06 NOH Cleveland UGSOA 56 CBA FY2014.pdf

I N G O D W E T R U S T

MEMORANDUM

DATE: August 26, 2013

TO: Terry M. Bearden Assistant Chief, Office of Security Contracts Judicial Security Division United States Marshals Service

FROM: Janet Gunn Vice President, Human Resources Akal Security, Inc.

SUBJECT: CBA for NOH UGSOA Local 56 (Cleveland), FY2014

The attached collective bargaining agreement (CBA), between the United Government Security Officers of America Local 56, and Akal Security, Inc. is valid through September 30, 2015.

Should you have any questions or concerns please feel free to contact me via email or telephone at JanetGunn@agc-services.com, or (505) 692-6650. Thank you.

7 Infinity Loop, Espanola, New Mexico 87532 Telephone: (505) 692-6600 Fax: (505) 747-8438

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 1

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

UNITED GOVERNMENT SECURITY OFFICERS OF

AMERICA, INTERNATIONAL UNION

AND

UNITED GOVERNMENT SECURITY OFFICERS OF

AMERICA LOCAL 056

AND

AKAL SECURITY, INCORPORATED

October 1, 2012 through September 30, 2015

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 2

MISSION STATEMENT

COURT SECURITY OFFICER

• Ensure the safety of US Federal Courts, Protected Government facilities and their employees against unauthorized, illegal and potentially life-threatening activities.

• Cadres of qualified and highly skilled officers perform this mission.

CSO Goal & Vision

Goal

To conduct ourselves in a manner as to bring credit upon the Court Security Officer and Special Security Officer program and the United States Marshal Service at all times.

Vision

To be alert to all situations and events that take place and take necessary measures to prevent dangerous situations from happening.

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ARTICLE 1 GENERAL PROVISIONS

SECTION 1.1 PARTIES

This agreement is entered into by and between Akal Security, Incorporated a New Mexico corporation, hereinafter referred to as the “Company” or “Employer”, United Government Security Officers of America, International Union (UGSOA, IU), and UGSOA Local 056 (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative, of the bargaining unit for the purpose of collective bargaining as defined in the National Labor Relations Act. This agreement shall be binding upon all parties, their successor’s and assigns. In the event of the sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.2 BARGAINING UNIT

The unit is defined as all full-time and shared position Federal Court Security Officers (CSOs), Federal Special Security Officers (SSOs), Lead Federal Court Security Officers (LCSOs) and Lead Federal Special Security Officers (LSSOs) employed by the Company in the 6th Circuit consisting of UGSOA Local 056, in the Northern District of the State of Ohio in the following cities of Cleveland, Akron, Canton, Toledo and Youngstown, excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

SECTION 1.3 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee composed of up to three members and one alternate selected by the Union to represent the Employees in collective bargaining negotiations. The time spent in negotiations with the Company as a Negotiating Committee Member shall not count as Union Leave as defined in Section 12.4 of this Agreement.

SECTION 1.4 STEWARD SYSTEM

A. The Company agrees to recognize a steward system.

B. The Union agrees that the union representatives and aggrieved employees will work at their regular jobs at all times except when they are properly relieved to attend to all the business of the Grievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working hours.

C. If the Employee requests, the Company will call for a union representative prior to any disciplinary action taken, whether it be written or verbal. The supervisor, at the request

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 4 of the Employee, will release the union representative as soon as possible. The Union Representative shall be paid for that time spent meeting with the Company, upon receiving Supervisor approval of relief from duty. If no Union representative is available, the employee may proceed without a Union representative or reschedule the discussion within 24 business hours.

SECTION 1.5 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried Employees shall not perform the duties of the Employees in the bargaining unit, except in an emergency.

“Management”, as used in this Agreement, refers to Site Supervisors, Contract Managers and Corporate representatives; Lead and Senior Lead Court Security Officers are not considered management.

SECTION 1.6 UNION SECURITY

A. 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 employment.

B. An Employee who is not a member of this Union at the time that this Agreement becomes effective, as a condition of employment, the employee shall, within ten (10) days after the 30th day following the effective date of this Agreement or date of hire either:

1. Become a member of the Union and remain a member or

2. Pay the Union a service fee. The amount of this service fee shall be equal to that paid by regular Union members to include regular and usual initiation fees. The service fee will not include any assessments, special or otherwise. Such payments shall commence on the 30th day after the date of hire.

