Attachment C WD 2019-0236 Rev 1 and CBA (2019-2022) Fully Executed (combined).pdf

70FA2022R00000002

CDP Armed Security Guard Services

Attachment C

WD# 2019-0236 Revision 1 and CBA

(2019-2022) Fully Executed

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT

OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS

ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR

DIVISION

| WASHINGTON

D.C. 20210 | Wage Determination No.: 2019‐0236 Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 09/25/2019 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Alabama

Area: Alabama County of Calhoun Employed on DHS contract for armed guard security services.

Collective Bargaining Agreement between APSI‐Centerra JV LLC and United Government Security Officers of America (UGSOA) Local 299, effective April 25, 2019 through September 25, 2022.

In accordance with Sections 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).

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Between

AHTNA PROFESSIONAL SERVICES, INC.

along with

CENTERRA GROUP, LLC

and

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA (UGSOA)

and

Its LOCAL 299

Representing the

SECURITY OFFFICERS

at

CENTER for DOMESTIC PREPAREDNESS in

Anniston, Alabama from

April 25, 2019 through September 25, 2022

Attachment C

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 1

Contents

COLLECTIVE BARGAINING AGREEMENT

ARTICLE 1 - UNION RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 - UNION MEMBERSHIP AND CHECK-OFF

ARTICLE 4 - EQUAL OPPORTUNITY

ARTICLE 5 - PROBATIONARY PERIOD

ARTICLE 6 - SENIORITY

ARTICLE 7 - LAYOFF AND RECALL

ARTICLE 8 - DISCIPLINE

ARTICLE 9 - GRIEVANCE PROCEDURE

ARTICLE 10 - LEAVE OF ABSENCE

ARTICLE 11 - SICK LEAVE

ARTICLE 12 - UNION STEWARDS

ARTICLE 13 - HOURS OF WORK, OVERTIME

ARTICLE 14 - WAGES

ARTICLE 15 - HEALTH & WELFARE

ARTICLE 16 – VACATION

ARTICLE 17 - HOLIDAYS

ARTICLE 18 - UNIFORMS AND EQUIPMENT

ARTICLE 19 - BEREAVEMENT AND JURY DUTY

ARTICLE 20 - EMPLOYER POLICIES AND PROCEDURES

ARTICLE 21 - NO STRIKE – NO LOCKOUT

ARTICLE 22 - EMPLOYEE INJURY

ARTICLE 23 - DRUG AND ALCOHOL POLICY

ARTICLE 24 - GOVERNMENT REQUIREMENTS

ARTICLE 25 - EXAMINATIONS

ARTICLE 26 - GENERAL

ARTICLE 27 - ENTIRE AGREEMENT

ARTICLE 28 - TERM AND DURATION

APPENDIX “A”

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 2

COLLECTIVE BARGAINING AGREEMENT

This Agreement is entered into by and between Centerra Group, LLC, a Constellis Company & Ahtna Professional Services, Inc. (“Employer”) and its successors, subcontractors or assigns and the United Government Security Officers of America (UGSOA) International Union, and its affiliate Local 299 (“Union”).

This Agreement covers all applicable Security Officers employed in support of Contract number HSFE20-17-C-0203 between THE EMPLOYERS. and the CENTER FOR DOMESTIC PREPAREDNESS whereby the employers provide security at the Center for Disaster Preparedness in Anniston, Alabama. The non-economic portions of this Agreement is effective on April 25, 2019. The economic portions of this Agreement are effective on October 1, 2019.

Although jointly negotiated, the application of this agreement shall be independently controlled by the respective Employers. The relationship between Centerra Group, LLC, a Constellis Company, and Ahtna Professional Services, Inc. is not, and shall by no means be construed as a joint or co-employment relationship.

The actions or decisions of either Employer shall not be cause for the other to become a party to any legal proceeding such as grievances, arbitrations, or any other legal remedy at the disposal of the aggrieved party. An Employer wrongfully joined in any grievance, arbitration, or action, shall be voluntarily dismissed without prejudice by the Union, Arbitrator, Administrative tribunal, or Court upon written request of the Employer, explaining the reasons therefore and relevant facts for such dismissal of the wrongfully joined Employer.

ARTICLE 1 - UNION RECOGNITION

Section 1. The Employer hereby recognizes the Union as the sole and exclusive bargaining agent of all employees in the following unit: all full-time and regular part-time security guards (including lead security guards, if utilized) performing services for the Company under the Contract (as defined below) (“the Contract”).

