Attachment L.8 - CBA-2022-52.pdf

ATTACHMENT L.8

GODDARD SPACE FLIGHT CENTER

COLLECTIVE BARGAINING AGREEMENT: CBA-2022-52

REVISION: 0

DATE: 02/01/2022

MARION COUNTY, WEST VIRGINIA

RFP NUMBER: 80GSFC22R0004

CONTRACT NUMBER: TBD

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ALUTIIQ ADVANCED SECURITY SOLUTIONS,

LLC

and the

INTERNATIONAL UNION, SECURITY, POLICE

AND FIRE PROFESSIONALS OF AMERICA

(SPFPA)

SECURITY POLICE OFFICERS

Assigned to the

NASA IV & V Facilities

Located in

Fairmont, WV

DocuSign Envelope ID: EACAB0A1-CA75-4B7E-9A8E-87194ED81F45

TABLE OF CONTENTS

ARTICLE PAGE(S)

Preamble 3

1 Recognition 3

2 Union Security and Check off 4

3 Union Rights 5

4 Management Rights 7

5 Non-Discrimination 7

6 Hours of Work 8

7 General Wage & Miscellaneous Provisions 10

8 Leave of Absence 12 & Appendix A

9 Holidays 14 & Appendix A

10 Vacation 14 & Appendix A

11 Health and Welfare & Other Benefits 14 & Appendix A

12 Discharge and Discipline 14

13 Grievance Mediation and Arbitration Procedure 17

14 Seniority 19

15 Continuity of Operations 21

16 Contract Agency Directives 22

17 Drug and Alcohol 22

18 Arrest Agreement 22

19 Training and Qualification 23

20 Scope of Agreement 24

Appendix “A” 27 – 32

PREAMBLE

This Agreement made this September 1, 2021 entered into by and between Alutiiq Advanced Security Solutions, LLC. (hereinafter referred to as the “Company” or “Alutiiq Advanced Security Solutions, LLC”) and the covered employees of the Company (as defined in Article 1, Section 1.2) located at NASA IV & V Facilities at 5000 NASA Boulevards and 100 University Drive, Fairmont, WV and International Union, Security, Police and Fire Professional of America (SPFPA) (hereinafter referred to as the “Union”). Unless otherwise stated herein for a particular article or section, this Agreement is effective September 1, 2021 for all economic and non-economic terms.

The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties, after exercise of that right and opportunity, are set forth in this Agreement.

It is the intent and purpose of this Agreement to assure sound and mutually beneficial industrial and economic relationships between the parties hereto, to provide an orderly and peaceful means of conducting negotiations and resolving any misunderstandings or grievances, and to set forth herein the basic Agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment.

The Union, the Company and all employees are bound by and hereby pledge their cooperation in observing all provisions of this Agreement consistent with applicable State and Federal Law.

Both parties recognize the principle of a fair day’s work for a fair day’s pay.

ARTICLE I: RECOGNITION

1 1 – Recognition of Union The Company hereby recognizes the Union as the sole and exclusive bargaining representative of “employees” as defined in Section 1.2 of this Agreement.

1.2 – Employees Whenever used in this Agreement, the term “employees” shall mean all full-time and part-time security officers employed by the Employer, and excluding temporary personnel as defined in Section 1.4 of this Agreement, all clerical employees, managerial personnel, project managers, supervisors as defined by the National Labor Relations Act, and all other personnel. It is expressly agreed and understood between the parties that persons enrolled or participating in pre-assignment training programs offered by the Company shall not be considered employees under this Section 1.2.

1.3 – Probationary Employees All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) days from the date of hire or rehire.

Employees will be eligible for the benefits outlined in this agreement after the ninety (90) day probationary period. The Company may discharge probationary employees for any reason at its sole discretion without resort to the grievance and arbitration procedures. However, no employee shall be discharged in violation of any Federal or State Statute.