C. Before any termination of employment pursuant to this Section becomes effective, the employee involved shall first be given notice in writing by the Union to pay the prescribed initiation fee and/or delinquent dues. If the employee fails to pay the initiation fee and/or delinquent dues, the Union shall notify the Company and provide proof of notice and the request for termination of delinquent employee. The Company shall notify the delinquent employee of pending termination if such fees/ or dues are not tendered within ten (10) days If such fee and/or dues are tendered within ten (10) days after the employee receives this notification from the Company, his/her dismissal under here shall not be required. If termination is administered under this provision, the

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 5 reasons will be given in writing and the employee terminated within five working days.

Termination will not occur if there is an ongoing dispute between the effected employee and the Union.

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

E. The Union, including its International, agrees to save and hold the Employer harmless from any and all claims, actions, suits, damages, or costs, including any attorneys fees incurred by the Employer, 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 1.7 DUES CHECKOFF

A. The Company agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. The Employee, upon written notice served upon the Company and the Union, may revoke such authorization as provided in the Employee Check-Off Authorization Card. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues.

B. The Company will remit all such deductions to the designated Financial

Secretary/Treasurer within three (3) business days from the date that the deduction was made. The Company shall furnish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues with each remittance. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and corrected when brought to the Company's attention.

SECTION 1.8 INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Union and the Company will put forth their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company, and that neither their representatives nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union.

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SECTION 1.9 ANTI-DISCRIMINATION

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

The union agrees, on behalf of itself and all employees covered by this Agreement, that the procedure in Article 5 will not be available to employees who pursue a discrimination claim in another forum.

ARTICLE 2

SECTION 2.1 MANAGEMENT’S RETAINED RIGHTS

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

A. Hire;

B. Assign work and schedule;

C. Promote, Demote, Layoff, Transfer except as defined in this agreement;

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

E. Make and enforce reasonable Employer rules and regulations;

F. Determine when overtime shall be worked;

G. Determine the qualifications of an Employee to perform work;

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

I. Determine the size and composition of the workforce including the number of, if any, employees assigned to any particular shift and the number of full-time and share-time employees;

J. Determine, direct or change work operations; and K. The right to ensure adherence to performance standards, the type of services to be rendered, and the manner in which such services are to be performed;

L. The right to establish job descriptions and classifications and to require employees covered by this Agreement to perform any job or task deemed necessary by the Company, as long as it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it;

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

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SECTION 2.2 MANDATORY BARGAINING

Management shall not implement any changes to subjects covered in the mandatory bargaining list as provided for in the NLRA Section 8(d).

SECTION 2.3 RETAINED RIGHTS

Any rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made. The Company’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

ARTICLE 3 GOVERNMENT AUTHORITY

The Company and its employees are providing a service to the United States Government, which bears responsibility and authority for providing security to federal judicial facilities. Therefore, employees agree to comply with any verbal or written non-disciplinary directive issued by the government. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving USMS rights under the contract between the USMS and the Company.

Government directives and any claimed violation of this Agreement which results from those directives are not subject to the grievance or arbitration procedure. Verbal directives will be documented in accordance with company policy.

ARTICLE 4 GOVERNMENT CREDENTIALS REQUIRED

Employment as a Court Security Officer or Lead Court Security Officer requires, as a condition of employment, that the employee maintain a current, valid driver’s license issued by his or her state of residence. Employees must be qualified to receive a Special Deputation as a Court Security Officer by the United States Marshals Service. Employees who fail to qualify or maintain their qualifications in accordance with policy and procedure may be terminated.

ARTICLE 5 GRIEVANCES

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of a material provision of this Agreement, except as limited by Articles 2, 3, 4 and 5 of any provision of this Agreement, or the challenge of any disciplinary action taken against a Bargaining Unit Employee.

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SECTION 5.2 GENERAL PROVISIONS

The number of days outlined in Section 5.3 for the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. When used in this Article, the term "days" shall mean working days, not including Saturdays, Sundays, legal holidays, or days when the local worksite or corporate office of the Company are closed.

