Attachment 7b - CBA-2019-12620_FCGOA DTO.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2019-12620 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 07/12/2019 State: Texas

Area: Statewide

Employed on U.S. Immigration and Customs Enforcement contract for contract for Transportation and Guard services.

Area: Texas Counties of Cameron, Webb, Williamson, Val Verde.

Collective Bargaining Agreement between contractor: Trailboss Enterprises, Inc., and union: Federal Contract Guards of America Local , effective 06/01/2019 through 05/31/2022.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1beta.SAM.gov

7/12/2019https://beta.sam.gov/wage-determination/cba/agreement/65221/document

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TRAILBOSS ENTERPRISES, INC.

AND THE

FEDERAL CONTRACT GUARDS OF AMERICA (FCGOA)

1 June 2019 – 31 May 2022

Page 2 / 37

TABLE OF CONTENTS

Preamble 3

1 Recognition 3

2 Classifications 4

3 Fair Employment Practices 5

4 Dues / Check-Off Authorization 5

5 Union Representation 6

6 Management Rights 7

7 No Strike or Lockout 8

8 Seniority 8

9 Lay-Off and Recall 10

10 Grievance Procedure 11

11 Arbitration Procedure 12

12 Drug and Alcohol Policy 13

13 Client Requirements 14

14 Examinations 14

15 Bulletin Boards 14

16 General 15

17 Discipline 16

18 Hours of Work / Overtime / Training and Mileage 20

19 Schedule Bidding 22

20 Wages 24

21 Health and Welfare 25

22 401K Participation 26

23 Vacations 26

24 Sick Leave 28

25 Holidays 30

26 Uniform/Equipment 31

27 Bereavement 33

28 Leave of Absence 33

29 Joint Labor Management Meetings 35

30 Duration 36

Signature Page 36

Appendix 37

Page 3 / 37

PREAMBLE

This Collective Bargaining Agreement (“CBA” or “Agreement”) entered into on June 1, 2019 by and between Trailboss Enterprises, Inc., and any of its successors, (the “Company”) and the

Federal Contract Guards of America, (the “Union”).

In the event the U.S. Government (the “Client”), terminates the current or any succeeding

Service Contract Act (SCA) Contract with the Company for transportation services within the

San Antonio Field Office Texas or successor contract, the parties agree to meet and discuss the impact on the bargaining unit. To the extent by controlling law, the economic portions of this

Agreement will be binding onto the successor.

ARTICLE 1

RECOGNITION

Section 1.01

The Company recognizes the Union as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment, and all other conditions of employment for all bargaining unit employees employed at the San Benito/Harlingen, Laredo, Hutto, and Del Rio, associated with the Company’s contract with the Client. The bargaining unit is defined as all part time and full time Detention/Transportation Officers, employed by the Company at the San

Benito/Harlingen, Laredo, Hutto and Del Rio sectors in Texas; excluding all office clerical employees, professional employees, and supervisors as defined in the Act. This agreement shall be binding on all parties and their successors and assigns. In the event of a sale, transfer of the business/Company, or any part thereof, the purchaser or transferee shall be bound by this

Agreement.

Section 1.02

The Company hereby recognizes the Union as the sole bargaining representative for all

Detention/Transportation employees providing Detention/Transportation Services who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Company. The Company 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 adjust grievances or complaints on any of these matters in the manner provided for in this Agreement.

Section 1.03

The Company will notify the Union Representative of any new-hire training classes (as soon as the class schedule is known). The Company will coordinate with the Union so they may schedule and hold an orientation regarding Union business. It is agreed that the Union orientation is compensable by the Company up to (1) one hour per class and (15) fifteen minutes for individual employees entering the bargaining unit.

Page 4 / 37

Section 1.04

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

Union, the Company will meet with the Union to discuss any changes in policies or procedures.

If it becomes necessary to review articles contained within this CBA to clarify meaning and/or to agree upon the meaning of articles, the Company and the Union shall agree to meet. Any agreements made during these meetings will be documented and signed by both parties and attached as a memorandum to the CBA.

Section 1.05

The employer agrees to card check recognition for all new units associated with this Client

Contract. An independent 3 rd party will be utilized to validate the results. Costs will be shared equally by the Company and the Union.

ARTICLE 2

CLASSIFICATIONS

Section 2.01

Employees are classified as full time or part time Detention/Transportation Officers.

Section 2.02

Full-time employees are those employees who are classified as such on the Seniority List who are regularly scheduled to work 32 hours or more per week. Employees who work an average of

32 hours or more per week will receive full time benefits. The number of full-time employee slots is determined by the Company based on various detail coverage requirements

Section 2.03

Part-time employees are those employees who are classified as such on the Seniority List and work less than thirty-two (32) hours per week.

