Amendment 0001 70RFP122RE4000003.pdf
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- Solicitation number
- 70RFP122RE4000003
About this file
This document is an amendment to a solicitation for armed protective security officer services. The amendment extends the question deadline to February 16, 2023 and the proposal submission deadline to March 7, 2023. It also replaces the collective bargaining agreement previously referenced. The solicitation seeks proposals for armed protective security officer services at various locations throughout Northern Florida under an IDIQ contract with the Department of Homeland Security, Federal Protective Service. The period of performance includes a one-year base period and four one-year options, with an estimated 2,887,500 hours of basic PSO services required over 66 months. The NAICS code is 561612 and the small business size standard is $22 million. Offerors must possess a Top Secret clearance by the date for proposal submission. The source selection process will utilize a best value tradeoff evaluation.
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment 0005 70RFP122RE4000003.pdf | ||
| Amendment 0004 70RFP122RE4000003.pdf | ||
| Amendment 0003 70RFP122RE4000003.pdf | ||
| Amendment 0002 70RFP122RE4000003.pdf | ||
| Pre-Proposal Presentation 70RFP122RE4000003 2.8.23 Recording Part 2.pptx | PPTX presentation | |
| Pre-Proposal Presentation 70RFP122RE4000003 2.8.23 Recording Part 1.pptx | PPTX presentation | |
| Pre-Proposal Presentation 70RFP122RE4000003 2.8.23 Recording Part 3.pptx | PPTX presentation | |
| Pre-Proposal Presentation 70RFP122RE4000003 2.8.23 Recording Part 4.pptx | PPTX presentation | |
| FINAL 70RFP122RE4000003_1.24.23.pdf |
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(x)
70RFP122RE4000003
x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT
THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
Philadelphia PA 19106 Attn: Kerrin Cahill
OPO/FPS/EAST CCG/R4
701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 4
Philadelphia PA 19106 701 Market Street, Suite 3200
70RFP1
Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security
FPS EAST CCG DIV 1 ACQ DIV(70RFP1)
01/24/20230001
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
01/24/2023
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PSO Services throughout Northern Florida
Amendment 0001 is issued for the following purpose:
1. The due date to submit questions regarding this requirement is extended from February
10, 2023 12:00 PM EST to February 16, 2023 12:00 PM EST.
2. The due date for proposal submissions is extended from February 24, 2023 12:00 PM EST to
March 7, 2023 12:00 PM EST.
3. CBA-2022-587 (Local 334), attached to this amendment, replaces and supersedes
Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
Todd M. Wanner
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR) 53.243
NSN 7540-01-152-8070
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
TEL: EMAIL: 215-521-2185 Todd.M.Wanner@fps.dhs.gov
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 2
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70RFP122RE4000003/0001
CBA-2019-12904.
4. All other terms and conditions remain the same.
CO: Todd Wanner, (215) 521-2185, todd.m.wanner@fps.dhs.gov
CS: Kerrin Cahill, (215) 521-2290, kerrin.cahill@fps.dhs.gov
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Agreement
Between
PARAGON SYSTEMS, INC
And the
United Government Security Officers of America, International Union
And
Its Local 344
Representing the
PROTECTIVE SECURITY OFFICERS
at
Orlando, Florida and surrounding areas
October 1, 2022 through December 15th, 2025
TABLE OF CONTENTS
AGREEMENT 3
ARTICLE 1 – RECOGNITION, PARTIES, AND TERMS 3
ARTICLE 2 – PURPOSE OF THE AGREEMENT 4
ARTICLE 3 – UNION SECURITY & DUES DEDUCTIONS 4
ARTICLE 4 – UNION RIGHTS 5
ARTICLE 5 – MANAGEMENT RIGHTS 6
ARTICLE 6 – NONDISCRIMINATION 8
ARTICLE 7 – HOURS OF WORK 8
ARTICLE 8 – STRIKES AND LOCKOUTS 10
ARTICLE 9 – HOLIDAYS 11
ARTICLE 10 – LEAVES OF ABSENCE 13
ARTICLE 11 – VACATION 15
ARTICLE 12 – DISCIPLINE AND DISCHARGE 17
ARTICLE 13 – GRIEVANCE, MEDIATION, AND ARBITRATION 20
ARTICLE 14 – WAGES 23
ARTICLE 15 – HEALTH AND WELFARE BENEFITS 25
ARTICLE 16 – GENERAL PROVISIONS 25
ARTICLE 17 – REDUCTION OR INCREASE IN FORCES 26
ARTICLE 18 – FILLING OF VACANCY 26
ARTICLE 19 – SENIORITY 27
ARTICLE 20 – SCHEDULED OVERTIME 28
ARTICLE 21 – MISCELLANEOUS 29
ARTICLE 22 – SCOPE OF AGREEMENT 30
SIGNATURES 31
AGREEMENT
This Agreement is entered into upon ratification and full execution by all parties, by and between Paragon Systems, Inc. (“Company” or “Employer”), and the United Government Security Officers of America, International Union and its affiliated Local 344 (Union”).