Section 2. Whenever the words “employee” or “employees” are used in this Agreement, they designate only the employees in the bargaining unit of the Union as described above.

Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section 3. This recognition of the Union only applies to the extent the work is being performed pursuant to the Contract. Furthermore:

The Employer shall have no liability as a successor employer for events occurring before the execution of this Agreement, Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 3

Any past practices of the Employer which occurred prior to the date hereof not discussed and specifically detailed in this Agreement, will not be recognized.

Section 4. The term “full-time employee” shall refer to employees who are regularly scheduled to work and regularly work thirty-six (36) or more hours per regular workweek, excluding any unpaid meal or break periods, sick leave and vacations. The term “part-time employee” shall refer to employees who are regularly scheduled to work and regularly work less than thirty-six

(36) hours per workweek, excluding any unpaid meal or break periods, sick leave and vacations.

In computing hours to determine full or part-time, only regular work paid hours and not overtime, hours are considered.

Section 5. In the event of an emergency or to provide relief it is expressly understood that Supervisors may perform bargaining unit work as determined necessary by the Employer and as allowed by the Employer’s client to cover posts due to manpower shortage(s) only until proper bargaining unit personal can be assigned, unless such occurrences are less than one (1) hour in duration.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 1. Except as specifically limited by the express written provisions of this Agreement, the Employer reserves and retains, solely and exclusively, all of its normal, inherent and common law rights to manage its business, in such a manner, as the Employer shall determine to be in its best interest.

Section 2. The rights reserved to and retained by the Employer under this Agreement, include, but are not limited to the following:

(a) Manage its operations and to direct/assign the work force;

(b) Determine and change the methods and manner services are provided;

(c) Introduce new methods or improved methods of operations or equipment;

(d) Determine and change the size, composition, and qualifications of the work force;

(e) Determine the extent to which and the manner and means its business will be operated or shut down in whole or in part;

(f) Determine whether and to what extent any work shall be performed by employees and how it shall be performed;

(g) Maintain order and efficiency in its client’s facilities and operations including the right to select, hire, promote, demote, lay off, assign and train employees;

(h) Subcontract;

(i) Select and determine supervisory employees;

(j) Bid or not bid, or to rebid or not rebid, contracts with its clients;

(k) Determine and change starting times, quitting times, schedules shifts and post assignments of employees;

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 4

(l) Determine and change methods and means by which operations are to be carried on;

(m)Establish and/or abolish duties, standards of performance for employees, job classifications, operating units or departments;

(n) Establish, change and abolish its policies, work rules, regulations, practices and standards/codes of conduct and to adopt new policies, work rules, regulations, practices and standards/codes of conduct(after notice to the Union and negotiating if required);

(o) Assign duties to employees in accordance with the needs and requirements of the client and the Employer, as determined by the Employer, and

(p) Discipline and discharge employees with just cause.

Section 3. The above enumeration of rights is by way of example and is not a limitation on the Employer’s right to manage the enterprise and its business without interference, which rights are solely and exclusively the rights of the Employer.

Section 4. The Employer shall not implement any changes to subjects identified as mandatory subjects of bargaining pursuant to the guidance of the National Labor Relations Act and its decisions without first bargaining with the Union regarding such matters.

ARTICLE 3 - UNION MEMBERSHIP AND CHECK-OFF

Section 1. The Union agrees to accept as a member upon application and without discrimination any new employee who may be hired by the Employer for employment within the bargaining unit.

Section 2. The Employer shall provide listings of employees’ names and addresses upon reasonable request by the Union for communicating by mail, etc., with its membership regarding Union business.

Section 3.

1. Subject to the limitations of any state or federal law, the Company agrees to deduct from the first paycheck earned each calendar month by an employee covered by this Agreement, the Union membership dues and initiation fees levied by the UGSOA, in accordance with said Union's Compensation and By-Laws, of each member of the Union who has in effect at that time a proper authorization card executed by the employee, authorizing the Company to make such deductions. The Company will be advised by the Union of the exact dollar amount due from each employee.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 5

2. All sums collected in accordance with such signed authorization cards shall be remitted by the Company to the UGSOA International, 2879 Cranberry Highway East Wareham, MA 02538 not later than the fifth tenth (15th) of the month subsequent to the month in which such sums were deducted by the Company. Electronic transfer of funds will also be made available.

3. The Check-off Authorization Card to be executed and furnished to the Company by the Union and the employees shall be the official Union AUTHORIZATION FOR CHECK- OFF OF DUES, - a copy of which shall be attached and made a part of this Agreement as APPENDIX "A". The Company shall accept no other form unless the parties mutually agree to the substitute.

