Attachment 8 - CBA 2020 - DPC FCGOA - PFPA Supervisor.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

DIVERSIFIED PROTECTION CORPORATION

AT

THE PENTAGON

PFPA Facilities

FOR

Sergeants, Lieutenants, First Lieutenants, and Captains

EFFECTIVE DATE: November 1, 2020

TERMINATION DATE: November 30, 2023

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AGREEMENT BETWEEN

FEDERAL CONTRACT GUARDS OF AMERICA

And

DIVERSIFIED PROTECTION CORPORATION

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

ARTICLE 1 GENERAL PROVISIONS

ARTICLE 2 SENIORITY

ARTICLE 3 JOB OPPORTUNITIES

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 GRIEVANCE PROCEDURE

ARTICLE 6 DISCIPLINE

ARTICLE 7 HOURS OF WORK AND OVERTIME

ARTICLE 8 WAGES

ARTICLE 9 HOLIDAYS

ARTICLE 10 VACATIONS

ARTICLE 11 LEAVE OF ABSENCE

ARTICLE 12 HEALTH & WELFARE AND RETIREMENT

ARTICLE 13 UNIFORM MAINTENANCE & SHOE ALLOWANCE

ARTICLE 14 MISCELLANEOUS PROVISIONS

ARTICLE 15 TRAINING

ARTICLE 16 LABOR MANAGEMENT SAFETY COMMITTEE

ARTICLE 17 CONTINUITY OF OPERATIONS

ARTICLE 18 SEPARABILITY OF CONTRACT

ARTICLE 19 SERVICE CONTRACT PROCEDURES & OBLIGATIONS

ARTICLE 20 ENTIRE AGREEMENT

ARTICLE 21 SUCCESSORS AND ASSIGNS

ARTICLE 22 DURATION

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PREAMBLE

THIS AGREEMENT is made and entered into on August 12, 2020, to become effective November 1, 2020, by and between the FEDERAL CONTRACT GUARDS OF

AMERICA (the “Union” or “FCGOA”) and DIVERSIFIED PROTECTION

CORPORATION and/or its subcontractors or assigns and its successors (the “Employer” or

“Company”).

ARTICLE 1

GENERAL PROVISIONS

SECTION 1.1 RECOGNITION - BARGAINING UNIT

A. The Employer hereby recognizes the Union as the sole and exclusive bargaining agent for the purpose of collective bargaining as outlined in this Agreement, with respect to rates of pay, wages, hours, and any other conditions of employment for all positions as

Sergeants, Lieutenants, First Lieutenants, and Captains (collectively “employees”), assigned to the Pentagon PFPA Contract in the following sites: Mark Center: 4800 Mark

Center drive Alexandria, VA; One Liberty Center: 875 North Randolph St., Arlington, VA; Rosslyn: 1500 Wilson Boulevard, Arlington, VA; Defense Advanced Research and

Projects Agency (DARPA): 675 North Randolph St., Arlington, VA; Defense

Headquarters (DHHQ): 7700 Arlington Boulevard, Falls Church, VA; Parkridge II:

10803 Parkridge Boulevard, Reston, VA; Tech Road: 11800 Tech Rd, Suite 220, Silver

Spring, MD; National Center II/Polk Building: 2521 South Clark St, Arlington, VA;

National Center III/Taylor Building: Crystal Drive, Arlington, VA; Suffolk Building:

5611 Columbia Pike, Falls Church, VA; NRO Chantilly with the Government, pursuant to the Employer’s contract(s) with the Government for security, excluding all managers, supervisors as defined by the NLRA, office and/or clerical employees, and all other categories of employees.

B. The term “employee” when used in this Agreement shall refer to the employees in the bargaining unit as described in this Article.

SECTION 1.2 STEWARD SYSTEM

A. The Employer agrees to recognize a steward system. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved by his/her

Supervisor to attend to all the business of the Grievance Procedure as outlined in Article

5 of this Agreement. At the employee’s request, the Employer will call for a steward prior to any disciplinary action taken, whether it is written or verbal. The Employer recognizes the right of the Union to investigate grievances and interview employees before and/or after work time and/or during breaks. If the Employer takes disciplinary action during work time, a steward, or another Union representative, will be given time to be present for the disciplinary procedures if the employee requests. The supervisor, at the request of the employee, will release the steward only when properly relieved. The

Employer will not be responsible for paying the steward for time spent investigating or

4 / 27 handling grievances in this regard. The Union will inform the Employer of any stewards assigned to the Pentagon PFPA sites.

