B08(n)_-_Attachment_5_-_CBA_SPFPA_Local_44.pdf

J

COLLECTIVE BARGAINI G AGREEME T

BETWEEN

INTER-CON SECURITY SYSTEMS, INC.

AND

INTERNATIONAL UNION, SECURITY, POLICE AND FIRE PROFESSIONALS OF

AMERICA (SPFPA) AND ITS AMALGAMATED LOCAL 444

SEPTEMBER 30, 2023 THUR SEPTEMBER 29, 2026

TABLE OF CONTENTS

ARTICLE I: SCOPE AND PURPOSE OF AGREEMENT

ARTICLE II: STRIKES AND LOCKOUTS

ARTICLE III: SENIORITY

ARTICLE IV: LAYOFF A D RECALL

ARTICLE V - UNION SECURITY, MEMBERSHIP AND DUES

ARTICLE VI: GRIEVANCE A DARBITRATION

ARTICLE VII: WORK SCHEDULE AND HOURS OF WORK

ARTICLE VIII: PAYDAYS

ARTICLE IX: HOLIDAYS

ARTICLE X: VACATIONS

ARTICLE XII: EQUAL OPPORTUNITY (NON-DISCRIMINATION)

ARTICLE XIII: WAGES AND BONUSES

ARTICLE XIV: MISCELLANEOUS PROVISIONS

ARTICLE XV: UNIFORMS

ARTICLE XVI: GOVERNMENT SUPREMACY

ARTICLE XVII: SEPARABILITY AND SAVINGS CLAUSE

ARTICLE XVIII: HEALTH AND WELFARE

ARTICLE XIX: SAFETY

ARTICLE XX: SERVICE CONTRACT PROCEDURES AND OBLIGATIONS

ARTICLE XXI: SEPARABILITY OF THE CONTRACT

ARTICLE XXII: ENTIRE AGREEMENT

ARTICLE XXIII: EMPLOYER-UNION COOPERATIO

ARTICLE XXIV: MANAGEMENT RIGHTS

ARTICLE XXV: DURATION

ATTACHMENT "A"

ATTACHMENT " B"

WORKPLACE REGULATIONS

GENERAL CONDUCT ........................ ...................................................... .... ............... .......... ............. 3 1

SECURITY REGULA TIOS

OTHER

ATTENDANCE

PREAMBLE

This Agreement is by and between Inter-Con Security Systems, Inc. (the "Company" or the "Employer") and the International Union, Security, Police and Fire Professionals of America ("SPFPA" or the "International Union") and Its Amalgamated Local 444 (the "Local Union" and together, the "Union"). The Agreement covers the terms and conditions of employment for all Employees (as further defined below) of the Company employed in support of the Company's contract number J 40P3020A000 I., pursuant to which the Company provides security services to the U.S. National Park Service in the National Capitol Region. The non-economic portions of this Agreement become effective September 30, 2023 and the economic portions become effective April 1, 2024.

ARTICLE I: SCOPE AND PURPOSE OF AGREEMENT

1.1 Recognition and Bargaining Unit

The Company recognizes the Union as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to wages, hours of work, overtime, leave, benefits, grievance procedures, and other conditions of employment stated in this Agreement for all Full-Time and Part-Time Employees under contract number # l 40P3020A0000 l -P00003 Persons working under the following classifications arc considered Employees covered for the purposes of this Agreement: (I) Lead Security Officer; and (2) Security Officer. This Agreement excludes professional, supervisory, and office clerical employees, and all other employees excluded by the National Labor Relations Act.

1.2 Intent

The parties intend that this Agreement shall serve to establish and maintain harmonious labor relations between the Company and the Union. The Union and Employees retain the right to work with dignity and respect, regardless of race, color, national origin, ethnic background, gender, sexual orientation, or religion, in accordance with all federal, state and local laws, regulations, or ordinances.

1.3 Definitions

Agreement: This Collective Bargaining Agreement (CBA).

Business Day(s): Monday through Friday excluding Saturday, Sunday, and holidays.

Collective Bargaining Unit (CBU): Company Employees in the Lead Security Officer and Security Officer labor categories who are assigned to work on the Contract.

Company: Inter-Con Security Systems, Inc.

Contract: Contract number# l40P3020A00001-P00003 between the Company and the U.S.

National Park Service to provide domestic security operations in the ational Capital Region.

Date of Hire: The first day an Employee begins work on the Contract as a security officer.

Disciplinary Action: Any suspension, termination, written reprimand, or memorandum or verbal counseling.

Employee: A Company Employee who is a member of the Collective Bargaining Unit.

Full-Time Employee: An Employee who generally is scheduled thirty-two (32) hours of work or more per week and who the Company has designated, in its sole discretion, as a Full-Time Employee.

Grievance: An action filed by the Union or an Employee concerning the application, interpretation, or violation of a portion of the Agreement.