4. The Union accepts full responsibility for the authenticity of 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 to the employee 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 it by any party for amounts deducted from wages as herein provided.

5. No deductions of Union dues will be made from the wages of any employee who has executed a Check-Off form and who has been transferred to a job not covered by this Agreement, or who is not in pay status. Upon return to work within a classification covered by this Agreement, deductions from future wages shall be automatically resumed, providing the employee has not revoked the assignment in accordance with this Agreement, and provided it is in accordance with other appropriate provisions of this Agreement and of the National Labor Relations Act, as amended.

6. An employee who has executed a Check-Off form and who resigns or is otherwise terminated from the employ of the Company shall be deemed to have automatically revoked his assignment, and if the employee is recalled or re-employed, further deduction of Union dues will be made only upon execution and receipt of a new Check-Off form.

7. 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.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 6

8. 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 4 - EQUAL OPPORTUNITY

Section 1. The parties will comply with all applicable laws prohibiting discrimination on the basis of race, color, national origin, sex, religion, age, or disability, genetic information, union membership, or other legally protected classification. No claimed violation of this Section shall be subject to the grievance and arbitration provisions of this Agreement. Further, any action taken by the Employer to comply with the Americans with Disabilities Act, or any other state or federal law, shall not be the subject of a grievance or arbitration nor give rise to a claim that this Agreement has been violated.

Section 2. Both parties endorse a zero tolerance for any form of harassment against a fellow employee, client employee, or visitor to any federal facility. If the Employer receives a complaint that this provision has been violated, the Employer will investigate the complaint.

The Employer, in its sole discretion, will assess the credibility of the complainant, any witnesses, and the accused. Any violation of this provision will result in immediate termination. It is further understood that any employee involved in the investigation of any alleged violation of this Article shall fully cooperate with the investigating body.

Section 3. The parties agree to comply with all applicable federal, state and local laws, including but not limited to the Civil Rights Act of 1964, as amended, and also including 41 CFR 6-1.4(a) and the employee notice clause in 29 CFR part 471, Appendix A to Subpart A, as applicable.

Section 4. The parties shall abide by the requirements of 41 CFR 60-300.5(a) and 41 CFR 60- 741(a). This regulation prohibits discrimination against qualified protected veterans and qualified individuals on the basis of disability, and requires affirmative action by covered federal contractors to employ and advance in employment qualified protected veterans and qualified individuals with disabilities.

Section 5. The parties agree not to discriminate against any employee for his/her activity in or on behalf of, or membership/non-membership in the Union. There shall be no discrimination, restraint, or coercion by the Employer or Union for or against any employee because of membership in, affiliation with, or financial support of the Union or the refusal to join, affiliate with, or financially or other support the Union.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 7

ARTICLE 5 - PROBATIONARY PERIOD

Section 1. Newly hired employees shall be regarded as probationary employees for the first three months from their first post assignment. During their probationary period, probationary employees shall not accrue seniority under this Agreement. For purposes of this Article, a workday is defined as a day in which an employee performs compensable work for the Employer.

Section 2. The Employer shall have the sole right to discipline, lay off, suspend or terminate probationary employees without limitation by the provisions of this Agreement or without recourse to the grievance and/or arbitration provisions contained herein, which provisions, with respect to probationary employees, are hereby waived by the Union on its behalf and on behalf of bargaining unit members.

Section 3. Upon successful completion of the probationary period, the employee shall be placed on the seniority list and shall be given a seniority date which is retroactive to the date the employee first worked a post assignment.

ARTICLE 6 - SENIORITY

Section 1. Seniority lists for the bargaining unit will be posted and maintained by the Employer and shall be made available to proper Union officials monthly. An employee’s standing on the posted seniority list will be final unless protested in writing to the Site Project Manager within twenty (20) calendar days after the list is posted each month. Thereafter, seniority may only be protested for employees appearing on the list for the first time, and then, only within twenty

(20) calendar days after the list is posted each month.

Section 2. Except as otherwise provided herein, seniority shall be measured from the earlier of:

(a) The date of hire with the Company under the Contract; or

(b) The date the employee commenced working for a predecessor employer engaged in providing similar services as the Employer provides under the Contract at any locations covered by the Contract; provided there has been no break in seniority under Section 3 of this Article.