Should the Company fail to comply with the time limits at any step of the grievance procedure, the Union should deem such failure to respond as a denial of the grievance and may move the process to the next step in accordance to the provisions of Article 5. The Company shall not be required to arbitrate untimely grievances or grievances not processed in accordance with the time deadlines set forth in the procedure, unless the Company affirmatively waives un-timeliness as a defense in writing. Timeliness will be decided by a Court having jurisdiction unless the Company agrees to submit the issue to an arbitrator.

SECTION 5.3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures. A grievance must specifically identify the provision(s) of the Agreement claimed to have been violated and must include specific facts supporting the grievance. The grievance and any subsequent proceedings shall be limited to the identified violations and provisions.

1. Informal Step

The party representatives at the location where the grievance arose shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Union agree that the aggrieved employee and his or her Designated Union representative,will first discuss the complaint with the immediate supervisor (not in the bargaining unit), within ten (10) working days of the incident or action being grieved, to start the informal procedure. If the informal procedure is not invoked within ten (10) working days of employee’s knowledge of a grievable issue, then it is agreed by both parties that no further action can be taken.

2. Local Step

If the matter is not resolved at the informal step, the Union shall, not later than ten (10) days after the informal discussion with the immediate supervisor, set forth the facts in writing on an agreed form, specifying the specific Article(s) and paragraph(s) allegedly violated and the nature of the alleged violation. This form shall be signed by a Designated Union Representative and the employee, and shall be submitted to the Contract Manager or his designee. The Contract Manager or designee shall have ten (10) days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved employee and a Designated Union Representative. If the

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Contract Manager or designee denies the grievance or does not respond within ten (10) days, the Union may timely advance the grievance to the next step.

3. Corporate Step

If the grievance is not settled at the Local Step, the grievance may be appealed in writing to the Company’s Vice-President of Human Resources or her designee not later than fifteen (15) days from the denial by the Contract Manager or designee or the expiration of the ten (10) day response period. The Vice-President of Human Resources or designee will have fifteen (15) days from the date the grievance was presented to return a decision, in writing, with a copy to the aggrieved employee and a Designated Union Representative. If the Contract Manager or designee denies the grievance or does not respond within fifteen (15) days, the Union may timely advance the grievance to the next step (arbitration).

SECTION 5.4 GRIEVANCE FOR DISCHARGE OR DISCIPLINE

Any grievance involving discharge or other discipline may be commenced at the Corporate Step of this procedure. The written grievance shall be presented to the Company’s Vice-President of Human Resources or her designee within fifteen (15) days after the occurrence of the facts giving rise to the grievance.

SECTION 5.5 CLASS ACTIONS

The Union shall have the right to file a group grievance (class action) involving more than one (1) employee.

SECTION 5.6 INDIVIDUAL GRIEVANCE

No individual may move a grievance to arbitration without the expressed authorization of the Local Executive Board and the International Union.

ARTICLE 6 ARBITRATION PROCEDURE

SECTION 6.1 Arbitration Procedure

Grievances processed in accordance with the requirements of Section 9.3 that remain unsettled may be processed to arbitration by the Union. The Union will give the Company’s Vice-President of Human Resources written notice of its desire to proceed to arbitration not later than fifteen (15) days after rejection of the grievance at the Corporate Step or expiration of the fifteen day (15) response period. Grievances which have been processed in accordance with the requirements of Section 5.3 which remain unsettled shall be processed in accordance with the following procedures

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 10 and limitations. If there is a dispute over whether a grievance is arbitrable, such issue may be resolved by any court of competent jurisdiction. Unless both parties agree, only one grievance may be heard in any arbitration proceeding.

SECTION 6.2 Selection of an Arbitrator

Within sixty (60) days providing written notice of its desire to proceed to arbitration, the Union will request that the Federal Mediation and Conciliation Service (FMCS) supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance. The party to make the first strike will be the winner of a coin toss.

SECTION 6.3 Decision of the Arbitrator

The arbitrator shall commence the hearing at the earliest possible date. Hearings shall be scheduled such that they will be completed in one continuous session, unless the hearing exceeds five (5) days, or unless mutually agreed by the parties. Any witnesses, excluding the grievant, not located within commuting distance of the hearing may testify by telephone.

The decision of the arbitrator should be rendered within ninety (90) days of the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties) and shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered.

It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. The arbitrator shall not have the power to order any remedial relief not contained in the agreement, including but not limited to “front” pay and reinstatement where the employee has been removed by the government. The arbitrator may not alter or change wage rates or benefits. The arbitrator’s decision must include findings of fact and the legal basis for the decision.

