9th Circuit USCSO CBA (2022-25).pdf

CBA Between Centerra and USCSO for the USMS 9th Circuit (October 1, 2022 through September 30, 2025)

COLLECTIVE BARGAINING AGREEMENT

Between

CENTERRA GROUP, a Constellis Company

And

UNITED STATES COURT SECURITY OFFICERS

(“USCSO”)

For

THE 9th UNITED STATES CIRCUIT COURT

In the Districts of

Arizona, Idaho, Southern California, Western Washington, Oregon, Guam, and the Marianas Islands

October 1, 2022 through September 30, 2025

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1. Recognition of Bargaining Unit

1.2. Intent of the Parties

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 Provisions

3.2. Union Seniority Lists

3.3. Personal Data

3.4. Probationary employees

3.5. Managerial & 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

ARTICLE 5: UNION SECURITY & MEMBERSHIP

5.1. Union Membership

5.2. Dues Deduction

5.3. Non-payment of Union Dues

5.4. Dues Remittance

5.5. Dues Authorization and Amount

5.6. Employer Indemnification

ARTICLE 6: GRIEVANCE & ARBITRATION

6.1. General Provisions & Timeliness

6.2. Grievance Procedures

6.2.1. Step One – Notice to District Supervisor

6.2.2. Step Two – Notice to Contract Manager

6.2.3. Step Three – Notice to Director of USMS Operations

6.3. Grievance for Discipline Resulting in Termination

6.4. Arbitration Procedure

6.4.1. Federal Mediation and Conciliation Service

6.4.2. Arbitrator Selection

6.4.3. Commencement of Arbitration

6.4.4. Arbitrator’s Decision

6.4.5. Cost Assessment

6.5. Group/Class Action Grievance

6.6. No Individual Arbitration

6.7. Miscellaneous Provisions

ARTICLE 7: WORK SCHEDULE & HOURS OF WORK

7.1. Work Hours

7.2. Overtime/Extra Hours

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. Shared-time Employees

ARTICLE 8: PAYDAYS

8.1. Payday

8.2. End of Employment

8.3. Courthouse Closure

8.4. Undisputed Errors

ARTICLE 9: HOLIDAYS

9.1. Designated Holidays

9.2. Miscellaneous Holiday Provisions

ARTICLE 10: VACATIONS

10.1. Vacation Accruals

10.2. Cash-out of Accrued Vacation

10.3. Scheduling Vacations

10.4. Unused Vacation Hours

10.5. Terminated employees

10.6. Vacation for Laid-Off employees

10.7. Vacation Increments

10.8. Vacation Balance Reporting on Earning Statements

10.9. Processing Requests for Vacation

10.10. Donation of Vacation

ARTICLE 11: LEAVES OF ABSENCE

11.1. Limitations

11.2. Medical Leave

11.3. Military Leave

11.4. Union Leave

11.5. Funeral Leave

11.6. Family Medical Leave

11.7. Processing Leave Requests

11.8. Jury Duty

11.9. Voting

11.10. Personal/Sick Leave

11.11. Personal/Sick Increments

ARTICLE 12: WAGES

12.1. Wages

12.2. Payroll Deductions

ARTICLE 13: MISCELLANEOUS PROVISIONS

13.1. Discipline/Discharge for Just Cause

13.2. Union Bulletin Board

13.3. Travel Expenses

13.4. Physicals/Medical Examinations & Medical Follow-ups

13.4.1. Biennial Physical/Medical Examinations

13.4.2. Follow-Up Physical/Medical Examinations

13.4.3. Requirement to Pass Physical Examination

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

13.4.5. Company Reimbursement

ARTICLE 14: UNIFORMS

14.1. Uniform Policy

14.2. Uniform Maintenance

ARTICLE 15: HEALTH & WELFARE AND RETIREMENT PLANS

15.1. Health & Welfare

15.1.1. Full-time employees

15.1.2. Shared-time employees

15.2. Plan Design

15.3. Other Benefits

15.4 Miscellaneous Benefits

ARTICLE 16: SAFETY

ARTICLE 17: CLIENT REQUIREMENTS & DIRECTIVES

ARTICLE 18: SEPARABILITY OF 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”: WAGES & BENEFITS

Wages:

Health & Welfare:

Funeral Leave:

Designated Holidays:

Paid Personal/Sick Leave:

PREAMBLE

THIS AGREEMENT is by and between Centerra Group, a Constellis Company (the “Company”), and United States Court Security Officers (USCSO) (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.

All economic changes are effective October 1, 2022. All non-economic changes are effective

October 1, 2022.

ARTICLE 1: SCOPE & PURPOSE OF AGREEMENT

1.1. Recognition of 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 personnel under contract number 15M200-18-CA-32-0009.