Section 3. The seniority of an employee shall be terminated for any of the following reasons:

(a) After notice from the Company to report to work, the employee fails to report to work on the day following expiration of an authorized leave of absence;

(b) The employee fails, while on layoff, upon notice from the Company that work is available, to report to the Company as scheduled;

(c) The employee quits, is terminated, or retires;

(d) With respect to non-probationary employees, discharge for just cause and with respect to probationary employees any discharge;

(e) Unless on leave approved by the Employer or as otherwise allowed under applicable

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 8 law, failure to perform any productive (i.e. stand a billable post assignment) work for a period of two (2) consecutive months, or a period equal to the length of seniority, whichever is lesser;

(f) The Client revokes the employee’s credentials to work on the Contract. In the event the revocation is reversed and the employee’s credentials are reinstated, then their seniority shall be restored; or

(g) The employee accepts a position outside of the bargaining unit.

(h) 2 occurrences of a no call no show

Section 4. It is the obligation of each employee to keep the Company and Union informed of his or her current address and telephone number within one (1) week of any change.

Section 5. Regarding scheduled hours and any other matters not specifically addressed, Seniority will always default as the deciding factor, unless the matter may cause the Employer to incur overtime costs.

ARTICLE 7 - LAYOFF AND RECALL

Section 1. If the Employer determines it necessary to lay off employees, the Employer shall lay-off employees in the following manner:

(a) Employees voluntarily agreeing to be laid off shall be laid off first;

(b) Should it be necessary to further reduce the work force, probationary employees shall be laid off second; or

(c) Should it be necessary to further reduce the work force, non-probationary employees shall then be laid off in the inverse order of their seniority, regardless of whether such employee is full-time or part-time.

Section 2. Laid-off employees are not eligible for any compensation or Employer paid fringe benefits (other than unemployment compensation) during their periods of layoff.

Section 3. Employees who have been laid-off will be recalled to work in the reverse order in which they were laid off. Laid off employees shall be notified, at their last known address, in order of when the employee was laid off to report to work. The notice will be by certified mail, return receipt. In the event an employee, so notified, fails to contact, the Employer within five

(5) days after receipt of such notice, or fails to report for work on the date specified shall cause the recall notice to expire and the affected employee shall have no further recall rights.

It is the responsibility of any laid off employee to keep the Employer notified of any change of address.

Section 4. Laid off employees shall have recall rights for a period of twelve (12) months and shall continue to accrue seniority for the entire duration of such layoff.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 9

ARTICLE 8 - DISCIPLINE

Section 1. Employees shall be subject to discipline or discharge for just cause. The Employer and Union recognize progressive discipline as normally:

• Verbal Warning;

• Written Warning;

• Suspension; and

• Discharge

However, it is further understood that even in progressive discipline, some infractions may be classified as egregious and determined by the Employer to warrant discharge for a first offense.

While not all-inclusive, the following are representative of those infractions that may result in the immediate dismissal from employment:

• Dishonesty;

• Theft;

• Assault;

• Intoxication or drinking or under the influence of drugs/inhalants on duty;

• Illegal use or possession of drugs or narcotics;

• Fighting;

• Sleeping while on duty;

• Conviction of criminal misconduct;

• Walking off the job (defined as abandoning or refusing to work assigned shift/tasks);

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

introduction of unauthorized weaponry in an unauthorized facility area;

• Insubordination towards an Employer supervisor;

• Introducing/trafficking contraband onto Client property;

• Not informing the Employer of an arrest by civil authorities prior to the start of the next work assignment.

• Or as outlined in each respective employers Disciplinary Policies, attached hereto this agreement.

Section 2. No employee who has completed the probationary period shall be disciplined without just cause unless removed from working under the contract by the Client, or if the employee's credentials are denied or withdrawn by the Client or issuing agency. The Employer will provide the Union with a copy of any such directive, if available and authorized for release by the Client. If such directive is not available, the Employer will inform the Union in writing or email of the facts giving rise to such directive.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 10

Section 3. All suspensions and dismissals of non -probationary employees made solely by the Employer (i.e., not due to an action or order of the Government) will be subject to the Grievance & Arbitration Procedure set forth in this Agreement. Any grievance filed under this section shall start at Step Three and must be presented to the Employer within ten (10) days after notice to the employee of the suspension or dismissal.

The term “days” as used in this, Article shall not include Saturday, Sunday or holidays (as observed under this Agreement) or an Employer approved absence.

Section 4. All reprimands and discharge notices shall be in writing and signed by the Employer.

Copies shall be provided to the affected employee.

