Attachment 5 Security Walls LLC CBA.pdf

Collective Bargaining Agreement

Between

Security Walls, LLC

And

International Guards Union of America

Local #106

White Sands Missile Range (WSMR)

TABLE OF CONTENTS

Page

ARTICLE 1 Recognition

ARTICLE2 Successorship

ARTICLE3 Shop Stewards

ARTTCLE4 Checkoff

ARTICLE 5 Union Security

ARTICLE6 Non-Discrimination - Equal Treatment

ARTICLE 7

ARTICLE8

ARTICLE 9

Seniority...................................................................................................................... IO

Reduction in Work Force and Recall

Health and Safety

ARTICLE 10 Discipline

ARTICLE 11 Grievance Procedure

ARTICLE 12 Arbitration Procedure

ARTICLE 13 Travel

ARTICLE 14 Meetings & Special Assignments

ARTICLE 15 Bargaining Unit Work/ Scheduling

ARTICLE 16 Overtime

ARTICLE 17 Wages

ARTICLE 18 Fringe Benefits

ARTICLE 19 Lock-In Time

ARTICLE 20 Training Time

ARTICLE 21 Leaves

ARTICLE 22 Vacation

ARTICLE 23 Holidays

ARTICLE 24 Uniform & Appearance Policy

ARTICLE 25 Drug Free Workplace

ARTICLE 26 No Strike - No Workplace

ARTICLE 27 Management Retained Rights

ARTICLE 28 General

ARTICLE 29 Duration

PURPOSE OF AGREEMENT

This Agreement is made and entered into by and between Security Walls LLC (hereinafter referred to as the "Company" or "Employer") and the international Guards Union of America, Local 106 (hereinafter Referred to as the "Union"). The purpose of this Agreement is to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, hannony and cooperation among employees and between employees and the Company, and between the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the partiesdesireto enter into Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

In the event the U.S. Government (hereinafter referred to as ''the Client" or "Government") terminates the current or any succeeding Service Contract Act Contract with the Employer for security services at the White Sands Missile Range (WSMR) or any successor contract, this Agreement will become null and void as between the Union and the Employer.

ARTICLE 1- RECOGNITION

Section 1.1 - The Company recognizes the Union as the sole and exclusive collective bargaining agent with respect to rates of pay, wages, hours of employment, or other conditions of employment for all bargaining unit employees supporting the Up-Range Security Services Contract at the White Sands Missile Range, New Mexico (WSMR). The bargaining unit is defined as all part time and full time Contract Security Guards (regardless of future changes to those employees' job titles) employed by the Employer and its successor contracts at WSMR, excluding all office clerical employees, professional employees, managers, and supervisors as defined in the National Labor Relations Act. A manager is an individual having authority in the interest of the Employer to hire, transfer, suspend, layoff, recall,.demote, promote, assign, reward, discipline and/or discharge employees for just cause. A supervisor is an individual who has the authority to direct operational work and recommend discipline. For purposes of this Agreement, managers and supervisors will be collectively referred to as "management". Tliis agreement shall be binding on all parties and their successors and assigns. Employees covered in this Agreement are those in the Collective Bargaining Unit as defined and certified by the National Labor Relations Board, Case No.

28-RC-4144, dated 1 October 1997.

Section 1.2 - The Employer hereby recognizes the Union as the sole bargaining agent for all Contract Security Guard employees who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Employer (regardless of future changes to those employees' job titles); and shall negotiate with the accredited representatives thereof chosen by the Union for the purpose of settling any disputes which may arise concerning wages, rates of pay, working conditions, hours and any other conditions of employment and shall address grievances or complaints on any of these matters in the manner provided for in this Agreement.

Section 1.3 - The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to alI proper subjects of collective bargaining; that the Agreements contained herein were arrived at afterthe fi-ee exercise of such rights and opportunities. All rights, privileges, and authority regarding subjects ofbargaining not expressly addressed in this agreement are reserved to the management of the Employer. The Employer agrees to notify the Union of policy or procedure changes and if requested by the Union, the Employer will bargain with the Union in good faith regarding the change only if the change is unrelated to the Client's request.

If it becomes necessary to review articles contained within this CBA to clarify meaning and/or to agree upon the meaning of Articles within this CBA, the Employer and the Union shall be entitled to request up to two (2) meetings per CBA year. The parties agree to meet within thirty (30) days of notification of such request of either party, and a written agenda shall be submitted citingthe specific Articles for review during the meeting.

ARTICLE 2 - SUCCESSORSHIP

Section 2.1 - The provisions of the Agreement shall be binding upon the Company and its successors, assigns or future purchasers, (defined hereafter as "Successor Company"), and all of the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer or assignment of the Company of any or all of its property, or affected or changed in any respect by any change in the legal status, ownership or management of the Company. In suchan event, all employees at the time shall be rehired in accordance with provisions of the Department of Labor and the Service Contract Act rights and be the priority applicants for positions with any "Successor Company". It is the intent of this Article to promote industrial peace and harmony, to ensure continuity of employment and representation, to maintain the current and prospective level of wages, benefits, and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work of this bargaining unit.

