Attachment N.2 - CBA-2021-524.pdf

ATTACHMENT N.2

LANGLEY RESEARCH CENTER

COLLECTIVE BARGAINING AGREEMENT: CBA-2021-524

REVISION: 0

DATE: 12/15/2021

HAMPTON COUNTY, VIRGINIA

RFP NUMBER: 80GSFC22R0004

CONTRACT NUMBER: TBD

12/15/21, 1:43 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/70170/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-2021-524

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 12/15/2021

State: Virginia

Area: Hampton

Employed on NASA LANGLEY RESEARCH CENTER contract for Protective Services - security officers.

Collective Bargaining Agreement between contractor: ISS Action Inc, and union: International Union, Security Police and Fire Professionals of America (SPFPA) Local , effective 11/30/2021 through

12/30/2024.

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

ISS ACTION INC.

and the

INTERNATIONAL UNION,

SECURITY, POLICE and FIRE PROFESSIONALS

OF AMERICA (SPFPA)

Thereof representing the

SECURITY OFFICERS

Located at

NASA Langley Research Center in Hampton, Virginia

Page ii of 40

AGREEMENT INDEX

ARTICLE SUBJECT PAGE

PREAMBLE 1

1 PURPOSE AND SCOPE OF AGREEMENT 1

2 RECOGNITION 1

3 PROBATIONARY PERIOD 2

4 EMPLOYEE DEFINITION 2

Full Time Employee, Part Time Employee, Assignment of Part Time Employees, Overtime in Relation to Part Time

Employees, Non-Guarantee of Number of Hours of Work

5 UNION SECURITY 3

Payroll Deduction by Employer, Authorization for Deduction, Union Member Deduction, Non-Union Member Deduction, Amount of Dues, Insufficient Earnings for Deduction, Union Identification

6 MANAGEMENT RIGHTS 5

7 UNION REPRESENTATION 6

8 UNION STEWARDS 7

9 HOURS OF WORK 8

Hours of Security Coverage, Normal Workday and Workweek, Standard Shifts, Work Schedules

10 OVERTIME 9

Overtime Rate of Pay, Seventh Consecutive Workday, No Pyramiding, Work Scheduling to Avoid Overtime, Employer's Right to Assign Overtime, Scheduling Overtime, Equalizing Overtime, Records, Advance Notice of Overtime

11 HOLIDAYS 10

Designated Holidays, Paid Holidays, No Paid Holidays for Part Time and Probationary Employees, Pay When Working a Holiday, Absences on Day Before or After a Holiday, Not Completing a Work Tour on a Holiday, No Holiday in Layoff

12 V ACATION 12

Vacation for Full Time Employees, Vacation Eligibility, Vacation Pay, Pay in Lieu of Vacation, Scheduling Vacations

13 CALL-IN AND REPORTING PAY 14

14 FAIR EMPLOYMENT PRACTICES 15

Compliance with Laws, AAP, ADA, FMLA

15 GRIEVANCE PROCEDURE 16

Page iii of 40

16 ARBITRATION PROCEDURE 17

17 TRAINING 19

Training Requirement, Pay During Training, No Cost to Employee for Training

18 PHYSICAL EXAMINATIONS & DRUG TESTING 20

Examination Requirement and Scheduling, Option to Use Personal Physician, Paying Personal Physician, Correction of Physical Problems, Drug Screening

19 SENIORITY 22

Seniority Definition, Seniority List, Terminating Seniority, Seniority During Layoff and Leaves, Layoff and Recall Provisions

20 LAYOFFS 24

Sequence of Layoffs, Union Officers During Layoff, Recall

21 PROMOTIONS AND JOB VACANCIES 25

22 UNIFORMS 26

23 LEAVES OF ABSENCE 26

Military Leaves, Union Business, Medical Leave, Emergency Leave, Jury Duty Pay, Witness Pay, Notification of Intent to Return from Leave

24 BEREAVEMENT LEAVE 28

Relationships for which Paid Bereavement Leave Granted, Effect of Non-Scheduled Work Days on Bereavement Leave Pay, Proof of Death, Amount of Bereavement Leave Pay, No Bereavement Pay for Probationary Employees

25 PERSONAL TIME OFF (PTO) SICK LEAVE 28

26 BARGAINING UNIT WORK 29

27 SUPERVISORS AND TEMPORARY SUPERVISORS 29

28 BREAKS AND RELIEF 30

29 SITE RULES 30

30 DISCIPLINE AND DISCHARGE 31

Employer's Right to Discipline, Right of Employee to Union Representation, Requirement for Employer-Furnished Written Explanation, Effort of Prior Infractions, Discipline of a Probationary Employee, Security Clearance Restrictions

