9th Circuit Las Vegas)(2022-25).pdf

CBA Between Centerra and FCSOLV (October 1, 2022 through September 30, 2025)

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

CENTERRA GROUP, LLC, a Constellis Company

AND

FEDERAL COURT SECURITY OFFICERS OF LAS VEGAS

(FCSOLV)

October 1, 2022 through September 30, 2025

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1 Recognition & 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 Site Seniority Lists

3.3 Personal Data

3.4 Probationary Employees

3.5 Managers and Salaried Personnel

3.6 Transfer out of Bargaining Unit

ARTICLE 4: LAY-OFF & RECALL

4.1 Lay-off

4.2 Recall

4.3 Recall Rights

4.4 Miscellaneous

4.5 Reduction of Hours

ARTICLE 5: UNION SECURITY & MEMBERSHIP

5.1 General

5.2 Initiation Fees, Union Dues, & Agency Service Fees

5.3 Dues Remittance

5.4 Indemnification of the Company

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, USMS Operations

6.3 Grievance for Discipline Resulting in Termination

6.4 Arbitration Procedure

6.4.1 Neutral Arbitrator

6.4.2 Arbitrator Selection

6.4.3 Commencement of Arbitration

6.4.4 Arbitrator Decision

6.4.6 Cost Assessment

6.5 Group Grievance

6.6 No Individual Arbitration

6.7 Miscellaneous Provisions

ARTICLE 7: WORK SCHEDULE & HOURS OF WORK

7.1 Hours of Work

7.2 Overtime

7.3 Meal Breaks

7.4 Relief Breaks

7.5 Schedule Changes

7.6 Filling Vacancies

7.7 Workweek

7.8 Training

7.9 Call-in Pay

7.10 Courthouse Closure

7.11. Shared-time Employees

ARTICLE 8: PAY DAYS

8.1 Payday

8.2 Process at End of Employment

8.3 Undisputed Errors

ARTICLE 9: HOLIDAYS

9.1 Holidays Defined

9.2 Miscellaneous Holiday Provisions

ARTICLE 10: VACATIONS

10.1 Vacation Accrual

10.2 Cash Out

10.3 Scheduling Vacations

10.4 Unused Vacation Hours

10.5 Terminating Employees

10.6 Vacation for Laid-off Employees

10.7 Vacation Increments

10.8 Processing Vacation Requests

10.9 Vacation Donation

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 Jury Duty

11.8 Voting

11.9 Personal/Sick Leave

11.10 Personal/Sick Leave Increments

ARTICLE 12: WAGES

12.1 Wages

12.2 Payroll Deductions

ARTICLE 13: MISCELLANEOUS PROVISIONS

13.1 Discipline/Discharge for Just Cause

13.2 Investigations & Furnishing Information

13.3 Union Bulletin Board

13.4 Travel Expenses

13.5 Physical Examinations

13.5.1 Biennial Physical/Medical Examinations

13.5.2 Follow-Up Physical/Medical Examinations

13.5.3 Requirement to Pass Physical Examination

13.5.4 Compensation for Time Spent Undergoing Required Examination and Follow-ups . 28

13.5.5 Company Reimbursement

ARTICLE 14: UNIFORMS

14.1 Uniform Policy

14.2 Uniform Maintenance

ARTICLE 15: HEALTH & WELFARE AND RETIREMENT PLANS

15.1 Health & Welfare

15.1.2 Full-time Employees

15.1.3 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 AGREEMENT

ARTICLE 19: ENTIRE AGREEMENT

ARTICLE 20: DURATION

ARTICLE 21: COMPANY-UNION COOPERATION

ARTICLE 22: MANAGEMENT RIGHTS

ARTICLE 23: MANDATORY BARGAINING

ARTICLE 24: RATIFICATION

SIGNATURE PAGE

APPENDIX “A”: ECONOMICS

Wages:

Shift Differential:

Health & Welfare:

Pension:

Holidays:

Personal/Sick Leave Table:

PREAMBLE

THIS AGREEMENT is by and between Centerra Group, LLC, a Constellis Company (the

“Company”), and Federal Court Security Officers of Las Vegas (“FCSOLV” or the “Union”). This

Agreement covers all applicable Court Security Officers represented by the Union employed in support of contract number 15M200-18-CA-32-0009 pursuant to which the Company provides security at federal court facilities in the United States.

