Attach 5 CBA Meritus Solutions Group.pdf

CURRENT COLLECTIVE BARGAINING AGREEMENTS - W9127N20C0003

(1) CBA

a. UNION: INTERNATIONAL UNION, SECURITY, POLICE AND FIRE PROFESSIONALS OF

AMERICA (SPFPA) AND ITS AMALGAMATED LOCAL 100

b. EFFECTIVE DATES: March 15, 2021 through March 14, 2024 (A recent REA was submitted to update labor wages for the periods March 15, 2024 thru 1 December 2027. A modification to incorporate the revised CBA is pending at this time)

c. LOCATION: Bonneville Lock and Dam, OR

(2) CBA

a. UNION: International Union, Security, Police and Fire Professionals of America (SPF

LOCAL 05

b. EFFECTIVE DATES: January 1, 2024 through December 31, 2026

c. LOCATION: John Day and The Dalles dams, OR

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

MERITUS SOLUTIONS GROUP, LLC

AND

INTERNATIONAL UNION, SECURITY, POLICE AND FIRE

PROFESSIONALS OF AMERICA (SPFPA)

BONNEVILLE LOCK AND DAM, OREGON

EFFECTIVE DATES: March 15, 2024 through December 1, 2027

TABLE OF CONTENTS

ARTICLE TITLE PAGE

AGREEMENT

I PURPOSE

II RECOGNITION

III UNION SECURITY

IV DUES CHECK OFF

V MANAGEMENT RIGHTS

VI NON-DISCRIMINATION

VII UNION REPRESENTATION

VIII DISCIPLINARY ACTION AND TERMINATION

IX GRIEVANCE PROCEDURE AND ARBITRATION

X LEAVES OF ABSENCE, JURY DUTY, AND FUNERAL LEAVE

XI SENIORITY

XII HOURS OF WORK AND OVERTIME

XIII SHIFT PREFERENCE

XIV WAGES

XV HEALTH AND WELFARE

XVI VACATION AND SICK LEAVE

XVII HOLIDAYS

XVIII UNIFORMS AND EQUIPMENT

XIV TRAINING, LICENSES, CERTIFICATIONS, AND EXAMINATIONS

XX GENERAL PROVISIONS

XXI NO STRIKE/NO LOCKOUT

XXII SEPERABILITY

XXIII DURATION OF AGREEMENT

SIGNATURE PAGE

APPENDIX A AUTHORIZATION FOR CHECK OFF OF DUES

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AGREEMENT:

Section 1. This Agreement is entered into this March 15, 2024 between Meritus Solutions

Group LLC (hereinafter referred to as “The Employer”), and the International Union, Security, Police and Fire Professionals of America (SPFPA) (hereinafter referred to as the “Union”).

ARTICLE I:

PURPOSE

Section 1. The purpose of this Agreement is to establish and maintain harmonious collective bargaining relations between the Employer and the Union, to provide for the peaceful adjustment of any differences which may arise between them and to set forth the basic agreement between the parties covering rates of pay, wages, benefits, hours of work and other conditions of employment.

Section 2. The parties acknowledge that during the negotiations which resulted in this

Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

ARTICLE II:

RECOGNITION

Section 1. The Employer recognizes the Union as the exclusive representative of all full-time and regular part-time armed and unarmed security officers performing guard duties employed by the Employer at the Bonneville Lock and Dam facility in Oregon for the purpose of collective bargaining in respect to rates of pay, wages, benefits, hours of employment and other conditions of employment in the bargaining unit(s), for which the Union is currently certified by the National

Labor Relations Board Case No. 19-RC-266791 or may be recognized by the Employer in the future.

Section 2. For purposes of this Agreement the term “officer” shall include and be limited to only those individuals for whom the Union has been certified by the NLRB or who are voluntarily recognized by the employer.

Section 3. The term “officer” shall not include categories of officers expressly excluded by the NLRB unit definition.

Section 4. The term “officer” shall include any member of the unit who works at any represented facility.

Section 5. Non-bargaining unit officers and other non-bargaining unit personnel will not perform bargaining unit work except in the case of emergency, training or instruction.

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ARTICLE III:

UNION SECURITY

Section 1. An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten

(10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten

(10) days after the thirtieth (30th) day following employment, whichever is later. Also as a condition of continued employment, an employee shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, for the duration of this Agreement.

Section 2. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General

Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

Section 3. In the event the Union requests the discharge of an employee for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks after the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the

Employer and the employee, and the Employer will not be required to discharge that employee.

