080_-_CBA_DEA_Quantico_Training_Academy_(2016-2019).pdf

Agreement

Between

Quality Investigations, Inc. d/b/a QI Security Services

Diversified Protection Corporation (DPC)

And the

United Government Security Officers of America

(UGSOA)

And Its Local 80

Representing the

Protective Security Officers (PSO’s)

At the

Drug Enforcement Administration’s (DEA)

Quantico Training Academy

Effective:

September 1, 2016 through November 30, 2019

Table of Contents

PREAMBLE 4

ARTICLE 1 – Scope of Agreement 4

Section 1.1 Recognition and General Provisions Section 1.2 Intent of the Parties Section 1.3 Definitions

Section 1.4 Probationary Employees Section 1.5 Managers and Supervisory Personnel

ARTICLE 2 – Union Security and Membership 6 Section 2.1 Dues Check-Off

Section 2.2 Membership Requirements and Agency Shop Section 2.3 Employee List Section 2.4 Job Openings Section 2.5 Job Qualifications

Section 2.6 Termination of Employment ARTICLE 3 – Stewards 9

Section 3.1 Union Stewards Section 3.2 Representation by Shop Stewards or Union Officer(s) Section 3.3 Authority of Stewards Section 3.4 Meetings ARTICLE 4 – Management Rights 10 ARTICLE 5 – Employee Classification 10 ARTICLE 6 – Discipline 11 Section 6.1 Identification of Company Infraction:

Section 6.2 Progressive Discipline Section 6.3 Excusable Absences or Tardiness Section 6.4 Unexcused Tardiness Section 6.5 Call Offs Section 6.6 Serious Offenses Section 6.7 Other Provisions ARTICLE 7 – Work Week and Hours of Work 15

Section 7.1 Work Week Section 7.2 Scheduling of Work Section 7.3 Breaks Section 7.4 Overtime ARTICLE 8 – Grievance and Arbitration Procedures 17

Section 8.1 Definition Section 8.2 Grievance Procedure (Individual / Class Action) Section 8.3 Discharge of Employee Section 8.4 Arbitration

ARTICLE 9 – Leaves of Absence 19 Section 9.1 Annual Leave or Vacation Leave

Section 9.2 Personal / Sick Leave Section 9.3 Leave Authorized by the Family Medical Leave Act (FMLA) Section 9.4 Bereavement Leave Section 9.5 Court Appearances Section 9.6 Jury Duty Section 9.7 Personal Leave without Pay Section 9.8 Military Leave Section 9.9 Union Leave Section 9.10 Voting Leave ARTICLE 10 – Seniority 23

Section 10.1 General Section 10.2 Seniority List Section 10.3 Shift and Post Reassignment Section 10.4 Temporary Additional Service (TAS) Section 10.5 Promotions to Supervision Section 10.6 Layoffs / Reduction in Force Section 10.7 Recall from Layoff or Reduction in Force Section 10.8 Loss of Seniority ARTICLE 11 – Training 25

Section 11.1 Contract Required Training Section 11.2 Supplemental Additional Training Section 11.3 Missed Training Section 11.4 Credentials Earned Section 11.5 Training Exercises Section 11.6 Out-sourced Training ARTICLE 12 – Equipment and Uniforms 27

Section 12.1 Non-Disposable Equipment Section 12.2 Disposable Uniforms Section 12.3 Inclement Weather Gear / Uniforms / Equipment Section 12.4 Employee Purchase of Uniforms ARTICLE 13 – Weapons Qualifications 28 Section 13.1 ICE Qualification Section 13.2 Practice Section 13.3 Failure to Re-Qualify Section 13.4 DCJS Qualification Section 13.5 Maryland Hand Gun Permit Section 13.6 DC SPO Licenses / Permit ARTICLE 14 – Compensation 30 Section 14.1 Direct Deposit

Section 14.2 Wages Section 14.3 Health and Welfare

Section 14.4 Night Differential Section 14.5 Uniform Maintenance Allowance (UMA) Section 14.6 Pension Plans Section 14.7 Holidays Section 14.8 Vacation Pay Section 14.9 Sick Leave / Personal Leave Section 14.10 Additional Employee Benefits Programs Section 14.11 Call-in Pay ARTICLE 15 – Travel 34 Section 15.1. On Duty Travel Section 15.2. Travel When Not on Duty or Day Off ARTICLE 16 – Physical Examinations 34 ARTICLE 17 – Security Clearance Processing 35 ARTICLE 18 – Safety 35 ARTICLE 19 - Reparability of the Contract 35 ARTICLE 20 – Government Supremacy 36 ARTICLE 21 – No Strike No Lockout 36 ARTICLE 22 – Successors 36 ARTICLE 23 – Miscellaneous 36

Section 23.1 Fulfillment of Higher Level Positions Section 23.2 Personnel Files Section 23.3 Personnel Locator Information Section 23.4 Bulletin Boards Section 23.5 Break Room Section 23.6 Lockers Section 23.7 Union Meetings Section 23.8 Break in Service Section 23.9 Government Shut Down / Weather Closures of the Government ARTICLE 24 – Duration of Agreement 38

SIGNED & AGREED 40

PREAMBLE

THIS AGREEMENT is made and entered into on September 1, 2016, by and between Diversified Protection Corporation, a subcontractor to Quality Investigations, Inc., d/b/a QI Security Services and its successors, hereinafter referred to as the "Employer," and or “Company” and the UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, INTERNATIONAL UNION and, UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA LOCAL 80, hereinafter referred to as the "Union."

