9th Circuit E. Ca (Sac)(UGSOA, Local 57) CBA (2022-25).pdf

CBA Between Centerra and UGSOA Local 57 (August 10, 2022 through September 30, 2025)

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

CENTERRA GROUP, a Constellis Company

AND

UNITED GOVERNMENT SECURITY OFFICERS

OF AMERICA

INTERNATIONAL UNION

AND

UNITED GOVERNMENT SECURITY OFFICERS

OF AMERICA

LOCAL 57

For the Eastern District of California in the City of Sacramento

August 10, 2022 through September 30, 2025

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1. Recognition and Bargaining Unit

1.2. Intent

1.3. Definitions

1.4. Negotiating Committee

1.5. Stewards

ARTICLE 2: NO STRIKES & NO LOCKOUTS

2.1. No Strikes

2.2. No Lockouts

ARTICLE 3: SENIORITY

3.1. General Provision

3.2. Shift Bidding

3.3. Union Seniority Lists

3.4. Personal Data

3.5. Managerial and Salaried Personnel

3.6. Transfer out of Unit

ARTICLE 4: LAY-OFF, RECALL, & TEMPORARY POST ASSIGNMENT

4.1. Lay-off

4.2. Recall

4.3. Recall Rights

4.4. Miscellaneous

4.5. Reduction of Hours

4.6. Temporary Post Assignments & Travel for Training

ARTICLE 5: UNION SECURITY & MEMBERSHIP

5.1. Union Membership

5.2. Membership Requirements

5.3. Non-Compliance

5.4. Condition of Employment/Membership

5.5. Dues Deduction

5.6. Schedule of Dues

5.7. Indemnification

ARTICLE 6: GRIEVANCE & ARBITRATION

6.1. Timeliness and Probationary Employees

6.2. Grievance Procedures

6.2.1. Step One – Notice to District Supervisor

6.2.2. Step Two – Notice to Contract Manager

6.2.3. Step Three – Notice to Director of USMS Operations

6.3. Grievance for Discipline Resulting in Time-off

6.4. Arbitration Procedure

6.4.1. Neutral Arbitrator

6.4.2. Arbitrator Selection

6.4.3. Commencement of Arbitration

6.4.4. Arbitrator’s Decision

6.4.5. Cost Assessment

6.5. Group Grievances

6.6. No Individual Arbitration

6.7. Miscellaneous Provisions

ARTICLE 7: WORK SCHEDULE & HOURS OF WORK

7.1. Work Hours

7.2. Additional Hours and/or Overtime Assignment

7.3. Meal Breaks

7.4. Relief Breaks

7.5. Schedule Changes

7.6. Filling Vacancies

7.7. Workweek

7.8. Training

7.9. Days Off

7.10. Call-In Pay

7.11. Shared-time Employees

7.12. Scheduling Error

ARTICLE 8: PAY DAYS

8.1. Pay Day

8.2. Courthouse Closure

8.3. Undisputed Errors

ARTICLE 9: HOLIDAYS

9.1. Holidays Defined

9.2. Miscellaneous Holiday Provisions

ARTICLE 10: VACATIONS

10.1. Vacation Accruals

10.2. Cash Out

10.3. Scheduling

10.4. Unused Vacation Hours

10.5. End of Employment

10.6. Laid-Off Employees

10.7. Increments

ARTICLE 11: LEAVES OF ABSENCE

11.1. Limitations

11.2. Medical Leave

11.3. Military Leave

11.4. Union Leave

11.5. Bereavement Leave

11.6. Family Medical Leave

11.7. Processing Leave Requests

11.8. Jury Duty

11.9. Voting

11.10. Personal/Sick Leave

11.11. Donation of Vacation

ARTICLE 12: WAGES

ARTICLE 13: MISCELLANEOUS PROVISIONS

13.1. Discipline/Discharge for Just Cause

13.2. Union Bulletin Board

13.3. Physical/Medical Examinations - Medical Follow-ups

13.3.1. Biennial Physical/Medical Examinations

13.3.2. Follow-Up Physical/Medical Examinations

13.3.3. Requirement to Pass Physical Exam

13.3.4. Compensation for Time Spent Undergoing Required Examination & Follow-ups .. 26

13.3.5. Company Reimbursement

13.3.6. Compensation for Time Spent Undergoing Examination (out of cycle)

13.3.7. Payment for Travel

ARTICLE 14: UNIFORMS

14.1. Uniform Policy

14.2. Uniform Maintenance

ARTICLE 15: HEALTH & WELFARE AND RETIREMENT PLANS

15.1. Health and Welfare

15.1.1. Full-time Employees

15.1.2. Shared-time Employees

15.2. Plan Design

15.3. Other Benefits

15.4. Miscellaneous

ARTICLE 16: SAFETY

ARTICLE 17: CLIENT REQUIREMENTS & DIRECTIVES

ARTICLE 18: SEPARABILITY OF THE CONTRACT

ARTICLE 19: ENTIRE AGREEMENT

ARTICLE 20: DURATION

ARTICLE 21: COMPANY-UNION COOPERATION

ARTICLE 22: MANAGEMENT RIGHTS

22.1. General

22.2. Mandatory Bargaining

SIGNATURE PAGE

APPENDIX A: ECONOMICS

Wages:

