Exhibit 01 USHMM CBA

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USHMM Security Staffing
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9531-18-R-0900
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AGREEMENT

Between

Centerra

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, 2017 - September 30, 2020 i

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 PROBATIONARY PERIOD

ARTICLE 3 UNION SECURITY & CHECK OFF

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 UNION REPRESENTATIVE

ARTICLE 6 UNION STEWARDS

ARTICLE 7 WAGES & BENEFITS

ARTICLE 8 HOURS OF WORK, OVERTIME & TEMPORARY ASSIGNMENTS

ARTICLE 9 HOLIDAYS

ARTICLE 10 SICK DAYS

ARTICLE 11 VACATION

ARTICLE 12 CALL IN & REPORTING PAY

ARTICLE 13 SENIORITY

ARTICLE 14 LAYOFFS & RECALL

ARTICLE 15 GRIEVANCE PROCEDURES

ARTICLE 16 ARBITRATION PROCEDURE

ARTICLE 17 EXAMINATIONS

ARTICLE 18 UNIFORMS & EQUIPMENT

ARTICLE 19 LEAVES OF ABSENCE

ARTICLE 20 BULLETIN BOARD

ARTICLE 21 JURY DUTY

ARTICLE 22 BEREAVEMENT

ARTICLE 23 CLASSIFICATIONS

ARTICLE 24 GENERAL PROVISIONS

ii

ARTICLE 25 SAVINGS CLAUSE

ARTICLE 26 COMPLETE AGREEMENT

ARTICLE 27 SUCCESSORS & ASSIGNS

ARTICLE 28 EMPLOYER REGULATIONS

ARTICLE 29 DRUG & ALCOHOL POLICY

ARTICLE 30 TRAINING & RE-QUALIFICATION

ARTICLE 31 NO STRIKE-NO LOCKOUT

ARTICLE 32 LABOR MANAGEMENT COMMITTEE

ARTICLE 33 HEALTH & SAFETY

ARTICLE 34 NON-DISCRIMINATION

ARTICLE 35 TERMS OF AGREEMENT

SIGNATURE PAGE

APPENDIX A WAGE & BENEFIT SCHEDULE

APPENDIX B DRUG & ALCOHOL POLICY

Collective Bargaining Agreement Between Centerra & Page 1 SPFPA Local 444

PREAMBLE

This Agreement is made and entered into on this 1st day of October 2017, between

Centerra (“Centerra”) hereinafter referred to as the “Employer,” and International Union, Security, Police and Fire Professionals of America (SPFPA) Amalgamated Local 444, hereinafter referred to as the “Union.” Any economic or non-economic changes related to this Agreement are effective as of October 1, 2017.

Collective Bargaining Agreement Between Centerra & Page 2

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” or “Client”), 100

Raoul Wallenberg Place, SW, Washington, DC, or any other location in which the Employer performs security functions under its contract with USHMM, 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.

Collective Bargaining Agreement Between Centerra & Page 3

ARTICLE 2 PROBATIONARY PERIOD

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

(90) calendar days from date of hire 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 the site.

During the probationary period, the employee may be discharged without recourse to the grievance and arbitration procedures.

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.

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ARTICLE 3 UNION SECURITY & CHECK OFF

Union Security

Section 3.1

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

Agreement shall become members of the Union not later than the thirty-first (31st) 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 (30th) 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

Collective Bargaining Agreement Between Centerra & Page 5 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.

Collective Bargaining Agreement Between Centerra & Page 6

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.

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ARTICLE 4 MANAGEMENT RIGHTS

Section 4.1

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

(a) Hire;

(b) Assign work, determine shift composition, and starting and ending times;

(c) Promote & demote;

(d) Discharge, discipline, or suspension for just cause, in accordance with Centerra

Washington Ops Policy #358 (Administration of Discipline) and to observe

Employer and Client rules and regulations;

(e) Determine when overtime shall be worked;

(f) Determine the qualifications of an employee to perform work;

(g) Implement and enforce the Employer’s current drug testing policy;

(h) Schedule and/or reschedule employees consistent with the needs of the Employer.