1.4 – Temporary Personnel “Temporary personnel” are persons hired by the Company for a period not to exceed seventy

(70) days in a calendar year and, who, prior to the commencement of actual work, have executed a written statement acknowledging such duration of employment. A person initially hired under such conditions may not actually work in excess of seventy (70) days in a calendar year, except by mutual agreement of the Company and the Union. The Company, under its contract with the United States Government (hereafter “the Contract”), may provide, hire and use temporary personnel in order to provide full staffing level coverage, increase security levels as needed and avoid overtime; provided it is not the intent of the Company to replace existing full-time vacancies/jobs with temporary employees. Temporary employees may also be in the form of employees assigned to another Contract but needed to help fill a temporary shortage to meet full staffing requirements.

1.5 – Part-time Personnel The Company, under its Contract, may provide part-time positions in order to provide full staffing level coverage, increase security levels as needed and avoid overtime. The part-time employee may be scheduled to work more than a part-time schedule. Part-time employees shall be those employees who work less than thirty (30) hours in a work week. Part-time employees will be required to work no less than sixteen (16) hours a month.

ARTICLE 2: UNION SECURITY AND DUES CHECK OFF

2.1 – Union Security An employee who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, as a condition of continued employment, and 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 in 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 officer 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 of 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 officer, and the Employer will not be required to discharge that officer.

Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

2.2. – Dues Check-Off

The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card provided by the Union. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet including the names, addresses, social security number and local union number of officers and the amount of dues deducted from each, shall be remitted to the Secretary/Treasurer of the Union within fifteen (15) days after the first regular payday of the month and the Employer will provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld.

The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

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

ARTICLE 3: UNION RIGHTS

3.1 – Stewards

A. Recognition. The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize a maximum of two (2) Shop Stewards per shift.

Within ten (10) calendar days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union’s designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, at least two (2) calendar days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in disciplinary interviews consistent with Section 3.1 D of this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union’s Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company’s attention at the time of the occurrence in accordance with the terms of this Agreement.

Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may only be conducted during working time in exceptional cases where agreed upon in advance by the Company and the Union in writing.

Stewards or other employees who conduct Union business on working time, in violation of this provision, shall be subject to discipline under Article 12 of this Agreement. It is expressly agreed and understood between the Parties that the Company may schedule disciplinary interview consistent with Section 3.1 D of this Agreement during working time.

C. Compensation. Stewards shall not be compensated by the Company for performing their duties as a shop steward.

D. Investigatory Interview. Subject to, and in accordance with the National Labor

Relations Act, any investigatory interview between an employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union officer or shop steward unless such officer or shop steward is not reasonably available and exigent circumstances preclude postponement of the investigation.

3.2 – Union Posting The Union may request permission from the Government to use bulletin boards, or other methods of communication, to post notices relating to official Union business or otherwise communicate with employees at facilities where employees work. The decision of whether to allocate bulletin boards, allow posting of notices or permit such communications shall be at the sole discretion of the Government. All Union notices posted shall be signed by an officer of the Union or Shop Steward. Copies of Union notices shall be provided to the Company’s Program Manager twelve (12) hours in advance of posting.

3.3 – Union Activities

Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Company or this Agreement.

3.4 – Government Cooperation The Union acknowledges and agrees that the terms and conditions of this Agreement, and the employee’s employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the Company’s customer, the United States government. The Union agrees to cooperate with the Company in all matters required by the government and to comply with all such government priorities, rules, procedures and restrictions. The Union further agrees that any actions taken by the Company pursuant to a requirement imposed by any agency of the United States government shall not constitute a breach of this Agreement. Any action which any agency of the United States requires or directs the Company to take immediately, may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition of employment, the Company agrees to notify and discuss with the Union the effects of that action.

ARTICLE 4: MANAGEMENT RIGHTS

4.1 – General Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to, the rights, in accordance with its judgment and discretion; to reprimand, suspend, discharge, or otherwise discipline employees for just cause;

to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to promote, demote, transfer, lay off, recall to work, and rehire employees; to set the standards of productivity and/or the services to be rendered; to maintain the efficiency of operations; to determine the personnel, methods, means and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services as permitted under Section 1.4 and 1.6 (as allowed by the applicable government contract); to subcontract, contract out, close down, or relocate the Company’s operations or any part thereof in order to provide full staffing level coverage, increase security levels as needed and avoid overtime; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend and revise policies, rules, regulations, procedures and practices not expressly addressed in this Agreement; and to take whatever action is necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the Company’s employees.