Section 4. An employee shall not be required, as a condition of employment, to pay money to the Union, or to become a member of, or continue membership in, the Union, if he/she is employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

ARTICLE IV:

DUES CHECK OFF

Section 1. The Employer will deduct initiation fees, union dues and financial core fees from the wages of employees who voluntarily authorize the Employer to do so on a properly executed payroll deduction card in the form attached as Appendix A. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the employee has sufficient net earnings to cover the Union membership dues or payments. Funds deducted with a monthly summary showing name, address, date of hire, hourly rate, dues or service fee paid or not paid, and employees who have been terminated or placed on leave of absence shall be remitted to the Secretary-Treasurer of the International Union, SPFPA within fifteen (15) days after the first regular payday of the month.

Section 2. The Union will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and financial core fees. The Union also agrees to promptly notify the

Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month preceding the date that deductions are to be made.

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Section 3. Upon timely demand received from the Employer, the Union agrees to represent and indemnify the Employer against any loss or claim, which may arise as a result of the

Employer’s compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

ARTICLE V:

MANAGEMENT RIGHTS

Section 1. Subject only to such limitations as may be imposed by this Agreement and applicable statute, the Company retains the sole and exclusive right to manage its business and to direct the working force, including but not limited to the right to schedule work, to determine shifts, to assign work and working hours to Employees, to determine the amount and location of work, to determine the type of services performed, to establish reasonable quality and performance standards, to determine the most efficient means of providing service, to require every Employee to comply with normal, reasonable operating procedures, to formulate and enforce reasonable

Company rules and regulations which are equitably applied, to hire Employees, to discipline

(including discharge) for just cause, to promote, demote, layoff and transfer Employees, to maintain the discipline and efficiency of Employees, to judge skill, ability and physical fitness in a reasonable, nondiscriminatory manner, to control and regulate the use of all equipment and other property of the Company and/or the Government; provided, however, that with respect to any action which results in a change in established work rules, and/or existing hours of work Company shall give such prior notice to the Union as feasible and shall negotiate with the Union upon request. The Company explicitly retains any and all rights which are not covered by this Agreement and which it previously exercised. Management of the business and direction of the security force are exclusively the right of Management. The rights include the right to:

A. Hire.

B. Assign work.

C. Promote, demote.

D. Discharge, discipline, or suspend for just cause.

E. Determine when overtime shall be worked.

F. Determine the qualifications of an Employee to perform work.

G. Require Employees to observe reasonable Company rules and regulations.

Section 2. Note: The Company will provide Employees and the Union the Company

Handbook with any written rules and regulations not expressly covered in this agreement.

Section 3. Any of the rights, power or authority the Company had prior to the signing of the

Agreement are retained by the Company except those specifically abridged or modified by this

Agreement and any supplemental Agreements that may hereafter be made.

ARTICLE VI:

NON-DISCRIMINATION

Section 1. It is the policy of the Employer and the SPFPA that the provisions of this

Agreement be applied to all officers covered by this Agreement without regard to race, color, religion, age, sex, national origin or disability.

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Section 2. Wherever in this Agreement gender pronoun or the singular or plural form of a gender is used, it is understood that such references are meant to have equal application to all officers covered by this Agreement, male or female.

Section 3. This Agreement shall not be a barrier to the Employer offering a reasonable accommodation to any qualified officer or applicant with a disability, provided that, in the event the Employer extends such accommodation in any manner that conflicts with the terms of this

Agreement, the Union shall be provided advance notice and be given the opportunity to explore other alternative accommodations prior to implementation.

ARTICLE VII:

UNION REPRESENTATION

Section 1. The Union agrees that neither the Union nor any of its members will intimidate or coerce officers in their right to join a labor organization or refrain from such activity.

Section 2. Except as otherwise provided, Union business shall not be conducted during working time, exclusive of break or lunch time periods or in working areas if it interferes with security responsibilities without the consent of the shift supervisor.

Section 3. For the purpose of adjusting complaints in accordance with Article 6, Grievances, the Union shall be entitled to be represented by one (1) Shift Steward and (1) Alternate Shift

Steward on each shift at each location. The Local Union may also designate a Chief Steward who may substitute for the Shift Steward at any step. The Alternate shall function only when the Shift

Steward is absent from the plant, or when the Alternate is representing the Shift Steward. No probationary officer may serve as a Shift Steward, Chief Steward or Alternate. The Union is responsible for notifying the Employer in writing as to the individuals officially designated to act as Shift Stewards or Chief Stewards. An officer shall not be permitted to engage in Shift Steward or Chief Steward duties until such notification is received. No officer shall serve as Shift Steward, Chief Steward or Alternate while on lay off or while on leave of absence other than Union leave of absence.

