Exhibit_1_-_CBA.pdf

AGREEMENT

between

WACKENHUT SERVICES, INC.

and

International Union, Security, Police and Fire

Professionals of America (SPFPA) & it’s

Amalgamated Local 444 at the United States

Holocaust Memorial Museum

Washington, DC

October 1, 2010-September 30, 2014

Exhibit 1 bfalk Typewritten Text

USHMM RFP-9531-13-R-0300

i

AGREEMENT BETWEEN WACKENHUT SERVICES, INC.

AND

INTERNATIONAL UNION, SECURITY, POLICE AND FIRE PROFESSIONALS OF

AMERICA (SPFPA) & IT’S ALMAGAMATED LOCAL 444

PAGE

PREAMBLE

ARTICLE 1 RECOGNITION .........................................................…………... 1

ARTICLE 2 PROBATIONARY PERIOD

ARTICLE 3 UNION SECURITY AND MEMBERSHIP

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 UNION REPRESENTATIVE

ARTICLE 6 UNION STEWARDS ..................……………

ARTICLE 7 FAIR EMPLOYMENT PRACTICES

ARTICLE 8 WAGES AND BENEFITS

ARTICLE 9 HOURS OF WORK, OVERTIME AND TEMPORARY

ASSIGNMENTS .....……………

ARTICLE 10 HOLIDAYS

ARTICLE 11 PERSONAL & SICK DAYS

ARTICLE 12 VACATION

ARTICLE 13 CALL IN AND REPORTING PAY ............................................… 15

ARTICLE 14 SENIORITY

ARTICLE 15 LAYOFFS

ARTICLE 16 GRIEVANCE PROCEDURES

ARTICLE 17 ARBITRATION PROCEDURE

ARTICLE 18 EXAMINATIONS

ARTICLE 19 UNIFORMS

ARTICLE 20 LEAVE OF ABSENCE

ARTICLE 21 BULLETIN BOARD

ii

ARTICLE 22 JURY DUTY

ARTICLE 23 BEREAVEMENT

ARTICLE 24 CLASSIFICATIONS……

ARTICLE 25 GENERAL PROVISIONS

ARTICLE 26 SAVINGS CLAUSE………

ARTICLE 27 COMPLETE AGREEMENT

ARTICLE 28 SUCCESSORS AND ASSIGNS

ARTICLE 29 COMPANY REGULATIONS…………

ARTICLE 30 DRUG AND ALCOHOL POLICY

ARTICLE 31 TRAINING AND REQUALIFICATION……………………….. 34

ARTICLE 32 NO STRIKE-NO LOCKOUT……………………………………. 37

ARTICLE 33 LABOR MANAGEMENT COMMITTEE………………………. 38

ARTICLE 34 HEALTH AND SAFETY………………………………………… 38

ARTICLE 35 TERMS AND AGREEMENT……………………………………. 39

SIGNATURE PAGE……………………………………………… 40

APPENDIX “A” WAGE SCHEDULE

APPENDIX “B” DRUG AND ALCOHOL POLICY

A G R E E M E N T

PREAMBLE

This Agreement is made and entered into on this 1st day of October 2010, between

WACKENHUT SERVICES, INC., hereinafter referred to as the “Employer,” and International

Union, Security, Police and Fire Professionals of America (SPFPA) & it’s Amalgamated Local

444, hereinafter referred to as the “Union.”

ARTICLE 1

RECOGNITION

Section 1.1

The Employer hereby recognizes the Union as the exclusive bargaining representative with respect to rates of pay, hours of work, and other conditions of employment for all full-time and part-time armed Protection Services Officers, and Console Operators employed by the

Employer at the United States Holocaust Memorial Museum (USHMM), 100 Raoul Wallenberg

Place, SW, Washington, DC, but excluding all other employees, including office clericals, shift supervisors, field supervisors, assistant project managers, and any other supervisors as defined in the National Labor Relations Act. The above location is hereinafter referred to as “site.”

Section 1.2

Whenever the words “employee” or “employees” are used in this Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

ARTICLE 2

PROBATIONARY PERIOD

Any “newly hired” employee shall be deemed to be on probation for a period of ninety

(90) calendar days on the site. After he/she has worked such period, the employee shall gain seniority status and their seniority date shall revert to the first day the employee earned wages from the Employer for employment at their site. During the probationary period, the employee may be discharged without recourse to the grievance and arbitration procedures. An employee who is absent during their probation may, at the Employer’s option, have said probation automatically extended for a like number of days, up to a maximum of thirty (30) days. The

Employer shall notify the Union within thirty (30) days of all new employees hired and of all employees terminated, setting forth their address, social security number, job classification and department.

ARTICLE 3

UNION SECURITY and CHECK OFF

Union Security

Section 3.1

All officers hereafter employed by The Employer in the classification covered by this

Agreement shall become members of the Union not later than the thirty-first (31 st ) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

Section 3.2

An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30 th

) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, whichever employed under, and for the duration of, this Agreement.

