C05__Attachment_3_-_Collective_Bargaining_Agreement.pdf

Agreement between

Chenega Security International – California and

United Government Security Officers of America and its Local #223 at the Shasta Dam, Redding CA

July 30, 2020 – July 29, 2023

AS REVISED JUNE 28, 2022

PREAMBLE

THIS AGREEMENT is entered into by and between Chenega Security International-

California, hereinafter referred to as the “Company,” and United Government Security Officers of

America, International Union and its Local #223, hereinafter referred to as the “Union,” as the sole and exclusive representative with respect to rates of pay, hours of employment and other terms and conditions of employment for of all full-time and regular part-time armed security officers and alarm monitors as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, located at the Shasta Dam (“Site”) located in Redding, California (the “Employees”). The purpose of this Agreement is to promote the mutual interest of the Employees and the Company, to further the efficiency and economy of operations, to provide orderly and equitable dispositions of grievances, and a method for the establishment of fair wages, hours and working conditions for the Employees covered hereunder. In making this Agreement, it is recognized to be the duty of the Parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

ARTICLE 1 – UNION RECOGNITION

SECTION A

The Company hereby recognizes the Union as the sole bargaining agent of all Employees located at the Shasta Dam site in Redding, California excluding all other employees, managerial employees, administrative and professional employees, and supervisors as defined in Section

2(11) of the National Labor Relations Act.

SECTION B

Whenever the words “Employee” or “Employees” are used in this Agreement, they designate only such Employees as are covered by this Agreement. Whenever in this Agreement

Employees or jobs are referred to in the specific gender, it will be recognized as referring to both male and female Employees.

SECTION C

It is understood by this Section that the parties hereto shall not use a leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer wherever this Agreement is applicable.

ARTICLE 2 – UNION MEMBERSHIP AND CHECK-OFF

An Employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent of tendering the membership dues uniformly required as a condition of continued employment.

An Employee who is not a member of this Union at the time this Agreement becomes effective, as a condition of employment 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, an d as a condition of continued employment, shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, for the duration of this Agreement.

Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General Motors

Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735

(1988).

SECTION D

The obligations set forth in this Article shall only be effective to the extent permitted by controlling law.

SECTION E

The Union shall be responsible for enforcing the requirement that employees fulfill their dues or fee obligations. Among the Union’s enforcement options is the filing of a civil suit against the delinquent employee. The Union will make all reasonable efforts to correct the situation before commencing litigation. The Company will be responsible for garnishing the wages of any

Employee found in violation of this Article as a result of a civil suit filed against the Employee.

SECTION F

The Union, including its International Union, agrees to save and hold the Company harmless from any and all claims, actions, suits, damages, or costs, including any reasonable attorney’s fees incurred by the Company, on account of any matter relating to the terms of this

Article, including, but not limited to, any claims by any Employee(s) and compliance with the law.

SECTION G

The Company agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of Employees who voluntarily authorize the Company 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 Employee has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet including the names, addresses, last four digits of the social security numbers of the Employees and the amount of dues deducted from each, shall be remitted to the International Union within fifteen (15) days after the first regular payday of the month.

SECTION H

The Company will provide to the U ni on quarterly reports that will include each current Employee’s name, address (including city, state, zip code), email address, and current wage rate. The Company shall also inform the Union, 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.

SECTION I

The Company will provide the Union a list of newly hired and terminated Employees covered by this Agreement in each month such event occurs. Such list will show the name, address, hire or termination date of such Employees.

SECTION J

The Union agrees it will promptly furnish to the Company a written schedule of the Union dues, initiation fees, and proportionate share payments currently required. The Union also agrees to promptly notify the Company 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.

SECTION K

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

ARTICLE 3 - EQUAL OPPORTUNITY

Neither the Company, nor the Union, shall discriminate against any Employee based on age, sex (except where age or sex is a bona fide occupational qualification), color, race, religion, national origin, disability or veteran’s status, marital status, sexual orientation, gender identity, or genetic information in accordance with the requirements of applicable federal, state or local law.

The Company and the Union also recognize the desirability of providing equal opportunity to all persons and agree to work actively toward the implementing of that policy.

There will be no discrimination against any Employee because of membership in, or activity on behalf of the Union.

Both the Company and the Union endorse a zero tolerance for any form of harassment against a fellow Employee, client employee or workstation visitor.

