Attachment 7c - CBA-2019-12621_UGSOA 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-2019-12621 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 07/12/2019 State: Texas

Area: Frio

Employed on U.S. Immigration and Customs Enforcement contract for Detention Transportation Officers.

Collective Bargaining Agreement between contractor: Trailboss Enterprises Inc., and union: United Government Security Officers of America Local 870, 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).

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7/12/2019https://beta.sam.gov/wage-determination/cba/agreement/65222/document

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COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

TRAILBOSS ENTERPRISES INC.

AND

UNITED GOVERNMENT SECURITY

OFFICERS OF AMERICA

INTERNATIONAL UNION

(UGSOA)

LOCAL #870

1 June 2019 – 31 May 2022

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TABLE OF CONTENTS

(by Article Number)

Article Title Page

Agreement……………………………………………………………………………………….. 4

1 Recognition……………………………………………………………………………………… 4

2 Classifications…………………………………………………………………………………… 5

3 Fair Employment Practices……………………………………………………………………… 6

4 Union Membership and Dues Check-Off……………………………………………………….. 6

5 Union Representation……………………………………………………………………………. 7

6 Management Rights……………………………………………………………………………… 8

7 No Strike or Lockout…………………………………………………………………………….. 9

8 Seniority…………………………………………………………………………………………. 9

9 Uniforms/Equipment…………………………………………………………………………….. 11

10 Lay-Off and Recall………………………………………………………………………………. 13

11 Grievance Procedure…………………………………………………………………………….. 13

12 Arbitration Procedure……………………………………………………………………………. 14

13 Drug and Alcohol Policy………………………………………………………………………… 15

14 Government Requirements………………………………………………………………………. 16

15 Examinations…………………………………………………………………………………….. 16

16 Bulletin Boards…………………………………………………………………………………... 16

17 General Provisions………………………………………………………………………………. 17

18 Discipline………………………………………………………………………………………… 19

19 Hours of Work/Overtime/Training………………………………………………………………. 25

20 Schedule Bidding………………………………………………………………………………… 28

21 Wages…………………………………………………………………………………………….. 30

22 Health and Welfare………………………………………………………………………………. 30

23 Vacations…………………………………………………………………………………………. 31

24 Sick/Personal Leave……………………………………………………………………………… 33

25 Holidays………………………………………………………………………………………….. 34

26 Bereavement…………………………………………………………………………………….. 35

27 Leave of Absence……………………………………………………………………………….. 36

28 Administrative Leave…………………………………………………………………………… 38

29 Dues Check Off/Authorization….……………………………………………………………… 39

30 Safety…………………………………………………………………………………………… 40

31 Duration………………………………………………………………………………………… 40

App. A Pay and Allowance Chart………………………………………………………………………. 41

Signatures………………………………………………………………………………………. 42

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TABLE OF CONTENTS

(Alphabetical)