Section 3.3

Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in

NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications

Workers of America, 487 U.S. 735 (1988).

Section 3.4

In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that officer.

Section 3.5

Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive Federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

Dues Check off

Section 3.6

The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet including the names, addresses, social security number and local union number of officers and the amount of dues deducted from each, shall be remitted to the

Secretary/Treasurer of the International Union (SPFPA) within fifteen (15) days after the first regular payday of the month and The Employer will provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld. The Employer will provide quarterly reports to the International that include officers’ name, address, city, state, zip code and current wage rates, sorted by Union Local. The

Employer shall also inform The International Secretary/Treasurer, in writing, of the change of status of any bargaining unit employee, i.e. medical leave, military leave, promotion out of the bargaining unit etc.

Section 3.7

The Union agrees it will promptly furnish to the Employer a written schedule of the

Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

Section 3.8

The Union agrees to indemnify the Employer against any loss or claim, which may arise as a result of The Employer's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

ARTICLE 4

MANAGEMENT RIGHTS

Section 4.1

Management of the business and direction of the security force are exclusively the right of management. Although not all inclusive, these rights include the right to:

1. Hire;

2. Assign work;

3. Promote and demote;

4. Discharge, discipline, or suspension for just cause, in accordance with WSI Policy #

358 (Administration of Discipline) and to observe Employer and Client rules and regulations;

5. Determine when overtime shall be worked;

6. Determine the qualifications of an employee to perform work;

7. To implement and enforce the Employer’s current drug testing policy;

8. To schedule and/or reschedule employees consistent with the needs of the Client, with a minimum of a week’s posted notice, except Temporary Additional Services (TAS), which may require shorter notice.

Section 4.2

Any of the rights, power or authority the Employer had prior to the signing of this

Agreement are retained by the Employer except those specifically abridged or modified by this

Agreement and any supplemental Agreements that may hereafter be made. The Employer’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

ARTICLE 5

UNION REPRESENTATIVE

Section 5.1

The Union’s representative and/or their designees shall not unlawfully be denied access to the Employer’s work site for the purpose of considering matters covered by this Agreement. The

Union’s business representative shall not engage in any activities which interfere with the work of any employee covered by this Agreement.

Section 5.2

There shall be no Union business of any nature on behalf of the Union during an employee’s working time except in accordance with the grievance and arbitration procedure.

ARTICLE 6

UNION STEWARDS

The Employer agrees to recognize one (1) chief steward and one (1) steward for each shift at the location, duly appointed by the Union. Stewards shall not allow their activities as stewards to interfere with the performance of their assigned duties. A steward must obtain permission from his/her immediate supervisor before leaving the workstation to conduct Union business.

However, permission to leave a workstation will not be unreasonably denied. When initiated by the Employer, the Employer shall compensate stewards for time spent investigating or conferring with respect to an individual grievance, which arises during the steward’s regular working time.

A steward who leaves his workstation to conduct any other Union business after obtaining such permission shall clock out at the time that he leaves the workstation and shall clock in at the time that he returns to the workstation after completing such Union business. The

Employer shall not compensate stewards for such time spent on Union business.

However, the Employer recognizes the need for Union orientation, representation and training. Therefore, the Local Union President or Vice President will be allowed up to forty (40) unpaid hours per contract term to attend Union sponsored training programs. Such request must be submitted in writing no later than thirty (30) days in advance, and must be supported by Union provided documentation.

ARTICLE 7

FAIR EMPLOYMENT PRACTICES

Neither the Employer, nor the Union, shall discriminate against any employee on the basis of race, color, creed, sex, age, religion, nationality, Union activity, veteran’s status or non-job related handicap.

ARTICLE 8

WAGES AND BENEFITS

Section 8.1

All employees shall receive not less than the minimum wage rate as set forth in the scheduled job titles and wage rates as reflected in Appendix “A.”

Section 8.2

The Employer recognizes the fact that there are times when inclement weather, a natural disaster or any other planned or unplanned event, as approved by the Government, may close the

United States Holocaust Memorial Museum. In the event such a closing occurs, employees may be excused and paid up to three (3) days pay, per contract year, providing said conditions result in the employee being unable to report for work. The employer reserves the right to request proof from an employee as to their inability to report for work. In the event such a closure is the result of action by the government, employees will receive the aforementioned compensation only if the client agrees to reimburse the Employer.

Section 8.3

No employee will be subject to discipline, or reprimand, in the event any demonstration, rally, march or protest causes an employee to be delayed in reporting to work. However, all employees are expected to contact the employer should such an occurrence arise.