ARTICLE 4 – ACCESS TO FACILITY

Duly authorized representatives of the Union shall be permitted to investigate the standing of all Employees and investigate conditions to see that the Agreement is being enforced, provided that no interview or contact shall be made, held or conducted in any working area or during working time, unless prior approval has been given by the highest-ranking Company representative then present at the Site. The Union shall obtain permission from the Project Manager in order to be on the Site and will comply with all policies and procedures applicable to Site visitors. However, such permission shall not be capriciously denied. The Project Manager will provide the Union with necessary paper work to be submitted to the Security, Safety, and Law Enforcement

Office in order to be granted access.

ARTICLE 5 – PROBATIONARY PERIOD

Every new or rehired Employee, after the effective date of this Contract, shall be on probation for the first ninety (90) calendar days after completion of the orientation and training period. With written notice of the need for extension, the Company may extend the probationary period in increments of 30 days for up to a total of ninety (90) additional days.

At any time during such an initial probationary period, an Employee (new or rehired) may be discharged for any reason, and any such Employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure.

The Union will be notified whenever a new hire training class is scheduled. The Union shall have the right to speak to the new hires the first week of orientation or training period and the Company will facilitate the Union by allowing time to speak for one (1) hour.

SECTION D

Any Employee promoted to a job classification covered by this Collective Bargaining

Agreement from a lower paid classification shall be on probation for the first ninety (90) calendar days of employment in the new classification. With written notice of the need for extension, the Company may extend the probationary period in increments of 30 days for up to a total of ninety (90) additional days. At any time during such a probationary period, the Company may, for any reason, return that Employee to his former classification without recourse to the grievance procedure.

ARTICLE 6 – SENIORITY

It is agreed that the Company will provide the Union a seniority list for all Employees employed in the unit at the time of the signing of the Agreement. The following Sections in this

Article shall become applicable and shall be in full force and effect upon the establishment of said seniority list.

Not later than thirty (30) days prior to the expiration of the Company’s contract covering the

Site, the Company shall furnish the Union and the successor contractor a list of all its current

Employees together with their dates of hire.

In the event that the Company finds it necessary to lay off Employees for any reason, other than disciplinary or investigatory, such layoffs shall be on the basis of seniority within the affected classification. Probationary Employees shall be laid off first selected by the Company.

Probationary Employees shall not accrue seniority while on layoffs. Non-probationary Employees shall be the next to be laid off on the basis of seniority. The Company shall recall such laid off

Employees in the reverse order of seniority. Senior Employees may exercise their seniority rights by taking a job in a lower classification in which there is an opening for which they qualify at the time of lay off. Qualifications of an Employee for a lower classification will be determined by the position qualifications in the government approved/accepted Company job description.

Seniority for purposes of this Agreement except for the specific purpose set forth in Article

5 shall be defined as the length of time an Employee has been continuously employed in a bargaining unit position at the Site beginning with the date on which the Employee began to work after last being hired. However, any employment with the Company at any site will count for purposes of vacation accrual. For Employees who were employed by the Company when it took over the contract, the seniority date shall be the same as the seniority date (hire date) identified by the predecessor contractor to include prior company employment date. Seniority for Employees hired on the same date shall be determined alphabetically by the first letter of the last name.

Seniority will be used to grant conflicting vacation requests, to assign overtime (both voluntary and mandatory) and as a tiebreaker in making promotion decisions. Seniority will be used as a factor in making decisions regarding promotions and leaves of absence requests.

For future Employees, an Employee’s seniority shall commence after the completion of his/her probationary period and shall be retroactive to the most recent date of hire.

An Employee shall lose his seniority upon retirement, resignation or termination for just cause, or after being laid off for more than 12 months. An Employee will be considered to have resigned if he:

• fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the Employee such as an “Act of God.”

• is absent for any scheduled workday during the term of this Contract without notifying or advising the Company, unless the Employee is unable to do so due to conditions beyond his/her control.

• fails, while on layoff, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than five (5) workdays and provided that the Employee notifies the Company within forty-eight (48) hours of such notice that he will return to work within the five (5) day period.

SECTION F

An Employee will be considered terminated based on loss of Site clearance or instruction by the Client that the Employee is no longer permitted on Site. The client’s request should be in writing and state the reason why the Employee is to be removed unless the client refuses to comply. In the event the client fails to provide notification in writing within twenty-four

(24) hours, the Company will request in writing that the client do so and provide a copy of the request to the Union. The Company also shall acknowledge, in writing to the Union, that the

Employee has been denied access to the Site by the client.

An Employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement will no longer continue to accrue seniority; however, should the employee return to the bargaining unit within six months, he shall retain the seniority he had before leaving.

The Company shall have the discretion to fill all job openings covered by this Agreement in order to meet the contract requirements. The Company agrees to first attempt to hire from within. The Company at all times shall be free to advertise and list said job openings externally and to otherwise fill its job openings from sources available to the Company.

The Company shall be the sole judge of the qualifications of all new applicants.

SECTION J

When a position opens or becomes vacant, the position will be posted promptly for a period of seven (7) calendar days setting out the qualifications and allowing employees to bid. When the qualifications of bidders are equal, the successful bidding Employee will be selected to fill the opening on the basis of seniority. Should a full-time opening become available and be awarded to a part-time Employee, that Employee’s status will then be changed to that of a full-time Employee.

Part time opportunities will also be offered in the same manner.

ARTICLE 7 – DISCIPLINE

No Employee shall be suspended or discharged without just cause. All disciplinary counseling and discharge notices shall be in writing. The following are representative of the types of misconduct which may result in immediate termination regardless of the number of prior counselings: theft, intoxication on the job or other violation of the Company’s drug and alcohol policy, failure to perform work as directed, violation of contract provisions, government regulation, applicable Federal and/or State Laws, insubordination, security or safety violations or other violations of the Company’s Work Rules and Standards which are of a more serious nature.

The Company may discipline an Employee in accordance with its Employee Reference Guide and policies which are made known to the Union, including the Work Rules and Standards. In determining the appropriate level of discipline, the Company will consider prior disciplines, among other relevant factors.

Subject to, and in accordance with, the National Labor Relations Act, any investigatory interview between an employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union

Representative, if the Representative is not readily available, arrangements will be made to include the Representative via a conference call within twenty-four (24) hours.

When an Employee is suspected of committing an offense which would result in suspension or discharge, the Company may place such Employee on administrative leave while the matter is investigated. This leave will be unpaid if the Employee’s own conduct led to the

Company’s good faith belief that the Employee committed an offense or the client requests in writing that the Employee be removed during the investigation. This leave will also be unpaid if the Employee is suspended as a result of an arrest by a civil authority.

Disciplinary Notices: Copies of all disciplinary notices shall be provided to the Employee and contemporaneously to the Union representative. Copies of such notices shall be maintained in an Employee’s file kept on Site and/or headquarters and after a period of twelve (12) months following the date of issuance shall not serve as the basis for disciplinary action. Any Employee who has filed a grievance protesting disciplinary action shall be entitled to review his disciplinary file and to receive copies of any current disciplinary notices.

Progressive Discipline for Lesser Offenses: Generally, discipline for offenses when discharge is not appropriate penalty for a first offense shall be applied in the following manner:

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

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

C. When an Employee has a third offense of any manner, the Employee shall be suspended without pay for a period of 1 to 3 days at the sole discretion of the Company.

D. With respect to an Employee fourth offense of any manner, the Employee shall be terminated.

Generally, disciplinary decisions for lesser offenses will be rendered within ten (10) days and disciplinary decisions for major offenses will be rendered within twenty (20) days. The parties acknowledge that, under certain circumstances, individual cases may take longer to evaluate, in which case an extension of time will be requested and shall not be unreasonably denied.

ARTICLE 8 – GRIEVANCE PROCEDURE

A grievance is defined as a claim or dispute by the Company or Employee or the Union concerning the interpretation or the application of this Agreement or any amendment thereto. In order to be a grievance, there must be a tangible employment action which adversely affects an employee. Probationary Employees shall not have any rights under the grievance procedure. Any grievance involving the suspension or termination of an employee may commence at Step 3 of the grievance process.

The grievance must be presented in writing, setting forth the facts upon which the grievance is based, the provisions of this Agreement allegedly violated, and the remedy requested. The grievance shall be submitted and processed in accordance with the following exclusive procedures:

STEP 1. The Employee and/or his Union Representative who has a grievance shall discuss it with the Project Manager (PM) or his designee. If the grievance is not settled at the Step

1 meeting, then within seven (7) calendar days of the meeting, or if a meeting is not held within seven (7) calendar days of receipt of the grievance, it may be appealed, in writing, by the Union Representative to the Director of Operations to Step 2. Company grievances shall be processed beginning with Step 2.

