of shared-positions in order to provide full staffing level coverage, increase security levels as needed, and avoid unnecessary overtime. A shared-position employee may be scheduled to work more than a part time schedule, as necessary, at the Company's discretion. The Company will give the shared-position employee the maximum possible notice for weekly work schedule changes.

Section 3.3 Layoff and Recall

In the event of layoff or recall, when full-time or shared positions are being reduced, probationary employees will be laid off first. Should it be necessary to further reduce the work force, the company may solicit volunteers, then employees with the least amount of seniority regardless of status, which could result in a change of status if a senior member is a share timer and this provision forces the layoff of a full time member. Recall of employees will be accomplished by recalling the most senior member affected by the layoff, with the option to defer while other members are still affected by the layoff, if the senior member defers, the company will offer the recall to the next senior member affected and so on until all members are recalled.

Section 3.4 Temporary Assignments

In the interest of maintaining continuous operations, the Company may temporarily assign an employee to a vacant or new position until the job is filled in accordance with Articles 2 and 3, or assign an employee to a position that is part of a temporary security assignment directed by the USMS, including temporarily assigning an employee to a work site within or outside of the area defined by this Agreement. To the extent feasible, the assignment shall be a voluntary selection based on seniority and qualification. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to employees regularly assigned to the site to which they are being transferred, or their regular hourly wage they receive at their regular site under this agreement, whichever is greater.

Section 3.5 Appointment of Lead CSOs

The U.S. Government in its contract with the Company creates specific guidelines for the job duties and qualifications of Lead CSOs. Based on these guidelines, all appointments of Lead CSOs will be made based on suitability as evaluated by the Company. Suitability shall include an employee’s skills, experience, past performance, capabilities, and the needs of the operation. If, in the Company’s determination, employees are equally qualified, seniority will prevail. Lead CSOs will not perform supervisory duties, as described by the National Labor Relations Act.

ARTICLE 4: MANAGEMENT’S RETAINED RIGHTS

Section 4.1 Management Rights Defined

The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company. The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this

Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations.

The rights of management shall include the rights to:

(a) Hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause.

(b) Determine, establish, and implement terms and conditions of employment.

(c) Determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise.

(d) Determine and select the uniform and equipment to be used in the Company’s operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations.

(e) Determine the number of hours per day or week that operations shall be carried on.

(f) Establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof;

(g) Determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline.

(h) Take any other measures that are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 4.2 Break Periods & Phone Calls

The Company shall have the right at any time to establish, administrate, or alter the practices or customs of break periods, and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary.

Section 4.3 Physical Examinations

The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee’s physical and mental ability to perform their job assignment efficiently and safely. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. This section shall be interpreted in accordance with applicable federal and state law.

Section 4.4 Performance Evaluations

The Company shall have the right to evaluate the work performance of the employees by this

Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them. The Company shall have the right to transfer and/or reassign employees, regardless of seniority, in lieu of or in addition to disciplinary action for documented performance issues.

Section 4.5 No Waiver

The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the

Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this

Section 4.6 Retained Rights

The above rights of management are not inclusive of all manners or rights that belong to management.

Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those, which violate express provisions of this Agreement.

Section 4.7 Miscellaneous

The Company 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.

ARTICLE 5: GRIEVANCE PROCEDURE

Section 5.1 Intent

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 Union employee.

Section 5.2 General Provisions

(a) The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term “days” shall not include Saturdays, Sundays or holidays when used in this Article.

(b) Should the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits, excluding events beyond the party’s control shall pay the full cost of the Arbitrator and the meeting room.

Section 5.3 Grievance Procedure

All grievances shall be presented and processed in accordance with the following procedures:

(a) Informal Step: The parties shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Union agree that the employee will first discuss the complaint with their District Supervisor, within ten working days of the incident being grieved, to start the informal procedure. If the informal procedure is not invoked within eight working days of employee’s knowledge of a grievable issue, then it is agreed by both parties that no further action can be taken. If during the course of this discussion either the employee or the District

Supervisor deems it desirable, a steward or other Union representative will be called in.

(b) Step One: If the matter is not resolved informally, the Union shall, not later than ten days after the informal discussion with the District Supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved employee and the union representative and shall be submitted to the Contract Manager. The Contract Manager or designee shall have ten days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved employee and the union representative.

(c) Step Two: If the grievance is not settled in Step One, the grievance may be appealed in writing to the Company’s Labor Relations Director or designee not later than ten days from the denial by the Contract Manager or designee. The Labor Relations Director or designee will have ten days from the date the grievance was presented to return a decision, in writing, with a copy to the aggrieved employee and the union representative.

Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. The written grievance shall be presented to the Contract Manager through the Site

Supervisor or designee within 18 days after the occurrence of the facts giving rise to the grievance.

Section 5.4 Arbitration Procedure

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Union, giving the Company’s Director Labor Relations written notice of its desire to proceed to arbitration not later than 15 days after rejection of the grievance in

Step Two. Grievances appealed to arbi t rat ion shall be processed in accordance with the following procedures and limitations:

(a) Selection of an Arbitrator: Within 15 days of receipt of the Union's written notice to proceed with arbitration, the Company and the Union will meet telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within 15 days, the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Services (FMCS) to supply a list of arbitrators. An arbitrator will be selected from the list supplied by the FMCS by patties alternately striking from the list until one name remains, and this individual shall be the arbitrator to hear the grievance.

(b) Decision of the Arbitrator: The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the patties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. If the decision of the Arbitrator is not complied with within 15 days of the decision the losing side shall be liable for attorney and court costs to enforce compliance including through the courts, absent an order from the U.S. Marshals Service or unless the Company files a written request for clarification, then the Company will comply within 15 days of receiving the clarification.

(c) Arbitration Expense: The arbitrator’s fees and expenses, including the cost of a hearing room, shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

(d) Time Limits: The decision of the arbitrator shall be rendered as soon as possible after the dispute has been heard in arbitration.

Section 5.5 Group Grievance

The Union shall have the right to file a group grievance or grievances involving more than one employee at the Informal Step of the grievance procedure.

Section 5.6 Individual Grievances

No individual may move a grievance to arbitration.

ARTICLE 6: DISCIPLINE

Section 6.1 Just Cause

After completion of the probationary period, as specified in Section 2.5, no employee shall be dismissed or suspended without just cause. Just cause shall include, but not be limited to, any action or order of removal of an employee from working under the contract by the U.S. Government, or the revocation of required CSO credentials by the USMS.

Section 6.2 Client Supremacy

Any temporary or permanent removal of an employee by determination of the Government shall not be subject to the grievance or arbitration procedures. Upon written request, the Company will provide the

Union, in a timely manner, with all information concerning the removal that they may legally release and will provide the Union with any relevant information concerning the proper Government point of contact and their contact data. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties, but no such relief is available by the Union under the Agreement against the Company through the grievance and arbitration procedure or otherwise.

Section 6.3 Performance Standards

The Company will provide any performance standards for the CSOs, and all CSOs are required to comply with these standards. These performance standards, include but are not limited to the Deadly

Force Standards and the US Title 18 Domestic Abuse and Violence policy and USMS standards, will be issued to each employee and must be signed, acknowledging receipt, by the employee and may be updated by the Company each year. All CSOs will comply with such directives and standards.

The Company’s contract with the USMS establishes performance standards for the CSOs in the Contract between the Company and the USMS, and all employees are required to comply with these Company provided standards. These performance standards include but are not limited to, the USMS Deadly Force

Standards and the US Title 18 Domestic Abuse and Violence policy, which will be issued to each employee and must be signed, acknowledging receipt, by the employee and may be updated by the

Company each year. Employees agree to comply with any express non-disciplinary directive issued by the USMS. Employees agree to cooperate with any Company investigation of a violation of the performance standards.

Section 6.4 Disciplinary Measures

The Company may discipline employees when necessary and discharge those who fail to uphold U.S.

Government or Company standards as described in this Article. It is recognized by parties to this

Agreement that progressive discipline generally shall be applied in dealing with employees. However, it is also recognized that offenses may occur for which progress discipline is not applicable. Disciplinary measures vary depending on the seriousness of the matter and the past record of the employee. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving the

USMS rights under Section H-3 of the USMS Contract as referenced in Sections 6.1 and this Article. The employee may request, in writing, to the Site Supervisor, that any disciplinary action not resulting in suspension may be considered for removal from the employee’s file after two months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

Section 6.5 Union Notification

The Company agrees to notify the Union when an employee is under investigation by either the USMS or the Company, within 24 hours of the beginning of the investigation or as soon as they become aware of the investigation. All investigation must be completed within 30 working days. The Company shall provide the Union with the results of the investigation as soon as it is complete.

ARTICLE 7: HOURS OF WORK & OVERTIME

Section 7.1 Workday & Workweek For the purposes of this Article, a regular workweek of 40 hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time employees. Shifts shall be scheduled at the discretion of the Company to fulfill the needs of the U.S. Government. Nothing contained herein shall guarantee to any employee any number of hours of work per day or week.

Section 7.2 Overtime

An overtime rate of time and one-half of an employee’s base rate of pay (exclusive of health and welfare and other fringe additions to pay shall be paid for all hours worked in excess of 40 hours in a work week.

