Attachment M.3 - CBA-2022-42.pdf

ATTACHMENT M.3

HEADQUARTERS

COLLECTIVE BARGAINING AGREEMENT: CBA-2022-42

REVISION: 1

DATE: 01/28/2022

WASHINGTON, DISTRICT OF COLUMBIA

RFP NUMBER: 80GSFC22R0004

CONTRACT NUMBER: TBD

1/28/22, 2:19 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/70291/document 1/1

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2022-42

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 01/28/2022

State: District of Columbia

Area: Washington, D.C.

Employed on NASA HEADQUARTERS contract for Security Support Staff.

Collective Bargaining Agreement between contractor: Diversified Protection Corporation, and union: National Union Special Police Officers Local , effective 05/01/2021 through 04/30/2022.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

AGREEMENT

BETWEEN

National Union of Special Police Officers NUSPO affiliated with United Federation LEOS-PBA

AND

DIVERSIFIED PROTECTION CORPORATION

FOR SECURITY SUPPORT STAFF AT:

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

HEADQUARTERS BUILDING

300 E. STREET SW, WASHINGTON, DC

Contents

PREAMBLE

ARTICLE 1 – RECOGNITION

Section 1.1 – Recognition of Union Section 1.2 – Employees Section 1.3 – Temporary Personnel Section 1.5 – Part-time Personnel Section 1.6 – Employee Classification

ARTICLE 2 – UNION SECURITY AND DUES CHECK-OFF

Section 2.1 – Union Security Section 2.2 – Dues Check-off

ARTICLE 3 – UNION RIGHTS

Section 3.1 – Recognition Section 3.2 – Government Cooperation

ARTICLE 4 – MANAGEMENT RIGHTS

ARTICLE 5 – NON-DISCRIMINATION

ARTICLE 6 – HOURS OF WORK

Section 6.1 – Purpose of this Article Section 6.2 – Workweek Section 6.3 – Workday Section 6.4 – Overtime Work

ARTICLE 7 – GENERAL WAGE & MISCELLANEOUS PROVISIONS

Section 7.1 – General Section 7.2 – Straight Time Rate of Pay Section 7.3 – Overtime Pay Section 7.4 – Undisputed Error Section 7.5 – Personal Data Section 7.6 – Pay Dates Section 7.7 – Break Periods Section 7.8 – Shift Bid

ARTICLE 8 – LEAVES OF ABSENCE

Section 8.1 – Jury/Witness Duty Section 8.2 – Military Leave Section 8.3 – Bereavement Leave Section 8.4 – Family and Medical Leave Act Section 8.5 – Personal/Non-FMLA Related Leave of Absence Section 8.6 – Personal/Sick Leave (PSL) Section 8.7 – Notice of Absence Section 8.8 – Medical Certifications Section 8.9 – Union Leave Section 8.10 – Rate of Pay Section 8.11 – Seniority

ARTICLE 9 – HOLIDAYS

ARTICLE 10 – VACATION

ARTICLE 12 – DISCHARGE AND DISCIPLINE

Section 12.1 – Progressive Discipline for Lesser Offenses Section 12.2 – Unexcused Tardiness Section 12.3 – Discipline for Major Offenses Section 12.4 – Standards of Conduct Section 12.5 – Government Action Section 12.6 – Voluntary Quits

ARTICLE 13 – GRIEVANCE MEDIATION AND ARBITRATION PROCEDURE

Section 13.1 Section 13.2 Section 13.3 – Step 1 Section 13.4 – Step 2 Section 13.5 – Step 3 Section 13.6 Section 13.7 Section 13.8 Section 13.9 – Failure to Resolve Grievance Section 13.10 – Arbitration Section 13.11 – Decision of the Arbitrator Section 13.12 – Limitation on Arbitrator’s Authority

ARTICLE 14 – SENIORITY

Section 14.1 – General Provision Section 14.2 – Posting Section 14.3 – List Section 14.4 – Accepting Position Outside Unit Section 14.5 – Loss of Seniority Section 14.6 – Reductions in Force Section 14.7 – Call Back Section 14.8 – Employee Unable to Report Section 14.9 – Loss of Seniority Section 14.10 – Notice to Company Section 14.11 – Equal Seniority Section 14.12 – Resolution of Disputes