B. The Union is responsible for providing written notification to the Employer’s Site

Management, and the Employer’s Corporate Representative, as to the individuals officially designated to act as representatives of the Union within ten calendar days of their appointment. An employee shall not be permitted to engage in Union duties until the

Employer receives notification.

C. If an employee, who is the subject of investigation that could result in discipline, requests a steward to be present during the disciplinary process, the Employer will allow the steward to be present.

SECTION 1.3 UNION ACCESS TO COMPANY

A. The Government and the Employer have the right to enforce access rules and regulations as promulgated by each facility.

B. The Union President and/or the Representative and/or their designee shall be permitted access at a mutually agreeable time, upon prior notification, to the employer. This is subject to the Government security restrictions in effect and for the sole purpose of considering matters covered by this Agreement.

SECTION 1.4 UNION SECURITY / NON-RIGHT-TO-WORK STATE

A. An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten (10) days after the thirtieth (30 th

) day following the effective date of this

Agreement or within ten (10) days after the thirtieth (30 th

) day following employment, whichever is later. Also as a condition of continued employment, an employee shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, for the duration of this Agreement. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court NLRB v. General Motors

Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487

U.S. 735 (1988). In the event the Union requests the discharge of an employee for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks after the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the employee, and the

Employer will not be required to discharge that employee.

B. The Union will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and financial core fees. The Union also agrees to promptly notify the

Employer in writing of any changes to these amounts. Union authorization cards must be

5 / 27 submitted prior to the fifteenth (15 th

) of the month preceding the date that deductions are to be made.

SECTION 1.5 RIGHT TO WORK LOCATIONS

The Company agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. Upon the anniversary date of an employee’s membership into the Union, the member may revoke such authorization upon serving the Union and the Employer with written notice. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues.

SECTION 1.6 HOLD HARMLESS

The Union agrees to indemnify and hold the Employer harmless against any claim, suits, judgments, or liabilities of any sort whatsoever arising out of the Employer’s compliance with the provisions of this Article.

SECTION 1.7 DUES PAYMENT

A. The Employer will remit all dues that are authorized deductions to the financial

Secretary/Treasurer of the Union on the fifteenth (15 th

) of the following month the deductions were made. The Employer shall furnish the Union with a deduction list, setting forth the name and amount of dues and initiation fees. The Union agrees to hold the Employer harmless from any action or actions growing out of these deductions commenced by an employee against the Employer; and to assume full responsibility for the disposition of the funds so deducted once they are paid over to the Union. Errors made by the Employer in the deduction or remittance of moneys shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Employer’s attention.

B. The Check-off Authorization Card to be executed and furnished to the Employer by the

Union and the Employees shall be the official Union Authorization for Check-off Dues.

The Employer shall accept no other form unless the parties mutually agree to the substitution.

SECTION 1.8 ANTI-DISCRIMINATION

The Union and the Employer agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient operation. The Union and the Employer agree that they will use their best efforts to cause the Bargaining Unit employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Employer, and that neither their representatives nor their members will intimidate, coerce or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union. Neither the Employer nor the Union will discriminate against any employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, or disability. The Employer and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Employer and Union philosophy, and

6 / 27 the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

SECTION 1.9 FULL AND PART-TIME DEFINED

A full-time employee is defined as one who routinely works 32 hours or more in a one-week period. A part-time employee is defined as one who routinely works less than 32 hours in a one-week period.

ARTICLE 2

SENIORITY

SECTION 2.1 SENIORITY DEFINED

A. Unit Seniority shall be the length of continuous service dating from the employee’s original date of hire or rehire at the Pentagon PFPA site(s) as a Sergeant, Lieutenant, First

Lieutenant, or Captain for the Employer or any predecessor Employer within the respective classification.

B. Unit Seniority shall only accrue while the employee is actively employed at the Pentagon

PFPA site(s) and has successfully completed his/her probationary period.

C. Seniority shall apply for issues such as job openings, shift bidding, scheduling, vacations, and overtime. Shift vacancies shall be filled by seniority from amongst those qualified applicants within the respective classification. Seniority may be used in applying other aspects of this Agreement, as agreed to by the parties.

D. In the event two or more employees have a common seniority date, the order of seniority shall be decided based upon the last four digits of the employees’ social security number, with the advantage going to the employee with the higher number.

E. Benefit seniority shall be based upon employment hire date for the current or previous

Employer regardless of classification.