Article Title Page

28 Administrative Leave……………………………………………………………………………. 38

Agreement……………………………………………………………………………………….. 4

App. A Appendix A – Pay and Allowance Chart………………………………………………………... 41

12 Arbitration Procedure……………………………………………………………………………. 14

26 Bereavement…………………………………………………………………………………….. 35

16 Bulletin Boards………………………………………………………………………………….. 16

2 Classifications…………………………………………………………………………………… 5

18 Discipline………………………………………………………………………………………… 19

13 Drug and Alcohol Policy………………………………………………………………………… 15

29 Dues Check Off/Authorization…………………………………………………………………… 39

31 Duration…………………………………………………………………………………………... 40

15 Examinations……………………………………………………………………………………... 16

3 Fair Employment Practices………………………………………………………………………. 6

17 General Provisions……………………………………………………………………………….. 17

14 Government Requirements………………………………………………………………………. 16

11 Grievance Procedure……………………………………………………………………………… 13

22 Health and Welfare……………………………………………………………………………….. 30

25 Holidays…………………………………………………………………………………………… 34

19 Hours of Work/Overtime/Training………………………………………………………………... 25

10 Lay Off and Recall………………………………………………………………………………… 13

27 Leave of Absence…………………………………………………………………………………. 36

6 Management Rights……………………………………………………………………………….. 8

7 No Strike or Lockout……………………………………………………………………………… 9

1 Recognition………………………………………………………………………………………… 4

30 Safety………………………………………………………………………………………………. 40

20 Schedule Bidding…………………………………………………………………………………. 28

8 Seniority…………………………………………………………………………………………… 9

24 Sick/Personal Leave………………………………………………………………………………. 33

Signatures…………………………………………………………………………………………. 42

9 Uniforms/Equipment……………………………………………………………………………… 11

4 Union membership and Dues Check-Off…………………………………………………………. 6

5 Union Representation……………………………………………………………………………… 7

23 Vacations…………………………………………………………………………………………… 31

21 Wages………………………………………………………………………………………………. 30

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AGREEMENT

This Collective Bargaining Agreement entered into on 1 June 2019 by and between Trailboss Enterprises, Inc., (Trailboss) and any of its successors, hereinafter referred to as the Company, and the United Government Security Officers of America, International Union and its Local 870, hereinafter referred to as the Union.

Trailboss, Prime Contractor for the U.S. Immigration and Customs Enforcement (ICE) Detention Services Contract 70CDCR18D00000002 acknowledges its obligations under 29 CFR § 4.163 and Section 4(c) of the Service Contract Act as the Successor contractor under the Collective Bargaining Agreement (CBA) between the UNION and Predecessor contractor in relation to the economic portions of the CBA. Furthermore, such other conditions as contained in this CBA as bilaterally agreed to, will be binding on both parties for the duration of the Agreement.

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 or other conditions of employment for all bargaining unit employees employed at the Pearsall HUB in Pearsall, Texas, NLRB Certification #16-RC-097743. The bargaining unit is defined as all part time and full time Detention/Transportation Officers, employed by the Company at the Pearsall HUB, Pearsall, Texas. This agreement shall be binding on all parties and their successors and assigns.

In the event of 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 agency for all Detention/Transportation Officers providing 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; 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 adjust grievances or complaints on any of these matters in the manner provided for in the Agreement.

Section 1.03 The Company will notify the Local Union President or Vice President of any new-hire training class (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 and where new-hire employees may ask questions of the Union. The Company will provide a 30-minute slot during new-hire orientation for an unpaid union official to conduct this meeting. As new-hire orientation is sometimes conducted at different sites to maximize the use of company time, when the new-hires return to the local site, this meeting will be scheduled before they are released for duty. New-hire employees will not be required to attend this meeting.

Section 1.04 The parties acknowledge this CBA was entered into to continue the economic portions of the former collective bargaining agreement, with agreed upon minor changes made herein specifically as a result of the different business operating characteristics between the predecessor contractor and Trailboss as successor contractor.

Each change to the existing collective bargaining agreement and subsequent bridge agreement was presented for clear discussion as to rationale, effect and purpose. All rights, privileges and authority regarding subjects of bargaining not expressly addressed in this CBA are reserved to the management of the Company. If requested by the union, the Company will meet with the union to discuss any changes.

It is understood that Policies and Procedures dictated by the Client, a copy of which would be provided to the union by the Company, must be implemented when ordered; however, the Union retains the right to bargain

Page | 5 with the Company regarding such changes insofar as they apply to the National Labor Relations Act.

ARTICLE 2

CLASSIFICATIONS

Section 2.01 Employees within the Bargaining Unit are classified as full time or part time Detention/Transportation Officers, hereafter referred to as “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 36 hours or more per week. The number of full-time employee slots is determined by the Company based on various post coverage requirements incident to performance of the ICE contract.

Section 2.03 Part-time employees are those employees who are classified as such on the Seniority List. The number of Part-time employee slots is determined by the Company; however, previously classified full-time employees will not be forced to accept part-time classification, unless overall hours have been reduced by the government or company.

Section 2.04 Employees covered by this Agreement shall not be required to deliver office supplies, furniture, or equipment that does not pertain to normally assigned duties.

Section 2.05 Employees covered by this agreement shall not normally be required to perform major janitorial services, such as dumping of waste; however, they shall be required to clean the interior of transportation vehicles per company policies and guidelines. The company will have a janitor/cleaner on shift to accomplish the major cleaning of the vehicles to include dumping of waste; Officers will be required to move the vehicles to facilitate cleaning and refueling as needed. When the scheduled janitor/cleaner for any specific shift is not on duty due to regularly scheduled employee off-time or a consequential call-off, the Officers will be expected to complete all required tasks as an exception to the normal vehicle cleaning as agreed upon herein. There shall be no prohibition against any Officer covered by this agreement volunteering to do these duties. The Company will provide a Standard Operating Procedure (SOP) regarding vehicle cleaning standards / requirements and will provide all cleaning materials/supplies, and personal protective equipment as necessary.