SECTION 6.4 Arbitration Expense

The arbitrator’s fees and expenses, including any travel expenses and the cost of any hearing room, shall be shared equally between the Company and the Union.

SECTION 6.5 Parties’ Expenses

Regardless of the arbitrator’s decision, each party will bear its own legal fees and costs. Each party is responsible for all other expenses it incurs, including the compensation costs and travel expenses of any witnesses whose attendance said party requires at arbitration. Any payment to witnesses for work time missed to testify is to be paid by the party calling such witness. Any other expenses, UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 11 including transcript costs, shall be borne by the party incurring such expenses. If both parties desire a transcript, the cost shall be split.

SECTION 6.6 Resolution of Grievances

At any stage, the Company may settle any grievance by providing the relief requested in the grievance or the amount of relief available under the Agreement, whichever is less. Unless agreed by the parties, any settlement is on a non-admission, non-precedent setting basis.

ARTICLE 7 DISCIPLINE

SECTION 7.1 Just Cause

After completion of the probationary period, no Employee shall be disciplined or terminated without just cause. Just cause shall include any action or order of removal of an employee from working under the contract by the U.S. Government, or revocation of required CSO credentials by the USMS under the Removal of Contractor Employee provision in Section H-3 of the 6th Circuit Contract between the USMS and the Company.

Any temporary or permanent removal of an employee by determination of the Government as described in Section H-3 of the Contract shall not become permanent without requisite notice to the employee and the opportunity provided for the employee to respond to the Government’s action within fifteen (15) days of the determination. Upon written request, the Company will provide the Union, in a timely manner, with all information concerning the removal that they may legally release, and will provide the Union with any relevant information concerning the proper Government point of contact and their contact data. The “final decision” on the employee’s removal shall be determined by the Government, and the Employer shall be held harmless by the Union and the employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties.

The Company’s contract with the U.S. Government sets out performance standards for the CSOs in the Contract between the Company and the USMS, and all Employees are required to comply with these standards. These performance standards, the USMS Deadly Force Standards and the US Title 18 Domestic Abuse and Violence policy will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year.

Employees agree to comply with any express non-disciplinary directive issued by the Government.

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S. Government or Company standards as described above. It is recognized by parties to this Agreement that progressive discipline generally shall be applied in dealing with Employees.

However, it is also recognized that offenses may occur for which progressive discipline is not applicable (e.g. fraud, gross misconduct, theft, etc.) Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. All discipline shall be subject to the

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 12 grievance and arbitration procedures, except for those issues involving the USMS rights under the Contract as referenced above.

SECTION 7.2 Progressive Discipline

The Employer recognizes the principals of progressive discipline. Accordingly, the Employer will consider utilizing progressive steps (e.g., reprimands or warnings, followed by suspension, followed by termination), as it deems appropriate considering the circumstances. Therefore, nothing herein shall require the Employer to begin the disciplinary process at any particular level, and that the Employer’s right to determine that immediate termination is appropriate in certain situations is therefore not limited by this provision.

The Employee may request in writing that the Company remove from consideration any discipline resulting in a 3-day suspension or less, after twelve (12) months, provided that no actions of a similar nature have been documented. If the request is rejected, the Company shall provide such rejection in writing and the Employee may re-file the request after an additional six (6) months have passed.

ARTICLE 8

HOURS OF WORK AND OVERTIME

SECTION 8.1 WORKDAY AND WORKWEEK

For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shifts shall be defined as the start and end times, of the employee’s work day. Shifts shall be designated at the discretion of the Employer to fulfill the needs of the U.S. Government. Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week.

The company will make its best efforts to avoid adjusting an employee’s weekly schedule to reduce the payment of overtime without advance notification.

With the approval of the Site Supervisor, Contract Manager, or their Designee, employees may be permitted to make trades of work days and/or shifts with other employees, provided each employee is qualified to perform the required duties, and provided that the trade will not cause the company to be required to pay overtime as a result.