The Employer will provide a minimum of seven (7) days’ notice of any schedule changes, 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.

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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.

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ARTICLE 6 UNION STEWARDS

Section 6.1

The Employer agrees to recognize one (1) chief steward and four (4) stewards for each shift 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. Stewards shall act as employees first and a Union steward second.

Section 6.2

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.

Section 6.3

The Employer recognizes the need for Union orientation, representation, and training.

Therefore, the Chief Steward or their designee 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.

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ARTICLE 7 WAGES & BENEFITS

Section 7.1

All employees shall receive not less than the minimum wage rate and other benefit levels as set forth in Appendix “A” of this Agreement.

Section 7.2

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 client, may close the United

States Holocaust Memorial Museum. However, this does not relieve employees of their obligation to report to work. In the event an employee claims to be unable to report, 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 compensation only if the client agrees to reimburse the Employer. Employees may use accrued vacation/sick time to cover hours lost due to the closure and not paid by the Client.

Section 7.3

No employee will be subject to discipline, or reprimand, in the event any unplanned/non-publicized demonstration, rally, march, documented public transportation malfunction/road closure 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.

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ARTICLE 8 HOURS OF WORK, OVERTIME & TEMPORARY ASSIGNMENTS

Section 8.1

The regular workweek shall consist of up to 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 8.2

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 8.3

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 8.4

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.

Collective Bargaining Agreement Between Centerra & Page 12

Section 8.5

The Union recognizes that at times the Employer may need to call in, or schedule, otherwise unscheduled employees, on short-notice, to meet staffing requirements.

Collective Bargaining Agreement Between Centerra & Page 13

ARTICLE 9 HOLIDAYS

Section 9.1

The following days shall be designated as paid holidays:

New Year’s Day Martin Luther

King Jr’s Birthday

Washington’s Birthday Memorial Day Independence

Day

Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

Section 9.2

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

(a) The employee must work or be on vacation the week of the holiday.

(b) The employee must work his/her regularly scheduled workday before and after said holiday and work the holiday shift, if scheduled. However, in cases of emergencies, as agreed by the Employer, which require an employee to leave work early, that employee shall be entitled to the holiday pay.

(c) Holiday hours paid and not worked, will not be considered as time worked for purposes of computing overtime.

Section 9.3

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.

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ARTICLE 10 SICK DAYS

Section 10.1

Non-probationary employees shall accrue sick leave benefits on the basis of 0.0461538 hours per hour worked to a maximum of ninety-six (96) hours per year; no more than a total of

288 hours may be carried over or banked in the aggregate. A non-probationary employee shall be entitled to use their accrued sick leave immediately. 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 site. This benefit will be provided on October 1st of each year. Unused sick leave shall not be paid upon termination of employment.

Section 10.2

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.

Section 10.3

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 DC Accrued Sick and

Safe Leave Act carries over from year to year. However, the 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

(2) 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.

Collective Bargaining Agreement Between Centerra & Page 15

Section 10.4

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 a doctor’s note 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 10.5

Employees returning to work from an absence resulting from a Worker’s Compensation issue, Short/Long Term Disability, and/or Family Medical Leave Act absence (for their own medical condition), shall be required to submit a completed “Fit for Duty” form certifying that the employee is able to perform the essential functions of their job, before placement back on the duty schedule.

Section 10.6

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, may result in disciplinary action consistent with Centerra Washington Operations

Policy # 358 (Administration of Discipline). An excused absence (i.e. presentation of a valid doctor’s note) shall not be considered a missed day of work. An unexcused absence shall be considered a missed day of work.

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Section 10.7

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

Safe Leave Act of 2008” or any amendments thereof.