STEP 2. The Union Representative, the Project Manager, and the Director of Operations will discuss the grievance. The meeting may be conducted either by a face-to-face meeting or by a telephone conference. A written response will be provided to the Union within seven (7) calendar days following the meeting. If the grievance is not disposed of to the satisfaction of the party filing the grievance at Step 2, then within seven (7) calendar days of the written answer, or i f a meeting is not held within seven (7) calendar days of the receipt of the appeal to Step 2, the grievance may be appealed in writing to Step 3 by the party or representative of the party filing the grievance.

STEP 3. Within seven (7) calendar days after the receipt of an appeal by the opposing party, the parties (the Company represented by their designated representative, the Director of Operations or his designee) and the Union represented by its designated representative(s) will attempt to settle the grievance. The meeting may be conducted either by a face-to-face meeting or by a telephone conference. The party being complained against shall render that party’s written decision within seven (7) calendar days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party, then within twenty (20) calendar days of receipt of such written decision or if a meeting is not held within seven (7) calendar days of the receipt of the appeal to Step 3, the grievance may be appealed to arbitration by the Company or the Union by notifying the other party in writing.

Only the Union can advance a grievance to arbitration.

A grievance shall be without effect unless filed in writing within seven (7) calendar days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

At any step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein. The Parties may mutually agree that further representatives may be present.

The time limits set forth in this Article may be extended mutually in writing. Time limits are inclusive of Saturday, Sundays and Holidays agreed upon in this Agreement. Any grievance not appealed or processed within the time limits and in the manner set forth in the grievance procedure shall be considered settled on the basis of the last step completed.

ARTICLE 9 – ARBITRATION

The party requesting arbitration s hall be responsible for obtaining a panel of no less than seven (7) arbitrators from the Federal Mediation and Conciliation Service (FMCS) from which the parties shall select an arbitrator. The requesting party shall be responsible for all associated costs with obtaining a panel. A representative of the Company and a representative of the Union shall alternately strike. The non-filing party shall have the first strike. The last remaining person shall thereupon be selected as the impartial arbitrator. Either party shall have the right to request a new panel from the FMCS one time.

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. A witness who is located out of town may testify by telephone if allowed by the arbitrator and with prior notice to the other party. The impartial arbitrator will render his finding and award in writing within thirty (30) calendar days after conclusion of the hearing or submission of post-hearing briefs, if either party requests the opportunity to submit their arguments in writing. The decision of the arbitrator shall be final and binding.

The arbitrator’s authority shall be limited to finding a direct violation of an express provision of this Agreement. Once the Company has proven a violation by the Employee, the arbitrator shall have no authority to modify the discipline imposed unless it can be demonstrated that the Company failed to follow progressive discipline or that the Company did not have “just cause” to impose either suspension or termination.

The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement. The hearing will be conducted pursuant to the Federal Rules of Evidence. Hearsay testimony shall not ordinarily be permitted.

Any award of back wages shall be limited to the amount of wages the employee would have otherwise earned from his employment with the Employer minus any earnings from any source during the backpay period including unemployment compensation. Liability for lost benefits shall be limited to the amount of such benefit contribution by the Employer as set forth in this

Agreement. In the event the client states in writing they will not allow the officer to return to the

Site, the Company’s only obligation is to offer the officer a position at another site if a vacancy exists within 30 days for which the officer is qualified.

All fees and expenses of the Arbitrator, including the cost of a hearing room, shall be borne equally by the Parties, except where one of the Parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing party shall pay such charge unless such postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the Parties. A postponement charge resulting in a joint postponement request shall be borne equally by the parties. If an employee witness is called by the Company, the Company will reimburse for time lost at his regular straight time base rate. If any employee witness is called by the Union, the Union will reimburse such person for time lost. Officers who need time off to testify must provide sufficient notice to the Company to enable a replacement to be scheduled. Either party may arrange for a transcript to be prepared at their own cost.

One party or “Ex Parte” proceedings will not be utilized. Unless the parties agree otherwise, the arbitrator may hear only one (1) grievance at a time.

ARTICLE 10 – MILITARY LEAVE

The Company will comply with the provisions of the Uniformed Services Employment and

Reemployment Rights Act of 1994, 33 U.S.C. § 4301 et. seq. (“USERRA”). Leave taken under

USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave. If covered by company benefits, it is the employee’s responsibility to coordinate continued coverage with the company and to pay any Health Insurance premiums as applicable. Payments of premiums is to be made by cashier check or money order.