SECTION 8.2 SHARED TIME EMPLOYEES

The parties recognize that the Company is obligated under its contract with the USMS to fill a designated number of shared time positions in order to meet adequate staffing level requirements, to increase security levels as required, and to mitigate the requirements of overtime. A shared time Employee may be scheduled to work more than a part time schedule, as necessary, at the Companies discretion. The Company will give the shared time Employee the maximum possible notice for the weekly work schedules. Nothing contained herein shall guarantee to any Employee

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 13 any number of hours of work per day or week. The Company will make its best efforts to schedule shared time Employees with two (2) consecutive days off.

Shared positions employees shall sign the Shared Officer Agreement form.

SECTION 8.3 OVERTIME

An overtime rate of time and one-half (1 1/2) of an Employee's base rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 8.4 OVERTIME REQUIREMENT

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the Employee shall be required to do the work, unless the Employee is excused by the Company for good cause.

SECTION 8.5 OVERTIME DISTRIBUTION

The Company will make its best efforts to offer overtime by Seniority (within the worksite) on a rotating basis. Overtime will be distributed as equitably and fairly as practicable among Employees.

SECTION 8.6 REST PERIODS

There shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each eight (8) hour shift. These rest periods require that the Employee be properly relieved before leaving their post. One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. Rest periods and lunch period may be combined to give a one hour lunch break at the Company's discretion, if approved by the Government. On occasion, due to exceptional work requirements, Employees may have to work through their unpaid lunch breaks and/or paid rest periods, and, if so, they will be compensated at the appropriate rate of pay. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement. Any CSO failing to report a missed lunch period or break period within 48 hours will not be paid for that time unless the missed lunch/break period can be verified by the Company.

ARTICLE 9

WORK SHIFTS AND PAYMENT POLICIES

SECTION 9.1 CALL-IN PAY

An Employee called in to work, when not previously scheduled, will be guaranteed a minimum of four (4) hours of work, or if four (4) hours of work is not available, will be paid for a minimum of

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 14 four (4) hours time. Call in is defined as anytime a CSO is required to report to duty for any business related function.

SECTION 9.2 PAYDAY

Payday for all hourly Employees will be after 11 a.m. on Friday following the two (2) week pay period ending on Saturday, subject to change by mutual agreement. The Company will pay employees by direct deposit, and make its best effort to list available personal leave and vacation in each Employee’s paycheck.

SECTION 9.3 UNDISPUTED ERROR

Neither the Company nor the Employee will be allowed to go back more than twelve (12) months to audit, adjust, or correct undisputed errors involving vacation pay, sick / personal leave pay, or salary issues unless required to do so by order of the Government. If an error is found, the employee shall be notified in writing prior to any deductions from his/her paycheck.

In case of an undisputed error on the part of the company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention. Any undisputed errors of $100.00 or more, will be corrected and paid within five (5) working days from the filing date of the discrepancy report.

SECTION 9.4 COURTHOUSE CLOSURE

The employer recognizes the fact that there are times when inclement weather, a natural disaster, or any other planned or unplanned event may close a Courthouse or Government Building where its employees are assigned. In the event a closure occurs, employees may be excused and may utilize personal leave, vacation leave, or leave without pay at their discretion.

ARTICLE 10 HOLIDAYS

Whenever the term "holiday" is used: See the Appendix for list of such holidays.

MISCELLANEOUS HOLIDAY PROVISIONS

A. A full-time position Employee who is not required to work on a holiday shall be paid eight

(8) hours straight time, excluding any shift premium for that holiday.

B. Any full-time position Employee who works as scheduled on a holiday shall receive the

Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight

(8) hours holiday pay at the straight time rate as described in Section 7.2.A. above.

C. A shared position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee is eligible for pay during the two (2)

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 15 week pay period in which the holiday occurs. A shared position Employee shall be granted a minimum of four (4) hours pay per holiday. Shared position holiday prorating shall be based upon total non-holiday work days in the pay period.

D. Any shared position Employee who works as scheduled on a holiday shall receive the

Employee's appropriate rate of pay for all hours worked, and in addition shall receive prorated holiday pay as described above in Section C.

E. In the event that the Holiday falls on a weekend, the term "holiday" will refer to the day that the U.S. Government designates as the Holiday.

ARTICLE 11

VACATIONS

SECTION 11.1 ELIGIBLE FULL-TIME EMPLOYEES

Full-time Employees shall be entitled to annual vacation based on their continuous years of service from the Employee's anniversary date as defined by the Service Contract Act at their individual hourly rate of pay at the time payment is made in accordance with the vacation schedule as listed in the Appendix.