Any economic changes associated with this CBA take effect on October 1, 2022.

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1 Recognition & 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 shared-time employees under contract number 15M200-18-CA-32-0009. 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 Court Security Officers (“CSO”) and Lead

Court Security Officers (“LCSO”) employed by the Company in the 9th Circuit, in the State of

Nevada, under various contracts between the Company and USMS, excluding all other employees including District Supervisors, office clerical employees and professional employees as defined in the National Labor Relations Act.

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

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 shared-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, disability, 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 locale, such entitlements will be provided to the extent that they have not been expressly 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.

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

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

Officers (“CSO”) and Lead Court Security Officers (“LCSO”) employed by the Company in the

9th Circuit, in the City of Las Vegas, excluding all other employees including District Supervisors, office clerical employees and professional employees as defined in the National Labor Relations

Act.

Company: Centerra Group

Company Seniority: Length of service measured from date of hire of an employee by the company, or a predecessor company.

Contract: Contract Number 15M200-18-CA-32-0009 between Centerra Group and the United

States Marshals Service to provide Court Security Officer services in the United States.

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 (29 CFR

4.173) as the employee’s contract seniority or anniversary date.

Disciplinary Action: Any suspension, termination, written reprimand, memorandum, and/or verbal counseling.

Employee: A Centerra Group employee covered by this Agreement.

Facility: The specific building located within the site.

Full-time Employee: An employee who is designated as a full-time employee by the Company and is regularly assigned up to a 40-hour workweek.

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 the Collective Bargaining Agreement.

Holdover: A situation where an employee 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 Appendix “A” of this Agreement.

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

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

Probationary Employee: An employee with six months or less of employment from the date of hire, or less than six months in a new classification with Centerra Group.

Progressive Discipline: Discipline administered in a consistent manner and enforced as specifically prescribed within each category as cited in the written Company disciplinary policy.

Progressive discipline does not apply to violations for which termination is indicated for the first offense.

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

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

Site Seniority: The length of time of service measured from the date of employment of an employee at the worksite.

Steward/Vice President: An elected or appointed Union official representing Union members.

Straight-time Hours: Straight-time hours include regular hours worked, vacation actually taken, holidays, personal/sick leave taken, paid jury duty hours, paid bereavement hours, and training.

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

Union: The Union as described in Article 1, Section 1.1 of 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 of hire of an employee and established by the Union.

Unit: The collective bargaining unit (“CBU”) in which an employee is employed.

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

Worksite/Facility Locations: All facilities within the city of Las Vegas, Nevada.

1.4 Negotiating Committee

The Company agrees to recognize a Negotiating Committee of the President or his designee, Executive Vice-President, Business Agent, and others (usually comprised of unit Vice-Presidents) as may be designated by the Union President to represent employees in all 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 break. The Union agrees to obtain any necessary authorization from the USMS or GSA and provide reasonable notification to the Company before conducting Union meetings in any federal courthouse location. It shall not be the intent of the

Company to deny Union official’s reasonable authorized access.

If an employee, who is the subject of an 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 final investigations will be provided at least one business day in advance. The notice will include, at a minimum, the nature of the charges related to the disciplinary investigation.

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 USMS’ operations for any reason whatsoever, nor will the Union authorize or sanction the same.