An Employee who is a member of a military reserve unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty.

An Employee applying for leave under this Article will give the Company at least fifteen (15) working days’ notice prior to reporting, if possible, and provide a copy of their orders to the PM and Chenega HR.

ARTICLE 11 – LEAVE OF ABSENCE

Employees with twelve (12) months or more of continuous service who are not eligible for

Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (“CFRA”) and/or other protected leave may request a personal unpaid leave of absence not exceeding twelve (12) weeks. Whether to grant such a leave request is at the discretion of the Employer. Such leaves of absence may be granted for restoration of health, medical, dental or other treatment, and maternity leave, and if granted will not prejudice seniority status for purpose of layoff and recall. Such leaves of absence will only be approved on a case-by-case basis after due consideration of all facts and circumstances.

Upon return from of an unpaid leave of absence, the employee will be returned to work to his or her prior position unless it is has been filled, in which case the employee will be returned to the first available position for which he/she can qualify in his/her job classification on the basis of seniority unless reinstatement to an equivalent position is required by law.

An employee who engages in gainful employment without permission from the Company while on paid or unpaid leave of absence or paid company leave shall be subject to discharge.

All leaves of absence, either under the terms of this Agreement or personal leaves of absence shall be for a specific designated period of time, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

SECTION E

All leaves of absence must be applied for in writing and responded to in writing by the

Company. A request must be as far in advance as possible but in no event less than fourteen (14) days before the leave unless an emergency made providing earlier notice impossible. The

Company will provide written approval or disapproval of all leave requests reasonably promptly.

Requests for FMLA and/or CFRA leave will be made and processed in accordance with the terms of the FMLA and/or CFRA and the Company’s FMLA and/or CFRA policy to the extent not inconsistent with the FMLA and/or CFRA.

A full-time employee who has completed his or her probationary period and who is required to report for jury duty or who has been subpoenaed as a witness shall be reimbursed eight (8) hours of pay at the straight time rate of the employee’s regular job for each day of work hours lost as a result of serving on a jury; provided, however, that such reimbursement shall not exceed eight (8) hours per day or forty (40) hours per week.

To be eligible for jury duty leave with pay, an employee must present the jury notice to the appropriate supervisor in advance of the jury duty. In addition, at the conclusion of the service, an employee must obtain from the clerk of the court a certification of the time spent on jury duty and present such certification to the supervisor.

Reimbursement will be made following receipt of evidence of the amount of jury duty pay received, if any. It is preferred that employees endorse the check from the court system, or other individual to the Company, and submit it to Human Resources, who will forward it to Corporate

Treasury.

The reimbursement for jury duty shall not exceed ten (10) paid working days (80 hours) each calendar year. The employee may use accrued PTO or time off without pay for any time required beyond the eighty (80) hours. Hours paid for jury duty will be counted as hours worked for the purpose of computing PTO and holiday pay. Leave while on jury duty will not be counted as hours worked for the purpose of computing overtime.

Employees who are on telephone “call-in and release” status will only be reimbursed for the time spent at the courthouse.

No compensation shall be paid by the company for jury duty on Saturdays, Sundays and holidays unless the employee had been scheduled to report to work on such Saturday, Sunday or holiday. Jury service pay will be paid to Full-Time employees only. The company reserves the right to request an exemption or postponement of jury service. An employee who reports for such service and is excused therefrom shall immediately contact his immediate supervisor and stand ready to report for work, if requested.

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

An Employee who has completed his or her probationary period may request a leave of absence for personal or Non-FMLA or Non-CFRA related medical reasons. The maximum amount of such leave an employee is allowed to take is 12 weeks in a 12-month period, unless additional leave is required as an accommodation or granted by the Company. Any combination of Non-

FMLA and FMLA and/or Non-CFRA and CFRA leave may not exceed this maximum limit. Any such request must be in writing and state the reason for and length of the desired leave. The

Company may require documentation verifying the need for leave and related information.

Employees granted such leave will be required to use any accrued but unused leave balances prior to going into unpaid status.

If covered by company benefits, it is the employee’s responsibility to coordinate continued coverage with the company and to pay any health insurance premiums as applicable.