ARTICLE 1

Scope of Agreement

Section 1.1 Recognition and General Provisions This agreement is entered into by and between QI Security, Diversified Protection Corporation, a subcontractor to Quality Investigations, Inc., d/b/a QI Security Services and its successors hereinafter referred to as the “Company” or “Employer”, and the United Government Security Officers of America (UGSOA), and its Local 80, hereinafter referred to as the “Union”.

The Company hereby recognizes the Union as the sole bargaining agent for all of its Protective Security Officer (PSO) employees working within the unit working at Headquarters, Drug Enforcement Administration (DEA) Training Academy in Quantico, Virginia, to include both full-time and part-time PSO’s and part-time (flex supervisors). Flex supervisors are defined as PSO’s who under normal conditions work 16 hours as a supervisor and 24 hours as a PSO. This may be extended for the purpose of providing coverage for full time supervisors on leave or due to non-availability of other supervisors. This agreement excludes all other employees including Sergeants, Lieutenants, Captains, Project Managers, clerical employees and professional employees as defined in the National Labor Relations Act.

It is in the mutual interest of the employees and Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition 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 duties of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this agreement.

Section 1.2 Intent of the Parties The Union and the Employer agree to work sincerely and wholeheartedly to the end that the provisions of this agreement will be applied and interpreted fairly, conscientiously, an in the best interest of efficient operations. The Union and the Employer agree they will use their best efforts to cause the bargaining unit employees, individually or collectively, to perform and render loyal and efficient work and services on behalf of the Employer, and that neither their representatives nor their members will intimidate, coerce or discriminate in any manner against any person in its employ by reasons of his/her membership and activity or non-membership or non-activity in the Union. Neither the Employer nor the Union will discriminate against any employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, or disability. The Employer and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with the Employer and the Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

Section 1.3 Definitions Whenever the words “Employee” or “Employees” are used in this agreement they designate only such employees as are covered by this agreement. Likewise, whenever the words “Company” or “Companies” are used they designate the Company/contractor providing security services for the DEA Training Academy and any other locations which may be added to this contract. Whenever the letters “PSO” are used in this agreement they refer to the employees filling positions of officer or Protective Security Officer (PSO). The term manager or supervisor applies to those individuals who are either full times or part time, and who have been given the authority to manage/supervise a shift exercising control over the PSO’s performing duties on the given shift. The term bargaining unit member for the purpose of this contract is defined as any PSO that is covered by the terms of this contract. No supervisors or managers are covered by this contract, therefore those employees are considered non-bargaining unit members. The term “Bumping” in this contract in defined as (1) No PSO may use their seniority to remove another PSO from their schedule, for the senior PSO advantage;

(2) Managers/supervisors shall not remove a PSO from their normal schedule in favor of PSO’s who may have worked fewer hours. When used in this agreement the phrase full-time refers to PSO’s / employees scheduled to work thirty-two (32) or more hours per week. Likewise the phrase part-time refers to PSO’s / employees scheduled to work less than thirty-two hours per week. Fringes when addressed by this agreement shall include all allowances earned by the PSO’s working at the DEA and its satellite sites/locations based on the shift worked and time of day. When in this agreement the phrase contract year is used it refers to the period of 1 June through 31 May of each calendar year.

Section 1.4 Probationary Employees Newly hired employees will be classified as probationary employees for a period of ninety (90) days from the date of hire. During their probationary period, employees may be subject to discipline or discharge at the sole description of the employer, without regard to any of the provisions of this agreement. All other provisions of this agreement are applicability to probationary employees. Transferees may be subject to a modified probationary period.

During their first ninety (90) day period they are subject to being disciplined or reassigned back to their previous duty location and if no openings are available the company may reassign the employee to another location if openings are available. If no openings are available unemployment rights apply.

Section 1.5 Managers and Supervisory Personnel Any individual who holds a position of manager or supervisor as defined in this contract shall not hold a post or work as a bargaining unit member. This provision also applies to those employees acting in the capacity of flex supervisors. The only exception will be to give short duration breaks usually of ten minutes or less. These breaks are normally for a PSO on post to use the restroom and return to post. At no time during the life of this contract will any employee serve in a dual role as a manager/supervisor and PSO except for those PSO’s serving as a flex supervisor. Managers/supervisory personnel shall not be assigned to cover an open post when there is a bargaining unit member willing to work to fill the open post.