Section 4. A Shift Steward, in addition to performing regular security duties, shall be permitted during working hours to investigate and assist in the settlement and presentation of complaints and grievances in accordance with the grievance and arbitration procedures of this

Agreement. The time will be devoted solely to the prompt handling of legitimate complaints and grievances and will not be abused. The Shift Steward will continue to work at their assigned duties at all times except when permitted by their site supervisor to leave their work after appropriate arrangements are made to cover the Shift Steward’s security responsibilities.

Section 5. Any Shift Steward having an individual grievance in connection with his own work may ask for the Alternate or the Chief Steward to represent him in accordance with the provisions of this Article.

Section 6. The Shift Steward, Chief Steward or Local President shall notify supervision whenever they enter, or remain in, the plant for the purpose of handling an individual grievance or complaint at any time other than during their regular shift.

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Section 7. The affected officer may request the presence of a Shift Steward at any disciplinary meeting. If requested, the Employer will contact the Union representative. If no representative is available within thirty (30) minutes, the officer will be provided a witness of his or her choice.

Management shall suspend further discussion with such officer until arrangements can be made for Union representative or witness participation.

Section 8. Upon ratification of the National Agreement between the parties, the Employer will make a reasonable attempt to distribute the SPFPA supplied “Weingarten Rights” cards to each officer assigned to a represented site.

ARTICLE VIII:

DISCIPLINARY ACTION AND TERMINATION

Section 1. Disciplinary actions will utilize a system of progressive discipline. For each offense type, the appropriate progressive disciplinary action shall be administered. Disciplinary action must be taken within ten (10) working days after the Company’s investigation of the alleged violation. All violations are cumulative per offense type and shall be based on a rolling twenty-four (24) month period. Disciplinary actions will be removed from an Employee’s personnel file twenty-four (24) months after issuance. The system of progressive discipline consists of the following actions:

A. Verbal warning

B. Written warning

C. Suspension up to one (1) day

D. Suspension up to three (3) days with Final Warning

E. Termination

Section 2. It is expressly agreed and understood that the Company shall have the right to establish from time to time other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same. The employer shall have the right to determine the level of discipline. Employee violations subject to disciplinary action includes, but is not limited to:

A. Excessive tardiness, no-calls, no-shows, call-outs, lack of providing 4 hours’ notice for absences, etc.

B. Call offs for previously denied Vacation, LWOP requests, or in conjunction with holidays.

Section 3. The Company retains the right to skip any part of the progressive discipline process for serious Employee misconduct. Serious misconduct includes, but is not limited to:

A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR

Sections 101-20.3.

B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or DHS), insubordination (including, without limitation, deliberate failure to carry out assigned tasks), and conducting personal affairs during official time. The term "personal affairs" as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provisions of their care provided

Pg. 6 that such activities have been approved by the Employee's supervisor. Long distance telephone calls shall not be made at Government or Company expense.

C. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

D. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or

Company.

E. Theft, vandalism, or criminal acts.

F. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Company's

Alcohol and Drug Abuse Policy.

G. Improper use of official authority or credentials.

H. Unauthorized use of communications equipment or Government property.

I. Misuse of weapon(s), violation of the Company weapons policy, or possession of private firearm or other private weapon on the job.

J. Violation of Government security procedures or regulations, including, without limitation, those set forth in the Performance Work Statement.

K. Violation of state or federal laws regarding the possession or use of a firearm.

L. Unauthorized post abandonment.

M. Failure to cooperate with Government officials, local law enforcement authorities, or the

Company during an official investigation.

N. Falsification of time records.

O. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.

P. Sexual, racial or verbal harassment in violation of Company policy.

Q. Failure to appear for work without notice ("no-call no-show") except in cases when the

Employee was unable to provide proper notice to the Company due to extreme injury or illness, or other extenuating circumstances.

Section 4. Any time an Employee is to be interviewed and disciplinary action may be taken, the Employee shall have a Union representative present if requested. Both the Employee and Union representative are entitled to know what the meeting is about and are entitled to consult prior to the interview. The representative will conduct themselves in accordance to the Weingarten Act. If

Union representation is not immediately available, the Employee reserves the right to choose suitable representation (without Management approval or input) from among unit members.

Section 5. Should any United States Government authority deny access to the facility, or revoke clearance or access to the facility where bargaining unit members work, the Company agrees to furnish the Union documentation of such government action. Removal by the government would preclude bargaining unit member’s right to pursue the matter through the grievance and arbitration procedure in Article 15. If documentation is available and permissible by the government, the Company will provide it to the Union: If no documentation is provided, then the grievance and arbitration procedure and just cause provision would be applicable.

Section 6. The Company shall have the right to discipline, suspend, or terminate an Employee for just cause only.

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ARTICLE IX:

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1. Only grievances which involve an alleged violation by the Company of any provision in this Agreement and which are processed in the manner and within the time limits herein provided shall be subject to arbitration, no grievance shall be arbitrable with respect to (Any matter involving the administration, interpretation, or application of any insurance plans and a decision of the Company to discharge or otherwise not retain or hire an employee on the U.S.