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

Leave under this Article shall be allowed provided it does not interfere with the company’s business and scheduling needs or cause the Company to incur additional overtime expense. It is the Company’s determination to decide whether leave is warranted but such request will not be unreasonably denied. Upon giving notice of intent to return to work, an employee shall be scheduled to report to his or her former shift and site, if available. If the employee’s former shift or site is not available, the employee shall be assigned a shift and site as the company determines necessary to its scheduling needs. Employees on leave of absence who accept other employment during such leave, or who do not return to work on such terms as required by the company, shall be considered as having voluntarily resigned.

In the event of a death in the immediate family of a full-time employee, the employee will be granted bereavement leave of up to three (3) work days with pay. Bereavement pay will not be used for the purposes of computing overtime and will be paid at the employee’s straight-time pay rate at the time the leave was taken. These three (3) days are to be taken consecutively within a reasonable time of the day of the death or day of the funeral and may not be split or postponed without prior approval from the Corporate office. For the purpose of this Article, immediate family is defined as: Spouse, Domestic Partner, Child/step-child/foster child, Siblings/step-siblings, Parents (including in laws), Step-parents/foster parents, son-in-law/daughter-in-law, grandparents/grandchildren, and/or legal guardian or person for whom the employee is a legal guardian.

With reasonable advance written notice, the Company agrees to grant one Union Officer or delegate an unpaid leave of absence for the purpose of attending Union training, conventions or other meetings of vital interest to the UGSOA, provided it does not substantially affect the operating efficiency of the Company. Union leave shall be limited to ten (10) working days for the representative per calendar year not including days off for contract negotiations.

ARTICLE 12 – SHOP STEWARDS

A maximum of one (1) Shop Steward shall be designated by the Union from the group they are to represent, and the Union will notify the Company of the duly designated Shop Steward at this workstation and the effective date on which they assumed said role. The Union may designate an alternate Steward when the regular Steward is absent.

The Shop Steward shall not interfere with the management of the business or direct any work of any Employee but may advise the Company of any violations of the Agreement and also notify the Employee participating therein. Regardless of any such notification by the Shop Steward to an employee, the Employee shall obey and comply with any and all lawful directions of the

Company’s supervisors and shall have the right to grieve any perceived violations of this contract.

A Steward must obtain permission from his or her supervisor before leaving their workstation to conduct union business. Stewards shall not allow their union activities to interfere with their work or the work of other Employees. Stewards must clock out when performing internal union business and clock back in when returning to work. Stewards will not be paid by the

Company for time conducting internal union business.

ARTICLE 13 –WAGES

The schedule of effective wage rates and job classifications for Employees is set forth in the applicable Appendix attached hereto.

ARTICLE 14 –HOURS OF WORK AND OVERTIME

SECTION A

The Company shall have the exclusive right to determine the number of shifts and the starting and quitting times of each shift. Employees shall receive one and one-half (1 1/2) times their regular rate of pay for all hours worked in excess of eight (8) hours per day or in excess of forty (40) hours per week. Employees shall receive double their regular rate of pay for all hours worked in excess of twelve (12) hours per day.

SECTION B

In filling available overtime, the Company will first uti l ize part time Employees

The Company shall have the exclusive right to determine the number of shifts and the starting and quitting times of each shift.

to f i l l the shift . The Company will then request volunteers on shift. If unsuccessful, overtime will be on a rotating basis starting at the top of the overtime list. Once forced, or volunteered, the Employee will then go to the bottom of the list. An Employee who is forced or volunteers, to include being called in prior to his scheduled shift or held over after his scheduled shift will not have his regular scheduled shift hours for the workweek changed to avoid overtime due to these increased hours, unless desired by the Employee. The above procedure will be followed whenever practical, but when there is insufficient time to follow this procedure due to unforeseen circumstances, the Company may deviate from these procedures in order to fulfill the staffing requirements of the client. A written explanation of the reasons for the deviation from the above procedure will be provided to the Union upon request.

No overtime will be worked except by prior authorization/direction of the proper supervisory personnel of the Company. The Company reserves the authority to make changes to the shift schedule and hours as operational requirements dictate. A written explanation of the reasons for the changes will be provided to the Union upon request.

The workweek shall commence on Sunday at 0001 and end at 2400 on the following

Saturday. Nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per week; however, the normal workweek for full-time Employees shall be thirty-six

(36) to forty (40) hours per week. The workday is defined as the 24-hour time period commencing d a i l y a t 1 2 : 0 0 A M a n d e n d i n g a t 1 1 : 5 9 P M with the Employee’s regular starting time.