Guard mount: The period of time prior to post when instructions are given and inspections are held.

Initiation Fee: A prescribed amount of money to be paid one time by new Union members.

Licenses and Permits: Documents issued by federal, state, or municipal authorities allowing an Employee to perform security work in a certain jurisdiction.

Overtime: Wages paid at the rate of one and one-half ( 1.5) times the Employee's Regular Pay rate for all hours worked in excess of forty ( 40) hours per workweek.

Part-Time Employee: An Employee who generally is scheduled for less than thirty-two (32) hours of work per week and who the Company has designated in its sole discretion, as a Part-Time Employee.

Probationary Employee: An Employee with ninety (90) days or less of employment from the Date of Hire.

Regular Pay: Straight-time hourly rate, exclusive of Overtime, bonus, travel, or any other premium pay.

Seniority: Length of continuous service working as an Employee on the Contract or predecessor contracts, measured from the last Date of Hire with Inter-Con Security Systems, Inc. or the last date of hire with a previous U.S. National Park Service security provider. All claims for Bargaining Unit Seniority based on employment with a predecessor security provider must be accompanied by documentation from the previous employer or other acceptable proof verifying the continuous service at the site.

Service Fee: A prescribed amount of money to be paid by non-Union members on a monthly basis.

Split Schedule: A workday schedule in which an Employee is assigned two different times to come to work in the same day, excluding incidents on the first relief (midnight shift) when an

Employee is scheduled to report after midnight then completes that shift in the morning and is scheduled to report back at the beginning of the next first relief that same day. A split schedule is not when an Employee works a normal schedule and then agrees to staff an additional assignment. The off-duty time between work periods in a split schedule is not paid.

Steward: An elected or appointed Union official representing Union members.

Straight-Time Hours: Straight-time hours include regular hours worked, paid vacation actually taken, holidays, paid personal/sick leave taken, approved Union leave and training. Straight-time hours do not include hours paid at Overtime and double-time rates.

Time and Attendance Infraction: Call-offs, lateness, leave early without prior authorization, or no-call no-shows.

Union: International Union, Security, Police and Fire Professionals of America (SPFPA), and its Amalgamated Local 444.

Union Dues: A prescribed amount of money to be paid by Union members on a monthly basis.

Workday: Any day, Sunday through Saturday, including holidays, which an Employee may be required to work.

1.4. Negotiating Committee

The Company agrees to recognize a Negotiating Committee composed of three or more members and one alternate selected by the Union to represent the Employees in collective bargaining negotiations. The Company agrees to release these individuals from duty assignments, without pay, to participate in collective bargaining negotiations. The Union agrees to provide the Company with one week of advance notice of any meetings unless there is a requirement for an emergency negotiating meeting.

1.5 Union Representative

The Union agrees that neither the Union (including its members) nor the Employer will intimidate or coerce Employees concerning their right to join a labor organization or refrain from such activity.

The Company agrees to recognize a Union Steward program. The Union agrees that Stewards and Union representatives will not conduct Union business while on duty. The Union agrees that Stewards and Union representatives will not conduct Union business with any Employee who is on duty, unless an Employee is on an unpaid break, No meeting may be held in a U.S. National Park Service area to which the Steward would not normally have access. Employees may not sign in or escort non-Contract personnel for the specific purpose of Union business without prior written permission from the Company, which shall not be unreasonably withheld.

An Employee who is the subject of an investigation that could result in Disciplinary Action may request a Steward to be present during a disciplinary or investigatory process. The Company will allow the Steward to be present, provided that the proceeding must be rescheduled with the Steward present within two (2) Business Days of the request. If the Company uses an alternative medium, such as telephone or video teleconference, to conduct fonnal discussions with Employees, the Union shall be given the opportunity to be present. Upon written request, the Company will provide the Union with a copy of any video or other record generated as a result of the formal discussion within five ( 5) Business Days of the meeting.

For the purpose of this section and to allow for immediate resolution, a shop Steward is not required during the investigation of an immediate security emergency as determined by the U.S.

Park Police.

Union business shall not be conducted during working time unless an employee is on an unpaid break, and at no time may the Union interfere with work duties. Union business shall not be conducted on the property of any client of the Company unless authorized by the client and the Company. Only the Employer may seek the client's permission to conduct Union business on the client's property. As such, if the Union wishes to conduct Union business on the client's property, it shall discuss its request with the Employer's U.S. National Park Service Project Manager. The Employer then will decide whether it assents to the request and whether it will seek the client' s permission. The Employer's decision whether to communicate the Union's request to the client shall not be subject to the Grievance and Arbitration provisions of this Agreement.

Stewards shall not direct Employees as to how to perform or not perform work, shall not countermand any lawful order of any Company supervisor, and shall not interfere with the normal operations of the worksite or any Employee.

The Union will provide Stewards and alternate Stewards in the National Capitol Region during the life of this Agreement. The Union will update the Steward list whenever a change occurs.