In the event of a natural disaster or state of emergency, officers may be asked to volunteer for recovery work and will be paid at the base contract rate plus benefits for such work, as if the work performed was the same as their transportation duties.

Section 2.06 No Officer is considered part of management for the purposes of suspension of Contract Seniority. Job Classification Seniority may only be altered under the expressed conditions in Section 2.07.

Section 2.07 If an employee leaves the Collective Bargaining Unit (CBU) for another position on the underlying ICE contract with the employer and subsequently returns to the CBU within 120 days, the employee shall retain his/her original Job Classification Seniority within the CBU. After 120 days, the employee’s Job Classification Seniority date shall be the date he/she returned to the CBU. In instances where an employee of the underlying ICE contract is moved from one site to another and becomes part of the CBU covered by this CBA, his/her Job Classification Seniority date shall be the date he/she entered the CBU. In all cases, where an employee does not

Page | 6 have a break in employment on the underlying contract, Contract Seniority shall not be affected.”

Section 2.08 Officers may be assigned to hospital and other “escort” duties as operations require or detailed to stationary posts at ICE office transport points as determined by ICE, the Program Manager/Alternate, or Transport Coordinator.

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 non-job-related handicap.

Section 3.02 The parties agree that this document uses terms that are gender specific (i.e., “he” or “her”), however, the applications and use of such terms are not intended to discriminate or exclude any individual covered by this Agreement but is 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

UNION MEMBERSHIP AND DUES CHECK OFF

Section 4.01 This article recognizes that Texas is a “Right to Work State” and that initial and continuing Union membership is voluntary. If Texas law should change during the period of this agreement, then the company agrees to reopen this article. Currently, if an Officer volunteers for Union Membership the following applies:

Upon presentation of a signed Authorization for Check-Off of Dues to the Company, initiation fees and union dues shall be remitted to the financial officer of the local by the Company. Upon receipt of a signed written request to cancel the Authorization for Check-Off of Dues, the Company will stop the deductions.

Section 4.02 The Union agrees to accept as a member upon application and without discrimination any new employee who may volunteer for membership. The Union agrees to represent any non-Union member of the bargaining unit in any grievance/arbitration procedure, provided the employee agrees to such representation and agrees to pay the Union a service fee.

Section 4.03 The Check-Off Authorization Card to be executed and furnished to the company by the union and the employee shall be the official union Authorization for Check-Off of Dues, a copy of which shall be attached and made part of this agreement is mutually agreed by the parties. The Authorization for Check-Off of Dues shall be submitted to the Company to the attention of the Human Resources Department.

A. All sums collected in accordance with such signed authorization cards shall be remitted to the Union Financial Officer of UGSOA Local 870 not later than fifteen (15) days after the end of the month in which deductions were made. Deductions shall be made bi-weekly. The deduction shall be calculated by multiplying the number of two (2) hours of pay as set by the Union as monthly dues times 12 months divided by 26 pay days.

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B. The company shall furnish, with the monthly checks, a list of all employees for whom deductions have been made

Section 4.04 The Union accepts full responsibility for the authenticity for each check-off card submitted by it to the company, and any authorizations which are incomplete or in error shall be disregarded by the Company and shall be returned to the Union for correction. The Union agrees that, upon receipt of proper proof, it will refund any deduction erroneously or illegally withheld from an employee’s earnings by the Company which has been transmitted to the Union by the Company. The Union further agrees to indemnify the Company and hold it harmless against any and all claims, suits or other forms of liability which may be made against them by any party for amounts deducted from wages as herein provided.

Section 4.05 No deductions of union dues will be made from the wages of any employee, who has not executed a check-off form or who is not in pay status. Upon returning to work, deductions will be resumed, provided it is in accordance with the other appropriate provisions of this Agreement and of the National Labor Relations Act, as amended.

Collection of any back dues owed at the time of starting deductions for any employee, and collection of dues missed because the employee’s earnings were not sufficient to cover payment of dues for a particular pay period, will be the responsibility of the union, and will not be the subject of payroll deductions.