Employees are required to report for work at their scheduled starting times. An Employee must notify the on-duty shift Lieutenant at least four (4) hours in advance of his scheduled starting time if he is unable to report for work unless it is impossible to do so. An Employee who reports for work late or leaves prior to the scheduled stop time will be paid only for the hours act u al l y worked and may be subject to disciplinary action. The Company reserves the right to require an Employee to provide verification of the reason for a late arrival or early departure in accordance with Company Policy.

All Employees must have their current phone number and physical and email address

(if one) on record with the Company. It is the obligation of every Employee to keep the Company informed of changes to his current physical and email address and telephone number. The

Company will not provide this information to any third party other than the Union without a legitimate business need. Contacting an employee at their listed contact telephone number is an acceptable means of communicating with the employee. However, all work assignments and requests to report will be made in a live discussion and not via voicemail.

Meal Periods: Employees who work more than five (5) hours in a workday shall be provided one thirty (30) minute meal period. Employees who work more than ten (10) hours in a workday shall be provided a second thirty (30) minute meal period.

The Parties acknowledge that the unique and important requirements of providing adequate around the clock security for the Site usually prevents Employees from being relieved of all duties in order to take an uninterrupted and unpaid 30-minute off-duty meal period during a work shift. The nature of the work performed by the Employees requires performance of security services stationed alone at a remote work site. Taking a 30-minute meal break during which the

Employee is relieved of all duties is impractical, and interferes with the time-sensitive and highly visible work that the Employees perform.

Accordingly, all Employees will continue to use On Duty Meal Period Agreements

(ODMPA’s) prepared by the Company to receive "on duty" paid meal periods whenever the nature of their work prevents them from being relieved of all work duties during a meal period. During on-duty meal periods, employees may eat while working. Employees will be paid for these on duty meal periods, and will not clock out for the on duty paid meal periods; however, Employees will clock out whenever they take an unpaid, off-duty meal period. The Company will consult with the Union in good faith before revising the ODMPA to be furnished to the Employees.

Individual employees will retain the right to revoke and reenter the ODMPA consistent with

California law.

In the event that an Employee believes he or she has not had the opportunity to have a meal during the course of a shift, the Employee shall so notify supervision within twenty-four (24) hours and record it on his or her timesheet. Where the Employee follows this process, the Company will promptly investigate and if necessary, provide an appropriate remedy.

Guards who revoke their ODMPA will report off-duty at the Main Security Office. The meal period will begin when the Guard has removed his or her duty belt with all equipment in place, and it will end 30 minutes later when the Guard’s duty belt is returned and he or she reports for duty. Alarm Monitors who revoke their ODMPA will report off-duty at the Alarm Post and may take their break in the Alarm Post break room. A Guard or Alarm Monitor will not reenter a

Post or the Main Security Office during his or her meal period. During the meal period, a Guard or Alarm Monitor will remove or cover his or her uniform shirt before entering any publicly accessible area. All personnel will be prepared to report promptly to work in full uniform at the end of a 30 minute relieved meal period.

Rest Breaks: Employees shall be provided one (1) paid ten (10) minute rest break for every four (4) hours worked or major fraction thereof. Employees shall be provided rest breaks according to the following schedule:

Hours Worked # of 10 Comments Minute Breaks

0 to <3.5 0 An employee who works less than 3.5 hours in a workday is not entitled to a rest break.

3.5 to 6 1 An employee who works between 3.5 and 6 hours in a workday is entitled to one 10 minute rest break.

>6 to 10 2 An employee who works more than 6 hours in a workday but does not work more than 10 hours in a workday is entitled to two 10 minute rest breaks.

>10 to 14 3 An employee who works more than 10 hours in a workday but does not work more than 14 hours in a workday is entitled to three 10 minute rest breaks.

>14 4 An employee who works more than 14 hours in a workday is entitled to four 10 minute rest breaks.

Employees scheduled to work an eight (8) hour shift shall take their first (1st) rest break at approximately two (2) hours after the beginning of their shift and shall take their second (2nd) rest break at approximately two hours after the beginning of the second (2nd) half of their shift.

Employees shall not accumulate rest breaks or use rest breaks as a basis for starting work late, leaving work early, or extending a meal period. Rest breaks should be used for any personal business, i.e. personal calls, smoking breaks, eating, etc. Employees should not clock out for rest breaks.

ARTICLE 15 – HEALTH AND WELFARE

The Company shall pay the Health and Welfare Benefits as set forth in the Appendix attached hereto, not to exceed forty (40) hours per week for each Full-Time employee.