However, managers/supervisors, may, if there are no other PSO’s are available to work, cover the open post. Managers/supervisors may not work an open post in order to prevent any willing PSO to exceed a forty (40) hour work week.

It is also recognized there may be an emergency in which as a last resort a manager or supervisor must cover an open post. In this event management must utilize any employee to fulfill post requirements. It should be noted that preventing overtime does not qualify as an emergency.

Other reasons a manager/supervisor may be required to temporarily cover a post will be for the purpose of relieving a PSO to take short duration breaks of five (5) to ten (10) minutes for personal needs or to receive training or counseling.

ARTICLE 2

Union Security and Membership

Section 2.1 Dues Check Off The Employer agrees to deduct monthly dues as designated by the Union on a monthly basis from the paycheck of each dues paying member of the Union. In addition to the monthly dues the Company shall deduct a one (1) time deduction of $10.00 for the local’s initiation fee.

These deductions will be a sum equal to two (2) hours of wages per month. In the event this amount (number of hours) changes the Union leadership will notify the Employer in writing of such change. It is also understood that with each raise in base pay the Union dues withheld shall change. The authority to stop the withholding of Union dues may be revoked by the member upon resigning from the Union. The Employer shall stop deducting the Union dues within thirty (30) days of being notified of the PSO’s resignation from the Union.

Section 2.2 Membership Requirements and Agency Shop Section 2.2.1 Membership Requirements

This agreement may employ PSO’s in multiple locations and states if satellite locations are added. PSO’s working in right to work states will not be required to maintain Union membership. However PSO’s in non-right to work states such as Maryland and the District of Columbia (DC) will be required to maintain union membership as a condition of continued employment. However, in the event this clause conflicts with state or federal laws this requirement becomes null and void. All PSO’s hereafter employed by the Company if applicable will become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this agreement, whichever is later, as a condition of continued employment. When the Company hires a new employee it is the Employer’s responsibility to inform the president, vice president or the chief shop steward of any new employee within five (5) days of their hire date.

Additionally it is the Employer’s responsibility to inform the new employee Union membership is mandatory in non-right to work states. A PSO who is not a member of the Union at the time this Agreement becomes effective will become a member of the Union within fifteen (15) days after the thirtieth (30th) day following the effective date of this agreement of within (15) days after the thirtieth (30th) day following employment, whichever is later, and will remain a member of the Union, to the extent of paying an initiation fee applicability 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 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 US 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 a discharge of a PSO for failure to comply with the provisions of this article it will serve written notice on the employer requesting that the employee be discharged effective no sooner than two (2) weeks from the date of notice. The notice will also contain the reason for the discharge. In the event the Union subsequently determines the PSO has remedied the default prior to the discharge date, the Union will notify the Employer and the PSO, and the Employer will not be required to discharge that PSO.

Anything herein to the contrary notwithstanding, the PSO will not be required to pay money to the Union, or to become a member of, or to 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.

Section 2.2.2 Agency Shop Unless precluded by State or Federal law all PSO’s employed on this contract, who are not members of the Union shall pay the Union a service fee. This fee shall be for an amount determined by a Certified Public Accountant as necessary to cover the costs of negotiating and administering the collective bargaining agreement. The amount shall not exceed the Union’s regular and usual fees and dues less expenditures made for social purposes. For this agreement expenditures made for membership meetings will not be classified as a social expenditure. The PSO may file for objections to paying their fair share fee. If desired the local will provide the member with any required documentation to object to their fair share fee. Fair share fees will commence within thirty (30) days of their hiring and will documented on a dues check off card.

It is also understood the deductions will only be made if the Employer may legally do so. The Employer agrees to deduct the said fee from the employee’s paycheck on a monthly basis.

There are special considerations to exclude from membership or the paying of fees.

Employees (PSO’s) who are members of, and adhere to, the established and traditional tenants of a bona fide religion, body, or sect, which has historically help conscientious objections to joining or financially supporting labor organizations as a condition of employment will be required to pay an amount equal to the service fee required above, to a tax exempt (under Section 501[c] [3] of the IRS Code), non-religious charitable organization from a list supplied by the Union. The Union shall have the right to charge any employee exercising this option the reasonable cost of using the arbitration procedure of this agreement on the employee’s individual behalf. Further, any employee who exercises this option shall, twice a year, submit to the Union proof that the charitable contributions have been made.