ARTICLE 3- SHOP STEWARDS

Section 3.1 -The Union shall notify the Company in writing of the employees it designates as Stewards.

The Union will assign not more than two Stewards and two alternate Stewards, who shall be bargaining unit employees who have completed their probationary period with the Company. Thereafter, the Union shall promptly advise the Company, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of appointment The alternate Steward will function with all rights and privileges in the absence of the Steward.

Section 3.2-The scope of the Stewards activities on Company time shall be limited to the following:

a. To investigate a grievance or potential grievance before presentation to the appropriate Management member.

b. To meet with an appropriate member of Management or other designated representative of the Company when necessary to address grievances in accordance with the grievance procedure ofthis Agreement.

c. To attend any other meeting when that meeting is requested by Management.

Section 3.3 - A Steward shall secure permission from the Supervisor and be properly relieved before leaving their post and report back to the supervisor upon return to their post. Permission will be granted unless operational activities are affected. The parties acknowledge and agree that Stewards have fulHime job duties to perform as employees. Accordingly, they shall keep to a minimum the time they spend handling grievances during working time and shall handle grievances during employee break times to the extent possible. The Stewards authorized time away from work for such purpose shall be without loss of pay or benefits for the first hour; thereafter, any additional working time spent handling a grievance shall be unpaid unless the Steward is attending meetings with Management.

Section 3.4 - The Parties acknowledge that Shop Stewards have no authority to take strike action or any other action interrupting the Company's business, and that any such action is without the approval or authorization of the Union.

Section 3.5 - The Union will be permitted to have a designated Union bulletin board at all guard mount locations where permitted by the Government or client to post official union business notices, including:

• Notices of Union recreational affairs.

• Notices of Union election and election results.

• Notices of Union appointments.

• Notices of Union meetings.

• Any other notice will be by written consent of the Project Manager or Chief Manager of the

Company.

ARTICLE 4 - CHECKOFF

Section 4.1-Upon receipt of a signed authorization from the employee involved, the Company shall deduct from the employee's pay the initiation and/or reinstatement fees and dues payable by the employee to the

Union during the period provided for in said authorization. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. The amount will be certified by the Union.

Section 4.2 - Deductions shall be made on account of Union dues from each paycheck of the employee.

Such payroll deductions shall be made by the Company beginning with the payroll period commencing after receipt by the Company of the properly executed payroll deduction card or form. No deduction will be taken for those pay periods in which an employee does not receive a check. The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. Union authorization cards or fonns must be submitted prior to the fifteenth (15th) of the month proceeding the datethat deductions are to be made. The Union wiJI be responsible for the submission of these deduction cards or fonns to the Company and the collection of those dues.

Section 4.3 - Deductions provided for in Section 4.02 of this CBA shall be remitted to the Financial Secretary of the Union no later than the 15th day of the month following the month in which the deductions were made and shall include all deductions made in the previous month. The Company shall furnish the Financial Secretary of the Union, monthly, with a record of those from whom deductions have been made and the amounts of the deductions.

Section 4.4 - The Parties agree that check-off authorization shall be in the following format:

Name of Employee Employee No.

Date I hereby authorizeand direct Security Walls LLC to deduct from my pay beginning with the payroll period nextcommencing after receipt by the Company of this fonn, initiation or reinstatement fees and my regular monthly Union dues, as certified to the Company by the Financial Secretary of the Union, on Account of membership dues in the International Guards Union of America.

This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and each subsequent yearly period shall be similarly irrevocable unless revoked by me within five (5) calendar days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice, sent by Registered Mail, Return Receipt Request, to the Employer and the Union within such five (5)day period.

Signature Date _

Section 4.5 - If, due to illness, leave of absence or beingon vacation, an employee's dues are not checked off, such deduction will be made no later than the 15111day of the month following their return to work.

Section 4.6 - The Union shall indemnify and hold the Company harmless against any and all claims, demands, suil:s or other forms of liability that may arise out ofor by reason of any action taken or not taken by the Company or by the Union for the information furnished to the Company by the Union for the purpose of complying with any of the provisions of this Article. (Check Offs only).

ARTICLE 5- UNION SECURITY

Section 5.1 - As a condition of continued employment, all present bargaining unit employees who have completed theirninety (90) day probationary period shall become members of the Union or pay an agency fee to the Union equal to the amount of monthly dues (but not both) within thirty (30) days of execution of this Agreement and all new employees shall become and remain members of the Union or pay an agency fee not later than ninety (90) calendar days from theirdate of hire.

