Attachment 4 - ASSET PROTECTION NJ ICE CBA.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

ASSET PROTECTION & SECURITY SERVICES,

LP - (NEWARK ICE)

EFFECTIVE DATE: August 1, 2025 TERMINATION DATE: July 31, 2028

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AGREEMENT BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

and

ASSET PROTECTION SERVICES (NEWARK ICE)

PREAMBLE ……………………………………………………..……………………… 3

ARTICLE 1 PARTIES AND TERMS / RECOGNITION

ARTICLE 2 CLASSIFICATIONS

ARTICLE 3 FAIR EMPLOYMENT PRACTICES / ANTI-DISCRIMINATION

ARTICLE 4 UNION SECURITY AND DUES CHECK-OFF

ARTICLE 5 UNION REPRESENTATION

ARTICLE 6 MANAGEMENT RIGHTS

ARTICLE 7 WORK RULES………………………

ARTICLE 8 NO STRIKES / LOCK OUT

ARTICLE 9 PROBATION PERIOD / SENIORITY

ARTICLE 10 TRANSFER, LAY-OFF, AND RECALL

ARTICLE 11 GRIEVANCE PROCEDURES

ARTICLE 12 ARBITRATION PROCEDURE

ARTICLE 13 DRUG & ALCOHOL POLICY…………………………

ARTICLE 14 GOVERNMENT REQUIREMENTS / LICENSING / TRAINING

ARTICLE 15 EXAMINATIONS

ARTICLE 16 PROFESSIONAL APPEARANCE, UNIFORM ALLOWANCE

& EQUIPMENT

ARTICLE 17 DISCIPLINE……………………

ARTICLE 18 HOURS OF WORK / WORK SCHEDULE / EMERGENCY

ARTICLE 19 JOB OPPORTUNITIES AND BIDDING PROCESS………

ARTICLE 20 WAGES…………………

ARTICLE 21 HEALTH AND WELFARE / RETIREMENT

ARTICLE 22 VACATIONS………………………………

ARTICLE 23 SICK LEAVE / PERSONAL………………

ARTICLE 24 HOLIDAYS…………………………………

ARTICLE 25 TYPES OF LEAVE…………………………

ARTICLE 26 PERSONNEL RECORDS…………………

ARTICLE 27 SERVICE CONTRACT PROCEDURES AND OBLIGATIONS

ARTICLE 28 SEVERABILITY……………….……………

ARTICLE 29 SUCCESSORS AND ASSIGNS…………………

ARTICLE 30 WAIVER, ENTIRE AGREEMENT, AND AMENDMENTS

ARTICLE 31 EFFECTIVE DATE AND IMPLEMENTATION OF TERMS……………36

ARTICLE 32 DURATION OF AGREEMENT………………………………

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PREAMBLE

THIS AGREEMENT is made and entered into August 1, 2025 by and between the FEDERAL CONTRACT GUARDS OF AMERICA (the “Union”) and ASSET PROTECTION & SECURITY SERVICES, L.P. (NEWARK ICE), along with its successors and assigns, (the “Company”).

ARTICLE 1

PARTIES AND TERMS / RECOGNITION

SECTION 1.1

The Company hereby recognizes the Union as the exclusive bargaining representative of the members in the bargaining unit. The bargaining unit is defined as all full-time and regular part-time Transportation Officers and Lead Officers, if utilized, employed by the Company under the Company’s sub-contract subordinate to the ICE Contract for Armed Transportation Services emanating from the Newark, New Jersey Hub (hereinafter the “contract” and assigned to the Asset Protection & Security Services, L.P. in Newark, NJ, excluding all office clerical employees, professional employees, managers, and supervisors as defined in the National Labor Relations Act, as amended and all other employees of the Company who are excluded due to not meeting the job title requirements of this paragraph, pursuant to the Company’s contract with the ICE Contract , EMPLOYEES WORKING AT Newark ICE Hub (“Contract”).

SECTION 1.2

The Parties acknowledge that during negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated upon; and that the Agreements contained herein were arrived at after the free exercise of such rights and opportunities. All rights, privileges and authority regarding subjects of bargaining not expressly addressed in this Agreement are reserved to the management of the Company. The Company agrees to notify the Union of policy or procedure changes, in writing and if requested by the Union, the Company will meet with the Union to discuss any changes.

SECTION 1.3

This recognition of the Union only applies to the extent the work is being performed pursuant to the Contract. Furthermore, the Employer shall have no liability as a successor employer for events occurring before the execution of this Agreement unless required by law.

Any past employment or operational practices which occurred prior to the date hereof not discussed and specifically detailed in this Agreement, will not be recognized.

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ARTICLE 2

CLASSIFICATIONS

SECTION 2.1

Full-time employees are those employees who are classified as such on the Seniority List who are regularly scheduled to work thirty-six (36) or more hours per week. The number of Full-time employee slots is determined by the Company based on various post coverage requirements incident to performance of the Client contract.

SECTION 2.2

Regular Part-time employees are those employees who are classified as such on the Seniority List, who work less than a full-time schedule.

SECTION 2.3

If an employee leaves a Union covered position for a non-covered position with management who subsequently returns to the bargaining unit position within 90 days, the employee will retain his/her original seniority.

SECTION 2.4

Site Leads will be required to comply with post orders and otherwise perform the functions of a supervisor, but such employees shall have no express authority to hire or fire or discipline but must report violations. The parties recognize that Site Leads have limited authority and will not remove them from the bargaining unit. Nothing in this section shall circumvent or hinder the Company’s ability and requirement to fulfill its obligations to the Client, as outlined in their Performance Work Statement and/or Article 28 within this Agreement.

SECTION 2.5

In the event of an emergency or to provide relief it is expressly understood that non-unit members may perform bargaining unit work as determined necessary by the Company to cover posts due to workforce shortage(s) only until proper bargaining unit personnel can be assigned.

ARTICLE 3

FAIR EMPLOYMENT PRACTICES / ANTI-DISCRIMINATION

SECTION 3.1

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient operations. The Union and the Company agree that they will use their best efforts to cause the bargaining unit employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company, and that neither their representatives nor their members will intimidate, coerce or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and

5 / 37 the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

SECTION 3.2

The parties agree that this document uses terms that are gender specific (i.e., “he” or “her”). The application and use of such terms are not intended to discriminate or exclude any individual covered by this Agreement but rather are intended to reduce redundancies in writing this document.

SECTION 3.3

The Company and the Union agree that they shall each comply with all federal, state, and local (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, creed, religion, national origin, ancestry, citizenship status, age, disability or handicap, sex, marital status, sexual orientation, gender expression or identity, veteran status, genetic information or any other characteristic protected by applicable federal, state or local laws (“protected status”). Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et sea), Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Rehabilitation Act (29 U.S.C. § 793 et sea.), the Civil Rights Act of 1866 and 1871 (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.C. § 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). Any claim that the foregoing provision has been breached, or that the Company has breached any federal, state, or local civil rights law, shall be resolved exclusively pursuant to binding arbitration as set forth in the appropriate Article after exhaustion of the parties’ internal dispute resolution procedures. Should an employee or the Union file a claim with any federal, state, or local agency alleging discrimination which would be prohibited by the terms of this agreement, the Company and the Union shall waive any rights to file a grievance or pursue arbitration under the terms of this agreement for the same events and occurrences that led to the filing of the claim with the federal, state or local agency.

ARTICLE 4

UNION SECURITY AND DUES CHECK-OFFT

SECTION 4.1

A. An employee who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union or become an agency-fee-paying objector, 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, an employee shall remain a member of the Union, to the extent of paying membership dues uniformly required as a condition of acquiring or retaining membership in the Union, for the duration of this Agreement. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core

6 / 37 fees, which are germane to collective bargaining (known as agency-fess), as defined by the U.S. Supreme Court NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck

v. Communications Workers of America, 487 U.S. 735 (1988). In the event the Union requests the removal of an employee from the contract for failure to comply with the provisions of this Article, it shall serve written notice on the Company requesting that such employee be removed effective no sooner than two (2) weeks after the date of that notice.

The notice shall also contain the reasons for removal. In the event the Union subsequently determines that the employee has remedied the default prior to the removal date, the Union will notify the Company and the employee, and the Company will not be required to remove that employee. The Employer shall not be required to terminate an employee for failing to maintain good standing with the union if the termination would cause Employer:

to be non-compliant with its Prime Contract with the Client;

B. A member shall not be required 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.

The Parties acknowledge that this Agreement covers a Client contract where services are performed within a federal enclave.

SECTION 4.2

The Company agrees that, upon receipt of an individual written request, on a form provided by the Union and signed by an employee covered by this Agreement, to deduct Union dues, fees and/or assessments from the wages of bargaining unit members. Such deductions shall be made monthly.

Funds deducted shall be remitted to the Secretary/Treasurer at the Union’s billing location at P.O.

Box 311022, Jamaica, NY 11432. When an employee separates from the bargaining unit, such deduction shall cease, upon notice from the Company of such separation. The deduction shall be divided into two and taken from each bi-weekly paycheck each month, not to exceed 24 paychecks in total.

The Company agrees to promptly notify the Union’s Membership Coordinator, via the billing department, of any separation of employment and/or extended leave of absence.

SECTION 4.3

The Union agrees it will promptly furnish a written schedule of the Union dues, assessments, initiation and proportionate share payments. The Union also agrees to promptly notify the Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month preceding the date that deductions are to be made. The Company shall not be required to make any retroactive deductions and is not liable for any deductions if the Union has failed to give prompt prior notice and/or failed to have any authorization cards submitted prior to the fifteenth (15th) of the preceding month.

SECTION 4.4

The Company agrees to furnish the Union, by the 7th of each month, an alphabetized list of employee names, when remitting the amount of Union deductions for each employee represented by the Union.

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SECTION 4.5

The Union agrees to indemnify and hold the Company harmless against any claim, suit, judgment, loss, or liability of any sort whatsoever arising out of the Company’s compliance with the provisions of this Article.

ARTICLE 5

UNION REPRESENTATION

SECTION 5.1

Upon authorization from the Company and the Client, access to its premises during working hours will be given to the Union when necessary for the purpose of addressing Union business with management.

SECTION 5.2

On a quarterly basis at a minimum, or when a change occurs, the Company shall provide the Union with an alphabetized list of all employees and other information not considered to be in violation of the Privacy Act. For purposes of establishing a seniority list, copies of the alphabetized list may be posted at all facilities covered by this Agreement in seniority order.

SECTION 5.3

The Company agrees to recognize Union Stewards. The Company agrees to allow the Union Steward to be present when an employee, who is the subject of the investigation that could result in discipline, requests a steward to be present during a disciplinary or investigatory interview, and immediately direct the affected employee to the available Union Representative.

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

A. The Steward Representative is employed to perform full-time work on the post to which each is assigned. The Steward Representative may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement, provided the employee receives authorization from the Company prior to conducting Union business while on duty.

B. The Union will appoint up to three (3) Shop Stewards for the bargaining unit, and shall provide the list of such to the Company, and written notification of subsequent changes.

C. Any Steward having an individual grievance in connection with his own work may ask for the Chief Steward to represent him in accordance with the provisions of Article 11, Grievance Procedures, of this Agreement, below.

D. The Company will notify the Chief Steward of any new hires.

SECTION 5.4

A short-term Union leave (without pay) may be granted to an employee to attend Constitutional Conventions, Regional and/or State Conferences, etc. provided that no more than two (2) employees shall be granted this type of leave at the same time. The Union shall provide the Company, in writing, two weeks in advance, the request for such leave. Such leave shall be granted

8 / 37 depending upon operational needs of the Company. Leave requests may be denied, if coverage is not available without the Company incurring overtime and/or the release will impair the Company’s contractual obligations. Such leave shall not exceed a total of five (5) days per contract year.

SECTION 5.5

Whenever possible a bulletin board will be provided which may be used by the Union for posting notices that are approved by the President of the Union:

1. Notices of Union recreational and social affairs;

2. Notices of Union elections and nomination sheets for Union officer elections;

3. Notices of Union appointments and results of Union elections;

4. Notices of Union meetings;

5. Notices concerning bona fide Union activities such as: Cooperatives, Credit Unions, Unemployment Compensation Information, benefit information and membership programs;

6. Other notices concerning Union affairs that are not political or controversial in nature or adverse to the Company and/or the Client;

7. General Union contact information.

SECTION 5.6

The Company agrees to furnish statements, written material or allegations to the Union in accordance with proper written request procedures related to any investigation giving rise to a grievance involving rights and/or obligations of the collective bargaining unit. The Company agrees to furnish statements, written material or allegations to the Union upon written request by the affected employee. The number of documents requested by the Union shall be specifically applicable to the grievance and as agreed to by the Union and the Company. Documents can be provided electronically to the Union. All information provided shall be protected and held confidentially. Release of confidential information is subject to disciplinary action in accordance with the Employee Handbook and the progressive discipline policy as outlined Article 11.

ARTICLE 6

MANAGEMENT RIGHTS

SECTION 6.1

Realizing that the Company must have flexibility regarding all job assignments and other operational decisions, the Company retains the right, subject only to the limitations expressly set forth in this Agreement, to exercise all the rights and functions of management. Subject to the expressed limitations in this Agreement, nothing in this Agreement shall be construed to limit or impair the right of the Company to exercise its own discretion in determining whom to employ, and nothing in this Agreement shall be interpreted as interfering with the Company’s right to manage its business and direct its workforce, including but not limited to:

• the right to direct and control all operations and services to be performed by the employees of the Company;

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• to maintain order and efficiency in operations, to establish and change work schedules, to regulate the number of employees and the number and length of shifts and the starting and stopping time of each shift, to hire, transfer, lay off, promote, or determine the qualifications and classifications of employees, or to discharge, suspend with, or otherwise discipline employees for just cause;

• to alter, extend, limit, cease, transfer, or discontinue its operations or any part thereof, to decide the number of employees that may be assigned to work on any shift or any part thereof;

• to decide the number of employees that may be assigned to work on any shift or any job or the equipment to be employed in the performance of such work;

• to make and enforce rules and regulations;

• and to set and enforce standards of employee performance when in its sole discretion it may deem it advisable to do any or all of said things to meet the designated contract requirement.

SECTION 6.2

The list of management rights set forth in this Article is not intended to be nor shall it be construed as a restriction or waiver of any rights of the Company not listed and not specifically surrendered in this Agreement, whether or not such rights have been exercised in the past.

SECTION 6.3

This Article 6 shall survive the expiration of this Agreement and will continue in full force and effect.

ARTICLE 7

WORK RULES

SECTION 7.1

The Company has the sole right to promulgate, supplement, alter, modify, amend, and rescind work rules. For the purpose of this Article, work rules are defined as rules, policies, procedures, guidance, etc., promulgated by the Company, which regulate employees relative to and affecting their employment.

SECTION 7.2

The Company will promptly notify the Union in writing of any new or changed work rules. Upon notification by the Company the Union will have thirty (30) calendar days to request to confer on any new or changed work rules. Failure to request the opportunity will be understood as concurrence by the Union.

SECTION 7.3

The Company will ensure that all employees have signed for and received a copy of all work rules, standards of conduct, and Government policies, procedures and standards for which an employee will be expected to adhere to.

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ARTICLE 8

NO STRIKES / LOCK OUT

The Company agrees not to cause, permit or engage in any lockout of its employees during the term of this Agreement. The Union agrees that neither it nor the employees it represents covered by this Agreement will, during the term of this Agreement, cause, permit or take party in any strike, including sympathy strike, or picketing. It shall be a violation of this Agreement, and it shall be cause for discharge or suspension in the event an employee refuses to enter upon any property involved in a labor dispute involving other employee organizations or refuses to go through or work behind any picket lines involving other employee organizations at the Company’s place or places of business. The Union and the Company agree to take all steps possible to ensure that Government property is properly secured and protected in the event of labor disputes involving other employee organizations at the site(s)/facilities in this Agreement.

ARTICLE 9

PROBATION PERIOD / SENIORITY

SECTION 9.1 TRIAL PERIOD & PROBATION PERIOD

A. All newly hired employees not previously employed, and those who are rehired after loss of seniority, by the Company shall be considered a probationary employee of the Company or Predecessor Company during their first ninety (90) calendar days of employment, during which they may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement. After the probationary period, the new employee shall accrue seniority and all other benefits of this Agreement from the date of his hire.

B. Provided an employee completes the ninety (90) calendar day probationary period, the anniversary date shall coincide with the employee’s hire date. For purposes of unit-wide selection of shifts, days of rest or vacation, seniority shall begin when entering the unit, which is defined by the day the employee first works a transportation post.

SECTION 9.2 SENIORITY

A. For benefit purposes, seniority for all employees shall mean the total length of time the employee has been employed by the Company and predecessor companies doing contract prescribed activities (work) on the contract, unless otherwise provided for in this Agreement.

B. Unit seniority shall be the total length of time employed within the bargaining unit.

C. Benefit seniority shall be the total length of time employed on the current or predecessor

Company contract.

D. The Company shall maintain one seniority list: Which shall designate full time and part time employees. Said lists shall contain original date of hire, last date of hire.

E. For employees sharing the same date of hire, seniority shall be determined by the highest number of the last four (4) digits of their social security number. Employee with the highest number will be considered the senior employee.

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F. An employee’s seniority and employment shall be terminated upon the occurrence of any of the following events:

1. Employee is discharged for just cause;

2. Employee voluntarily separates;

3. Employee has failed to express their intent to return to work, and/or does not return to work in accordance with the requirements in this Agreement;

4. Employee fails to report to work for three (3) consecutively scheduled days without notifying the Company, except in case of circumstances beyond their control with valid documentation;

5. If an employee transfers to a non-Union position, he/she will retain their seniority for 90 days.

6. An employee accepts employment elsewhere while on leave of absence.

7. Any employee on layoff for more than twelve (12) months.

ARTICLE 10

TRANSFER, LAY-OFF, AND RECALL

SECTION 10.1

In the event the Company deems a lay off is necessary, the Company shall notify the Union ten

(10) business days in advance, whenever possible. Lay-off shall be conducted in the following manner:

1. All probationary employees

2. Part-time employees in inverse order of part-time unit seniority

3. Full-time employees in inverse order of full-time unit seniority

SECTION 10.2

Employees will maintain seniority rights for recall for a period not to exceed 12 months if contract requirements are met.

SECTION 10.3

When the Company decides to increase its workforce, prior to employing newly hired or promoting employees they must first offer positions to the effected employees on lay-off in reverse order in which they were laid off.

SECTION 10.4

It is the responsibility of the laid off employee to keep the Company advised of any changes in their mailing address. The employee shall reply to the Company their intent to return to work within seventy-two (72) hours after receipt of certified notice from the Company of recall. The employee will then have a maximum of seven (7) calendar days to report for duty.

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SECTION 10.5

Notwithstanding the provisions of this Article, if the Company mails the notice of recall to the most recent recall address contained in the Company’s records for the employee, and there has been no response from the employee within seven (7) calendar days from the date of mailing (the day of mailing is not counted), regardless of whether the employee has actual notice of the recall, the employee will lose recall rights for that position and be returned to the recall list.

SECTION 10.5

The Company will provide the Union with any relevant recall notices to enable the Union to send a supplemental communication to the recalled employee(s), reminding them to respond to the recall notice within the specified timeframe.

ARTICLE 11

GRIEVANCE PROCEDURES

SECTION 11.1

A. A grievance shall be defined as any dispute concerning the application or interpretation of this Agreement, or any dispute concerning wages, hours, or working conditions of employees covered by this Agreement, between any employee(s), the Company or the Union; however, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration hereunder. It is expressly understood and agreed, however, that this Agreement incorporates all applicable federal, state and local anti-discrimination statutes, and that any claims of discrimination by the Company, including those based on federal, state or local statutes, shall be subject to this Article as the exclusive means of redress.

B. The parties shall attempt to resolve all disputes arising in connection with this Agreement on an informal basis. If the parties are unable to resolve such dispute in the manner provided herein, the party making the claim shall, within the applicable time limit set out below, serve a written grievance on the other party. When the Company requests a meeting with the Union Steward during working hours, the Steward will not be docked [a reduction in wages] for time lost in attending such meeting.

SECTION 11.2 STEP 1

Any employee having a grievance under this Agreement shall reduce their grievance to writing and present said grievance to the Program Manager or his designee within ten (10) business days after the occurrence giving rise to the grievance or when the aggrieved employee was first made aware. The aggrieved employee may elect to have a Union representative present.

SECTION 11.3 STEP 2

If the matter is not resolved in Step 1, the grievance shall be submitted in writing to the Company Vice President or his designee within ten (10) business days from the receipt of the response to Step 1 grievance. The written grievance, in addition to the above, shall contain the following:

1. The Complaint

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2. The specific provision(s) of this Agreement allegedly violated by the conduct

3. The date on which the said conduct occurred

4. The date of filing of this grievance

5. The position or demand of the Union

The Company Vice President or his designee shall submit his answer in writing within ten (10) business days from receipt of the Step 2 grievance to the aggrieved employee, Union shop steward, and Union representative.

SECTION 11.4 STEP 3

If the matter is not resolved in Step 2, the Union may elevate the grievance in writing to the Company Corporate Vice President of Human Resources or designee within seven (7) business days from receipt of the Company designee’s answer in step 2. The employee may not add additional complaints to the grievance. The Company Corporate Vice President of Human Resources or designee shall submit a written reply to the Union within seven (10) business days.

SECTION 11.5 STEP 4

If the matter is not resolved in Step 3, the Union may elevate the grievance in writing to the Company’s President within seven (7) business days of the Step 3 rejection. The Company President or designee and Union President or designee shall meet (via teleconference) within ten

(10) business days of receipt of the Step 4 Grievance. Within seven (7) business days of the meeting, the Company shall forward its final grievance response to the Union President or designee. If the grievance is not resolved at Step 4, the Union will advise the Company, within seven (7) business days of its intentions regarding Arbitration.

SECTION 11.6 TIME LIMIT

The number of days outlined in this Article, for the processing and presentation of grievances, shall establish the maximum time allowed for the presentation and processing of a grievance.

When used in this Article, the term “days” shall mean business days, not including named holidays as listed in this Agreement. Failure of the Company to act within the time limit set forth in any step shall elevate the matter to step four. Failure of the Union to elevate the matter within the designated timeframe shall deem the matter settled in accordance with the last step’s determination. Time specifications may be extended, in writing, by mutual agreement between the Company and the Union.

SECTION 11.7

All suspension and terminations will automatically start at Step 4 of the grievance procedure.

ARTICLE 12

ARBITRATION PROCEDURE

If the matter is not resolved in Step 4 of the Grievance Procedure:

A. If the grievance is not resolved at Step 4, the Union will advise the Company, within seven

(7) business days of its intentions regarding Arbitration. Within seven (7) business days after notice to the Company, the Union may request the Federal Mediation & Conciliation Service to furnish a list of seven (7) available arbitrators.

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B. Within ten (10) business days after the receipt of the list of arbitrators, representatives of the Union and the Company will alternately strike a name and the last remaining name on the list shall be the arbitrator to hear the case. The first party to strike shall be determined by the toss of a coin or mutual agreement; for any subsequent arbitrations, the parties will alternate as to who will strike first.

C. The arbitrator shall not have the authority to alter, amend or change the terms and provisions of this Agreement.

D. The fees and expenses of the arbitrator shall be borne by the loser of each individual arbitration, not including any legal fees that may be inflicted during an arbitration proceeding.

E. Time limits set forth for this arbitration provision may be extended only by mutual agreement in writing of the Union and the Company. Holidays shall be excluded in the time limits.

F. The arbitrator shall render a decision within sixty (60) days following the hearing.

Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the Union, its members, the employee or employees involved, and on the Company. Any award of back compensation shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received). Any award of reinstatement shall be subject to the Government permitting the employee to return to work.

G. Only the Union (i.e., no individual grievant) may move a grievance to arbitration.

ARTICLE 13

DRUG & ALCOHOL POLICY

SECTION 13.1

The Company is committed to maintaining a safe, healthy and productive work environment.

Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the individual and to all those who interact with him/her. The use, sale, purchase, transfer or possession of an illegal drug under federal or State law in the workplace, and the use, possession, or being under the influence of alcohol pose unacceptable risks for safe and efficient operations.

Any employee found to be under the influence of alcohol or illegal drugs, or participating in the sale, purchase, transfer or possession of alcohol or illegal drugs during work hours or on Company’s property will be subject to corrective action, up to and including termination.

Employees will be required as a condition of employment to participate in pre-employment, periodic, random, post-accident, reasonable suspicion and return to work drug and alcohol testing.

SECTION 13.2 ALCOHOL

The possession, use, or sale of alcohol on Company/Client premises or while on Company business is prohibited. Company/Client property includes all facilities, offices, buildings, equipment, automobiles, trucks, vehicles, and parking areas, whether owned, leased, used, or under the control of the Company. No employee shall be under the influence of alcohol which impairs judgment, performance, or behavior while on Company/Client premises or while on Company/Client

15 / 37 business. “Under the influence” means being unable to perform work in a safe and productive manner, or being in a physical or mental condition that creates a risk to the safety and well-being of the individual, other employees, the public, or Company property. For purposes of this policy, an employee who produces a confirmed positive alcohol test result will be deemed to be under the influence of alcohol.

The Company reserves the right to require any employee suspected of being under the influence of alcohol to undergo testing. Any employee who tests positive for alcohol shall be immediately terminated and will not be rehired by the Company. The consumption of alcohol on Company/Client time or on Company/Client property is also prohibited.

SECTION 13.3 DRUG AND ALCOHOL TESTING

The Company reserves the right to conduct a post offer pre-employment drug test as part of the employee candidate procedures. The Company reserves the right to conduct periodic drug and alcohol tests in order to achieve a safe and productive work environment. The Company reserves the right to conduct drug and alcohol testing as a result of an on-the-job accident or injury and to comply with the parameters of any applicable state and federal laws. The Company will use scientifically valid methods and procedures, and may test urine, blood, saliva, hair, and/or breath.

To ensure the accuracy and fairness of our testing program, all testing will be conducted according to DHHS/SAMHSA guidelines where applicable. Opportunity will be provided for those employees who test positive to provide a legitimate explanation, such as a U.S. licensed medical provider’s prescription, for the positive result, and a documented chain of custody.

The Company will use scientifically valid methods and procedures, including the services of a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), certified collection facilities, and a licensed Medical Review Officer (MRO).

Split-Specimens All urine collections will be split into two separate samples. If and when a second test of a sample must be conducted, it will be from the second half of the split sample.

Laboratory Analysis for Confirmation Tests If an initial screen is positive, the specimen will be sent to the laboratory for further analysis. The analysis begins with EMIT (enzyme multiplying immunoassay testing), and then gas chromatography/mass spectrometry for a confirmation, if necessary. If the confirmation test is positive, the MRO will attempt to verify the result by speaking with the donor.

SECTION 13.4 TYPES OF TESTING

A. Pre-Employment/Post Offer Drug Testing Any candidate going through the application procedure will be required, once offered a position, to successfully pass a drug test as a condition of being hired. Candidates will be required to sign a consent form. A positive drug test, failure or refusal to participate in a drug test, failure to sign the consent form, or any effort to tamper with a sample or to alter a test result will disqualify a candidate from employment, and will not be eligible for employment with the Company or its subsidiaries for one year.

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This provision will apply to all former employees who are eligible to reapply for employment with the Company.

B. Reasonable Suspicion Drug and Alcohol Testing Employees will be required to submit to a drug and alcohol test when a supervisor has reasonable suspicion that an employee is using or has used drugs or alcohol in violation of the Company’s drug-free workplace program. Reasonable suspicion will be documented and will not be based on rumor, speculation or unsubstantiated information. Such suspicion will be based upon specific facts and inferences either observed by or made known to Company supervisory personnel. Referrals for reasonable suspicion shall be based on firsthand observation.

Behavior that could prompt reasonable suspicion of drug or alcohol use in violation of the Company’s program includes, but is not limited to, the following: observation of the use, possession or distribution of drugs; physical symptoms of drug or alcohol use; patterns of abnormal and erratic conduct; evidence of an effort to alter a drug or alcohol test; involvement in a work-related accident.

C. Post-Accident Drug and Alcohol Testing All employees who have been involved in an accident/incident while on Company business or on Company property may be subject to drug and alcohol testing. A post-accident/incident drug and alcohol test must take place immediately or as soon as reasonably possible following the time of the accident/incident if required. Any employee who fails to report a work-related accident/incident is in violation of this policy and is subject to disciplinary action, up to and including employment separation. Under certain state laws, employees testing positive may be ineligible for workers’ compensation benefits.

A covered accident/incident is one that takes place during work time or while on Company business or on Company property and involves any one of the following:

1. A fatality

2. An injury that requires medical attention.

3. Damage to Company/Government property

4. Damage to Company/Government vehicles owned or leased by the

Company/Government or being used for Company purposes

5. Any use of force incident

D. Random Drug Testing All employees will be subject to random, unannounced drug and alcohol testing. All employees subject to random testing will have an equal probability of being neutrally selected for such testing. The Company does not have the right to waive the selection of any employee who has been randomly chosen.

E. Mandatory Drug and Alcohol Testing

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The Company will conduct drug and alcohol testing when required to do so by state or federal regulations, such as the U.S. Department of Transportation’s (DOT) drug and alcohol testing requirements.

SECTION 13.5 PRESCRIBED MEDICATION

Medication prescribed by a U.S. licensed medical provider that may cause impairment may be allowed but must be reported to Human Resources and documentation must be provided. However, it may be determined that the use of said medication may result in a safety hazard for the employee or others. In this case, the employee may be temporarily reassigned to other duties and/or it may be determined that the employee is temporarily unable to return to his or her normally assigned duties. The Company may require the employee to submit a medical providers release in order to perform the employee’s regularly assigned duties when there is question as to the effects of the prescribed medication.

SECTION 13.6 GOVERNMENT REQUESTED SCREENING

The Government may, from time to time and at any time, request random urine drug screenings, and these requests will be granted. In addition, the Government may request alcohol or drug screenings whenever the Government has a reasonable cause to believe that an employee or employees may be using or under the influence of alcohol or illegal substances. In the event that the Government has requested that an employee be tested, the Company will not provide any notice to the employee. In the event that the result of any Government-requested screening is positive, the Company will immediately remove the employee with the positive reading from the facility and terminate the employee’s employment.

SECTION 13.7 CONFIDENTIALITY

All information, interviews, reports, statements, memoranda, documentation, and drug and alcohol test results, written or otherwise, are confidential. The Company and any of its agents associated with drug and alcohol testing (laboratory, collection site, Medical Review Officer, rehabilitation/treatment/counseling service providers) who receive or have access to information concerning test results shall keep all information confidential. No such information shall be released without the written consent of the employee unless the release is on a need-to-know basis, is required by law, and is relevant to a legal claim asserted by the employee, or as otherwise provided by law.

The Company’s workers’ compensation carrier may be notified of results of post-accident tests that may affect the Company’s insurance program as provided for by state laws.

ARTICLE 14

GOVERNMENT REQUIREMENTS / LICENSING / TRAINING

SECTION 14.1

The parties recognize that they are providing a service to the United States Government (“the Client”). Therefore, the administration of the terms of this Agreement is subject to the wishes of the Client and the Client’s contract with the Company. The Client may supersede any

18 / 37 understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other Government directive not mentioned herein.

SECTION 14.2

Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures, (e.g., security clearances, medical, examinations, weapon proficiency testing, uniforms/appearance standards, staffing determinations, assignments, work rules, and drug testing), or with the requirements of the Service Contract Act, the Company will be permitted to adhere to those requirements without recourse from the Union or any employee against the Company.

SECTION 14.3

The Company agrees to provide the Union with a copy of any Client directive or request affecting an employee’s employment provided a Client request or directive is issued in writing by the Client to the Company.

SECTION 14.4

The Union and the Company understand and agree that the employees of the Bargaining Unit shall and will be available to attend training programs, certifications and seminars that the Company from time-to-time, may offer in order to improve the services offered, as well as the skills of the employees or as required by the Company. These programs shall be paid for by the Company if it is requested or mandated by the Company and the employee will be on official time during the training program. Employees who are not available for scheduled training due to emergency will make-up said training at the time and place identified by the Company. Employees who are absent from training for non-emergency reasons (as determined by the company) will be required to make up the training, and, if such absence from training will place them in a “not qualified” status, shall be subject to suspension on the first offense and termination on the second offense.

SECTION 14.5 TRAINING PAY

The Company agrees to pay employees, at their current base rate for training required by their position, for actual time spent on training. The Company shall reimburse for renewal fees for New Jersey/all applicable licenses.

ARTICLE 15

EXAMINATIONS

SECTION 15.1

Applicants, trainees and candidates for employment may be required to successfully pass a medical/psychological examination and drug screen, physical test, TB test, CPR testing and weapons qualification (if required by classification) specified by the Client, referenced herein prior to entry on duty. Thereafter, employees may be required to pass weapons qualifications, annual physicals, TB tests, and random drug and alcohol tests. At other times, employees may be required to take “fitness for duty” physical examinations on a case-by-case basis when either ordered by the Government or in accordance with Company policies (such as, but not limited to, return from

19 / 37 medical leave, Worker’s Compensation injury, or other leave of absence).

SECTION 15.2

Any Company-directed examination or testing will be conducted at the company’s expense.

Employees will be paid at straight time for actual time spent at the medical facility. The Company will not compensate for travel time or time outside of the appointment. Additionally, the Company will not pay for examinations required for return to work due to non-work-related injuries or illnesses.

SECTION 15.3

It is agreed that all Employees must maintain the ability to perform all required physical tasks, including wearing of all duty gear including body armor, and the ability to meet all on-going qualification and training requirements, such as periodic firearms qualifications (if required).

Employees who are temporarily unable to maintain the physical requirements due to medical conditions may be placed on medical leave if applicable, for a period of up to twelve (12) weeks.

In the event an employee chooses medical leave, the absence shall be for no more than twelve (12) weeks. During the employee’s absence under this Article, their schedule slot may be filled either by adding hours to part time workers schedules first by seniority and then by seniority to full-time employees on their work week. If an employee fails to be fully qualified after twelve (12) weeks of absence, the employee will be terminated unless a qualifying medical condition constitutes review under the provisions of the Americans with Disabilities Act.

ARTICLE 16

PROFESSIONAL APPEARANCE, UNIFORM ALLOWANCE & EQUIPMENT

SECTION 16.1 GROOMING

Employees are required to comply with grooming standards as noted in the solicitation and the Company grooming standards stated in the company handbook with respect to facial hair. If an employee is unable to shave daily due to some medical condition, the employee must provide a U.S. licensed medical provider’s note providing an excuse but will otherwise maintain their appearance as close to standards as possible.

SECTION 16.2

A neat professional appearance is a requirement of the Company. It is expected that all employees will exercise good judgment and dress appropriately for their jobs. No non-issued items of clothing or equipment shall be worn by an employee unless approved by the Client. Employees wearing the Company’s uniform represent the Company at all times while in uniform and must conform to the following.

SECTION 16.3

The Company shall provide 3 shirts and 2 pants of washable and serviceable uniforms to employees and will provide replacements for normal wear and tear. Officers who separate from the Company must return their uniforms within 10 calendar days. Failure to return company issued uniforms will result in an itemized deduction from the employee’s final pay check at a pro-rated rate of the unreturned items at a depreciation value deemed by the employer.

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SECTION 16.4

The Company will provide each employee with the items needed to perform their job duties. The Company will replace the items in the event of normal wear or accidental destruction of the item if destruction occurs in the line of duty.

SECTION 16.5

It is the employee’s responsibility to protect Company issued equipment. Equipment or uniforms, lost or stolen or destroyed (not in the line of duty) will be replaced at the employee’s expense.

Employees are required to sign an acknowledgment that they received each item of clothing/equipment issued to the employee. The acknowledgement will specifically state the conditions under which the items are issued including, but not limited to, care of the article, replacement procedures, cost of replacement by the employee if lost or destroyed, and whether the article must be turned in upon termination or resignation. Signatures on these forms are not “optional,” nor is refusal of equipment or clothing items. Loss of these articles, other than to normal “wear and tear” shall be chargeable to the employee via payroll deduction in increments if necessary. Employees will be required to wear all equipment in the proper manner for which it was intended. All uniform equipment will be worn according to Government and/or Company policies. All uniforms and equipment shall be returned to the Employer upon release from employment for any reason including resignation, termination, or end of contract term. Any unreturned items may be deducted from the Employee’s final paycheck, as permitted by law. The company reserves the right to take other actions to recover equipment, i.e. use collection agencies or other method to recover the costs; and/or file a police report for the non-return of items.

ARTICLE 17

DISCIPLINE

SECTION 17.1 JUST CAUSE

The Company shall have the right to discharge, discipline, or suspend employees for just cause.

No employee who has completed the…