Government's or any of its Officials' determinations that an employee is unacceptable to the

Government to perform service on the contract irrespective of the reason or reasons the U.S.

Government or any of its Officials find an employee unacceptable to perform services. Evidence of the Government's determination shall be given to the employee and the Union upon termination from the Company.)

Section 2. Officers are encouraged to approach their immediate supervisor directly to attempt to resolve complaints informally without invocation of the formal grievance process. Any officer may elect to consult with his Shift Steward regarding a specific complaint and the supervisor will make arrangements for such consultation without undue delay. Officers may also request that the

Shift Steward handle a specific complaint with the immediate supervisor. In such cases, the supervisor will make prompt arrangements to confer with the Shift Steward and the officer.

Section 3. Step 1: If the complaint cannot be resolved informally, it shall be reduced to writing on the prescribed grievance form, dated, and signed by the Shift Steward and the aggrieved party. The written grievance shall summarize the pertinent facts and specify the contractual provisions allegedly violated and the relief requested. Grievances must be presented to the

Employer’s designated site representative within ten (10) days after notification of an incident/disciplinary action covered by the Agreement. A meeting shall be arranged within five

(5) days of the Employer’s receipt of the written grievance. The meeting shall be attended by the

Shift Steward or the Chief Steward and the site supervisor. The Employer shall give a written response to the grievance within five (5) days after the Step One meeting. If the matter is not resolved at Step One, it may be referred in writing to Step Two by serving a notice of appeal to the Employer.

Step 2. A meeting shall take place within ten (10) days after receipt of the Notice of Appeal from the Step One response. The meeting shall be attended by the appropriate Chief Steward and/or the Local President, or his designee, and the Employer’s representatives. The Employer shall give a written answer to the grievance within five (5) days after the Step Two hearing.

Step 3. Should the grievance remain unresolved, it shall be referred, within seven (7) calendar days of receipt of the Employer’s response, to the Union Representative who shall arrange a meeting with the designated Local and International Union representatives at the earliest convenient date and location. The parties will make every reasonable effort to schedule such meeting within fourteen (14) calendar days. The employer shall reply in writing within seven (7) calendar days after the Step 3 meeting.

Step 4: Should the grievance remain unsettled after the Step 3 meeting or should a meeting not be held within fourteen (14) calendar days, the Local President or International Representative may refer the grievance to arbitration by serving a written demand for arbitration on the Employer.

The demand must be mailed within fourteen (14) calendar days after the Step 3 response or twenty-eight (28) calendar days after referral of the matter to Step 3, whichever is later.

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Section 4. The parties agree that any grievance shall be considered withdrawn if not filed and processed by the Union in strict accordance with the time limitations set forth above. Failure of the Employer to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure. Any time limit may be extended by mutual written agreement between the Employer and the Union. For purposes of this Article, “days” unless otherwise specified shall mean the administrative days of Monday through Friday during regular first shift hours, excluding holidays.

Section 5. Any grievance involving a discharge, layoff or other action which may accumulate back pay liability, or any grievance filed by the Union in its representative capacity on behalf of a group of officers will proceed directly to the Step Three meeting within seven (7) days after a written grievance is submitted to the Employer.

Section 6. Upon completion of the third step grievance meeting where the Union and the

Employer agree to terms of financial settlement and upon receipt by the Employer of the Union’s sign off on the grievance, whether by fax or as an original, the Employer agrees to issue payment to the grievant within thirty days of receipt of the Union’s written approval of the settlement.

ARBITRATION

Section 7. The parties hereto shall choose an arbitrator by mutual agreement within fifteen

(15) calendar days from the date of the Employer’s receipt of the Union’s written appeal to arbitration. If the parties are unable to agree, then either party may file for a list of arbitrators with the Federal Mediation and Conciliation Service (FMCS). The Arbitrator shall be selected in accordance with FMCS rules of procedure.

Section 8. The arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this Agreement or to rule on any matter except while this Agreement is in full force and effect. The arbitrator’s decision shall be based exclusively on evidence presented at the arbitration hearing. The arbitrator’s decision shall demonstrate that he has thoroughly considered the arguments advanced by each party and cite the provisions of the Agreement serving as the basis for the decision.

Section 9. The arbitrator shall have no power to establish or change wage rates or wage scales or benefits.

Section 10. The decision of the arbitrator shall be issued as promptly as possible. His decisions shall be final and binding upon the Employer, the Union and the grievant.

Section 11. The compensation of the arbitrator and his expenses incidental to the arbitration shall be borne equally by the parties. Each party shall bear the expense of preparing its case and shall make arrangements for and pay the expenses of witnesses called by them.