Section 2.2.3 Payment of Dues Withheld The Employer will remit all dues which are authorized deductions to the International Office of the United Government Security Officers of America, East Wareham Massachusetts within fourteen (14) days of the deduction. The Employer shall furnish the Union with a deduction list identifying by name and amount paid by each member. The Union agrees to hold the Employer harmless for any action growing out of these deductions commenced by an employee against the Employer, and assumes full responsibility for the disposition of the funds so deducted once they are paid over to the Union. Errors made by the Employer in the deductions or remittance of moneys shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the attention of the Employer.

The dues check-off authorization Card is to be executed to the employer by the union or the employees. This shall be the official Union Authorization for Check-off dues. The employer shall use no other form unless the parties mutually agree to the substitution.

Section 2.3 Employee List The Company’s site manager will provide to the Union a list of all newly hired PSO’s covered by this agreement. Such list will be prepared and submitted when a new hire begins employment, or a PSO resigns or is terminated. The list will identify the PSO’s name, contact information, date of hire, resignation or termination date. If on site the letter will be provided to the Union president or their vice president. If Union officers are not on site, the Company will provide the list to the senior shop steward on site if more than one steward is on site.

Section 2.4 Job Openings If a vacancy occurs in a position covered by this agreement, and the Employer chooses to fill the vacancy, the job will be posted for a period of seven (7) working days (excluding Saturdays, Sundays, and holidays). The announcement will include the shift, location, and days off. The announcement will be posted in all work sites associated with this contract to include satellite locations. All PSO’s will be eligible to bid on any job opening. If the Company has other DEA locations which are represented by this local those sites will be advised of the openings and those PSO’s will have the opportunity to bid for the open position(s).

If additional training or credentials are required for the position the Employer will make every effort to provide the training and or assistance to ensure the PSO can obtain the requirements of the new position.

When the vacancy occurs the Employer will select the most senior PSO who is the most qualified for the position up for bid. Once the PSO accepts the new position and is placed on the schedule he/she will not be able to decline the change. Additionally the PSO will be locked in to that change for a period of not less than twelve (12) months.

Should the filling of one vacancy under this article create a second or more vacancies they will be filled in the same manner as the original vacancy. Any PSO wishing to apply for any opening he/she must do so in writing to the site supervisor or project manager.

Section 2.5 Job Qualifications For the purpose of this agreement all PSO’s working under this agreement are considered to be fully qualified to work in security related positions. If the Employer deems the PSO unqualified for duty the PSO retains the right to submit a grievance on that issue.

Section 2.6 Termination of Employment In the event of the termination of any PSO the Company will inform the Union that the PSO has resigned or has been terminated. Reasons are not required and will not be requested.

Additionally, in the event of a resignation or termination the Company will be under no obligation to collect dues until all other deductions have been made.

ARTICLE 3

Stewards

Section 3.1 Union Stewards The Employer agrees to recognize a steward system. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved by his/her supervisor to attend to all the business of the grievance procedure as outlined in this agreement. If the employee request, the Employer will call for a steward prior to any disciplinary action taken whether it be written or verbal.

The Employer recognizes the right of the Union to investigate grievances and interview employees before and/or after work time and/or during breaks. If the Employer takes disciplinary action during work time, a steward or other Union representative will be given time to be present for the disciplinary procedures if the employee requests.

The supervisor, at the request of the employee, will release the steward only when properly relieved. The Employer will not be responsible for paying the steward for time spent investigating or handling grievances in this regard, except that union stewards and representatives shall be granted a minimum of two (2) hours per incident, during working hours to conduct investigations of grievances and complaints, not to affect the operations of the working unit. The Union will inform the Company of any stewards assigned to DEA.

Section 3.2 Representation by Shop Stewards or Union Officer(s) Any conference or meeting between an employee and the Employer during which discipline is expected to be imposed, must be conducted in the presence of an authorized Union officer or shop steward if requested by the employee.

Section 3.3 Authority of Stewards The authority of stewards shall be limited to the investigation and representation of grievances in accordance with the provisions of this agreement and the transmission of such messages and information, which shall originate with and are authorized by the Union or its officers.

Section 3.4 Meetings It is in the best interest of all parties to work together to create a favorable work environment to this end it is recommended that management and Union leader(s) meet at least quarterly.

The meetings should be held just prior to the Union’s general membership meeting.

Management and Union leader(s) will discuss matters of importance which should be brought to the attention of the Union members.

ARTICLE 4

Management Rights

Subject to the limitations set forth in this agreement and applicable statues, the Company retains the exclusive right to manage its business and to direct the working force, including but not limited to the right to schedule work, to determine shifts to assign work and working hours to employees, to determine the amount and the location of the work to be performed, to determine the types of services to be performed, to establish reasonable quality and performance standards, to determine the most efficient means of providing service, to require every employee to comply with normal and reasonable operating procedures, to formulate and enforce reasonable Company rules and regulations which are equitable applied, to hire employees, to discipline (including discharge) for just cause, to promote, demote, lay off, and transfer employees, to maintain the discipline and efficiency of the employees, to judge skills, ability in a nondiscriminatory manner, to control and regulate the use of all equipment and other property of the Company and/or the government and subcontract work at the convenience of the government, provided, however, with respect to any action which results in a change in established work rules, existing hours of work or the size of the work force, the Company shall give such prior notice to the Union as feasible and shall negotiate with the Union upon request . Further, the Company may have its supervisors or managers perform bargaining unit work but only if no other bargaining unit members are available or eligible to perform the duties in question. The Company explicitly retains any and all rights which are not covered by this agreement.

ARTICLE 5

Employee Classification

Employees who work or are regularly scheduled to work thirty-two (32) or more hours per week or at least 1664 hours per year are considered to be full time employees. As such these groups of employees are entitled to receive all benefits without proration which are available to forty (40) hour per week employees, without exception.

It is acknowledged that some employees would like to work as many hours as possible. To that end when schedules become available management will put these schedules up for bid to bring employees up to forty (40) hours per week if desired by the PSO.

Any employee regularly scheduled to work less than thirty-two (32) hours per week shall be considered part time employees. Employees working an average of twenty (20) to thirty-one

(31) hours per week shall receive the same fringe benefits as full time employees except that they shall be pro-rated at 25%. Vacation time will be credited on the anniversary of the date of the PSO. Personal/sick time will be credited during the option month yearly in its entirety.

ARTICLE 6

Discipline

Section 6.1 Identification of Company Infraction With the signing of this agreement the Company shall within forty-five (45) days develop a disciplinary matrix. This matrix shall identify all infractions and the reasonable punishment for each infraction of Company rules or policies. All disciplinary actions shall follow the concept of progressive discipline. At any time a PSO is cited for any infraction it shall be the responsibility of management to ensure the PSO is properly re-trained concerning the infraction.

The punishment/penalty identified shall be the maximum punishment for the infraction. Once the infraction is identified and the punishment is determined the provisions of the progressive discipline apply.

Section 6.2 Progressive Discipline The Employer shall not discharge, suspend, or otherwise discipline any PSO covered by this agreement without just cause. Since a removal from the schedule is a disciplinary action no PSO shall be suspended until the investigation of the infraction is completed, any documentation is prepared and presented to the PSO, and punishment is ready to be implemented. If the Company feels the infraction committed by the PSO is so extraordinary, a PSO may then be suspended pending investigation provided the Company provides documentation to show just cause for the suspension. The just cause rationale must be forwarded to the Union president, vice president or the chief shop steward within forty-eight

(48) hours of the suspension. Every possible action shall be used to keep PSO’s employed and not terminated due to disciplinary actions.

The supervisor shall begin disciplinary actions within three (3) days of the infraction when a written documentation is involved. These procedures are not exclusive in that other provisions of this agreement may at times differ from the below provisions. When the disciplinary actions change it will be compliant with that section of this agreement. To that end discipline shall be applied in the following manner:

(a) When a PSO commits a first offense the supervisor shall give the PSO a verbal counseling to explain the infraction of Company policy or rules. Since no adverse action will occur no representation is required but may be requested by the PSO.

(b) When a PSO commits a second offense the supervisor may issue the PSO a written Personal Action Report (PAR) or similar document citing the infraction of Company policy or rules. Since discipline is expected to occur, representation is suggested / required at the PSO’s request.

The supervisor is required to ask the PSO if Union representation is desired. The PSO may ask for representation at any time during the disciplinary process. If after reasonable investigation of the facts and evidence proves that the PSO violated Company policy or rules the PSO may be subject to a one (1) to three (3) day suspension without pay. The suspension shall start within five (5) days of the conclusion of the investigation. If the suspension fails to start in the prescribed time frame the incident shall be removed from the PSO’s file with no future action being permissible.

(c) When a PSO commits a third offense the supervisor may issue the PSO a written policy or rules. Since discipline is expected to occur representation is suggested / reasonable investigation of the facts and evidence proves that the PSO violated Company policy or rules the PSO may be subject to a three (3) to five (5) day suspension pay. The suspension shall start within five (5) days of the conclusion of the

(d) When a PSO commits a forth offense the supervisor may issue the PSO a written policy or rules. Since discipline is expected to occur representation is suggested / reasonable investigation of the facts and evidence proves that the PSO violated Company policy or rules the PSO may be subject to a five (5) to ten (10) day suspension.

The PSO shall be given a final notice that the next offense shall be grounds for termination. The suspension shall start within five (5) days of the conclusion of the

(e) All disciplinary actions that are twelve (12) or months old shall be removed from the PSO’s employment folder and not be considered again for progressive discipline.

Section 6.3 Excusable Absences or Tardiness Any tardiness or absences which can be verified shall be determined to be excusable in as long as the event is beyond the PSO’s control. If there is no documentation to verify the tardiness the excusable / non-excusable determination shall be made by the Employer. The Employer shall make effort to determine if tardiness is related to traffic conditions or weather related.

Any tardiness or absences determined to be excusable will incur no disciplinary actions by the Employer.

Section 6.4 Unexcused Absences or Tardiness Tardiness begins with guard mount, if the PSO is tardy for guard mount the PSO shall forfeit the pay for guard mount, if required. In the event a PSO is tardy more than three (3) times (unexcused) in a given month the supervisor may proceed with actions contained in section 6.1 of this agreement. If the PSO is an hour or later for their assigned shift the supervisor may either allow the PSO to work or may send the PSO home without pay and take disciplinary action under section 6.1 of this agreement. A verifiable tardiness shall be excluded from disciplinary actions.

However, if the PSO is not present for guard mount the supervisor may be required to change the PSO’s schedule to ensure post coverage. A PSO who has three (3) or more unexcused tardies during the calendar month may be considered excessive by management.

Section 6.5 Call Offs If a PSO is unable to work his/her assigned shift he/she must call off at least four (4) hours in advance of their shift. However, there may be valid reasons why a PSO is unable to give a four

(4) hour notice. If a short notice happens the PSO shall provide as much notice as reasonably possible under the circumstances. If a PSO who is normally scheduled for a forty (40) hour work week calls off only one (1) duty day during the week, that PSO will not be required to use their personal/vacation time unless the PSO chooses to do so. As long at the PSO works thirty-two

(32) hours during that week calling off and not taking paid leave will not be counted as one (1) of their allowed days off without pay. A PSO who has three (3) or more unexcused call offs during the calendar quarter may be considered excessive by management.

Section 6.6 Serious Offenses Any PSO may be immediately terminated for proven offenses to include, but not limited to, the following:

(A) Drinking or being under the influence of alcohol, illegal drugs, or controlled substances while on duty.

(B) Use or possession of unlawful drug stimulants or alcoholic beverages on the job, or on the job site.

(C) Refusal to submit to drug or alcohol testing as provided in the Drug and Alcohol Testing Policy or as maybe required by the client.

(D) Weapons Safety Violations to include, but not limited to:

(1) Improper use, misplacement, or loss of firearm, and ammunition.

(2) Unauthorized or unlawful discharging of a firearm while on duty.

(3) Carrying a concealed weapon on government facilities.

(4) Un-holstering a weapon except for eminent use to protect your life, or the life of another person, or to prevent the commission of a felony offense such as murder, rape, robbery, kidnapping, etc. Should a supervisor direct an officer to un-holster a firearm for any other reason, the supervisor is held liable for the offense.

(5) Carrying an issued weapon off the defined property of the contract or in unauthorized areas. The supervisor shall share the responsibility of this offense also.

(E) Possession on the job of a private firearm or other weapon not issued by the Employer pursuant to the contract.

(F) Neglect of duty or abandoning post may be justification for termination.

(G) Removing, concealing, mutilating, damaging or destroying official documents or records, except for the systematic purging of files or records at the direction of the Employer in accordance with established timetables.

(H) Committing an assault, including the making of verbal or physical threats.

(I) Accepting bribes, enabling a person to secure stolen property, or permitting unauthorized access to classified material.

(J) Engaging in harassment, sexual harassment or discrimination toward the client, other employees, or visitors.

(K) Participating in the commission of any criminal act which violates any rules, regulations or established practices of the government.

(L) Gross insubordination towards the employer, supervisors or toward the client.

Section 6.7 Other Provisions The Employer has the right to determine the level and degree of discipline consistent with the provisions of this article. Disciplinary action shall not be taken against any PSO without just cause. Under normal circumstances, corrective progressive disciplinary action is taken following a thorough review of the incident, as stated within this article. In addition, it may be proper to give PSO’s more than one (1) written warning before taking more severe actions under the progressive disciplinary plan. The Employer’s failure to impose greater or any disciplinary action against a PSO shall not be used as principle evidence to support a grievance by or on behalf of another PSO.

The Employer retains the right to suspend an employee without pay for up to twenty (20) calendar days pending the outcome of a disciplinary investigation. Should the PSO be exonerated following the investigation, he / she shall be entitled to back pay for the normally scheduled work time to include all fringe benefits at their normal rate of pay, for the duration of the suspension.

When a PSO is removed/suspended from the schedule without pay for or during a suspension/investigation, whether at the request of the government or otherwise, such employee may apply for unemployment compensation for the duration of such administrative suspension. The Company shall not deny nor hinder in any way the PSO’s opportunity to exercise this right.

Additionally such employee may seek and retain other employment without abandoning the employee’s position, or causing a break in the employee’s seniority, which shall continue to accrue during the removal or suspension.

ARTICLE 7

Work Week and Hours of Work

Section 7.1 Work Week The work week shall start at 0001 hours Sunday morning and continue through 2400 hours Saturday night. Wages shall be paid bi-weekly on the second Friday following the end of the pay period. Full Time employment is any PSO scheduled to work thirty-two (32) or more hours per week, however PSO’s will be scheduled to work forty (40) hours per week to the maximum extent possible.

Section 7.2 Scheduling of Work The Employer shall schedule the hours of work and the employees assigned post at least three

(3) weeks in advance, except in circumstances beyond the Employer’s control. Holiday work schedules should be prepared and posted at least thirty (30) days in advance. Nothing shall preclude the Employer from scheduling the employee to work up to a twelve (12) hour shift.

For the purposes of this article a regular work week is defined as forty (40) hours of work, fifty-two (52) weeks per year (less holidays) per the DEA contract, including lunch periods shall constitute a normal work week. However, any employee may choose a work week consisting of some number of hours less than forty (40).

Management may allow PSO’s to obtain schedules of less than forty (40) hours per week in as long as the PSO desires to work a reduced schedule. The PSO’s request shall be in writing and maintained by management. At any time when there is a permanent open scheduled day a PSO with a thirty (30) hour schedule may apply for the open day schedule in as long as management has not made that day part of another forty (40) hour schedule. The twelve (12) month rule will not apply to this request.

All full time employees who work thirty-two (32) or more hours per week shall be scheduled with at least two (2) consecutive days off of work. For part time employees the consecutive days off rule does not apply.

When a PSO is asked to work any additional shifts or additional hours after the conclusion of their shift the supervisor or manager will require the PSO to acknowledge the schedule change on a locally developed form to document the schedule change. Once the change is made the Employer shall not remove the PSO from the schedule. However, if management omitted one

PSO from their normal work day and scheduled another PSO by mistake or error changes may be made.

Additionally, if a PSO was scheduled for leave and later that leave was cancelled then a schedule change is permissible. Bumping a PSO’s (this is removing a PSO from the schedule once he / she has agreed to work the open post or additional hours is not permissible and a violation of this article

In the event of a scheduled government shutdown, the daily schedule will be made on the basis of seniority. For a non-scheduled government shut downs the daily schedule will be filled by the PSO normally scheduled to work for those post(s) open during the shutdown.

Section 7.3 Breaks Currently breaks are given on a rotational basis. Each PSO working at least eight (8) consecutive hours is entitled to a one (1) hour paid break. The break is broken down as follows, one (1) thirty (30) minute paid lunch break (to account for gear up/gear down time) and two (2) fifteen

(15) minute paid rest periods. During the break period the PSO is subject to recall to duty status in case of an actual emergency. Additional break time is not guaranteed when recalled to duty status. However management/supervisors should make every possible effort to give the employee a reasonable break to eat their meal when an employee is in duty status for the majority of their break period.

Section 7.4 Overtime An overtime rate of time and a half (1 ½) of an employee’s base rate of pay less health and welfare and other fringe benefits shall be paid for all hours worked in excess of forty (40) hours in a work week. At any time management may require the services of on duty PSO’s to ensure post coverage. When this occurs management reserves the right to hold the PSO over for an additional four (4) hours not to exceed twelve (12) consecutive hours or as may be required and approved by the Federal Protective Service (FPS). Overtime whether it classified as overtime or coverage for an open post it will be distributed on a fair and equitable basis among all PSO’s willing/wishing to work the additional hours. Part-time supervisors will not use their position to schedule themselves for overtime an excess and are not eligible to work as a PSO in conjunction with a shift as a supervisor.

The additional hours will be rotated based on seniority in top to bottom sequence. Once offered the next requirement will go to the next most senior person. There are no exceptions to this rule any and all overtime requirements will be filled on a seniority basis. If the PSO is working on their day off the PSO will not be required to work the overtime unless it is desired.

This doesn’t apply in an emergency condition. Overtime records will be maintained at the site and available for viewing by the employees and the Union. If any errors are detected they will be immediately corrected. It is understood that if management is unable to secure enough PSO’s to provide post coverage it may be necessary to mandatorily require PSO’s to work up to four (4) additional hours. When PSO’s are mandatorily held over it will be in reverse seniority order; i.e., bottom to top. This process will continue to rotate to the next least senior PSO until the most senior PSO has been mandatoried.

Once everyone has been mandatoried, the least senior will be selected again and the process repeated. When it is mandatory to be held over and for some reason another PSO agrees to work for that PSO he / she will still receive credit for the mandatory requirement.

When a PSO works additional hours he/she is entitled to overtime pay if applicable therefore compensation time or schedule adjustments are not authorized under this agreement unless requested by the PSO.

ARTICLE 8

Grievance and Arbitration Procedure

Section 8.1 Definition Through this article the use of the word days is defined as work days (Monday through Friday excluding holidays). If the government is shut down during this time the day count may be adjusted by written request of the Company or the Union.

An Individual grievance is defined as a violation of the agreement which only affects one (1) person at this time. The grievance is submitted by the individual who was wronged by the violation.

A class action grievance may be prepared by any one (1) person on behalf of the Union body in as long as the violation of the agreement applies to two (2) or more PSO’s. The individual who submits the grievance must have suffered the violation in order to submit the grievance.

Section 8.2 Grievance Procedure (Individual / Class Action) Section 8.2.1 Step 1 The employee shall notify a Union steward (a Union steward is identified as any Union officer or assigned shop steward) immediately but not later than three (3) days after the said violation of this agreement. However, a grievance may still be submitted when the employee knew (or became aware of the violation) or by reasonable diligence should have known, of its occurrence. However, if the violation is not brought to the attention of the Union within five

(5) days beyond the initial three (3) days this violation may not be grieved.

Once the Union has received the written documentation from the PSO(s) the Union shall have ten (10) days to investigate the PSO’s claim, prepare documentation, and submit the grievance to the site supervisor, project manager, or other designated representative. If the Union fails to respond within the ten (10) day time limit the Union waives its rights to grieve this infraction.

Once received by the site supervisor, project manager or other designated representative he/she shall have ten (10) days to provide a written response to each grievance submitted by the Union. If a response is not received by the eleventh (11th) day it will be considered a denial of the grievance and the grievance will be elevated to the next step.

Section 8.2.2 Step 2 If the grievance is not resolved during Step 1 the Union representative shall review the received response from the Company. Then make a decision as to whether it should be forwarded to Step 2 of the grievance process. The entire grievance package to include a copy of the previous evaluator’s response shall be sent to the Director of Human Resources, Diversified Protection Corporation (DPC) or its successor. The grievance package shall be sent certified mail when being mailed to the next level in the grievance process. The Director of Human Resources or their successor shall have fourteen (14) days to respond to the grievance to account for mailing time. If a response is not received by the fifteenth (15th) day it will be considered a denial of the grievance and the grievance will be elevated to the next step.

Section 8.2.3 Step 3 If the grievance is not resolved during Step 2 the Union shall, within ten (10) days of receipt forward a copy of the entire grievance to the International President, or designee. The International Union will forward the grievance package to the Human Resources Director for Diversified Protection Corporation (DPC) for resolution. DPC or its successor human resources office shall have ten (10) days to respond to the grievance package and return it to the International President, or designee.

The International President, or designee, will provide informational updates to the leadership of the local as appropriate. If a response is not received by the twelfth (12th) day it will be considered a denial of the grievance and the grievance will be considered as a candidate for possible arbitration.

Section 8.2.4 Step 4 If the grievance is not resolved during Step 3, the Union or the Company may, within fourteen

(14) days of receipt of the response obtained during Step 3 appeal the matter to arbitration.

Notice that arbitration is desired shall be served upon the Employer within ten (10) days of the Employers Step 3 responses.

Section 8.3 Discharge of Employee The Union reserves to right to grieve any discharge of a PSO after the completion of the probationary period. A grievance involving the discharge of an employee shall begin at Step 2 and must be filed within fifteen (15) business days of the discharge by the Company.

Section 8.4 Arbitration Section 8.4.1 Selection of an Arbitrator Within ten (10) days of filing the notice of the intent to submit the unsettled grievance to arbitration, the parties shall attempt to mutually select an impartial arbitrator.

If the parties are unable to agree within five (5) days of that meeting to choose an arbitrator, request the Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as an impartial arbitrator. A representative of the Employer and a representative of the Union shall meet within five (5) days of the receipt of this list and shall alternately strike two (2) names from the list, the party to strike first to be selected by lot. The fifth (5th) remaining person shall be selected as the impartial arbitrator.

Section 8.4.2 Arbitration Proceedings During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render the finding and award in writing within thirty (30) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. 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.

Section 8.4.3 Fees:

The fees of the arbitrator and necessary fees, including transcripts, if desirable, of any arbitration proceeding shall be done equally by the Employer and the Union except that each party shall pay the fees of its own counsels or representative. If the Employer calls an employee witness, the Employer will reimburse that employee for all time lost at regular straight time base rate. If an employee witness is called by the Union or if an employee-grievant is present at the hearing, the Union will reimburse such personnel for time lost.

ARTICLE 9

Leaves of Absence

All leave benefits are based on the contract year except annual or vacation leave which is based on the PSO’s anniversary date. Approvals for any type of leave of absence will be based on the following criteria:

From 1 January to 31 March of each year any PSO may schedule their leave for the year. During this time frame leave will be approved based on seniority of the requesting PSO. Leave which is submitted during the previous year and is effective between 1 January and 31 March of the following year will be approved / disapproved if it does not interfere with a senior PSO’s leave…