Upon learning of any actual or potential 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

Site Seniority shall be the length of continuous service (except breaks in Site Seniority, paragraph two) from the Employee's last date of hire as a member of the CBU for the Company, past or present, and/or any predecessor Company. Site Seniority shall be applicable as set forth below in determining the order of layoff, recall, job postings, shift bid, vacation, scheduled overtime, holidays, and transfers within the contract. For the purposes of shift bidding, vacation schedules, and extra work, Site seniority shall be limited to seniority within the work site. For the purposes of layoff and recall, seniority is extended to the entire Unit.

Any Employee permanently transferred out of the designated Unit for any reason shall lose their

Site seniority as it applies to the order of layoff and recall, shift bidding, vacation schedules, extra work, and other matters as provided for in this Agreement. If a significant reduction in force

(hours) takes place in the term of this Agreement resulting in the elimination of posts, the parties agree to immediately meet and confer with respect to making reassignments of the effected employees considering qualifications and seniority. Except for emergencies and only for the duration of said emergencies changes in assignment of specific shifts and locations within bargaining unit worksite locations will be accomplished through the application of site seniority, shift bidding, as stipulated in this section, and as stipulated in other sections of this agreement.

Once a year, in the month of October, full-time and shared-time employees at each location shall bid their shift assignments among designated full-time assignments and shared-time assignments in the order of seniority. The bid will be based on assignments, start times and facility locations in the order of seniority. The bid will be conducted by the Union on the first day of October of each year. Shift bidding may not lead to any change in status from full-time to shared-time or vice versa.

The Company has two full workweeks to fill a shift or location using a reverse seniority list.

3.2 Site Seniority Lists

A site seniority list including employee’s address of record with the Company shall be furnished by the Company at the reasonable request of the Union to the proper Union officials no later than the seventh of the month during March and September of each Agreement year. An employee’ position on the posted site seniority list will be final unless protested in writing to the Contract

Manager no later than 30 calendar days after the list has been posted. Upon request, the Company will send a new hire and attrition list to designated Union officials.

3.3 Personal Data

Employees shall notify the Company in writing of their proper mailing address, email address, home, and primary contact phone numbers. Employees 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 employee’s 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.

3.4 Probationary Employees

Employees will be considered probationary for a six-month period after their date of hire and for six months after a change in classification. The Union will represent probationary employees for problems concerning wages, hours, fringe benefits, and allowances, 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 probationary 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.

3.5 Managers and Salaried Personnel

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

(a) Managerial and Salaried Personnel as used in this Agreement, refers to District Supervisors, Contract Manager, and corporate representatives.

(b) Lead Court Security Officers, Senior Lead Court Security Officer’s, and District Senior

Lead Court Security Officers are not considered management.

3.6 Transfer out of Bargaining Unit

Any bargaining unit employee who is promoted to a non-bargaining unit position for more than

180 days shall lose their site seniority, from the first day in that position. If they return to the bargaining unit more than 180 days later, they shall regain their Union Seniority date, excluding the time in the non-bargaining unit position upon completion of 365 days back in the bargaining unit.

ARTICLE 4: LAY-OFF & RECALL

4.1 Lay-off

Should the Company determine it necessary to lay-off employees in a locality, the Employer shall lay-off employees, in the affected city, 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 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 12 months and shall continue to accrue seniority for the entire duration of such layoff.

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 layoff.

4.5 Reduction of Hours

In any location(s) where there is a reduction of hours, it shall be done in the following manner:

(a) Employees voluntarily agreeing to be reduced.

(b) Probationary employees in reverse seniority.

(c) Non-probationary shared-time employees in reverse seniority.

(d) Full-time employees in reverse seniority, and only after all shared-time employees have been reduced.

ARTICLE 5: UNION SECURITY & MEMBERSHIP

5.1 General

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.

5.2 Initiation Fees, Union Dues, & Agency Service Fees

The Company will deduct Initiation Fees, Union Dues, and Agency Service Fees from the wages of employees who voluntarily authorize the Company to do so on a properly executed Union authorization for check-off of dues form or applicable payroll deduction form provided by the

Union. Such deductions shall be made from the first paycheck of the month in which the employee has sufficient net earnings to cover the Union Dues or payments. A detailed roster of the contributions and all funds deducted shall be remitted to the Union within 10 business days of payroll deduction.

