9th Circuit Northern Calif. CBA (2022-25).pdf

CBA Between Centerra and SPFPA Local #5 (October 1, 2022 through September 30, 2025)

COLLECTIVE BARGAINING AGREEMENT

Between

Centerra Group, LLC, a Constellis Employer

And

The International Union, Security, Police and Fire Professionals of

America (SPFPA)

And its

Amalgamated Local No. 5 for the Unit Of:

San Francisco, Oakland, San Jose, Santa Rosa, and McKinleyville

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. Union 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. Discharge for Non-Payment of Union Dues

5.4. Dues Deductions

5.5. Indemnification of the Employer

5.6. Miscellaneous

ARTICLE 6: GRIEVANCE & ARBITRATION

6.1. Timeliness & 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/Extra Hours

7.3. Meal Breaks

7.4. Rest Periods

7.5. Schedule Changes

7.6. Filling Vacancies

7.7. Workweek

7.8. Training

7.9. Call-in Pay

7.10. Courthouse Closure

ARTICLE 8: PAYDAYS

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 of Vacation

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. Vacation Balance Reporting on Earning Statements

10.9. Processing Vacation Requests

10.10. 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: EQUAL OPPORTUNITY (NON-DISCRIMINATION)

ARTICLE 13: WAGES

13.1. Wages

13.2. Payroll Deductions

ARTICLE 14: MISCELLANEOUS PROVISIONS

14.1. Discipline/Discharge for Just Cause

14.2. Union Bulletin Board

14.3. Travel Expenses

14.4. Physical Examinations

14.4.1. Biennial Physical/Medical Examinations

14.4.2. Follow-up Physical/Medical Examinations

14.4.3. Requirement to Pass Physical Exam

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

14.4.5. Company Reimbursement

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

ARTICLE 15: UNIFORMS

15.1. Uniform Policy

15.2. Uniform Maintenance

ARTICLE 16: HEALTH & WELFARE AND RETIREMENT PLANS

16.1. Health & Welfare

16.2. Plan Design

16.3. Other Benefits

16.4. Miscellaneous

ARTICLE 17: SAFETY

ARTICLE 18: CLIENT REQUIREMENTS & DIRECTIVES

ARTICLE 19: SEPARABILITY OF THE AGREEMENT

ARTICLE 20: ENTIRE AGREEMENT

ARTICLE 21: DURATION

ARTICLE 22: EMPLOYER-UNION COOPERATION

ARTICLE 23: MANAGEMENT RIGHTS

ARTICLE 24: MANDATORY BARGAINING

ARTICLE 25: RATIFICATION

SIGNATURE PAGE

APPENDIX “A”: ECONOMICS

Wages:

Shift Differential:

Health & Welfare:

Pension:

Designated Holidays:

Personal/Sick Leave Table:

PREAMBLE

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

“Employer”), and the International Union, Security, Police and Fire Professionals of America

(“SPFPA”) and Amalgamated Local No. 5, encompassing San Francisco, Oakland, San Jose, Santa

Rosa, and McKinleyville (collectively, the “Union”). This Agreement covers all applicable Court

Security Officers employed in support of contract number 15M200-18-CA-32-0009, whereby the

Employer provides security at federal court facilities in the United States.

The non-economic changes are effective October 1, 2022. The economic changes will become effective October 1, 2022.

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1. Recognition & Bargaining Unit

The Employer 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”), Lead Court

Security Officers (“LCSO”), and Senior Lead Court Security Officers (“SLCSO”) employed by the Employer in the 9th Circuit, in the District of Northern California, represented by International

Union, Police and Fire Professionals of America (SPFPA) and its Amalgamated Local No. 5, encompassing San Francisco, Oakland, San Jose, Santa Rosa, and McKinleyville excluding all other employees including District Supervisors, office clerical employees and professional employees as defined under 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 Employer, 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 Employer 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 Employer.

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 Employer 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/or closures.

Collective Bargaining Unit (“CBU”): The Unit is defined as all full-time and shared-time Court

Security Officers (CSOs) Lead Court Security Officers (LCSO’s) and Senior Lead Court Security

Officers (SLCSOs) employed by the Employer in the 9th Circuit in the Districts of Northern

California represented by International Union, Security, Police and Fire Professionals of America

(SPFPA) and its Amalgamated Local No. 5, encompassing San Francisco, Oakland, San Jose, Santa Rosa, and McKinleyville excluding all other employees including office District

Supervisors, clerical employees and professional employees as defined under the National Labor

Relations Act.

Employer: Centerra Group.

Employer Seniority: Length of service measured from date of hire of an employee by the

Employer, or a predecessor Employer.

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

States Marshals Service to provide Court Security Officer and 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 Employer 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.

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

Government Directed Change: Any direction given to the Employer 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 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 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 one and one-half (1½) times the employee’s regular rate for all hours worked in excess of forty (40) hours worked per workweek.

Probationary Employee: An employee with six (6) months or less of employment from the date of hire, or less than six (6) 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 Employer 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.

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 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 particular 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.