ARTICLE 16 – VACATION

Full Time Employees shall be entitled to paid vacations as set forth in the Appendix attached hereto.

ARTICLE 17 – HOLIDAYS

Full time Employees shall be entitled to paid holidays as set forth in the Appendix attached

In order for an Employee to qualify for a paid holiday, he must have worked his regularly scheduled workday immediately preceding the holiday and his regularly scheduled workday immediately following the holiday.

ARTICLE 18 – UNIFORMS

The Company shall furnish all Employees an adequate number of uniforms, without cost to the Employee. When such uniforms are made of “wash and wear” materials and may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning or commercial laundering in order to meet with the cleanliness or appearance standards set by the terms of the Government Contract, by the Company, by law or by the nature of the work, there shall be no requirement that Employees be reimbursed for uniform maintenance cost.

At the Company’s discretion, all uniforms and equipment must be returned to the Company upon termination of employment.Employees without exception, will return all issued uniforms, accessories, equipment, and Federal identification to an on-duty Shift Supervisor/Lieutenant or

Chief of Guards at the conclusion of the last shift worked. Failure to comply with this requirement may result in the cost of said uniforms and/or equipment being payroll deducted from any monies due the Employee. In the event negligence or malfeasance on the part of the Employee results in damage to uniforms or equipment, the Employee will be responsible for reimbursing the

Company for said damage or cost. Such payment may be made through payroll deductions when authorized by the Employee. The Employee shall, in all cases, use uniforms and equipment with care. Employees shall be required to comply with dress code requirements of the Company, and to maintain proper grooming, cleanliness and hygiene at all times.

ARTICLE 19 – COMPANY REGULATIONS

Any rules, regulations, SOPs or directives which are now in effect, or which may be later imposed upon the Company by its Client, or any other Governmental Agency having jurisdiction will apply with equal force and effect to the Employees hereunder. Employees are also required to adhere to Company Rules and Regulations including its Attendance Policy, notwithstanding any possible conflict with any provisions of the Agreement. Copies of Rules and Regulations so imposed will be provided to the Union upon request. The Company shall have the right to make reasonable changes or additions to existing Rules and Regulations.

ARTICLE 20 – NO STRIKE - NO LOCKOUT

During the term of this Agreement, and any renewal or extension thereof, neither the

Union, its officers, officials, representatives, agents, members, or any Employee will authorize, instigate, aid, condone, promote, participate in, engage in any strike, sympathy strike, work stoppage, slowdown, boycott, sit-down, sit- in, or other interruption with the Company’s work or the business of the Company, or any impeding of business of the Company, regardless of whether there is a claim by the Union or breach of this Agreement, or of Federal, State, or Local Law by the

Company. Any Employee or Employees who violate the provisions of this article will be subject to disciplinary action up to and including termination without recourse to the grievance procedure.

During the term of this Agreement, the Company will not lock out the Employees.

The Union will not picket or handbill within three (3) miles of the Site to publicize any dispute with the Company or to distribute any communication which disparages the Company or the client. In the event a dispute arises over the alleged non-payment by the Company of wages or benefits provided for in this Agreement, upon request, the Company will participate in binding and expedited Arbitration.

ARTICLE 21 – EMPLOYEE INJURY

In accordance with Company’s policy, the Employee must report an injury or injuries occurring on the job to his immediate supervisor immediately after sustaining the injury. Medical attention will be as directed by the on- dut y Lieutenant or Project Manager, who will also insure prompt submission of documentation for worker’s compensation purpose.

ARTICLE 22 – DRUG AND ALCOHOL POLICY

The Parties recognize that in the security business, the use of controlled substances or alcohol which causes intoxication or impairment on-the-job poses risks to the Company, the affected Employee, his co-workers, and the public. An Employee cannot perform his work adequately if he is under the influence of illegal drugs or alcohol, and an Employee under the influence of drugs or alcohol also presents a danger to himself and to others. Unlawful use of drugs and the abuse of alcohol when not on duty raise serious questions concerning the Employee’s competency to perform security work and is grounds for termination under the

Company Drug Free Workplace policy. It is the Company’s policy to maintain a drug-free workplace. The Company and the Union agree to the Company’s current Substance Abuse policy and any changes required by the Client or other reasonable modifications.

ARTICLE 23 – GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United

States Government, and the Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities…