Attachment 4 - Wage Determination CBA-2025-254.pdf

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

UNITED GUARDS OF AMERICA, LOCAL 100

(“UNION”)

AND

BOUTCHANTHARAJ CORPORATION D/B/A DFW

SECURITY PROTECTIVE FORCE

(“COMPANY”)

May 12, 2023 – March 31, 2026

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CONTENTS

Article 1 – Preamble……………………………………………………………………………………………………………………………….. 4

Article 2 – Authority and Term……………………………………………………………………………………………………………….. 5

Article 3 – Intent …………………………………………………………………………………………………………………………………

Article 4 – Recognition ………………………………………………………………………………………………………………………..…. 6

Article 5 – Notices …………………………………………………………………………………………………………………………….…… 7

Article 6 – Union Rights and Responsibilities …………………………………………………………………………………….…… 8

Article 7 – Management Rights …………………………………………………………………………………………………………… 10

Article 8 – Grievance/Arbitration ……………………………………………………………………………………………………….… 13

Article 9 – Prohibition of Strikes and/or lockouts …………………………………………………………………………………. 16

Article 10 – Safety and Health ……………………………………………………………………………………………………………… 17

Article 11 – Hours of Work, Rest and Meal Breaks ………………………………………………………………………………. 19

Article 12 – Seniority …………………………………………………………………………………………………………………………… 20

Article 13 – Filling of Vacancies …………………………………………………………………………………………………………… 22

Article 14 – Compensation for Overtime ……………………………………………………………………………………………… 23

Article 15 – Vacation Leave …………………………………………………………………………………………………………………. 24

Article 16 – Bereavement/Funeral leave ……………………………………………………………………………………………… 25

Article 17 – Disciplinary Action ……………………………………………………………………………………………………………. 26

Article 18 – Holidays ………………………………………………………………………………………………………………………..…. 27

Article 19 – Court Time Compensation …………………………………………………………………………………………..…… 28

Article 20 – Uniforms ………………………………………………………………………………………………………………..……….. 29

Article 21 – Leave of Absences ……………………………………………………………………………………………………..……. 30

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CONTENTS

Article 22 – Compensation ………………………………………………………………………………………………………………. 32

Article 23 – 401(k) plan …………………………………………………………………………………………………………………… 33

Article 24 – Outside Employment ……………………………………………………………………………………………………. 34

Article 25 – General ………………………………………………………………………………………………………………………… 34

Article 26 – Work of Employee(s) ……………………………………………………………………………………………………. 36

Article 27 – Reduction in Force ……………………………………………………………………………………………………….. 37

Article 28 – miscellaneous Provisions ……………………………………………………………………………………………… 37

Article 29 – Duration ………………………………………………………………………………………………………………………. 38

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ARTICLE 1 – PREAMBLE

1.1 This agreement is made and entered into between Boutchantharaj Corporation d/b/a DFW

Security Protective Force (hereinafter “Company”), or a successor thereto, and United Guards of

America, Local 100 (hereinafter “Union”) in connection with work performed for the Federal

Aviation Administration (hereinafter “Client”) at the Mike Monroney Aeronautical Center

(MMAC) in Oklahoma City, Oklahoma, pursuant to contract number 6973GH-21-D-00021 or a successor contract.

1.2 The Company and the Union agree to comply with all applicable federal, state, and local laws, rules and regulations that govern this Agreement and the relationship between the Company and their Employees. If any part of the Agreement is found to be in conflict with any federal, state, or local laws, rules or regulations then said laws, rules and regulations will prevail.

1.3 This instrument shall constitute the complete and entire agreement between the parties, canceling any prior written agreements or oral understanding, and concludes bargaining for its term. This Agreement is subject to amendment, alteration, or addition only by the mutual agreement of both parties reduced to writing and executed by both parties.

1.4 The parties hereto express their intent and purpose to set forth herein the basic agreements covering wages, hours, and conditions of employment to be observed between parties and to provide a procedure for the prompt and equitable adjustment of grievances which may arise concerning the interpretation and application of any provision in the Agreement. To this end, there shall be no work stoppages or other activities prohibited in Article 9 at the MMAC during the life of the Agreement. The Company and the Union agree to the principle of a fair payment for all hours of work performed under the auspices of this Agreement.

1.5 All agreements reached during negotiations, once approved by the Company and by majority vote of the Union members of UGA employed at the MMAC, will be binding on both parties.

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ARTICLE 2 – AUTHORITY AND TERM

2.1 Except as otherwise provided herein, this Agreement shall become effective upon execution by both parties and will remain in effect until March 31, 2026. Unless otherwise provided herein, all non-economic provisions in this Agreement will be effective on date of ratification.