Section 5. Any issued disciplinary action(s) will be removed from an employee’s personnel file on a 12-month rolling calendar. Disciplinary action will be administrated within five (5) business days from occurrence, or from the date, the employer learned of a violation of policy to include any time needed to adequately investigate the matter.

ARTICLE 9 - GRIEVANCE PROCEDURE

Section 1. 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 non-probationary employee.

The term “days” as used in this Article shall not include Saturday, Sunday or holidays (as observed under this Agreement).

Section 2. The number of days provided for in the presentation and processing of grievances in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified shall be strictly adhered to but may be extended by written mutual agreement between the parties.

The failure of an employee or the Union to proceed to the next step of the grievance procedure within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of moving the grievance to the next step.

The failure of the Employer to answer a grievance within the time limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure.

All grievances, regardless of the initial step, shall be in writing, and identify the grievant and the associated union representative, (grievances may also be submitted via email) and shall:

(a) State the facts of the grievance in detail;

(b) Set forth the specific section(s) of this Agreement that are claimed violated;

(c) State the requested remedy; and

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 11

(d) Include a copy of all statements and supporting documentation available to the grieving employee and the Union.

The appropriate management employee as provided in Section 3 below shall countersign the grievance thereby acknowledging receipt of the grievance or provide acknowledgement of receipt electronically through email.

Section 3. All grievances shall be presented and processed in accordance with the following procedure for all employees:

Step One: A representative of the Union having a grievance on behalf of an employee(s) shall reduce the grievance to writing and present the grievance to the Site Project Manager (or his/her designee) of the affected employee within five (5) days from the date the event giving rise to the grievance occurs. The grievant, a Union representative (if requested by the grievant) and the Site Project Manager (or his/her designee) shall meet to discuss the grievance. The Site Project Manager (or his/her designee) shall provide a written decision to the Union within five (5) days after the meeting. This meeting may be held telephonically.

Step Two: If the grievance is not settled at Step One, the Union may refer the grievance to the Program Manager within ten (10) days after the Site Project Manager decision.

The Program Manager (or his/her designee) shall meet with the grievant and a Union representative (if requested by the grievant) to discuss the grievance. The Program Manager shall provide a written decision to the Union within ten (10) days after the meeting. This meeting may be held telephonically.

Step Three: If the grievance is not resolved at Step Two, the Union may refer the grievance to the Director of Labor Relations or VP Operations (or his/her designee), within ten (10) days after the Step Two decision. The Director of Labor Relations or VP Operations (or his/her designee) shall meet with the grievant and a Union representative (if requested by the grievant) to discuss the grievance. The Director of Labor Relations or VP Operations (or his/her designee) shall provide a written decision to the Union within fifteen (15) days after the meeting. This meeting shall be held telephonically.

Step Four: Except as provided below, any grievance arising during the term of this Agreement not resolved at Step Three must be submitted to arbitration by submitting a written request thereof to the other party within ten (10) days after the decision of the Director of Labor Relations or VP Operations (or his/her designee). Service of a request for arbitration upon the Employer must be made upon the Director of Labor Relations or VP Operations.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 12

Section 4. No individual grievant may move a grievance to Step Four. Only the Union, by letter or form executed by an authorized Union officer, who is not the grievant, may move a grievance to Step Four.

Section 5. No grievance regarding a dispute as to the interpretation of a Wage Determination, the interpretation of the Contract (as defined on page 1 in this Agreement), the Employer’s adherence to the Contract or the Employer’s adherence to a written request of the Government shall be processed to Step Four since those matters are not arbitrable and no arbitrator shall have jurisdiction over such matters.

Section 6. Following a proper and timely written request for submission to arbitration, the Union shall submit the matter to the Federal Mediation and Conciliation Service ("FMCS") for a panel of seven (7) Arbitrators to select from. The parties shall meet at an agreed upon date & time to strike from the panel and select an Arbitrator. The moving party shall make the first strike in the initial selection process. Thereafter, the parties shall alternate striking from the provided panel. Each party retains the right to reject one entire panel in each case. This meeting may be held telephonically.

Section 7. At the time of the arbitration hearing, either party shall have the right to examine and cross-examine witnesses, as well as a written record of the proceedings shall be made upon the request of either or both parties.

Section 8. The arbitrator’s fee and expenses shall be shared equally by the parties. In all cases, the cost of any hearing room shall be equally shared by the parties. Should either party request a transcript of the hearing, they shall pay the cost fully. If the transcript is requested by both parties then the cost shall be split evenly by the two parties. The expenses and compensation of any witness shall be paid by the party calling such witness or requesting such participant.