4.2 – Failure to Exercise Rights The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement. This statement of management rights, which remains unimpaired by this Agreement, is not intended to exclude others, which are not mentioned herein.

4.3 – Nature of Work It is recognized and acknowledged that the Company is in the business of providing a service, through its employees, to the Government, its customers and the public. It is therefore essential and expected that all employees will act in a highly professional, courteous manner and will be held accountable for their duties, functions and job requirements. Except for those matters specifically addressed in the Agreement, the Company reserves the sole and exclusive authority to draft, issue, implement, revise, enforce and withdraw reasonable rules of conduct and reasonable regulations as the Company deems necessary. The Company will provide copies of such rules and regulations, and any changes thereto, to the Union.

ARTICLE 5: NON-DISCRIMINATION

The Company and the Union agree that they shall each comply with all federal, state, and local (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws or other status protected by applicable federal, state or local law or regulations. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et sea), Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Rehabilitation Act (29 U.S.C. § 793 et sea.), the Civil Rights Act of 1866 and 1871 (42 U.S.C. §§ 1981 & 1983), Executive Order

11246, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the Civil Rights Act of 1991 (Pub. L. 102-66), the Family and Medical Leave Act of 1993 (29 U.S.C. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C.

§ 4212). Any claim that the foregoing provision has been breached, or that the Company has breached any federal, state, or local civil rights law, shall be resolved exclusively pursuant to binding arbitration as set forth in Section 13.13 after exhaustion of the parties’ internal dispute resolution procedures (steps one through four as described in Sections 13.2 through 13.5).

ARTICLE 6: HOURS OF WORK

6.1 – Purpose of this Article The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company.

6.2 – Workweek The normal workweek shall consist of forty (40) hours and commence at 0001 Sunday and end one hundred sixty-eight (168) hours thereafter.

6.3 – Workday The normal workday shall consist of twenty-four (24) hours beginning at 0001 hours and the normal shift shall consist of eight (8) to sixteen (16) consecutive hours. Changes in hours of work may be made whenever necessary for the purposes of legitimate scheduling requirements such as training or special events. Except in cases of a client emergency, a twenty-four (24) hour notice shall be given in advance of such changes. If the employee is off duty, the supervisor shall make personal contact and maintain a contact log. All such changes on the schedule will be initialed and dated by the supervisor making the change.

No employee shall provide more than sixteen (16) hours of service in any twenty-four (24) hours period unless the work hours are separated by a seven and one-half (7.5) hours non-duty period. Exceptions to this rule are extreme emergencies (i.e. weather conditions that prevent the relief personnel from getting to the building; civil disturbances; natural disasters, etc.) or as directed by management or the client.

The Company will give notice of employee’s regular scheduled days off. When an employee has two days or more scheduled off in the workweek, such days off will be scheduled consecutively, whenever practicable.

Nothing in this Agreement shall be construed as a guarantee of any number of hours of work per day or days per week and nothing in this agreement shall be construed as a limitation upon the Company’s right to schedule hours in excess of, or less than those in the normal workweek.

The Company shall fill all Union replaceable positions that are open on any given day due to sick leave, vacation, bereavement, or any other reason.

As used throughout this Agreement the term “actual work” shall be synonymous with “work time” or “working time” as those terms are defined under the Fair Labor Standards Act.

6.4 – Overtime Work The opportunity to work overtime shall be provided consistent with the Company’s needs and circumstances, and overtime shall be scheduled in order of receipt by the Employee (i.e. “first come, first serve basis).