31 BULLETIN BOARD 32

32 GENERAL PROVISIONS 32

Authorized Representatives, Address and Phone Numbers, Introduction of New Employees, Union Cooperation, Page iv of 40

Paychecks, Grooming, Sanitation, Safety & Health, Seniority Lists, Light Duty Pay on Day of an Accident

33 NO STRIKES OR LOCKOUTS 34

34 DUTY OF FAIR PRESENTATION 35

35 WAGE RATES 35

Wage Rates for Full Time Security Officers, Part Time Security Officers, Sergeants, Lieutenants, Dispatchers and new hire starting rate; shift premium; Mileage for Personal Vehicle

36 HEALTH AND WELFARE 36

37 CONFLICT WITH ANY STATE OR FEDERAL LAW 37

38 ENTIRE AGREEMENT 37

39 DURATION OF AGREEMENT 38

SIGNATURES TO THE AGREEMENT 38

EXHIBIT A ALCOHOL AND CONTROLLED SUBSTANCE TESTING LEVELS 39

PREAMBLE

This Agreement is entered into with an effective date of the 30th day of November, 2021 between ISS Action Inc., hereinafter referred to as the “Employer", and the INTERNATIONAL UNION, SECURITY, POLICE and FIRE PROFESSIONALS OF AMERICA (SPFPA), hereinafter jointly referred to as the "Union".

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

ARTICLE 1

PURPOSE AND SCOPE OF AGREEMENT

Section 1:

It is the intent and the purpose of the parties hereto to set forth herein the basic Agreement covering wages, hours of work, and conditions of employment to be observed between the parties hereto, and to provide a procedure for prompt, peaceful adjustment or settlement of grievances to the end that there shall be no interruptions or impeding of work, work stoppages, strikes or lockouts during the term of this agreement.

Section 2:

This Agreement shall apply to the Employees, as defined in Article 2 of this Agreement, who are now employed or who are hereafter employed by the Employer at the Employer's operation at the NASA Langley Research Center in Hampton, Virginia.

ARTICLE 2

RECOGNITION

The Employer hereby recognizes the Union as the exclusive bargaining representative with respect to rates of pay, hours of work, and other conditions of employment for the following bargaining unit as certified by the National Labor Relations Board in Case No.

5-RC-12048: All full time and regular part time Security Guards as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, including lieutenants, sergeants and dispatchers employed by the Employer at its Langley Research Center, Hampton, Virginia location, but excluding all Badge and Pass employees, office clerical employees, and supervisors as defined in the Act.

ARTICLE 3

PROBATIONARY PERIOD

An employee shall be a probationary employee until he/she has worked for the Employer on the site for one hundred eighty days (180) calendar days. After he/she has worked such a period, the employee, if full time, shall gain seniority status and his/her seniority date shall revert to the first day the employee earns wages from the Employer for employment at this site.

During the probationary period, the employee may be disciplined, laid off, transferred, discharged or subject to any other action by the Employer with cause and without resort to the grievance and arbitration procedures by the employee or the Union on his behalf.

Section 3:

A part-time employee who accepts full-time status with the Employer shall be subject to an additional probationary period of sixty (60) calendar days beginning the date he starts the full-time position. During this probationary period, the employee may be returned to part-time status with cause and without resort to the grievance and arbitration procedures by the employee or the Union on his behalf.

ARTICLE 4

EMPLOYEE DEFINITION

A full time employee shall be defined as an employee hired with the understanding that he/she will be regularly scheduled to work 40 hours a week.

A part time employee shall be defined as an employee hired with the understanding that he/she will be assigned work when work is available or needed.

Part time employees will be assigned work to permit full time employees to work a schedule which is as reasonable and predictable as possible, based upon the length of continuous service with the Employer or the Employer's predecessor(s) at Langley Research Center.

Section 4:

Nothing in this Agreement shall be construed as a guarantee of any number of hours of work.

ARTICLE 5

UNION SECURITY

All officers 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 officer 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, whichever employed under, and for the duration of, this Agreement.

Officers meet the requirement of being members in good standing 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.

Section 5:

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.

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. 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 International Union (SPFPA) 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 Employer will provide to the International quarterly reports that will include officers’ name, address, city, state, zip code and current wage rates, sorted by Union Local. The Employer shall also inform The International Secretary/Treasurer, in writing, of the change of status of any bargaining unit employee, i.e. medical leave, military leave, promotion out of the bargaining unit etc.

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 6

MANAGEMENT RIGHTS

Except as expressly modified elsewhere in this Agreement, management of the business and direction of the security forces are exclusively the right of Management. Those rights include, but are not limited to, the rights to:

(a) Hire;

(b) Determine the number, location, and type of guard posts and security officers;

(c) Assign work;

(d) Discontinue, temporarily or permanently, any posts;

(e) Promote, demote, transfer,' discharge, discipline, or suspend for just cause;

(f) Maintain order and efficiency of operations;

(g) Determine the number of shifts and the starting and quitting times of each shift;

(h) Require employees to obey Employer rules and regulations relating to the operation of the Employer at the site and to acceptable employee conduct as are presently in effect or which may be changed or modified from time to time by Employer;

(i) Decide on the supplies, equipment, or weapons to be used;

(j) Determine the size of the work force, including the number of employees assigned to any particular shift;

(k) Determine when overtime shall be worked;

(I) Establish hours of work;

(m) Lay off employees or relieve them from duty for lack of work or other reasons and to recall employees.

The above rights of management are not all inclusive but indicate the type of matters or rights which belong to and are inherent to management. Any of the rights, power, or authority the Employer had prior to the signing of this Agreement are retained by the Employer except those specifically abridged or modified by this Agreement and any supplemental agreements that may hereafter be made. The Employer's failure to exercise any function reserved to it shall not be deemed a waiver of any such right.

ARTICLE 7

UNION REPRESENTATION

The Union's Local President and/or International Representative or their designees may be permitted access to the Employer's offices at the site at mutually agreeable times upon reasonable prior notification to the Employer for the sole purpose of considering matters covered by this Agreement. The Union's business representative shall not engage in any activities which interfere with the work of any employee covered by this Agreement.

There shall be no Union business and no solicitation of any nature on behalf of the Union during an employee's working time except in accordance with the grievance and arbitration procedures.

ARTICLE 8

UNION STEWARDS

The Union shall be entitled to be represented by not more than one steward on each shift. The Union is responsible for notifying the Employer, in writing, as to the individuals officially designated to act as shift stewards. An employee shall not be permitted to engage in steward duties until such notification is received.

Each shall have an alternate steward; he shall handle grievances only when the regular shift steward is not at work.

A steward, in addition to performing his assigned work, may be permitted, during working hours to the extent practicable, based on Employer's business needs, to assist in the settlement of grievances in accordance with the grievance and arbitration procedures of this Agreement. The steward shall not abuse his office and shall perform his steward duties as expeditiously as possible with a reasonable amount of time for the performance of such duties being approved by the Employer, when practicable. A steward shall not leave his duty assignment or post on any Union business without first obtaining approval of the shift supervisor. Upon returning to his duty assignment or post, the steward shall immediately notify the shift supervisor. In no case shall a steward interfere with the orderly operation of Employer's work.

ARTICLE 9

HOURS OF WORK

The normal work day of security coverage at the work site shall be from 8:00 a.m. to 8:00 a.m. the following day. The normal work week of security coverage at the work site shall be from Friday to the following Friday.

The normal work day for an employee shall consist of eight to twelve (8 to 12) hours. The normal work week for an employee shall range between thirty six (36) and forty (40) hours.

Standard work shifts shall be as follows:

A. The first shift commences at 8:00 a.m. and ends at 8:00 p.m.

B. The second/night shift commences at 8:00 p.m. and ends at 8:00 a.m.

Normal work schedules will be prepared and posted weekly for the following fourteen-day (14-day) period. Changes to the normal work schedule may be made due to an emergency or changed work conditions. A copy of the work schedule shall be posted at a place convenient to security personnel.

Nothing in this Agreement shall be construed as a guarantee of any number of hours of work per day or per week.

Section 6:

Full time employees shall have as predictable a work schedule as possible to accommodate their desire to be off two (2) consecutive days.

ARTICLE 10

OVERTIME

Employees will be paid an overtime rate of one and one half (1.5) times their base wage rate for:

1. All post hours worked in excess of forty (40) hours in any one work week.

2. All post hours worked in excess of thirteen (13) hours in any one work day.

Employees will be paid a rate of two (2) times their base wage rate for work performed on the seventh (7th) and eighth (8th) consecutive workdays. For the purpose of this section, the employee will be required to work all scheduled hours on the first through sixth consecutive work days unless, at the direction of the employer, the employee is directed to work less hours. Days on which the employee is not scheduled for work or time scheduled but refused by the employee will result in the day not qualifying for a consecutive day under this section.

There shall be no pyramiding of overtime pay. Neither time and one half or double time shall be paid more than once for the same hours worked.

No full time employee's regular work schedule shall be reduced solely for the purpose of avoiding overtime for consecutive hours or days worked within the regular work week.

The Employer has the right to require an employee to work beyond his normal eight (8) to twelve (12) hour shift or beyond his normal thirty six (36) to forty (40) hour week. The Employer shall first seek volunteers to work the additional hours, if the number of volunteers fail to cover the jobs then the part time employees shall be assigned the overtime work after prior notice, if the number of aforementioned employees fail to cover the jobs the full time employees will be assigned to the jobs based on the employee with the less seniority on that shift.

Employees offered overtime or having the opportunity to work overtime but refuse shall be credited with having worked the overtime for purposes of equalization for the pay overtime records.

Section 7:

A written record of overtime worked by the employees on each shift will be maintained by the Program Manager’s office. The overtime record will indicate the date and amount of overtime being credited to the employee. Employees will be credited with overtime worked by recording the number of actual overtime hours worked. Employees unable to work overtime, when requested, shall be deemed to have worked the hours asked to work. The Union shall be entitled to review employee overtime records on a periodic basis.

Section 8:

It shall be clearly understood by the parties that in scheduling overtime, the Employer will give as much advance notice to the employee as possible, and where possible will give three (3) days notice.

Section 9:

Any employee who is scheduled for a day off or early call assignment will be required to verify the assignment prior to reporting for work. The employee shall telephone on-duty Lieutenant or designated control point in charge within two (2) hours of the reporting time to confirm the assignment. Failure of the employee to confirm the assignment relieves the Company of financial responsibility in the event the assignment has been canceled or re-scheduled and the employee reports for work.

ARTICLE 11

HOLIDAYS

Full time employees shall receive twelve (12) paid holidays per year. Holiday pay shall be eight (8) hours of straight hourly rate. Holidays to be observed are New Year's Day, Martin Luther King's Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and Employee’s Birthday.

Part time employees and probationary employees will not receive paid holidays but will be paid holiday overtime when working one of the named holidays at the rate prescribed below.

The named holidays will not be observed as non-work days. However, full time employees working on those holidays will receive the same pay rate as they would normally receive on a regular work day in addition to the eight (8) hours pay for the holiday.

Part time employees and probationary employees will be paid at a rate of two (2) times their base hourly rate for all post hours worked on a named holiday. There will not be any pyramiding of overtime.

An employee who is absent without an acceptable excuse on the work day immediately preceding or the work day immediately following a holiday shall forfeit his/her right to be paid for such holiday. Absence due to verifiable sickness shall constitute an acceptable excuse. The Employer reserves the right to require a doctor's certificate in cases where absence is repeated or otherwise appears suspicious.

An employee scheduled to work on a holiday who fails to work his/her complete tour of duty shall not receive holiday pay except for just cause.

An employee on layoff shall not be entitled to any holiday pay for holidays falling during the layoff.

ARTICLE 12

VACATION

Employees shall accrue vacation leave in accordance with the following schedule:

1. Employees with less than four (4) years of active service with the

Employer shall accrue .043 hours for every one (1) hour worked, not to exceed (80 hours annually).

2. Employees with less than ten (10) years and greater than four (4) years of continuous service with the Employer shall accrue .065 hours for every one (1) hour worked, not to exceed (120 hours annually).

3. Employees with ten (10) or more years of continuous service with the

Employer shall accrue .085 hours for every (1) hour worked, not to exceed (160 hours annually).

4. Employees with twenty-one (21) or more years of continuous service with the Employer as identified in this Agreement shall accrue .107 hours for every (1) hour worked, not to exceed (200 hours annually).

Continuous service is defined as the period of uninterrupted employment with the Employer and/or with the Employer's predecessors at the NASA Langley Research Center in Hampton, Virginia.

Each employee will accrue vacation time weekly while in pay status, not to exceed 40 hours. Vacations must be scheduled in advance and approved by the Employer in order to schedule vacations without severe impact on the work, but the Employer will make every effort to honor the employee's requested time of vacation.

Employees taking an earned and approved vacation shall be paid for the vacation in accordance with the normal Employer payroll schedule. This schedule is payment of wages due five (5) work days following the end of the pay period. However, should the employee desire payment of vacation time prior to beginning the vacation he/she must submit the proper Employer paperwork to Payroll two (2) weeks prior to the first day of scheduled time off. Advance vacation pay will only be granted in 40-hour increments. Vacation pay shall be at the employee's rate of pay at the time of beginning the vacation.

Vacations may be accumulated and carried over from one year to another, not to exceed 240 hours (30 days).

Employees must request vacation at least fourteen (14) days in advance of the start of the desired period. Granted vacations will be scheduled so as not to interfere with the efficient operation of the Employer. The Employer shall determine the number of employees who may be scheduled for vacation at any period of time. In determining vacation schedules, the Employer shall give preference to employees with greater seniority within job classifications when there is a choice to be made between employees requesting the same vacation period, provided that the more senior employee made timely application for the vacation period. Employees will be notified as soon as possible if requested time off is to be granted.

Once a vacation has been approved and the employee notified, it shall not be revoked except in case of any emergency, as determined by the Employer.

Probationary employees will begin accruing vacation on their first day worked.

Employees with earned vacation time shall be paid for all time accrued upon leaving the employment of the Employer. The vacation payout will be paid in the next pay period following completion of the pay week of departure.

Employees are required to submit vacation requests in writing to the shift supervisor prior to the requested vacation.

If a holiday occurs during a vacation the employee will be paid for said holiday and the holiday will not be counted as a vacation day.

Section 10:

Absence with pay (holidays, vacation, sick leave, jury duty, or any NASA-directed shutdown when work is denied employees) shall count in accrual of vacation time, as specified in Section 1 of this article.

ARTICLE 13

CALL-IN AND REPORTING PAY

Employees are required to report for work at their scheduled starting times. An employee shall notify the on-duty Sergeant at least four (4) hours prior to his scheduled starting time if he is unable to report to work. In those cases where an emergency arises within four (4) hours of the employee's starting time, or an occasion such as employee illness develops within four (4) hours of the employee's starting time, the employee or a family member shall notify the Sergeant as soon as possible.

An employee needing to be absent from work due to personal injury, illness, or death in the immediate family will notify the designated agents per Section 1 at least four (4) hours before the starting time of the scheduled work shift.

An employee who reports for work at his regular starting time or has been called in to work and has not been advised, either orally or in writing, not to report shall receive a minimum of four (4) hours work or four (4) hours pay at his regular straight-time hourly rate, provided that the employee is regularly scheduled to work at least four (4) hours.

The provisions of Section 3 above shall not apply if the Employer is unable to advise the employee not to report, or to provide the work because of Acts of God or other conditions or causes beyond the control of the Employer.

ARTICLE 14

FAIR EMPLOYMENT PRACTICES

Section 1: Employment Practices

The Employer and the Union agree that no person employed or seeking employment shall be discriminated against by reason of race, religion, color, sex, or national origin, Such action shall include, but not be limited to the following:

employment. promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payer other forms of compensation -and selection for training, including apprenticeship, Section 2: Age Provisions

No person employed or seeking employment shall be discriminated against by reason of age, except on the basis of a Bona Fide Occupational Qualification, retirement plan, or statutory requirement, Section 3: Compliance with Laws and Regulations

The parties agree to comply with all applicable Federal laws and executive orders pertaining to nondiscrimination and equal opportunity in employment, including all orders which are applicable to Government contract operations conducted by the Employer at NASA Langley Research Center.

Section 4: Affirmative Action Plan

The parties recognize the requirement that the Employer, as a Federal government contractor, adopt an affirmative action plan which includes goals, objectives and timetables for the requirement, employment, training, and upgrading .of minority employees, female employees, handicapped employees, disabled veterans and veterans of the Vietnam Era employees. The Union agrees to support the Employer’s Affirmative Action Plan and will assist in the achievement of established goals and objectives within the bargaining unit covered by this Agreement.

Section 5: Americans with Disabilities Act (ADA)

The Union and the Employer will comply with the provisions of the Americans with Disabilities Act.

Section 6: Federal Family Medical Leave Act

The Employer and the Union agree to comply with the Federal Family and Medical Leave Act.

ARTICLE 15

GRIEVANCE PROCEDURE

For the purpose of this Agreement, the word “grievance" means any dispute as to the meaning, application, or interpretation of the terms of this Agreement.

Probationary employees shall not have any rights under the grievance procedure.

In order to be processed, all grievances must be presented at the first step within five (5) working days of the event giving rise to the grievance. In the case of a discharge, the parties agree to proceed directly to the Step 3 meeting within five

(5) working days after a timely written grievance is submitted to the Employer.

A grievance shall be processed pursuant to the following procedure:

Step 1: The employee, with or without his steward, shall meet with the

Security Force Captain to discuss the grievance within five (5) working days of the event which is the subject of the grievance. If the grievance is not resolved within three (3) calendar days of the meeting, it may be processed in accordance with Step 2.

Step 2: The grievance shall be reduced to writing on prescribed forms provided by the Union, dated, signed by the aggrieved party and presented to the Security Force Major within five (5) working days of the step 1 meeting.

The Security Force Major will meet the Chief Steward or Local President within five (5) working days of receipt of the grievance and a written response to the grievance will be provided to the Union’s Chief Steward or Local President within five (5) working days of the meeting.

Step. 3: A meeting shall take place within seven (7) working days after the

Employer's response to the Step 2 meeting. The meeting shall be attended by the grievant, steward, Local President, and/or International Representative of the Union or their designee(s), and the Corporate Program Manager or their designee(s). This meeting of discussion may take place in person or by teleconference. In the event the grievance is not satisfactorily settled within seven (7) work days after the Step 3 meeting, it may be submitted to an impartial arbitrator in accordance with the arbitration procedure.

Also, it is understood that the Employer may submit to arbitration any matter concerning the interpretation or application of a specific provision of the Agreement.

Step 4: Should the grievance remain unsettled after the Step 3 hearing and receipt of the Employer's answer, the Union may, by written request, refer the grievance to arbitration. The written request must be received by the Employer within twenty (20) working days after the Step 3 answer in order to be timely submitted to arbitration.

It is the intention of the parties that the time limitations and the requirements of the grievance procedure be rigidly followed, and that no grievance may be processed outside the stated limit except that if an answer is not given by the Employer within the time limits prescribed by any of the steps, the Union may appeal the grievance to the subsequent step. An untimely grievance shall not be considered by an arbitrator unless both parties agree to the hearing.

For the purpose of the time limitations of this Article, a work day is defined as Monday through Friday. Time limits may be extended by mutual written agreement of the parties. Holidays are also excluded from the time limit count.

ARTICLE 16

ARBITRATION PROCEDURE

The parties shall attempt to choose an arbitrator by mutual agreement within fifteen (15) calendar days from the date of the Employer's receipt of the Union's written appeal to arbitration. If the parties are unable to agree, then the Union or Employer may file for arbitration with the Federal Mediation and Conciliation Service.

The arbitration case, when filed with the Federal Mediation and Conciliation Service, shall be handled in accordance with their rules and procedures.

The arbitrator shall have no power to add to, or subtract from, or amend or modify any of the terms of this Agreement or any Supplementary Agreement or to rule on any matter except while this Agreement is in full force and effect. The arbitrator's decision shall be based exclusively on evidence presented at the arbitration hearing. The arbitrator's decision shall demonstrate that he has thoroughly considered the arguments advanced by each party and cite the provisions of the Agreement serving as the basis for the decision.

The arbitrator shall have no power to establish or change wage or wage scales.

The decision of the arbitrator shall be issued as promptly as possible. His decision shall be final and binding upon the Employer, the Union, and the grievant.

The compensation of the arbitrator and his expenses incidental to the arbitration shall be borne equally. Each party shall bear the expense of preparing its case and shall make arrangements for the pay and expenses of witnesses called by them.

All awards of back wages shall be limited to the amount of wages and benefits the employee would otherwise have earned from his straight-time employment with the Employer less any wages or unemployment compensation.

Unless the parties agree in writing to the contrary, an arbitrator may hear only one (1) grievance.

ARTICLE 17

TRAINING

The Employer shall provide reasonable training and instruction for all bargaining unit employees. The Union agrees to support all reasonable efforts to train employees.

The Employer shall continue to train and qualify bargaining unit employees without causing the employee to suffer any lost wages for the training or qualifying time.

An employee attending scheduled training when not otherwise working shall be compensated a minimum of four (4) hours pay at his regular straight time hourly rate.

The Employer shall provide all necessary equipment, materials, weapons, locations and personnel as needed in the training and requalification courses that are required by the Commonwealth of Virginia and NASA without cost to the bargaining unit employee. This includes the cost of weapons permits.

Every security officer will be required to successfully pass both a written and firing requalification examination twice each year. If a security officer fails to pass the individual firearms qualification/requalification, he/she will be given the opportunity to retake the firearm test within the following ten (10) calendar days.

Failure to pass on the second opportunity will be considered just cause for discharge of the employee.

The Employer shall provide sufficient rounds of ammunition to fire for sight adjustment and/or warm-up.

The Union shall be notified the same day that the bargaining unit employee/employees fail(s) the firearms/written qualifications.

ARTICLE 18

PHYSICAL EXAMINATIONS & DRUG TESTING

The Union recognizes the Employer's obligation to its NASA client to provide a physically fit, mentally alert, and drug-free security force.

Each employee will be required to undergo a medical examination. Including vision and hearing tests, and a reasonable agility test once each year.

Should the employee fail to pass the NASA-required vision and hearing test, the employee shall have the option of scheduling and undergoing a repeat of the examination by his personal physician or a physician of his choice. For this retest, the Employer will pay the employee a one-time payment of Fifty Dollars ($50.00). The employee will pay any charge over this amount.

Should the employee's physician declare the employee physically fit to fulfill his/her Job duties, the Employer will forward the employee’s physician opinion to the job-site NASA Occupational Health Clinic for Consideration. Should the employee's physician declare that the employee has a correctable, or controllable, physical condition and that the employee is on medical corrective program, and that the employee may immediately or within a reasonable time resume duties, that opinion shall be forward the employee’s physician opinion to the job-site NASA Occupational Health Clinic for Consideration.. In all cases, the Final decision will be retained by the NASA Occupational Health Clinic.

Should the physical examination reveal a medical problem, all expenses associated with correcting the malady, including further medical testing or expenses, shall be borne by the employee.

Each employee shall be subjected to random drug screening tests. The cost of drug testing and screening shall be borne by the Employer.

The Employer's and the Union's joint concern is that bargaining unit employees are in a condition to perform their assigned duties safely and efficiently.

If an employee voluntarily seeks treatment and notifies the Employer of such treatment prior to testing and satisfactorily completed a drug abuse and / or alcohol Rehabilitation Program and is certified drug abuse and / or alcohol free by a doctor of medicine, the Employer shall take no disciplinary action.

The Employer shall test for alcohol and specified controlled substances at agreed upon levels. The Employer shall not test or modify the existing test level without first bargaining with the Union (See Exhibit A for test levels)

Section 10:

The employee will be tested when reasonable suspicion based on identifiable facts exist, wherein an employee displays characteristics of impaired behavior, erratic behavior (such as: loss of normal motor skills, slurred speech, abnormally dilated or constricted pupils, involved in a property damage or personal injury accident, uncharacteristic demeanor) or the odor of alcohol. The cost of drug testing and screening shall be borne by the Employer.

Section 11:

All decisions as to whether or not just cause for controlled substance(s) and/or alcohol testing exist will be made by at least two management employees before and employee is required to submit to testing. The Union Representative, when requested shall be made available to the employee prior to testing.

Section 12:

An employee who tests positive for drugs and/or alcohol will be considered to be in violation of this article. An employee who refuses to be tested for drugs and/or alcohol will be considered to be in violation of this article.

Section 13:

An employee considered to be in violation of this article shall be subject to immediate disciplinary action up to and including discharge. The Union Representative, when requested, will be made available to the employee prior to disciplinary action. An employee retains the right to file a grievance protesting the severity of the discipline imposed or the facts surrounding the Employer's action.

Section 14:

An employee who tests positively and is not discharged shall be tested at unspecified times, maximum of three, for the next twelve (12) months and such will be a condition of his continued employment. If tested positive during this twelve (12) month period, the employee will be discharged, unless the Employer otherwise agrees not to. Subsequent violations will result in immediate discharge.

Section 15:

Information with respect to the controlled substances and alcohol shall be treated in a confidential manner and in conformity with applicable legal requirements.

ARTICLE 19

SENIORITY

A. Seniority shall be defined as the length of time a full time employee has continuously been employed in full-time status by the Employer or its predecessors in the collective bargaining unit. In the event a part-time employee becomes a full-time employee, his seniority for the purpose of layoff and recall rights shall date from the first workday as a full-time employee.

A seniority list shall be maintained by the Employer for operations covered by this Agreement.

B. Part-time employees with continuous service with the Employer or the Employer’s predecessors at the work site shall be recognized for the purpose of promotions and hours of work.

A separate continuous service list shall be maintained for part time

C. Seniority for employees hired on the same date shall be determined alphabetically.

D. An employee's seniority as a full time employee shall commence after the completion of his probationary period and shall be retroactive to the date of hire or first workday as a full-time employee, whichever is later.

Seniority shall terminate if:

A. An employee is discharged for just cause.

B. An employee voluntarily quits.

C. An employee is laid off for more than twelve (12) months.

D. Failure to comply with recall from layoff within the time frame of two weeks once the employee had been notified.

E. Failure to report for work upon expiration of an approved leave of absence unless due to a substantiated emergency then the leave shall be extended for the duration of said emergency.

F. Accepting other employment without approval of the Employer while on an approved leave of absence.

G. Unexcused absence from work for a period of three (3) consecutive work days.

H. Upon determination of permanent total disability under worker's compensation.

Seniority will continue to accrue during a layoff up to 12 months and during approved leaves of absence.

Seniority shall apply only to those provisions of this Agreement regarding layoff and recall, provided that the employee is qualified. The Employer shall determine qualifications based upon relative skills, ability, and performance of the

ARTICLE 20

LAYOFFS

When a reduction-in-force is contemplated, the following (in the following order) shall apply:

1. Probationary employees shall be laid off first.

2. Full time employees shall be laid off on the basis of the employee(s) with the least seniority if, an additional Employee(s) is to be reduced from the work force.

Full time employee(s) will be afforded an opportunity to be reclassified as a part time employee and retain full seniority and seniority rights over any part time employee(s).

Part time security officer(s) are primarily used to cover absences of full time security officer’s short-notice special projects and other unforeseen circumstances where additional security officers are required. It is not the intent of the Employer to utilize part time security officers to replace full time security officers.

The Employer shall recall affected employee(s) on the basis of seniority, providing they are qualified to perform bargaining unit work.

Employee(s) shall continue to retain recall rights for a 12-month period commencing from the date of the layoff.

When the Employer determines that a reduction in force is necessary, the Union Stewards, Local President, Vice President, Secretary- Treasurer, and Recording Secretary shall be retained under the super-seniority clause. The intent of this provision is to retain an active employment union representative(s) for administration of this Agreement.

ARTICLE 21

PROMOTIONS AND JOB VACANCIES

In cases of promotion, the Employer will consider the seniority of the employees;

however, the Employer reserves the right to make its selection based upon the relative skills, ability and performance of the employees, as determined by the Employer. When skills, ability and performance are equal, seniority will control.

The Employer's policy is, to the extent possible, to promote from within. However, the Union recognizes it is the sole prerogative of the Employer to determine qualification requirements for a particular job and to assess the qualifications of individuals, and to make the selection for a particular job. Additionally, the Union recognizes that security positions often require special State certifications or other specialized qualifications.

Nevertheless, the Employer will, to the full extent practical, post job vacancies and upcoming promotions on the Security Branch bulletin board. Any employee will be permitted to apply for any posted job vacancy provided they have been in their present position for at least ninety (90) calendar days.

ARTICLE 22

UNIFORMS

The Employer shall furnish sufficient uniform articles to permit the employees to maintain uniforms in a clean and presentable condition. Employees are responsible for always reporting to work in a clean and well-kept appearance.

ARTICLE 23

LEAVES OF ABSENCE

Non-probationary full time employees shall be eligible for the following leaves in accordance with the procedures set forth below. All leaves shall be in writing and signed by the Employer and the employee receiving same.

A. Military Leave

1. An employee who is a member of a Reserve unit or National Guard member shall be granted a leave of absence and be paid the difference between the amount of pay he/she received from the Federal or State government and his/her regular weekly pay for such duty up to a maximum of two weeks (80 hours) per year (when ordered for annual training). Such items as subsistence, rental, and travel allowance shall not be included in determining pay received from the Government.

2. Leave of absence for the performance of duty with the U.S. Armed

Forces or with a reserve component thereof shall be granted in accordance with applicable law.

B. Union Business

An unpaid Union leave for up to five (5) work days may be granted to an employee to attend International Constitutional Conventions, regional and/or state conferences, etc., provided that no more than one (1) employee shall be granted this type of leave at any time.

C. Medical Leave

Unpaid medical leave of absence, including pregnancy, may be granted should an employee exhaust his/her earned sick leave, for a period of up to 90 days. Unpaid medical leave for Workers Compensation disabilities may be granted for a period of up to fifteen (15) months. Inability to work for medical reasons must be verified by a doctor's certificate. The Employer has the right to verify the reason for the employee's absence;

and, prior to returning to work, the Employer may require that the employee be certified as being physically able to return to work.

D. Emergency Leave

An unpaid leave of absence, not to exceed one (1) month, may be granted under emergency or other situations at the sole discretion of the Employer.

E: Jury Duty Pay

Any employee unable to work his/her regular schedule due to being called for jury duty shall be paid by the Employer his regular base pay for the time missed. The Employer will require the employee to provide proof of jury duty service.

F: Witness Pay

Any employee called to serve as a witness by the Employer in a court proceeding due to his job function shall receive his regular rate of pay while serving in that capacity.

Employees returning from an unpaid leave of absence who have not scheduled a specific date on which they are to return must notify the Program Manager, in writing, before they intend to return to work.

ARTICLE 24

BEREAVEMENT LEAVE

In the case of the death of an employee's spouse, child (natural, adopted or step), mother, father, sister or brother, grandparent, grandchild, present mother-in-law or father-in-law, such employee shall be allowed not more than three (3) days off with pay between the date of death and up to and including the day after the funeral for actual time lost from work because of the death. Bereavement leave shall not be used to compensate an employee for a day on which the employee is not scheduled to work, including vacation periods, leaves of absence, disability and Workers Compensation leaves.

In order to receive bereavement leave pay, a death notice or other satisfactory proof of death must be submitted to the Employer. The employee must also furnish satisfactory proof of the relationship with the deceased. The employee must notify and advise the shift supervisor that he/she will be unable to attend work because of the death.

A day's pay is defined as the hours the employee is regularly scheduled to work in a day.

The employee must have completed his/her probationary period before being eligible for the bereavement leave pay. A probationary employee shall be granted an excused, unpaid leave of absence for bereavement purposes, the duration of which shall be measured by the criteria set forth in Section 1.

ARTICLE 25

PERSONAL TIME OFF (PTO)/SICK LEAVE

Each employee having completed his or her probationary period will accumulate paid PTO/sick leave at the rate of seven (7) days per year/ 56 hours. PTO/Sick leave will be allowed to accumulate from year to year so long as the employee is employed by the

Employer and working on the work site, maximum carryover of 100 hours. Any hours over the maximum will be paid in cash at the current straight time hourly rate.

PTO/Sick leave will be paid at the employee's current straight time hourly rate. Unused PTO/sick leave will be paid upon termination of employment.

A doctor’s certification will not be required unless the…