Pension:

Instructor Pay:

Shift Differential:

Health & Welfare:

Holidays:

Paid Personal/Sick Leave:

PREAMBLE

THIS AGREEMENT is by and between Centerra Group, a Constellis Company (“Centerra” or the “Company”), and the International Union, United Government Security Officers of America and its Local 57 (the “Union”). This Agreement covers all applicable Court Security Officers employed in support of the USMS Government Service Contract for the 9th Judicial Circuit with the Company.

All non-economic portions of this Agreement are effective on August 10, 2022. All economic portions of this Agreement are effective on October 1, 2022.

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1. Recognition and Bargaining Unit

The Company recognizes the Union as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to wages, hours of work, overtime, leave, benefits, grievance procedures, and other conditions of employment stated in this Agreement for all full-time and part-time personnel under its contract with the U.S. Government. At present, persons working under the following classifications are considered employees covered for the purposes of this

Agreement:

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

Lead Court Security Officers (LCSOs) employed by the Company in the 9th Circuit consisting of

UGSOA Local 57 in the Eastern District of the State of California, in the city of Sacramento, excluding all other employees including District Supervisors, office clerical employees and professional employees as defined in the National Labor Relations Act.

1.2. Intent

It is the intent of the parties hereto that this Agreement shall serve to establish and maintain harmonious labor relations that will be applied and interpreted fairly between the Company and the Union. Furthermore, the intent is to set the wages, hours of work, leave, benefits, grievance procedures, and other conditions of employment as set forth in this Agreement for all full-time and share-time USMS contract personnel employed by the Company.

The Union retains the right to work with dignity and respect, regardless of race, color, national origin, ethnic background, gender, sexual preference, or religion, in accordance with all Federal, State and Local laws, regulations or ordinances.

The Company intends to follow local, state, and federal law in connection with this Agreement.

employees may be entitled to wages, benefits, and/or working conditions under local, state, or federal law that are not covered by this Agreement. To the extent such wages, benefits, and/or working conditions are available to employees in a specific local, such entitlements will be provided to the extent that they have not been altered or waived pursuant to this agreement.

1.3. Definitions

Agency Service Fee: A prescribed amount of money to be paid by non-Union members on a monthly basis.

Agreement: This Collective Bargaining Agreement (CBA).

Agreement Term: CBA effective dates and any extensions thereto.

Break: A relief period provided to an on-duty employee.

Business Day(s): Monday through Friday excluding holidays and government directed changes and/or closures.

Collective Bargaining Unit (CBU): All full-time and shared-time position Court Security

Officers (CSOs) and Lead Court Security Officers (LCSOs) employed by the Company in the 9th

Circuit consisting of UGSOA Local 57, in the Eastern District of the State of California, in the following cities: Sacramento & Redding, excluding all other employees including District

Supervisors, office clerical employees and professional employees as defined in the National

Labor Relations Act.

Company: Centerra Group, a Constellis Company

Contract: The government contract between Centerra Group, a Constellis Company, and the

United States Marshals Service to provide Court Security Officer services in the 9th Judicial

Circuit.

Contract Manager: Senior Employer representative responsible for the management of the

Employer’s contract with its client.

Date of Hire: The date recognized by the Company pursuant to the Service Contract Act (e.g., 29 CFR 4.173) as the employee’s contract seniority or anniversary date.

Employee: A Centerra Group employee.

Full-Time Employee: An employee who is designated as a full-time by the Company.

Government-Directed Change: Any direction given to the Company by the United States

Marshals Service or other U.S. Government agency which affects the staffing or scheduling of employees on the Contract. These changes include, but are not limited to, post closures, post start-ups or modifications, modified post staffing requirements, government-directed employee transfers or removals, final denial of Security Clearance, or any other changes.

Grievance: An action filed by the Union or an employee concerning the application, interpretation, or alleged violation of a portion of this Collective Bargaining Agreement.

Holdover: A situation where an officer is required to work additional hours, beyond those hours originally scheduled or agreed to in advance of standing post.

Holidays: Those days specifically designated in this Agreement.

Initiation Fee: A prescribed amount of money to be paid one-time by new Union members.

Licenses and Permits: Documents issued by Federal, State, or Municipal authorities allowing an employee to perform security work within a certain jurisdiction.

Overtime: Wages paid at the rate of 1½ times the employee’s regular rate for all hours worked in excess of forty (40) hours per workweek.

Shared-Time Employee: An employee who occupies a shared-time position.