The Unit is defined as all full-time and shared-time Court Security Officers and Special Security

Officers (CSO/SSO’s), Lead Court Security Officers and Lead Special Security Officers

(LCSO/LSSO’s) employed by the Company in the 9th Circuit in the Districts of Arizona, Idaho, Southern California, Western Washington, Oregon, Boise, Coeur d’Alene and Pocatello, Idaho, Eugene and Medford, Oregon, Chula Vista, El Centro, and San Diego, California, Guam and

Marianas Islands, and Seattle, Washington, 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 Company, or any part thereof, the purchaser or transferee shall be bound by this Agreement.

1.2. Intent of the Parties

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, 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 altered or waived pursuant to the 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): The Unit is defined as all full-time and shared-time position

Court Security Officers (CSO/SSOs) and Lead Court Security Officers (LCSO/LSSOs) employed by the Company in the 9th Circuit in the Districts of Arizona, Idaho, Southern California, Western

Washington, and Oregon, including the cities of Boise, Coeur d’Alene, Pocatello, Eugene, Medford, Chula Vista, El Centro, San Diego, Guam and Marianas Islands, Seattle, under various contracts between the Company and the USMS excluding all other employees including District

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

Labor Relations Act.

Company: Centerra Group, a Constellis 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, written and/or verbal counseling.

Employee: An employee of Centerra covered by this Agreement.

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 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.

Group/Class Action Grievance: Grievance filed on behalf of two (2) or more employees for the same alleged violation of the 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.”

Initiation Fee: A prescribed amount of money, established by the Union, 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 forty (40) hours worked per workweek and/or in compliance with state and local laws.

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 covered by this Agreement.

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 working 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 include 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 and its units as described in Article 1, section 1.1. of this Agreement.

Union Dues: A prescribed amount of money, established by the Union, 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 Company agrees to recognize a negotiating committee composed 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. Alternates may be selected by the Union President to represent the 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 a minimum of one-week advance notice of any meetings unless there is a requirement for an emergency negotiation 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 teleconference, etc.

to conduct formal investigative discussions with an employee who is the subject of investigation, and the employee could be subject to discipline as a result of that investigative discussion, the

Company agrees that the use of alternative medium methods will conform to the application of an employee’s Weingarten Rights. The Company agrees that the Union shall be given the opportunity to be present during the alternative medium discussion and a notice of formal investigation will be provided at least one business day in advance. The notice will include at a minimum the nature of the charges regarding the disciplinary investigation.

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’s operations for any reason whatsoever at sites defined under Article 1, section 1.1 of this Agreement, 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 Provisions

Union Seniority shall be the length of continuous service (except breaks in Union 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. Union 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 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

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. If 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 affected employees giving consideration to 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

In the District’s that currently have shift bidding, 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 or vice versa.

The Company has two (2) full workweeks to fill a shift or location using a reverse seniority list.

3.2. Union Seniority Lists

A Union seniority list including employees 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’s position on the posted Union seniority list will be final unless protested in writing to the Circuit

Manager no later than thirty (30) calendar days after the list has been posted. The Company will send a monthly new hire and attrition list to the Union officials.

3.3. Personal Data

Employees shall notify the Company in writing of their proper mailing address, email address, home, and primary contact telephone numbers. The 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 back to work after the change. Notifications will be made to the employee’s immediate supervisor and to the District Supervisor. The Company shall be entitled to rely on the data supplied by the employee. The Union will 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 (6) 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 shall have the sole right to discipline, lay-off, suspend, or terminate probationary employees without limitation by the provisions of this Agreement or without recourse to the grievance and/or arbitration provisions contained herein.

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. Managerial & 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 employees as used in this Agreement, refers to District Supervisors, Contract Manager, and corporate representatives. Lead Court Security Officers, Senior Lead Court

Security Officers, and District Senior Lead Court Security Officers are not considered management. Furthermore, Senior Lead Court Security Officer position(s) that are vacated through attrition shall not be filled by the Company.

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 Union seniority from the first day in that position. Should the employee 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 (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; and

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

ARTICLE 5: UNION SECURITY & MEMBERSHIP

5.1. Union Membership

An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten (10) days after the 30th day following the effective date of this Agreement or within thirty (30) days after the

30th day following the employee’s date of hire, whichever is later. As a further condition of continued employment, an employee shall remain a member of the Union, except as otherwise provided in this Article.

5.2. Dues Deduction

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

Article, by tendering the periodic Union dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union an Agency Service Fee. 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 bona-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 Agency 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 Company may suspend its obligations under this Article “as specifically ordered to do so” pending the formal decision of the agency or court of competent jurisdiction in reference to filed legal challenge. This action will only be taken after conferring on the matter with the Union.