Any other expenses shall be borne by the party incurring such expenses.

Section 9. The following matters are not arbitrable and the arbitrator shall have no power and no jurisdiction to:

(a) Add to, subtract from, alter, or in any way modify the terms of this Agreement; or

(b) Establish or modify any wage rate.

Section 10. The arbitrator shall render a decision as soon as possible following the hearing.

Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the parties to this Agreement.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 13

Section 11. Any award of back pay to an individual grieving a discharge, discipline or any other matter shall not predate the date of the grievable event, and shall be offset by all earned income received during the applicable period (including all disability, worker’s compensation, unemployment and other income received). Any award of front pay shall not, in the aggregate, exceed an amount equal to the employee’s earnings for the 12-month period immediately preceding the date of the grievance. The arbitrator shall only have authority to award economic damages and shall have no authority to award non-economic damages such as punitive damages, emotional distress or pain and suffering damages.

ARTICLE 10 - LEAVE OF ABSENCE

Section 1. All leaves of absence shall be granted at the discretion of the Employer and, if appropriate, consistent with applicable federal and state laws. The Employer reserves the right to request from an employee documentary proof of the conditions necessitating the leave of absence. Misrepresentation of the facts on which the basis a leave of absence was granted shall constitute grounds for termination of employment.

Section 2. Non-probationary employees may be eligible for the following unpaid leaves of absence in accordance with the procedures set forth below. All leaves of absence must be applied for in writing, consistent with Employer policy and be submitted prior to the effective date of said leave. Upon receipt of such request, the Employer will respond to the employee in writing either approving or disapproving the leave.

(a) Military Leave

1. The parties to this Agreement shall comply with current applicable state and federal legislation regarding military service. Employees who are members of the United States Armed Forces, Reserve Forces, or National Guard will comply with all terms and conditions of the Uniformed Services Employment and Reemployment Rights Act

(USERRA).

2. Employees in the Reserve or National Guard, who are required for training, will provide management a written notice ten (10) days in advance of the scheduled dates.

The notice will include address and telephone number where employee can be reached during such training.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 14

(b) Medical Leave of Absence

1. The Company agrees to make a reasonable effort to accommodate an Employee’s need for extended medical leave when not protected by law. Leave will not exceed for more than 30 days, unless approved by the Employer. Employees who request medical leave will be required to provide proof of necessity from a licensed provider.

2. During the approved medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Company. Upon the expiration of said leave, the Employee shall furnish the Company with a statement, signed by the provider, which establishes the fitness of the Employee to return to the Employee's previously held work based on the essential duties/responsibilities and physical demands as outline in the job description. Any Employee who is not able to return to work with a medical clearance from a licensed provider at the end of an approved medical leave shall be terminated from Employment.

3. If the Employee files for medical leave on false pretext or works for another Company without preauthorization from the company, the Employee will be terminated from employment with the Employer.

(c) Unpaid Leave of Absence

1. A full-time, non-probationary employee may be granted an unpaid leave of absence consistent with Employer policy. Any request for an Unpaid Leave of Absence must be for good cause, as determined by the Employer, and after the employee has exhausted their vacation.

Section 3. Any employee granted a leave of absence under Medical Leave, must use any accrued, unused, Paid Time off concurrently with the approved period of absence.

Section 4. An employee who engages in other gainful employment without prior written permission from the Employer while on leave of absence shall be subject to immediate discharge, without recourse to the grievance and arbitration provisions of this Agreement.

Section 5. The Employer reserves the right to disapprove any such requests due to operational constraints, or if the approval is cause for the Employer to incur unreasonable overtime costs.

Section 6. Employees shall be responsible for continued payment of insurance premiums for coverage’s purchased through the Employer. Any failure to make continue premium payments shall be cause for the discontinuation of coverage’s as defined in the Employer Summary Plan Document(s).

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 15

ARTICLE 11 - SICK LEAVE

Section 1. Paid sick leave is administered in accordance with the Employer’s policy, which shall be consistent with Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors.

Section 2. Employees shall be entitled to sick leave, based on their continuous prior year of service under the contract, with the Employer. Employees that have completed one year of full time service at the contract year will receive 56 hours of sick leave. Part time or less than full year employees will be prorated to time in service, 1 hour for every 30 hours worked. Sick Leave may be taken in one (1) hour increments.

An employee’s request to use paid sick leave may be made orally or in writing and must be confirmed by a Supervisor. A leave request must be made at least seven (7) calendar days in advance when the need for the leave is foreseeable or otherwise as soon as practicable.

Section 3. If the need to use Sick Leave is unforeseeable, such as an unanticipated illness or injury, the affected employee must notify his or her Supervisor of the inability to work immediately.

Section 4. Employees shall be able to use or cash out no more than fifty-six (56) hours of accrued and unused Sick Leave per government contract year. If an employee desires to cash out, they must make that known to management within two (2) weeks after the start of the new government contract year.

Section 5. Hours paid under this article will not be considered as time worked for the purpose of computing overtime.

Section 6. Health & Welfare will be paid on sick leave hours taken.

ARTICLE 12 - UNION STEWARDS

Section 1. The Union will notify the Company of any duly designated Union stewards and the effective date on which they assume said role.

Section 2. Neither Union stewards nor any other Union official shall interfere with the management of the Company’s business.

Section 3. A non-probationary employee, who is also a Union officer or steward, may request an unpaid leave of absence not to exceed 15 work days per Government contract year in order to attend Union functions. In requesting such leave, the Union shall make every effort to provide thirty (30) days or more notice of such leave, but shall at a minimum be more than fifteen (15) days.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 16

Section 4. Union Leave. A non-probationary employee, who is also a Union officer or steward, may request an unpaid leave of absence per Government contract year in order to attend Union functions.

ARTICLE 13 - HOURS OF WORK, OVERTIME

Section 1. Filling Vacancies - When a vacancy is created by an employee vacating a specific post or work assignment, the Employer shall notify the Union of the vacancy and the Union shall notify its members of the vacancy. Such vacancy shall be posted for five (5) business days.

Notice shall be made apparent to all current members at the time it is posted. Interested members shall submit their interest in writing to the Site Project Manager prior to the deadline provided. Seniority shall be the deciding factor where more than one member expresses interest. This process shall continue until all subsequent openings and assignments have been filled. Should a Union bulletin board be present, the posting by the employer on the bulletin board or if bulletin board is not available, the union will be responsible for providing a binder or notebook that shall meet the requirements of the employer in this section.

Section 2. Notwithstanding anything described in this Article, any post assignment shall be subject to any objection by the Government. Until such time as the posting is filled pursuant to this Article, the Employer may fill the post in its sole discretion.

Section 3. Nothing contained herein shall guarantee to any employee any number of hours of work per day, per week or per shift, however under normal circumstances employees should have a reasonable expectation to work all of the hours in accordance with their bid and awarded post. The employer will make a good faith effort to assign work hours equally and equitably. Further, in order to accommodate any required training, the Employer may temporarily change the post assignment and schedule of any employee with 2 weeks’ notice.

Section 4. An overtime rate of one and one-half (1½) times an employee’s base 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 workweek.

Section 5. Overtime or premium pay shall not be pyramided, compounded, or paid twice for the same hours worked.

Section 6. Employees may be required to work beyond the hours scheduled on a particular day.

In such case, the employee shall be required to work such overtime or beyond scheduled hours unless the employee is excused for good cause. If an employee is not relieved at the end of his/her shift, the employee may be required to remain on post until relieved. Failure to accept assignments or remain on post when not excused by a supervisor shall be grounds for discipline, including without limitation, termination. If an employee is called to work an additional assignment, on the same day, after the conclusion of their scheduled assignment, the

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 17 employee shall be compensated for actual time worked. If the employee is required to travel from one worksite to another, the employee shall be compensated for such travel time.

Section 7. Employees shall sign in and out on form applicable to his/her post. The Employer reserves the right to introduce any form of electronic timekeeping that is compliant with the Client requirements and meets federal/state regulations as they pertain to timekeeping. Prior to implementation, the parties shall meet to discuss the implementation, training, and additional uses of the system(s).

Section 8. The Company will make all effort to schedule no later than Thursday of the week immediately prior to the beginning of the schedule. The schedule may change from time to time and each employee is responsible to check the schedule each workday to see if any changes to the schedule affect them. If a change to the schedule requires an employee to work prior to his or her next originally scheduled workday, the Employer will make reasonable efforts to notify the affected employee.

Section 9. After the schedule is posted, employees may switch post assignments if all of the following are met:

(a) At least two (2) days advance written notice (unless the Employer agrees otherwise) is provided to the Employer and signed by both employees;

(b) The Employer consents to the switch in writing;

(c) Each employee is qualified to work the switched post;

(d) The Employer does not incur overtime as a result of the switch; and

(e) The Employer reserves the right to deny any requests for those employees who habitually abuse the process.