Probationary Employee: An employee with six (6) months or less of employment from the date of hire or thirty (30) days following the completion of Phase II training, whichever is shorter.

Security and Suitability Clearance: Appropriate personnel security clearance level granted by the U.S. Government to an employee to work on the Contract.

Steward: An elected or appointed Union official representing Union members.

Straight-Time Hours: Straight-time hours include all hours paid at the straight-time hourly rate.

Straight-time hours do not include hours paid at overtime and/or double-time rates or hours associated with vacation or personal/sick leave paid in lieu (e.g., cashed out).

Union: The Union and its Local as described in this Agreement.

Union Dues: A prescribed amount of money to be paid by Union members on a monthly basis.

Union Seniority: Length of time of service measured from the date one joins the recognized bargaining unit and as established by the Union.

Workday: Any day, Sunday through Saturday, including holidays, which an employee may be required to work.

Worksite: 1 - 501 I Street, Sacramento

1.4. Negotiating Committee

The Company agrees to recognize a Negotiating Committee composed of up to three (3) members and one alternate selected by the Union to represent the employees in collective bargaining negotiations. If necessary, the Company agrees to release these individuals from duty assignments to participate in collective bargaining negotiations. The Union agrees to provide the

Company with one week of advance notice of any meetings unless there is a requirement for an emergency negotiating meeting.

1.5. Stewards

The Company agrees to recognize a Union Steward program. The Union agrees that Stewards and Union representatives will not conduct Union business while on duty. The Union agrees that

Stewards and Union representatives will not conduct Union business with any employee who is on duty unless the employee is on an official unpaid break. No meeting can take place in any federal court location without prior permission of either the USMS or GSA and prior notification to the Company. It shall not be the intent of the Company to deny Union officials’ reasonable authorized access.

If an employee, who is the subject of the investigation, and could as a result of the investigation be disciplined, requests a Steward to be present during a disciplinary or investigatory process, the

Company will allow the Steward to be present, provided the employee returns within one business day with such Steward. If the Company uses an alternative medium, such as video, video teleconference, etc. to conduct formal investigative discussions with an employee who is the subject of investigation, and the employee could be subject to discipline as a result of that investigative discussion, the Company agrees that the use of alternative medium methods will conform to the application of an employee’s Weingarten Rights. The Company agrees that the

Union shall be given the opportunity to be present during the alternative medium discussion and a notice of formal investigations will be provided at least one business day in advance. The notice will include at a minimum the nature of the charges regarding the disciplinary investigation.

For the purpose of this section and to allow for the timely response to an immediate and significant threat to the security of the United States or the safety of individuals, the presence of the Shop Steward during the investigation of that threat will not be required as long as the threat exists.

ARTICLE 2: NO STRIKES & NO LOCKOUTS

2.1. No Strikes

Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s security operations. Therefore, so long as this Agreement is in effect, the Union and the Company agree that there will be no strikes, lockouts, work stoppages, illegal picket lines, slowdowns, or secondary boycotts. The Union will not cause, nor permit its members to cause, nor will any member of the Union take part in, any strike, including a sympathy strike, slowdown, stoppage of work, planned inefficiency, or any other curtailment of work or restrictions or interference with the Company’s or Government’s operations for any reason whatsoever at sites defined under Article 1, Section 1, nor will the Union authorize or sanction the same.

Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any curtailment of work or restriction or interference with the operation of the Company, the

Union shall take affirmative action to avert or bring such activity to a prompt termination.

2.2. No Lockouts

During the life of this Agreement, the Company shall not lockout any employees covered in this

Agreement.

ARTICLE 3: SENIORITY

3.1. General Provision

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

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

(b) “Worksite Seniority” shall be the length of continuous services within the worksite and shall be tracked on a list maintained by the Union and may differ from the employee’s “Contract

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

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

(d) Unit seniority shall be applicable in all matters not specifically addressed below in worksite seniority.

(e) Worksite seniority shall apply for the purpose of the order of layoff and recall, approving vacations, duty post assignments, temporary assignments, extra work, assigning overtime, and filling vacancies.

(f) Unit and worksite seniority shall not accrue until an employee has successfully completed the probationary period, at which time the seniority date shall revert to the first day worked within the unit at a defined bargaining unit worksite.

(g) Should multiple employees be hired on the same date at a worksite in the bargaining unit, seniority shall be resolved by a coin flip.

3.2. Shift Bidding

Once a year, full-time employees and shared-time employees at each location may, at the request of the Local, bid their shift schedules among designated full-time assignments or shared-time assignments in the order of seniority. Shift bidding may not lead to any change in status from fulltime to shared-time position or vice versa.

Additionally, once a year in the month of March, full-time employees at each location may, at the request of the Local, bid their shift schedules among designated full-time assignments in the order of seniority.