The updated list will be provided to the Project Manager within ten (I 0) days of any changes to the Steward list

ARTICLE II: STRIKES AND LOCKOUTS

2.1 No Strikes

Continuity of operations is of utmost importance to the Company's security operations.

Therefore, so long as this Agreement is in effect, the Union and the Company agree that there will be no strikes, lockouts, work stoppages, illegal picket lines, slowdowns, or secondary boycotts. The Union will not cause, nor permit its members to cause, nor will any member of the Union take part in, any strike, including a sympathy strike, slowdown, stoppage of work, planned inefficiency, or any other curtailment of work or restrictions or interference with the Employer's or Government' s operations for any reason whatsoever, nor will the Union authorize or sanction the same.

Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency, or any curtailment of work or restriction or interference with the operation of the Employer, the Union shall take affirmative action to avert or bring such activity to a prompt termination.

2.2 No Lockouts

During the life of this Agreement, the Employer shall not lockout any Employees covered in this Agreement

ARTICLE III: SENIORITY

3.1 General Provision

Seniority shall be used to determine the order of layoff and recall and eligibility for vacation and holidays, as provided in this section or other sections of the Agreement. Contractual requirements stipulated by the U.S. National Park Service will take precedence over any Seniority provision set forth in the Agreement.

Scheduled Overtime for each Employee in excess of sixteen ( 16) total hours per week will be ananged on the basis of Seniority. Unexpected Overtime will be filled on an as-required basis.

However, Employees scheduled under 40 hours in a workweek that volunteer to perform extra duties will be given first consideration in the staffing of unexpected Overtime provided unnecessary Overtime is not generated by using that Employee.

3.2 Seniority Lists

A Seniority list shall be furnished by the Company to the proper Union officials no later than the 7th of the month during March and September of each Agreement Y car. An Employees standing on the posted Union Seniority list will be final unless protested in writing to the Project Manager no later than thirty (30) calendar days after the list has been posted. The Company will send a quarterly new hire and attrition list to the Union officials.

3.3 Personal Data

Employees shall notify the Company of their current mailing address, email address and telephone number, or other pertinent data during the hiring process, and within fourteen (14) days after any such infonnation changes. Employees shall keep all of their information current through the Company's human capital management portal. The Company shall be entitled to rely on the data supplied by the Employee. Failure to comply with these requirements may lead to Disciplinary Action up to and including dismissal.

3.4 Break in Seniority

An officer shall forfeit Seniority for the following reasons:

a) Resignation

b) Retirement from the Employer

c) Discharge for just cause

d) Failure to return from a layoff within five (5) calendar days after notification ofrecall has been given to the Employee, except in case of mitigating circumstances as determined by the Employer

e) Layoff for a continuous period of twelve (12) months

f) Absence from work due to illness or injury for a continuous period of ninety (90) days, except as provided by law

g) Promotion to a non-bargaining unit position

3.5 Probationary Employees

Employees will be considered Probationary Employees for ninety (90) days period after their Date of Hire The Union will represent Probationary Employees for problems concerning wages, hours, and working conditions. Employer shall have sole discretion relating to scheduling, transfers, layoffs, Disciplinary Action, or discharge of Probationary Employees without recourse to the Grievance process. After the probation period, Employees will receive any and all benefits pertaining to the Union and this Agreement. The probationary period can only be extended by mutual consent of the Union and the Employer.

ARTICLE IV: LAYOFF AND RECALL

4.1 Layoff and Recall

When it becomes necessary for a reduction of the work force, Employees shall be selected for layoff based on their qualifications and Seniority. In the event of layoffs, Part-Time Employees will be laid off based on their qualifications and Seniority before Full-Time Employees with the equal qualifications and Seniority. Employees shall be recalled based on the same criteria as for layoffs.

4.2 Post Assignments

Posts will be assigned according to Seniority and subject to the Seniority rules outlined in Article III. During emergencies, all Employees are subject to an assignment, post, shift, or hours anywhere within their nornially assigned region. Failure to comply with these requirements may lead to Disciplinary Action up to and including dismissal.

Notwithstanding any provision of this Agreement, the U.S. National Park Service shall have the discretion to request removal or assignment of any Employee, and the Employer and Union shall be bound by such request.

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ARTICLE V: UNION SECURITY, MEMBERSHIP AND DUES

5.1 Union Security and Membership

All officers, assigned to the employment sites herein referenced, hereafter employed by the Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31 s1 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 ( I 0) 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 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 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.

5.2 Union Dues and 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 SPFP A within fifteen ( 15) days after the first regular payday of the month.

The Union agrees to be responsible for notifying the Employees and administering the Union dues deductions and Union dues cards. 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.

5.3 Defense and Jndemnijication

The Union agrees to defend, indemnify and hold harmless the Employer against any loss or claim, which may arise as a result of the Employer's compliance with the Article V, including Union Security and Membership (5.1) and Union Dues and Check Off (5.2). In addition, the Union agrees to return to the Employer any erroneous overpayment made to it.