5.3. Non-payment of Union Dues

In the event the Union requests discharge of an employee in a non-right to work state for failure to comply with the provisions of this Article, it shall serve written notice on the Company requesting that the employee be discharged effective no sooner than two (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 Company, to pay the prescribed Initiation Fee and/or Union Dues. The Union, upon request from the Company, will provide proof of such notice being delivered to the employee. If the employee pays the delinquent Initiation Fee and/or Union

Dues within two weeks after receipt of notification, the employee will not be discharged. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Company, and the Company will not be required to discharge that employee.

5.4. Dues Remittance

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 fifteen (15) business days of payroll deduction.

5.5. Dues Authorization and Amount

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

Fees, and Agency Service Fees. The Union also agrees to promptly notify the Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth

(15th) day of the month proceeding the date that deductions are to be made.

5.6. Employer Indemnification

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

ARTICLE 6: GRIEVANCE & ARBITRATION

6.1. General Provisions & Timeliness

A grievance is defined as an action filed by the Union or an employee concerning the application, interpretation, or alleged violation of a portion of this Collective Bargaining Agreement.

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

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

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

(b) If the Union fails to initially file a grievance or appeal 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 employee as withdrawn and removed from the grievance and arbitration process.

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); and

(e) The exact remedy sought.

The Union shall have fifteen (15) business days after a grievance is initially filed to later modify its description of the facts giving rise to the grievance, the date and time the grievance allegedly occurred, the provisions of the Agreement alleged to have been violated, the name(s) of the aggrieved employees and 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 presented and processed within in accordance with the steps outlined below:

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 fifteen (15) business days after submission of the grievance and his response shall provide the name and contact information for the Contract Manager. If the grievance is not settled, it may be appealed in writing to Step Two within fifteen (15) business days after receipt of the District Supervisor’s response.

6.2.2. Step Two – Notice to Contract Manager

If the matter is appealed to Step Two, a meeting will be held between the grievant, Steward, and the Contract Manager or his designee within fifteen (15) 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 fifteen (15) business days after the meeting is held and his response shall provide the name and contact information for the Director of USMS Operations. If the grievance is not settled, it may be appealed in writing to Step Three within fifteen (15) business days after receipt of the Contract Manager’s or his designee’s response.

6.2.3. Step Three – Notice to Director of USMS Operations

If the matter is appealed to Step Three, a meeting will be held between the grievant, Steward and Director of USMS Operations or his designee within fifteen (15) 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 fifteen (15) business days after the meeting is held. If the grievance is not settled, it may be appealed in writing to arbitration.

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

6.3. Grievance for Discipline Resulting in Termination

Grievances resulting from employee termination shall be initiated at Step Two.

6.4. Arbitration Procedure

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

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

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

Company with reasonable notice of the nature of the grievance.

6.4.1. Federal Mediation and Conciliation Service

The moving party shall request the Federal Mediation and Conciliation Service (“FMCS”) to furnish a list of seven available arbitrators to both parties and shall be responsible for all associated costs of FMCS providing the list. Each party may 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 and all associated costs of FMCS providing the new list.

6.4.2. Arbitrator Selection

Within fifteen (15) business days after receipt of the list of arbitrators, 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 arbitration shall commence at the earliest possible date within six (6) months of the

Arbitrator selection.

6.4.4. Arbitrator’s Decision

The decision of the arbitrator shall be final and binding upon the parties this Agreement. The decision of the arbitrator shall be rendered within 120 days after the conclusion of the arbitration hearing. It is understood and agreed to by the Union and the Company that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.

6.4.5. Cost Assessment

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

Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

6.5. Group/Class Action Grievance

Group/Class Action grievances shall be initiated at Step Two and may be initiated by a single grievance, provided that the grievance indicates whether it is on behalf of CSOs in a particular site, state, district, circuit, bargaining unit, etc.

6.6. No Individual Arbitration

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

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 Labor Relations, or designee. When the Union withdraws a grievance, the Company will be notified of such action in writing.

ARTICLE 7: WORK SCHEDULE & HOURS OF WORK

7.1. Work Hours

For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, shall constitute a normal workweek for full-time employees. Shift shall be defined as the start and end times of an 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 (8) hours off 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 agrees to work by coming in early or staying after his or her scheduled shift.

7.2. Overtime/Extra Hours

An employee shall be paid 1½ times their regular rate of pay for all hours worked in excess of forty (40) hours per workweek, and/or in compliance with state and local laws.

Overtime and extra hours will be offered by seniority (within the worksite first) on a rotating basis and 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 perform the work, unless 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 as soon as is practicable.