ARTICLE 9

HOURS OF WORK, OVERTIME AND

TEMPORARY ASSIGNMENTS

Section 9.1

The regular workweek shall consist of forty (40) hours. The workweek shall commence at 0001 hours on Monday and conclude at 2359 hours of the following Sunday. The workday shall be defined as the twenty-four (24) hours period commencing with the start of the employee’s shift and terminating twenty-four (24) hours thereafter. The pay period shall consist of two (2) workweeks. However, nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per week.

Section 9.2

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

Section 9.3

The Employer may temporarily assign an employee from a lower to a higher classification of work during any shift. The employee will receive the rate of pay for the higher classification for all time spent in the higher classification. An employee temporarily assigned to work in a lower classification will not have his rate of pay reduced. Employees working in this capacity understand that this is a temporary assignment not to exceed 60 to 90 days. After 90 days this temporary position will be re-evaluated.

Section 9.4

Any employee who is designated by the Employer as a “training instructor” will receive an additional ten percent (10%) of the employee’s base wage during the period training is performed.

Section 9.5

The Employer agrees that classroom and range time required for recertification is a work-related activity and will be considered as time worked.

ARTICLE 10

HOLIDAYS

Section 10.1

The following days shall be designated as paid holidays:

New Year’s Day Independence Day

Martin Luther King’s Day Labor Day

President’s Day Veteran’s Day

Columbus Day Thanksgiving Day

Memorial Day Christmas Day

Section 10.2

In order to receive holiday pay, the following conditions must be satisfied:

The employee must work or be on vacation the week of the holiday. The employee must work his/her regularly scheduled workday before and after said holiday and work the entire holiday shift. Holiday hours not worked, will not be considered as time worked for purposes of computing overtime.

Section 10.3

The ten (10) holidays shall be paid for regardless of the day of the week on which they fall. Part-time employees shall receive prorated holiday pay based on average hours worked in the preceding four (4) weeks.

ARTICLE 11

SICK DAYS

Section 11.1

A full-time employee with one (1) or more years of continuous service at the site shall be entitled to twelve (12) paid sick days off per year. Full time employees shall earn sick leave benefits on the basis of 3.7 hours per pay period to a maximum of ninety-six (96) hours per year;

no more than a total of 240 hours may be carried over or banked in the aggregate. The earning and accrual of sick leave is based on an employee’s length of employment, without a break in service, for the Employer at The United States Holocaust Memorial Museum.

Part-time employees will earn a prorated sick pay benefit. This benefit will be provided on October 1 st of each year. Unused sick leave shall not be paid upon termination of employment.

Section 11.2

Sick pay will be payable for full days of absence due to illness, or other qualifying occurrence(s) as defined in Section 11.3, commencing on the first day of the absence, and will not be paid for more than eight (8) hours at the employee’s regular straight-time rate for each day the employee is eligible to receive sick pay. Sick leave for other than a full day absence will be used in increments of no less than four (4) hours. Sick leave will not be considered as time worked for purposes of computing overtime.

Section 11.3

Employees can use paid leave days for absences from work resulting from the employee’s own or a family member’s illness, injury or medical condition. Additionally, employees can use paid leave days for absences from work if the employee or a family member is a victim of stalking, domestic violence or sexual abuse. Unused paid leave under the Act carries over from year to year. However, an employer is not required to pay employees for accrued, unused leave upon termination of employment. In order to receive compensation for sick days, an employee must notify his/her supervisor or designee at least three (3) hours prior to the commencement of his/her shift, or as soon as possible after the onset of the illness that he/she will be unable to work due to sickness.

Section 11.4

An employee who is absent due to illness or injury for more than three (3) consecutive work days shall be required to provide to the Employer, a physician’s statement supporting and certifying the employee’s absence and ability to return to work on the day of returning to work.

Where an employee fails to provide medical certification as required by this Article, or where medical certification does not support the employee’s absence, the employee will not be entitled to sick pay, and will be subject to disciplinary action. An employee who does not provide medical certification that he/she is able to return to work, if required, will not be permitted to return to work until such documentation is provided. The employer may require a doctor’s certificate in cases of suspected abuse of sick leave of any length. In addition, the employer reserves the right to ask for doctor’s verification of illness/injury for any sick leave taken in conjunction with scheduled days off.

Section 11.5

It is understood that employees may be subject to disciplinary action for excessive absenteeism even though the twelve (12) days have not all been used. Absences beyond the twelve (12) days provided, or absences that exceed the aggregate amount of sick leave accrued by an employee, will result in disciplinary action consistent with WSI Policy # 358 (Administration of Discipline)

Section 11.6

This article will not conflict or take away from the provisions of the “Accrual Sick &

Safe Leave Act of 2008” or any amendments thereof.

ARTICLE 12

VACATION

Section 12.1

Vacation time is earned by full time employees according to their length of service with

WSI or the Holocaust Memorial Museum.