3.3. Union Seniority Lists

An employee list shall be furnished by the Company at the request (no more frequently than once a quarter) of the Union to the proper Union officials. An employee’s standing on the posted

Union Seniority list will be final unless protested in writing to Contract Manager no later than thirty (30) calendar days after the list has been posted. Upon request, the Company will send a monthly new hire and attrition list to the Union officials.

3.4. Personal Data

Employees shall notify the Company in writing of their proper mailing address, email address (to be utilized for security clearance, courtesy notices from the Learning Management System access, benefit communications, on any employee opt-in basis, or as provided by law), and primary contact numbers. Employee’s will notify the Company of any change of name, home or email address, phone number, or other pertinent data on the first returned day to work after the change. Notifications will be made to the employees’ immediate supervisor and to the District

Supervisor. The Company shall be entitled to rely on the data supplied by the employee. The

Union will contact employees at the Company’s request to assist in getting the required data or information.

3.5. Managerial and Salaried Personnel

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

“Managerial and Salaried employees” as used in this Agreement refers to District Supervisors, Contract Manager, and Company representatives. Leads and Senior Lead Court Security Officers are not considered management.

3.6. Transfer out of Unit

Any bargaining unit employee who is promoted to a non-bargaining unit position for more than four consecutive weeks shall lose their Union seniority, unless extended by mutual agreement between the company and the union. If they return to the bargaining unit at a later date their seniority will start on that return date.

ARTICLE 4: LAY-OFF, RECALL, & TEMPORARY POST ASSIGNMENT

4.1. Lay-off

Should the Company determine it necessary to lay-off employees in a locality, the Employer shall lay-off employees, at the affected worksite, in the following manner:

(a) Employees voluntarily agreeing to be laid-off.

(b) Probationary employees in reverse seniority.

(c) Non-probationary employees in reverse seniority.

4.2. Recall

Employees who have been laid-off will be recalled in the reverse order in which they were laid off. Laid-off employees shall be notified, at their last known address, in order of seniority to report to work. The notice will be by certified mail, return receipt. In the event an employee, so notified, fails to contact the Employer within five days after receipt of such notice, or fails to report for work on the date specified this shall cause the recall notice to expire and the affected employee shall have no further recall rights.

It is the responsibility of any laid-off employee to keep the Employer notified of any change of address.

4.3. Recall Rights

Laid-off employees shall have recall rights for a period of twelve (12) months and shall continue to accrue seniority for the entire duration of such lay-off.

4.4. Miscellaneous

Laid-off employees are not eligible for any compensation or Employer paid fringe benefits (other than unemployment compensation) during their periods of lay-off.

4.5. Reduction of Hours

In the event of a reduction in work hours, the Company will reduce the number of hours first by soliciting volunteers, followed by probationary officers then shared time hours. Should additional hours need to be reduced, then full time hours would be reduced. Prior to the reduction of hours of full-time employees, the Company will provide the Union with as much advance notice as possible and meet with the Union to negotiate the impact of the staff reduction plan as is outlined herein.

4.6. Temporary Post Assignments & Travel for Training

In the interest of maintaining continuous operations, the Company may temporarily assign an employee to a vacant or new position until the job is filled in accordance with this Agreement or assign an employee to a position that is part of a temporary security assignment directed by the

USMS, including temporarily assigning an employee to a work site within or outside of the area defined by this Agreement.

To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to employees regularly assigned to the site to which they are being assigned, or their regular hourly wage they receive at their regular site under this agreement, whichever is greater.

In addition, Employees will be paid milage to and from the temporary assignment at the GSA current rates for milage and their hourly wage for time spent in travel in excess of their normal commute to their regular site, and if the assignment is more than fifty (50) miles one-way from their regular site the employee will be provided a per diem allowance in accordance with the

GSA current rates for the defines area (no per diem will be provided for non-overnight travel).

Should the travel be to a location more than 100 miles one way from their regular site the employee will be reimbursed accommodation expense up to the GSA published lodging limits for the area.

Temporary assignments will be limited to thirty (30) consecutive calendar days as long as scheduling and manpower allow or as agreed to, in writing, between the Union and Company. If the temporary assignment need continues beyond the initial thirty (30) day’s, the selection process will be completed again for each additional thirty (30) consecutive calendar day period.

ARTICLE 5: UNION SECURITY & MEMBERSHIP

5.1. Union Membership

An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten (10) days after the 30th day following the effective date of this Agreement or within thirty (30) days after the 30th day following the employee’s date of hire, whichever is later. As a further condition of continued employment, an employee shall remain a member of the Union, except as otherwise provided in this Article.

5.2. Membership Requirements

Employees meet the requirement of being members of the Union, within the meaning of this

Article, by tendering the periodic Union 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 Agency Service Fees, 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). The obligations set forth in this Article shall only be effective to the extent permitted by controlling law.