Employees may be required to work reasonable assignments beyond regularly scheduled hours at the discretion of the Company. The Company has the right to hold over employees until relieved and/or to require an available employee to provide coverage; an employee who refuses to work such additional hours may be subject to appropriate discipline. However, the Company will make every effort to schedule such assignments on an equitable, rotating basis. The Company will attempt to provide two (2) hours’ notice to employees on duty that he or she will be required to work beyond his or her scheduled hours. Employees shall not be held over past sixteen (16) hours unless mandated by emergency conditions.

6 5 – Call in Pay An employee called in to work and who reports for duty will be guaranteed a minimum of four (4) hours pay at their regular hourly rate.

6.6 – Force Policy

A. The force roster will be posted and updated daily, at the beginning of each shift, by the Shift Supervisor, including weekends and holidays.

B. It is the duty of the Shift Supervisor to notify the next two (2) officers when they are next up to be forced at the start of their shift. This notification is a courtesy to the officer allowing them to prepare for extra duty.

C. The Shift Supervisor will give the officers a minimum of three (3) hours notice when they will be getting forced, except in the event of an emergency.

D. The Shift Supervisor will request volunteers to work an open post. This can be achieved by contacting part time officers, off duty full time officers, or officers from the off going shift. If no volunteers are found, the Shift Supervisor will hold over the next officer on the current force roster.

E. Officers, should be held over/forced according to their order on the force roster. Order is arranged by current force date. Should two (2) officers current date be the same, the next order will be arranged by previous force date, then by number of hours worked and so on.

F. In the event of a shift exchange agreement, the officer’s current spot on the force roster will be used as if it is the officer’s regular scheduled day to work.

G. An officer can only be forced to work four additional hours however; the officer can volunteer to work the entire shift. The officer must inform the shift supervisor at the beginning of the additional shift so that the supervisor can find a suitable replacement.

H. Any officer who volunteers to work should not be forced. Exceptions to this rule are only in cases of extreme emergencies to where there are no more full-time officers to force.

I. If an officer is forced, and upon their next shift and they call out, then their force becomes null and void, subsequently having their name remaining at the top of the force roster list.

This measure is to prevent further call outs from occurring, and other officers being forced.

J. Any officer not complying with this policy, or refusing to abide by the current force policy, will be subject to disciplinary action. Any unresolved disputes regarding the Force Policy may be brought directly to the Program Manager by the Union.

6.7 – Shift Exchanges

A. Shift exchanges must take place in the same work week.

B. Exchanges must be submitted forty- eight (48) hours prior to the date of the exchange, except in cases of client emergency where 48 hours notice was unable to be made.

C. Exchanges must be signed by both officers.

D. Exchanges involving two (2) different shifts need signatures from both Supervisors from each shift.

E. Notification of approval or denial of a shift exchange will be given back to one of the parties no later than twenty-four (24) hours after submittal of such request.

F. Any cancellation of a shift exchange agreement by either Officer must be made to the Supervisor twenty- four (24) hours in advance, allowing the other Officer time to find another Officer to do the exchange, or to prepare for their regularly scheduled shift.

G. While performing a shift exchange, the Officer’s current position on the force roster will be used as if it were the Officer’s regular scheduled day and shift to work, as pursuant to Article 15 Section 8.

H. Any Officer canceling with less than 24 hours’ notice will be restricted from any shift exchange for two (2) months.

I. Any Officer who does not report for duty will be treated as a no call/no show and restricted from exchanges for three (3) months and may be subject to disciplinary action.

ARTICLE 7: GENERAL WAGE & MISCELLANEOUS PROVISIONS

7.1 – General All employees shall receive not less than the minimum wage rates as set forth in the scheduled job titles and wage rates reflected in Appendix “A”. Employees shall be paid the pay rate associated with the post to which they are assigned.

7.2 – Straight time rate of pay See Appendix “A”.

7.3 – Overtime Pay

Overtime pay is calculated at one and one-half (1 1/2) times the employee’s straight time rate of pay for all hours worked in excess of forty (40) hours of actual work in any single workweek.