Length of Service Earned Hours

1 – 4 years 80 hours

5 – 14 years 120 hours

15 years and over 160 hours

Personnel may request cash payment in lieu of time off after the use of 40 hours. Vacation time may not be carried over to another anniversary. Vacation hours will not be considered as time worked for purposes of computing overtime.

Section 12.2

Employees shall be eligible for regular vacations on their original anniversary date of hire with WSI and/or the “work site.” Vacation pay for part time employees shall be based on the average number of hours worked in the previous twenty-six (26) weeks.

Section 12.3

Employees are normally required to submit weekly vacation requests in writing to the

Project Manager at least thirty (30) calendar days prior to the requested vacation. The Employer must approve all such requests in advance. Requests will not be unreasonably denied.

Section 12.4

Each year a vacation calendar will be posted. Selection of available weeks will be by seniority. Once the calendar is taken down, available vacation time off will be awarded on a first come basis.

ARTICLE 13

CALL IN AND REPORTING PAY

Section 13.1

Employees are required to report for work at their scheduled starting times. An employee shall make every effort to notify the on-duty supervisor at least two (2) hours (for the day shift) and (4) hours (all other shifts) prior to his/her scheduled starting time if they are unable to report to work. Employees will receive from the on-duty Supervisor a confirmation number when they call in. It is the employee’s responsibility to maintain this number to verify that a call off was made.

Section 13.2

An employee who has been called into work unscheduled work, and has not been advised either orally or in writing not to report, shall receive a minimum of four (4) hours pay at his regular straight-time hourly rate.

Section 13.3

In the event an employee reports to work for his shift without being notified not to report, and work is not available, the employee shall be paid four (4) hours reporting pay at his regular rate of pay, including all benefits and allowances.

ARTICLE 14

SENIORITY

Section 14.1

Seniority for benefits shall be defined as the length of time an employee has continuously been employed “on site” in the collective bargaining unit. Seniority for overtime and layoffs shall be based on the length of time an employee has been continuously employed in a job classification “on site.” The Employer shall maintain one (1) seniority list for all operations covered by this Agreement. Seniority shall be on a site wide basis. The last four digits of the employee’s social security number shall determine seniority for employees hired on the same date.

An employee’s site seniority shall commence after the completion of his probationary period and shall be retroactive to the date of hire. Temporary promotions to supervision will be for duration of no more than one hundred eighty (180) days. During such promotion, bargaining unit members will continue to accrue all types of seniority in all lower job classifications.

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

Any employee removed from a permanent supervisory position through no fault of their own shall be eligible to fill a regular bargaining unit position, if said vacancy exists, and prior to newly-hired employees.

Section 14.2

Seniority shall terminate if:

1. An employee is terminated for just cause;

2. An employee voluntarily quits or resigns his employment;

3. An employee is laid off for more than twelve (12) months or length of employment, whichever is less;

4. An employee is laid off and fails to return to work on the date specified by the

Employer, except for just cause;

5. An employee overstays a leave of absence without just cause;

6. An employee gives a false reason for a leave of absence or engages in other employment while on such leave;

7. An employee’s acceptance to work and/or credentials to work under this contract are revoked by the client. This is not an arbitral event.

8. An employee fails to maintain their qualifications for employment as defined by the client.

Section 14.3

Seniority will continue to accrue during a layoff and approval of absence.

Section 14.4

All vacancies shall be posted for at least seven (7) calendar days unless filled sooner and for more than 7 days if needed to fill the vacancy. Vacancies will be filled by the most senior qualified employee.

ARTICLE 15

LAYOFFS

Section 15.1

In the event of a layoff, probationary employees shall be laid off first without regard to their individual periods of employment. Probationary employees shall not accrue seniority while on layoffs and shall have no recall rights.

Section 15.2

Non-probationary employees shall be the next to be laid off on the basis of site seniority, skill, ability and qualifications to perform the available work. Where factors are equal, seniority shall govern.

Section 15.3

When a vacancy arises, the Employer shall recall employees on the basis of site seniority, skill, ability and qualifications to perform the available work. Where factors are equal, seniority shall govern.

Section 15.4

An employee shall continue to retain recall rights for a twelve (12) month period or length of employment, whichever is less, commencing from the date of the layoff.

Section 15.5

In the event of a reduction in force, the chief steward and other stewards shall be the last to be laid off and the first to be recalled.

Section 15.6

The Employer shall make every effort to give any non-probationary employee, who is laid off, five (5) working days notice of the layoff.

ARTICLE 16

GRIEVANCE PROCEDURES

Section 16.1

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

Step 1: The employee and/or his/her Union representative shall present the grievance or dispute orally to the Employer’s Project Manager/Company representative within five (5) business days of its occurrence or when the employee knew, or should have reasonably known, of its occurrence. The Project Manager/Company representative shall orally respond to the grievance within five (5) business days.