In the event that a legal challenge to any provision of this Article is formally filed with an agency or court of competent jurisdiction, and that agency or court of competent jurisdiction accepts the legal challenge, the Company may suspend its obligations under this Article “as specifically ordered to do so” pending the formal decision of the agency or court of competent jurisdiction in reference to filed legal challenge. This action will only be taken after conferring on the matter with the Union.

5.3. Non-Compliance

In the event the Union requests discharge of an employee in a non-Right to Work State for failure to comply with the provisions of this Article, it shall serve written notice on the Company requesting that the employee be discharged effective no sooner than two weeks after the date of that notice. The notice shall also contain the reasons for discharge. Pursuant to this section, before an employee is discharged for non-compliance the employee must first be notified by the

Union in writing, via registered mail to the last address the employee has on file with the

Company, to pay the prescribed Initiation Fee and/or Union Dues. The Union, upon requests from the Company, will provide proof of such notice being delivered to the employee. If the employee pays the delinquent Initiation Fee and/or Union Dues within two weeks after receipt of notification, the employee will not be discharged. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Company and the Company will not be required to discharge that employee.

5.4. Condition of Employment/Membership

An employee shall be required, as a condition of employment in a non-Right to Work State, to pay money to the Union, or to become a member, or continue membership in the Union.

An employee shall be required, as a condition of Union membership in a right to work state to pay money to the Union, or to become a member, or continue membership in the Union.

5.5. Dues Deduction

The Company agrees to deduct dues as designated by the Union on a per monthly basis from the second paycheck of the month of each member of the Union. These deductions will be made only upon written authorization from the employee on a form provided by the Union. The employee may revoke such authorization after a period of one (1) year, given that any such revocation shall be submitted to the Company via a signed written notice no later than fifteen

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

The Company will remit all such deductions to the designated Union representative within fifteen (15) business days from the date that the deduction was made, via hard copy check. The

Company shall furnish the designated Union representative with a deduction list, setting forth the name and amount of dues with each remittance. The Union agrees to hold the Company harmless from any action or actions initiated by an employee against the Company growing out of these deductions. The Union assumes full responsibility for the disposition of the funds so deducted once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, provided such errors are unintentional and corrected when brought to the Company’s attention.

5.6. Schedule of Dues

The Union will promptly furnish to the Company a written schedule of the Union Dues, Initiation Fees, and Agency Service Fees. The Union also agrees to promptly notify the

Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the 15th day of the month proceeding the date that deductions are to be made.

5.7. Indemnification

Upon demand of the Company, the Union agrees to defend and indemnify the Company against any loss or claim, which may arise as a result of the Company’s compliance with the Union membership or check off Articles. In addition, the Union agrees to return to the Company any erroneous or improper overpayment made to it.

ARTICLE 6: GRIEVANCE & ARBITRATION

6.1. Timeliness and Probationary Employees

The number of business days outlined in this Agreement shall establish the maximum time allowed for the presentation and processing of a grievance. However, extensions of time may be granted in writing by mutual agreement between the Company and the Union. Furthermore:

(a) While it is the intent of the Company to respond to grievances in a timely manner, if the

Company fails to respond within the time period allotted for a specific step, the grievance may be treated by the Union as denied at that step and the Union may proceed to the next step.

(b) If the Union fails to respond or move the grievance to the next step in the process within the time period allotted for a specific step, the grievance will be treated by the Company, Union and the employee as withdrawn and removed from the grievance process.

The Union will represent probationary employees for problems concerning wages, hours, fringe benefits, allowances, and defined leave and working conditions. The Company reserves the right to decide questions relating to scheduling, transfers, layoffs, or discharge of probationary employees without recourse to the grievance process. After the probation period, employees will receive any and all benefits pertaining to the Union and this Agreement. Employees are eligible for Health and Welfare fringe benefits plans beginning on their date of hire.

6.2. Grievance Procedures

All grievances shall contain, at a minimum:

(a) The facts giving rise to the grievance.

(b) The date and time the grievance allegedly occurred.

(c) The provisions of the Agreement alleged to have been violated.

(d) The name(s) of the aggrieved employee(s).

(e) The exact remedy sought.

All grievances shall be signed (electronic mail acceptable) and dated by the designated Union official, at the time of filing. All written answers submitted by the Employer shall be signed and dated by the appropriate Employer representative and shall be presented to the aggrieved employee and the Union.

All grievances shall be processed and presented in accordance with the steps outlined below.

Grievances shall be resolved or unresolved at each step.

6.2.1. Step One – Notice to District Supervisor

Within ten business days after the occurrence of an event upon which a grievance is based, the grieving employee having a grievance and/or Steward will submit the grievance in writing to the District Supervisor or his designee. The District Supervisor or his designee shall respond in writing to the grievance within ten (10) business days after submission of the grievance. If the grievance is not settled, it may be appealed in writing to Step Two within ten (10) business days after receipt of the District Supervisor’s response.