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

7.4 – Undisputed Error In case of an undisputed error on the part of the Company as to an employee’s pay, proper adjustment will be made on the next scheduled paycheck, or sooner as practically possible. If the error is one hundred dollars ($100.00) or more, the Company will make the adjustment after being provided with the required payroll adjustment form and/or applicable documentation to support the pay error. If the error was caused by the Employee, the adjustment will be made within five (5) business days. If the error was caused by the Company, the adjustment will be made within three (3) business days. The Company agrees to provide the Employee with a payroll time sheet specifying dates, shift and posts worked in order to ensure accurate pay at close of payroll for that period.

7.5 – Personal Data

Employees shall promptly notify the Company’s Human Resources Department, through their supervisor, in writing on a Company-provided form of any change of name, address, or telephone number within ten (10) business days of such change. The Company shall be entitled to rely upon the last known address in the Company’s official record.

7.6 – Pay Dates

Wages will be paid semi-monthly on the 10th and 25th days of the month. In the event that a regularly scheduled payday falls on a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday.

7.7 – Break Periods All productive security officers shall be provided at a minimum a fifteen (15) minutes paid break for every four (4) hours worked.

7.8 – Part-Time Employees A Part-time employee is defined as one who is regularly scheduled to work less than thirty (30) hours within a workweek. Part-time employees shall be used to work scheduled requirements only when the requirement results from the absence of a regularly scheduled employee or when work requirements do not call for a full- time employee. Notwithstanding the above, nothing contained in this Agreement shall limit or prevent the employer from hiring or assigning additional employees to work in excess of 30 hours, for the purpose of meeting temporary work requirements.

Part-time employees shall only have seniority under this Agreement with the exception however that (1) they will have seniority amongst part-time employees and (2) part-time employees shall have seniority solely as pertains to layoffs and recall.

Part-time employees will be required to work no less than 16 hours in a month.

Part-time employees have the authority to “bump” (replace) a full-time Officer from the sign up board for the purposes of preventing overtime.

7.9- Safety From time to time, the Company will develop policies and procedures to ensure employee safety, covering topics such as weapons or DOT Compliance/Motor Vehicle Safety. Before implementing, the Company will forward such to the Union for review before implementation to allow the opportunity, if requested, to discuss and/or bargain the effects of such policies and procedures.

ARTICLE 8: LEAVES OF ABSENCE

8.1 – Jury/Witness Duty A full time employee who has completed his or her probationary period and who is required to report for jury duty or has been subpoenaed as a witness shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of ten

(10) workdays; provided, however, in order for the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty notice or subpoena. Employees will not be compensated for participation in any proceeding in which they are a party in the case (plaintiff or defendant), or where they are appearing as a witness against the Company, unless required by law.

For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay, less the amount received by the employee from the court or government agency. No compensation shall be paid by the Company for jury duty on Saturdays, Sundays and holidays unless the employee had been scheduled to report to work on such Saturday, Sunday or holiday. Jury service pay will be paid to full time employees only. The Company reserves the right to request an exemption or postponement of jury service.

An employee who reports for such service and is excused there from shall immediately contact his immediate supervisor and stand ready to report for work, if requested. In order to be paid by the Company for such leave, the employee must submit to the Company’s Payroll Department, through their supervisor, written proof, executed by the administrator of the court, of having served, the duration of such service, and the amount of compensation received for such service.

If an employee is called as a witness to a crime on the facility, then he/she shall be compensated for all time spent in testifying or cooperating with prosecuting officers; provided however, that any witness fees tendered to the employee shall be delivered to the Company.

8.2 – Military Leave

The Company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. (“USERRA”). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave. If covered by Company benefits, it is the employee’s responsibility to coordinate continued coverage with the Company and to pay any health insurance premiums as applicable. Payment of premiums is to be made by cashier check or money order.

8.3 – Bereavement Leave.

8.4 – Family and Medical Leave.

A. Leave Entitlement. An employee who has been employed by the Company for 12 months and who has completed 1250 hours of work during the 12-month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act (“Act”) in accordance with its provisions. Employees granted such leave will be required to use any accrued but unused leave balances prior to going into an unpaid status.