1.4. Negotiating Committee

The Employer 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 for a minimum of two (2) Local Representatives. Alternates may be selected by the Union President to represent the employees in all collective bargaining negotiations. Alternate dates will be proposed if the scheduling dates cannot be met.

If necessary, the Employer agrees to release these individuals from duty assignments to participate in collective bargaining negotiations. The Union agrees to provide the Employer with one week of advance notice of any meetings unless there is a requirement for an emergency negotiation meeting.

1.5. Stewards

The Employer 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 Employer before conducting Union meetings in any federal courthouse location. It shall not be the intent of the

Employer to deny Union officials’ 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

Employer will allow the Steward to be present, provided the employee returns within two (2) business days with such Steward. If the Employer 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 Employer agrees that the use of alternative medium methods will conform to the application of an employee’s Weingarten Rights.

The Employer 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 two (2) business days 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 Employer and the Union agree that continuity of operations is of utmost importance to the Employer's security operations. Therefore, so long as this Agreement is in effect, the Union and the Employer 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 Employer’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

Employer, 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 Employer shall not lockout any employees covered in this

ARTICLE 3: SENIORITY

3.1. General Provision

Union Seniority shall be the date of hire of an employee or the date which an employee transfers into the bargaining unit (except breaks in Union seniority, paragraph two) from the employee’s last date of hire as a member of the CBU for the Employer, past or present, and/or any predecessor

Employer. 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, Union seniority shall be defined as district seniority or seniority beginning with entry into the bargaining unit. 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

Union 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. The application of Union seniority will only be applied based on qualifications as stipulated in this section or other sections of the

CBA.

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 personnel 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 work site locations will be accomplished through the application of Union 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 employees, and shared-time employees at each location shall, at the request of the Union, 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 full-time to shared-time position or vice versa. Management has two (2) full workweeks to fill a shift or location using a reverse seniority list. Total Union seniority will apply for shift bidding, extra work, and overtime.

3.2. Union Seniority Lists

Employees shall notify the Employer in writing of their proper mailing address, email address, home and primary contact phone numbers. The employees will notify the Employer 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 immediate supervisor and to the District Supervisor. The Employer shall be entitled to rely on the data supplied by the employee. The Union will assist in getting the required data or information.

3.3. Personal Data

Employees shall notify the Employer in writing of their proper mailing address, email address, home and primary contact phone numbers. Employees will notify the Employer 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

Employer shall be entitled to rely on the data supplied by the employee. The Union will contact employees at the Employer’s request to assist in getting the required data or information.

3.4. Probationary Employees

The Union will represent probationary employees for problems concerning wages, hours, fringe benefits, and allowances, defined leave, and working conditions. The Employer 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.

“Managerial and Salaried Personnel” as used in this Agreement, refers to District Supervisors, Contract Manager, and corporate representatives. Leads and Senior Lead Court Security Officer’s, 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 in less than 180 days, 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 Employer 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 (5) 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 twelve (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

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 thirtieth (30th) day following the effective date of this Agreement or within thirty (30) days after the thirtieth (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. Initiation Fees, Union Dues, & Agency Service Fees

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

Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union agency fees. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law.

Any employees who are members of and adhere to the established and traditional tenets of a bono-fide religion, body, or sect, which has historically held conscientious objection to joining or financially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the agency service fee, to a tax-exempt organization (501 c (3) of the IRS code).

The Union shall have the right to charge any employee exercising this option, the reasonable cost of using the arbitration process of this Agreement on the employee’s individual behalf. Further any employee contributing who exercises this option shall submit proof quarterly to the Union that the charitable contributions have been made. The service fee will not include any assessments, special or otherwise and be the proportionate amount determined by the Union to be chargeable to non-members. Such payments shall commence on the 30th day after the date of hire as a condition of continued employment.

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 Employer 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. Discharge for Non-Payment of Union Dues

In the event the Union requests discharge of an employee for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks 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 personal service or registered mail, return receipt requested and confirmed to the last address the employee has on file with the Employer, to pay the prescribed initiation fee and/or Union dues. The Union, upon request from the Employer, 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 (2) 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 Employer, and the Employer will not be required to discharge that employee.

5.4. Dues Deductions

The Employer will deduct initiation fees, Union dues and agency fees from the wages of employees who voluntarily authorize the Employer 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 Membership dues or payments. A detailed roster of the contributions and all funds deducted shall be remitted to the Union no later than the 15th day of the month following the deductions.

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

5.5. Indemnification of the Employer

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

5.6. Miscellaneous

An employee shall not be required, as a condition of employment, to pay money to the Union, or become a member of, or continue membership in the Union, if he/she is employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

ARTICLE 6: GRIEVANCE & ARBITRATION

6.1. Timeliness & 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 Employer and the Union.

Furthermore:

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

Employer 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 initially file a grievance or appeal 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

Employer, Union, and the employee as withdrawn and removed from the grievance and arbitration process.

Probationary employees shall have no rights under this Article except for those matters involving pay and/or benefits.

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.

6.2. Grievance Procedures

All grievances shall contain, at a minimum:

(a) The facts giving rise to the grievance.