Step 2: If the grievance is not settled at Step 1, the employee and/or his/her Union representative shall, within five (5) business days of the date the Project Manager/Company representative responded or should have responded, whichever is sooner, submit the grievance in writing to the Employer’s Vice President/General Manager or their designee. The Employer’s

Vice President/General Manager or their designee shall respond to the grievance within five (5) business days of receipt of the grievance.

Step 3: If the grievance is not settled at Step 2, the Union shall, within five (5) business days of receipt of the Vice President/General Manager’s or their designee response in Step 2, or the date when the Vice President/General Manager’s or their designee response was due, present the grievance in writing to the Vice President of Labor Relations or his/her designee. The Vice

President of Labor Relations or his/her designee shall respond in writing to the grievance within five (5) business days. Grievances affecting a class or classes of employees may be initiated by the Union at Step 3. The Employer shall have the right to involve senior management in the grievance process at an earlier stage, at its discretion.

Step 4: Should the grievance remain unsettled after Step 3 and upon receipt of the Employer’s answer, the Union may, by written request, refer the grievance to arbitration. The employer must receive the written request within ten (10) workdays after receipt of the Step 3 answer in order for timely submission to arbitration.

Section 16.2

A grievance involving discharge of any employee shall be brought directly to Step 2 and must be filed within five (5) calendar days of discharge. In case of discharge, the parties agree to proceed directly to Step Two (2) meeting within seven (7) workdays after a written grievance is submitted to the Employer.

Section 16.3

It is the intention of the parties that the time limitations and the requirements of the grievance procedure be rigidly followed. The arbitrator shall not consider an untimely grievance.

Any dispute or grievance not processed or appealed by the Union within the time limits set forth in any Step shall be considered settled on the basis of the Employer’s last preceding answer.

ARTICLE 17

ARBITRATION PROCEDURE

Section 17.1

The parties hereto shall choose an arbitrator by mutual agreement within thirty (30) calendar days from the date of the Employer’s receipt of the Union’s written appeal to arbitration. If the parties are unable to agree, then the Union may file for arbitration with the

Federal Mediation and Conciliation Service (FMCS).

Section 17.2

The arbitration, when filed with the FMCS shall be handled in accordance with their

“Voluntary Rules of Labor Arbitration.”

Section 17.3

The arbitrator’s authority shall be limited to finding a violation of the express purpose of the contract provision or provisions in question other than an implied purpose. The arbitrator cannot modify, amend, add to, detract from or alter the provisions of this contract nor substitute his/her judgment for that of management. In the event that an arbitrator shall determine that an employee has violated a Company rule, regulation or policy for which said employee was charged, the arbitrator shall not have the right to reduce, modify, or in any way alter the penalty assessed by the Company. However, if the grievant is found not to have violated the rule, regulation or policy he shall be made whole.

Section 17.4

The arbitrator shall have no power to establish or change wage rates or wage scales. The arbitrator shall render a decision as soon as possible following the hearing. Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the

Union, its members, the employee or employees involved and on the Employer. Any award of back compensation shall be offset by all earned income received during the applicable period

(including all disability, unemployment and other pay received) and will not include any interest or penalties. Any award of reinstatement (including back pay) shall be subject to the

Government/client agency permitting the employee to return to work.

Section 17.5

The compensation of the arbitrator and their expenses, incidental to the arbitration shall be borne equally by the parties. Each party shall bear the expense of preparing its case and shall make arrangements for, and the expenses of, witnesses called by them.

Section 17.6

Unless the parties agree in writing to the contrary, an arbitrator may hear only one (1) grievance at a time.

Section 17.7

It is understood that issues arising out of the employment relationship shall prior to being the subject of a charge be first addressed through the grievance and arbitration provisions of this

Agreement.

Section 17.8

It is understood that any incident where an employee has been discharged from employment due to his/her credentials being revoked by the client, shall not be arbitral.

ARTICLE 18

EXAMINATIONS

Section 18.1

When the Employer requires an employee to take a physical or psychological examination or evaluation; the Employer shall bear the cost of such examination.

Section 18.2

The Employer shall pay the cost of range fees and ammunition for employees required to qualify at the weapons qualification testing.

Section 18.3

An employee who fails to qualify, during the first weapons qualification testing, shall be permitted a second attempt at the next scheduled testing.

Section 18.4

The Employer shall pay the cost of Federal or State mandated training and shall compensate employees at appropriate rate of pay for actual time spent training.

Section 18.5

The Employer shall be responsible for the training of all new and current employees and follow the guidelines as set forth by USHMM and the Employer’s Handbook.

ARTICLE 19

UNIFORMS

Section 19.1

All uniforms, accessories, and duty equipment will be provided by the employer. The employer will also replace any item(s) that becomes unserviceable due to fair wear and tear, or due to no fault of the employee, at no cost to the employee. It is the responsibility of the employee to report for work in the correct uniform, with all the required duty gear.

Section 19.2

All uniforms and Employer equipment must be returned, professionally clean and in serviceable condition, to the Employer upon termination of employment. The employer reserves the right to use all available legal means to recover any items not returned, or to recover equitable costs in lieu of turn in.

ARTICLE 20

LEAVE OF ABSENCE

Section 20.1

Non-probationary employees shall be eligible for the following unpaid leaves in accordance with the procedures set forth below. All leave requests shall be in writing and signed by the Employer and employee(s) receiving same.

Section 20.2

Military Leave – Leaves of absence for the performance of duty with the U.S. Armed

Forces, or with a Reserve/Guard component thereof (including two day a month requirements) shall be granted in accordance with applicable law. A copy of the employee’s orders must be provided the Company prior to the effective date of the leave.

Section 20.3

Medical Leave - Unpaid medical leave of absence may be granted for a period of up to one (1) year. Inability to work for medical reasons must be verified by a doctor’s certificate. The

Employer has the right to verify the reason for the employee’s absence and prior to returning to work, the Employer may require that the employee be certified as being physically able to return to work.

Section 20.4

Personal Leave - An unpaid leave of absence, not to exceed one (1) month, may be granted under emergency situations at the sole discretion of the Employer.

Section 20.5

Employees returning from an unpaid leave of absence who have not scheduled a specific date on which they are to return, must notify the Project Manager in writing at least five (5) days before said employee’s intended date of return to work. Any employee returning from an extended leave of absence must still meet all the conditions of employment. The company reserves the right to subject the employee to a physical examination, drug test, background check, and any other requirement as specified by the client.

ARTICLE 21

BULLETIN BOARD

Section 21.1

The Employer shall provide an appropriate bulletin board, subject to USHMM management approval, exclusively for the use of the Union for the posting of notices, such as:

1. Notices of Union recreational and social affairs;

2. Notices of Union elections;

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

4. Notices of Union meeting;

5. Union updates of negotiations.

Section 21.2

There shall be no distribution, by employees or the Employer, of notices, pamphlets, advertising or political matters in work areas.

Section 21.3

All postings shall be in conformity with proper business and community standards.

ARTICLE 22

JURY DUTY

Section 22.1

All employees covered by this agreement who serve on a jury shall be paid his/her regularly scheduled hours not to exceed eight (8) hours per day for a maximum of 21 days during the life of this contract.

Section 22.2

If the employee is released from jury duty, during any part of the employee’s scheduled shift, he/she will immediately contact the Project Manager or their designee. If the employee receives instructions from the Project Manager or their designee, they are expected to report for work.

ARTICLE 23

BEREAVEMENT

Section 23.1

If it is necessary for an employee to lose time from work because of death in the immediate family (as defined below), the employee shall be entitled up to three (3) days paid leave of absence at his/her straight-time rate of pay in order to make arrangements for and to attend the funeral. Sick or vacation time may be used to extend the bereavement period should the need arise. Bereavement pay will be not be considered as time worked for purposes of computing overtime.

Section 23.2

Immediate Family is defined to mean an employee’s parents, stepparents, grandparents, sisters, brothers, spouse, children, stepchildren, spouse’s parents, spouse’s grandparents, and any relative of the employee or spouse who permanently resides in employee’s household.

Section 23.3

The Employer may require proof of the death for which an employee requests a paid leave if there is any question of validity.

ARTICLE 24

CLASSIFICATIONS

Section 24.1

Full-time employees are those employees who regularly work an average of thirty-two

(32) hours or more a week.

Section 24.2

Part-time employees are those employees who regularly work less than thirty-two (32) hours a week. Part-time employees are eligible for holiday pay, vacation leave benefits, and all other benefits as set forth herein on a prorated basis to the hours they worked.

Section 24.3

Employees covered by this Agreement shall not be required to deliver office supplies, furniture, equipment or distribution that does not pertain to normal assigned duties.

ARTICLE 25

GENERAL PROVISIONS

Section 25.1

The Employer and the Union shall keep each other advised, in writing, of the names of authorized management and Union representatives.

Section 25.2

Each employee is at all times responsible for having a correct address and valid telephone number on file with the Employer. All written notices shall be deemed to be properly filed if sent to the employee’s last address of record.

Section 25.3

The pronoun (his) used in this Agreement is equally applicable to the masculine and the feminine gender.

Section 25.4

Supervisors may perform bargaining unit work for purposes of instruction, training, employee’s relief or emergencies, to begin a shift rotation or to fill a vacant shift caused by the unexpected absence of a Security Officer, or as otherwise determined.

Section 25.5

The Employer shall make every effort to give each employee a personal break when necessary.

Section 25.6

Consistent with applicable local/state laws, the Employer shall make every reasonable effort to give each employee an opportunity to review his personnel files. With an employee’s written approval, a Union representative, in the performance of his representative duties, shall be afforded the opportunity to review employee personnel files.

Section 25.7

Records of suspension, disciplinary letters, memorandums and warnings (records of conversation or counseling) shall not be used for further discipline after twelve (12) months of issuance

Section 25.8

The Employer and the Union endorse the use of incentives to help encourage outstanding performance by bargaining unit members. While not negotiable, the Union will be advised in advance of the introduction, modification and/or cancellation of said incentives

Section 25.9

Each employee, as a condition of employment, will be on direct deposit for their bi-weekly payroll checks.

ARTICLE 26

SAVINGS CLAUSE

Should any part of this Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of any court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof. Remaining parts or provisions shall remain in full force and effect.

ARTICLE 27

COMPLETE AGREEMENT

The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements reached by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union agree that all past practice and Letters of

Understanding created outside the boundaries of this Agreement have been included in the newly adopted Agreement herein or are null in void.

ARTICLE 28

SUCCESSORS & ASSIGNS

The parties agree that this Agreement shall apply to and bind all successors and assigns of the Employer. Continued compliance with this Collective Bargaining Agreement (CBA) shall be a term and conditions of any sale, transfer of assets or assignment of assets by the Employer, and of any succession by another contractor to the Employer’s contract with the Government, all in accordance with the Service Contract Act of 1965, as amended.

ARTICLE 29

COMPANY REGULATIONS

Section 29.1

Any rules, regulations or directives, which are now in effect, or which may be later imposed upon the Company,by its Client, the United States Holocaust Memorial Museum, or any other Governmental Agency having jurisdiction will apply with equal force and effect to the employees hereunder. In agreeing with this Article, the Union is in no way waving its rights to review and to recommend changes which they deem necessary. Employees are also required to adhere to Company Rules and Regulations, including WSI-NCR SOP #358, Administration of

Discipline, (revised October 2006), notwithstanding any possible conflict with any provisions of the Agreement.

Section 29.2

Copies of Rules and Regulations so imposed will be made available to the Union upon request.

ARTICLE 30

DRUG AND ALCOHOL POLICY

The Parties recognize that in the security business, the use of controlled substances or alcohol which causes intoxication or impairment on-the-job poses risks to the Employer, the affected employee, his co-workers, and the public. An employee cannot perform his work adequately if he is under the influence of illegal drugs or alcohol, and an employee under the influence of drugs or alcohol also presents danger to himself and to others. Unlawful use of drugs and the abuse of alcohol when not on duty raise serious questions concerning the employee’s competency to perform security work and are grounds for revocation of his firearms permit. It is the Employer’s policy to maintain a drug-free workplace. The Employer and the

Union agree to the Drug and Alcohol Policy attached hereto (Appendix B) and incorporated in this Agreement.

ARTICLE 31

TRAINING AND RE-QUALIFICATION

Section 31.1

The Employer agrees to pay employees who are required to re-qualify with a weapon on a firing range for up to four (4) hours at the employee’s normal hourly rate of pay and one-half

(1/2) hour for travel to and from the range facility at the employee’s normal rate of pay for the first attempt only. The Employer further agrees to pay employees who are required to take government mandated training and re-training courses at the regular rates of pay provided by this

Agreement. Notwithstanding the foregoing, in the event that an employee is required to take a repeat training course or is required to make a second attempt to qualify with a weapon because the employee failed to attain a sufficiently high score to be re-qualified, the Employer limits the amount of remedial training to eight hours (8) per certification. Failure to achieve qualifying scores will result in termination of employment.

Section 31.2

The Employer shall schedule employees to be re-qualified at least one (1) month prior to the expiration of their weapons permit. The Employer shall afford to employees the opportunity to have at least one (1) practice session prior to any formal re-qualification test. All qualification and re-qualification procedures shall be conducted in accordance with the HMM guidelines and procedures. Subject to HMM guidelines and procedures, the employee shall be given two (2) opportunities to qualify prior to the expiration date of his weapons permit.

Section 31.3

a. The Employer shall schedule, in a timely manner, full-time and part-time employees to obtain any annual government required physical examination at no expense to the employee

(only for one examination). If an employee does not appear for or obtain his government-required physical examination prior to the time by which it must be obtained, the employee shall be laid off in accordance with Section 29.2 above.

b. If an employee does not satisfactorily pass their annual physical examination, within two (2) attempts, the employee shall be considered as having voluntarily resigned. If an employee fails to report for a scheduled physical examination (unless such failure to report is the result of a documented emergency circumstance), the employee shall be terminated from employment.

Section 31.4

Each employee shall have two (2) opportunities to pass the first aid and/or CPR examination. If an employee fails to do so or fails to report for a scheduled examination (unless such failure to report is the result of a documented emergency circumstance), the employee shall be terminated from employment.