This leave time will count towards their total leave time allowed under the Act. If covered by Company benefits, it is the employee’s responsibility to coordinate continued coverage with the Company and to pay any health insurance premiums as applicable. Payment of premiums is to be made by cashier check or money order.

B. Year for Purposes of Determining Leave Entitlement. For purposes of determining an employee’s leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuring period.

8.5 – Personal / Non-FMLA Related Leave of Absence An employee who has completed his or her probationary period may request a leave of absence for personal or non-FMLA related medical reasons. The maximum amount of such leave an employee is allowed to take is eighteen (18) weeks in a 12-month period. Any combination of non-FMLA and FMLA leave may not exceed this maximum limit. Any such request must be in writing and state the reason for and length of the desired leave. Employees granted such leave will be required to use any accrued but unused leave balances prior to going into an unpaid status. If covered by Company benefits, it is the employee’s responsibility to coordinate continued coverage with the Company and to pay any health insurance premiums as applicable.

Payment of premiums is to be made by cashier check or money order.

Leave under this Section shall be allowed provided it does not interfere with the Company’s business and scheduling needs. Upon giving notice of intent to return to work, an employee shall be scheduled to report to his or her former shift and site, if available. If the employee’s former shift or site is not available, the employee shall be assigned a shift and site as the Company determines necessary to its scheduling needs. Employees on leaves of absence who accept other employment during such leave, or who do not return to work on such terms as required by the Company, shall be considered as having voluntarily resigned. It is expressly agreed and understood between the parties that any alleged violation of this section shall be subject to the grievance procedures set forth in Section 13.1 through Section 13.5 but shall not be subject to the arbitration procedures. It is further agreed that the resolution of such grievance in accordance with the procedures set forth under Section 13 shall be final and binding

8.6 – Notice of Absence An employee who foresees that they will be absent due to anticipated medical reasons (including dental and medical examinations) must provide the Company two weeks’ notice of his/her anticipated absence (or if two weeks’ notice is not practical then as soon as possible), regardless of the length of the anticipated absence. Failure to do so will result in disciplinary action up to and including termination. Where the Family Medical Leave Act does not apply, the Company shall try (but not be obligated) to accommodate the employee’s request for leave.

8.7 – Medical Certifications An employee who is absent due to illness or injury or for other medical reasons (including dental and medical examinations) for more than three (3) consecutive work days shall be required to provide to the Company’s Shift Supervisor, through their supervisor, a completed medical release from his/her physician certifying that the employee is able to return to work on the day of returning to work. If the Company questions the physician’s statement submitted by the employee, the Company may require the employee to obtain a second opinion by a physician selected by the Company, at the Company’s cost. If the opinion of the first physician and the second physician differ, the Company may require the employee (at the Company’s expense) to obtain a third opinion from a mutually agreed upon physician, whose opinion shall be final and binding. Where an employee fails to provide medical certification under this Article, or where the medical certification does not support the employee’s absence, the employee will be subject to disciplinary action, up to and including termination, in accordance with Article 12 of this Agreement. An employee who does not provide medical certification that he/she is able to return to work, if required or requested by the Company under this section, will not be permitted to return to work.

Where an employee takes leave pursuant to the Family and Medical Leave Act as set forth above, the provisions of the Company’s policies under that Act shall control and will supersede any provision of this Article which is inconsistent with the Act or the Company’s policies under the Act.

8.8 – Union Leave

The Company agrees to grant two (2) Union officers or delegates a leave of absence upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union, provided it does not affect the operating efficiency of the Company and the Company has been provided fifteen (15) days advance notice. Union leave shall be limited to ten (10) working days per calendar year and shall be unpaid.

8.9 – Rate of Pay

Except as otherwise provided in this Article 8, for any paid leave taken under this Article 8, an employee shall be compensated at the straight-time rate of pay at the time the leave is taken.

Except as otherwise specifically provided in this Article 8, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

8 10 – Seniority Seniority shall accumulate during any approved leave of absence.

