7th Circuit IL UGSOA Local 079 - Walden Security CBA (FULLY RATIFIED).pdf

UGSOA IU, UGSOA Local 079 with Walden Security, Upon Ratification through September 30, 2023 36820454.1

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA,

INTERNATIONAL UNION

AND

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA LOCAL 079

AND

WALDEN SECURITY

Upon Ratification through September 30, 2023

UGSOA IU, UGSOA Local 079 with Walden Security, Upon Ratification through September 30, 2023

TABLE OF CONTENTS

ARTICLE 1 – GENERAL PROVISIONS

SECTION 1.1 BARGAINING UNIT

SECTION 1.2 DEFINITIONS/CLASSIFICATION

SECTION 1.3 STEWARD SYSTEM

SECTION 1.4 MANAGERS AND SALARIED PERSONNEL

SECTION 1.5 DUES CHECKOFF

SECTION 1.6 INTENT OF PARTIES

SECTION 1.7 ANTI-DISCRIMINATION

ARTICLE 2 – SENIORITY

SECTION 2.1 SENIORITY DEFINED

SECTION 2.2 BARGAINING UNIT EMPLOYEE LISTS

SECTION 2.3 PERSONAL DATA

SECTION 2.4 PROBATIONARY EMPLOYEES

SECTION 2.5 TERMINATION OF SENIORITY

ARTICLE 3 – JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

SECTION 3.2 LAYOFF, REDUCED HOURS OF WORK, AND RECALL

SECTION 3.3 TEMPORARY ASSIGNMENTS

SECTION 3.4 APPOINTMENT OF LEAD CSOs

SECTION 3.5 SHIFT BIDDING

ARTICLE 4 – MANAGEMENT’S RETAINED RIGHTS

SECTION 4.1 ENUMERATED RIGHTS

SECTION 4.2 RETAINED RIGHTS

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 CLASS ACTION

SECTION 5.6 INDIVIDUAL GRIEVANCES

ARTICLE 6 – DISCIPLINE

UGSOA IU, UGSOA Local 079 with Walden Security, Upon Ratification 2020 through September 30, 2023

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SECTION 6.1 JUST CAUSE

SECTION 6.2 GOVERNMENT REMOVAL

SECTION 6.3 PERFORMANCE STANDARDS

SECTION 6.4 PROGRESSIVE DISCIPLINE

ARTICLE 7 – HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY AND WORKWEEK

SECTION 7.2 OVERTIME

SECTION 7.3 OVERTIME REQUIREMENT

SECTION 7.4 OVERTIME DISTRIBUTION

SECTION 7.5 REST/MEAL PERIODS

SECTION 7.6 CALL IN PAY

SECTION 7.7 COURTHOUSE CLOSURE

ARTICLE 8 – WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 WAGE SCHEDULE

SECTION 8.2 PAYDAY

SECTION 8.3 UNDISPUTED ERROR

SECTION 8.4 LEAD CSO RATES

SECTION 8.5 DIFFERENTIAL

ARTICLE 9 - HOLIDAY

SECTION 9.1 HOLIDAYS DEFINED

SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS

SECTION 9.3 HOLIDAY PAY CALCULATIONS

ARTICLE 10 – VACATIONS

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES

SECTION 10.2 ELIGIBLE SHARED-TIME EMPLOYEES

SECTION 10.3 SCHEDULING VACATIONS

SECTION 10.4 UNUSED VACATION

SECTION 10.5 PAY IN LIEU OF VACATION LEAVE

SECTION 10.6 TERMINATING EMPLOYEES

SECTION 10.7 VACATION INCREMENTS

ARTICLE 11 – LEAVES OF ABSENCE

SECTION 11.1 LIMITATIONS

SECTION 11.2 FAMILY MEDICAL LEAVE ACT (FMLA)

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SECTION 11.3 MEDICAL LEAVE OF ABSENCE