ARTICLE 15 – CONTINUITY OF OPERATIONS

Section 15.1 – No Strikes Section 15.2 – No Lockouts

ARTICLE 16 – CONTRACT AGENCY DIRECTIVES

ARTICLE 17 – DRUG AND ALCOHOL

ARTICLE 18 – ARREST AGREEMENT – ADVERSE INFORMATION REPORTING

ARTICLE 19 – TRAINING AND QUALIFICATION

Section 19.1 – General Section 19.2 – Trainers Section 19.3 – Payment Section 19.4 – Failure to Successfully Complete

ARTICLE 20 – SCOPE OF AGREEMENT

Section 20.1 – Duration Section 20.2 – Separability Section 20.3 – Successors and Assigns

Section 20.4 – Interpretation Section 20.5 – Labor Management Meeting

APPENDIX A

Wage Schedule Health & Welfare Workers Compensation Personal/Sick Leave Vacation 401k Plan Uniform Allowance Holidays Bereavement

PREAMBLE

This Agreement is entered into by and between Diversified Protection Corporation (hereinafter referred to as the “Company” or the “Employer”) and the covered employees of the Company (as defined in Section 1.2) located at NASA Headquarters, located at 300 E. Street SW, Washington, DC, and the National Union of Special Police Officers NUSPO affiliated with United Federation LEOS-PBA, (hereinafter referred to as the “Union”). Unless otherwise stated herein, the Agreement is effective May 1, 2021 for all economic terms, and upon signing for 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 bargain, 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 of 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 and 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 1 – RECOGNITION

Section 1.1 – Recognition of Union The Company hereby recognized the Union as the sole and exclusive bargaining representative of its Employees, as defined in Section 1.2 of this Agreement.

Section 1.2 – Employees Whenever used in the Agreement, the term “employees” shall mean all full-time and part-time Security Support, security assistants, security specialists, badging technicians and security receptionists employed by the Employer, and excluding temporary personnel as defined in Section 1.4 of this Agreement, managerial personnel as defined by the National Labor Relations Act, and all other personnel, (Case 05-RC-094358). 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

Section 1.3 – Temporary Personnel Temporary personnel are persons hired by the Company for a period not to exceed ninety (90) days in a calendar year and, who, prior to 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 ninety (90) days in a calendar year, expect 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 level as needed and avoid overtime; provided it is not the intent of the Company to replace existing full-time vacancies/job 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.

Section 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 employees 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 per week.

Section 1.6 – Employee Classification Employees who regularly work thirty-two (32) to forty (40) hours per week shall be considered “full-time”. Employees who work less than thirty-two (32) hours per week shall be considered part-time as defined in Section 1.5 above.

ARTICLE 2 – UNION SECURITY AND DUES CHECK-OFF

Section 2.1 – Union Security All employees assigned to the employment sites herein reference, hereafter employed by the Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

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, 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, whoever employed under, and for the duration of, this Agreement.

Employees meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering 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, 3737 U.S. 734 (1963) and Beck v. Communication 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 the discharge. In the even the Union subsequently determines that he 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 employee.

Anything herein to the contrary notwithstanding, an employee 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 an any location other than an enclave where 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.

Section 2.2 – Dues Check-off The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of Employees who voluntarily authorize the Employer to do so on a peppery executed payroll deduction card. 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 Employees 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.

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 dates 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 Employers 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

Section 3.1 – Recognition The company recognizes the right of the union to designate Shop Stewards. The company agrees to recognize a maximum of one (1) Shop Steward per shift. Within 10 calendar days of the execution of this agreement, the Union shall furnish to the company, in writing, the name of the union’s designated steward. Changes to these assignments shall be provided by the union to the company, in writing, at least two calendar days of such change becoming effective.

A. The company agrees to recognize a steward system.

B. The Shop Steward shall not interfere with the management of the business or direct any work of an Employee, but may advise the Company of any violations of the agreement and also notify the Employee participating therein.

C. The Union agrees that the union representatives and aggrieved employees will work at their regular jobs at all times except when they are properly relieved and with the permission of management to attend all the business of the Grievance Procedure as outlined in this Agreement. Stewards shall act as an employee first at a steward second. Aggrieved employees will be paid their regular rate of pay in the conduct of Company-Union business during scheduled working hours.

D. At the Employee’s request, the Company will call for union representative prior to any disciplinary action taken, whether it be written or verbal, providing the employee requests such representation. The supervisor, at the request of the Employee, will release the union representative as soon as possible. The union representative shall be paid for that time spent meeting with the company. If no union representative is available, the employee may proceed without a union representative or reschedule the discussion within 24 business hours with the agreement of management. If no union representative is available, management shall have the right to proceed with issuing any disciplinary or other action but will refrain from making any statement from the employee until union representation is provided within the 24 hour business.