6.2.2. Step Two – Notice to Contract Manager

If the matter is appealed to Step Two, a meeting will be held between the grievant, Steward, and the Contract Manager or his designee within ten (10) business days of receipt of the appeal.

It is agreed that this meeting shall be held telephonically. The Contract Manager or his designee shall render a written response within ten (10) business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to Step Three within ten (10) business days after receipt of the Contract Manager’s or his designee’s response.

6.2.3. Step Three – Notice to Director of USMS Operations

If the matter is appealed to Step Three, a meeting will be held between the grievant, Steward and Director of USMS Operations or his designee within ten (10) business days of receipt of the appeal. It is agreed that this meeting shall occur telephonically. The Director of USMS

Operations or his designee shall render a written response within ten (10) business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to arbitration.

It is agreed that service of appeal to the next step, or response(s) to a grievance may be made by either party via email.

6.3. Grievance for Discipline Resulting in Time-off

Grievances resulting from employee time-off discipline may be initiated at Step Two.

6.4. Arbitration Procedure

Grievances that have been timely processed in accordance with the requirements of the previous paragraphs and remain unsettled shall be processed in accordance with the following procedures and limitations.

If a grievance is not settled at Step Three, the Union may appeal the matter to arbitration. Notice of the appeal to arbitration must be served to the Company’s Director of Labor Relations no later than thirty (30) business days after the Union receives the Company’s Step Three response. It is agreed that said notice may be made by email. Such notice shall identify the provisions of the

Agreement allegedly violated and shall set forth such facts and circumstances as will provide the

Company with reasonable notice of the nature of the grievance.

6.4.1. Neutral Arbitrator

The moving party shall request the Federal Mediation and Conciliation Service (“FMCS”) to furnish a list of seven available arbitrators. The moving party shall request the panel within ten

(10) business days of the appeal to Arbitration. Each party shall have a one-time right to reject an arbitration panel. The party rejecting a panel shall be responsible for obtaining a new one from the FMCS.

6.4.2. Arbitrator Selection

Within twenty (20) business days after receipt of the list of arbitrators, the representatives of the

Union and the Company will alternately strike names from the list of available arbitrators. It is agreed this meeting shall be held telephonically. The moving party shall be the first to strike from the list of arbitrators. The last remaining name on the list shall be the arbitrator to hear the case.

6.4.3. Commencement of Arbitration

The arbitrator shall commence the hearing at the earliest possible date, if possible, no longer than six (6) months from their engagement.

6.4.4. Arbitrator’s Decision

The decision of the arbitrator shall be final and binding upon the parties to the agreement. The decision of the arbitrator shall be rendered within 120 days after the conclusion of the arbitration hearing. Any decision made by the arbitrator shall be complied with without undue delay. It is understood and agreed to by the Union and the Company that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.

6.4.5. Cost Assessment

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

6.5. Group Grievances

The Union shall have the right to file a group/class action grievance on grievances involving more than one employee. Group grievances shall be initiated at Step Two.

6.6. No Individual Arbitration

No individual employee may move a grievance to arbitration; this can only be done by the

Union.

6.7. Miscellaneous Provisions

The limits set forth herein may be extended in writing only by mutual agreement between the

Local Union or International Union and the Company Director of USMS Operations, or his designee. When the Union withdraws a grievance, the Company will be notified of such action in writing.

ARTICLE 7: WORK SCHEDULE & HOURS OF WORK

7.1. Work Hours

For the purposes of this Article, a regular workweek of up to forty (40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time employees. Shift shall be defined as the start and end times, of the employee’s workday. Shifts shall be designated at the discretion of the Company to fulfill the needs of the USMS. Any changes in shifts must be negotiated with the Union prior to implementation of any such changes unless necessary to meet

USMS coverage requirements.

Nothing contained herein shall guarantee to any employee any number of hours of work per day or week.

Every employee shall receive a minimum of eight (8) hours in an off-duty status between scheduled shifts. For example: an employee is scheduled to work from 1400 hours to 2200 hours, the employee shall not be required to return to duty until at least 0600 hours on the following day. Compliance with this section is not required in the event of an emergency, or if the employee waives the required eight (8) hours in an off-duty status in this circumstance.

7.2. Additional Hours and/or Overtime Assignment

Additional hours or overtime will be offered by seniority (within the worksite first) on a rotating basis. Hours will be distributed as equitably and fairly as practicable among employees.

If directed to work additional hours or overtime, and the seniority system is not invoked due to shortness of notice to the Company, the employee shall be required to do the work, unless the employee is excused by the Company. When an employee is on duty and is held over, the employee is required to remain on duty regardless of post assignment. An employee may refuse the additional work, but should all available employees refuse, the least senior employee may be ordered to work the assignment.

Other than training, when an employee is scheduled for additional time for a special assignments or similar events, the employee shall be paid or worked no less than four (4) hours if the assignment is estimated to last longer than four (4) hours. (This shall not be applicable to situations where an employee has been held over on a shift. In this case, the employee would be compensated for the actual hours worked.)