Deduction of membership dues shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee, or required by law, have been satisfied. In the event of termination of employment, the obligation of the company to collect dues shall not extend beyond the pay period in which the employee’s last day of work occurs.

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 elected official of the Union. Non-Union employees will be represented upon request and payment of a service fee determined by the Union.

Section 5.02 The Steward and/or Elected Union Official is employed to perform full-time work on the post to which each 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 post, the employee will be compensated for time spent while representing employees by the Company.

Section 5.03 Upon proper authorization from management the Steward or Elected Official when leaving their post to perform the duties set forth, shall notify their supervisor that he is leaving his assigned area and the reason for such leaving. When finished with the duties as described in Section 4.01, they shall immediately notify their supervisor and return to work.

Section 5.04 Upon request, the Company agrees to furnish statements, written material, or allegations relating to the discipline and/or investigation of an employee to a designated Union Representative for review. However, if the document or statement was obtained upon the condition of confidentiality, the name of the individual

Page | 8 submitting the statement will be redacted from all copies except the original, which will be provided to a designated Union Official. These documents shall be furnished without charge to the Union. However, information requests shall be reasonable and relevant in nature to the case being considered, as determined by the Company and the Union.

Section 5.05 Either the Company or the Union may request a meeting to discuss any matters, exclusive of 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 5.06 The Local Union will furnish an updated list of all Union Officials as changes occur.

Section 5.07 The employer will allow up to two (2) representatives elected by the Local union to attend as delegates to conferences and/or other union related business; up to three (3) will be allowed to attend labor negotiations as long as reasonable notice is given by the Union President or designee and operations permit. Employees will not be compensated by the employer for this time.

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 for any other reason provided such rights and policies are not in conflict with a provision of this Agreement and do not abridge the rights and benefits of employees as conferred by the 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 out; to establish day and night shifts, to set the hours of work and the number of employees for such shifts, and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operations of its business.

Section 6.02 The above paragraphs are recognized as the rights and functions of Management by the Union, but the Company agrees that the exercise of the Management functions will be in accordance with the terms and conditions of this Agreement.

Section 6.03 The Union agrees that all employees must read and sign the acknowledgement for the Employee Handbook (including updated versions later made) that acknowledges their awareness of its content within 3 days of its presentation to them. The Union further recognizes the validity of the Client and Company’s “Code of Conduct” and “Removal from Duty Acknowledgement” as containing “just cause” reasons for discipline, including termination.

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Section 6.04 Officers may be part of a bargaining unit represented by a union. In cases where the provisions of the Company handbook conflict with the provisions of the collective bargaining agreement, the terms of the collective bargaining agreement shall prevail.

Section 6.05 The employer agrees to provide the union with a copy of any new policies in writing seven (7) days in advance when new changes arise. If the policy change modifies the conditions of employment, it will be subject to bargaining. 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 the Agreement, the Union agrees that it will not engage in any strike, work stoppage, slowdown, sit down, sick-out, sympathy strike or any other work interruption or interference with or against the Company, directly or indirectly, 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 the Agreement that it will take immediate steps to end any work stoppages, strikes, intentional slowdown, sick-out, or suspension of work, and shall notify its members of such violation of this Agreement and shall instruct its membership to return to work immediately. The Union agrees that it will not assist employees participating in such work stoppages, strikes, intentional slowdowns, etc.

Once warned by the Company, an employee who continues such action could receive discipline up to and including termination.

Section 7.04 The Union agrees to notify the Company of any planned non-work interrupting demonstrations or contacting the media prior to their occurrence.

ARTICLE 8

SENIORITY

Section 8.01 Contract 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 on this contract. Contract seniority shall be used in determining the applicable vacation accrual rate. An employee’s Contract Seniority date carries forward into this and successor contracts.

Job Classification Seniority shall be defined as the length of continuous service from the employee’s date of entry into the CBU and is not cumulative from other positions held outside the CBU. Section 8.02 An employee shall be regarded as a probationary employee for the first ninety (90) days of employment beginning with the date of hire (which is the first day of training). During this period, the employee will be considered a Probationary Employee during which they 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 violation of Article 6 or any federal, state or local statute, regulation or ordinance shall be subject to the Grievance and Arbitration provisions herein as the exclusive means of redress. There shall be no responsibility

Page | 10 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 A probationary employee who has resigned, been laid off or discharged, and who is later re-hired will begin a new probationary period upon his first day worked following such rehire.