Section 12. All awards of back wages shall not commence any sooner than ten (10) days prior to the date of the written grievance, unless the circumstances of the case are such that the grieving party was unaware of the existence of the claim prior to that time. Back wages shall be limited to the amount of wages the officer would otherwise have earned from employment with the Employer less any unemployment compensation, intervening earnings or other off-sets deemed appropriate by the arbitrator.

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Section 13. Unless the parties agree in writing to the contrary, an arbitrator may hear only one

(1) grievance in any one (1) proceeding.

Section 14. The parties may mutually agree to explore non-binding mediation as an alternative prior to arbitration.

Section 15. The parties further agree to establish a standing panel of Arbitrators, geographically listed, that either party may remove at any time.

ARTICLE X:

LEAVES OF ABSENCE, JURY DUTY AND BEREAVEMENT LEAVE

Section 1. Medical Leave: The Employer will grant a Medical leave of absence to regular officers who are unable to work due to physical disability resulting from illness or injury, provided such disability is confirmed by a duly licensed physician specifically describing the reasons for the officer’s disability to work during such period. Medical leaves shall be for an initial term of up to four (4) weeks and may be extended for a serious health condition for a period of up to twelve

(12) weeks in any twelve (12) month period. During any Medical leave, officers will be required to notify the Employer periodically of their medical status.

Section 2. Non-Occupational Injury/Illness: Employees unable to work due to a non-occupational injury or illness may be granted a leave of absence without pay for up to 12 weeks in a one (1) year period as prescribed by the Family Medical Leave Act. During the absence, Employees will continue to accrue seniority. If the injury or illness requires an absence longer than

12 weeks of FMLA, the Employee will be subject to termination by the Company and be given the opportunity to be rehired and resume employment with the Company, based on manning requirements, when able to return to work and meet all necessary requirements of employment.

A. Once terminated and rehired, if the lay off period is less than one (1) year, Employees shall retain their union seniority, but their union seniority shall be recalculated and pushed forward based on the length of their absence from the bargaining unit.

B. Once terminated and rehired, if the lay off period is greater than one (1) year, Employees shall lose their union seniority and be rehired with a new union seniority date.

Section 3. Occupational Injury/Illness: Employees unable to work due to a work-related injury or illness shall be eligible for a leave of absence without pay for the duration of their injury or illness and may also receive payment from workers compensation in relation to their work-related injury or illness.

(a) Officers who are injured on the job and sent out for medical treatment will be paid up to the end of their current shift, except when the injury is a result of the officer’s negligence or disregard to rules and/or regulations.

Section 4. Family Medical Leave: The Employer and the Union acknowledge that the provisions of the Family Medical Leave Act of 1993 apply to the officers working under this

Agreement. The employer will comply with the provisions of the Family and Medical Leave Act

(FMLA). Officers may be entitled to a leave of absence based upon meeting certain eligibility requirements and with proper submission of documented evidence of specific circumstances.

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Officers should contact the Employer District Office for further information. The Employer and the Union commit to meet to resolve potential conflicts between the Family Medical Leave Act and this Agreement.

Section 5. Americans with Disabilities Act: The Employer and the Union acknowledge that the provisions of the Americans with Disabilities Act of 1990 apply to the officers working under this Agreement. The Employer and the Union commit to meet to resolve potential conflicts between the American with Disabilities Act of 1990 and the Agreement as described herein.

Section 6. Personal Leave: The Employer will grant a Personal leave of absence, in weekly increments, upon request, for just cause provided the services of the officer are not immediately needed and other competent officers are available to do the usual work. Where possible, such leave shall be requested at least seven (7) days in advance. Just cause for Personal leaves shall include leave to attend to the needs of parents, spouse, and child with a serious health condition, or for the birth of a child, provided the aggregate Medical and Personal leave for any officer shall not exceed twelve (12) weeks in any twelve (12) month period unless a longer period is required by law.

Section 7. Union Leave:

(a) The Employer agrees that Union business shall also comprise just cause for a Personal leave, provided that no more than two officers at any site request leave for such purposes at one time and such officers are not engaged in activity adverse to the Employer. The

Employer will consider requests by no more than two (2) officers on a case-by-case basis.

Such leave shall not exceed sixty (60) work days in duration in any calendar year.

Additional or extended leaves shall be granted for good cause, upon written request to the

Employer. The Union agrees to provide seven (7) days written notice for such leave.

(b) A leave of absence shall be granted to an officer for full time assignment as a Union representative, provided a written request is made for such leave by the designated

International representative to the Employer. Officers on such leaves shall not receive wages under this agreement but shall continue to accrue seniority as long as they remain in

Union office or on Union assignment.