Section 2.04

Employees covered by this Agreement shall not be required to deliver office supplies, furniture, equipment that does not pertain to normally assigned duties.

Section 2.05

Employees covered under this agreement may be required, from time to time, to perform janitorial work which includes cleaning up after themselves. Employees will be responsible for the routine cleaning, and sanitizing of the vehicles. This may, from time to time include the washing of the outside of the vehicle if onsite maintenance personnel are not available. These duties will in no way interfere with hours related to USDOT driver’s hours. Employees will be provided the proper personal protective equipment.

Page 5 / 37

Section 2.06

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

ARTICLE 3

FAIR EMPLOYMENT PRACTICES

Section 3.01

Neither the Company nor the Union shall discriminate against any employee on the basis of race, color, creed, sex, age, religion, nationality, Union activity, veteran’s status, or handicap.

Section 3.02

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

Section 3.03

Neither the Company nor the Union shall interfere with, intimidate, retaliate, restrain, coerce or discriminate against any employee because of the exercise of his/her rights granted pursuant to this agreement or federal law.

ARTICLE 4

DUES / CHECK-OFF AUTHORIZATION

Section 4.01

The Company agrees that upon receipt of an individual written request, on a form provided by the Union and signed by an employee covered by this Agreement, to deduct Union dues, fees and/or assessments from the wages of officers. Such deductions shall be made monthly, or after the employee has sufficient net earnings to cover the Union membership dues or assessments.

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

P.O. Box 311022, Jamaica, NY 11432. When an employee separates from the bargaining unit, such deduction shall cease. The deductions will be taken from the employee’s earnings every two (2) weeks.

Section 4.02

The Union agrees it will promptly furnish a written schedule of the Union dues, assessments, initiation and proportionate share payments. The Union also agrees to promptly notify the

Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15 th

) of the month proceeding the date that deductions are to be made. The Company will not make any retroactive deductions and is not liable for any deductions if the Union has failed to give prompt prior notice and/or failed to have any authorization cards submitted prior to the fifteenth (15 th ) of the preceding month.

Page 6 / 37

Section 4.03

The Company agrees to furnish the Union on a monthly basis, an alphabetized list of employee names, social security numbers, address, basic rate of pay, and amount of Union deductions for each employee represented by the Union.

Section 4.04

The Union agrees to indemnify the Company against any loss or claim, which may arise as a result of The Company’s compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Company any erroneous or improper overpayment made to it.

ARTICLE 5

UNION REPRESENTATION

Section 5.01

At the employees’ request, employees covered by this Agreement shall be represented in the investigation, presentation and settlement of a grievance by a steward or official of the Union.

Section 5.02

The Steward is employed to perform work on the detail to which he is assigned. Upon proper relief and with management approval, they may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement that do not interfere with Company’s operations. If relieved from detail, the Steward will be compensated for time spent while representing employees by the Company and the Steward shall promptly notify his supervisor when returning to his assigned duties. For the purposes of this article, Management is defined as Lieutenant or above.

Section 5.03

Upon request, the Company agrees to furnish to the Union for review; statements, written material, or allegations upon the discipline and/or investigation of an employee.

Section 5.04

Either the Company or the Union may request a meeting to discuss any matters, exclusive or grievances, arising out of the application or interpretation of this Agreement. Thereafter, a meeting shall be held at a time and place mutually agreeable.

Section 5.05

The Union will furnish to the Company an updated list of all Union Officials, stewards and representatives as changes occur.

Section 5.06

The Company will allow up to two (2) representatives per unit to attend conferences and/or other

Union related business upon request from the Union with reasonable notice. Up to two (2) employees will be allowed to attend labor negotiations per unit. Employees will not be compensated by the Company for this time.

Page 7 / 37

ARTICLE 6

MANAGEMENT RIGHTS

Section 6.01

The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company. The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, layoff, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment, determine establish or continue reasonable policies, practices, and procedures for the conduct of the business and from time to time, to change or abolish such policies, practices or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment for its operations, including equipment for new operations; to determine the number of hours per day or week that operations shall be carried on; to establish day and night shifts, to set the hours of work and the number of employees for such shifts, to determine the fact of lack of work; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business. Company policies and procedures in affect at time of negotiations shall be the adopted policies, management reserves the right to modify, amend or delete policies from time to time provided written notice to the Union.