Section 8.04 After any employee has completed 90 days of employment (as defined in 8.02), their name shall be placed on the Seniority List in accordance with their date of hire.

Section 8.05 The tie breaker for Job Classification Seniority purposes is the EOD Clearance date; if both dates are the same then last four of SSN with the lower as the controlling will be used.

Section 8.06 A Seniority List will be furnished quarterly to the Union.

Section 8.07 An employee shall lose both Contract Seniority and Job Classification 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 (1) year of seniority with the Company at the time they were placed in layoff.

D. An Employee is laid off for a period exceeding one (12) year E. An employee fails to report to work within seven (7) days after written notice of recall following a layoff or after expiration of an authorized leave of absence. The Company agrees to mail a notice of recall to an employee who has been laid off with a “return receipt”. The return receipt will establish the beginning day of the seven (7) day period. If a return receipt is not returned to the company within seven days after mailing, the seven (7) day period will expire on the tenth (10th) day following mailing of the notice.

F. An employee retires.

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

H. Employee fails to report to work for two (2) consecutively scheduled days without notifying the

Company, (except in case of circumstances beyond their control with valid documentation) shall be considered a voluntary resignation;

I. Employee is absent from work due to a non-occupational injury for six (6) months;

J. Employee is absent from work due to occupational injury for twelve (12) months.

Section 8.08 In the event it is determined that there will be a reduction in the work force, employees serving their probationary period at the time of the implementation of the reduction, (probationary employees) shall be laid off before employees with seniority.

Section 8.09 Seniority shall be applied as specified by the terms and conditions of the Agreement.

Section 8.10 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, although seniority shall accumulate and apply for purposed of shifts and shift bidding, but not for the

Page | 11 accumulation of benefits.

Section 8.11 The employer agrees to return employees to work who were off work on workman’s compensation provided all the following exist:

• A U.S. Licensed Physician has issued a full release to return to work without restrictions

• The employee passes a fitness for duty medical exam administered by a competent physician

• The employee meets all contractual requirements set forth in the ICE contract including but not limited to:

o Training and firearms qualifications (if any was missed) o DOT Medical Certificate is valid/unexpired o Government Firearms permit is valid/unexpired o Re-establish suitability determination through the Government

Any delays in returning to work due to above requirements are not compensable by the company, nor are they grounds for grievance. Such delays may include, but not be limited to, delays in the government processing suitability determination, delays in completion of physicals; delays due to training completion. Note: While the training time is compensable, the time between the employee’s return to work and the next available training class is not compensable.

Section 8.12 It is understood that employees shall have preference of assignments to shifts/slots and days off by bidding for their shift/slot. Job Classification Seniority shall determine the order of preference for shift assignment. An employee may file with the Company a written request for a change of shift/slot or days off. 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 they shall be maintained by the Company and when the Company determines that an opening exists, the Company will fill the opening with the most senior qualified employee that has requested the slot.

Section 8.13 Employees who are hired by the company will utilize their Job Classification Seniority Date as defined in 8.01 to determine seniority preferences.

ARTICLE 9

UNIFORMS/EQUIPMENT

Section 9.01 Upon termination of employment, all company issued uniforms and equipment shall be returned to the Company within 3 business days. Returned clothing shall be cleaned and returned as it was given to the employee at the time of entering into the Contract (normal wear and tear expected). The cost of any missing items and/or the cost of cleaning shall be the actual cost to the Employer and shall be deducted from the employee’s final payroll check.

Section 9.02 The Company must provide five (5) sets of serviceable uniforms to full-time employees and three (3) sets to part-time employees. The Company will provide replacement uniform items whenever uniform items are deemed unserviceable. Additionally, the company will reimburse the employee’s cost associated with patch replacement due to any patch/emblem changes.

Section 9.03 The Company will initially provide each employee with the following items. The Company will replace the

Page | 12 following items in the event of normal wear or accidental destruction of the time if destruction occurs in the line of duty. Employees will be responsible for their own routine uniform maintenance including but not limited to cleaning, replacement of buttons, hemming, minor sewing/repair work, etc.