ARTICLE 9: HOLIDAYS

ARTICLE 10: VACATION

ARTICLE 11: HEALTH AND WELFARE & OTHER BENEFITS

ARTICLE 12: DISCHARGE AND DISCIPLINE

It is expressly agreed and understood that the Company shall have the right to establish and modify from time to time disciplinary and other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same. Prior to making any change to disciplinary rules, the Company will meet and confer with the Union. In imposing any discipline on a current charge, management will not take into account any prior infractions, which occurred more than one (1) year previously. When practicable, the Company will present the discipline within seven (7) consecutive business days of the date of the infraction.

Consecutive business days are defined as Monday thru Friday 0600 hours to 1800 hours excluding holidays that fall on a consecutive day.

12.1 – Just Cause No employee shall be discharged or disciplined without just cause, and discipline and discharge matters shall be subject to the grievance and arbitration procedures contained in Article 13 of this Agreement. However, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the penalty imposed by the Company for a proven violation of any of the following:

A. Violation of Rules and Regulations of Government Public Building and rounds, NASA under Title 18 799.

B. Neglect of Duty, including sleeping while on duty, insubordination, including deliberate failure to carry out assigned tasks, conducting personal affairs during official time. The term “personal affairs” as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provisions of their care provided that such activities have been approved by the employee’s supervisor. Long distance telephone calls shall not be made at government expense.

C. Use or display (in plain sight) of personal electronic devices not used in the normal course of Company business. These devices include, but are not limited to, cellular telephones, personal computers, games, video recorder/player, audio recorder or player and other electronic communication devices.

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

E. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

F. Theft, vandalism or criminal acts.

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

H. Improper use of official authority or credentials.

I. Unauthorized use of communications equipment or Government property.

J. Misuse of weapon(s) or possession of private firearm on the job.

K. Violation of Government security procedures or regulations, including, without limitation, those set forth in the NASA protective regulations.

L. Violation of state or federal laws regarding the possession or use of a firearm.

M. Post abandonment/leaving post prior to being properly relieved.

N. Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation.

O. Falsification of time records.

P. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.

Q. Sexual, racial or verbal harassment in violation of company policy.

12.2 – Standards of Conduct It is acknowledged and recognized that the Company is in the business of providing security services to the United States government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Company and the Union that all employees shall act in a highly professional, courteous manner and shall be held responsible for their duties, functions and job requirements. Deviation from or failure to meet this standard shall constitute just cause and result in disciplinary action, up to and including termination, pursuant to the provisions of Section 12.1.

It is also recognized that timely and consistent attendance is a fundamental requirement of security positions; that the importance of good attendance is to prevent disruption to fellow employees’ schedules/disruption to contract operations/overtime/ open posts; that a minimum of four hours advanced notice is required for any call-off; that four or more absences within a four-month period is considered chronic absenteeism; that abuse of attendance and other conduct rules will be subject to disciplinary action, up to and including termination of employment as set forth in the disciplinary matrix which may be amended from time to time by the Company pursuant to Article 4.

12 3 – Government Action If the contracting agency, or other government agency, directs that a specific employee be removed from the contract or otherwise disciplined, any such action directed may be undertaken by the Company and shall not be subject to the grievance or arbitration procedures of Article 13 of this Agreement. In the event that the contracting agency or other government agency expressly directs the removal or discipline of a contract employee, the Company agrees to cooperate with the Union by providing it with available information concerning the incident within five (5) consecutive business days of such direction by the contracting agency or other government agency. It is expressly understood that such government action does not create an obligation on the Company to relocate or reassign employee to any other contract.

12.4 – Voluntary Quits An employee shall be deemed to have voluntarily quit employment with the Company, and the separation of the employee from the Company will not be subject to grievance, mediation and arbitration procedures of this Agreement, if:

A. An employee who takes medical leave fails to notify the Company within two (2) days after he or she is able to return to work.

B. The employee becomes ineligible to work on the Company’s contract because he or she has failed to successfully complete training, testing and other qualifications mandated by the Government in its contracts with the Company.