5.3 Dues Remittance

The Union will promptly furnish to the Company a written schedule of the Union dues, Initiation

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.

5.4 Indemnification of the Company

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 for the processing and presentation of grievances 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.

(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 a 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 aggrieved employee as withdrawn and removed from the grievance and arbitration process.

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

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 employee and 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 10 business days after submission of the grievance. If the grievance is not settled, it may be appealed in writing to Step Two within 10 business days after receipt of the

Contract Manager’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 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 10 business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to Step Three within 10 business days after receipt of the

Contract Manager’s or his designee’s response.

6.2.3 Step Three – Notice to Director, 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 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 10 business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to arbitration.

6.3 Grievance for Discipline Resulting in Termination

Grievances resulting from employee termination may be initiated at Step Two. If a discharge is determined to be without just cause, the terminated employee shall be returned to work without loss of seniority, pay, or benefits.

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 invoke arbitration. Notice of the invocation of arbitration must be served to the Company’s Director of Labor Relations no later than 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 obtain the panel and serve the panel to the other party within 10 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 10 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.

6.4.4 Arbitrator 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 as soon as possible after the dispute has been submitted.

Any decision made by the arbitrator shall be complied 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.

6.4.6 Cost Assessment

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

6.5 Group Grievance

The Union shall have the right to file a class action grievance on grievances involving more than one employee. Class Action grievances shall be initiated at Step One.

6.6 No Individual Arbitration

No individual 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

Union and the Company Director of USMS Operations. When the Union withdraws a grievance, the Company will be notified of such action in writing. All meetings described herein can be conducted in person, telephonically, or by video conference.

ARTICLE 7: WORK SCHEDULE & HOURS OF WORK

7.1 Hours of Work

For the purposes of this Article, a regular workweek of up to 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 or as the result of a Government Directed Change.

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 hours in 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, a government directed change, or if the employee chooses to work by coming in early or staying after his or her scheduled shift.

7.2 Overtime

An employee shall be paid 1½ times the regular rate of pay for all hours worked in excess of 40 hours per week.

Overtime and extra hours will be offered by seniority (within the worksite by site seniority first) on a rotating basis. Overtime will be distributed as equitably and fairly as practicable among employees.

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the employee shall be required to do the work, unless the employee is excused by the Company for good cause. It is expressly understood that the Company shall have the right to schedule, or not to schedule, employees to work overtime following the provisions of this agreement as required. When an employee is on duty and is assigned to work additional hours, the employee is required to remain on duty regardless of post assignment. When an employee is contacted while off-duty for an assignment, the employee may refuse the assignment without retribution.

7.3 Meal Breaks

A 30-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 or as soon as is practicable.

7.4 Relief Breaks

There shall be two 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 weekly published schedule by submitting the request to trade shifts in writing, using the Company supplied form and procedures. All requests must be pre-approved by the LCSO, forwarded to the District Supervisor and will affect only those named employees.

7.6 Filling Vacancies

If a vacancy occurs in a regular position covered by this Agreement or a new position is added and the Company chooses to fill the position, the job will be posted for a period of five working days

(excluding Saturdays, Sundays, and holidays) within the entire District.

All shared-time employees who have notified the District Supervisor in writing of their intent to apply for a full-time position (and vice versa) and who are not scheduled to work during that five-day period at the site where an opening occurs, and any employee on vacation or on other approved leave, will be notified by the Company. When a vacancy occurs, the Company will fill the position with the most senior employee at the Site who has applied for the position in writing and who has been trained (if required) to fill any necessary special qualifications for the new position. In Units that participate in annual shift bidding no more than two shifts shall be filled under this procedure as a result of the initial vacancy.