(c) The Employer will release elected Union officials whose responsibilities require short-term absence to attend to representation duties. Such officers will provide advance notice wherever possible and shall notify their supervisor immediately when summoned. Elected officials will remain on site at assignment until arrangements are made to cover security responsibilities.

(d) The Employer agrees to continue the officer’s life insurance and health programs while they are on Union leaves of absence and that the union will reimburse the Employer for their costs.

Section 8. All leaves with the exception of Funeral leave and Jury leave shall be without pay.

Section 9. The parties agree that acceptance of other employment during a leave of absence, without the express consent of management, will be regarded as a voluntary quit.

Section 10. Jury Duty: Officers serving Jury Duty on a scheduled work day will be provided an excused leave of absence for Jury services and shall receive the difference between the pay received for jury service and the hourly rate for such workday while required to serve on jury duty.

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Officers must provide proof of jury service for processing of wage maintenance. The Employer shall not interfere with an officer’s appointment to Jury Duty and officers serving Jury Duty shall be entitled to retain all earnings provided for Jury Service.

(a) If requested, officers will not be required/scheduled to work the midnight shifts the evening before their Jury Duty begins.

(b) Officers will be required to provide copies of their Jury Duty notification by the first shift following receipt of their notice of obligation in order to be eligible for pay and/or to be removed from schedule.

Section 11. Funeral Leave: Officers will be granted Funeral leave for a maximum of three (3) days, if work time is lost to attend the funeral of a member of the immediate family. The Funeral leave can extend up to one day following the day of the funeral but in no event shall exceed three

(3) days. The officer will be paid his straight time hourly earnings for the scheduled work days missed. The term “immediate family” shall mean grandmother, grandfather, mother, father, stepparents, mother and father-in-law, spouse, son, daughter, stepchildren, sister or brother. Time paid for such leave shall not be counted as a casual absence or as time worked.

(a) Paid funeral leave will be granted up to five (5) paid days for the attendance at the funeral of a present spouse or custodial dependent child, if work time is lost.

(b) Additional time off without pay will be provided for officers who attend out-of-state funerals for eligible immediate family members up to a maximum of five (5) days (three paid, two unpaid days).

Section 12. Military Service: Employees in the Armed Forces Reserve or National Guard will be granted a leave of absence without pay for the duration of required monthly or annual field training obligations or for the duration of a deployment. Employees recalled to Active Duty will be granted a leave of absence without pay for the duration of their recall.

Section 13. All other leaves of absence not covered above may be granted at the Company’s sole discretion for a period not to exceed 30 days. For leaves of absence 30 days or less, Employees will continue to accumulate seniority and at the end of such absence, be entitled to resume their employment duties with the Company with their regular seniority status and all job and recall rights. For leaves of absence greater than 30 days, Employees will retain union seniority accumulated prior to their absence, but will not accumulate union seniority during their absence, and at the end of such absence, their union seniority date will be recalculated based on the length of their absence, and be entitled to resume their employment duties with the Company with all job and recall rights.

A. Company benefits for the Employee will be cancelled after 30 days and the Employee will be eligible for COBRA benefits.

B. Employees shall submit a written request to the Company stating the approximate length and reason for the leave of absence. Employees will make every effort to submit the written request with enough advance notice to alleviate the need to change a posted schedule and failure to do so could result in Management denying the request.

C. Leaves of absence will not be granted for Employees to work elsewhere.

D. Employees who exceed 16 hours of unpaid absence in a 60-day period are subject to the disciplinary policy pursuant to the Article XX.

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ARTICLE XI:

SENIORITY

Section 1. Government Seniority Date / Service Credit Date shall be defined as an

Employee’s first day working as a Security officer, on a post, at the facilities covered by the

Agreement.

A. If two or more Employees work their first post on the same date, their seniority status will be determined by the Employee’s last four digits of their social security number, the lowest being the most senior.

Union Seniority Date shall be set as an Employee’s first day working as a Security officer in the bargaining unit, on a post, at the facilities covered by the Agreement.

Section 2. Forfeiture of seniority. An officer shall forfeit seniority only for the following reasons:

(a) Resignation;

(b) Retirement from the Employer;

(c) Discharge for just cause;

(d) Failure to return from a layoff within ten (10) working days after proper notification of recall has been given to the employee;

(e) Layoff for a continuous period of time equal to the officer’s seniority or thirty-six (36) consecutive months, whichever is greater;

(f) Completion of ninety (90) continuous days of service in a voluntary assignment outside the bargaining unit.

Section 3. An officer shall serve a probationary period of ninety (90) continuous days, which shall encompass no fewer than sixty (60) working days, not to exceed 120 calendar days. During the probationary period, the Employer shall have the sole discretion of disciplining or terminating such officers. Upon completion of the probationary period to the satisfaction of the Employer, an officer shall become a regular officer and his/her seniority shall date from the most recent start date on the Contract. The probationary period can only be extended by mutual consent of the Local

Union President and the Employer.