Section 6.02

The above paragraphs are recognized as the rights and functions of Management by the Union, but the Company agrees the exercise of the Management functions will be in accordance with the terms and conditions of this Agreement and Agreements entered into in the future with the

Union.

Section 6.03

The Union agrees that all employees must read the Company Handbook during training and acknowledge their awareness of its content within 3 days of their hire date or within 3 days of any updated or revised version.

Section 6.04

Detention/Transportation Officers may be part of a bargaining unit represented by the Union. In cases where the provisions of the Company handbook conflict with the provisions of the CBA, the terms of the CBA shall prevail. In the case where a written directive from DHS/ICE conflicts with the CBA, the written directive shall prevail; however, the parties agree to meet and discuss the impact on the unit.

Section 6.05

The Company agrees to provide the Union with a copy of any new policies in writing when new changes arise. The Union maintains the right to grieve such policy changes if said policies alter

Page 8 / 37 the collective bargaining agreement. On written notice of any policy the Union will have (30) calendar days to grieve changes; failure by the Union to grieve said changes shall mean the

Union accepts the changes. Any new changes to operations and/or Company policies will be posted for employees to read throughout the workday.

ARTICLE 7

NO STRIKE OR LOCKOUT

Section 7.01

During the term of this Agreement, the Union agrees it will not engage in any strike, work stoppage, slowdown, sit down, sympathy strike or any other work interruption of interference with or against the Company, for any reason, whether in protest of alleged violations of this

Agreement.

Section 7.02

During the term of this agreement, the Company will not lock out employees.

Section 7.03

The Union agrees as part of the consideration of this Agreement, it will take immediate steps to end any work stoppages, strikes, intentional slowdown, or suspension of work, and shall notify its members of any such violation to this Agreement and shall instruct its membership to return to work immediately. The Union agrees it will not assist employees participating in such work stoppages, strikes, or intentional slowdowns.

Section 7.04

The Company recognizes the Union’s right to hold non-work interrupting demonstrations and to contact the public media outside the limits of client/Company property; however, the Union agrees to notify the Company of any pending plans to demonstrate or to meet with public media and to meet with the Company to afford an opportunity to resolve differences prior to any demonstration/meeting with the public media taking place.

ARTICLE 8

SENIORITY

Section 8.01

Seniority shall be defined as the total length of time spent by an employee with continuous service with the present contractor and all predecessor contractors at these site(s). Seniority on such predecessor contracts shall be used in determining the applicable wages, fringe benefits, and leave schedules.

Section 8.02

An employee shall be regarded as a probationary employee for the first ninety (90) calendar days of his employment. During this period, the employee will be considered a Probationary

Employee and may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement, provided, however, that any claim or complaint based on a

Page 9 / 37 violation of any federal, state or local statute, regulation or ordinance shall be subject to the

Grievance and Arbitration provisions herein as the exclusive means or redress. This period can be extended, on a case by case basis, provided the Company submits such notifications in writing to the Union. There shall be no responsibility on the part of the Company to retain such employee on the payroll and the layoff or discharge of such employee shall not constitute the basis for a grievance against the Company.

Section 8.03

After an employee has completed ninety (90) calendar days of employment, their name shall be placed on the Seniority List in accordance with their respective hire date, which shall constitute their seniority date.

Section 8.04

Seniority for employees who are hired on the same date will be determined by the date hired and then the time wherein the employee first stood detail. The tie breaker would revert to the EOD

Clearance date and then the last four (4) digits of the employee’s social security number from lowest to highest with lowest being more senior.

Section 8.05

A Seniority List will be furnished quarterly to the Union or upon request by the Union.

Section 8.06

An employee shall lose their seniority for any of the following reasons:

a) An Employee quits.

b) An Employee is discharged for just and proper cause.

c) An Employee is laid off for a period equal to his/her seniority and they had less than one year (1) of seniority with the Company at the time they were placed on layoff.

d) An Employee is laid off for a period of two (2) years.

e) An Employee fails to report to work with in seven (7) workdays after written notice of recall following a layoff or after expiration of an authorized leave of absence.

f) An Employee retires.

g) An Employee accepts employment elsewhere while on leave of absence.

h) An Employee who fails to report to work for two (2) consecutively scheduled days without notifying the Company shall be considered as a voluntary resignation (except in case of circumstances beyond their control with valid documentation).

i) An Employee is absent from work due to a non-occupational injury for 12 months.

j) An Employee is absent from work due to an occupational injury for 18 months.

Section 8.07

In the event it is determined there will be a reduction in the work force, employees serving their probationary period at the time of the implementation of the reduction, shall be laid off before employees with seniority.