ARTICLE VI: GRIEVANCE AND ARBITRATION

6.1 General Provisions

The number of Business Days outlined in this Article VI, Grievance Procedures, for the processing and presentation of Grievances shall establish the maximum time allowed for the presentation and processing of a Grievance. However, extensions of time may be granted in writing by mutual agreement between the Company and Union.

6.2 Grievance Procedures

All Grievances shall be processed and presented in accordance with this Article. Grievances shall be resolved or unresolved at each step.

6.3 Step One

The Company agrees to meet with the Union during regular business hours or at a mutually agreed upon convenient time, for the purpose of processing Grievances presented by the Union or Employees subject to this Agreement. Union personnel will not participate if they are "on the clock" at the time of the meeting; however, the Company agrees to give the Union two (2) Business Days to arrange for a Shop Steward or other Union official to attend. The Company will not compensate Union personnel participating in a meeting for their time during the meeting.

The Employee will first discuss the Grievance with the Employee's immediate supervisor and document in the Grievance in writing within five (5) Business Days of becoming aware of the Grievance. The document will set forth the specific facts related to the Grievance, specifying the section and paragraph of the Agreement violated. The document will be signed by the grieving Employee or a Union representative. If the informal procedure is not invoked within five (5) Business Days of the Employee's knowledge of an issue that could give rise to a Grievance, then no further action shall take place.

If during the discussion with the supervisor, either the Employee or the supervisor deems it desirable, a Steward or other Union representative will be called to participate in the meeting. If the Grievance is not satisfactorily resolved within five (5) Business Days of the informal discussion, it may be submitted for further processing using Step 2 of the Grievance procedure.

6.4 Step Two

If a Grievance is not resolved during the Step I, it shall be presented in writing to the Project Manager within ten ( I 0) Business Days of completing the informal step. The Project Manager will have ten ( 10) Business Days to render a decision an return same in writing to the grieving Employee and the designated Union Representative.

6. 5 Step Three

If the Grievance is not resolved during Step 2, it shall be presented, in writing, to the Regional Manager (RM) within ten (I 0) Business Days of the completion of Step 2. The RM will have ten ( I 0) Business Days to render a decision and return same in writing to the grieving Employee and the designated Union Representative.

6.6 Step Four

If the Grievance is not resolved during Step 3, the Local Union may submit the Grievance, along with all supporting documents, in writing, to the Company's General Counsel within ten ( I 0) Business Days of the completion of Step 3. Arrangements will be made for the Company and the Union to meet to discuss and attempt to resolve the Grievance. The meeting will be held no later than ten (10) Business Days after receipt by the Company and the International Union, of the request for the meeting. If no resolution is reached after ten (I 0) Business Days, the Grievance may be referred to an arbitrator for a prompt hearing.

6. 7 Grievance for Discipline Resulting in Termination

A Grievance resulting from Employee termination may be initiated at Step 2 but must be initiated within five (5) Business Days after the Employee is informed of the termination.

6.8 Arbitration Procedure

Grievances that have been timely processed in accordance with the requirements of the previous paragraphs and remain unsettled shall be processed in accordance with the following procedures

I l and limitations.

6.8.1 Neutral Arbitrator

Within twenty (20) Business Days after receipt of the Union's written notice to proceed to arbitration, the Company will meet telephonically with the International Union in a joint attempt to agree upon the selection of a neutral arbitrator.

6.8.2 Federal Mediation and Conciliation Service

If after five (5) Business Days of the discussion the selection of a neutral arbitrator cannot be agreed upon, the Union may request the Federal Mediation and Conciliation Service to furnish a list of seven (7) available arbitrators.

6.8.3 Arbitrator Selection

Within ten (10) Business Days after receipt of the list of arbitrators, the representatives of the Union and the Company will alternately strike names from the list of available arbitrators. The last remaining name on the list shall be the arbitrator to hear the case. The toss of a coin will determine whether the Union or Company strikes off the first name.

6.8.4 Commencement of Arbitration

All arbitration hearings will be conducted at a place mutually agreeable to the Union and the Employer. At the conclusion of such hearing, any party shall have the right to file a post- hearing brief. The arbitrator shall set a reasonable time period for filing such briefs.

6.8.5 Arbitrator's Decision

The arbitrator shall render his/her decision within thirty (30) days from the close of the hearing or date that post-hearing briefs are due, unless the parties agree to extend this time. The decision and award of the arbitrator shall be final, conclusive and binding on all parties. The arbitrator shall not have the authority to amend or modify the Agreement.

The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation of the explicit provisions of this Agreement at issue between the Union and the Employer. The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to establish or alter any wage rate or wage structure, or to ignore the time limits set forth in this Article.