7.3. Meal Breaks

A thirty-minute unpaid period of time is provided to employees who work in excess of a four-hour shift. However, employees will be paid for their meal break if the meal break is missed and the reason for the missed meal break is not the fault of the employee. The employee shall formally notify his or her supervisor using the missed break form on the same day that the employee missed the meal break.

7.4. Relief Breaks

There shall be two (2) 15-minute paid rest periods for each eight-hour shift. These rest periods require that the employee be properly relieved before leaving their post. One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. Rest periods and lunch periods may be combined to give a one-hour lunch break if pre-approved by the District Supervisor. The combining of breaks is strictly at the Company’s discretion.

The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement.

7.5. Schedule Changes

Employees may initiate mutual changes to the published schedule by submitting the request to trade shifts in writing to the Company’s designated scheduler. Any schedule changes resulting in overtime must be approved by the Company’s District Supervisor.

7.6. Filling Vacancies

(a) If a vacancy occurs in a position covered by this Agreement or a new position is added to a worksite covered by this Agreement and the Company chooses to fill the position, the job will be posted for a period of three (3) calendar days at all locations within the Local.

(b) When a vacancy is posted, the Company will fill the vacancy with the most senior bargaining unit Employee whom has applied for the vacancy in writing. Any additional transfers resulting from filling the initial vacancy will be completed within this same three (3) calendar day window, without the requirement to post any additional three (3) day notices. In addition, any schedule (e.g., reporting time) changes resulting from filling a vacancy will be completed within this same three (3) calendar day window, without the requirement to post any additional three (3) day notices. Once the aforementioned three (3) calendar day period has closed, any remaining vacancy will be filled at the Employer’s discretion. This Article does not apply to

Lead Court Security Officer vacancies.

7.7. Workweek

The workweek shall be from 0001 hours Sunday to 2400 hours Saturday.

7.8. Training

Employees are required to attend all training mandated by the Company. Employees will be paid their regular wage plus all fringe benefits and allowances, consistent with this Agreement.

7.9. Days Off

The Company will schedule days off in accordance with approved shift bid results.

7.10. Call-In Pay

In the event an employee is called into work during a period of scheduled time off (excluding a period of holdover), the employee shall be guaranteed a minimum of four (4) hours work paid at the employee’s regular rate of pay, and overtime will apply as stipulated in this Agreement. The employee must remain on duty to receive the four (4) hours of pay provided there is four (4) hours of work available, if work is not available the employee will be released and compensated for the full four hours at the discretion of the District Supervisor.

When an employee is contacted off duty for additional hours, the employee may initially refuse the assignment subject to the assignment of the required hours to another officer. Should all officers refuse, the least senior officer shall be required to work and cannot refuse subject to disciplinary action.

7.11. Shared-time Employees

Shared-timed position employees may be required to work additional assignments outside of their normal shared-time schedule as their assigned worksite as required by the Company. The

Company will give the shared-time position employee the maximum possible notice for schedule changes. Failure to report to work when so scheduled or called to work may result in disciplinary action as outlined in Article 13 (13.1.) of this Agreement.

7.12. Scheduling Error

The Company agrees to pay an employee four hours of their base hourly wage if the employee is sent home because of a mix up in the schedule (the employee reports as scheduled) or the

Company may assign the employee to any available post. If two (2) employees show up for work for the same post the most senior person will work the post and the least senior person will be sent home with four (4) hours of pay or the least senior person may be assigned to work any available post. An employee may elect to return home and will only be compensated for actual time worked.

ARTICLE 8: PAY DAYS

8.1. Pay Day

Paydays shall be bi-weekly, every other Friday, following the two-week pay period ending on

Saturday, subject to change by mutual agreement. The Company will pay employees via direct deposit, so long as the employee has agreed in writing.

The Company shall be held harmless if an employee chooses not to be paid via direct deposit if the delivery of their paycheck is delayed (e.g., weather delay, etc.) through no fault of the

Company.

8.2. Courthouse Closure

The Company recognizes the fact that there are times when inclement weather, a natural disaster, or any other planned or unplanned event may close a courthouse or government building where its employees are assigned.

In the event that a closing occurs after the employees arrive for work, the employees will be guaranteed a minimum of four hours of work or four (4) hours of compensation where work is not available. Employees will then be excused and may use personal leave, vacation leave, or leave-without-pay for the remaining hours or may volunteer to work available hours at an open facility within their area following the seniority provisions. Voluntary assignment at an alternate worksite will not displace permanently assigned personnel at that worksite regardless of seniority dates.

8.3. Undisputed Errors

Neither the Company nor the employee will be allowed to go back more than twenty-four (24) months to audit, adjust, or correct undisputed errors involving vacation pay, sick/personal leave pay, or salary issues unless required to do so by order. If an error is found, the employee shall be notified in writing prior to any deductions from his/her paycheck.