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 Article or assign an employee to a position that is part of a temporary security assignment directed by the USMS, including temporarily assigning an employee to a work site within or outside of the area defined by this Agreement. To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to employees regularly assigned to the site to which they are being transferred, or their regular hourly wage they receive at their regular site under this Agreement, whichever is greater.

Temporary shift assignments within a site will be limited to 30 days as long as scheduling and manpower allow. This may be extended by mutual written agreement between the Company and the Union.

7.7 Workweek

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

7.8 Training

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

7.9 Call-in Pay

In the event an employee is called into work after the completion of their regular hours or overtime, and/or in the event an employee reports for a regularly scheduled post prior to a Government closure of the employee’s work location, the employee shall be guaranteed a minimum of four 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 hours of pay, unless directed by the Company to leave the facility, in which case the employee will receive the four hours of pay. If an employee is not directed by the Company to leave the facility and exercises his/her option to leave the facility, the employee will only be compensated for actual time worked. The employee shall not receive call-in pay if the Company notified the employee, or can demonstrate an attempted notification (phone call, text message, voicemail), or post closure prior the employee start time.

7.10 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 a government building where its employees are assigned. In the event that a closure occurs, employees will be excused and may use personal leave, vacation leave, leave without pay, or 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. An employee who is not notified of a court closure and who reports for duty as assigned will be paid for all hours worked if authorized by the USMS.

An employee shall not receive Court Closure Pay if the Company notified the employee, or can demonstrate an attempted notification (phone call, text message, voicemail), prior to a reasonable departure time for a timely commute.

7.11. Shared-time Employees

Shared-time employees may be required to work any tour of duty as required by the Company.

The Company has the sole discretion to manage assignments to meet the needs of the Client. The

Union recognizes the Company’s right to manage employee assignments under Article 22 of this

Agreement. The Company recognizes shared-time employees are normally assigned a bi-weekly work schedule (A & B posted work assignments). These scheduled assignments include start times and assigned facilities which are bid for by seniority during the annual shift bid. However, the needs of the Client may require a shared-time employee to adjust shift assignments and report for a tour of duty to meet those requirements. These schedules reflect assigned work for shared-time employees on their off-schedule work week. Shared-time employees understand these extra scheduled shifts are posted in various work areas at the beginning of each work week and they are required to work these extra assigned days. If a shared-time employee is not assigned to the weekly posted work schedule, they are considered off and not required to be on call or accept extra shifts if called into work. However, failure to report to work when on the posted weekly schedule may result in disciplinary action consistent with Article 14 of this Agreement.

ARTICLE 8: PAY DAYS

8.1 Payday

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

Saturday, subject to change by mutual agreement. All employees shall be required to be paid via direct deposit.

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 Process at End of Employment

When employment ends for any reason, the employee’s final pay entitlements, including hours worked, will be processed, and paid on the next full pay period following the employee’s out-processing and final timecard submission unless prohibited by the laws of the state in which the employee is assigned.

All final hours, including any unused vacation entitlements, will be calculated as of the employee’s date of separation. The submission of final hours worked is the responsibility of the employee and should be submitted on the employee’s final day of work. Employees are expected to return all

Company-issued uniforms, equipment, and property.

8.3 Undisputed Errors

Neither the Company nor the employee will be allowed to go back more than 24 months to audit, adjust, or correct undisputed errors involving vacation pay, personal time-off (PTO) pay, or salary issues unless required to do so by order or in the case of a criminal action. 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 will be paid on the first paycheck following the employee’s submission of the discrepancy to the District Supervisor or within 15 days of the notification of the error, whichever is later, excluding Saturdays, Sundays, and holidays. The discrepancy must be submitted using a complete and accurate Company-supplied pay discrepancy form along with supporting documentation.

ARTICLE 9: HOLIDAYS

9.1 Holidays Defined

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

9.2 Miscellaneous Holiday Provisions

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

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

(c) Any shared-time employee who does not work on 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 for four hours pay per holiday. Shared-time employees shall be paid a minimum of eight hours holiday pay for Christmas, Thanksgiving, and the day after Thanksgiving.