6.8.6 Cost Assessment

The arbitrator may assess the cost of the hearing room and the arbitrator's fees and expenses between the parties based on the degree of the party's success or failure in the issues being adjudicated by the arbitrator. The expense and compensation of any witnesses or other participants shall be paid by the party requesting their presence. If both parties require the services of the same individual, the expenses and compensation will be paid equally. Any other expenses shall be borne by the party incurring the expense. The site of arbitration will be located in proximity to the site of that dispute.

6.9 Class Action

The Union shall have the right to file a class action Grievance on Grievances involving more than one Employee, using the normal Grievance procedure.

6.10 No Individual Arbitration

No Individual may move a Grievance to arbitration. This can only be done by the Union.

6.11 Miscellaneous Provisions

The limits set forth herein may be extended in writing only by mutual agreement between the Local Union or International Union and the Company. When either the Local Union or the International Union withdraws a Grievance, the Company will be notified of such action in writing.

If at any point resolution is achieved, then that resolution will be recorded in writing by the Employer and each party to the resolution will sign an acknowledgement to that fact.

The parties acknowledge that it shall not be necessary for the Employer to follow the above steps when filing a Grievance or referring a Grievance to arbitration. However, the Employer agrees to engage in informal discussions with the Union regarding an alleged contract violation prior to referring the alleged violation to arbitration

ARTICLE VII: WORK SCHEDULE AND HOURS OF WORK

7.1 Work Hours

Generally, between eight (8) or twelve (12) hours of consecutive work will constitute a shift during a regular Workday. However, shifts of four (4) hours may be scheduled. The regular workweek shall commence on Sunday at 0001 and will end on Saturday at 2400 hours.

The work schedule will be published as a rolling schedule. The schedule will show at all times a minimum of fourteen (14) Workdays inclusive of the current week. The outbound week of the schedule will be published no later than midnight on Thursday of each week.

Every Employee shall receive a minimum of eight (8) hours in between scheduled shifts. For example: an Employee is scheduled to work from 1400 to 2200, the Employee shall not be required to return to work until at least 0600 on the following day. Compliance with this section is not required in the event of a bona fide emergency, or if the Employee chooses to work by coming in early or staying after his or her scheduled shift.

7.2 Overtime

An Employee shall be paid one and one-half ( 1.5) times the Regular Pay rate for all hours worked in excess of forty ( 40) hours per week.

Overtime shall be distributed according to Seniority and subject to the Seniority rules outlined in Article III. When scheduling more than sixteen (16) hours of Overtime per Employee in a workweek, the remainder of scheduled Overtime (baring a bona fide emergency), will be dispersed by clearance, qualifications, and Seniority.

Managers cannot be assigned to cover Overtime positions or posts except in emergency situations, or in situations dictated by availability of personnel and amount of notice given for Overtime. The Employer will attempt to rectify Overtime inequalities through the future scheduling of Overtime work.

It is expressly understood that the Company shall have the right to schedule or not to schedule Employees to work Overtime as required. When an Employee is on duty and is assigned to work additional hours, the Employee is required to remain on duty. When an Employee is contacted while off- duty for an assignment, the Employee may refuse the assignment without retribution.

7.3 Meal Break

An unpaid thirty (30) minutes meal break is provided as an offset for the paid thirty (30) minute Guard mount. The thirty (30) minute meal break will be provided after the completion of the first four (4) hours of continuous work. Employees will be paid for a missed meal break if the meal break is missed and the reason for the missed meal break is not the fault of the Employee.

To receive compensation for the missed meal break, the Employee is required to submit a missed meal break request on the Company-provided form by the end of the shift the meal break was missed. The form must include the reason the meal break was missed.

7.4 Relief Breaks

Employees will receive a paid Break on an average of ten ( I 0) minutes for each four ( 4) hours of work as follows:

Early Break: A ten (10) minute paid break in the first four (4) hours of continuous work.

Late Break: A ten ( l 0) minute paid break in the second four ( 4) hours of continuous work. The break will be given if the Employee exceeds six (6) hours of continuous work.

Special Break: A ten (10) minute paid break in the third four (4) hours of continuous work The break will be given if the Employee exceeds twelve (12) hours of continuous work.

7.5 Split Schedule

There will be no Split Schedules during the life of this Agreement.

7.6 Schedule Changes

For the efficient operation of the Company's business, the Company may change the scheduled hours per post after prior written notification to the Union. However, if the U.S. National Park Service mandates a change in the hours of work, the Union may not be notified until after the change has taken effect

Employees may initiate changes to the published schedule by submitting the request in writing, using the Company supplied form and procedures. All requests must be approved by the Project Manager, or the Operations Supervisor, and will affect only those named Employees.