7.4. Relief Breaks

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

District Supervisor. The combining of breaks is strictly at the Company’s discretion. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement.

7.5. Schedule Changes

Employees may initiate mutual changes to the published schedule by submitting the request to trade shifts in writing, using the Company supplied form and procedures. All requests must be pre-approved by 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 (5) workdays

(excluding Saturdays, Sundays, and holidays) within the entire applicable District (for Arizona, this means all individual buildings located within the cities of Flagstaff, Tucson, Yuma, and

Phoenix). 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 who has applied for the position in writing, and who has been trained (if required) and possesses 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, the Company may temporarily assign an employee to a vacant or new position until the job is filled 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(s). In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. If applicable, 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 agreement between the Company and

Union.

7.7. Workweek

The workweek begins at 0001 hours Sunday and ends 168 hours later at 2400 hours Saturday.

7.8. Training

Employees are required to attend all training mandated by the Company. Employees will be paid their regular wage plus fringe benefit allowances.

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 the employee is 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), of the post closure prior the employee’ start time.

7.10. Shared-time Employees

Shared-timed position employees may be required to work any shift required by the Company.

The Company has sole discretion in assigning these shifts. The Company will give the shared-time position employee the maximum possible notice for schedule changes.

ARTICLE 8: PAYDAYS

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. Employees are required to receive their pay 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 (i.e., weather delay, etc.) through no fault of the Company.

8.2. 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 accrued vested personal time and accrued vested 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. Courthouse Closure

The Company recognizes the fact that there are times when inclement weather, a natural disaster, or any other planned or unplanned event may close a courthouse or government building where its employees are assigned. In the event that a closure occurs, employees will be excused and may use personal leave, vacation leave, leave without pay, or volunteer to work available hours at another open facility within their District following the seniority provisions. Voluntary assignments at an alternate worksite will not displace any permanently assigned personnel at that worksite regardless of seniority dates.

The Company will comply with applicable state and local law with respect to reporting pay. In the absence of applicable state or local law, as long as the Employer has received ample notice from the Client regarding courthouse closure, an employee not notified of a courthouse closure within eight hours of the time he is scheduled to report for duty and who reports for duty as assigned, will be paid the greater of all hours worked or four hours straight-time pay.

8.4. Undisputed Errors

Neither the Company nor the employee will be allowed to go back more than twenty-four (24) months to audit, adjust, or correct undisputed errors involving vacation pay, personal time off

(PTO) pay, or salary issues unless required to do so by court 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 the 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 Company’s attention.

Any pay errors identified that are not the fault of the employee, involving eight (8) or more hours of pay, will be paid on the next paycheck 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 company supplied pay discrepancy form along with supporting documentation.

ARTICLE 9: HOLIDAYS

9.1. Designated Holidays

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

9.2. Miscellaneous Holiday Provisions

(a) A full-time position employee who is not required to work on a holiday shall be paid eight

(8) hours straight-time, excluding any shift premium for that holiday.

(b) Any full-time employee who works as scheduled on a holiday shall receive the employee’s appropriate rate of pay for all hours worked. In addition, such employee shall receive eight (8) hours holiday pay at the straight-time rate as described in section 9.2(a) above.

(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-week pay period prior to the pay period in which the holiday occurs. A shared-time employee shall be granted a minimum of four (4) hours pay per holiday. 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 Accruals

Employees shall be entitled to annual vacation pay. Vacation entitlements are determined by an employee’s date of hire and continuous service, notwithstanding breaks in Union seniority on the contract. An employee’s date of hire and continuous service are inclusive of service with previous employers providing this same service, under the same contract. Vacation entitlements are stated below for all USCSO areas, including employees in Guam and the Marianas Island hired after

May 1, 2017. Employees in Guam and the Marianas Islands hired before are addressed separately.

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

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

Years of Service Accrual Rate Not to Exceed

1 Year 0.04 per hour 80 hours

5 Years 0.06 per hour 120 hours

10 Years 0.08 per hour 160 hours

15 Years 0.1 per hour 200 hours

20 Years 0.12 per hour 240 hours

30 Years 0.14 per hour 280 hours

Vacation entitlements for Guam and Marianas Island employees with a date of hire before May 1, 2017 are stated below:

Years of Service Accrual Rate Not to Exceed

1 Year 0.04 per hour 80 hours

3 Years 0.08 per hour 160 hours

15 Years 0.01 per hour 200 hours

20 Years 0.12 per hour 240 hours

30 Years 0.14 per hour 280 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 form the end of the pay period in which the date of anniversary falls and shall include the previous twenty-six (26) previous consecutive pay periods. An anniversary year is measured 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…