Section 4. Officers who accept a position out of the bargaining unit shall retain accumulated seniority during the first ninety (90) days spent out of the bargaining unit provided they remain in the active employment of the Employer. Such officers shall regain accumulated seniority upon transfer back into the bargaining unit within such ninety (90) days one time during the term of the

Agreement.

Section 5. Layoff Procedures: When it becomes necessary for a reduction in the work force in any unit, lay-offs will occur in the following sequence:

(a) All probationary officers;

(b) If additional reduction is necessary, part-time seniority officers;

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(c) If additional reduction is necessary, full-time seniority officers based on lowest seniority date.

Officers will be given as much notice as possible of layoff.

Section 6. Recall Procedure:

Laid-off officers will be recalled in the following sequence in line with their seniority:

(a) Full-time seniority officers, highest seniority first;

(b) Part-time seniority officers, highest seniority first, after all full-time seniority officers have been recalled.

Section 7. Recall rights for all officers shall continue for a period equal to the officer’s seniority or thirty-six (36) months from date of layoff whichever is greater. Officers who are recalled to an available position must state their intention to accept the job within three (3) days after notice of recall and must report for work within ten (10) days after notice of recall or else forfeit recall rights. The ten (10) day report time can be extended by mutual consent.

The officer shall be responsible for maintaining a current address and telephone number with the

Employer. Recall notice shall be given by telephone, where available, and will be confirmed by registered letter to the last known address.

Section 8. One (1) Union representative per shift up to a maximum of three (3) officers per unit who administrate the grievance procedure (excluding alternates) shall have super seniority for layoffs and recall purposes during the length of their term of office. Local Union is responsible to advise the Director of Labor Relations in writing of the names of these officers.

Section 9. Opportunities for full-time schedules will be offered to part-time officers based on their bargaining unit seniority. Should a part-time officer decline an opportunity for full-time status, said officer will not be offered another full-time opportunity until such time as all current less senior part-time officers have been afforded full-time opportunities.

Section 10. The Employer shall prepare separate seniority lists for full-time and part-time officers. Updated lists shall be provided in December and June of each year. The lists will include the officer’s name and seniority date. The Employer is responsible for posting the list at each location and mailing a copy to the Local President and the International.

(a) On March 30 and September 30 of each year the Employer must prepare a separate list of probationary full-time and part-time officers, a copy to be mailed to the Local

President and the International.

Section 11. A full time seniority officer who is unable to work a forty (40) hour work week due to: union leave, all military leaves, medical restrictions, such as: medical leave, or qualifies for leave under state or federal law will continue to accumulate seniority as a full time officer during such time.

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ARTICLE XII:

HOURS OF WORK AND OVERTIME

Section 1. The normal scheduled workweek for full-time Employees shall consist of four (4) consecutive days worked, followed by three (3) consecutive days of rest. This does not prohibit the Company from implementing alternative schedules in the future, with at least sixty (60) days prior notification to the Union, or as soon as practical if circumstances don not allow for such notice beyond the Employer’s control. In such cases, the Parties agree to meet and discuss the impacts of the change as soon as possible.

Work Shifts: The typical schedule work-shifts shall be the below listed shifts. This does not prohibit the Company from implementing alternative schedules in the future, with Union notification.

A. Day Shift: 0600-1800

B. Night Shift: 1800-0600

Section 2. All work in excess of forty (40) hours per one (1) workweek shall be paid for at one and one half (1½) times the employees regular straight time hourly rate of pay.

Section 3. Officers reporting to work as scheduled without having been notified that there would be no work shall receive a minimum of four (4) hours work or pay at the rate they would have received had they worked. The Employer shall have the right to require the officer to work for this payment. This section shall not apply where work is not available because of Acts of God, catastrophe, or other conditions beyond the control of the Employer.

Section 4. Officers called back to work after completion of their regular shift will be guaranteed four (4) hours work or four (4) hours pay provided, however, that any officer who voluntarily leaves with Management’s approval prior to the completion of the four (4) hours work will only receive pay for the actual time worked.

Section 5. Officers will not be given time off to prevent the payment of overtime, except by mutual agreement. Officers requested to come to work early, prior to their scheduled starting times, will be permitted to complete their regular scheduled shift.

Section 6. An overtime sign-up list will be made available to Employees seeking overtime.

Overtime includes scheduled overtime and overtime for the purposes of short-notice shift coverage due to call-outs, etc. Employees can add or remove their name from the overtime list at any time.

A. Employees on the list will be offered overtime on a rotating basis, by order of seniority, and will have first right of work or refusal.