2.2 It shall be the obligation of the Company and the Union to meet at reasonable times and confer in good faith within ten (10) working days, or at some other mutually agreed upon date, after receipt by the Company of written notice from the Union requesting a meeting for collective bargaining purposes.

2.3 The parties shall commence contract negotiations within ten (10) days after the request to open the contract is made.

ARTICLE 3 – INTENT

3.1 The general intent of this Agreement is to promote the mutual interest of the Company and their employees, and to provide for the operation of the Company’s business under methods which will further, to the fullest extent possible, the safety of the employees, and the protection of property.

3.2 Subject to the Service Contract Act, this Agreement covers only those matters specifically contained herein and supersedes all prior agreements between Company (to include any predecessors of the Company) and the Union.

3.3 The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of the Agreement will be applied and interpreted fairly, conscientiously and in the best interest of all concerned.

3.4 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 service on behalf of the Company and that neither the Company nor the Union’s representatives nor their members will intimidate, coerce or discriminate in any manner against any employee of the Company by reason of his/her membership and activity or non-membership or non-activity in the Union.

3.5 The Company and the Union agree that they shall each comply with all federal, state, and local

(where applicable) laws and neither the Company nor the Union shall discriminate against, or in favor of, any employee based on race, color, national origin, religion, sex, age, disability, or veteran’s status, as required by law. The Company and the Union recognize that the object of providing equal employment opportunities for all people is consistent with the Company’s and

Union’s philosophy and the parties agree to work sincerely and wholeheartedly towards the accomplishment of this objective.

3.6 In the event that any portion of this Agreement unintentionally conflicts with the Company’s ability to fully comply with applicable state and federal laws and rules, regulations and guidelines adopted by the state or federal agency charged with enforcement of the same, said law, rule, regulation, or guideline will supersede that portion of this Agreement.

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ARTICLE 4 – RECOGNITION

4.1 The Company recognizes the Union as the sole and exclusive bargaining representative for all full-time and regular part-time Employees in the classifications of Armed Security, Unarmed

Security, Locksmith, Monitor, and Dispatcher, at the MMAC, excluding Office clerical, Sergeants, Lieutenants, Captains, Managers, Supervisors as defined by the National Labor Relations Act.

4.2 Orientation period (New Hire) employees will be considered for a ninety (90) day period after their initial hire date. The Union may represent the new hire employees for issues concerning wages, hours and working conditions. However, the Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of the new hire employees, which decisions are not subject to the grievance procedures set forth herein. The new hire employees do not have seniority until the completion of their 90-day orientation period, at which time seniority dates to the date of hire. Further, the new hire may be extended for up to an additional ninety (90) day period if an employee does not meet all the requirements of the Company for full time status within the initial ninety-day period. The question of whether the employee does or does not meet all the Company requirements for full-time status shall be subject to the grievance and arbitration provisions of this Agreement. The Company may discharge employees for any reason, no reason, even a mistaken reason at its sole discretion without resort to the grievance and arbitration procedures. At any time during the orientation period, the Company shall retain the sole right to suspend, discipline and discharge employees for any reason, no reason, even a mistaken reason. All other provisions of this Agreement are applicable to the new hire employees. However, no employee shall be discharged in violation of any Federal or State statute. Company agrees it will not use the ninety-day orientation period as a device to avoid hiring permanent employees.

4.3 Unless otherwise agreed to between the parties, any bargaining unit employee who accepts a non-bargaining unit position can return to a bargaining unit position at any time without loss of

Seniority. This can only occur one (1) time without loss of seniority. If a bargaining unit employee accepts another supervisory position and then returns to the bargaining unit, said employee will not accrue seniority during the time he/she was working as a Supervisor and his/her seniority will commence upon return to the bargaining unit

4.4 Full time employees are defined as employees who have completed their original orientation period and who are regularly scheduled to work at least 30 hours per work week. Part-time employees are defined as employees who have completed their original orientation period and who are regularly scheduled to work fewer than 30 hours per work week. If a part time employee is required to work for more than 30 hours per week for a period of two (2) months, said employee will then be classified as a full-time employee and entitled to the same benefits under this Agreement as other full-time employees.

4.5 It is agreed, the Company can use bargaining unit employee(s) as an acting Supervisor on a limited per assignment basis, not to exceed thirty (30) days. The acting Employee will be paid at the Supervisor pay rate, with no loss of base pay and be entitled to all other economic benefits provided for in this Agreement and shall lose no seniority during the temporary assignment.