ARTICLE 6 - NON-DISCRIMINATION - EQUAL TREATMENT

Section 6.1 - There shall be no discrimination, interference, restraint or coercion by either Party against any employee because of membership or non-membership in the Union or legitimate Union activity.

Section 6.2 - In accordance with federal, state, local laws, and applicable Federal Regulations, there shall be no discrimination against any employee or applicant for employment because of their race, color, creed, religion, sex, age, national origin, disability, or veteran status. Further, it is agreed that the provisions of this Agreement will apply equally to all employees regardless of their race, creed, sex, age., national origin, disability, or veteran status.

IO

ARTICLE 7 - SENIORITY

Section 7.1- New employees shall be on probation for a period of ninety (90) calendar days from the date of hire. During the probationary period the Employer shall retain the sole discretion of disciplining, reassigning, or terminating the employee. The Company may discharge such a probationary employee as it finds advisable and such action shall not constitute a grievance or otherwise be subject to the grievance and arbitration procedure of this Agreement The Union may submit a request for the Company to reconsider the decision to terminate a probationary employee to the Chief Manager of the Company or Designee, which the Company will consider in good faith. The Company and the Union shall meet to discuss the request for reconsideration; such meeting may occur via conference call.

Section 7.2-Forthe purposes of this Article, Seniority shall be defined as the total length of time spent by an employee with continuous service with the present contractor and all previous contractors at this same worksite, unless otherwise provided for in this Agreement. When two or more employees commence accrual of seniority on the same date, seniority of employees hired on the same dateshall be determined by the lowest of the last four digits of their social security numbers to be the most senior employee.

Section 7.3 - The Company will post a seniority list at least once every twelve (12) months (once a year), and shall electronically notify the Union President of the posting. If the posted seniority list is disputed or contains an error, the Union or bargaining unit ernployee(s) shall have fourteen (14) days to inform the Company of the error; the seniority Iist will be final and not subject to cha]lenge after the fourteen (14) day period.

Section 7.4 - Seniority shall be broken and employees have their names stricken from the Seniority List only under any of the following circumstances:

• An employee quits.

• An employee is discharged for just cause.

• An employee is laid off for a period greater than one (1) year.

• An employee fails to report to work within ten (10) calendar days after written notice of recall following a layoff or after expiration of an authorized leave of absence.

• An employee retires.

• Promotion to management as provided in Article 28.S of this CBA.

ARTICLE 8 -REDUCTION IN WORK FORCE AND RECALL

Section 8.1 - Permanent reductions in force shall be implemented in reverse order of seniority, provided the Company can fill all vacant positions with qualified employees from the remaining workforce.

Section 8.2 - Inrecall,the Company shall mail a certified letter notice of recall to the appropriate employee.

Recalled employees must respond within seventy-two (72) hours after receipt of notification and must report to work within ten (10) calendar days unless extended by the Company.

Section 8.3 - All notices required under the provisions of this article shall be sent to the employee at the last address filed by the employee with the Company. Each laid-off employee shall keep the Company informed in writing (certified mail) of their current address. Notice by the Company to employee's mailing address so listed with the Company shall be considered as fulfilling the recall notice requirements.

ARTICLE 9 -HEALm AND SAFETY

Section 9.1 - Should the Company have reason to believe an employee covered by this Agreement is physically or mentally unable to satisfactorily perform the duties of their job classification, such employee shall be required to take such examinations, at the expense of tbe Company, as may be required by the Company to detennine if the employee can safely perform the duties of their job classification. If the employee cannot meet the physical or mental requirements stipulated within the terms of the Company's contract with the Government, they shall be discharged and such discharge will not be subject to the grievance and arbitration provisions of this Agreement.

Section 9.2-As required by the Government contract each employee must successfully complete an annual physical examination administered by a Company approved qualified provider. Failure to pass this examination will result in discharge. Each guard will be paid three (3) hours' wages for undergoing all Company directed physical examinations. The Company will pay for the pre-employment and annual physical examinations.

Section 9.3 - Employees may be required to provide a letter from a Company pre-approved qualified provider indicating they are fit for duty and able to perfonn the essential job functions 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 FMLA, Workers' Compensation injury, or other leave of absence).

Section 9.4 - Employees must report all prescription drug medications that may impair the employee's ability to perfonn their job duties to the Captain of the Guard the next business day after being prescribed such medications.

Section 9.5 - The Company shall, to the best of its ability, schedule examinations and tests during duty hours and allow the use of company vehicles to accomplish the examinations and/or tests.

ARTICLE 10 - DISCIPLINE

Section 10.1 - The Company shall have the right to discharge, discipline, or suspend employees for just cause. No employee who has completed the probationary period shall be suspended or discharged without just cause unless the employee is removed from working under the Government Contract by the Client, at the order or request of the Client, or if the employee's credentials are denied or withdrawn by the Client.