Section 8.08

Seniority shall be applied as specified by the terms and conditions of this Agreement.

Page 10 / 37

Section 8.09

Seniority shall accumulate during the period of any approved FMLA leave of absence, subject to the provisions of this Agreement and any other federal laws. Seniority shall not apply to any other leaves of absence listed herein for the accumulation of benefits.

Section 8.10

The Company agrees to return employees to work that were off on workers’ compensation provided all the following exist: present a release from the workers’ compensation doctor;

passing a fitness for duty medical exam; and the employee meets all contractual requirements by

ICE. Employees who exceed their FMLA while on workers’ compensation will be subject to termination. Employees who are not eligible for FMLA, that go on workers’ compensation, will be granted a 12 week period in which they can return to work without being terminated. All other aspects of FMLA will remain as outlined in the Statute.

Section 8.11

It is understood that employees shall have preference of assignments to shifts and days off by bidding for their slot. An employee may file with the Company a written request for a change of shift or days off or slot; however, the Company reserves the right to approve or deny a change request. The time and date of the filing shall be noted on the face of the request and be maintained by the Company. When the Company determines an opening exists, the Company will fill the opening with the most senior qualified employee that has requested the slot.

Section 8.12

Employees who are hired initially by the Company will utilize that date as their contract hire date. Employees with previous onsite working experience with another Company without a break in service will maintain contract seniority for the purposes of benefits only per the Service

Contract Act guidelines.

ARTICLE 9

LAY-OFF AND RECALL

Section 9.01

In the event of a lay-off, probationary employees shall be laid off first. Part-time employees shall be next, followed by full time employees; all lay-offs shall be in inverse order of seniority.

Section 9.02

When a vacancy arises, the Company shall recall employees in accordance with seniority in inverse order of being laid off, as specified in section 9.01.

Section 9.03

Full-time and Part-time employees shall continue to retain recalls rights for a two (2) year period.

Page 11 / 37

ARTICLE 10

GRIEVANCE PROCEDURE

Section 10.01

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, or interpretation of the terms of this Agreement. Probationary employees shall not have any rights under the grievance procedure.

Section 10.02

In order to be processed, all grievances must be presented at the first step within ten (10) business days after the date of the occurrence giving rise to the grievance or within ten (10) business days after the employee or the Union knew or should have known of the occurrence. In the case of discharge or suspension, the grievance shall be commenced at Step 3 of this procedure and the written grievance shall be presented to the Program Manager or designee within ten (10) business days after the date of the occurrence, giving rise to the grievance.

Grievances that involve violation of statutory issues will be reviewed by the Union’s business agent or designee.

Section 10.03

Step 1

The employee shall meet with his/her Lieutenant or designee to discuss the grievance. The discussion of the grievance shall set forth the facts and specify the Article and section/paragraph allegedly violated. If the grievance is not resolved within five (5) business days of the meeting, the grievance may be processed to Step 2. Step 1 grievances must be filed with a supervisor.

Step 2

If the grievance is not resolved in Step 1, the grievance shall not later than ten (10) business days after the occurrence given rise to the grievance, be reduced to writing on the appropriate

Union grievance form, setting forth the facts, and specifying the Article and section/paragraph allegedly violated. The Steward shall then submit the grievance to his/her

Transport Coordinator or designee. A meeting shall be arranged within five (5) business days of the Transport Coordinator’s receipt of the written grievance. The meeting shall be attended by the grievant, the Union Steward and the Transport Coordinator or designee. The Transport

Coordinator shall give a written response to the grievance within five (5) Business days after the Step 2 meeting.

Step 3

If the grievance is not resolved in Step 2, the grievance shall, not later than five (5) business days after the denial by the Transport Coordinator or designee, shall be submitted by the

Union representative or designee to the Regional HR Manager or designee. A meeting shall be arranged within five (5) Business days of the Program Manager or Regional HR Manager or designee’s receipt of the grievance. The meeting shall be attended by the grievant, Steward, Union representatives, the Regional HR Manager or designee, and other Company representatives as may be needed. The Program Manager or designee shall give the Union

Page 12 / 37 representative a written response within five (5) business days following the date of the meeting.

Section 10.04

If the grievance is not resolved in Step 3, it will be reviewed by the FCGOA President or designee and the Company Human Resources Director or designee within fifteen (15) business days of the denial of the Program Manager or designee. A meeting or telephonic review between the above referenced parties may be held by mutual agreement.

Section 10.05

Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with time limitations set forth above. There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the

Company to act within the time limit set forth in any step shall render the grievance granted to the Union as described in the grievance. Time specifications may be extended, in writing, by mutual agreement between the Company and the Union.