Section 10.8

Sick leave will not be considered as time worked for purposes of computing overtime.

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ARTICLE 11 VACATION

Section 11.1

Employees shall be entitled to annual vacation pay which will be determined by an

Employee’s date of hire and continuous service, notwithstanding breaks in Union Seniority on the contract between the USHMM and Centerra to provide security for USHMM facilities. The date of hire and continuous service are inclusive of previous employers providing this service.

Vacation hours shall be accrued for all straight time hours paid at the regular rate of pay.

Vacation entitlements are stated below:

Completed Years of Service Earned Hours Not To Exceed 1 – 4 0.038461538 80 hours 5 – 9 0.057692308 120 hours

10 years 0.076923077 160 hours

Employee’ will, at a minimum, take no less than 40 hours of vacation per year. In addition, employees shall be allowed to cash out up to forty (40) hours of unused vacation during the calendar year.

There will be no carryover of accrued hours into the next anniversary year. The Employer will make a good faith effort to pay accrued, unused vacation hours by the second payday after the employee’s anniversary date of hire.

Vacation hours will not be considered as time worked for purposes of computing overtime.

Section 11.2

Employees shall be eligible for regular vacations on their original anniversary date of hire with the Employer and/or the “work site.” Employees will accrue paid vacation entitlements using the above applicable rates for a twelve (12) month period starting with their date of hire.

Accrued vacation entitlements will be considered vested and available for use on the employee’s anniversary date each year. Employees will not be able to use vacation entitlements until they have completed each 12 months of employment and accrued vacation entitlements have vested.

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Section 11.3

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

Manager at least thirty (30) calendar days prior to the requested vacation. The Employer must approve or disapprove such requests at least seven (7) days after receipt of the request. Requests will not be unreasonably denied.

Section 11.4

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.

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ARTICLE 12 CALL IN & REPORTING PAY

Section 12.1

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, starting times 7:00 am, 8:00 am, & 9:15 am) 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 12.2

An employee who has been called for unscheduled work, and has not been advised either orally or in writing not to report, shall receive a up to a minimum of four (4) hours pay at his regular straight-time hourly rate. The Employer reserves the right to assign other work to be performed during this time period. Employees shall have the option to stay and work for the four

(4) hours, or leave. If an employee decides to leave, he shall not be paid for the aforementioned hours, except for the time actually spent on site.

Section 12.3

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. The Employer reserves the right to assign other work to be performed during this time period. Employees shall have the option to stay and work for the four (4) hours, or leave. If an employee decides to leave, he shall not be paid for the aforementioned hours. In the event of an over scheduling situation, the person with the least amount of seniority on the shift shall be subjected to the four (4) hour option mentioned previously in this section.

Collective Bargaining Agreement Between Centerra & Page 20

Section 12.4

Employees scheduled for stand-by duty shall be guaranteed two (2) hours of straight time pay regardless of the actual number of hours he works. The Employer shall post stand-by duty and weekly schedules at least seven (7) days in advance.

Section 12.5

No employee shall have their regularly scheduled hours reduced in order to be placed on stand-by or to avoid overtime.

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ARTICLE 13 SENIORITY

Section 13.1

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 13.2

Seniority shall terminate if:

(a) An employee is terminated for just cause;

(b) An employee voluntarily quits or resigns his employment;

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

(d) An employee is laid off and fails to return to work on the date specified by the Employer, except for just cause;

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(e) An employee overstays a leave of absence without good cause, as determined by the Employer;

(f) An employee gives a false reason for a leave of absence or engages in other employment while on such leave;

(g) 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.

(h) An employee fails to maintain their qualifications for employment as defined by the client.

Section 13.3

Seniority will continue to accrue during a layoff and approved leave of absence, except as specified in Section 13.2 above and Article 14.

Section 13.4

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

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ARTICLE 14 LAYOFFS & RECALL

Section 14.1

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 layoff.