(f) The change does not violate any requirement, or restriction by the client.

The failure of an employee to work an approved switch may be subject to disciplinary action

Section 10. Employees are required to report for work at their scheduled starting times in the proper uniform and with all required equipment. An employee who has been called in to work for an unscheduled duty assignment, and has not been advised either orally or in writing not to report, shall receive a minimum of two (2) hours of pay at his/her regular straight-time hourly rate and may be required to work at any post at the discretion of the Employer.

Section 11. The Company agrees to pay an employee two (2) hours of their base hourly wage if the employee is sent home because of a mix up in the schedule and the employee is on the current schedule to work or the Company may assign the employee to any available post. If two employees show up for work for the same post the most senior person will work the post and the least senior person will be sent home with two (2) hours of pay or the least senior person may be assigned to work any available post. Any employee called into work will be offered at least four (4) hours or half the scheduled hours, whichever is lessor of work or if not

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 18 needed shall compensated for four (4) hours (additional time actually worked after four (4) hours shall be compensated accordingly)

Section 12. If any employee reports to his/her duty station and that duty, station is closed due to bad weather or any order by the Government and the employee was not notified by the Employer, than that employee will be paid two (2) hours of regular pay.

Section 13. If a reduction in coverage by the client is required and security officers’ hours are temporarily reduced, then senior employees will be given preference for work hours available during the reduction.

Section 14. Unplanned/unscheduled overtime is any open posts that the Employer becomes aware of with less than four (4) hours notification. Any unplanned overtime shall be filled at the sole discretion of the Employer.

Section 15. In filling available planned overtime, the employee with the most seniority who signs the overtime list shall be offered overtime on a rotating basis with the other employees signing the overtime list. The Supervisor shall call the employee next on the list at the last recorded phone number. If no answer, the Supervisor shall leave a message about the available overtime. The Supervisor shall then move to the next employee on the list. This process shall continue until the post is filled. If an employee actually declines, that employee will be moved to the bottom of the overtime list. This process will continue until the overtime is filled or the entire overtime list is exhausted once and the process shall not re- start with each planned overtime situation. If an employee accepts the assignment, they will then be moved to the bottom of the list.

If no employees sign the overtime list or if all employees that signed the overtime list refuse as provided herein, then the planned overtime will be filled by the least senior officer eligible to work.

Section 16. No overtime will be worked except by prior direction of the proper supervisory personnel of the Company.

ARTICLE 14 - WAGES

Section 1. The base hourly wages for bargaining unit employees are described in Appendix A of this agreement.

Agreement between Ahtna Professional Services, Inc., / Centerra Group, LLC., & UGSOA Local 299 19

ARTICLE 15 - HEALTH & WELFARE

Section 1. Employees receiving cash-in-lieu as of May 31, 2019, may elect to continue this option. New employees after May 31, 2019 are not eligible for the cash-in-lieu and are bound by Sections 2 through 12 below.

Section 2. The Employer will provide all employees with a Health and Welfare (“H&W”) allowance, for all compensable hours not to exceed forty (40) hours per week, or a maximum of 2080 hours per calendar year. The health and welfare rates for the bargaining unit employees are described in Appendix A of this agreement.

Section 3. For Affordable Care Act purposes, employees who normally work 30 hours or more a week shall be provided the opportunity to enroll in the Employer’s Group Benefit Plan (“Plan”).

The Plan includes:

Medical Plans that meet the minimum value requirements of the Affordable Care Act (“ACA”);

• Voluntary Dental Plan;

• Voluntary Vision Plan;

• Short & Long-Term Disability; and

• Life Insurance.

Section 4. The Employer shall not be responsible for making contributions for eligible employees on approved leave of absence, except as governed by federal or state law.

Section 5. Employees are eligible for coverage on the 1st of the month, following two (2) months of employment. Please refer to the benefits documents for additional information pertaining to these options and their costs. Part-time employees are not eligible for health benefits.

Section 6. Employees must be offered medical benefits/401K and basic life insurance. In the event that the premium rate(s) required by the elected coverage’s of an employee are greater than the H&W allowance provided for in Section 1 of this Article, the Employer agrees to deduct from an employee’s wages the amounts necessary to meet the premium(s) requirement.

Section 7. Enrollment in Employer sponsored medical benefits may be waived by the employee once each calendar year during the open enrollment period.

Section 8.