C. The employee fails to report to work within forty-eight (48) hours after the expiration of an approved leave period without contacting the Company and providing verifiable evidence of their inability to return as scheduled.

D. The employee fails to respond within five (5) days of receiving a notice of recall.

12.5 – Documentation The Company will provide the Union with 1 copy of any Discipline or Discharge Form at the time of notice to the employee.

ARTICLE 13: GRIEVANCE MEDIATION AND ARBITRATION PROCEDURE

13.1 – General Provision In order to establish effective machinery for a fair, expeditious and orderly adjustment of grievances, the parties agree that in the event any complaint or grievance arises over the interpretation or application of any provision of this Agreement, there will be an earnest effort to settle such complaint or grievances by the following procedure, the last step of which will be binding arbitration. In order to maintain the integrity of the grievance process, and to alleviate the use of the grievance process from becoming an individual’s platform, the Union has the responsibility for reviewing and submitting only those grievances that are considered to have validity in its good faith judgment.

The parties expressly acknowledge that the duty to use this grievance procedure, including binding arbitration, includes any and all disputes between any employee and the Company (and the Union and the Company) arising out of or relating to any employee’s employment with the Company, whether grounded in contract, tort or statutory law (including but not limited to federal, state and local civil rights and employment laws such as Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, and the Fair Labor Standards Act). This duty to arbitrate shall apply to all claims which the employee believes he/she may have against the Company, its affiliated companies or any of its officers, owners, directors, employees or agents.

Consecutive Business days is defined as Monday thru Friday 0600 to 1800 hours excluding holidays that fall on a consecutive business day.

13.2 – Step 1 An employee or Union steward, who becomes aware of a situation and believes he/she has a justifiable complaint or grievance, shall promptly discuss it with their supervisor within seven (7) working days in an attempt to settle the matter. If the matter is brought forward by the employee, a Union representative may be present during the discussion if requested by the employee. If the matter is brought forward by the Union steward, the steward must have the affected employee’s agreement in writing prior to presenting the grievance/compliant on his/her behalf.

13.3 – Step 2 If the employee or Union steward is dissatisfied with the response of the immediate supervisor in Step 1, the grievance must be elevated to the Program Manager, in writing, within seven (7) consecutive business days. The Program Manager shall have seven (7) working days from the date of receipt of the grievance to respond in writing. The Union and the Company may participate in Step 1 and Step 2 by telephone, fax or other electronic means.

13.4 – Step 3 If the matter is not resolved at Step 1 or Step 2 of the grievance procedure, the grievance, to be valid, must be presented to the Vice President of Operations in writing, signed by the employee and Union Representative specifying the Article(s) and Section(s) of the Agreement believed violated and stating what relief is sought, no later than seven (7) consecutive business days following the written rejection at Step 2. The Vice President of Operations shall answer the grievance in writing within fourteen (14) working days after receipt of said grievance.

13.5 – Step 4 If the Company’s answer is not satisfactory, a representative of the Union will meet and discuss the grievance with the Director, Operations. The Company must reply to the Union within fourteen (14) consecutive business days excluding Saturdays, Sundays and holidays, of said meeting.

13 6 – Failure to Resolve Grievance Grievances which have been processed in accordance with the foregoing requirements and which remain unsettled may be processed by the Union to arbitration pursuant to Section 13.7 or Section 13.13 as applicable.

13.7 – Contract Based Grievances The Union, within ten (10) consecutive business days after the rejection of the grievance by the Company’s designated representative shall notify the Company in writing of its intent to invoke arbitration, and the Company and the Union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case. Should the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service to supply a list of arbitrators to hear the case. A copy of this request will be sent to the Company. This request will be made within five (5) consecutive business days after failure of the parties to agree upon an arbitrator. An arbitrator will be selected from a list supplied by the Federal Mediation and Conciliation Service by the parties alternately striking from the list until one name remains, and this individual will be the arbitrator to hear the case.

13.8 – Procedures In the event of arbitration pursuant to Section 13.7, the parties shall execute a submission agreement.