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

Company’s attention, in writing.

Any pay errors identified that are not the fault of the employee, involving eight (8) or more hours of pay, will be paid (and received) within five (5) business days from when the employee submits the discrepancy to the District Supervisor in writing. The discrepancy must be submitted using a company supplied pay discrepancy form along with supporting documentation. All other discrepancies will be corrected with the following pay period after the error has been submitted in writing.

Discrepancies in regard to benefit allocations will first be presented to the District Supervisor in writing with any supporting documentation. Should the employee fail to receive a resolution or response to the dispute within ten (10) business days of the submission, the employee shall be able to make direct contact with the Company representative designated by Company.

ARTICLE 9: HOLIDAYS

9.1. Holidays Defined

Designated holidays are outlined in Appendix “A” of this Agreement.

9.2. Miscellaneous Holiday Provisions

(a) Any employee who works as scheduled on a holiday shall receive the employee’s appropriate rate of pay for all hours worked, and in addition, shall receive eight (8) hours holiday pay at the straight time rate.

(b) A full-time position employee who is not required to work on a holiday shall be paid eight (8) hours straight-time, excluding any shift premium for that holiday.

(c) A shared-time employee who does not work a holiday shall receive prorated holiday pay based on the number of straight time hours the employee is paid during the two-week pay period prior to the pay period in which the holiday occurs. A shared-time employee shall be granted a minimum of four (4) hours pay per holiday.

(d) In the event that the holiday falls on a weekend, the term “holiday” will refer to the day that the U.S. Government designates as the holiday.

(e) An employee who performs no work during the workweek because he is on paid vacation or any other paid leave of absence or vacation leave without pay due to a Service Contract Act cash-out of benefit balance in accordance with a contractor change in accordance with the terms of this Agreement, is entitled to holiday pay and will not be charged with a vacation day for the day of the holiday observed.

(f) An employee who performs no work during the workweek because he is on unpaid leave of absence in accordance with the terms of this Agreement is not entitled to any holiday pay.

ARTICLE 10: VACATIONS

10.1. Vacation Accruals

Employees shall be entitled to annual vacation pay. Vacation entitlements are determined by an employee’s date of hire and continuous service, notwithstanding breaks in Union Seniority on the contract. An employee’s date of hire and continuous service are inclusive of service with previous employers providing this same service, under the same contract.

Employees shall be entitled to a block grant of vacation after completion of each year of service

(“anniversary year”) according to the following accrual rate multiplied times straight-time hours paid at the regular rate of pay, during the anniversary year, capped at forty (40) hours per week and 2080 per anniversary year:

Years of Service Accrual Rate Not to Exceed

1 Year 0.042038 per hour 80 hours

5 Years 0.063058 per hour 120 hours

10 Years 0.084077 per hour 160 hours

15 Years 0.105097 per hour 200 hours

20 Years 0.126116 per hour 240 hours

Vacation leave shall be awarded annually. It is therefore agreed and understood, that no hours shall be considered accrued, vested or in any manner available for use or pay until the vacation hours are awarded on each employee’s anniversary date.

Employees will not be able to use vacation entitlements until they have completed each twelve (12) months of employment. Vacation entitlement calculations will be measured from the end of the pay period in which the date of anniversary falls and shall include the twenty-six (26) previous consecutive pay periods. It is the intent of the parties to measure the anniversary year from the beginning of to the end of the anniversary pay period for ease of administrative burden.

Vacation entitlements are earned by the year based on the employee’s date of hire. Vacation pay will be paid as vacation entitlements are used.

Earned vacation pay shall be paid on the first full payday following the employee’s return to work after their vacation. Compensation for the vacation period shall be computed at the employee’s classification base rate of pay in effect at the time the vacation is paid.

10.2. Cash Out

Earned vacation pay may be requested at any time during the year in which the vacation benefit was awarded and will be paid in the next pay cycle

10.3. Scheduling

Vacations, insofar as is reasonably possible, shall be granted at the times most desired by the employee, after the employee’s anniversary date. Vacation bidding for full-time and shared-time employees will take place starting October 1st of each year for the following January calendar year. Vacation will be granted based on seniority and after the results of the bidding process.

Vacations requiring more than two weeks will be considered with advanced notice to the

Employees who cash out vacation time are not entitled to participate in the vacation bidding process, nor take vacation during the year unless approved under the guidelines for LWOP as outlined in Article 11.

10.4. Unused Vacation Hours

Vacation entitlements shall not be cumulative from one year to the next. Any earned but unused vacation entitlements remaining on the date of hire anniversary shall be paid to the employee.

Payments will be made on the next full pay period following the end of the year of service.

10.5. End of Employment

When employment ends, employees will be paid at the hourly rate in their final paycheck, for any vacation entitlements that are vested but not used as of the employee’s last anniversary date.