Section 10.06

Stewards and/or Union officials will be permitted to participate in the grievance procedure as specified above during the employees scheduled workday, if requested by the employee.

ARTICLE 11

ARBITRATION PROCEDURE

Section 11.01

Grievances remaining unsettled, after being processed in accordance with the requirements of

Article 10, may move to Arbitration in accordance with the following procedures and limitations.

Section 11.02

The Union, within twenty (20) calendar days after rejection of the grievance by the Company’s

Corporate Human Resources Director or designee, shall in writing, notify the Company’s

Corporate Human Resources Director or designee of its intent to invoke Arbitration. The

Company and Union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case. Should the parties fail to agree upon the selection of an arbitrator, the Union will, within five (5) calendar days, request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators to hear the case; a copy of this request will be sent to the

Company. An arbitrator will be selected from the list supplied by FMCS by the parties alternately striking names until one name remains as the arbitrator to hear the case, or by mutually agreeing to an arbitrator on the FMCS-provided list.

Section 11.03

The decision of the arbitrator shall be submitted in writing, and shall be final and binding on all parties. Unless written authority is given, the decision shall be made within 30 days following the close of the hearing. Each party shall bear the expense of preparing and presenting its own case; the cost and expenses of the arbitrator shall be borne equally by the parties.

Page 13 / 37

Section 11.04

The arbitrator’s authority shall be limited to finding a direct violation of the express purpose of the Contract provision or provisions in question rather than an implied or indirect purpose. The arbitrator cannot modify, amend, detract from or alter the provisions of this Contract, nor substitute his/her judgment for that of management.

Section 11.05

Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with the procedure and time limitations set forth above. Any time limit specification may be extended in writing by mutual agreement between the Company and the Union.

ARTICLE 12

DRUG AND ALCOHOL POLICY

Section 12.01

The Company will, from time to time, require any bargaining unit employee to take a substance abuse test under the following conditions: a) a random test; b) upon reasonable suspicion by the

Client or the Company; c) when an employee discharges his/her weapon (except at the gun range); d) following an accident or any workplace injury; e) as part of the Client required physical examination; or f) as allowed under any applicable federal, state or local law for the use of illegal drugs. Testing will be in accordance with the procedures described in the Mandatory

Guidelines for Federal Workplace Drug Testing programs, initially published by the Department of Health and Human Services and/or Department of Transportation, as amended from time to time, and in accordance with applicable state laws. Testing will be conducted by the Company under a program with procedures of uniform applicability to all the bargaining unit employees.

There shall be no discrimination against bargaining unit employees.

Section 12.02

The Union and the Company agree there shall be a zero tolerance policy for illegal drug use. If the initial results of a substance abuse test are positive for illegal drugs, a split sample shall be tested; the Company will place the employee on administrative leave pending investigation and/or appeal from DOT mandates. If an employee is returned to work after an appeal, they will not be compensated but will be allowed to make up the missed hours.

Section 12.03

The Union and the Company agree to abide by the Company’s substance abuse policy as it is outlined in the Employee Handbook as issued to staff.

Section 12.04

If a bargaining unit employee is required to take a random drug test, the employee will be paid four (4) hours of pay at his/her regular straight-time hourly rate if the employee is not otherwise on duty.

Page 14 / 37

ARTICLE 13

CLIENT REQUIREMENTS

Section 13.01

The parties recognize that the Company is providing a service to the United States Government

(the “Client”); therefore, the administration of the terms of this Agreement are subject to the wishes of the Client. The client may supersede any understanding regarding detail assignments, hours, shifts, credentials, qualifications, or any other Client directive not mentioned herein.

Section 13.02

Notwithstanding any provision of this Agreement, to the extent the Client requires compliance with specific procedures, (e.g., security clearances, medical, examinations, weapon proficiency testing, uniforms/appearance standards, staffing determinations, assignments, work rules, and substance abuse testing), or with requirements of the Service Contract Act, the Company will be permitted to adhere to those requirements without recourse against the Company from the Union or any employee; however, it is agreed the Company and the Union will meet and bargain over the impacts and effects of any such change.

Section 13.03

The Company agrees to provide the Union with a copy of any such Client directive upon request

(if available) or following being requested by the Company.

Section 13.04

The Company may require employees to give statements in writing or interview employees regarding their knowledge of events under investigation by the client or the Company. The

Company is required to allow a Union representative to attend any such meetings or interviews.