SECTION 11.2 ELIGIBLE SHARED-TIME EMPLOYEES

A. Eligible shared position Employees shall be entitled to prorated vacation per the schedule contained in the addendum, based on their individual hourly rate, the number of hours paid in the previous year, and the Employee's anniversary date. A minimum of one-half the full-time benefit is guaranteed for Employees who have been paid for at least 1040 hours in the previous year.

B. Any Employee who works a full anniversary year, in part as a full-time position

Employee and in part as a shared position Employee, shall receive prorated vacation benefits for that year as calculated in the Addendum. (per the Service Contract Act).

SECTION 11.3 SCHEDULING VACATION

All vacation approvals will be contingent upon the operational needs of the site.

SECTION 11.4 UNUSED VACATION

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on the Employee's anniversary date of employment) shall be paid to the Employee.

SECTION 11.5 PAY IN LIEU OF VACATION LEAVE

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Earned vacation pay may be requested at anytime and will be paid in the next pay cycle. Earned vacation will remain available without pay.

SECTION 11.6 TERMINATING EMPLOYEES

Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act.

SECTION 11.7 VACATION - LAID OFF EMPLOYEES

Length of service with the Employer shall accrue for the purposes of vacation benefits while an Employee is on layoff status for up to one (1) year. Employees will only be paid vacation benefits when they are working.

SECTION 11.8 VACATION INCREMENTS

Consistent with Employer approval, efficiency, and economy of operations, Employees may take their vacation in segments of less than one (1) week each, but not less than four (4) hour increments.

ARTICLE 12

LEAVES OF ABSENCE

SECTION 12.1 LIMITATIONS

Unpaid leaves of absence for non medical emergencies may be granted at the sole discretion of the Employer without loss of seniority to the Employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Employer. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits for any unpaid leave of absence over 30 days. The Employer will make every reasonable effort to maintain an Employee's position while on a non statutory unpaid leave of absence which does not exceed 30 days. Unpaid leaves of absence may be taken only with written approval of the Employer, and will not exceed 30 days unless required by law or granted by the Company.

Any Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay.

SECTION 12.2 MEDICAL LEAVE

A. The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein.

B. The Company agrees to make a reasonable effort to accommodate an employee’s need for extended medical leave, even if the site does not qualify for FMLA under the provisions of the law. Such leaves will not exceed 30 days, unless required by

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 17 the law or granted by the Company.

C. During medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor, which establishes the fitness of the Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment.

D. If the Employee files for medical leave on false pretext or works for another employer, while on medical leave, without preauthorization from the company, the Employee will be removed from the CSO program and from employment with the Employer.

E. Employee’s must use all paid personal leave prior to beginning approved FMLA leave.

SECTION 12.3 MILITARY LEAVE

An Employee of the Company who is activated, drafted or voluntarily enters service into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave.

SECTION 12.4 UNION LEAVE

The Union Delegates (up to a maximum of 3) will be granted an unpaid leave of absence for up to a maximum of ten (10) calendar days per contract year upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staffing requirements permit. The Company shall respond, in writing, within five (5) days to the Employee’s written request. More time will be granted upon mutual agreement between the Company and the Union.

SECTION 12.5 PROCESSING UNPAID LEAVES OF ABSENCE

The Employer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. An unpaid leave of absence must be processed in the following manner:

A. At least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified personal emergencies, all requests for unpaid leaves of absence shall be submitted in writing to the Contract Manager if there is no site Supervisor on site, who shall pass on the request to the Contract Manager or designee, and include:

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 18

a. The reasons for such leave;

b. The effective dates of such leave;

c. The estimated date of return to work.

The Contract Manager must give the final approval for the leave of absence.

B. The Company will respond to the request, in writing, within five (5) working days.

C. Extensions of the leave of absence may be granted at the sole discretion of the Employer, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days.

SECTION 12.6 GENERAL PROVISIONS

Union Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement.

ARTICLE 13

HEALTH, WELFARE AND UNIFORM ALLOWANCES

For the term of this agreement, the parties agree that the Company will make a payment of all H&W monies to the Health and Welfare Benefit Program (“HWBP”) on behalf of each employee covered by this agreement beginning October 1, 2012.

If a successor Company or contractor is unable to make available all of the Benefits as defined in this Article, the Company shall at the discretion of the employee allow enrolment in such bona fide offerings the Company currently maintains or disburse the monies to the employee.