Section 14.2

Non-probationary employees shall be the next to be laid off on the basis of site seniority.

Non-probationary employees shall not accrue seniority while on layoff.

Section 14.3

In the event of a recall, the Employer shall first recall non-probationary employees, then probationary employees, on the basis of site seniority. In those instances where site seniority is the same, the last four of an employee’s social security number, whichever is the larger number, shall be the determining factor.

Section 14.4

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 14.5

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 14.6

The Employer shall make every effort to give any employee who is subject to layoff five

(5) working days notice of the layoff.

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ARTICLE 15 GRIEVANCE PROCEDURES

Section 15.1

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 Union representative shall present the grievance or dispute orally to the Project Manager (or designee) within five (5) business days of its occurrence or when the employee knew, or should have reasonably known, of its occurrence. The Project

Manager (or designee) 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/Employer representative responded or should have responded, whichever is sooner, submit the grievance in writing to the Employer’s General Manager (or designee). The Employer’s General Manager (or 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 General Manager’ (or designee) response in Step 2, or the date when the

General Manager’ (or designee) response was due, present the grievance in writing to the

Employer’s Director of Labor Relations (or designee). Employer’ Labor Relations Department shall convene a meeting to discuss the merits of the grievance; given the geographic location of the parties, this meeting shall be held telephonically. The Employer’ Director of Labor Relations

(or designee) shall respond in writing to the grievance within five (5) business days of the grievance meeting. 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.

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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 15.2

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 2 meeting within seven (7) workdays after a written grievance is submitted to the Employer.

Section 15.3

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.

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ARTICLE 16 ARBITRATION PROCEDURE

Section 16.1

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). The party demanding arbitration shall be responsible for acquiring a seven (7) person Arbitration panel from the FMCS from which the

Arbiter will be selected.

Section 16.2

The arbitration proceedings shall be handled in accordance with their “Voluntary Rules of

Labor Arbitration”.

Section 16.3

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 an Employer 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 Employer. However, if the grievant is found not to have violated the rule, regulation or policy he shall be made whole.

Section 16.4

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

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(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 16.5

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 cover the expenses of, witnesses called on their behalf.

Section 16.6

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

Section 16.7

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 16.8

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.

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ARTICLE 17 EXAMINATIONS

Section 17.1

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

Employer determines an employee’ behavior poses a threat to the safety of the facility, employees, or visitors, that employee shall be referred for a psychological examination. Should the employee refuse to undergo said examination, the Employer shall have the right to end the employment relationship.

Employees shall be paid two (2) hours at their straight time rate of pay if they are not on shift at the time of the examination.

Employee’s on shift shall undergo the examination and return to shift upon completion of the examination, and shall not suffer any loss of hours as a result. Employees are expected to complete any examination in the most expeditious manner possible.

Section 17.2

(a) The Employer shall schedule, in a timely manner, full-time and part-time employees to obtain any contract required physical examination at no expense to the employee (only for one examination). If an employee does not appear for or obtain his contract required physical examination prior to the time by which it must be obtained, the employee shall be removed from the duty schedule until such time as this requirement has been met, not to exceed a period of 30 days.

After 30 days, unless such failure to report is the result of a documented emergency circumstance, the employee shall be terminated from employment.

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(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.

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ARTICLE 18 UNIFORMS & EQUIPMENT

Section 18.1

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. The Employer shall prescribe the manner and wear of any uniform, accessories, and duty equipment in compliance with the contract.

Section 18.2

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.

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ARTICLE 19 LEAVES OF ABSENCE

Section 19.1

Non-probationary employees shall be eligible for the following unpaid leaves in accordance with the procedures set forth below. All leave requests shall be submitted in writing by the employee requesting the absence, consistent with Employer policies.

Section 19.2

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 Employer prior to the effective date of the leave.

Section 19.3

Medical Leave: Employees may be granted a medical leave in accordance with the

Family Medical Leave Act (FMLA) during which time the employee shall continue to accrue seniority. Employees shall apply for FMLA consistent with Employer policy. Should the Family

Medical leave be related directly to the employee's or family member's serious health condition a medical certification must be presented prior to the leave or as soon as practicable after the illness commences. In the event the absence was for the employee, the Employer will require a doctor's release for return to work, without restrictions, when the employee serves notice of his/her intention to return. The employee will provide a minimum of fifteen (15) days prior notice in writing to the Employer of their intent to return from such leave. Before returning, the employee will be required to meet all qualifications required for their job classification.

An unpaid medical leave of absence may be granted consistent with Employer policy.

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 shall require that the employee be certified as being physically able to return to work without restriction(s), or if there are restriction(s), the Employer will make good faith efforts to

Collective Bargaining Agreement Between Centerra & Page 32 make reasonable accommodation for the stated restriction(s) within the boundaries of its contract with the Client.

Section 19.4

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 19.5

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 meet all conditions of employment. The Employer reserves the right to subject the employee to a physical examination, drug test, background check, and any other requirement as specified by the client.

Section 19.6

Within the limits of applicable law(s), employees approved for a leave of absence and enrolled in the Company’s benefit plans, shall be responsible for paying all premium costs for benefits. The Employer reserves the right to discontinue any benefit coverages for non-payment of premiums.

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ARTICLE 20 BULLETIN BOARD

Section 20.1

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:

(a) Notices of Union recreational and social affairs;

(b) Notices of Union elections;

(c) Notices of Union appointments and results of Union elections;

(d) Notices of Union meeting;

(e) Union updates of negotiations.

Section 20.2

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

Section 20.3

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

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ARTICLE 21 JURY DUTY

Section 21.1

All employees covered by this agreement that serve on a jury shall be paid his/her regularly scheduled hours not to exceed eight (8) hours per day for a maximum of seven (7) days per year.

Section 21.2

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.

Section 21.3

Jury Duty pay is not considered time worked for purposes of computing overtime.

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ARTICLE 22 BEREAVEMENT

Section 22.1

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 their straight-time rate of pay in order to make arrangements for and to attend the funeral. Sick and vacation time may be used to extend the bereavement period should the need arise. However, the use of sick leave shall be limited to 3 days per occurrence.

Section 22.2

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

Section 22.3

The Employer may require proof of the death for which an employee requests a paid leave if there is any question of validity. This includes proof that the deceased permanently resided in the employee’s household, if claimed.

Section 22.4

Bereavement pay is not considered as time worked for purposes of computing overtime.

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ARTICLE 23 CLASSIFICATIONS

Section 23.1

Full-time are those employees who regularly work an average of up to forty (40) hours or more a week.

Section 23.2

Part-time 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 23.3

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.

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ARTICLE 24 GENERAL PROVISIONS

Section 24.1

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

Section 24.2

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 24.3

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

Section 24.4

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 24.5

Employees shall receive a fifteen (15) minute paid break for every four (4) hours worked, and a thirty (30) minute unpaid lunch break for every eight (8) to twelve (12) hours worked.

During the thirty (30) minute unpaid lunch break, employees shall be freed from all duties.

Section 24.6

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.

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Section 24.7

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 24.8

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 24.9

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

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ARTICLE 25 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.

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ARTICLE 26 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.

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ARTICLE 27 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 condition 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.

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ARTICLE 28 EMPLOYER REGULATIONS

Section 28.1

Any rules, regulations, or directives, which are now in effect, or which may be later imposed upon the Employer, by its Client, 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 Employer Rules and Regulations, notwithstanding any possible conflict with any provisions of the Agreement.

Section 28.2

Copies of rules, regulations, directives, and changes will be made available immediately to the Union. The Employer will make a good faith effort to provide the documentation prior to implementation.

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ARTICLE 29 DRUG & 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 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.

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ARTICLE 30…

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