SECTION 11.4 MILITARY LEAVE

SECTION 11.5 UNION LEAVE

SECTION 11.6 PERSONAL/SICK LEAVE

SECTION 11.7 PROCESSING UNPAID LEAVES OF ABSENCE

SECTION 11.8 GENERAL PROVISIONS

SECTION 11.9 JURY DUTY

SECTION 11.10 BEREAVEMENT LEAVE

SECTION 11.11 ABSENTEEISM FROM DUTY

ARTICLE 12 – BENEFITS

SECTION 12.1 HEALTH AND WELFARE

SECTION 12.2 DEFERMENT

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 – RESOLUTION OF DISPUTES

ARTICLE 19 – DURATION

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PREAMBLE

THIS AGREEMENT is made and entered into by and between WALDEN SECURITY, a

Tennessee corporation, hereinafter referred to as the "Company," United Government Security

Officers of America, International Union (UGSOA, IU) and UGSOA Local 079 (jointly hereinafter referred to as the "Union")

This agreement shall be binding upon both 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.

ARTICLE 1 – GENERAL PROVISIONS

SECTION 1.1 BARGAINING UNIT

The unit is defined as all full-time and shared-time position Court Security Officers (CSOs) and

Lead Court Security Officers (LCSOs) employed by the Company in the 7th Circuit consisting of

UGSOA Local 079, in the Northern District of the State of Illinois in the cities of Chicago and

Rockford, excluding all other employees including managers, supervisors, confidential employees, office clerical employees and professional employees as defined by the National

Labor Relations Act.

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.

SECTION 1.2 DEFINITIONS/CLASSIFICATION

a. The term “Employee” when used in this agreement shall refer to the Employees in the bargaining unit described in this Agreement.

b. A full-time Employee is defined as a single Employee filling a full-time position and shall normally be scheduled up to a 40-hour work week, excluding holidays.

c. A shared-time Employee is defined as a single Employee filling a shared-time position. CSO personnel assigned to shared-time positions are considered part-time employees as defined by the DOL and shall be entitled to prorated benefits based on DOL rules under the SCA or as defined by this agreement.

d. The Company is obligated under its contract with the United States Marshals Service

(“USMS”) to fill a designated number of shared-time 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-time position Employee the maximum possible notice for weekly work schedule changes.

SECTION 1.3 STEWARD SYSTEM

a. The Company agrees to recognize a steward system.

b. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved to attend to the business of the grievance procedure as outlined in this

Agreement.

c. Aggrieved Employees and stewards will be paid their regular rate of pay for time spent in grievance-related meetings with management only during scheduled working hours. The aggrieved Employee will not be paid for time spent investigating grievances, preparing grievance documents, or for any time spent outside of meeting with management.

SECTION 1.4 MANAGERS AND SALARIED PERSONNEL

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

“Management”, as used in this Agreement, refers to District Supervisors, Contract Managers and

Corporate representatives. Lead Court Security Officers are not considered management.

SECTION 1.5 UNION SECURITY

a. 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 employment.

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

1. Become a member of the Union and remain a member, or

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

c. 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, the Union shall notify the Company and provide proof of notice and the request for termination of delinquent employee. The Company shall notify the delinquent employee of

36837176.1 pending termination if such fees/ or dues are not tendered within ten (10) days If such fee and/or dues are tendered within ten (10) 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 and the employee terminated within five working days. Termination will not occur if there is an ongoing dispute between the effected employee and the Union.

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

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

SECTION 1.6 DUES CHECKOFF

a. The Company agrees to deduct dues as designated by the Union on a per monthly basis from the second 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 (1) year, given that any such revocation shall be submitted to the Company via a signed written notice no later than fifteen

(15) days following the annual renewal of such authorization or within fifteen (15) days following the expiration of this agreement. A copy of any such notice shall be forwarded to the designated Union Representative for this Unit. It is understood that such deductions will be made only so long as the Company may legally do so. The Union will advise the Company in writing as to the dollar amount of the Union membership dues.

b. The Company will remit all such deductions to the designated Union representative within ten (10) business days from the date that the deduction was made, via hard copy check.

The Company shall furnish the designated Union representative with a deduction list, setting forth the name and amount of dues, within ten (10) business days of each remittance. The Union agrees to hold the Company harmless from any action or actions initiated by an Employee against the Company growing out of these deductions. The Union assumes full responsibility for the disposition 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, provided such errors are unintentional and corrected when brought to the Company's attention.

c. All parties agree that the Company’s responsibility under this Article terminates upon the expiration of this collective bargaining agreement.