F. Site seniority shall be used for all scheduling matters.

SECTION 2.2 SENIORITY LISTS

One seniority list shall be maintained per classification with all sites included. Seniority Lists shall be furnished by the Employer to the proper Union officials within a reasonable time, upon written request by the Union. The Union President or the President’s designated representative must make the request for these lists to the Employer in writing. An employee’s standing on the

Seniority List will be final unless protested in writing to the Program Manager, no later than thirty (30) calendar days after the list has been received. This list should list the employees’ name, contact information, and date of hire at a minimum, without request from the union an accurate seniority list shall be posted at each covered location each quarter.

SECTION 2.3 PERSONAL DATA

Employees are required to notify the Employer in writing, on the Employer-provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Employer shall be entitled to rely upon the last known address in the

Employer’s official records.

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SECTION 2.4 TRANSFER OUT OF UNIT

Any Bargaining Unit employee who is promoted to a non-bargaining unit position for more than one-hundred and twenty (120) days shall lose his/her unit seniority within the respective classification. If he/she is returned by the Employer to a bargaining unit position, provided such a position is available, after said one-hundred and twenty (120) days, his/her unit seniority will start on that return date. It is understood that such employee will not be allowed to bump another employee already on the seniority list. This length of time may be extended by mutual agreement between the Company and the Union. Bargaining unit employees will retain benefit seniority regardless of time worked outside of the bargaining unit.

SECTION 2.5 BREAK IN SERVICE

Any Bargaining Unit Employee who is absent or leaves the bargaining unit for more than ninety

(90) calendar days for any reason other than absences permitted under the terms of this collective bargaining agreement (including but not limited to approved vacation time, personal leave, military service, etc.), shall lose his/her unit seniority. If he/she returns to the bargaining unit at a later date, his/her unit seniority will start on that return date.

SECTION 2.6 PROBATIONARY EMPLOYEES

Probationary employees will be considered probationary for ninety (90) calendar days after their first assigned work day. The Union represents probationary employees for matters concerning wages, hours and working conditions, but the Employer reserves the right to decide matters relating to transfers, suspensions, discipline, layoffs or discharge of probationary employees without recourse to the grievance procedure contained in this Agreement. Probationary employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The ninety (90) day period referred to in this section may be extended if the Employer encounters a delay in the Pentagon PFPA performing background checks and granting written authorization on newly hired employees.

SECTION 2.7 TERMINATION OF SENIORITY

The seniority of an employee shall be terminated for any of the following reasons:

the employee quits or retires;

the employee is discharged for cause;

a settlement with an employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

the employee is laid off for a continuous period of one hundred eighty (180) calendar days;

the Government terminates the employee’s credentials;

the employee is otherwise asked to be removed from working under the Employer’s contract with the Government; or the employee is absent from work for two (2) working days without notifying the

Employer or fails to return to work from an approved leave of absence, unless due to conditions beyond the employee’s control.

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ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

A. If a vacancy occurs, within a classification, in an establish position, or a newly created position, covered by this Agreement, the position will be posted for a period of seven (7) working days (excluding Saturdays, Sundays and Holidays) for the covered Pentagon

PFPA sites, and shall be open to qualified applicants within that classification. The announcement will include the shift, location, and days off. The Project Manager will notify the Union President in writing of such openings. When a vacancy occurs, the

Employer will fill the position with the senior qualified Employee within the classification.

B. If no qualified employee within the classification bids for that vacancy, then employees within other classifications shall be offered the opportunity to bid as described in this section. Once an employee accepts a new position and the weekly schedule reflects the change in assignment, the employee shall not be permitted to decline the assignment and must remain in the assignment for a minimum of twelve (12) months. Should the filling of a vacancy under this Article create a second vacancy, that vacancy will be filled in the same manner as the original job vacancy and so on. Any Employee who wishes to apply for the open position shall do so in writing.

SECTION 3.2 LAYOFF and RECALL

In the event of layoff or recall, when full-time or part-time positions are being reduced, probationary employees regardless of classification will be laid off first, then part-time employees within the effected classification, and if necessary full-time employees within the effected classification. Employees affected by the layoff shall be able to utilize bumping rights in order to enter a lower classification. In the event that an employee utilizes his/her bumping rights, his/her seniority date shall be established by the seniority date that such employee possessed upon leaving the lower classification. If the employer decides to increase its workforce it shall recall employees on layoff in inverse order within the classification for a period of twenty-four months (24).

SECTION 3.3 TEMPORARY ASSIGNMENTS

Due to the changing work environment, all employees are subject to an assignment anywhere within the Pentagon PFPA sites on an as needed basis from present on duty personnel. The assignment shall be temporary not to exceed thirty (30) days, and voluntary, unless there are no volunteers, in which case the employer may force the least senior qualified employee to take the temporary assignment. While on temporary assignment, the Sergeants, Lieutenants, First

Lieutenants, or Captains shall not lose their regular post, and shall return to the post after such assignment. Sergeants, Lieutenants, First Lieutenants, or Captains on such temporary assignments shall be paid at their regular hourly rate of pay or the normal hourly rate of pay of the temporary assignment, whichever is higher.

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ARTICLE 4

MANAGEMENT RIGHTS

SECTION 4.1 ENUMERATED RIGHTS

The Company reserves all rights which it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be a source of potential controversy, these rights being:

a) Hire;

b) Assign work and schedule;

c) Promote, Demote;

d) Discharge, discipline, or suspend for just cause;

e) Determine the size and composition of the workforce, including the number of, if any, employees assigned to any particular shift and the number of full-time and part-time employees;

f) Make and enforce work rules not inconsistent with the provisions of this agreement;

g) Require Employees to observe reasonable Employer rules and regulations, including mandatory Employee cooperation in investigations;

h) Determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted;

i) Determine the qualifications of an Employee to perform work;

j) The right to determine, direct, and change the work operations and work force of the Company;

k) The right to ensure adherence to performance standards, the type of services to be rendered, and the manner in which such services are to be performed;

l) The right to determine the type and quantity of machines, equipment, and supplies to be used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or handled by the Company;

m) The right to sell, lease, shut down, or otherwise dispose of all or part of the

Company’s assets or business operations;

n) The right to introduce changes in the methods of operations, jobs or facilities, including the right to automate, totally or partially, any or all of its business operations, even though this operates to eliminate unit jobs;

o) The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the

Company, regardless of whether it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it;

p) The right to hire, promote , and transfer employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, promoted, transferred;

q) The right to schedule all work and hours of work, to determine the need for and amount overtime, and to assign or require employees to work overtime; and

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r) The right to make and enforce work rules not inconsistent with the express provisions of this Agreement, which may be published from time to time in a handbook or policy manual which is incorporated herein by reference.

SECTION 4.2 RETAINED RIGHTS

Any rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made. The Company’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation or misapplication of any provision of this Agreement or the challenge of any disciplinary action taken against a unit employee. This provision is not intended to limit or prohibit the rights of any party to seek relief from other third parties. In addition, the grievance procedures outlined herein shall not apply to any situation where the Employer is acting under the written directives of the

Government. The term “days” shall not include Saturdays, Sundays, or holidays when used in this Article.

SECTION 5.2 GENERAL PROVISIONS

The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance, unless otherwise agree by the parties to extend those time limits.

SECTION 5.3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures:

A. Informal Step - Both the Employer and the Union agree that the employee will first discuss his/her complaint with his/her immediate supervisor. If during the course of this discussion either the employee or the supervisor deems it desirable, the Union representative or his/her designee will be called in. If the complaint is not satisfactorily adjusted within three (3) working days of the informal discussion, it may be submitted in writing to the Project Manager or his/her designee in accordance with Step One.

B. Step One - If the matter is not resolved informally, the employee shall, not later than ten

(10) calendar days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved employee, Union representative and or his/her designee, and shall be submitted to the Program Manager or his/her designee. The Program Manager or his/her designee shall have ten (10) calendar days from the date the grievance was presented to him/her, to return his/her decision, in writing, with a copy to the aggrieved employee and Union President.

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C. Step Two - If the grievance is not settled in Step One, the grievance may be appealed in writing to the Labor Relations Specialist/Director of Operations or designee not later than ten (10) calendar days from the denial by the Program Manager or his/her designee. The

Labor Relations Specialist/Director of Operations or designee will have ten (10) calendar days from the date the grievance was presented to him/her, to return his/her decision, in writing, with a copy to the aggrieved employee and Union President.

D. Grievance for Discipline - Any grievance involving the discharge or other discipline may be commenced at step two (2) of this procedure. The written grievance shall be presented to the Program Manager through the Supervisor or his/her designee within ten (10) calendar days after the occurrence of the facts giving rise to the grievance.

SECTION 5.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Union, giving the Labor Relations Specialist/CEO or designee written notice of its desire to proceed to arbitration not later than fifteen (15) calendar days after rejection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 5.3, which remain unsettled, shall be processed in accordance with the following procedures and limitations:

A. Pre-Arbitration Hearing - The parties agree to hold pre-arbitration hearings either in person or by phone requiring a senior manager of the Employer and Union President (or designee) to make a final effort to settle the grievance before arbitration.

B. Selection of an Arbitrator - Within fifteen (15) calendar days of receipt of the Union’s written notice to proceed with arbitration, the Union will request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

C. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this

Agreement. In disciplinary cases the arbitrator must apply the principles of the progressive disciplinary system.

D. Arbitration Expense - The arbitrator’s fees and expenses, including the cost of any hearing room, shall be shared equally between the Employer and Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred in bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

E. Time Limits - The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her.

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SECTION 5.5 CLASS ACTION

The Union shall have the right to file a group grievance (class action) or grievances involving more than one (1) employee at the Informal Step of the grievance procedure.

SECTION 5.6 INDIVIDUAL GRIEVANCES

Only the union may move a grievance to arbitration.

ARTICLE 6

DISCIPLINE

SECTION 6.1 JUST CAUSE

After completion of the probationary period, no employee shall be dismissed, suspended, demoted, or otherwise disciplined without just cause, unless the employee is ordered by the

Government to be removed from working under the Employer’s contract with the Government, or if the employee’s credentials are denied or terminated by the Government. In cases of such removal the company will provide the union with any documentation received from the government.

SECTION 6.2 GENERAL PROVISIONS

The Union has the right to grieve or arbitrate on behalf of all employees that are disciplined, except for cases when the Employer is acting under the written direction of the Government, or when the Government has notified the Employer, in writing, that the Government has lost confidence in the employee. The Union retains the right to grieve and/or arbitrate the accuracy of any information provided by the Employer to the Government. The Employer shall give the

Union President notice of all discipline, including the grounds for discipline and the Union

President shall be copied on all documentation concerning the discipline as the documentation is issued. The employee will have the right to submit a written response to the Employer’s statement. Standards of Conduct that are Employer work rules shall not be changed without first discussing such changes with the Union. Moreover, the Employer retains the right to enforce the

Standards of Conduct with disciplinary action up to and including termination, as required by the

Government contract. In the event that a Captain is required to issue a discipline to a lower ranking employee, it shall be done at the direction of the Company and within guidelines of

Company policy.

SECTION 6.3 REMOVALS FROM THE SCHEDULE

When an employee is removed from the contract without pay during the pendency of an investigation, whether at the request of the Government or otherwise, such employee may apply for unemployment compensation for the duration of such administrative leave. In addition, such employee may seek and retain other employment without abandoning the employee’s position, or causing a break in the employee’s seniority, which shall continue to accrue during the removal.

SECTION 6.4 DISCIPLINARY STALENESS TIMELINE

All disciplinary action over twelve (12) months old will not be considered in future disciplinary matters. An employee may request an appointment to review his/her site or corporate file in the presence of a site supervisor or designee, and if requested, a union representative. Requests to

13 / 27 review the site or corporate file shall be made through the on-site supervisor. The supervisor will arrange for the review in a timely manner.

SECTION 6.5 ISSUANCE OF DISCIPLINE

The employer will have seven days to issue discipline from the date it became aware of the issue triggering the discipline and or seven days from the date an investigation is complete.

ARTICLE 7

HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY and WORKWEEK For purposes of this Article, a regular workweek of forty (40) hours of work, fifty-two (52) weeks per year (excluding leave and holiday time), excluding lunch periods, shall constitute a normal workweek for employees. However, nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per week. Shifts shall be scheduled at the discretion of the Employer to fulfill the needs of the Government.

SECTION 7.2 OVERTIME

An overtime rate of time and one-half (1½) of an employee’s base rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 7.3 OVERTIME REQUIREMENT

If requested to work overtime (i.e. over forty (40) hours in a workweek) or extra hours, the employee shall be required to do so unless the employee is excused for good cause.

SECTION 7.4 OVERTIME DISTRIBUTION

Overtime work will be distributed on a fair and equitable basis among all employees. Overtime work will be rotated by seniority within the classification. The available overtime will be offered to the most senior employee available to work the overtime. Once offered, whether worked or not, the next available overtime shall then be offered to the next most senior available Sergeant, Lieutenant, First Lieutenants, and/or Captain. Unless desired by the employee, overtime will not be assigned to an employee on his/her days off except in the case of an emergency. Overtime records shall be maintained at the site and shall be accessible to employees and to the Union.

Errors in the assignment of overtime shall be corrected by the offer of the next overtime available to the Sergeant, Lieutenant, First Lieutenants, and/or Captain. It is understood that if the Employer is unable to secure an adequate number of volunteers to work the necessary overtime that available overtime work shall be assigned in reverse rotational order; i.e., bottom-up.

SECTION 7.5 REST PERIOD

Employees will be permitted to take rest periods as their duties permit.

SECTION 7.6 CALL-IN / CALL-BACK PAY

A. An employee called into work as requested will be guaranteed a minimum of four (4) hours of work or pay.

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B. Call-back applies to an employee who is called back to a Client facility or designated work site after completing a shift. An employee called back to the facility/work site after they have left the site shall be paid for the time actually worked upon return to the facility/work site, or a minimum of four (4) hours, whichever is greater. Call-back time, whether worked or not, is considered time worked for the purpose of calculating hours of overtime.

SECTION 7.7 SCHEDULING

A. Seven-day schedules will be posted three (3) weeks in advance, whenever possible. When changes to the schedule are necessary, the Employer agrees to give as much notice as possible.

B. Holiday work schedules will be posted one (1) month prior to the holiday. Employees desiring to work the holiday will post for the available openings. The Employer retains the right to assign the necessary number of by reverse seniority order to work. The final holiday schedule will be posted two (2) weeks prior to the holiday.

C. All employees shall be scheduled with at least two (2) consecutive days off of work, unless scheduling does not permit or in cases of emergency or as directed by the

Government. The Project Manager or designee may approve an employee’s request to switch scheduled days off and shifts within the same pay period with another employee, with a three (3) day advanced notification.

ARTICLE 8

WAGES

SECTION 8.1 WAGE SCHEDULE

Current 12/1/2020 12/1/2021 12/1/2022

Captains $32.50 $33.50 Reopener Reopener

First Lieutenants $31.87 $32.67 Reopener Reopener

Lieutenants $31.35 $31.98 Reopener Reopener

Sergeants $30.29 $30.74 Reopener Reopener

NRO Chantilly Capt’s: $36.00

Lt’s: $35.00

Freeze Reopener Reopener

SECTION 8.2 WORKWEEK AND PAYDAY

The workweek starts on Sunday at 12:01AM and ends the following Saturday at 12:00AM

(midnight). Employees will be paid on a biweekly basis on Friday with the Employer, subject to change by mutual agreement.

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SECTION 8.4 UNDISPUTED ERROR

In case of an undisputed error on the part of the Employer as to an employee’s rate of pay, proper adjustment will be made within one (l) week: for undisputed errors over $100.00, after the

Employer is given written notification of the error. All other such undisputed errors will be made on the next paycheck.

SECTION 8.5 DIRECT DEPOSIT

All employees covered by this Agreement shall, as a condition of continued employment, be on direct deposit.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

The following 10 days are recognized Holidays at the Pentagon PFPA Facility:

New Year’s Day Independence Day

Martin Luther King Jr. Day Labor Day

President’s Day Memorial Day

Columbus Day Veteran’s Day

Thanksgiving Day Christmas Day

SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS

A. Any employee who works as scheduled on a holiday shall receive the straight time rate hourly rate for all hours worked, and full-time employees shall receive eight (8) hours holiday pay at the straight time rate, providing they work the last scheduled day before and after the holiday, unless reasonably excused.

B. All employees who are not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift or premium for that holiday. The employee will be paid holiday only if the employee is not laid off, or on an unpaid leave of absence.

C. Any part-time Employee who works as scheduled on a holiday shall receive the regular hourly rate for all hours worked, and in addition shall receive holiday pay

D. An employee who is scheduled to work on a holiday and fails to report for such work without reasonable cause shall forfeit the employee’s non-worked holiday pay.

SECTION 9.3 GOVERNMENT SHUT DOWN

In the event of a government shutdown, the schedule will be made on the basis of seniority.

A. In the event of inclement weather, the Government may reduce staffing at the facility.

Ordinarily, this does not result in a reduction in supervision. In the event that a facility closure results in supervisors who are already on duty being sent home, the Company will adhere to the requirements of Section 7.6. Supervisors who have not already reported to duty, and who are not required to report to duty, may choose to take accrued vacation, sick leave, or leave without pay.

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B. Should a Government closure occurs, that is not weather related, the Employer shall follow the following steps:

The union shall be notified as soon as the employer is made aware of the impending Government shutdown.

A list of available hours shall be provided to the union.

A volunteer vacation and PTO list shall be posted. Employee will be allowed to utilize available time during the government shutdown.

Remaining Full time employee will be reduced to 32 hours a week.

Should it be further necessary to reduce the hours of full time Sergeants, Lieutenants, First Lieutenants, or Captains, the employer will try its best to distribute the available hours fairly.

Part Time employee will be offered available time or temporary layoff status.

The union will assist the employer in the process.

ARTICLE 10

VACATIONS

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES

A. Eligible full-time employees shall be entitled to annual vacation pay, based on their continuous years of service with the Employer or its predecessor at their individual hourly rate at the time payment is made in accordance with the following schedule:

Upon completion of one (1) year of service - 80 hours

Upon completion of five (5) years of service - 120 hours

Upon completion of ten (10) years of service - 160 hours

Upon completion of fifteen (15) years of service - 200 hours

Upon completion of twenty (20) years of service - 240 hours

B. Eligible Part Time Employees shall be entitled to prorated vacation per the schedule contained in Section 10.1, based on their individual performance by the number of hours paid in the previous year at the Employee’s anniversary date divided by 1664. A minimum of one-half the full-time benefit is guaranteed for Part Time Employees.

C. Any Employee who works a full anniversary year, in part as a full time position

Employee and in part as a part time Employee, shall receive prorated vacation benefits for that benefit year as calculated in this section.

SECTION 10.2 SCHEDULING VACATIONS

A. The Employer will allow the maximum amount of four percent (4%) personnel off per classification at any one time for vacation that permits the Employer to maintain efficient operations.

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B. Vacations may be scheduled anytime during the year in accordance with scheduling and manager approval. Employees shall select their vacation period in order of their seniority where reasonably possible and at a time mutually convenient to the Employer and the employee.

SECTION 10.3 UNUSED VACATION

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (i.e., Anniversary date of employment) shall be paid to the employee on the next pay cycle following the employee’s anniversary date.

SECTION 10.4 PAY IN LIEU OF VACATION LEAVE

Any time during the year, employees may request, in writing, to be paid for earned vacation pay in lieu of taking actual vacation leave, up to 80 hours per year. Cashing out vacation time will cause employee to forfeit unpaid leave benefits during the anniversary year, except as specified in Article 11.

SECTION 10.5 TERMINATING EMPLOYEES

Upon termination of employment, employee will be paid at their individual hourly rate for any vacation time earned as of their last anniversary date, but not used, as entitled by the Service

Contract Act. (Example: An employee who terminates one month into the next anniversary year is entitled to any of the previous year’s earned accrued vacation not already used, and not to the additional month accrued in the new anniversary period).

SECTION 10.6 VACATION FOR LAID-OFF EMPLOYEES

Length of service with the Employer shall not accrue for the purposes of vacation benefits while an employee is on laid-off status unless such layoff is the result of a Government shutdown.

SECTION 10.7 VACATION INCREMENTS

Vacation days may be used in one (1) day increments, if so desired by the employees and approved by the Employer.

SECTION 10.8 VACATION CANCELLATION

All approved vacations are subject to cancellation due to facility emergencies; however, when an employee can prove such cancelation will result in lost money such as any non-refundable items then the Company will reimburse said employee for such loss. Avoiding overtime is not considered an emergency.

ARTICLE 11

LEAVE OF ABSENCE

SECTION 11.1 LIMITATIONS

A. Personal leave of absence (leave without pay) for non-medical emergencies may be granted at the discretion of the Employer without loss of seniority to the employee. Such leaves, if granted, are not to exceed 30 days. Employees on any unpaid leave of absence must use all available vacation or personal/sick leave time until such paid leave time is exhausted. Length of service with the Employer shall not accrue for purposes of vacation, 18 / 27 holiday or other accrued benefits while on unpaid leave of absence. The Employer will make every reasonable effort to maintain an employee's position while on unpaid leave;

however, there is no guarantee of reinstatement from any unpaid, non-statutory medical leave.

B. A short term Union leave (without pay) may be granted to an employee to attend

Constitutional Conventions, Regional and/or State Conferences, etc. providing that no more than two (2) employees shall be granted this type of leave at the same time. The

Union shall provide the Employer, in writing, two weeks in advance, the request for such leave. Leave requests may be denied, if coverage is not available without the Employer incurring overtime and/or the release will impair the Employer’s contractual obligations.

Such leave shall not exceed a total of five (5) days per contract year.

SECTION 11.2 PROCESSING EMPLOYEE LEAVE

A. A leave of absence must be processed in the following manner: All requests for any unpaid leave of absence shall be submitted in writing to the Site Supervisor at least ten

(10) calendar days, or as soon as is practicable, prior to the date that the leave will take effect, except in cases of emergencies, and shall include:

1. The reasons for such leave

2. The effective dates of such leave

3. The estimated date of return to work

B. The written request for leave of absence shall be submitted to the Contract Manager by the Site Supervisor for final approval.

C. If the request for leave of absence is approved by the Contract Manager, a copy of the approved leave of absence will be given to the employee involved.

D. Extensions of leave of absence may be granted at the discretion of the Employer upon written request by the employee within ten (10) calendar days prior to the expiration of the leave of absence when feasible. Extension when granted shall not total more than thirty (30) days.

SECTION 11.3 MEDICAL LEAVE

A. An employee may be granted an unpaid medical leave of absence for a specified period not to exceed 12 weeks within a 12-month contract year. The Family and Medical Leave

Act of 1993 are incorporated herein. Eligible employees must advise the Employer of his/her disability and complete the necessary documents in accordance with the provision of the Act, and is supported by a doctor’s certificate showing the nature of the illness and the estimated length of time the employee will be unable to perform his/her job.

B. The 12 week period may be extended at the discretion of the Employer. During medical leave, the employee shall be required to furnish a report from the doctor when requested periodically by the Employer. The employee will be required to use accrued vacation or personal/sick leave time during the medical leave. Upon the expiration of said leave, the employee shall furnish the Employer with a statement, signed by the doctor, which establishes the fitness of the employee to return to the employee’s previously held work.

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SECTION 11.4 MILITARY LEAVE

An employee of the Employer who is activated or drafted into any branch of the Armed Forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave.

SECTION 11.6 PERSONAL/SICK LEAVE

A. Each full-time Employee shall be eligible to use a maximum of eight (8) days personal/sick leave at the beginning of each 12-month Government contract year.

B. Consistent with Employer approval, efficiency, and economy of operations, Employees may utilize their Personal/Sick leave benefit in increments no smaller than four (4) hour, subject to written approval. In the event that an employee is required to replace another employee utilizing such leave, increments of no less than four (4) hours may be requested and/or approved.

C. Part time Employees will be eligible to use one-half of the full time personal/sick leave allotment at the beginning of each 12-month Government contract year. In addition, any Part time Employee who worked more than 1040 hours in the previous

12-month Government Contract year will be eligible to use additional prorated personal/sick leave which will be credited to the current contract year balance based on the number of hours actually paid during the previous contract year. Employees who begin employment after the inception of the contract year will be eligible to use a prorated amount of personal/sick leave, based on the above Personal/Sick Leave

Table.

D. Unused personal/sick days shall not be cumulative from year to year. Any unused, earned personal/sick leave will be paid to the Employee at the end of the contract year.

E. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal/sick leave, based upon the number of hours the

Employee was paid during that contract year. If the Employee has used more personal/sick leave than he/she earned based upon time paid on the contract, the amount of the overage will be deducted from the Employee’s final paycheck.

F. Personal/Sick leave (and vacation) days may be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness must notify the Employer at least four (4) hours prior to the beginning of his/her shift in order to be eligible for paid personal/sick leave benefits, except in extenuating circumstances.

G. The Parties agree that prior to the anniversary of the Government Contract year, simultaneous to the reopeners for Health and Welfare, the Parties will open this section to discuss and negotiate sick leave, in light of the current health crisis and state of the healthcare industry to come.

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SECTION 11.7 BEREAVEMENT LEAVE

All non-probationary employees shall be entitled to four (4) days paid bereavement leave annually for the purpose of grieving, taking care of family matters, and attending the funeral, on a day normally scheduled to work. Bereavement leave applies to the death of a parent, parent in-law, spouse, child, sibling, or sibling-in-law and grandparent, or spouse’s grandparent, grandchildren. Employee will notify the Project Manager or designee, whenever possible, of the need for bereavement leave. Employees who require additional time off in order to attend a funeral of an immediate family member will, on an individual basis, be granted such time without pay for up to five (5) additional days. Bereavement days shall not be cumulative, nor shall they be payable if not used. The Employer may require proof of the death for which an

Employee requests a paid leave.

SECTION 11.8 JURY DUTY

Full-time seniority employees shall be entitled to receive up to five (5) days of paid leave per contract year for purposes of serving required jury duty. In order to be paid for this benefit, employee must: (a) provide Project Manager or designee with a copy of the applicable notice for jury duty service within 48 hours of receiving the notice or seven (7) days before the commencement of jury service, whichever is sooner, and (b) the employee must also submit all compensation received (service fee and mileage) signed by employee and made payable to the

Employer within five (5) days of the employee’s return to work from jury service. Employee will be compensated for the jury service on their next paycheck. Part-time seniority employees are eligible for this benefit only if regularly scheduled day of work is missed for this purpose.

SECTION 11.9 VOTING LEAVE

A. The Employer and the Union encourage employees to fulfill their civic responsibilities by voting in elections. Employees who choose to vote are encouraged to make reasonable efforts to do so at times that does not…