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ARTICLE 5 – NOTICES

5.1 Notices provided herein shall be in writing and (a) hand delivered by one party to the other (b) deposited in the United States mail in a sealed envelope, with proof of delivery, postage paid (c) sent by electronic means which provides proof of receipt and addressed by one party to the other as follows:

Company Michael Morris – Project Manager

Email – m.morris@dfwsecurityprotectiveforce.com

Email CC – grievance@dfwsecurityprotectiveforce.com

Union Diana Rattler-Bryceland – President, UGA Local 100

Email – ugalocal100@gmail.com

Either party may change contact person by giving a fourteen (14) day written notice to other party.

mailto:m.morris@dfwsecurityprotectiveforce.com

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ARTICLE 6 – UNION RIGHTS AND RESPONSIBILITIES

6.1 This Agreement shall be binding upon the parties, and their successors and assignees to the extent required by law.

6.2 The existing Company’s policy and procedures, Safety and Post Manual, which contains certain terms and conditions of employment, in effect on the date of this Agreement, will remain in effect, but can be negotiated at any time if in violation of the Contract or federal, state, or local law. If, during the term of this Agreement, the Company desires to make changes in the Company Policy and Procedures, Safety and Post Manual, it will advise the Union of the proposed changes thirty (30) days prior, and the Union shall have the right to enter into negotiations concerning any proposed changes.

The Company agrees to provide copies of all proposed changes in the Company Policy and

Procedures, Safety and Post Manual to all bargaining unit members employed at the time. In the event of a conflict between the Government Post Order and the Company Policy and

Procedures, Safety and Post Manual, the Post Order will supersede. If a Supervisor issues an order which an employee believes conflicts with the Post orders or the Company Policy and

Procedures, Safety and Post Manual, the employee reserves the right to request that the

Supervisor produce the order in writing and shall have the right to resort to the grievance and arbitration provisions contained in this Agreement.

6.3 An individual employee, upon request to the Program Manager, may review his/her personnel file in its entirety, during the hours of 9:00 am to 3:00 pm Monday through Friday, excluding holidays, and may dispute the validity of its contents. An employee may request, at employee’s expense, copies of any portion of his/her file. The cost of copies will be charged at the rate of ten (10) cents per page.

6.4 If an employee wishes to dispute an item(s) in his/her personal file, the employee will advise the

Program Manager in writing. The Program Manager will then meet with the employee, and if requested a representative of the Union, to review the item(s) in question. The employee reserves the right to submit a written response to any item in dispute in his/her personal file if the dispute is not resolved in the meeting with the Program Manager. If the dispute is unresolved, the employee may pursue the matter through the grievance and arbitration process.

6.5 The Union President and one (1) appointed designee shall be allowed up to ten (10) working days per calendar year, without pay, for the purpose of conducting official Union business.

Union business shall include attendance to seminars at State and National Union functions. The

Program Manager must approve time off for Union business within three (3) business days of the date notification was made. Proper staffing must be maintained. It is not the intent of the

Company to deny, avoid, or disapprove the leave request. No more than two (2) members may be off on Union business at any time.

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6.6 To the extent allowed by MMAC, the Company will provide a bulletin board for use by the Union as authorized by the Client. Only the Union President, Vice President, Secretary and Steward shall have the authority to post any materials to the Union Board. Materials posted must have the initials of posting officer, and may not violate Federal, State, or local laws, or violate an individual’s personal rights. If the Company desires to remove any material from the Union

Board, the Project Manager shall notify the Union in writing of the posting of non-conforming material and the request by the company that the material be removed. The Union may pursue a grievance and arbitration over the removal of any material by the Company.

6.7 The Union acknowledges that, pursuant to the requirements between the Company and the

Client, any employee covered by this Agreement who is charged with a crime, other than a minor traffic offense, must report said crime to the Program Manager within 24hours of the filing of charges.

6.8 With advanced notice, the Union President and Vice President will be allowed reasonable time off to conduct Union business.

6.9 Any employee covered by this Agreement, whose job duties require the use of a motor vehicle, is required to inform the Program Manager immediately if the employee is cited for a motor vehicle infraction and/or involved in a vehicle accident. The Program Manager shall have the option of reassigning the employee to a non-driving position based on his assessment of the nature of the infraction and/or accident. This matter is subject to the grievance and arbitration procedure.

6.10 The Company agrees to deduct regular bi-weekly, Union membership dues, as designated by the

Union. These deductions will be made only upon written authorization from the employee on the Union provided Authorization Form. The Union will send a physical copy of Dues

Authorization forms to the Company by mail at 5705 Airport Fwy, Fort Worth, TX 76117, and by email at HR@dfwsecurityprotectiveforce.com. The employee may revoke such authorization if said revocation is done in accordance with the provisions of the Union’s Written Authorization

Form upon (30) thirty days written notice served upon the Company. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing by the Union as to what the correct deduction amount for Union membership dues shall be, the authorized person to receive transmittal of said dues along with the correct address and routing information. The Union will provide a letter to the Company to stop dues-deduction at the request or termination of an employee.

mailto:HR@dfwsecurityprotectiveforce.com

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6.11 The Company will remit all such deductions to the authorized Union representative within fifteen (15) days of start of the following month. The Company will furnish the authorized Union representative with a deduction list, setting forth the name and account of dues collected. The

Union agrees to indemnify, defend, and hold the Company harmless from any actions or claims made; suits brought against the Company, and assumes all responsibility for the disposition of the funds so deducted once they are paid over to the Union. Errors made by the Company in the deduction or remittance of dues shall not be considered by the Union as a violation of this provision, provided such errors are unintentional and corrected when brought to the Company’s attention. If back dues occur, as result of Company error, the Company will collect the back-dues from applicable employees and remit them to the Union on the next scheduled remittance date.

a) If Company fails to postmark Union dues by the fifteenth (15th) of the month there will be an additional one hundred fifty dollar ($150) late fee. Said “late fee” shall be payable to the

Union by the Company.

6.12 Company and Union agree to follow the National Labor Relations Act.

6.13 Meetings scheduled by the Company with the Union President shall be on Company time.

ARTICLE 7 – MANAGEMENT RIGHTS

7.1 Except as otherwise specifically provided in this Agreement, the Union recognizes the right of the Company to operate and manage its affairs in all respects and the powers and authority which the Company have not officially abridged, delegated, granted, or modified by this

Agreement are retained by the Company, none of which rights shall be exercised in an arbitrary or capricious manner. Management rights include, except whereas specifically modified by this

Agreement or Performance of Work Statement (PWS), but are not limited to the following:

1. The Company has the sole and exclusive right to manage its operations and to direct and assign the work force.

2. To determine and change the methods and manner services are provided.

3. To introduce new methods or improved methods of operations or equipment.

4. To determine and change the size, composition, and qualifications of the work force.

5. To determine the extent, manner and means its business will be operated or shut down in whole or in part.

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6. To determine whether and to what extent any work shall be performed by employees and how it shall be performed.

7. To maintain order and efficiency in its clients’ facilities and operations including the right to select.

8. To reprimand, suspend, discharge, or otherwise discipline employees for just cause.

9. To determine the number of employees to be employed.

10. To hire employees, determine their qualifications and assign and direct their work.

11. To promote, demote, transfer, layoff, recall to work (both according to the terms of the CBA) and rehire employees, the right to schedule work.

12. To determine shifts, to establish and change schedules.

13. To set and establish standards of performance.

14. To assign work and working hours to employees

15. To determine the amount and location of work.

16. To determine the type of services performed

17. To establish reasonable quality and performance standards.

18. To determine the most efficient means of providing service.

19. To require every employee to comply with normal, reasonable operating procedures.

20. To formulate and enforce reasonable Company rules and regulations that is equitably applied.

21. To set the standards of productivity and/or the services to be rendered.

22. To maintain the efficiency of operations.

23. To judge skill, ability, and physical fitness in a reasonable, nondiscriminatory manner.

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24. To control and regulate the use of all equipment and other property of the

Company and/or the Government; close down or relocate the Company’s operations or any part thereof in order to provide full staffing level coverage, increase security levels as needed and avoid overtime.

25. To determine the number, location and operation of departments, divisions, and all other units of the Company, and to take whatever action is necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the

Company’s employees.

26. Further, the Company may select and determine supervisory employees; to bid or not bid, or to rebid or not rebid contracts with its clients.

27. To determine and change scheduled shifts and post assignments of employees as long as it is not arbitrary or capricious.

28. To determine and change methods and means by which operations are to be carried on.

29. To establish and /or abolish duties, standards of performance for employees, job classifications, operating units, or departments.

30. To establish, change and abolish its policies, work rules, regulations, practices, and standards/codes of conduct and to adopt new policies, work rules, regulations, practices, and standards/codes of conduct; and to assign duties to employees in accordance with the needs and requirements of the Client and the Company, as determined by the Company.

The Exercise of the foregoing powers and rights, together with the adoption of policies, rules, and regulations in furtherance thereof, and the use of judgement and discretion in connection therewith, shall be limited only by the express and specific terms and conditions of this

Agreement, Performance of Work Statement (PWS), or other Company/Client Agreement. The

Company explicitly retains all rights that are not covered by this Agreement.

7.2 Management shall retain the exclusive right to discharge any employee who has been denied access to the premises by any Government agency or who has not maintained the necessary security clearance, certificate, or license required by the State department. Said discharge shall be subject to the grievance and arbitration provisions of this Agreement.

7.3 Any rights, power, or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements, that may hereafter be made. The Company’s failure to exercise

13 | P a g e any function reserved to it shall not be deemed a waiver of any such rights. This statement of management rights, which remains unimpaired by the Agreement, is not intended to exclude others, which are not mentioned herein.

7.4 It is recognized and acknowledged that the Company is in the business of providing a service to the Government, its customers, and the public. It is therefore essential and expected that the Company will follow the Performance of Work Statement (PWS) and all Employees will act in a professional, courteous manner and will be held accountable for their duties, functions, and job requirements. Except where addressed within the provisions of this Agreement, the Company reserves the sole and exclusive authority to draft, issue, implement, revise, enforce and withdraw reasonable rules of conduct and reasonable regulations as the Company deems necessary, in accordance with the provisions of Article 6.2 of this Agreement. In the event the Company and Union cannot come to an agreement on a proposed rule or regulation, the Company may implement the proposed rule. However, the Company and Union will continue to negotiate to come to an agreement, and the implementation of said rule or regulation will be subject to the Grievance and Arbitration provisions of this Agreement.

ARTICLE 8 - GRIEVANCE/ ARBITRATION

8.1 For the purpose of this Agreement, the word "grievance" means any dispute between the

Company and the Union, or between the Company and any employee as to the meaning, application, enforcement, or interpretation of the terms of this Agreement or the challenge of any disciplinary action taken against a non-probationary employee. Probationary employees shall not have any rights under the grievance procedure. This grievance process may be utilized for the immediate and speedy resolution and determination of any dispute that may arise involving the interpretation or application or enforcement of a specific provision or provisions of this Agreement.

8.2 Grievances presented in person will be signed for/or initialed, as received and will be processed utilizing the following procedures:

Step One. The Union or an individual employee may submit a written grievance within ten (10) working days after the occurrence. Working days are considered to be Monday through Friday excluding holidays. The grievance must identify with specificity, what action or inaction caused the violation, and the remedy requested. The written grievance shall be acknowledged by the employee’s Assistant Program Manager. Additionally, a copy of the grievance must be sent by email to grievance@dfwsecurityprotectiveforce.com.

The Assistant Program Manager shall respond, in writing, to the grievance within ten (10) working days after the receipt of the grievance. The response will be acknowledged on the approved form.

If the grievance is not settled, the Union or an individual employee may continue to Step Two of the grievance procedure.

Step Two. If the grievance is not resolved to the mutual satisfaction of the parties involved in step one, the Union, or an individual employee, may forward the grievance, in writing, to the Program Manager within ten (10) working days following the receipt of the written response

14 | P a g e required by step one. The Program Manager will reply, in writing, to the Union, and the individual employee, within ten (10) working days following the receipt of the step two grievance. In the case of a grievance submitted by an employee, a copy of the response will be submitted to the Union. Both the receipt of the grievance and the response will be acknowledged on the approved form. Additionally, a copy of the grievance must be sent by email to grievance@dfwsecurityprotectiveforce.com.

Step Three. Failing a resolution to the mutual satisfaction of the parties involved, the Union or the employee may forward the grievance to the Company President, or his designee, within ten

(10) working days from the receipt of the Program Manager’s response described in Step Two. The Company President, or designee, will reply in writing to the Union and the employee within ten

(10) working days following the receipt of the step three grievances. Both the receipt of the grievance and the response will be acknowledged on the approved form. Additionally, a copy of the grievance must be sent by email to grievance@dfwsecurityprotectiveforce.com.

8.3 In the event that a grievance has been processed through Step Three without satisfactory settlement, the Union or the Company may, by written notice served on the other party within ten

(10) days from the date of the Step Three written response, appeal the grievance to arbitration.

No individual employee may demand arbitration under the provisions of this Article, except as modified by Section 8. 5 below.

8.4 The times indicated by this Article may be extended only by written mutual agreement of the parties. If any time limit is not observed by the aggrieved employee the Union, the grievance shall be considered settled in favor of the Company. If a time limit is not observed by the Company, the grievance shall be deemed settled in favor of the Union. If any resolution mutually agreed to at any step of the process is not timely implemented, either party may resume the grievance at the next step from the step at which the initial resolution was reached.

8.5 With respect to grievances involving any form of disciplinary action, the Union has the right to elect whether to participate in the arbitration process. If the Union elects not to participate in the arbitration process of said grievance, the grieving employee may elect to proceed to arbitration under the terms and conditions of this agreement. The grieving employee shall be responsible for his/her share of the costs of the arbitration process, including the costs and fees of the arbitrator.

If the Company and employee settle the grievance, and the Union is not a party, the settlement shall not be precedent in other grievances.

8.6 With respect to all grievances, including grievances involving non-disciplinary issues, the following procedure shall apply with respect to the selection of an arbitrator: The party seeking arbitration may request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) arbitrators who are members of the National Academy of Arbitrators from the following states:

Oklahoma, Kansas; Missouri, Texas, Colorado, Michigan, Ohio. When the list is received, either party may reject the list within ten (10) working days of receipt of the list and request that FMCS supply a second list of new names. The party requesting the new list will be responsible for any administrative cost associated with the request. The order in which the striking of names shall be determined by the flip of a coin. The parties shall alternatively strike one name from the panel until only one name remains who shall be selected as the arbitrator.

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8.7 Once selected, the arbitrator shall to the extent reasonable and possible cause the hearing to be held within thirty (30) calendar days of notification of selection. If the arbitrator is unable to provide dates when a hearing can be held within a ninety (90) day period from the date of notification of selection, either party may request a new list of seven (7) arbitrators from the FMCS. The party making the request shall be responsible for any administrative cost associated with the request. The new list will be struck in the same manner as outlined in Section 8.5. The hearing shall be informal, and the rules of evidence as prescribed in the FMCS rules shall apply.

Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths and require records, and other evidence relative or pertinent to the issues presented to the arbitrator for determination.

8.8 Jurisdiction of the Arbitrator:

A. The Arbitrator may consider issues presented to him/her, and his/her decision must be based solely on the interpretation of the applicable provision or provisions of this Agreement or any amendment thereto. He shall have no authority to decide on an issue not submitted to him by the parties. The party bearing the burden of proof on a particular issue shall meet that burden by a preponderance of the evidence.

B. The Arbitrator shall be prohibited from adding to, modifying, or subtracting from the terms of this Agreement. The Arbitrator shall have no authority to establish provisions of a new agreement, or to arbitrate away, in whole or in part, any provisions or amendments of this Agreement.

C. Practices existing under this Agreement may be considered by the Arbitrator only where the language of this Agreement is so ambiguous that the intentions of the parties as to meaning and application can be ascertained in no other manner.

D. The hearing conducted by the Arbitrator shall conclude within fifteen (15) working days from the time of commencement, unless otherwise mutually agreed by the parties.

Within the thirty (30) days after the conclusion of the hearing, or if written briefs are submitted by the parties, within 30 days of his/her receipt to the written briefs, the Arbitrator shall issue a written opinion with respect to the issues presented. A copy of the opinion shall be mailed or otherwise delivered to the Company and the Union.

8.9 With respect to grievances involving any form of disciplinary action, if the Union elects to participate in the arbitration process, the Company and the Union shall share the fees and expenses, if any, of the impartial arbitrator and administration by FMCS. If a transcript of the hearing is requested, the party requesting the transcript shall bear the full cost of its preparation, unless the other party wishes to participate in receiving a copy, in which case the parties shall share the entire transcript cost equally. With respect to grievances involving any form of disciplinary action, if the Union elects not to participate in the arbitration process, the grieving employee and the Company shall share the fees and expenses of the arbitrator, including costs of the arbitration such as the cost of the hearing facilities and the cost of transcript. Each party shall be responsible for their own legal fees.

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8.10 The Union shall have the right to file a group grievance or grievances involving more than one (1) employee at Step One of the grievance procedures without the signature of the grievant and to process the grievance to arbitration without an employee’s signature.

8.11 Any grievance shall be considered null and void if not filed and processed by the Union, or the employee represented by the Union, in strict accordance with the procedure and time limitations set forth above. If the Company fails to timely respond in the manner prescribed herein at any Step, the grievance shall be considered resolved in favor of the Union. In any case, any time limit specification may be extended by mutual agreement between the Company and the Union, in writing.

8.12 The Executive Board of the Union agree to follow the grievance and arbitration process. If at any point within the grievance and arbitration process the Union feels unheard, the Union shall contact the President of the Company before contacting the Client.

ARTICLE 9 - PROHIBITION OF STRIKES, SYMPATHETIC ACTION AND/OR LOCKOUTS

9.1 Both the Company and the Union agree that continuity of operations is of utmost importance to the Company's operations. It is further understood and acknowledged that it is the intention of the parties that all claims, disputes, or grievances arising under this Agreement be resolved by resort to the grievance and arbitration procedures provided above. The Union agrees that during the term of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sick-out, mass absenteeism, picketing, (exception informational picketing or other Federally protected activities), including sympathy strikes, and that the Union will not cause or permit employees to cause, nor will any member of the Union take part in, any strikes, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the Company's or Government's operations for any reason whatsoever. Nor will the Union authorize or sanction the same.

It shall be a violation of this Agreement, and it shall be cause for immediate discharge, in the event an employee refuses to enter upon any property involved in any 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. For the purpose of this Article, the term “strike” shall include any concerted failure to report to work, willful absence from work, sickness unsubstantiated by a physician’s statement, or the abstinence, in whole or in part, from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges or obligations of employment.

9.2 The Union shall not be in breach of the Agreement where the acts and or actions heretofore enumerated are not authorized by the Union.

9.3 The Company agrees that they shall not lockout any employee because of labor dispute arising during the term of this agreement.

9.4 The Union and the Company agree to take all steps possible to ensure that Government property is

17 | P a g e properly secured and protected in the event of labor disputes involving other employee organizations at the facilities covered by this Agreement.

ARTICLE 10 - SAFETY AND HEALTH

10.1 The Company and the Union will cooperate to reduce hazards to health and to maintain a safe working environment and will comply with all applicable state and federal laws concerning safety, health, and environmental conditions.

10.2 In order to provide safety control for protection to the life and health of employees and prevention of damage to property, supplies and equipment, the Company and the employees shall comply with all applicable safety requirements established by the Company or the Government. The Company employee and the Union will cooperate to reduce hazards to health and to maintain a safe working environment and will comply with all applicable state and federal laws concerning safety, health, and environmental conditions. The Company will adhere to all applicable OSHA guidelines; if not provided by the Client, the Company will provide safety equipment for employees.

10.3 The Company shall comply with any and every applicable statute, federal and state, and with any such rules and regulations as may be promulgated there under, that govern the conditions of health and safety in the place of work of its employees. The Company may promulgate and enforce any such rules and regulations as it may deem appropriate from time to time to provide for the safety of its employees and to ensure compliance with any such statute or with the rules and regulations promulgated there under and agrees to notify the Union a minimum of five (5) days prior to their implementation unless an emergency exists precluding the Company from doing so.

10.4 Each employee is required to comply with all safety, environmental and health rules, practices, instructions, and to properly use the safety devices furnished by the Company. Report all unsafe conditions or practices first to the shift supervisor, and then to the Program Manager or his/her designee. Once the Company is aware of a significant and potentially hazardous or unsafe condition, the Company will take needed precautions, follow OSHA guidelines, contact the Union, and notify the appropriate government official when warranted.

10.5 The Company will notify employee(s) of contact risk of all significant health concerns.

10.6 Small superficial seemingly unimportant injuries could result in serious complications. Every injury must be reported to the shift supervisor, Assistant Program Manager, Program Manager, or if neither is available, to the Company workers’ compensation clerk so the injured employee can receive proper medical attention.

10.7 The Company and the Union mutually recognize that the physical and mental health of employees is important. The Company recognizes the importance of maintaining physical fitness of employees.

A. The Company may, no more than two (2) times per year, order employees to undergo

18 | P a g e fitness for duty medical examinations upon employees’ anniversary date, at the Company expense which examination shall comply with FAA/MMAC/PWS requirements. The examining medical provider will make available the examination results to the employee if it is determined by competent medical evaluation, that the employee in question is not physically fit for duty, the employee shall have additional opportunity to retake the fitness for duty (physical) at the employees expense, the time taken shall be on the employees time, and all Articles are required to be followed in this section, before the employee is removed from duty. Further, every employee must undergo an annual physical, and drug screenings as mandated by the contract between the Company and the Client. All employees shall be subject to the Company drug and alcohol testing policy, and any changes thereto.

B. The employee may employ a medical provider, of his own choosing and at his own expense, for the purpose of conducting a physical examination for the same purpose as the physical examinations made by the medical provider employed by the Company. The second provider’s opinion must be made within the scope of the requirements of the government contract for physical fitness. These requirements must be supplied to the employee requesting the second opinion.

C. A copy of the findings of the medical provider chosen by the employee shall be furnished promptly to the Company. If the findings verify the findings of the medical provider employed by the Company, no further medical review of the case shall be afforded.

D. If the findings of the medical provider employed by the employee do not agree with the finding of the medical provider employed by the Company, the employee may ask that the two medical providers select a qualified, disinterested licensed physician for the purpose of making a further physical examination of the employee in question. The medical provider will be selected from a list of five physicians who are board certified in the area of medicine related to the condition of the employee. If the two original medical providers are unable to agree on a physician from the list, the employee’s physician shall strike one name. The process shall be repeated with the Company and the employee alternating strikes in sequence until only one name remains.

E. The expense of the employment of the third licensed physician shall be borne equally by the employee and the Company. The third physician’s findings will be considered final as to the question of whether the employee is or is not qualified to be fit for duty and is subject to approval of the Contract Office (CO) or Contracting Office Representative

(COR).

10.8 When an employee sustains an injury or suffers a medical impairment which arises, out of and in the course of his employment, and the Company medical provider will not permit him to return to work, the injured employee shall be paid for the remainder of the shift on which the injury occurred and will be allowed to utilize sick or vacation leave for missed shifts until the Oklahoma Worker’s Compensation goes into effect. Thereafter, the Company compensation will be through the Oklahoma Workers’ Compensation Act.

10.9 The Employer shall provide workers’ compensation coverage for all employees that are subject to the workers’ compensation laws.

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10.10 In the event of an Emergency order/Natural disaster being declared by any Federal or State

Agency, the Union and the Company agree to meet to negotiate the resulting changes and working conditions as soon as the situation permits.

ARTICLE 11 - HOURS OF WORK, REST AND MEAL BREAKS

11.1 For the purposes of computing entitlement to overtime compensation, employees who actually work over forty (40) hours in any seven (7) day work cycle shall be entitled to overtime compensation. The work week shall be from 00:01 hours on Monday to 24:00 hours on Sunday.

It is agreed that work will be performed as scheduled and expected to meet the Statement of Work (PWS) for the contract.

11.2 The Company will provide one (1) fifteen-minute paid period of rest for every four (4) hours of continuous work and one thirty (30) paid lunch period, when properly relieved, for each shift of eight (8) hours or more. The Company will attempt to provide the lunch period in the middle of the shift. One rest period shall be in the first half of the shift and the second rest period in the last half of the shift. Shifts of less than eight (8) hours shall have three (3) ten (10) minute rest periods, when properly relieved. The first rest period is after one and half hours (1½) into the shift and the last one being one and one half (1½) hours before the end of the shift. Under normal circumstances and where physically practicable, the employee is to take breaks away from the work assignment. There are designated break/smoking areas provided for the employee(s) to use while on break. At no time the Employee shall leave the FAA Facility, while on break(s). The Employee(s) are required to stay on call and respond to emergencies as they arise.

11.3 The Company will take reasonable steps to ensure that an employee will be able to take their breaks and meals throughout their shifts by securing their post and eating a meal on location and/or by using the break room. However, the Union and the Company acknowledge that, from time to time, a situation might arise where the relief personnel cannot immediately relieve the employee for lunch or break. It is understood that while on breaks or lunch, an employee is required to stay on call and to respond to emergency situations as they arise. Furthermore, it is understood that if an employee is required to respond to an emergency situation, said employee will be allowed to resume break/mealtime once the emergent situation concludes and proper relief is available. It is not the intent of the Company to deny, avoid, or abuse this requirement.

11.4 The Company shall have the right to schedule working hours or working days and to make revisions in such schedule to meet its needs or those of the clients. Shifts will be bid based on seniority, subject to the employee’s skill and ability to perform the work required with the most senior officer bidding first. Questions as to whether the employee’ s skill and ability to perform the work required shall be subject to the grievance and arbitration provisions of this Agreement.

11.5 When a schedule change occurs due to the actions of the Company, and an employee is not notified and, as a result, two (2) employees report to work for the same assignment (post), one employee shall be guaranteed a full shift and the other employee will be guaranteed half shift compensation.

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11.6 The Company will attempt to distribute overtime equally among bargaining Unit personnel provided such personnel have the requisite skill and ability to perform the work needed. In the event all qualified employees reject the request to perform overtime, the overtime shall be performed by the qualified employee with the least seniority. Questions as to whether the employee has the skill and ability to perform the work required shall be subject to the grievance and arbitration provisions of this Agreement.

11.7 Employees may initiate mutual changes to the published schedule by submitting the request to trade shifts in writing, using the Company supplied form. All requests must be pre-approved by the Supervisor and will only affect those named Employees. In providing a response, the Company shall respond to the employee(s) no later than three (3) business days after the submission.

11.8 Unless operational situation(s) require additional hours or an employee agrees to work a schedule greater than five (5) days per week, employees shall be given at least two (2) full days of rest during each seven-day work cycle.

11.9 The Company agrees that employees covered by this Agreement will designate their self on duty and off duty via the radio.

11.10 Employees who are mandated to remain on center for any reason after the termination of his/her regular shift shall be paid their regular hourly rate, including fringe benefits, for all time spent while on center, regardless of whether said employee is engaged in the performance of their duties.

11.11 Employees shall not be required to be on an “on-call” status.

11.12 "Call-Back" pay - an employee will be compensated an additional four (4) hours of straight or overtime time pay, on occasions when, after his/her scheduled hours of work have ended and without prearrangement, he/she responds to a call…