ITEM QUANTITY

Shirts 5 Trousers, BDU Style 5 Duty Boots 1 Duty Belt 1 Belt Keepers, set of 4 1 Holster 1 Magazines 1 Magazine Holder, Double 1 Body Armor; “Outer Carrier” Style Vest 1 Expandable Police Baton/Holder 1 OC Spray/Holder 1 Trouser Belt 1 Cap, Ball and Watch: Replace as necessary. 1 Cold Weather Jacket (Bomber style) Three-in One* 1 Raincoat* 1 CPR Mask/Gloves set 1 Whistle w/snap attachment 1 Radio Holder (if issued a radio, holder provided with) 1 Key Holder 1 Mini-Maglite Flashlight/flashlight holder and batteries 1 Search gloves (pair) 1 Handcuff Case 1 Handcuffs 1

Section 9.04 Employees are required to sign acknowledgment of receipt documents for each item of clothing/equipment issued permanently to the employee. These documents will specifically state the conditions under which the items are issued including, but not limited to, care of the article, replacement procedures, cost of replacement by the employee if lost, and whether the article must be turned in upon termination or resignation. Signatures on these forms are not “optional” nor are refusal of equipment or clothing items. Loss of these articles, other than to normal “wear and tear: shall be chargeable to the employee via payroll deduction, in increments if necessary.

Section 9.05 In the event it is determined that an employee’s uniform (including boots) need to be replaced due to employee negligence, it is understood by the parties that the employee will assume the financial responsibility of replacing the uniforms/boots.

Section 9.06 Uniform Standards Uniforms will be kept cleaned, pressed, and serviceable as a responsibility of the employee.

The Company reserves the right to inspect uniforms and/or equipment. The Company will inspect the ballistic vest on an annual basis to ensure they are serviceable.

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ARTICLE 10

LAYOFF AND RECALL

Section 10.01 In the event of a lay-off, probationary employees shall be laid off first without regard to their individual periods of employment. Probationary employees shall not accrue seniority while on lay-off and shall have no recall rights.

Section 10.02 Non-probationary employees shall be the next to be laid off on the basis of Job Classification Seniority date.

Section 10.03 When a vacancy arises, the employer shall recall employees in accordance with Job Classification Seniority date.

Section 10.04 An employee shall continue to retain recall rights for a one (1) year period or length of employment, whichever is less, commencing from the date of the lay-off, provided the employee keeps the company informed of his recall address, a recall notice “returned to sender” will result in forfeiture of recall rights, if the return is the result of the employee’s failure to keep the company apprised of his address.

Section 10.05 When operational requirements dictate site specific lay-offs, Officers laid off at Pearsall will have seniority preference for return at the Pearsall site using Job Classification Seniority. Likewise, as the other ICE contract worksites may have site specific lay-offs, each Officer laid off has return to work preferences at the site laid off from, first by Job Classification Seniority and then Contract Seniority, in that order.

ARTICLE 11

GRIEVANCE PROCEDURE

Section 11.01 For the purpose of this Agreement the word “grievance” means any dispute between the Company and the Union, or between the Company and any bargaining unit employee as to the meaning, applications, or interpretation of the terms of the Agreement. Probationary employees shall not have any rights under the grievance procedure.

Section 11.02 In order to be processed, all grievances must be presented at the first step within ten (10) calendar days after the date of the occurrence giving rise to the grievance or within ten (10) Business days after the employee knew or should have known. In the case of discharge, suspension or lay off the grievance shall be commenced at Step 2 of this procedure; and the written grievance shall be presented to the Company’s Program manager or designee within ten (10) business days after the date of the occurrence giving rise to the grievance.

Section 11.03 Step 1.

The employee shall meet with his supervisor or designee to discuss the grievance. If the grievance is not resolved within five (5) business days of the meeting the grievance maybe processed to Step 2.

Step 2.

If the grievance is not resolved in Step 1, not later than ten (10) business days after Step 1, the grievance shall be reduced to writing setting forth the facts and specifying the Article and section/paragraph allegedly violated.

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Grievances must be signed by the grieving party and/or by the Union Steward or designated individual. The Steward shall submit the written grievance to the Company’s Program manager or designee. A meeting shall be arranged within five (5) business days of the manager’s receipt of the written grievance. The meeting shall be attended by the grievant, the Union Steward and the manager or designee. The Program manager shall give a written response to the grievance within five (5) business days after the Step 2 meeting, unless otherwise extended by Company and Union agreement.