Section 7.3 Overtime Requirement

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the employee shall be required to do the work, unless the employee is excused by the Company for good cause.

Section 7.4 Overtime Distribution

Overtime will be offered by Seniority (within the worksite) on a rotating basis. Overtime will be distributed as equitably and as practicable among employees.

Section 7.5 Rest Periods

There shall be two-15 minute paid rest periods and one-30 minute unpaid lunch period for each eight-hour shift. These rest periods require that the employee be properly relieved before leaving their post.

One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. On occasion, due to exceptional work requirements, employees may have to work through their unpaid lunch breaks and/or paid rest periods, and, if so, they will be compensated at the appropriate rate of pay. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement.

ARTICLE 8: WORK SHIFTS AND PAYMENT POLICIES

Section 8.1 Call-in Pay

An employee called in to work will be guaranteed a minimum of four hours of work, or if four hours of work is not available, will be paid for a minimum of four hours. Call in is defined as anytime an employee is required to report to duty for any business-related function.

Section 8.2 Shift Bidding, Hours of Work, & Seniority

At the request of the Local, no more than once each year, full-time employees and shared position employees at each location, shall bid their shift schedules among designated full-time assignments or shared assignments in the order of seniority. Shift bidding may not lead to any change in status from full-time to shared-time position or vice versa.

Section 8.3 Wage Schedule

The base rate of pay for Court Security Officers and Lead CSOs in all locations are described in

Appendix A of this Agreement.

Section 8.4 Payday

Payday for all hourly employees will be by the close of normal business on the Friday in the week following the two-week pay period ending on Thursday, subject to change by mutual agreement.

Employees will be paid by direct deposit, except where precluded by applicable law.

Section 8.5 Undisputed Error

In case of an undisputed error on the part of the company as to an employee’s rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the

Company's attention. Any error, involving eight hours of pay or more, will be corrected and paid within three working days.

Section 8.6 Lead CSO Rates

Current and additional Lead CSOs added to the contract, will be paid the LCSO wage. In the case where there are multiple LCSO wages, the additional LCSO will be paid at the lowest LCSO wage for the site or location where they are assigned.

Section 8.7 Government Building Closures

The Company recognizes the fact that there are times when inclement weather, a natural disaster or any other planned or unplanned event may close a Court House or Government Building where employees are assigned. In the event that a closing occurs, employees will be excused and may use

Leave without Pay (LWOP), personal leave, vacation days, or floating holiday.

ARTICLE 9: HOLIDAYS

Section 9.1 Holidays Defined

Whenever the term “holiday” is used, it shall mean:

New Year’s Day Columbus Day

President’s Day Labor Day

Dr. Martin Luther King Jr’s Birthday Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth National Independence Day Christmas Day

Independence Day

Section 9.2 Miscellaneous Holiday Provisions

(a) A full-time position employee who is not required to work on a holiday shall be paid eight hours straight time, exclusive of any shift premium for that holiday.

(b) Any full-time position employee who works as scheduled on a holiday shall receive the employee’s appropriate rate of pay for all hours worked, and in addition, shall receive eight hours holiday pay at the straight time rate as described.

(c) A shared or part-time position employee who does not work on a holiday shall be paid four hours straight time, exclusive of any shift premium for that holiday.

(d) Any shared or part-time position employee who works as scheduled on a holiday shall receive the employee’s appropriate rate of pay for all hours worked, and in addition shall receive four hours holiday pay at the straight time rate as described.

(e) In the event a holiday falls on a weekend, the term “holiday” will refer to the day that the

U.S. Government designates as the holiday.

ARTICLE 10: VACATIONS

Section 10.1 Eligible Full-time Employees

Full-time employees shall be entitled to annual vacation based on their continuous years of service

(based on the employee’s anniversary date of employment as a CSO/LCSO) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

Completed Years of Service Earned Hours of Vacation

Upon completion of 1 year of service 80 hours

Upon completion of 5 years of service 120 hours

Upon completion of 10 years of service 160 hours

Upon completion of 15 years of service 200 hours

Section 10.2 Eligible Shared-Position Employees

Eligible shared or part-time position employees shall be entitled to pro-rated vacation per the schedule contained in Section 10.1, based on their individual hourly rate, the number of hours paid in the previous year, and the employee’s anniversary date. A minimum of one-half the full-time benefit for employees who have been paid for at least 1040 hours in the previous year.

Any employee who works a full anniversary year, in part as a full-time position employee and in part as a shared position employee, shall receive prorated vacation benefits for that year as calculated in

Section 10.2, part A (per the Service Contract Act).

Section 10.3 Scheduling Vacations

Vacations, insofar as reasonably possible, shall be granted at the times most desired by the employee, after the employee's anniversary date. Vacation bids shall be held once a year during the month of

January. Requests made after January will then be on a first come first served basis.

During the month of January when vacation weeks are bid, vacation will be bid in increments of no more than two-week increments for initial consideration. Each increment that is bid during the bidding will be done so that each person will get their most desirable request off as their first bid, and their second most desirable weeks off in the second bid, and so forth.

Section 10.4 Pay Options

Earned vacation pay may be requested at any time and will be paid in accordance with this agreement in the next pay cycle.

Section 10.5 Unused Vacation

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on employee’s anniversary date of employment) shall be paid to the employee.

Section 10.6 Terminating Employees

Upon termination of employment, employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act. (Example:

An employee who terminates one month into the next anniversary year is entitled to any of the previous year’s earned accrued vacation not already used, and not to the additional month accrued in the new anniversary period).

Section 10.7 Vacation (Laid-off Employees)

Length of service with the Company shall accrue for the purposes of vacation benefits while an employee is on laid-off status for up to one year. Employees will only vest vacation benefits upon returning to work.

Section 10.8 Vacation Increments

Consistent with Employer approval, efficiency, and economy of operations, Employees may utilize their vacation leave benefit in increments no smaller than two hours, subject to written approval. In the event that a CSO is required to replace a CSO utilizing such leave, increments of no less than four hours may be requested and/or approved.

ARTICLE 11: LEAVES OF ABSENCE

Section 11.1 Limitations

Personal leaves of absence for non-medical emergencies may be granted at the sole discretion of the

Company without loss of seniority to the employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Company. The Company will make every reasonable effort to maintain an employee’s position while on a non-statutory unpaid leave of absence. It is acknowledged by the Union that under USMS CSO contract, the Company is not permitted to hire additional (reserve) or temporary employees to provide work coverage during employee absences.

Unpaid leaves of absence may be taken only with written approval of the Company, or in a case of verified personal emergency.

Any employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay.

Note: “unpaid status” does not include regular scheduled days off, vacation or personal leave.

Section 11.2 Medical Leave

(a) The Company agrees to make a reasonable effort to accommodate an employee’s need for extended medical leave, even if the site does not qualify for FMLA under the provisions of the law.

Such leaves will not exceed 30 days, unless required by law, but may be extended by mutual agreement.

Such leave shall not exceed 84 days.

(b) During a medical leave, an employee shall be required to furnish a report from the doctor when requested periodically by the Company. Upon the expiration of said leave, the employee shall furnish the Company with a statement, signed by the doctor, which establishes the fitness of the employee to return to the employees previously held work. Any employee who is not able to return to work with a medical clearance from a licensed provider at the end of an approved medical leave shall be terminated from employment.

(c) If an employee files for medical leave on false pretext or works for another company without pre-authorization from the Company, the employee will be removed from the CSO program and from employment with Company.

(d) Return to work physical/medical examinations and additional testing that is required to return to work for any leave of absence is not paid for by the Company.

Section 11.3 Military Leave

An employee of the Company who is activated or drafted into any branch of the armed forces of the

United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave.

Section 11.4 Union Leave

The Union President and one delegate will be granted an unpaid leave of absence for a maximum of seven days upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staffing requirements permit. Unless otherwise approved by the

Employer, employee shall submit in writing, a request for union leave, 10 business days prior to the date the union leave is to take effect. The Company shall respond, in writing, within five business days to the employee’s written request.

Section 11.5 Personal/Sick Leave

Start Date Rate of Personal/Sick Leave Eligible to Use

Date employee begins working on the contract, based on October 1 contract start date.

Full-time Shared-position

October 1 - 31 80 hours 40 hours

November 1 - 30 73.34 hours 36.67 hours

December 1 - 31 66.67 hours 33.34 hours

January 1 - 31 60.00 hours 30.00 hours

February 1 - 29 53.34 hours 26.67 hours

March 1 - 31 46.67 hours 23.34 hours

April 1 - 30 40.00 hours 20.00 hours

May 1 - 31 33.34 hours 16.67 hours

June 1 - 30 26.67 hours 13.34 hours

July 1 - 31 20.00 hours 10.00 hours

August 1 - 31 13.34 hours 6.67 hours

September 1 - 30 6.67 hours 3.34 hours

(a) Each full-time employee shall be eligible to use a maximum of 10 days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after the inception of the contract year will be eligible to use a prorated amount of personal leave, based on the above Personal/Sick Leave Table.

(b) Personal leave may be taken in not less than two-hour increments and shall be paid when taken by the employee as approved in advance by the Site Supervisor or District Supervisor.

(c) Shared or part-time position employees will receive one-half the full time personal leave per full…