(d) Any shared-time employee who works as scheduled on a holiday shall receive the employee’s appropriate rate of pay for all hours worked, and in addition shall receive eight hours of holiday pay at the straight time rate, exclusive of any shift premium for that holiday.

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

(f) 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.

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

ARTICLE 10: VACATIONS

10.1 Vacation Accrual

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 site seniority on the contract. The date of hire and continuous service are inclusive of previous employers providing this service. Vacation entitlements are stated below for all FCSOLV members:

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 40 hours per week and 2080 per anniversary year:

Years of Service Accrual Rate Not to Exceed

1 Year 0.03846 per hour 80 hours

5 Years 0.05769 per hour 120 hours

10 Years 0.07692 per hour 160 hours

15 Years 0.09615 per hour 200 hours

20 Years 0.11538 per hour 240 hours

Employees will not be able to use vacation entitlements until he/she has completed 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 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

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 employees will take place starting October 1st of each year for the following January calendar year. Vacation picks will be in two-week intervals with the bidding process to take place as many times as needed.

Vacations will be granted based on seniority and after the results of the bidding process. Vacations requiring more than two weeks will be considered with advance notice to the Company. After the completion of the full-time employees bidding process, shared-time employees may be granted available vacation time in seniority order. All other vacations thereafter shall be on a first-come/first- served basis unless some other agreement has been reached by the Company and the

Unit.

Employees who cash out vacation time are not entitled to participate in the vacation bidding process for the period for which he or she has “cashed out.” Employees falling into this category may not take vacation during the year unless approved under the guidelines for LWOP as outlined in Article 11 of this Agreement.

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 the employee’s hire anniversary shall be paid to the employee on the next full pay period following the end of the year of service.

10.5 Terminating Employees

When employment ends for any reason, 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. Unless otherwise provided herein, employees expressly forfeit any vacation time accrued but not vested and thus “entitled” as of the employee’s last anniversary date prior to termination.

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

10.6 Vacation for Laid-off Employees

Length of service with the Company shall accrue for up to six months for the purposes of vacation benefits while an employee is laid-off. This time will only be considered eligible for use or payout once the employee has passed his/her next anniversary date and the employee has been recalled and has returned to work on the USMS contract.

10.7 Vacation Increments

Vacation entitlements must be taken in no less than two-hour increments. Requests for time-off with balances of less than eight hours remaining will be considered on a case-by-case basis.

10.8 Processing Vacation Requests

Any employee seeking leave must submit the request in writing, using the form provided by the

Vacation requests submitted within 14 days may be considered on a case-by-case basis. Approvals for vacation will be based on an employee’s seniority.

Written approval or denial of the requested leave will be returned to the employee within 10 days.

Approval or denial of funeral or emergency leave will be provided within 24 hours.

All vacations and leaves are subject to cancellation due to operational requirements and emergencies. However, employees who have been granted leave in writing and can provide proof of pre-paid vacation plans made after the written approval will be allowed to take their previously approved leave.

Pre-paid vacation plans will not be taken into consideration when processing leave if the purchase was made prior to written leave approval in compliance with this section or without prior written approval by the Company.

Extensions of vacation or leave of absence will be considered and processed on a case-by-case basis. Decisions will be based on operational needs, requests from other employees, and vacation entitlement due the requesting employee.

10.9 Vacation Donation

In the event that an employee or his or her immediate family member suffers an illness or injury, the Employer will allow employees to donate accrued vacation to that employee. Any vacation that is donated will be paid to the receiving employee at their straight-time rate of pay, as long as the value of the donated time was equal to or greater than the rate to be paid. For purposes of this section, immediate family member is defined as parent, stepparent, spouse, child, stepchild, grandchild, and step-grandchild.

ARTICLE 11: LEAVES OF ABSENCE

11.1 Limitations

An unpaid leave of absence for non-medical emergencies may be requested by…