Section 31.5

The Employer shall provide employees, at least ninety (90) days prior to expiration of their District of Colombia (DC) handgun permit, such forms as are required by the District of

Columbia for the renewal of such permit. Employees are expected to return such forms, including the range qualification form, completed together with any necessary photographs within fifteen (15) days of expiration. The Employer shall promptly submit the completed forms and photographs, to the appropriate licensing agency. If an employee does not submit to the

Employer the completed forms and photographs, or other required items within the aforementioned period and, as a result of the employee’s delay, the employee’s permit lapses, the employee shall be laid off until the permit is received. Notwithstanding the foregoing, if an employee fails to provide the completed forms, photographs, or other required items within thirty

(30) days of his/her receipt of the forms from the Employer, the employee shall be deemed to have voluntarily resigned. In the event the Employer fails to submit completed forms, photographs, or other required items to the appropriate agency and the employee’s permit lapses because of such delay, the employee may be reassigned without loss of pay pending the issuance of the permit providing an opening exists.

Section 31.6

a. The employer shall schedule all employees to take a semi-annual physical fitness test.

If an employee fails to report for the test, as scheduled, that employee shall be considered as voluntarily resigned (unless such failure to report is a result of a documented emergency circumstance).

b. For those employees who fail to meet the minimum standards, management reserves the right to decide, on a case by case basis, if a second opportunity will be afforded to the affected employee. If offered, the second opportunity will be administered within two weeks of the original test date. If not offered, the employee will be terminated from employment for failure to meet contract requirements.

ARTICLE 32

NO STRIKE – NO LOCKOUT

Section 32.1

During the term of this agreement, or any renewal or extension thereof, neither the

Union, its officers, officials, representatives, agents, members, or any Employee will authorize, instigate, aid, condone, promote, participate in, engage in any strike, work stoppage, slowdown, boycott, sit-down, sit-in, or other interruption with the Employer's work or the business of the

Employer, or any impeding of business of the Employer, regardless of whether there is a claim by the Union of breach of this agreement, or of Federal, State, or Local Law by the Employer.

Any Employee or Employees who violate the provisions of this article will be subject to disciplinary action.

Section 32.2

During the term of this agreement, the Employer will not lock out the employees.

ARTICLE 33

LABOR.MANAGEMENT COMMITTEE

On a monthly basis the Union and Company representatives will meet to discuss issues of mutual interest and concern. These meetings are intended to establish and maintain open channels of communications on order to foster positive employee relations and are not to be used to discuss active grievances.

ARTICLE 34

HEALTH AND SAFETY

Section 34.1

The union’s role in health and safety is advisory. The Company encourages the Union’s active participation.

Section 34.2

The Company and Union recognize the importance of maintaining a safe working environment, cooperating toward the objective of eliminating health and safety hazards by educating, training, and expecting employees to follow all health and safety rules and procedures.

Section 34.3

The Union recognizes the desirability of maintaining safe and clean working conditions at all times and agrees to cooperate with the Company in maintaining these conditions.

Section 34.4

Occupational accident, injury, and illness records shall be kept and maintained by the

Company.

Section 34.5

The Company will provide approved protective clothing and safety equipment, as necessary, for the safety and health of all employees.

Section 34.6

The Employer shall make reasonable provisions for the safety and health of all employees during the hours of their employment.

ARTICLE 35

TERMS OF AGREEMENT

This Agreement shall remain in full force and effect from October 1, 2010, through

September 30, 2014 subject to the following, and shall continue from year-to-year thereafter.

The parties by mutual written consent can modify or change this Agreement.

SIGNATURE PAGE

APPENDIX “A”

WAGE SCHEDULE

The Employer will pay such wages and other employee benefits as set forth in the

Employer’s contract with United States Holocaust Memorial Museum effective October 1, 2010, including any amendments thereto.

Section 1. Wages

October 1, 2010 October 1, 2011 October 1, 2012 October 1, 2013

PSO $21.80 $22.24 $22.68 $23.36

CO* $21.80 $22.24 $22.68 $23.36

* denotes Control Room Operator

Section 2. Uniform Allowance:

Effective October 4, 2010, the Employer shall continue to pay a Uniform Allowance of

$0.11 per hour for each regular hour worked, not to exceed 40 hours per week.

Section 3. Pension Allowance:

The Employer will contribute for all employees a Pension Allowance, for all compensable hours not to exceed forty (40) hours per week, or a maximum of 2080 hours per calendar year. The following rates apply:

$0.95 $1.10 $1.25 $1.40

Section 4. Health and Welfare:

The Employer will provide all employees with a Health and Welfare benefit allowance, for all compensable hours not to exceed forty (40) hours per week, or a maximum of 2080 hours per calendar year.