Section 3.2 – Government Cooperation The Union acknowledges and agrees that the terms and conditions of this agreement, and the employees’ employment with a 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 an agency of the United States government shall not constitute a breach of this agreement. Any action which an agency of the United States required or directs the company to take immediately, may be taken without prior notice to or discussion with the Union, however, whenever such action affects the term or condition of employment, the company agrees to notify and discuss with the union the effects of that action.

ARTICLE 4 – MANAGEMENT RIGHTS

Management of the business and direction of the security force are exclusively the right of management. These rates include but are not limited to the right to:

A. Hire;

B. Assign work and schedule;

C. Promote, demote, layoff, transfer except as defined in this agreement;

D. Discharge, discipline, or suspend for just cause;

E. Make and enforce reasonable employer rules and regulations;

F. Determine when overtime shall be worked;

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

H. Determine the size and composition of the workforce including the number of, if any, employees assigned to any particular shift and the number of fulltime and part-time employees;

I. Determine, direct work operations;

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

K. The right to establish job descriptions and classifications and require employees covered by this agreement to perform any job work asked deemed necessary by the company, as long as it is related to his principle duties provided the assignment is lawful and safe and that the employee is qualified to perform it;

L. Sell, lease, shut down or otherwise dispose of its assets or business operations.

ARTICLE 5 – NON-DISCRIMINATION

Neither the company nor the union will discriminate against any employee because of race, color, religion, sex, age, national origin, military veteran status, disability, sexual orientation or other protected reason. The company and the union recognize that the objective of providing equal employment opportunities for all people is consistent with company and union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

ARTICLE 6 – HOURS OF WORK

Section 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 the 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 in personnel needs shall be the sole prerogative of the company.

Section 6.2 – Workweek The normal workweek shall consist of seven days and shall start and 12:00 AM Sunday and shall and the following Saturday at 11:59 PM.

Section 6.3 – Workday The normal workday shall consist of a 24-hour period beginning at 0001 hours and shall end of 2400 hours. The normal shift shall consist of six, eight, or 12 consecutive hours. Changes in hours of work may be made whenever necessary for the purpose of legitimate scheduling requirements such as training or special events. If changes are to be made (i.e. vacation scheduling, emergencies, vacancies, or unforeseen assignments), the supervisor will make every effort to change as few employees’ schedules as possible. The supervisor will notify all affected employees of such changes. It is the employee’s responsibility to check the posted schedule to ensure they keep abreast of any scheduling updates.

Nothing in this agreement shall be construed as a guarantee of any number of hours worked per day or days per week and nothing in this agreement shall be construed as a limitation on the company’s right to schedule hours in excess of, or less then, those in the normal workweek.

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

Section 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 seniority whenever practical but will normally be scheduled to those with the lowest schedule hours to prevent unnecessary overtime. Where seniority is equal between two bargaining unit employees, the overtime hours shall be given to the employee who made the request first.

Employees may be required to work reasonable assignments beyond regularly scheduled hours at the discretion of the company. The company has the right to holdover 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. The company will attempt to provide 2 hours’ notice to employees on duty that he or she will be required to work beyond scheduled hours.

ARTICLE 7 – GENERAL WAGE & MISCELLANEOUS PROVISIONS

Section 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.” Employee shall be paid the pay rate associated with the job titles to which they are assigned.

Section 7.2 – Straight Time Rate of Pay See Appendix “A.”

Section 7.3 – Overtime Pay Overtime pay is calculated at one and one-half (1 ½) times the employee straight time rate of pay for all hours worked in excess of 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.

Section 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 $100 or more, the company will make the adjustment within 72 hours of been provided with the required payroll adjustment form and/or applicable documentation to support the pay error.

Section 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 10 business days of such change. The company shall be entitled to rely upon the last known address in the company’s official records.

Section 7.6 – Pay Dates Wages will be paid bi-weekly as per the company’s normal pay cycle, subject to change by written agreement by the company and the union. In the event a regularly scheduled payday falls on a holiday, employees will receive pay on the last day of work before the regularly scheduled payday.