7. 7 Workweek

Recognizing that the Company's need to meet operational and manpower requirements is the priority, the Company will make a best effort attempt to schedule fully qualified Employees with twenty-four (24) months of Seniority for thirty-six (36) hours per workweek. For this section, the hours may consist of work hours, training, holidays, paid vacation, personal/sick days, medical leave, jury duty, military leave, Union leave, funeral leave, unpaid leave, requests for schedule adjustments, time taken under the FMLA, medical call-offs, non-medical call-offs, disciplinary suspensions, and government-mandated changes and closures. Hours scheduled will be paid according to the appropriate provisions of this Agreement. yee has an attendance infraction resulting in Disciplinary Action during the scheduled period, the Employee will be placed in a probationary status (for purposes of this Section only) and may not be eligible for this section for up to the next thirty (30) days. If an Employee has additional attendance infractions resulting in Disciplinary Action during the probationary period, the Employee may not be eligible for this section for ninety (90) days.

7.8 Training

Employees are required to attend all training as directed by the Company. Employees will be paid their Regular Pay rate stipulated in this Agreement for all hours associated with this training.

7.9 Days Off

The Company will make a best effort attempt to ensure Full-Time Employees will be scheduled two consecutive days off during each calendar week of the work schedule. For the purpose of this section, adjacent Saturdays and Sundays in adjacent calendar weeks will be considered consecutive days.

7.10 Call-In-Pay

In the event an Employee reports to work for the Employee's regularly scheduled shift, without having been previously notified not to report to work, the Employee shall be entitled to work the shift or work four (4) hours, whichever is less. The actual hours of work will be paid at the Employee's Regular Pay rate, and Overtime will apply as stipulated in this Agreement. In the event an Employee is called into work after the completion of their regular hours or Overtime, the Employee shall be guaranteed a minimum of four (4) hours work paid at the Employee's

Regular Pay rate, and Overtime will apply as stipulated in this Agreement. The Employee must remain on duty and on location to receive the four ( 4) hours of pay.

ARTICLE VIII: PAYDAYS

8.1 PayDays

Employees shall be paid no later than 1200 on Saturday of every other week for work performed during the previous pay period. However, the Company will make every effort to distribute paychecks by 1600 on Friday of every other week for work performed during the previous pay period. Uncontrollable acts, natural or manmade, will relieve the Company of this requirement.

During such situations, the Company will make every effort to pay the Employees at the earliest possible time.

To facilitate quick and efficient transmission of wages and other benefits, all Employees shall be enrolled in direct deposit of all compensation, including pay discrepancies and final paychecks.

Similarly, in an effort to streamline and expedite year-end tax reporting, Employees' W-2 forms will be provided electronically through Employer's online payroll service and Employees agree to receipt of Form W-2 electronically.

8.2 Process at End of Employment

'When employment ends for any reason, the Employee's final pay entitlements, including hours worked, will be processed and paid on the next full pay period following the Employee's out processing and final timecard submission.

When employment ends for involuntary reasons, the Employee's final pay entitlements, including hours worked, will be processed upon the Employee's out-processing and final time card submission

ARTICLE IX: HOLIDAYS

9.1 Holidays Defined

The following eleven (11) days should be considered holidays for the purpose of this Agreement.

1. New Year's Day

2. Martin Luther King Day

3. Presidents' Day

4. Memorial Day

5. Labor Day

6. Juneteenth

7. Independence Day (July 4th)

8. Columbus Day

9. Veterans Day

10. Thanksgiving Day

11. Christmas Day

Employees may substitute their birthday for any holiday that falls prior to their birthday within the same calendar year. The Employee must notify their supervisor in writing at least one full pay period in advance of the change.

Any reference to "holiday" in this Agreement shall refer to the aforementioned holidays.

9.2 Full-Time Employees

All Full-Time Employees, otherwise meeting all conditions stated herein, will be paid their Regular Pay rate of pay for eight (8) hours for each holiday.

Employees required to work on holidays will receive their Regular Pay rate up to nine (9) hours worked and appropriate Overtime for all other hours worked on that holiday, in addition to holiday benefit.

9.3 Part-Time Employees

Any Part-Time Employee who works on a holiday shall receive the Employee's Regular Pay rate up to nine (9) hours worked and appropriate Overtime for all other hours worked on that holiday, in addition to the holiday pay. Part-Time Employees will earn the benefit based on a "pro-rata" calculation which is based on the number of hours the Employee worked in the two workweeks prior to the workweek in which the holiday occurs.

9.4 Miscellaneous Holiday Provisions

To be eligible for holiday benefit, all Employees must work during the workweek in which the holiday occurs and must work his or her last scheduled shift proceeding, and the first scheduled shift after the holiday. Also, an Employee that fails to work on a holiday after being so scheduled shall not receive the holiday benefit. The only exception to this provision is if the Employee has been pre-excused in writing by the Company.

An Employee scheduled to work on a holiday that refuses to work the holiday or fails to report to work, will not be paid for the holiday.

Holidays will be observed in confonnance with the Contract schedule for holidays. The only exception is the substitution of the Employee 's birthday for a holiday. Any additional holiday(s) authorized by Congress or the President of the United States shall not be paid to the Employees unless the Government compensates the Company for said holiday.

ARTICLE X: VACA TIO NS

10.1 Vacation

Employees shall be entitled to annual vacation pay. Vacation entitlements are detem1ined by an Employee' s length of continuous service working as a contract Security Officer on the US Park Service contract measured from the last Date of Hire with Inter-Con Security Systems, Inc. , or length of continuous service working as a contract Security Officer on the US Park Service contract measured from the last Date of Hire with a previous US Park Service contract security provider. The Date of Hire and continuous service on the contract marks the start of vacation benefits. Vacation entitlements are stated below:

Employees employed for one (l) full year by the Company shall cam paid vacation entitlements at the rate of 0.03846154 for all Straight-Time Hours paid at the Regular Pay rate. Maximum earned vacation entitlement is eighty (80) hours.

Employees employed for five (5) full years by the Company shall earn paid vacation entitlements at the rate of 0.05769231 for all Straight-Time Hours paid at the Regular Pay rate. Maximum earned vacation entitlement is one hundred twenty ( 120) hours.

Employees employed for fifteen ( 15) full years by the Company shall earn paid vacation entitlements at the rate of 0.07692308 for all Straight-Time Hours paid at the Regular Pay rate.

Maximum earned vacation entitlement is one hundred sixty ( 160) hours.

Employees employed for twenty (20) full years by the Company shall earn paid vacation entitlements at the rate of 0.09615385 for all Straight-Time Hours paid at the Regular Pay rate.

Maximum earned vacation entitlement is two hundred (200) hours.

Vacation hours shall become vested annually on the employee's anniversary date. Vacation entitlements are earned by the year based on the Employee' s Date of Hire. Straight Time Hours paid during an anniversary year are measured from the beginning of the pay period in which the anniversary falls and includes the twenty-six (2) consecutive pay periods going forward (i.e., one full year). Vacation pay will be paid as vacation entitlements are used.

Employees will not receive pay for days taken in excess of vacation entitlements. Earned vacation pay shall be paid on the first full payday following the Employee's return to work after their vacation.

10.2 Unused Vacation

Vacation entitlements shall not be cumulative from one year to the next. Any earned but unused vacation entitlements remaining on the Date of Hire anniversary shall be paid to the Employee.

Payments will be made on the next full pay period following the end of the year of service.

Payments will be based on Employee' s Regular Pay rate at the time of payout.

10.3 Pay in Lieu of Vacation

Employees may request in writing to be paid for earned vacation in lieu of taking actual vacation. Payment of request for pay-in-lieu of vacation will be made during the last pay period of the month following the submission of the request for pay-in-lieu of vacation. Payments will be based on Employee's Regular Pay rate at the time of payout.

10.4 Terminating Employees

When employment ends for any reason, Employees will be paid at the Regular Pay rate for any "vested" but unused vacation entitlements in their last paycheck. Vacation entitlements will be paid on a pro-rata basis in case of an Employees' death. Vacation entitlements will be paid on a pro-rata basis for terminating Employees with five (5) or more years of service.

10. 5 Laid Off Employees

Length of service with the Employer shall accrue for up to one (I) month for the purposes of vacation benefits while an Employee is laid off due to lack of work, if the Employee is recalled to work within one (1) month.

10.6 Vacation Increments

Vacation entitlements must be taken in eight (8) hour increments. Vacation entitlements may be used in twenty-four (24) hour or more increments providing the vacation request procedures in Article XI: Processing Vacations and Leaves, are followed. Vacation entitlements of eight (8) or sixteen (16) hours may be taken with less than two (2) full pay periods ' notice, providing the request does not create Overtime

ARTICLE XI: LEAVES OF ABSENCE

11.1 Limitations

An unpaid leave of absence up to four ( 4) consecutive workweeks may be granted at the discretion of the Company without loss of Seniority to the Employee.

11.2 Medical Leave

An Employee may be granted an unpaid medical leave of absence for a specified period not to exceed two (2) months (six (6) months for pregnancy), providing the medical reason is reported to the Company prior to the leave or within three (3) Business Days of any emergency. The aforementioned time is in excess of any FMLA entitlements or other leave protections provided by applicable Federal, State or local provisions. The Employee must provide a doctor 's certificate stating the nature of the illness and the estimated length of time the Employee will be unable to perform the Employee's job. During the leave, the Employee is required to furnish a similar report from a doctor every thirty (30) days. When the Employee is ready to return to work, the Employee must provide a doctor's certificate indicating that the Employee is fit for full duty as a Security Officer. During the period that the Employee is away from work, the Employee is required to turn in all uniforms and equipment. Before an Employee can return to work, the Employee must meet all contract-required qualifications.

11.3 Military Leave

Employees in the U.S. Armed Forces Reserves or the National Guard will be granted military leave to attend required Reserve or National Guard activities and directed training, if they are activated. Employees will keep the Company informed regarding their status and required drill or training dates. The Company will be informed in writing by the Employee within ninety-six

(96) hours of the Employee learning of drill or training requirements. The Union will contact Employees at the Company's request to assist in getting the required data or information.

Employer is not required to compensate employees for time spent on military leave, except as required by law. Any compensation paid by employer to Employee for military leave may be off set by pay received for said leave, as provided by law.

11.4 Union Leave

All Union affiliated Employees shall receive eight (8) hours per calendar month of time off in order to attend to their Union duties (baring an emergency). However, extensions of time may be granted in writing by mutual agreement between the Project Manager and the Union. Union affiliated Employees are defined as the officially appointed or elected President, Vice President, Treasurer, Secretary, and Shop Stewards. Time off to attend to Union duties shall not be paid by the Company but by the Union at the Employee's Regular Pay rate. This time is not cumulative and must be utilized within the current calendar month. A Union representative is required to submit the required documentation in accordance with the established Company procedures on behalf of the Employee in attendance.

11.5 Funeral Leave

In the event of death in the immediate family, the Employee will be granted three (3) days of emergency leave with pay. The three (3) days of funeral leave will not include the Employee 's regular days off. One of the three (3) days of funeral leave must be the day of the funeral. For the purpose of this section, the immediate family is defined as the father, mother, father-in-law, mother-in-law, grandfather, grandmother, sister, brother, spouse, domestic partner, children, and stepchildren of the Employee. A copy of the death certificate, obituary, or funeral program and proof of relationship must be provided to the Company upon the Employee's return from funeral-leave. Bereavement days shall not be cumulative (carried over, year over year) nor shall they be payable if not used.

Employees may be afforded the opportunity to take two (2) additional days of paid bereavement if the leave destination (location of the funeral) exceeds two hundred (200) miles from the Employees' residence.

11. 6 Family Medical Leave

The Family Medical Leave Act of 1993 and any State or District of Columbia FMLA provisions are incorporated herein by reference.

11. 7 Processing Vacations and Leave

The Employee in writing, using the Company provided form, must submit requests for vacation or a leave of absence. All requests except for funeral or emergency leave will be submitted to the Employee's supervisor at least thirty (30) days prior to the first date of leave. Employees with one ( 1) year or more of service may submit their request up to forty-five ( 45) days prior to the first date of leave. Vacation entitlements of eight (8) or sixteen (1 6) hours may be taken with less than thirty (30) days' notice, providing the request is submitted prior to the new schedule being published and the request does not create Overtime.

Approval or denial of the requested leave will be returned to the Employee within ten ( I 0) days.

Approval or denial of funeral or emergency leave will be provided within twenty-four (24) hours. All vacations and leaves are subject to cancellation due to operational commitments.

However, Employees who have been granted leave and can provide proof of pre-paid vacation plans will be allowed to take their previously approved leave.

Extensions of vacation or leave of absence will be considered and processed on a case-by-case basis. Decisions will be based on operational needs, requests from other Employees, and vacation entitlement due the requesting Employee.

11.8 Jury Duty

Employees called for jury duty will be granted unpaid time off for jury duty. Proof of days served on jury duty must be provided to the Company to receive payment. Under no circumstances is the employer required to reimburse Employee for jury duty if not required by law. Any sums employer is required to pay for jury duty may be offset by any fee received as a result of said duty, as provided by law.

11.9 Voting

The Company and the Union encourage Employees to fulfill their civic responsibilities by voting in elections. Employees who choose to vote are required to notify their supervisor of any schedule conflict. Work schedules will be adjusted to accommodate Employees ' voting.

Employees are reminded that voting locations are generally open in excess of twelve (12) hours on Election Day and that voting can take place prior to or after scheduled work.

11.10 PersonaVSick Leave

All Employees will accrue one ( 1) hour of paid sick leave for every thirty (30) hours worked up to a maximum of 56 hours annually pursuant to EO 13706. Employees who separate from the Company shall not be entitled to payment for any unused sick leave.

Personal/Sick days will be paid at the Employee's Regular Pay. The Personal/Sick day will be listed on the Employee's time sheet by the Employee.

Any Employee who is unable to report to work because of illness shall notify the Employer as soon as is practicable, but in no event less than two (2) hours prior to the beginning of his/her shift.

Employees taking a Personal/Sick day are required to arrange the time off with their supervisor prior to taking the time off or to utilize the normal call-in procedures if the time off was not planned in advance. Employees failing to make prior arrangements or not calling in prior to the start of their scheduled duty (if making prior arrangements or calling off is possible or practicable) will be charged with a Time and Attendance Infraction.

Employees can carry over two (2) Personal/Sick days into the next year period. Any additional Personal/Sick days not used or carried over will be paid out at the end of the year period.

Payments will be made during the next full pay period after the year period ends

ARTICLE XII: EQUAL OPPORTUNITY…