Should there be any conflict between the Paragon Policies and Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the Contract between Paragon and the Government, and the Collective Bargaining Agreement, the Contract between Paragon and the Government will control.
ARTICLE 1 RECOGNITION, PARTIES AND TERMS
Section 1.1 This agreement shall become effective on the date of ratification and full execution by the parties, and shall continue in full force and effect through and until midnight December 15, 2025.
Section 1.2 The Company recognizes the United Government Security Officers of America, International Union and its Local 344, as sole and exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, for the employees of the Company as described in Section 1.3 of this Article and in accordance with the National Labor Relations Act, as amended.
Section 1.3 For the purpose of this Agreement, the term “Employee” shall include all armed and unarmed security officers employed by Paragon Systems performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, assigned to Federal facilities in the Counties of Lake, Volusia, Orange, Osceola, Brevard, St. Lucie, Seminole, and Indian River, Florida under the Company’s contract HSHQE4-17-D-000025 with the Department of Homeland Security excluding office clerical employees, managerial personnel, supervisors as defined by the National Labor Relations Act, and all other personnel. It is expressly agreed and understood between the parties that neither probationary employees as defined in this agreement, nor persons enrolled or participating in pre-hire training programs offered by the Company, shall be considered employees under this Section.
Section 1.4 This agreement shall be binding upon both parties, and their successors. 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.
Section 1.5 Any other site(s), including FEMA and ODAR, to which Security Officers covered by this Agreement are assigned shall be considered covered by this Agreement.
Section 1.6 Probationary Employees. All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) calendar days from the date of hire or rehire. During their probationary period, the employment relationship between the Company and the probationary employee shall be at will and the probationary employee may be subject to discipline or discharge at the discretion of the Company without regard to the provisions of Article 12 of this Agreement. During the probationary period, employees shall be paid at a rate that is $2.50 per hour less than the straight time rate set forth in Article 14. Probationary employees do not have seniority until completion of the probation period, at which time seniority dates back to the date of first standing post. The union will be notified whenever a new hire training class is scheduled. The union shall have the right to speak to the new hires the first week of orientation or training period and the company will facilitate the Union by allowing time to speak for thirty (30) minutes at a time mutually agreed upon between the parties.
Section 1.7 Full Time / Part Time definition. A full time employee is an employee that is regularly scheduled and works an average of 37.5 or more hours a week. A part time employee is an employee that is regularly scheduled and works 37.4 hours a week or less.
Section 1.8 Courthouse and NLECC shifts. Subject to Federal Government requirements and operational necessity, the Company agrees that the normal coverage of the 24-hour requirement at the Federal Courthouse and the NLECC will be divided into the following shifts: 0600-1400; 1400- 2200; 2200-0600. It remains expressly agreed and understood that this shift schedule is offered as an accommodation to the employees in order to avoid heavy traffic, and is subject to the Company’s contract with the Government and the Company’s inherent right to manage its workforce. In the event circumstances change and the schedule set forth above becomes operationally unworkable, the Company and the Union will re- open discussion on this Section and negotiate the Courthouse schedule.
ARTICLE 2
PURPOSE OF THE AGREEMENT
It is the intent and purpose of the Company and the Union that this Agreement shall promote and improve industrial and economic relations between the Company and its employees, and to set forth provisions with respect to rates of pay, wages, hours of work and other conditions of employment covering employees of the Company, and to provide a peaceful method of adjusting grievances that may arise in the course of employment between the Employer and the employees with respect to wages, hours, and other conditions of employment and to provide for an orderly collective bargaining relationship between the Company and the Union.
ARTICLE 3
UNION SECURITY & DUES DEDUCTIONS
Section 3.1 For the convenience of the Union and employees who are members of the Union, the Company agrees to deduct the initiation fee and regular monthly Union dues from the paycheck of such employees who authorize such deduction as provided for herein.
Section 3.2 An employee who desires the Union dues to be deducted from her pay shall submit to the Company a fully executed authorization card, as approved by the parties, assigned by said employee, from whom wage deductions are to be made as provided herein.
Section 3.3 Deductions shall be made at each pay period for the accrued regular dues of each employee in the bargaining unit, for whom the above authorization has been received, beginning with the pay for the first full pay period beginning in each month following the month in which an employee’s authorization is received and deduction shall continue in like manner monthly thereafter. Dues deductions per pay period shall be calculated as the total annual amount of dues to be paid by the employee as prescribed by the Union divided by the annual amount of paychecks the employee receives in a calendar year. The Company will remit all such deductions to the International Union Treasurer via check on a monthly basis within fifteen (15) business days from the last day of the month.
Section 3.4 The Union accepts all responsibility for the authenticity of each of said authorizations and any said authorizations which are incomplete or in error shall be disregarded by the Company. Authorizations which are incomplete or in error will be returned to the Union immediately for correction. The Union shall indemnify and hold the Company harmless against any claims, demands, lawsuits, or other forms of liability that may arise out of or by reason of action taken by the Company in making payroll deductions as herein provided or in complying with this Union Security Article.
Section 3.5 In cases where deductions for dues are made from the pay of any employees who has previously paid such dues, the Union will make refund directly to such employee.
Section 3.6 The authorization for dues deductions for any employee who is transferred to a classification outside the bargaining unit shall be automatically voided upon the effective date of such transfer.
ARTICLE 4
UNION RIGHTS
Section 4.1 Stewards.
A. Recognition. The Company recognizes the right of the Union to designate shop stewards.
The Company agrees to recognize the maximum of 1 Chief Shop Steward for all employees and up to four (4) stewards. Within ten (10) calendar days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within two (2) calendar days of such change becoming effective.
B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (I) representation of employees in disciplinary interviews consistent with this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company.
Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager.
Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline for dereliction of duty under Article of 12 this Agreement; provided that it is expressly agreed and understood between the Parties that the Company may schedule disciplinary interviews consistent with Section 12 of this Agreement during working time.
Section 4.2 Union Activities. Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Company.
Section 4.3 Government Cooperation. The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees' employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the United States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures and restrictions. Documentation will be provided to the Union verifying the change/request did come from the Government, if the Document is available. The Union further agrees that any actions taken by the Company pursuant to a request from DHS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that DHS or other agency of the United States requests the Company to take immediately, may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition or employment, the Company agrees to notify and discuss with the Union the effects of that action.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company. The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment (prior to discussion with the Union); determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this or otherwise; determine and select the uniform and equipment to be used in the Company's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations; determine the number of hours per day or week that operations shall be carried on; establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof; determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline;
and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.
Section 5.2 The Company shall have the right at any time to establish, administrate or alter the practices or customs of break periods (prior to discussion with the Union), and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary. Current practices will remain in place with the understanding that in some circumstances due to operational necessity, breaks may not occur.
Section 5.3 The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Company may promote, demote, lay off, transfer, or discharge said employee as a result of such evaluation. This Section shall be interpreted in accordance with applicable federal and state law.
Section 5.4 The Company shall have the right to evaluate the work performance of the employees by this Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them.
Section 5.5 The Company shall have the right to establish, administer, or change a drug and alcohol abuse prevention program in accordance with federal and state regulations. The Company shall have the right to test employees for drugs or alcohol upon reasonable suspicion, and to discipline employees based on the results of such tests.
Section 5.6 No waiver. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.
Section 5.7 The above rights of management are not inclusive of all manners or rights which belong to management. Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.
Section 5.8 The Company agrees to notify the Union, in writing, prior to any changes in policy or work rules affecting the Bargaining Unit Employees in order for the Union to register any suggestion or objection prior to implementation, and bargain over the effects if necessary.
This applies to permanent or extended policy or rules and not immediate or temporary policy or rules required to handle imminent or emergency situations.
ARTICLE 6
NONDISCRIMINATION
Section 6.1 The parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, or membership or non-membership in any labor organization, as provided by law. The Company shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law.
The Company agrees that it shall comply with all federal and state (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws.
Section 6.2 It is expressly agreed and understood that the dispute resolution procedures set forth in Article 13 of this agreement shall be the sole and exclusive forum for resolving all claims, demands or actions arising under state or federal law arising from the employment relationship between the Company and you to the fullest extent permitted by such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C.
§ 621 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.O. §2000e et seq.), the Rehabilitation (29 U.S.C. § 793 et seq.), the Civil Rights Act of 1966 and 1971 (42 U.S.C. § 1981 & 1983), Executive Order 11246 the Americans with Disabilities Act (42 U.S.C §12101 et seq.), .the Civil Rights Act of 1991 (Pub. L 102-66), the Family and Medical Leave Act of 1993 (29 U.S.G. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C. §4212), applicable state employment and wage and hour laws, the Fair Labor Standards Act, and any other state or federal law relating to employment discrimination or termination, statute or common law.
ARTICLE 7
HOURS OF WORK
Section 7.1 Purpose of this Article. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Article or this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company.
Section 7.2 Workweek. The Company's workweek shall consist of seven (7) days, beginning on Friday at 12:00 a.m. and ending the following Thursday at 11:59 p.m.
Section 7.3 Workday. A workday shall be defined as from 0000 hours until 2359 hours.
Section 7.4 Overtime Work. Employees may be required to work reasonable overtime assignments at the discretion of the Company. An employee not excused by the Company from performing assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline. In accordance with Article 12 of this Agreement, opportunity to work overtime shall be provided consistent with the Company's needs and circumstances and must be authorized in advance by the Company.
Section 7.5 Overtime Work. For purposes of this Agreement overtime is defined as hours worked in excess of 40 hours during a work week will be paid at overtime as discussed in Article 14 of this agreement.
Section 7.6 Officers will sign-in at their scheduled start time and sign-out when they are properly relieved. If an officer is instructed to document an erroneous arrival or departure time then that officer must immediately contact Management without fear of reprisal.
Section 7.7 The Company shall have the exclusive right to establish new shifts in addition to the shifts in effect at the time this Agreement was executed. Any change of shift hours will be bargained with the Union prior to implementation; however the Company will have final authority in establishing shifts.
Section 7.8 Posts and hours are contingent upon the contractual agreement between the Company and the Government. Any changes of shift hours will be bargained with the Union prior to implementation; however, the Company will have final authority in establishing shifts.
Section 7.9 The Company shall make every reasonable effort to distribute overtime by seniority. Seniority shall be used in the assignment of overtime (on a rotating schedule) except in situations dictated by availability of personnel and amount of notice given for overtime.
Personnel who would incur travel costs to cover overtime are not considered “available” for the purpose of this section. It is expressly understood that this section does not obligate the Company to call in an employee who would incur travel costs to cover overtime.
On a semi-annual basis, the Company will issue a sign-up sheet for employees to indicate their availability for overtime. When the Company has sufficient notice (i.e., at least 48 hours’ notice) of an overtime requirement, the Company will contact the employees on the sign-up list by order of seniority to offer the overtime opportunity. Upon receiving the call, that employee will then be moved to the bottom of the list, whether he accepts or declines the assignment. An employee who declines three (3) overtime assignments in a six-month period will be removed from the list and will not be eligible to be placed on the following semiannual list.
Section 7.10 If requested to work overtime (i.e. over forty (40) hours in a work week or extra hours), and the seniority system is not invoked due to shortness of notice, the Employee who is subject of the request shall be required to work the overtime. In the event an employee is held over due to shortness of notice earlier in the workweek, so that the holdover time is not in an overtime status, the affected employee’s regular work schedule will not be adjusted later in the workweek to prevent him from going into overtime status as a result of the holdover.
Section 7.11 Breaks. For those posts that are self-relieving, each employee shall be permitted to take reasonable breaks of up to fifteen (15) minutes twice in each shift when operational necessities permit, provided the employee remain in ready service status to respond as needed.
Such rest periods shall be counted as hours worked and shall be paid without any deduction in wages.
For those posts that require a relief officer (continuous coverage), the Company will use its best efforts to provide an unpaid lunch period, not to exceed thirty minutes (30), on each shift. The Company shall designate the time of said lunch period as close as reasonably possible to the mid-point of the shift. In addition, the Company will use its best efforts to provide a paid ten (10) minute break for every four (4) hours of continuous work. Under normal circumstances, the employee must take this rest period away from their work assignment.
Section 7.12 In the event that it is operationally impossible (i.e. in outlying posts or night shift) to provide relief for the lunch break or the break time and as a result an employee is required to remain at the location (building), the employee shall be compensated at a straight time base wage rate for the break time and meal period. The Company will ensure that any employee affected by this section will be able to practically take their break(s) and meal period.
Section 7.13 Once a shift has started and a bargaining unit employee is caused to travel from their assigned post to cover another post on a temporary basis, the bargaining unit employee will be compensated for their time spent in transit at the regular hourly rate of pay.
Section 7.14 Travel Time: 7.14 – In the event that an employee is required to work a temporary assignment, other than his/her normal assignment, the travel time in excess of the commute to the normal post assignment shall be compensated in the following manner: The parties agree that a “normal commute” for purposes of this Agreement shall be 45 minutes, each way. Any travel time in excess of that time related to temporary assignments shall be paid at the straight time rate of pay as set forth in Article 14.1. The Company will reimburse necessary tolls.
The company will make necessary hotel reservations and arrangements. Company related travel expenses will not be approved unless authorized in advance in writing by an employee’s supervisor or other company designated manager. The employee will be required to submit a completed company expense form, including all receipts, within two weeks after incurring the expense. Authorized expenses, including toll fees, will be paid promptly after the Company’s Finance Department has received a fully completed expense form.
ARTICLE 8
STRIKES AND LOCKOUTS
Section 8.1 No Strikes. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s operations. It is further understood and acknowledged that it is the intention of the parties that all claims, disputes, or grievances arising under this Agreement be resolved by resort to the grievance and arbitration procedures provided herein. It is therefore agreed that, during the term of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sickout, mass absenteeism, boycott, picketing, or other interference with or curtailment of production of any kind, including sympathy strikes, and that the Union will not cause or permit employees to cause, nor will any member of the Union take part in, any strikes, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the Company’s or Government’s operations for any reason whatsoever. Nor will the Union authorize or sanction the same.
Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any curtailment of work or restriction or interference with the operation of the Company, the Union shall take affirmative action to avert or bring such activity to a prompt termination.
During the term of this Agreement, a refusal by an employee or employees to cross a strike line at the employees’ regular place of employment, established by any other labor organization or established by any other group, shall constitute a violation of this Article.
Any employee who violates this provision may be immediately discharged. Furthermore, it is agreed and understood that, in addition to other remedies, the provisions of this Article may be judicially enforced, including specific performance by way of injunctive relief.
Section 8.2 No Lockouts. During the term of this Agreement, the Company shall not lockout any employee.
ARTICLE 9
HOLIDAYS
Section 9.1 Current: Eligibility. All employees will receive paid leave for the following ten
(10) holidays (or holiday pay in lieu thereof, if required to work the holiday):
Christmas Day New Year's Day
Martin Luther King, Jr. Birthday President's Day
Independence Day Memorial Day
Labor Day Columbus Day
Veterans' Day Thanksgiving Day
Effective December 1, 2022: Eligibility. All employees will receive paid leave for the following eleven (11) holidays (or holiday pay in lieu thereof, if required to work the holiday):
Christmas Day New Year's Day
Martin Luther King, Jr. Birthday President's Day
Juneteenth Independence Day
Memorial Day Labor Day
Columbus Day Veterans' Day Thanksgiving Day
Employees must work the day before and the day after a holiday to receive the holiday benefit, provided the day before and the day after a holiday is not the employee's regularly scheduled day off, or the employee was on a pre-approved day of leave.
An employee who is requested and agrees to work on any of the above named holidays, but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline up to and including discharge.
It is expressly agreed and understood that employees shall not be entitled to holiday pay when on leave, including leave taken under state workers' compensation laws.
Section 9.2 Rate of Pay. An eligible full -time employee who is not required to work a holiday shall be paid eight (8) hours pay at his or her straight time rate of pay. An eligible full-time employee assigned to work on a holiday will receive their straight- time wage for all hours worked plus the eight (8) hours holiday pay specified above.
An eligible part-time employee who is not required to work on a holiday shall be paid a proration of the full-time holiday benefit based upon his or her average weekly hours for the previous two pay periods, to exclude that pay period including the holiday. For example, should the Independence Day holiday fall on a Tuesday, the proration above shall be based upon the pay period ending the Thursday prior to the pay period in which the holiday falls, and the pay period prior, for an average of those weekly hours worked during those pay periods. An eligible part-time Employee, assigned to work on a holiday, will receive his or her straight-time wage for all hours worked plus a proration of the full-time holiday benefit up to eight (8) hours based upon their average weekly hours for the previous two (2) week work. Holiday pay that is prorated under this Article shall be rounded up or down to the nearest whole dollar.
Hours which an employee does not work but for which he or she is compensated under this Article shall not be considered hours worked for the purposes of computing overtime nor shall fringe benefits accrue during such leave.
Section 9.3 The above designated holidays will be paid as follows:
a. All employees covered by this Agreement will receive holiday pay only on the day the holiday is observed by the client. (E.g., if the holiday falls on a weekend and is observed the following Monday, employees will receive holiday pay only for the Monday on which the holiday was observed, not the weekend day upon which it falls.)
b. Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.
Section 9.4 Time paid for but not worked as a Holiday shall not be considered as time worked for the purpose of computing weekly overtime.
ARTICLE 10
LEAVES OF ABSENCE
Section 10.1 Court Leave - An employee who has completed his or her probationary period and who is required to report for jury duty, shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of five (5) work days; provided, however, for the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or she is subject to a jury duty call. For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay, less the amount received by the employee from the court or government agency.
Section 10.2 Military Leave. The Company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301 et seq.
("USERRA"). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.
Section 10.3 Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of twenty-four (24) scheduled work hours lost in the event of the death of the employee's parent, sibling, child, step-parent, step-child, stepsibling, spouse, mother in law, father in law or grandparent. Leave under this section shall be conditioned upon the employee submitting to the Company, if the Company so requests, proof of the death of the deceased and the employee's relationship to the deceased. If employees require more time off they will be allowed to use their benefit time or use unpaid time off.
Section 10.4 Union Leaves of Absence. The Company will permit an authorized representative of the Union an unpaid leave of absence to attend meetings, training and/or conventions for the Union, provided a written request is received by the Program Manager at least three (3) weeks prior to the beginning of such leave, and providing that this leave does not negatively impact Company operations. In no event will more than three (3) Union representatives be permitted leave under this provision. The maximum total period of such leave shall be fourteen (14) days total in any calendar year.
Section 10.5 Family and Medical Leave.
A. Leave Entitlement. An employee who has been employed by the Company for 12 months and who completed 1250 hours of work during the 12 month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act ("Act") in accordance with its provisions.
B. Year for Purposes of Determining Leave Entitlement. For purposes of determining an employee's Leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuring period.
Section 10.6 Non-Medical Emergency Leaves of Absence, may be granted at the discretion of the Employer, in accordance with Paragon Systems Inc. Policies and Procedures, without loss of seniority to the Employee. Such leaves, if granted, are not to exceed fifteen (15) days, unless approved by the employer. If the Leave of Absence exceeds thirty (30) days, seniority will be adjusted to reflect the absence for purposes of job bids, vacations and overtime assignments.
Employees on any other unpaid leaves of absence may be required to use available VACATION.
Length of service with the employer shall not accrue for purposes of vacation, holiday or other accrued benefits for any unpaid leave of absence over fifteen (15) days. The Employer will make every reasonable effort to maintain an Employee's position while on a non-statutory, unpaid leave of absence.
Section 10.7 Sick & Personal Leave with Pay.
A. Effective December 1, 2022, all non-probationary, full time employees employed as of that date will be granted fifty-six (56) hours of sick/personal leave annually.
B. Effective December 1, 2023, all non-probationary fulltime employees employed as of
C. Effective December 1, 2024, all non-probationary fulltime employees employed as of
D. Eligible part-time employees shall be entitled to pro-rated sick/personal leave at their straight-time rate based on the number of hours worked in the previous year, divided by 1872 (to a maximum of 56 hours). Employees who commence service on the contract between the eligibility dates set forth above shall be entitled to accrue sick/personal leave at the rate of one
(1) hour of sick leave for every thirty (30) hours of duty time, to a maximum of 56 hours, until they reach the following eligibility date.
E. Sick leave may be used for the following purposes:
(i) A physical or mental illness, injury, or medical condition of the employee;
(ii) Obtaining diagnosis, care, or preventive care from a health care provider by the employee;
(iii) Caring for the employee's child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship; or
(iv) Domestic violence, sexual assault, or stalking, or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, including preparation for or participation in any related civil or criminal legal proceeding, or assist an individual related to the employee as described in paragraph iii of this section in engaging in any of these activities.
F. Unused Leave. Beginning in 2023, at the end of each Contract year, all employees currently employed on November 30 shall receive any unused personal and sick leave in cash.
Unused personal and sick leave shall not be paid on termination of employment.
G. Sick leave may be taken in not less than one (1) hour increments and shall be paid when taken by the Employee. Sick leave shall not be cashed out either at the end of the year or upon termination.
H. Sick leave shall not be deemed hours of work for the purposes of computing overtime or other premium pay under this Agreement, nor shall fringe benefits accrue during such leave.
Employees shall be compensated for sick leave at the straight time rate of pay at the time the sick leave is accrued.
I. An employee who is absent for three consecutive days shall be required to provide verification from a physician licensed by the State of Florida of the employee's illness and authorization for absence from work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.
J. An employee who is unable to perform the functions of his or her position because of illness or injury, or for other medical reasons (including dental and medical examinations) may request to use accrued but unused vacation leave pursuant to the provisions of Article 11 or, alternatively, may request unpaid leave pursuant to the provisions of Section 10.6 subject to approval by the Company at its discretion.
Section 10.8 Notice of Absence. An employee who will be absent due to illness or injury or for other medical reasons (including dental and medical examinations) must provide the Company notice of his/her anticipated absence as required in Section 12.2, regardless of the length of the anticipated absence and .regardless of whether the employee seeks vacation pay for the absence.
Failure to do so will result in discipline up to and including discharge in accordance with Article 12.
Section 10.9 Rate of Pay. Except as otherwise provided in this Article, for any paid leave taken under this Article, an employee shall be compensated at the straight-time rate of pay at the time the leave is accrued. Except as otherwise specifically provided in this Article, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime.
Section 10.10 Except as otherwise herein provided, it is agreed by the parties that there shall not be any loss of seniority while employees are on such leaves of absence as provided for in this Article; however, employees shall not accrue vacation or sick leave or receive holiday pay during any leave of absence that extends beyond thirty (30) days.
Section 10.11 No employee will engage in employment with another employer while on a leave of absence as provided for herein.
ARTICLE 11
VACATION
Section 11.1 Eligibility. All employees will earn vacation time up to the maximum amounts set forth below.
• Upon completion of one (1) year of service: 120 hours
• Upon completion of five (5) years of service: 160 hours
• Upon completion of ten (10) years of service: 200 hours
Employees shall be eligible for earned vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary to the date of hire with the Company or predecessor to the Contract between the Company and the Government. Vacation shall not vest and employees shall not be entitled to vacation under the above schedule until the employee has completed each twelve (12) months of employment. If an employee separates from employment for any reason with less than one year and one day of employment with the Company or its predecessor shall not be entitled to any vacation pay.
Section 11.2 Vacation will be administered according to CFR 29, sections 4.173 and 4.176.
1. Employees earn vacation based upon the number of regular hours worked (regular productive, and training time taken) from the previous year's Government Seniority date to the current year's Government Seniority date divided by 1872 hours. The result is multiplied by the maximum number of vacation hours attainable for their years of service. The maximum amount of Vacation earned by any employee as a result of this calculation shall not exceed the maximum hours attainable for their years of service. Vacation pay will be earned in whole hour increments only, fractions of hours will not be considered.
2. The maximum amount of Vacation earned by any employee as a result of this calculation shall not exceed the maximum hours attainable for their years of service will be recorded and paid in whole hour increments only, fractions of hours will not be considered.
Section 11.3 When three or more employees request vacation during the same time period, and the Company cannot release them due to work requirements; Bargaining Unit Seniority shall be the deciding factor, except in emergency situations.
Section 11.4 Vacation Bidding. Each December for the duration of this Agreement, the Employer will collect vacation requests for the following calendar year between December 1 – 15, inclusive. Vacation requests submitted during that window will be granted in order of seniority, up to a maximum of 5% of the workforce in the particular geographical area. (Note:
any employee whose vacation “counts” against this 5% shall also be included in the total workforce calculation from which the 5% number is derived, whether or not a member of the bargaining unit.) Vacation requests submitted after December 15 and throughout the year will be granted on a first-come, first served basis.
All vacation requests shall be in writing on the Employer’s vacation request form and delivered to the employee’s immediate supervisor. All vacation requests shall be acknowledged by the supervisor in writing. All vacation requests outside the December bidding window shall be granted or denied in writing within five (5) business days of receipt.
Section 11.5 The Employer will recognize seniority when scheduling Employees for vacation in accordance with this Agreement. The Employer will allow the maximum number of 5% of personnel off at any one time for vacation that allows the Company to maintain efficient operations. It is the right of the Employer to ensure that vacation absences do not prevent full coverage of operational work requirements; however the employer must notify the denied employee at least thirty (30) days ahead of time except in the case of a bona-fide emergency.
Except in cases of bona fide emergency, once an employee's vacation is scheduled, it cannot be rescheduled unless mutually agreed upon by both parties. In such cases, the employee shall be reimbursed all nonrefundable costs expended for that employee.
Section 11.6 For the Purposes of all economic and non-economic Articles of this agreement, the Union and the Company agree to recognize that there may be a difference between an Employee's anniversary date on the Government Contract (Government Seniority), and the Employee's Bargaining Unit Seniority date.
Section 11.7 Vacation Cashout. Vacation vests on the employee’s first Service Contract Act work anniversary, and each anniversary thereafter. Any vested and unused vacation will be paid out in cash to the employee in the first full regular pay period after each subsequent anniversary.
An employee with vested and unused vacation on the books upon separation from employment shall be paid such unused vacation balance in cash. An employee with vested vacation on the books who wishes to receive cash in lieu of taking leave may do so at any time during the anniversary year, provided such cashout leaves a minimum of forty (40) hours of vested leave available to the employee for use. An employee who cashes out vacation during the anniversary year shall not be entitled to take unpaid leave except under unusual circumstances that must be approved by management.
ARTICLE 12
DISCIPLINE AND DISCHARGE
Section 12.1 Just Cause. No employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained in this Agreement. The employer agrees that the principles of progressive discipline should be used when applying discipline unless serious misconduct or a serious infraction occurs.
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