Section 7.7 – Break Periods All Security Support shall be provided paid breaks and lunch is as follows:

• Less than 4 hours = No break

• 4 hours = one 15-minute break

• 6 hours = one 15 minute break and 30 minute lunch

• 8 hours = two 15-minute breaks and 30 minute lunch

• 12 hours = three 15 minute breaks and 30 minute lunch

The lunch periods shall be paid. Employees are required to remain on site during the employee’s lunch break and are required to respond to emergency calls during their lunch break.

Section 7.8 – Shift Bid Once every six months, employees will be afforded the opportunity to participate in a shift bid.

ARTICLE 8 – LEAVES OF ABSENCE

Section 8.1 – Jury/Witness Duty A full time employees who has completed his or her probationary period and who is required to report for jury duty or who has been subpoenaed as a witness shall be entitled to leave with pay for regularly scheduled hours of work for the time spent in such service up to a maximum of 10 work days; provided, however, in order for the employee to be eligible for compensation, the employee must have notified the company within 48 hours of receiving the jury duty notice or subpoena.

Employees will not be compensated for participation in any proceeding in which they are 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 shall be compensated by the company and 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 therefrom 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 services and the amount of compensation received for such services.

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

Section 8.2 – Military Leave The company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 33 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.

Payments of premiums are to be made by cashier check or money order.

Section 8.3 – Bereavement Leave

Section 8.4 – Family and Medical Leave Act

A. Leave Entitlement: An employee who has been employed by the company for 12 months and 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 in accordance with its provisions. Employees granted such leave will be required to use any accrued but unused leave balances prior to going into unpaid leave status. This leave time will count toward their total leave time allowed under the act. If covered by company benefits, it is the employees responsibility to Courtney 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.

Section 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 his 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 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 Article shall be allowed provided 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 leave 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.

Section 8.6 – Personal/Sick Leave (PSL)

Section 8.7 – Notice of Absence An employee who requires unforeseen leave must call off at least two (2) hours before the scheduled shift begins in order for the absence to be considered excused. If an employee calls off with less than t w o (2) hours’ notice, the absence may be considered excused or unexcused, depending upon the specific circumstances, at the Company’s discretion.

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, than as soon as possible, regardless of the length of the anticipated absence.

Failure to do so is often disciplinary action up to and including termination. When the Family Medical Leave Act does not apply the company shall try (but not be obligated) to accommodate the employee’s request for leave.

Section 8.8 – Medical Certifications An employee who is absent due to illness or injury or for other medical reasons (including dental and medical examinations) for three or more consecutive work days shall be required to provide to the company’s Human Resources department, through their supervisor, a complete medical release from his/her physician certifying that the employee is able to return to work on the day of returning to work or as requested by the employer. 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 position 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 on under this article 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 the 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.

Section 8.9 – Union Leave The company agrees to grant o ne (1) union Employees 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 15 days advance notice. Union leave shall be limited to five working days per calendar year and shall be unpaid.

Section 8.10 – 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 accrued during such leave.

Section 8.11 – 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 in disciplinary rules, the company will meet and confer with the union. Disciplinary actions imposed by the company will remain active on the employee’s record for a period of one year from the date of the offense.

Section 12.1 – Progressive Discipline for Lesser Offenses Generally, discipline shall be applied in the following manner:

A. With respect to an employee’s first offense of any manner, the employee will be given a written/verbal reprimand upon completion of the investigation and adjudication procedure.

B. When an employee as a second offense of any manner, the employee will be given a written reprimand upon completion of the investigation and adjudication procedure.

C. The when an employee has a third offense of any manner, the employee shall be suspended without pay for a period of 1 to 3 days at the sole discretion of the employer

D. The with respect to an employee fourth offense of any manner, the employee shall be terminated.

All discipline that is more than 12 months old will not be considered for progressive discipline.

Generally, disciplinary decisions for lesser offenses will be rendered within seven (7) days and disciplinary decisions for major offenses will be rendered within fourteen (14) days. The parties acknowledge that, under certain circumstances, individual cases may take longer to evaluate, in which case an extension of time will be requested and shall not be unreasonably denied.

Section 12.2 – Unexcused Tardiness Disciplined for unexcused tardiness of 15 minutes or less shall be applied as follows. This tardiness is defined from the start of their assigned shift. Unexcused tardiness is defined as failure to call in, or failure to provide a verifiable excuse for the tardiness. Acceptable reasons that may result in excused tardiness include, but are not limited to, situations that are outside of the employees control (example:

documented public transit breakdown, weather related delay, or documented sudden series illness).

A. With respect to a first unexcused tardiness or call off, the employee shall be given a written verbal reprimand upon completion of the investigation and adjudication procedure.

B. With respect to a second unexcused tardiness recall off, the employee shall be given a written reprimand upon completion of the investigation and adjudication procedure.

C. With respect to a third unexcused tardiness, the employee shall be suspended without pay for a period of three days at the sole discretion of the employer.

D. The with respect to a fourth unexcused tardiness or call off, the employee shall be terminated.

E. The disciplinary matrix shall not apply to no-call/no-shows, which are considered serious offenses and are subject to disciplinary action up to termination.

Section 12.3 – Discipline for Major Offenses 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 Grounds, 41 CFR § 101- 20.3.

B. Neglect of duty, including sleeping while on duty, insubordination, including deliberate failure to carry out assigned tasks, and conducting personal affairs during official work 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 or 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 omission from official documents or records.

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

F. Theft, vandalism or criminal acts.

G. Drinking more 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 the Union.

H. Improper use of official authority or credentials.

I. Unauthorized use of communications equipment or government property.

J. Violation of government security procedures or regulations, including, without limitation, those set forth in the Scope of Work or Post Orders.

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

L. The failure to cooperate with government officials, local law enforcement authorities, or the company during an official investigation.

M. Falsification of time records.

N. Delivery or negligent conduct causing monetary damages, penalties or invoice deductions to the company.

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

Section 12.4 – 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 two and including termination, pursuant to the provisions of Section 12.3.

It is also recognized that timely and consistent attendance is a fundamental requirement of security positions. Good attendance prevents disruption to fellow employees, to contract operations, excess overtime, and open posts.

Section 12.5 – 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 of the contract 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 calendar 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.

Section 12.6 – Voluntary Quits An employee shall be deemed to have voluntarily quit employment 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 a medical leave and fails to notify the company within two 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 48 hours after the expiration of an approved leave. Without contacting the company and providing verifiable evidence of their inability to return as scheduled.

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

ARTICLE 13 – GRIEVANCE MEDIATION AND ARBITRATION PROCEDURE

Section 13.1 For the purposes of this agreement, the word grievance means any dispute between the employer and the union, and or between the employer and employee as to the meeting, application, or interpretation of the terms of this agreement. Probationary employee shall not have any rights under the grievance procedure.

For the purposes of this Article, the term “days” shall refer to business days, excluding Saturday, Sunday and holidays, and the titles of company personnel shall refer to those personnel or their designees.

Section 13.2 In order to be processed, all grievances must be presented at the first step within 10 days after the date of the occurrence giving rise to the grievance or within 10 days after the employee knew or should have known of the grievance. In the case of discharge, suspension or layoff, the grievance shall be commenced at Step 3 of this procedure and the written grievance shall be presented to the Project Manager within 10 after the date of the occurrence giving rise to the grievance.

Section 13.3 – Step 1 The employee shall meet with his/her Captain to discuss the grievance. If the grievance is not resolved within 10 days of the meeting, the grievance may be processed to Step 2.

Section 13.4 – Step 2 If the grievance is not resolved in Step 1, the grievant shall, not later than 10 days after the occurrence given rise to the grievance, be reduced to writing setting forth the facts, and specifying the article and section/paragraph allegedly violated. The stewards shall then submit the grievance to the Project Manager. A meeting shall be arranged within 10 calendar days of the Project Manager’s receipt of the written grievance. The meeting may be attended by the grievant, the union steward, and, at the Company’s option, the Director of Operations. The Project Manager shall give a written response to the grievance within 10 days after the Step 2 meeting.

Section 13.5 – Step 3 If the grievance is not resolved in Step 2, the grievant shall, not later than 10 days after the denial of the grievance by the Project Manager, submit the grievance to the Human Resources Manager. The Human Resources Manager will provide a written response within 10 days.

Section 13.6 If the grievance is not resolved in Step 3, it will be reviewed by the Union President and the Company’s Vice-President of Human Resources within 15 calendar days of the denial of the employer’s Human Resource Manager. A meeting or telephonic review between the above referenced parties may be held by mutual agreement.

Section 13.7

Any grievance shall be considered null and void if not filed and processed by the union in strict accordance with the time limitations set forth above. There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the company to act within the time limits set forth in any step shall entitle the union to proceed to the next step of the grievance procedure. In any particular case, any time specification may be extended by mutual agreement between the employer and the union, in writing.

Section 13.8 Stewards will be permitted to participate in the grievance procedure as specified above during the employee’s scheduled work day, if requested by the employee.

Section 13.9 – Failure to Resolve Grievance Grievances which have been processed in accordance with the foregoing requirements in which remain unsettled may be processed by the union to arbitration.

Section 13.10 – Arbitration The union, within 15 calendar days after the rejection of the grievance by the company’s designated representative shall notify the company in writing of its intention 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. The request will be made within five calendar 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.

Section 13.11 – Decision of the Arbitrator The decision of the arbitrator shall be submitted in writing and shall be final and binding on all parties to this agreement. Whenever possible, the decision shall be made within 30 days following the close of the hearing. Each party hereto shall bear the expense of preparing in presenting its own case. For purpose of arbitration under Section 13.9, the cost and all expenses of the arbitrator shall be borne equally by the parties. In the event a stenographic transcript of the hearing is made, the parties requesting the transcript shall bear the full cost of the stenographic record unless the parties agree to the sharing of the expense.

Section 13.12 – Limitation on Arbitrator’s Authority The arbitrator cannot modify, amend, add too, detract from, or alter the provisions of this agreement, nor may he substitute his judgment for that of management or the government.

ARTICLE 14 – SENIORITY

Section 14.1 – General Provision Seniority under this agreement shall commence with the employee’s start date on the contract.

Section 14.2 – Posting When a permanent vacancy occurs on the schedule, the position will be posted on the bulletin board for a period not less than 72 hours before the position is permanently assigned. If more than one employee request was on file, preference will be given to employee with the greatest seniority and qualifications.

Such shift changes on request shall be limited to one per calendar year per employee. An employee temporarily transferred to another shift of the company’s request will normally be returned to the shift from which transferred within 30 days, unless he/she agrees to remain on the new shift or for duration of time as management requires.

Section 14.3 – List A seniority list giving name, address, and telephone number, date of hire, position, and employee site location shall be furnished to the union one month after signing this agreement. A list of additions and separations will be furnished to the union monthly as applicable. The company will post a corrected seniority roster during the months of March and September of each year.

Section 14.4 – Accepting Position Outside Unit An employee covered by this agreement who accepts a position outside the bargaining unit, shall retain the seniority he/she had as of the date of his promotion or transfer but shall not accrue additional seniority while also employed. If he/she is later returned to the bargaining unit, he/she will return to the job which his/her seniority entitles him/her as available. He/she does not return within 120 days, he/she shall lose all seniority rights.

Section 14.5 – Loss of Seniority An employee who is discharged for cause working resigns from the service of the company, or who transfers out of the positions covered by this agreement as stipulated in Section 14.4, shall lose all seniority rights.

Section 14.6 – Reductions in Force If a reduction in force is necessary, employees will be laid off on a reverse seniority basis. Employees laid off, if qualified, shall be considered for any existing vacancies within the company not covered by this agreement. Any expense incurred as a result accepting such vacancies will be paid for by the employee.

Section 14.7 – Call Back Laid off employees shall have call-back rights. In the case of a recall, employees who have been laid off shall be notified at their last known address to report to work. The notice shall be by registered mail, return receipt. The return receipt must be signed by the employee to whom the registered mail is addressed. In the event a former employee so notified fails to report for work within five days after receipt of such notice, the employee shall forfeit his/her seniority and all re-employment rights associated therewith. However, if the employee is prevented from reporting because of sickness or emergency involving him/herself or an immediate family member, or other legitimate reason, and so notifies the company within the initial five days and presents documented proof, the employee, at the discretion of the company shall be allowed an additional 10 days in which to return to work. If he/she is unable to return at this time, he/she will be given an opportunity to return to the next opening.

Section 14.8 – Employee Unable to Report An employee, who is unable to report or because of a non-occupational injury or illness, shall continue to accumulate seniority except that he/she shall be subject to lay off according to his/her seniority. An employee who is unable to work because of illness or injury which is occupational in origin, shall continue to accumulate seniority during the term of the disability.

Section 14.9 – Loss of Seniority In addition to the reasons otherwise set forth in this agreement employee shall lose their seniority rights if:

A. The employer resigns or quits or retires.

B. The employee is discharged for just cause.

Section 14.10 – Notice to Company Each employee on a layoff status must notify the company in writing, of any changes of address and their availability for work.

Section 14.11 – Equal Seniority For the purpose of layoff and recall seniority of employees hired on the same day shall be determined by the lowest of the last four digits of their social security number to be the most senior employee.

Section…