B. Employees will not work mandatory overtime unless there are insufficient volunteers.

Mandatory overtime will be assigned on a rotating basis, by order of seniority, with the lowest in seniority assigned first.

Once overtime has been assigned, either by a posted schedule or verbally with Management

(Sergeant/Lieutenant/Captain), the overtime cannot be taken away unless no longer required due to changes in operational necessity (asset arrival/departure, etc.).

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Employees will not be given time off to offset the payment of overtime. Employees will not be required to stand by or suspend work in order to offset the payment of overtime.

Employees will not be required to stand by or absorb idle time without being paid the regular rate of pay (or applicable overtime rate), including all benefits and allowances.

Section 7. Meal and Rest Periods: An employee is authorized and permitted to take 10 minute duty-free rest periods, which insofar as practicable shall be in the middle of each work period, for each four (4) hours worked, or major fraction thereof, as required by law. An employee who did not receive a ten (10) minute rest period as required by law must indicate such in his or her time system (Valiant), or other reporting system provided by the Employer, for that day and initial such, otherwise the Employer may assume that the employee received all rest periods.

Disputes regarding rest periods may be resolved in accordance with Article VIII (Grievance and

Arbitration Procedure), and the grievance may be filed within the time allowed by law, provided that after exhausting said Grievance and Arbitration Procedure, the employee may then utilize other available legal means.

Section 8. An employee who works more than five hours in a work period is authorized and permitted to take a duty free meal period of not less than thirty (30) minutes, except that when a work period of not more than six (6) hours will complete the day's work, the meal period may be waived by mutual consent of the Employer and employee. Unless the employee is relieved of all duty during a thirty (30) minute meal period, the meal period shall be considered "on duty" and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty. The parties agree that the nature of the work performed by a security officer may from time to time prevent him or her from being relieved of all duties necessitating an on-the-job paid meal period and that said agreement may be revoked in writing as permitted by law. An employee who did not receive a meal period as required by law must indicate such in his or her time card or system (Valiant), or other reporting system provided by the Employer,for that day and initial such, otherwise the Employer may assume that the employee received all meal periods as required by law. Disputes regarding meal periods may be resolved in accordance with Article VIII (Grievance and Arbitration Procedure), and the grievance may be filed within the time allowed by law, provided that after exhausting said Grievance and

Arbitration Procedure, the employee may then utilize other available legal means.

ARTICLE XIII:

SHIFT PREFERENCE

Section 1. During the first two (2) weeks of January and July of each year, full-time officers with at least ninety (90) days unit seniority will submit an application on the prescribed form to his/her Supervisor indicating his/her first, second and third choices of shift preferences. The shift preference form submitted will be valid until changed in writing during the next shift preference-filing period. Shift preference will take effect during the first pay period of the month following the shift preference-filing period. Shift assignments will be awarded in line with unit seniority; the most senior person getting first choice. Once the senior officer is offered a position and refuses it for any reason, his/her name falls to the bottom of the appropriate list.

(a) Openings that occur as a result of this shift selection process will be filled by management utilizing the least senior officer on an off shift.

(b) Any officer who desires a change in shift due to hardship circumstances must obtain a mutually acceptable shift trade with another officer in his/her unit. The proposed shift

Pg. 16 change must be put in writing, submitted to the Security Chief/Site Coordinator/Senior Site

Coordinator or Supervisor for his/her approval and shall not exceed a period of thirty (30) days. A change in shift must be approved by management prior to its effective date.

Approval for a continuation of the change in shift beyond thirty (30) days will necessitate a repeat of the above process.

(c) If a shift vacancy occurs, once shift preference requests have been exhausted, the vacancy will be posted for five (5) working days.

ARTICLE XIV:

WAGES

Section 1. Straight Time Rate of Pay. The Company agrees to pay employees at the straight time rate of pay set forth below:

Current: $18.87

Effective 1/1/2025: $20.76

Effective 1/1/2026: TBD

Effective 1/1/2027: TBD

Section 2. Employees assigned as site/shift lead shall receive $2.00 an hour in addition to his/her regular hourly rate of pay.

Section 3. Employees assigned as Badge and ID Officer shall receive $0.25 an hour in addition to his/her regular hourly rate of pay.

Section 4. The parties agree to meet and negotiate Wage rates for years indicated as

“TBD” above at least sixty (60) days prior to January 1st, 2025 & January 1st, 2026. All other terms and conditions remain in full force and effect during such reopener negotiations.

ARTICLE XV:

HEALTH AND WELFARE

Section 1. The Employer will make the following health and welfare payments on all hours worked on post and training hours plus sick leave taken and vacation leave taken, up to forty

(40) hours per week and up to a…