The "final decision" of the employee's clearance removal shall be determined by the Government and shall not be subject to the grievance and arbitration provisions of this Agreement. Upon written request by the affected employee, the Company will provide the Union written explanation of the Client's reasons for removal, provided the Client makes this information available. Where the Client provides the Company with a written order or request for removal, the Company will provide the Union with a copy of such Client order or request within two (2) business days of receipt by the Company.

Section 10.2 - The Company considers the following violations subject to discipline, up to include but not limited to termination, the following. The inclusion of this list does not constitute a waiver of the Union's right to grieve any disciplinary action or relieve the Company of the obligation to fairly and adequately investigate alleged infractions or provide the employee with due process.

• Abuse/sell/distribute prescribed and non-prescribed drugs/alcohol/inhalants/illegaldrugs;

• Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job or violation of the Alcohol and Drug Abuse Policy as agreed to by the Company and Union;

• Commit or threaten violence;

• Fighting on Government property or while on duty.

• Participating in disruptive or disorderly conduct which interferes with the nonnal and efficient operations of the Government or Company;

• Misuse of weapon(s) or possession of private/unapproved firearms, deadly weapons or explosives while on site or on the job; negligent or unauthorized discharge of a firearm.; Violation of state or federal laws regarding the possession or use of a firearm;

• Violation of Anny Regulation 190-14 (Use of Force Policy) that resuJts in serious bodily injury or significant property damage;

• Safety violation(s) that causes significant bodily harm or injury to any person;

• Violation of Government security procedures and/or regulations, including without limitation, whose set forth in the Government's Statement of Work (SOW) or AR 190-56 (Army Civilian Police and Security Guard Program);

• Improper use of official authority or credentials;

• Failure to report a breach of security or an incident that results in physical injury or property damage as required by the Government Contract or AR 190-56;

• Security clearance lifted/denied/revoked;

• Stealing, lying, vandalism, or criminal acts;

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

• Neglect of Duty to include sleeping on duty, post abandonment, insubordination, deliberate failure to carry out assigned tasks and conducting personal affairs during official time. Insubordination is defined as the wilJful refusal to follow a supervisor's direction which is not illegal. The term "personal affairs" as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provision of their care provided that such activities have been approved by the Employee's supervisor. Long Distance telephone calls shall not be made at Government expense;

• Failure to cooperate with Government officials, local military or law enforcement authorities, or the Company during an Official investigation;

• Failure to report a felony arrest or any arrest for domestic violence or driving under the influence of intoxicating liquor or drugs within 24 hours;

• Conviction of a federal or state criminal statute which prohibits the employee from working on the Contract;

• Sexual, racial, or verbal harassment in violation of Government or Company policy;

• Deliberate or negligent conduct causing monetary damages, penalties, or invoice deductions to the

Company;

• Three (3) consecutive no call/no shows, with theexception of circumstances outside the employee's control provided proper documentation evidencing the reason for the no call/no show is provided to the Company;

It is expressly agreed and understood that the Company shall have the right to establish and modify from time to time disciplinary and other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same. Prior to such change the company will meet and confer with the Union. If the Union does not agree it has the right to grieve the decision.

Section 10.3 - Progressive Discipline; The Company shall apply progressive discipline in a fair and consistent manner.

Progressive discipline for attendance matters shall be applied within ten (10) calendar days from the date the incident occurred.

The Company shall apply progressive discipline for any conduct not listed above or which does not give rise to immediate termination. Progressive discipline shall be applied within ten (10) calendar days from the date the Company becomes aware of the offense for first and second step discipline. For third and fourth step discipline, the Company will immediately notify the Union if an investigation is required, and then apply discipline within ten (10) calendar days of completion of the investigation.

First Step;

Second Step:

Third Step:

Fourth Step;

Verbal Counseling with written documentation Written Warning Suspension Termination

Progressive discipline for multiple offenses (not of a terminable nature) will be considered by the Company for a one year rolling period from the date of the incident giving rise to the discipline. All record of discipline shall be expunged from the employee's file oneyear from the date of the institution disciplinary action by the Company.

The Company shall havethe right to review conduct warranting discipline on a case-by-case basis and shall have the discretion to skip any of"the above steps.

Section 10.4 - General Provisions: To the extent possible, disciplinary action, constructive criticism, or counseling sha!J be conducted in private.

Prior to instituting disciplinary action for non-attendance infractions, the Company shall adequately investigate the alleged infraction, and shall give the employee the opportunity to present his or her side of the story either individually or through a union representative. The Company shall observe employees'

Weingarten rights during any investigation.

The Company must notify the Union in writing of any disciplinary action taken against a bargaining unit employee. For purposes of this provision, email is sufficient.

Whenever the Company places an unfavorable report in an employee's record, the employee must be notified and shall have the right to submit a written rebuttal which shall be appended to the unfavorable report.

ARTICLE 11 - GRIEVANCE PROCEDURE

Section 11.1 - At the employees' request, employees covered by this Agreement shall be represented in the investigation, presentation, and settlement of a grievance by a steward, elected official, or other representative of the Union.

Section 11.2 - For purposes of this Agreement, the word "grievance" is defined as any dispute between the company and the Union, or between the Company and the employee concerning the effect, application, breach or violation of the Agreement, including matters relating to the discipline or discharge of a non-probationary employee. Probationary employees shall not have any rights under the grievance or arbitration procedures of this Agreement. At any point during the investigation or processingof a grievance, the Parties may seek infonnally to resolve the grievance. For purpose of Article 11 - Grievance Procedure and Article 12 - Arbitration Procedure, any requirement for submission in writing may be satisfied through the use of email.

Section 11.3 - In order to be processed, all grievances must be presented to the Company at the first step within ten (10) calendar days of when the employee knew or should have known of an occurrence giving rise to a grievance. In the case of discharge, suspension or lay off, the grievance shall be commenced at Step 2 of this procedure ithin ten(10) calendar days of the occurrence giving rise to the grievance.

Section 11.4- Grievance Steps:

Step l

The grievance shall be submitted in writing signed by the aggrieved employee and a Steward, Alternate Steward or Union officer to the Captain of the Guard. The written grievance shall contain the following:

• The entire complaint and a detailed articulation of the complaint, incident and the specific provision(s) of this Agreement allegedly violated by the conduct:

• The date on which the said conduct occurred;

• The date of filing of this grievance;

• Signed and approved by the Local 106 Union President or designee;

• The position or demand of the Union;

• The employee may generally not add additional complaints after Step 1 grievances but may provide additional reasons or explanation regarding the initial complaint;

• Only those complaints articulated in the Step I grievance will be addressed unless there is new compelling documentary evidence to supPort the addition of a new complaint.

TheCaptain of the Guard shallsubmit his/her answer in writing within seven (7) calendar days from receipt of the written grievance to the aggrieved employee and the steward.

Step2

If the grievance is not resolved in Step I, the Union may appeal the grievance in writing to the Company's Project Manager within seven (7) calendar days from receipt of the Captain of the Guard's answer. Within fifteen (15) calendar days from the receipt of the Union's appeal, the Company's Project Manager shall submit a written reply to the Union.

Step3 ffthematter is not resolved in Step 2, the Union shallsubmit the grievance to the Company's Chief Manager or Designee for resolution within fifteen (15)calendar days ofreceiptof the Project Manager's answer. The Company's Chief Manager or Designee shaJl provide a written answer within fifteen (15) calendar days thereafter. If the matter is not resolved at this level, the matter shall then be considered for arbitration proceedings as provided in Article 12.

Section 11.5 -Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with time limitations and requirements as set forth above. Failure of the Company to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure. If the Company fails to provide a written response to any grievance step within the time limits specified, the Union's deadline to take the matter to the next stepshaJl beginthe first businessday following the Company's deadline for providing that written response (Example: lfthe Company fails to respond to a Step l grievance during the seven (7) day period, the Union willhaveseven (7) additional days to advance the grievance to the next step. The grievance will becomenull and void on the fifteenth (15th) day following the filing of the grievance if not advanced to the next step.) In any particular case, any time specification may be extended in writing by mutual agreement between the Company and the Union.

Section 11.6 - A Steward will be pennitted to participate in the grievance procedure as specified above during the empJoyee's scheduled workday if requested by the employee.

ARTICLE 12-ARBITRATIONPROCEDURE

Section 12.1 - Grievances which have been processed in accordance with the requirements of Article I1 Grievance Procedure, and which remain unsettled may be processed to arbitration by the Union in accordance with the following procedures and limitations.

Section 12.2 - The Union, within fifteen (15) calendar days after the rejection of the Grievance by the Company's Chief Manager, or his/her designee, will in writing, notify the Company's Chief Manager or his/her designee of its intent to invoke arbitration. The Union will request the Federal Mediation and Conciliation Service to supply a list of seven (7) arbitrators to hear the case. A copy of this request will be sent to the Company. This request will be made within five (5) calendar days after the Union's notification of its intent to invoke arbitration. An Arbitrator will be selected from the list supplied by the Federal Mediation and Conciliation Service by the parties alternately striking from the list until one name remains, and this individual will be the arbitrator to hear the case. The party who strikes first shall bedetermined by a coin toss.

Section 12.3 - The arbitrator may examine the witness or witnesses of each party. Each party shall have the right to cross-examine the witness or witnesses of the other party.

Section 12.4 - The Company and the Union may submit post-hearing arbitration briefs within thirty (30) days of the close ofan arbitration hearing. The decision of the arbitrator shall be submitted, in writing, and shall be final and bindingon all parties to the Agreement Unless written authority is given, the Arbitrator's decision shall be issued within sixty (60) days following the close of the hearing. Each party hereto shall bear expense of preparing and presenting its own case. The cost and all expenses of the arbitrator shall be borne equally by the parties.

Section 12.5 -The arbitrator's authority shall be limited to finding a direct violation of the express terms of the Contract provision or provisions. The arbitrator cannot modify, amend, or detract from or alter the provisions of this Contract, nor substitute his/her judgement for that of management.

Section 12.6-Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with the procedures and time limitations set forth above. In any case, any time limit specification may be extended by mutual agreement between the employer and the Union, in writing.

ARTICLE 13- TRAVEL

Section 13.1- For the purpose of this Agreement it is recognized that employees must report for duty at a Government identified area and then travel to a post or patrol some distance from the identified area.

Affected employees will beprovided witha Company vehicle at the identified points(Stallion Range Center and Tularosa Gate), to traverse this distance. All time expended by the employee in the travel phase to and from the assigned post, will be considered as hours worked, and is subject to the overtime computations of this contract

ARTICLE 14 - MEETINGS & SPECIAL ASSIGNMENTS

Section 14.1 - For the purpose of this Agreement, a meeting is defined as an administrative gathering at the request of Management Specifically excluded from this article are all training functions, travel times, and lock in times. All time in attendance at meetings will be considered hours worked. Employees will be paid a minimum of three (3) hours at base rate for administrative gatherings requested by management if the meeting is not scheduled while the employee is on duty and being paid. A reasonable attempt shaJI be made to conduct employee meeting<; during the affected employee's scheduled shift if the meeting is not an all-employee meeting.

Section 14.2 - An employee who is scheduled and reports for work without having been notified not to report, shall be given three (3) hours of pay at his/her applicable rate. In the event an employee is called in and en-route to a mission or special post and that requirement is canceled prior to the employee's arrival then that employee shall be paid the actual time utilized or three (3) hours at the applicable rate, whichever is greater.

ARTICLE 15 - BARGAINING UNIT WORK/SCHEDULING

Section 15.1 - Bargaining Unit Work; Bargaining Unit Work consists ofregular patrols, mission support, and special posts, as required and specified by the Client. Except as otherwise provided in this article, only members of the bargaining unit may perform Bargaining Unit Work.

Non-bargaining unit personnel may temporarily perform Bargaining Unit Work only in the following circumstances and only where such work does not result in the layoff or reduction of work hours of bargaining unit employees:

a) For the purpose of instructing and training employees

b) Under emergency situations

c) When a bargaining unit employees fails to report to a scheduled shift and other bargaining unit employees are unavailable or unwilling to fill the shift.

Bargaining unit members shall not perform management or supervisory duties, except in emergency situations and the Company is short-staffed and needs bargaining unit members to fill in on a voluntary basis until the Company hires additional personnel. ln that case, bargaining unit members will be paid at the Lieutenant's hourly rate while otherwise retaining all bargaining unit rights under this Agreement, and will only act as "leads" and direct/communicate work assignments and shall not be involved in the scheduling, discipline, hiring and firing of employees.

Section 15.2 - Employees are classified as full-time or part-time Security Guards for purposes of classification within this Agreement as follows:

a) Full-time employees are those employees who are regularly scheduled to work thirty-two (32) to forty (40) or more hours per week. The number of full-time employee slots is determined by the Company based on coverage requirements incident to performance of the Client contract.

b) Part-time employees are those employees who are scheduled to work lessthan thirty-two (32) hours per week. The number of part-time employee slots is determined by the Company based on coverage requirements incident to performance of the Client contract.

Section 15.3 - Scheduling: Shift schedules will be determined by management in accordance with this Article. The Company shall maintain the current eight full-time schedules (i.e. five consecutive shifts per week) held by the current full-time employees (three on first shift, three on second shift, and two on third shift) unless the Client directs the Company to make schedule changes or the Company determines scheduling changes would benefit operations or efficiency in which case the parties agree to negotiate such changes. In the event a full-time schedule becomes available due to retirement, resignation, termination, voluntary demotion, or any otherreason, the Company shall offerthat available schedule to otherbargaining unit employees in order of seniority.

Section 15.4-Scheduling of Missions, Special Posts and Temporary Vacancies

All other available shifts (i.e. missions, special posts and temporary patrol vacancies caused by, for exa1nple, illness, vacation or tenuinations), shall be offered to pa.rt-time c1nploycc;s with the lca:st numbe1· of scheduled shifts by seniority, then to full-time employees by seniority.

Schedules shall be posted no later than every Wednesday for the following two weeks (Sunday through Saturday). The Company shall provide notice of any changes to the posted schedule to the affected employees through phone call or text message as soon as possible, but in no case more than four hours from the time the changes is made unless the Company is unable to do so for reasons outside of the Company's control. Missions and Special Posts shall be scheduled as far in advance as reasonably possible.

ARTICLE 16 - OVERTIME

Section 16. 1 - No overtime shall be compensated for unless work is perfonned at the direction of an authorized supervisor. A supervisor, for purposes of authorizing overtime, is defmed as a Shift Supervisor (LT), the Training Officer (LT) or the Site Manager (Captain of the Guard).

Section 16.2 -In addition to regular straight time pay, overtime pay shall bepaid at fifty percent (50%) of the employee's hourly rate for:

a) All hours worked consecutively in excess of eight (8) hours.

b) All hours worked in excess of forty (40) hours on any regularly scheduled work week.

c) All hours worked when sche-duled a "Quick Tum-around". "Quick Tum-around" will be defined as reporting to work with fewer than eight (8) hours off duty.

d) There will not be any pyramiding of hours worked. Only hours actually worked will berecognized in determining overtime eligibility.

Section 16.3 - To the extent feasible, overtime will be distributed equa.lly among employees, provided the employee is qualified to perform the required work.

The opportunity to work available hours will be offered to the available Guard who has the least number of hours worked and/or charged. However, where it is more practical to do so, a guard from a preceding shift may be held over or a Guard on a subsequent shift may be called or scheduled in early. Jt is agreed and understood that theCompany reserves the right to require employees covered by this Agreement to perform available work. When necessary, such as due to refusals to available work offers, the available junior guard or guard on duty will be required to work.

In emergency situations, including the inability of a supervisor to contact off-duty Guards in sufficient time, the scheduling and assignments of available work will be handled as required by the situation.

ARTICLE 17- WAGES

Section 17.1- The current base rate for 2023 is $22.00 per hour. Bargaining unit employees will be paid the following wages:

• Effective on the first anniversary date of the Company's contract with the Government (March I, 2024) the base rate of pay for bargaining unit employees will be TBD.

• Effective on the second anniversary date of the Company's contract with the Government (March

1, 2025) the base rate of pay for bargaining unit employees will be TBD.

Section 17.2 - Probationary Guards defined by Section 7.01 will be paid $1.00 per hour less than the prevailing guard wage.

Section 17.3 - For the purpose of this Agreement shifts shall be defined and shift premiums shall be paid as follows, for the duration of this Agreement:

Second Shift (Swing Shift): $0.75 per hour higher than the base wage rate

Third Shift (Graveyard Shift): $1.00 per hour higher than the base wage rate

Shift premiums will not enter into computation of holiday, vacation, sick leave, personal leave, or bereavement (funeral) leave pay.

ARTICLE 18- FRINGE BENEFITS

Section 18.1 - The Company agrees to provide benefits for each employee covered by this agreement as specified below. This fringe benefit package (also called Health & Welfare or H&W) will be continued during the life of this Agreement unless sooner discontinued by mutual agreement, and no other changes will be made in the package unless mutually agreed upon by the Union and Company (except changes which may be made unilatera11y by the insurance company under rights reserved to it as required by law).

Section 18.2 - The Company will provide options in providing employees fringe benefits, including a health insurance plan. In providing these options for the employees, the Company agrees to provide all employees the amount set forth below in Section 18.3 as an hourly amount for all regular hours paid not to exceed eighty (80) hours per pay period for the purpose paying the premium amounts for these options including a company provided plan that supplies Health Benefits that are compliant with DOL requirements as a Bona Fide health plan. An employee may decline Health Insurance coverage only if they show proof of creditable group insurance as provided, and one of these options will be where the Employer shall pay such contributions to the employee's 401k plan. If the cost of an employee's elected health insurance plan exceeds his or her H&W allotment, the employee will pay the difference between the actual plan costs and the employee's H&W allotment by payroll deduction. If the employee's H&W allotment exceeds the cost of the employee's insurance elections, as a further option these excess H&W funds will be deposited into the employee's 401(k) pension plan in addition to the amount indicated in Section 18.4 of this agreement. Part-Time Employees whose normal schedule doesnot project enough hours worked monthly to meet the monthly health insurance premium amount will have their H&W funds contributed to their 40l(k) pension plan.

Section 18.3 - The Company agrees to provide all employees the amount set forth below as an hourly H&W amount for all regular hours paid not to exceed eighty (80) hours per pay period for the purpose of obtaining company offered benefits:

• Effective upon ratification of this Agreement: $4.80 per hour

• Effective on the 1st anniversary date of the Company's TBD contract with the Government (March 1, 2024)

• Effective on the 2nd anniversary date of the Company's TBD contract with the Government (March I, 2025)

The parties acknowledge these sections are subject to further negotiation in successor years. Either party may open negotiations sixty (60) days prior to the anniversary date (March 1<l) of the Company's Option Year with the Government.