The Company may not force a statement from an employee through coercion or threats, nor compel an employee to make a statement against the employee’s self -interest; however, failure to cooperate in a fact finding investigation will result in its conclusion without the employee's input to the process. If an employee is later found to have withheld information pertinent to an investigation, that employee may be subject to disciplinary action up to and including termination.

ARTICLE 14

EXAMINATIONS

Anytime the Company directs an employee to accomplish testing or examination on the employee’s personal time the employee will be paid a minimum of four (4) hours.

ARTICLE 15

BULLETIN BOARD

Section 15.01

A bulletin board found to be acceptable by the Company shall be purchased, used, maintained, and controlled by the Union.

Page 15 / 37

Section 15.02

It is understood and agreed that no material shall be posted which is obscene, defamatory, or which would impair Company operations or to coincide with ICE Polices and Regulations.

ARTICLE 16

GENERAL

Section 16.01

If any provision or any application of this Agreement is determined to be contrary to law, then such provision or application shall not be deemed valid. All other provisions or applications shall continue in full force and effect.

Section 16.02

As a condition of employment or continued employment, employees are required to possess certain security clearances, suitability, licenses and/or certifications, (including weapons’ certifications). The Company will pay a minimum of four (4) hours or actual time spent whichever is greater for refresher training necessary for the employee to complete weapons recertification. The Company is responsible for the costs associated with weapons qualifications.

Section 16.03

Employees entering service with the Company agree to Company performed personal background checks and verification of employee provided references. Submission of false information relative to background data, qualifications, experience, or references, or revelation of detrimental information prejudicial to the Company’s interest, will subject the employee to, and is defined as, conduct warranting immediate discharge for cause.

Section 16.04

The Company and the Union shall keep each other advised, in writing, of the names of the authorized representatives.

Section 16.05

Should the President of the United States or Department of Labor enact a new labor standard for federally contracted employees, the Company agrees to grant said benefit to bargaining unit members at the beginning of the next option period.

Section 16.06

Each employee is at all times responsible for having a correct address and telephone number on file with the Company. All written notices by the Company shall be deemed to be properly filed if sent to the employee’s last address on file.

Section 16.07

The Company agrees to provide the Union with a list of new hires and terminations, to include the employee’s name, address and phone number.

Page 16 / 37

Section 16.08

An employee who serves on jury duty shall be paid at his/her base hourly rate for regular scheduled workdays lost. Hours worked under this provision will not be considered time worked for the purpose of computing overtime.

Section 16.09

The Employer agrees to provide a minimum of 100 practice rounds to each employee prior to weapons qualifications. If the employee received a passing score with the practice rounds they may choose to accept that score or continue on with their other attempts. If the employee chooses to not accept their qualifying score and subsequently fails on their next attempt, they will not be able to use their previous passing score. The employee will then be required to pass the test as outlined in the Company’s firearms policy under “failure to qualify”.

ARTICLE 17

DISCIPLINE

Section 17.01

After completion of the probationary period, as specified in Section 8.02, no Employee shall be disciplined, dismissed, or suspended without just cause. Just cause shall include any suspension or revocation of clearance by ICE. The “final decision” on the Employee’s clearance removal shall be determined by the Client, and the Company shall be held harmless by the Union and the

Employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties. In the event the contracting agency directs a specific employee be removed from the contract or otherwise disciplined, the Company will present the documentation to the Union within two business days.

Furthermore, to maintain harmony in the workplace, violations of workplace rules, policies and standards will be addressed with the employee(s) involved within 5 days from the occurrence of the offense or 5 days from completion of the investigation provided the employee is available to participate in the investigation.

The Company’s contract with the Client sets out performance standards and contract requirements for Detention/Transportation Officers and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. Employees agree to comply with any non-disciplinary directive issued by the Client. In the case where as an employee’s clearance is suspended by ICE, the Company may place the employee on unpaid

Administrative Leave. In the event the employee’s clearance is later reinstated, the Company will not be responsible for any back pay monies, to include H&W. The employee upon returned to work, will maintain seniority for unit and benefit purposes.

Rules and regulations are the backbone of the Company’s successful operation. Supervisors and managers are responsible for implementing these rules and regulations. It is the duty of each employee to follow the Company’s published rules and the directives of his/her immediate supervisor. All employees are expected to behave in an orderly, courteous manner and to fulfill the obligations set out in their job descriptions. If employees knowingly and willingly violates

Company rules of conduct, their immediate supervisor will discipline the employees in accordance with these general guidelines. Orders given shall be in writing when reasonable. Any

Page 17 / 37 order given to an employee orally shall be followed by the employee; if such order given is in violation of a Client or Company directive, the employee following the order shall not be held in violation for following such order. If an employee feels a directive is in violation of law or causes a potential risk to his safety, such employee shall contact the Transport Coordinator or

Project Manager for guidance.

Minor Violations: Such violations will be considered as employee actions that impair or disrupt operations. A supervisor will usually deliver a verbal reprimand for minor violations, unless an employee repeatedly violates the same rule or regulation. Examples of minor violations include:

occasional uniform discrepancies, occasional tardiness, minor log entry errors, and other employee errors that are noted and corrected without undue interruption to services.

Moderate Violations: Such violations are considered as employee actions that impair or disrupt the orderly performance of work by the individual or a group of employees. These violations include, but are not limited to: repeated occurrences of minor violations. “Repeated” is defined as more than one minor violation per month. In such cases, the employee’s immediate supervisor will issue a written reprimand.

Major Violations: Such violations are considered as employee actions that directly endanger the health and safety of any employee or significantly disrupt the orderly performance of work. They include, but are not limited to: violation of any rule or prohibition incorporated in a “Code of

Conduct” for a specific contract site; insubordination falsification of Employee, Client or

Company records; theft of Company, Client or employee property; violation of safety rules;

violation of client rules; and the use of alcohol or illegal drugs on Company/Client premises at any time. They may also include the issuance of more than one written reprimand within one month. (See “Immediate termination offenses below).

Disciplinary actions will be handled on a fair and consistent basis. They will be non-discriminatory in their application and be reasonable in their appropriateness to the problem/situation. Discharge will be used only as a final measure when reasonable remedial efforts have failed, except in those situations that justify immediate termination.

Each employee has the right to express his/her views concerning Company policies and practices to management; however, each employee is responsible for expressing those views in a fair, honest, and professional manner. Every employee should be committed to making positive and constructive criticism of disciplinary rules and regulations.

The Company reserves the right to bypass the disciplinary steps and base its disciplinary action on the severity, frequency, or combination of infractions when circumstances warrant immediate action.

For serious offenses, such as fighting, theft, insubordination, violence, drug or alcohol abuse, etc., termination may be the first and only disciplinary step taken. Any step or steps of the progressive disciplinary process may be skipped at the discretion of the Company. The use of profane or abusive language, fighting, deliberately causing injury to another, and other forms of disorderly conduct or malicious disturbance (including malicious gossip), and the intimidation of

Page 18 / 37 others, is not acceptable. Degrees of discipline are generally progressive so employees have the opportunity to correct employment problems; however, there is no set standard of how many oral warnings must be given prior to a written warning or how many written warnings must precede probation or suspension and ultimately termination. The following factors will be taken into account when applying progressive discipline: the seriousness of the offense, prior disciplinary actions, and previous work history. The Company will document a disciplinary process beginning with the first verbal warning (verbal warnings are recorded on counseling forms). A record of the disciplinary action will be retained in the employee’s personnel file. In cases where an employee is repeatedly issued written reprimands for abuses of rules and improper behavior, he/she will be counseled by the immediate supervisor or a higher authority within Management.

If the improper behavior continues, the employee may be terminated. The sequence of progressive disciplinary action should (but may not always) occur in the following steps:

Informal counseling: Upon knowledge of a performance or conduct problem, the supervisor will counsel the employee involved on an informal basis. The purpose of informal counseling is to make the employee aware that his/her performance and/or conduct does not meet specified requirements. The seriousness of the problem and the possible consequences of inaction on the part of the employee in correcting the problem will be outlined, as well as a review of specific policies applicable to the situation. The informal counseling will be documented on a Counseling form.

Written warning and counseling: In case of a repeated or serious problem in either performance or conduct, the supervisor will counsel the employee involved on a formal basis.

The purpose of the written warning and counseling is to discuss the nature of the problem and the specific steps to be taken by the employee to correct it. The written warning will include the date, a description of the problem, and a specific corrective action to be taken by the employee over a designated period of time. The employee will review the written warning documenting the session and add any comments desired. For subsequent offenses the subject line of a written warning may read “Warning, your job is in Jeopardy”.

Suspension: In cases of a major job performance problem and/or continued lack of improvement in performance or conduct, the supervisor will place the employee on suspension. Suspensions may range from one to thirty working days.

Discharge: Flagrant disregard for policies and practices, such as gross insubordination or physical violence, may warrant immediate discharge. Major offenses, such as dishonesty, breach of trust, unlawful distribution of drugs while conducting Company business, and possessing or transporting unauthorized firearms in Company vehicles, are so serious in nature that an employee may be discharged for the first violation. Discharge from employment will also occur when the probation period progress reviews indicate the employee’s performance or conduct has not improved during probation or at the end of probation.