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly in that the provisions

36837176.1 of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Union and the Company agree to use 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 the Company, nor the

Union, their representatives, or their members will intimidate, coerce, or discriminate in any manner against any person in the Company’s 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, Veterans status, disability, sexual orientation 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 – SENIORITY

SECTION 2.1 SENIORITY DEFINED

a. “Unit seniority” shall be the length of continuous service within the bargaining unit and shall be tracked on a list maintained by the Union and may differ from the Employee’s

Contract Date of Hire (as defined herein). This list will be provided annually to the Company or upon request.

b. “Worksite seniority” shall be the length of continuous services within the worksite and shall be tracked on a list maintained by the Union and may differ from the Employees

Contract Date of Hire (as defined herein). This list will be provided annually to the Company or upon request. The Unit represented by Local 079 has the following worksites: the city(ies) of

Chicago and Rockford.

c. “Contract Date of Hire” shall be the length of continuous service for the Company, past or present and/or any predecessor Company, from the Employee’s initial date of hire (or last date of hire following a break in service) as a full or shared-time position CSO or LCSO including any period assigned to the Courts, U.S. Probation Offices and U.S. Attorney’s Offices.

d. Unit seniority shall be applicable in filling vacancies within the Local and all additional matters provided for in this Agreement unless otherwise specified.

e. Worksite seniority shall apply for the purpose of determining the order of layoff and recall, approving vacations, duty post assignments, temporary assignments, shift bidding, extra work and assigning overtime.

f. Unit and work site seniority shall not accrue until the Employee has successfully completed the probationary period at which time the Seniority date will revert to the first day worked at a defined bargaining unit Worksite.

g. Any bargaining unit Employee permanently transferred into or out of the designated collective bargaining unit shall lose his/her Unit and Worksite seniority as defined in this Section but shall retain his/her Contract Date of Hire as a CSO.

h. Should multiple Employees be hired on the same date at a worksite in the bargaining unit, the last four numbers of their Employee Identification numbers shall be used as the standard to determine “Unit” and “Worksite” Seniority with the Employee with the lowest number being most senior and so on.

i. Disputes that arise regarding the placement of individuals on these Seniority Lists shall not be subject to the Grievance and Arbitration procedure as it is the responsibility of the Union to generate and maintain such lists. Disputes relating to the use and application of such lists to under this Agreement shall be subject to the Grievance and Arbitration procedure.

SECTION 2.2 BARGAINING UNIT EMPLOYEE LISTS

The Company shall provide a bargaining unit Employee list (to include full name, mailing address, email address, telephone number and fringe benefit anniversary date) to the Local Union twice a year in January and July. This list will be maintained by the Local Secretary and/or International

Office for business purposes only.

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 and telephone number in the

Company's official records.

SECTION 2.4 PROBATIONARY EMPLOYEES

a. Probationary Employees will be considered probationary for ninety (90) calendar day period after their hire date. The Union will still represent Probationary Employees for problems concerning wages, hours and working conditions, but the Company reserves the right to decide issues relating to transfers, suspensions, discipline, layoffs, or discharge of Probationary

Employees without recourse to the grievance procedure contained in this Agreement.

b. The probationary period can be extended by mutual agreement between the Company and the Union.

SECTION 2.5 TERMINATION OF SENIORITY

The Unit or Worksite seniority of an Employee shall be terminated for any of the following reasons:

a. The Employee quits or retires;

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b. The Employee is discharged for just cause;

c. The Employee is removed by the USMS from service as a CSO/LCSO;

d. 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;

e. The Employee is laid off for a continuous period of one hundred eighty (180) calendar days;

f. The Employee is permanently transferred out of the bargaining unit; and

g. The Employee is promoted to a non-bargaining unit position for more than thirty (30) consecutive days.

ARTICLE 3 – JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

a. If a vacancy occurs in a position covered by this Agreement or a new position is added to a Worksite covered by this Agreement and the Company chooses to fill the position, the job will be posted for a period of five (5) working days (excluding Saturdays, Sundays and Holidays) at all locations within the Local, and any additional locations chosen by the Company.

b. When a vacancy is posted, the Company will fill the vacancy with the most senior bargaining unit Employee who has applied for the vacancy in writing. Any additional transfers resulting from filling the initial vacancy will be completed within this same five (5) day window, without the requirement to post any additional five (5) day notices. Once the aforementioned five

(5) day period has closed, any remaining vacancy will be filled at the Employer’s discretion.

This Article does not apply to Lead Court Security Officer vacancies.

c. Once the five (5) day period has closed, any Employee who has submitted a transfer request in writing may not revoke or withdraw that request. In addition, any Employee so transferred shall not be allowed another transfer for a period of one hundred and eighty (180) calendar days, commencing with the last day of the five (5) day period.

SECTION 3.2 LAYOFF, REDUCED HOURS OF WORK, AND RECALL

a. In the event of layoff, when full-time or shared-time positions are being reduced, Probationary Employees will be laid off first. Should it be necessary to further reduce the work force, then all reductions shall be made in reverse seniority order as defined in this Agreement starting with the last hired. The Company will notify the Union, in writing, of the number of required reductions. Recall of Employees will be accomplished by recalling the last laid off

Employee first and so on.

b. In the event of a reduction in work hours, the Company will reduce the amount of hours first by soliciting volunteers, followed by Probationary Employees then shared-time hours.

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Should additional hours need to be reduced, then full-time hours would be reduced. Prior to the reduction of hours of full-time Employees, the Company will provide the Union with as much advance notice as possible and meet with the Union to negotiate the impact of the staff reduction plan as is outlined herein.

SECTION 3.3 TEMPORARY ASSIGNMENTS

a. In the interest of maintaining continuous operations, the Company may temporarily assign an Employee to a vacant or new position until the position is filled in accordance with this

Agreement 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 and/or classification within or outside of the area defined by this Agreement and its Appendices. To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification and should not exceed thirty (30) consecutive days. If the assignment is to exceed thirty (30) consecutive days it should be assigned to rotating employees every thirty (30) consecutive days.

In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis.

b. Employees so assigned will receive the higher of the base hourly wage available to

Employees regularly assigned to the site and/or classification to which the Employee is being assigned or their regular hourly wage they receive at their regular site under this Agreement, whichever is greater.

SECTION 3.4 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 on the basis of suitability as evaluated by the Company. Suitability shall include an Employee's skills, experience, past performance, capabilities, and the needs of the operation. If the Company determines Employees are equally qualified, seniority will prevail.

SECTION 3.5 SHIFT BIDDING

Once each year by October 30th, full-time and shared-time position Employees at each location, at the request of the Local, may bid their shift schedules among designated full-time shift assignments or shared-time shift assignments in the order of seniority. Shift bidding shall be at each work location within the District. Shift bidding may not lead to any change in status from full-time to shared-time position or vice versa. Due to security concerns at the direction of the USMS, selected posts may be excluded from the shift bidding process. Both parties understand that this section does not apply to USMS or judicial assignments and all bidding will be conditional upon USMS acceptance and subject to any changes directed by the USMS.

ARTICLE 4 – MANAGEMENT’S RETAINED RIGHTS

SECTION 4.1 ENUMERATED RIGHTS

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The Company reserves all rights which it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be a source of potential controversy, including to:

a. Hire;

b. Assign work and schedule;

c. Promote, Demote, Layoff, Transfer except as defined in this Agreement;

d. Discharge, discipline, or suspend for just cause;

e. Make and enforce reasonable Employer rules and regulations;

f. Determine when overtime shall be worked;

g. Determine the qualifications of an Employee to perform work;

h. Determine the size and composition of the workforce;

i. Determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted;

j. Ensure adherence to performance standards;

k. Introduce changes in the methods of operations, jobs or facilities, including the right to automate, totally or partially, any or all of its business operations;

l. Determine, direct or change work operations and work force of the Company; and

m. Sell, lease, shut down or otherwise dispose of all or part of its assets or business operations.

SECTION 4.2 RETAINED RIGHTS

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

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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.

SECTION 5.2 GENERAL PROVISIONS

a. The number of days outlined in this Article 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 mean “working” days and not include Saturdays, Sundays or

Holidays when used in this Article. These time limitations may be extended only by mutual written understanding by the parties.

b. Should the Company fail to comply with the time limits at any step of the grievance procedure, the Union should deem such failure to respond as a denial of the grievance and may move the process to the next step in accordance to the provisions of this Article. The Company shall not be required to arbitrate untimely grievances or grievances not processed in accordance with the time deadlines set forth in the procedure, unless the Company affirmatively waives un-timeliness as a defense in writing. Timeliness will be decided by a Court having jurisdiction unless the Company agrees to submit the issue to an arbitrator.

c. Upon a written request, Employees may schedule a time through the Company’s

Federal Services Division’s Human Resource personnel to view their personnel file.

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 his or her immediate supervisor (not in the bargaining unit), within ten (10) working days of the date Employee knew or reasonably should have known of the alleged violation, to start the informal procedure. If the informal procedure is not invoked within ten (10) working days of the date the Employee knew or reasonably should have known of the alleged violation, 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 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 Employee shall, not later than ten (10) working days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the Union representative and shall be submitted to the Contract Manager or designee. The

Contract Manager or designee shall have ten (10) working days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved Employee and the Union

36837176.1 representative. If the grievance involves the District Supervisor or Contract Manager then Step

One shall be submitted to the next person in the chain of command as designated by the

Company.

c. Step Two - If the grievance is not settled in Step One, the grievance may be appealed in writing to the Company's VP, Federal Services Division or designee not later than ten (10) working days from the denial by the Contract Manager or designee. The VP, Federal Services

Division or designee will have ten (10) working days from the date the grievance was presented to return a decision, in writing, with a copy provided to the aggrieved Employee and the Union representative.

d. Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. The written grievance shall be presented to the

District Supervisor or company designee within twenty (20) working days after the issuance of discipline.

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 VP of Federal Services

Division written notice of its desire to proceed to arbitration not later than fifteen (15) working days after rejection of the grievance in Step Two.

a. Selection of an Arbitrator - Within fifteen (15) working 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 the fifteen (15) working days, the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators.

An arbitrator will be selected from this list by the parties alternately striking from the list until one (1) 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 parties 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.

c. Arbitration Expense - The arbitrator's fees and expenses, including the cost of any hearing room, shall be borne by the party that does not prevail. Each party to the arbitration will be responsible for its own expenses and compensations 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 submitted to him/her and will normally be rendered within sixty (60) days of

36837176.1 the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties).

SECTION 5.5 CLASS ACTION

The Union shall have the right to file a group grievance (class action) or grievances involving more than one (1) 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 2.4, no Employee shall be dismissed or suspended without just cause. Any disciplinary action shall be in writing.

SECTION 6.2 GOVERNMENT REMOVAL

It is acknowledged that, pursuant to the Contract between the USMS and the Company, the

USMS reserves the right to temporarily remove a CSO under investigation for an alleged serious performance standard violation or criminal charge from performing under the Contract. The

Company shall provide the Employee with a copy of any written notice regarding a temporary removal provided by the USMS at the time of the temporary removal. Such Government-directed temporary removal is not subject to the Grievance and Arbitration procedures of this agreement.

An independent decision made by the Company to temporarily remove a CSO from performing under the Contract pending an investigation (i.e., such removal has not been directed by the

USMS) shall not be exempt from the Grievance and Arbitration procedures of this Agreement.

It is further acknowledged that, pursuant to the Contract between the USMS and the Company, the

USMS reserves the right to permanently remove a CSO from performing under the Contract. The

Company shall provide the Employee with a copy of any such written notice provided by the

USMS at the time of removal. Any such permanent removal directed by the Government shall not be subject to the Grievance and Arbitration procedure of this Agreement.

SECTION 6.3 PERFORMANCE STANDARDS

The Company’s contract with the U.S. Government sets out performance standards for the CSOs in Section C of the Contract between the Company and the USMS and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards, the USMS Deadly Force Standards and the U.S. Title 18 Domestic

Abuse and Violence policy 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 Government. Employees agree

36837176.1 to cooperate with any Company investigation of a violation of the performance standards.

SECTION 6.4 PROGRESSIVE DISCIPLINE

The Company may discipline Employees and discharge those who fail to uphold U.S.

Government or Company standards. It is recognized by the 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 progressive discipline is not applicable (e.g. fraud, gross misconduct, theft, etc.). 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 the contract as referenced above. The Employee may request, in writing, to the District Supervisor, that any disciplinary action not resulting in suspension may be considered for removal from the

Employee’s file after six (6) months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

ARTICLE 7 – HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY AND WORKWEEK

a. For the purposes of this Article, a regular workweek for a full-time position shall normally be up to forty (40) hours of work, excluding lunch periods. A shift shall be defined as the start and end times, of the Employee’s work day. Shifts shall be designated at the discretion of the Company to fulfill the needs of the U.S. Government.

b. The Company will make its best efforts to avoid adjusting an Employee’s weekly schedule to reduce the payment of overtime without advance notification.

c. CSOs may exchange shifts and/or days off on an intermittent basis when necessary within a defined work week after written request (submitted at least twenty-four (24) hours in advance) to and written approval from the District Supervisor or designee. Such exchanges shall not cause the Company to incur overtime and shall not occur on a regular occurrence so as to circumvent seniority shift bid rights.

SECTION 7.2 OVERTIME

An overtime rate of one and one-half (1 1/2) 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 actually worked in excess of forty (40) hours in a work week.

SECTION 7.3 OVERTIME REQUIREMENT

If directed to work overtime (i.e., over forty [40] hours in a workweek) 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.

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SECTION 7.4 OVERTIME DISTRIBUTION

Subject to the exception in Section 7.3, the Company will make a reasonable effort to offer overtime by seniority (within the worksite) on a rotating basis and to distribute overtime as equitably and fairly as is practical among Employees.

SECTION 7.5 REST/MEAL PERIODS

There shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each eight (8) hour shift. One rest period shall be taken in the first half of the shift and the second rest period shall be taken in the last half of the shift. In addition, meal breaks are required for any scheduled shift exceeding four (4) hours. On occasion, due to exceptional work requirements, Employees may have to work through their unpaid lunch breaks. If so, they will be afforded another lunch period or compensated at the appropriate rate of pay if another lunch period is not feasible. 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.

Any CSO failing to report a missed lunch period by the end of their shift will not be paid for that time unless the missed lunch/break period can be verified by the Company.

SECTION 7.6 CALL IN PAY

An Employee called in to work will be guaranteed a minimum of four (4) hours of work, or if four (4) hours of work is not available, will be paid for a minimum of four (4) hours of wages.

Call in is defined as anytime a CSO is required or called to report to duty for any business and is not notified not to come in.

SECTION 7.7 COURTHOUSE CLOSURE

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 courthouse or government building where its employees are assigned. In the event that a closing occurs, employees will be excused and may use personal leave, vacation leave, floating holiday or leave without pay. In addition, if employees are not previously notified of the closure and arrive for their shift, they will be paid at their normal rate of pay for four (4) hours.

ARTICLE 8 – WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 WAGE SCHEDULE

The base rate of pay for CSOs in all locations is described in Appendix A of this Agreement.

SECTION 8.2 PAYDAY

Payday for all Employees will be on Friday following the two (2) week pay period. The

Company may require the use of direct deposit, except where precluded by law.

SECTION 8.3 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 (8) hours of pay or more will be corrected and paid within five (5) working days of the day the error was brought to the attention of the

Company.

SECTION 8.4 LEAD CSO RATES

The base rate for lead CSOs are described in Appendix A of this Agreement

a. If additional Lead CSOs are added to the contract any time after this Agreement goes into effect, they 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.

b. CSO Trainers shall be paid at the LCSO rate for all hours performing work as

Instructors while providing Range instruction and the twelve (12) hours of instructor led refresher as directed.

c. Employees temporarily assigned to LCSO duties will receive LCSO rate of pay for that time in compliance with the Statement of Work.

SECTION 8.5 DIFFERENTIAL

Current and continuing

A shift differential of 3.5% of the employee’s regular straight time hourly rate shall be paid for all hours worked between 6pm and 6am.

Effective October 1, 2020

A shift differential of 5% of the employee’s regular straight time hourly rate shall be paid for all hours worked between 6 p.m. and 6 a.m.

ARTICLE 9 - HOLIDAY

SECTION 9.1 HOLIDAYS DEFINED

Current - Whenever the term "holiday" is used, it shall mean:

New Year’s Day Independence Day

Veteran’s Day Columbus Day

Christmas Day Labor Day

Thanksgiving Day Martin Luther King Birthday

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Memorial Day President’s Day

Employee’s birthday – to be taken within the birth month

Any day designated by the President of the United States as a permanent National

Holiday.

Effective Upon Ratification - Whenever the term "holiday" is used, it shall mean:

New Year’s Day Independence Day

Veterans Day Columbus Day

Christmas Day Labor Day

Thanksgiving Day Martin Luther King Birthday

Memorial Day Presidents 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 (8) hours straight time, excluding any shift premium for that holiday.

b. A 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 (8) hours holiday pay at the straight time rate.

c. A shared-time position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee worked during the two

(2) week pay period in which the holiday occurs. Shared-time position Employees will receive a minimum of 4 hours of holiday pay.

d. Any shared-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

(8) hours holiday pay at the straight time rate, exclusive of any shift premium for that holiday.

e. In the event that the Holiday falls on a weekend, the term "Holiday" will refer to the day that the U.S. Government designates as the Holiday. For example, Independence Day 2020 is July 4 (Saturday). The U.S. Government designates July 3 (Friday) as the holiday. Using this example, Employees shall be paid as follows:

1. Example for Section 9.2.a: A full-time position Employee who is scheduled off on the U.S. Government designated holiday shall receive eight (8) hours holiday pay at the straight time rate, excluding any shift premium.

2. Example for Section 9.2.b: A full-time position Employee who is scheduled to work on the U.S. Government designated holiday shall receive eight (8) hours holiday pay at the straight time rate, excluding any shift premium, and shall receive the Employee’s appropriate rate of pay for all hours worked.

3. A full-time position Employee who is scheduled to work on both the actual

36837176.1 holiday and the Government-designated holiday shall receive the Employee’s appropriate rate of pay for all hours worked on the actual holiday. For the Government-designated holiday, the

Employee shall receive the Employee’s appropriate rate of pay for all hours worked and, in addition, shall receive eight (8) hours holiday pay at the straight time rate, excluding any shift premium, for that day as well.

4. Example for Section 9.2.c: A shared-time position Employee who is scheduled off on the U.S. Government designated holiday, but who works the actual holiday, shall receive prorated holiday pay based on the number of actual hours the Employee worked during the two

(2) week pay period in which the holiday occurs. For the actual holiday, the Employee shall receive the Employee’s appropriate rate of pay for all hours worked on the actual holiday, excluding any shift premium, for that day as well.

5. Example for Section 9.2.d: A shared-time position Employee who is schedule to work on the Government-designated holiday, shall receive the Employee’s appropriate rate of pay for all hours worked on the Government-designated holiday and, in addition, shall receive eight (8) hours holiday pay at the straight time rate, excluding any shift premium, for that day as well.

6. A shared-time position Employee who is scheduled to work on both the actual holiday and the Government-designated holiday shall receive the Employee’s appropriate rate of pay for all hours worked on the actual holiday. For the Government-designated holiday, the

Employee shall receive the Employee’s appropriate rate of pay for all hours worked and, in addition, shall receive eight (8) hours holiday pay at the straight time rate, excluding any shift premium, for that day as well.

f. If an employee is off on an unpaid leave of absence, the employee will not be eligible for Holiday pay compensation.

g. Employees assigned to work Christmas and Thanksgiving will receive time and a half plus the eight (8) hours holiday pay.

SECTION 9.3 HOLIDAY PAY CALCULATIONS

Holiday pay, including floating holidays, for shared-time employees shall be calculated according to the following formula:

(A) Hours worked

(during the two week pay period that the holiday falls in)

(A) / 72* = (B)

*All holidays are excluded from the available hours worked

(B) x 8 hours

(Holiday Pay authorized to full-time

CSOs) = (C)

(C) Shared-time

Employee holiday pay authorization

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 with the Employer (based on the Employee's Contract Date of Hire) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

Current and continuing 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-TIME POSITION EMPLOYEES

a. Eligible shared-time position Employees shall be entitled to pro-rated vacation per the schedule listed in Section 10.1 based on the number of hours worked in the previous year and the

Employee's Contract Date of Hire.

b. Any Employee who works a full anniversary year, in part as a full-time position

Employee and in part as a shared-time position Employee, shall receive prorated vacation benefits for that year using the same calculation.