Section 18.4- A Pension Plan will be provided to all employees. The Plan may be reviewed by employees at the Company's Stallion Range Center Office between 0800 and 1600 hours, Monday through Friday, exclusive of holidays or on-line via the plan provider's web site.

The Company agrees to deposit pension funds every month. The amount deposited will be forty-five cents ($0.45) per hour for all hours paid not to exceed eighty (80) hours per pay period. Pension funding will be maintained in accordance with Internal Revenue Service pension rules and regulations.

Each employee, to include new hires, will be immediately vested with the Company.

The parties acknowledge this section is subject to further negotiation in successor years. Either party may open negotiations sixty (60) days prior to the Company's contract anniversary date (March 1'1).

Section 18.5- The Company shall offer dental and/or vision care insurance for purchase by employees.

ARTICLE 19-LOCK IN TIME

Section 19.1- It is agreed and understood that due to missions on the range, there are times when guards will be locked in and there wil1 be no way of effecting shift change at normal times. In such instances, the Company will allow locked out guards to clock in at normal times at the specified reporting points and stand by or perform other assigned duties until such time that the mission lifts and shift changes can occur or the scheduled shift ends, whichever occurs first.

ARTICLE 20 - TRAINING TIME

Section 20.1- Forthe purpose of this Article, training time is considered as hours worked:

• Classroom instruction (as required);

• Semi-annual night firing familiarization;

• Semi-annual weapons qualifications;

• Annual Physical Aptitude Test qualifications;

• Officer Survival Training;

• First Aid/CPR training;

• Defensive Driving training;

• Any other scheduled training as required by Contract or Company;

ARTICLE 21 - LEAVES

Section 21.1- Unpaid Leave of Absence: Upon approval of and in the sole discretion of the Company, a leave of absence without pay up to ninety (90) days may be granted to an employee after the employee has exhausted all accrued vacation time. During such leave, the employee will accrue seniority for the ninety

(90) days of the leave of absence.

An employee accepting gainful employment while on leave of absence, except as specifically approved in writing by the Company, automatically tenninates employment with the Company.

Section 21.2 - Sick Leave: Employees shall accrue sick leave on a twenty-six (26) pay period per year basis. Employees shall be entitled to the number of sick leave days noted in the chart below. A day is defined as eight (8) hours. The annual number of sick days shall be divided equally among the 26 pay periods in a year. For example, an employee in his/her first year of service will accrue sick leave at the rate of2.15384615 hours per pay pe·nod. N0 ·SlCk Ieave accrues du·rmg anew employee's probationary period.

Number of Days Accrued Per Year

After 90 days completed service 7

After 5 years completed service 9

After 10 years completed service IO

Employees that cannot report to work due to illness shall notify their supervisor at least four (4) hours prior to their scheduled shift. Emergencies preventing this will be taken into consideration by the Captain of the Guard.

Sick leave can be used when accrued. The Employer shall charge absences due to illness, unplanned absences (call offs) against accrued sick leave in one half (1/2) hour increments up to the employee's regularly scheduled shift hours.

Sick leave will be payable for full days of absence due to illness of the employee or their immediate family commencing on the first day of illness and will not be paid for more than their entire scheduled shift at the base rate of pay for each day the employee is eligible to receive sick pay. Sick leave will not be considered as time worked for purposes of computing overtime.

Proof of incapacity or sickness from a U.S. doctor or other U.S. licensed medical provider shall be required by the Employer after two (2) consecutive days of absence. Proof of incapacity or sickness from a U.S.

doctor or other U.S. licensed medical provider shall be required after one(]) day's absence, if a pattern of absences exists, or an employee has exhausted all their sick leave. A pattern of absence is defined as more than three call offs in a six (6) month rolling period.

Unused accrued sick leave over forty (40) hours will be paid out at the end of each anniversary year (on the regular pay day next following their anniversary date) at the base rate of pay in effect when earned, excluding benefits and allowances. Otherwise sick leave is carried over. No sick leave pay will be paid outupon tennination for just cause, but shall be paid out for any other separation of employment.

Sick leave can be used as personal leave if the employee provides seven (7) days advance notice, coverage is not jeopardized as a result of theirabsence, and it is approved by the Employer. Employees must be able to maintain a sick leave balance of 40 hours after the requested sick leave for personal leave has been granted.

Part-time employees' Sick Leave will bepro-rated based upon hours worked and yearsof service according to the chart above.

Section 21.3-Military Leave: The Company will comply with applicable federal and statelaws governing military leave.

For current employees who are…