Immediate termination offenses (considered Misconduct) include:

Abuse, possession, or selling prescribed and non-prescribed drugs, alcohol, inhalants

Selling client lists/information

Page 19 / 37

Excessive tardiness/unplanned absences (more than 3 instances per month in any two consecutive months that are not documented by a Doctor’s note).

Commit, or threaten to commit physical violence

Excessive use of force; as determined by an investigation

A second “no call/no show” in a rolling 12 month period

Falsifying Company/Client documents

Sleeping on duty

Conducting Union business on duty while not relieved or on authorized break.

Loss of security clearance/security officer license through off-duty or on-duty misconduct

No longer meeting the physical qualifications for the job as verified by a physician in a fit-for-duty examination ordered by the Company

Walking off the job (defined as abandoning or refusing to work assigned detail)

Lying on applications, resumes, or providing false information to Company or a client

Altering or falsifying time records (including signing in for another officer in the time system)

Failure to complete required training (unless properly excused).

Possession of unapproved/unauthorized firearms, deadly weapons, explosives;

introduction of authorized weaponry in an unauthorized facility area

Willful or negligent loss, theft or destruction of Company or Client property

Willful disregard of Company policies; such as not utilizing the chain of command

Blatant misconduct; insubordination towards a Company supervisor or Client official

Introducing contraband onto Company/Client property

Not informing the Company of an arrest by civil authorities

Reporting for work intoxicated or under the influence of drugs/inhalants

Failure of a urinalysis (drug) test

Engaging in any activity that creates an unsafe condition for themselves, other officers, client staff, customers or visitors

All disciplinary actions will be removed from the employee’s personnel file after twelve (12) months of the occurrence. Verbal warnings will be removed after 6 months of the occurrence provided there are no other similar offenses within the previous 6 months.

Section 17.02

If an employee is placed on Administrative Leave by the Company pending investigation for a work related issue and is found not at fault the employee will be returned to work paid for all hours missed and made whole without loss of seniority. If an employee is placed on

Administrative Leave pending an investigation for a non-work related issue and is found not at fault, the Company shall not be responsible for any compensation. If an employee is denied access to any site by ICE for any reason and the employee is placed on Administrative Leave as a result, the employee will not be entitled to any back pay from the Company when they return regardless of the establishment of fault.

Section 17.03 Damage to Vehicles Due to Negligence

1. The driver has the ultimate responsibility and authority to determine whether it is safe to proceed with vehicle movement both forward and/or in reverse. If the driver determines the

Page 20 / 37 area the vehicle is to be moved into is unsafe due to confined/congested/space restricted areas, even with an outside spotter deployed, the vehicle shall not proceed further.

2. In all circumstances, the co-driver will act as an outside spotter when backing a vehicle and/or transiting a confined/congested/space restricted area.

3. As outside spotter, the co-driver shall remain in full view of the driver at all times. If the driver loses sight of the co-driver, the vehicle will not be moved further until affirmed visual contact is regained. Affirmed visual contact shall be determined by both parties acknowledging contact with a mutual “thumbs-up” signal before vehicle movement may continue.

4. If an incident occurs that results in personal injury or damage to a vehicle where items 1), 2), and 3) were not adhered to, the incident shall be deemed negligence and the driver will be subject to the following discipline steps:

a) 1 st Incident: 3 day suspension

b) 2nd Incident: 5 day suspension

c) 3rd Incident: Termination.

ARTICLE 18

HOURS OF WORK / OVERTIME / TRAINING AND MILEAGE

Section 18.01

Overtime pay is to be paid at the rate of one and one-half (1½) times the base hourly rate for work performed in excess of forty (40) hours in a work week; for all hours worked in excess of fifteen (15) hours in one (1) workday, overtime will be paid at the rate of two (2) times the base rate. Hours paid for but not worked (e.g., holidays, sick days, vacation) do not count as hours worked for overtime purposes. A workday shall be defined as when the employee begins their shift and ends 24 hours later. The workweek shall begin at 0001 on Monday; should the

Company elect to change the payroll date, they will meet and bargain with the Union. Only hours actually worked shall be recognized in determining overtime eligibility. The Company shall have the right to hold over employees until relieved and/or to require an available employee to provide coverage of a detail assignment. It is agreed that employees will not be given time off in order to offset the payment of overtime; however, they may volunteer to leave early without payment.

Section 18.02

A. When a Detention/Transportation Officer (DTO), in the course of their duties reasonably expects their duty…