Vacation calculation for shared-time position CSOs:

(during year prior to seniority date)

(A) / 1903*= (B)

*or current

USMS

authorization

(B) x (vacation authorization for full-time

CSOs) = (C)

(C) Shared-time

Employee vacation authorization

SECTION 10.3 SCHEDULING VACATIONS

a. Vacation leave shall be approved each contract year by worksite seniority when requested October 1 through October 31.

b. November 1 through September 30 (the remainder of the Contract Year), vacations shall be approved by chronological order of request (i.e., “first come, first served”). Seniority shall prevail should multiple Employees request vacation for the same days on the same date.

Once approved, a more senior Employee shall not be allowed to bump a junior Employee’s vacation request.

c. Employees shall receive written confirmation from the Company of vacation approval, and the approved dates shall be posted and updated by the LCSO on a calendar or bulletin board in the Employee break room at the worksite. Vacations of more than two weeks require advanced approval from the District Supervisor.

d. The Union acknowledges the Company’s obligation to fulfill staffing requirements as

36837176.1 determined by the USMS and further acknowledges that this obligation may require the denial of vacation requests and/or cancellation of previously granted vacation requests. Where staffing requirements may require the denial of vacation requests or the cancellation of vacation, the

Company will make every reasonable effort under the circumstances to find an alternative to denial of requests and/or cancellation of previously granted vacation(s).

SECTION 10.4 UNUSED VACATION

Vacation time 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 Contract Date of Hire) shall be paid to the Employee.

SECTION 10.5 PAY IN LIEU OF VACATION LEAVE

At any time during the year, Employees may request in writing to be paid for earned vacation pay in lieu of taking actual vacation leave. Requested earned vacation pay will be paid in the next pay period up to a maximum of 40 hours. Nothing herein precludes an Employee from requesting pay for earned vacation to be paid in consecutive pay periods. Health and Welfare, uniform and pension (if applicable) are only paid up to 40 hours per work week.

SECTION 10.6 TERMINATING EMPLOYEES

Upon termination of employment, Employees will be paid at their individual hourly rate any vacation time earned, but not used, as of their last seniority date, as entitled by the Service

Contract Act, unless State or Local Law provides otherwise.

SECTION 10.7 VACATION INCREMENTS

Vacation must be taken in no less than four (4) hour increments.

ARTICLE 11 – LEAVES OF ABSENCE

SECTION 11.1 LIMITATIONS

Unpaid leaves of absence for non-medical emergencies may be granted at the sole discretion of the Company without loss of seniority to the Employee. Unpaid leave of absences will not be granted should the Employee have any available paid leave balances. Such leaves, if granted, are not to exceed thirty (30) consecutive days, unless a special extension is approved by the

Company. For an Employee who takes an unpaid leave of absence exceeding sixty (60) consecutive days in any one contract year, benefits such as vacation or other accrued benefits will be prorated unless prohibited by law. The Company will make every reasonable effort to maintain an Employee's position while on an unpaid leave of absence. Unpaid leaves of absence may be taken only with written approval of the Company.

SECTION 11.2 FAMILY MEDICAL LEAVE ACT (FMLA)

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a. The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein.

b. FMLA coverage is extended to Employees who are not covered based on size of workforce at their location or distance.

c. New hire employees are entitled to FMLA after working 1,200 hours and twelve (12) months of continuous service on the contract.

d. During FMLA leave, the 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 completed fit for duty medical evaluation (i.e., Form CSO 012 [Request to Reevaluate Court Security Officer’s Medical Qualification]), conducted and signed by a certified licensed physician, which establishes the fitness of the

Employee to return to the Employee's previously held work. The Company will not be responsible for any costs incurred related to FMLA fit-for-duty medical examinations. Any

Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from employment unless an extended leave of absence is approved by the Company.

e. If the 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 the Company.

SECTION 11.3 MEDICAL LEAVE OF ABSENCE

An employee of the Company who is removed from the contract pending or as a result of the medical review authorities’ qualification determination will be…