Step 3.

If the grievance is not resolved in step 2, the grievance shall, not later than five (5) business days after the denial of the grievance by the Program Manager or designee, be submitted by the Union Local President or designee to the Company’s Human Resources Director (HRD) or designee. A meeting shall be arranged within seven (7) business days of the HRD’s or designee’s receipt of the grievance. The meeting (which may be held by teleconference) shall be attended by the grievant, Steward, Local Union President or his designee, the Program Manager or designee, and the HRD or designee as well as other employer representatives as may be needed.

The HRD or designee shall give the Union Local President of designee, a written response within ten (10) business days following the date of the meeting.

Section 11.04 If the grievance is not resolved in Step 3, it will be reviewed by the UGSOA International Union Director or designee and the Company’s senior Labor Representative, or designee within fifteen (15) business days of the denial by the Company’s HRD or designee. This conference will be held by telephonic means.

Section 11.05 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 entitle the Union to proceed to the next step of the grievance procedure. In any particular case, any time specification may be extended by mutual agreement between the Company and the Union in writing.

Section 11.06 Stewards and/or elected officials will be permitted to participate in the grievance procedure as specified above during the employees scheduled workday, if requested by the employee.

ARTICLE 12

ARBITRATION PROCEDURE

Section 12.01 Grievances which have been processed in accordance with the requirements of Article 11, Grievance Procedure, and which remain unsettled may be processed to arbitration in accordance with the following procedures and limitations.

Section 12.02 The Union, within twenty (20) calendar days after the rejection of the Grievance by the employer’s Senior Labor Representative or designee, will in writing notify the Company’s Senior Labor Representative or designee of its intent to invoke arbitration; and the Company and the 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 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 Employer. This request will be made within five (5) calendar days after the failure of the parties to agree upon an arbitrator. An arbitrator will be selected from the list supplied by the Federal Mediation and Conciliation Service by the parties striking from

Page | 15 the list until one name remains, and this individual will be the arbitrator to hear the case.

Section 12.03 The arbitrator may examine the witness or witnesses of each party. Each party’s representative shall have the right to cross-examine the witness or witnesses of the other party.

Section 12.04 The arbitrator shall be submitted, in writing, and shall be final and binding on all parties to the Agreement.

Unless written authority is given, the decision shall be made within thirty (30) days following the close of the hearing. Each party shall bear the expense of preparing and presenting its own case. The cost and all expenses of the arbitrator shall be borne equally by the parties.

Section 12.05 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, or detract from, or alter the provisions of this Contract, nor substitute his judgment for that of management.

Section 12.06 Any arbitration notice shall be considered null and void of notified and processed by the Union in strict accordance with the procedure and time limitations set forth above. In any case, any time limit specification may be extended by mutual agreement between the employed and the union, in writing.

ARTICLE 13

DRUG AND ALCOHOL POLICY

Section 13.01 The employer will, from time to time, a.) Randomly test any bargaining unit employee, b.) Test any bargaining unit employee based upon the Government’s or the Company’s reasonable suspicion, c.) Test any employee involved in any discharge of his weapon (except the gun range), any accident or any workplace injury, d.) Test any employee as part of their government required physical examination, or e.) Test any bargaining unit employee as allowed under any applicable federal, state or local law for the use of illegal drugs. Such 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, if any. There shall be no discrimination against bargaining unit employees and such testing will be conducted by the Company under a program and procedures of uniform applicability to all the bargaining unit employees.

Section 13.02 The Union and the Employer agree that there shall be a zero-tolerance policy for illegal drug use. If the initial results of a drug test are positive for illegal drugs, the Employee will be terminated. Inconclusive results shall result in an immediate re-test upon receipt of the initial results. If the employee fails to submit a second sample as directed, this action could result in immediate termination at the discretion of the company.

Section 13.03 The Union and the Company agree to abide by the Company’s substance abuse policy.

Section 13.04 If the bargaining unit employee is called in to work to take a required random drug test, the employee will be on the clock and paid at the base hourly rate plus benefits and allowances from the time of arrival until the test is completed, if the employee is not otherwise on duty. If on duty, the employee is paid at the base hourly rate plus benefit and allowances. No time spent by the employee in connection with said random drug test shall be

Page | 16 included for the purpose of determining overtime or calculating overtime pay.

If a drug test is positive for prohibited substances, a re-test will be at the expense of the employee. If a drug test is inconclusive for any reason, the re-test is compensable as outlined above, and the test is paid by the company.

Any delay between the initial test and any retest is not compensable.

ARTICLE 14

GOVERNMENT REQUIREMENTS

Section 14.01 The parties recognize that they are providing a service to the United States Government. Therefore, the administration of the terms of this Agreement is subject to the wishes of the Government. The client may supersede any understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other Government directive not mentioned herein.

Section 14.02 Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures, (e.g., security clearances, medical examinations, weapons proficiency testing, training, uniforms/appearance standards, staffing determinations, assignments, work rules, and drug testing), or with the requirements of the Service Contract Act, the Company will be permitted to adhere to those requirements without recourse from the Union or any employee against the Company. However, it is agreed that the Company and the Union will meet and bargain over the impacts and effects of any such change.

Section 14.03 The Employer agrees to provide the Union with a copy of such Government Directives upon request and if available after requested by the Company.

Section 14.04 The Company may compel employees to give voluntary or involuntary 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 to have withheld information pertinent to an investigation, that employee may be subject to disciplinary action up to and including termination.

ARTICLE 15

EXAMINATIONS

Section 15.01 At any time 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 hours.

ARTICLE 16

BULLETIN BOARD

Section 16.01 A space for a Union provided bulletin board shall be provided by the Company. This bulletin board shall be used, maintained, and controlled by the Union.

Section 16.02 All postings are subject to Management’s review.

Page | 17

ARTICLE 17

GENERAL PROVISIONS

Section 17.01 If any provision of the Agreement or any application of this Agreement to an employee or group of employees shall be determined to be contrary to law, then such provision or application shall not be deemed valid, but all other provisions or applications shall continue in full force and effect.

Section 17.02 Employees are required as a condition of employment or continued employment to possess certain security clearances, suitability, licenses and/or certifications, (including weapons’ certifications).

Section 17.03 Employees entering service with the Company agree that the Company will perform personal background checks, employment eligibility verification, driver’s license checks, and verification of employee provided previous employment and personal references. Submission of information, determined to be false, relative to background date, qualifications, experience and 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.

If after the granting of an initial Entry on Duty Employment Suitability clearance, the government later withdraws the clearance for any reason, the employee shall be subject to immediate removal from the contract and discharged for cause, without recourse to the grievance process. If, for some reason, the employee later regains their clearance, the company is not responsible for any compensation for lost time.

Section 17.04 The employer and the union shall keep each other advised, in writing, of the names, email addresses and phone numbers of their authorized representatives.

Section 17.05 Each employee is at all times responsible for having a correct address and telephone number on file with the employer. All written notices shall be deemed to be properly filed if sent to the employee’s last address on file.

Section 17.06 The employer agrees to provide the local union with a list of new hires and terminations. This list will include the employee’s name, address and phone number.

Section 17.07 Pronouns of either gender in this Agreement are equally applicable to the masculine and feminine gender.

Section 17.08 Firearms Qualifications. If called in on an off day, employees will be paid a minimum of four hours at the contract base rate of pay plus H&W benefits for each scheduled firearms qualification, or if qualifying as part of their shift time, all time for pay purposes. The Company will provide 100 rounds of ammunition for each qualification. Qualification shall consist of two shoots; the first shoot is a “practice” shoot, unless the employee qualifies, at which point it will become the “official” shoot. If the employee does not qualify during the practice shoot, the employee will then attempt an “official” shoot. If the employee fails the “official” shoot, the officer will be removed from the schedule, allowed to practice on his/her own time and expense for ammunition, and rescheduled for a second “official:” shoot within 5 calendar days. This second attempt at qualification shall also consist of a practice round and an “official” shoot and be conducted in the same manner as the first attempt. The Company will not be responsible for reimbursing the officer for any lost wages or benefits during the interim between the original qualification attempt and the second qualification attempt, nor

Page | 18 will the employee be paid wages or benefits for the second qualification attempt. The employee must also provide the ammunition for the second attempt. If the employee subsequently fails the second qualification attempt, the employee will be terminated for “just cause”; i.e., failure to maintain qualifications for employment.

Firearms Requalification.

Recertification scheduling and qualification shooting shall occur at the earliest opportunity ahead of an…