(b) The date 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 remedy sought.

The Union shall have fifteen (15) business days after a grievance is initially filed to later modify the date the grievance allegedly occurred.

All grievances shall be signed (electronic mail acceptable) and dated by the employee and designated Union representative, 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.

The Employer agrees to meet with the Union during regular business hours or at a mutually agreed upon convenient time, for the purpose of processing Grievances presented by the Union or employees subject to this Agreement. The Union and the Employer agree that issues concerning employees who are in a non-work status pending the meeting will be given priority and the meeting will be scheduled without delay to minimize employee impact.

Stewards will not participate in meetings while on a USMS post, however, the Employer will make a best effort to relieve the Steward in a timely manner to participate in the meeting. In the event a

Steward is not available, the Employer agrees to give the Union three (3) business days to arrange for a Steward or other Union Official to attend.

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 Union representative 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, Union representative, 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 or via electronic/virtual meeting. 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 USMS Operations

If the matter is appealed to Step Three, a meeting will be held between the grievant, Union representative 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 or via electronic/virtual meeting. 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.

6.3. Grievance for Discipline Resulting in Termination

Grievances resulting from employee termination 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 Employer’s Director of Labor Relations no later than thirty (30) business days after the Union receives the Employer’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

Employer 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 (7) available arbitrators to both parties and shall be responsible for all associated costs. 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, including all associated costs.

6.4.2. Arbitrator Selection

Within twenty (20) business days after receipt of the list of arbitrators, the representatives of the Union and the Employer 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 with without undue delay. It is understood and agreed to by the Union and the Employer 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 Employer Director of USMS Operations. When the Union withdraws a grievance, the Employer 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 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 Employer 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 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.

The Employer will permit an Alternative Work Schedule if all the laws of the State of California are complied with, post coverage is not impacted, no overtime would necessarily result, and the proposal was approved by the USMS.

7.2. Overtime/Extra Hours

An employee shall be paid one and one-half (1½) times the regular rate of pay only for all hours worked in excess of forty (40) hours per week as per California Labor Code 514.

Overtime and extra hours will be offered by seniority (within the worksite 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 Employer, the employee shall be required to do the work, unless the employee is excused by the Employer for good cause. It is expressly understood that the Employer 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 thirty (30) minute unpaid period of time is provided to employees who work in excess of a five

(5) 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. If an employee works a shift that is more than twelve (12) hours, a second meal break must be given. If the shift is less than twelve (12) hours, a second meal period is not required.

7.4. Rest Periods

There shall be two (2) fifteen (15) minute paid rest periods for each eight (8) 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 and meal 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 Employer’s discretion.

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

Employees shall be compensated for missed rest and meal periods with payment for the actual time missed. Any other penalties due to a missed meal or rest period under California Labor Code

Section 512, are knowingly hereby waived.

7.5. Schedule Changes

Employees may initiate mutual changes to the published schedule by submitting the request to trade shifts in writing, using the Employer 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 Employer chooses to fill the position, the job will be posted for a period of five (5) 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

(5) day period at the site where an opening occurs, and any employee on vacation or on other approved leave, will be notified by the Employer. When a vacancy occurs, the Employer 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 (2) shifts shall be filled under this procedure as a result of the initial vacancy.

In the interest of maintaining continuous operations, with a three (3) day advance notice, the

Employer 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. The three (3) day advance notice requirement may be waived in the event of a bona-fide emergency, as determined by the Employer.

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 thirty (30) days as long as scheduling and manpower allow. This may be extended by mutual written agreement between the Employer 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 Employer 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, 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, unless directed by the Employer to leave the facility, in which case the employee will receive the four (4) hours of pay. If an employee is not directed by the Employer 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

Employer 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 Employer 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 Employer notified the employee, or can demonstrate an attempted notification (phone call, text message, voicemail), prior to a reasonable departure time for a timely commute.

ARTICLE 8: PAYDAYS

8.1. Payday

Payday shall be bi-weekly, every other Friday, following the two (2) week pay period ending on

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

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 in accordance with California Labor Law. Employees are expected to return all Employer-issued uniforms, equipment, and property.

All final hours, including any 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.

8.3. Undisputed Errors

Neither the Employer 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, 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 Employer as to an employee’s rate of pay, proper adjustment will be made in the next pay period after the error has been brought in writing to the Employer’ attention.

Any pay errors identified that are not the fault of the employee, involving eight (8) or more hours of pay, will be paid within three (3) business days provided the employee submits the discrepancy to the District Supervisor by the close of the current pay period. The discrepancy must be submitted using a complete and accurate Employer 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 (8) 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 (8) hours holiday pay at the straight time rate.

(c) A 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 (2) week pay period prior to the pay period in which the holiday occurs. Pro-ration is based on available full-time hours worked during the pay period. A shared-time employee shall be granted a minimum for four (4) hours pay per holiday. Shared-time employees shall be paid a minimum of eight (8) hours holiday pay for Christmas and 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 (8) 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 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:

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

Vacation leave shall be awarded annually. It is therefore agreed and understood, that no hours shall be considered 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 he/she has completed 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.