H&W amounts shall be set by the CBA and will be paid on all hours paid up to a maximum of 40 hours per week and 2080 hours per year.

All H&W amounts earned by each employee will be placed into a HWBP account under their name and shall be 100% vested in the employee. The Union agrees that the Company may use all needed employee information available to the Company in the normal course of business to set up these accounts. All employees will be enrolled in the program as there is no waiver option.

Any employee who does not allocate or direct the funds in the Plan will have the funds placed into the default 401K fund as deemed by the Plan Trustee. At the current time, the Manning and Napier Moderate Fund is the default fund.

The Plan shall comply with all applicable laws, and will offer various benefits as outlined below which shall be selected by each individual participant as they see fit; all participants are encouraged to actively monitor and revise their benefit selections as they individually deem appropriate and will

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 19 be afforded the opportunity to do so during annual open enrollment periods. The Plan shall contain, at a minimum, the following features:

1. 401K plan with at least 10 different investment options

2. Voluntary and/or supplemental medical, dental and vision plans

3. Long term and short term disability plans available subject to participation

4. Health Reimbursement Account

5. Parking/Commuter Reimbursement Account

6. All benefit plans covered through the Plan will be administered through Specialized Contract

Administrators and will continue as such through term of this CBA.

7. The Plan shall permit employees the opportunity to make two (2) withdrawals from the 401K plan during any single plan year for a fee of $20.00 each. Employees under the age of 59½ may be subject to IRS rules regarding hardship withdrawals.

The Company will:

1. Ensure all employees are automatically enrolled in the Plan within 2 pay periods from date of hire.

2. Ensure all H&W earned by the employee is sent to the plan administrator within14 days of the end of the pay period for which the money is earned..

3. Ensure each employee receives the information to facilitate the allocation of their funds as they choose once each year during annual open enrollment.

4. Consult with the Union to develop the Plan and Plan documents, including the selection of the benefits to be included in the plan offering and prior to making any voluntary plan changes after the Plan is established.

5. Have the final say in all benefits included in the Plan.

6. Ensure that all plan administrate costs are kept to a minimum. All fees and costs for the plan will be paid from plan assets.

On behalf of the employees, the Union agrees to the following:

1. The Company may use all needed employee information available to the Company in the normal course of business to set up these accounts.

2. No employee covered by this agreement may refuse to participate in the Plan. Refusal to sign any documents will not prevent an employee’s funds from being placed in the Plan.

3. If an employee fails to make an election, the employee shall be deemed to have selected participation in the 401K Plan.

4. The Union agrees that the Plan will continue for the term of the CBA and all future CBAs unless specifically negotiated.

SECTION 13.2 OTHER BENEFITS

The Employer will offer Employees the opportunity to participate in other available Employee-paid fringe benefit programs made available to all Court Security Officers employed by the Company.

These programs may include cafeteria plans, payroll deduction plans, retirement plans, insurance

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 20 plans, 401(k) plans, and any other plan mentioned in this Agreement. The Company has the right to share needed Employee information with the administrators of such plans.

SECTION 13.3 UNIFORM MAINTENANCE

The Employer will pay the Employee an allowance for each hour worked, up to 40 hours per week, for uniform maintenance as described in the Addendum. The Employer will provide foul weather gear for each Employee as is authorized and funded by the USMS for each employee. The Company shall issue uniforms by December 31st of each and every contract year and uniforms shall be gender-proper.

ARTICLE 14

MISCELLANEOUS PROVISIONS

SECTION 14.1 BULLETIN BOARDS

The Employer will make its best effort to obtain a space from the U.S. Government for Union to locate a Union provided bulletin board that will be used by the Union for posting notices of meetings, elections, appointments, recreational and social affairs, and other Union notices. The provision of these facilities is the prerogative of the U.S. Government, who owns and controls all worksite facilities. Notices or other postings may not disparage the client or the company and its management nor contain obscene or inappropriate language.

SECTION 14.2 PHYSICAL EXAMINATIONS

A. The Employer shall pay for any physical/medical examinations and medical follow-up exams that are required by the Employer and/or the U.S. Government. The Employer has the right to choose the physician who will perform the physical exam.

B. Employees must pass the physical exam prescribed by the Employer’s contract with the

U.S. Government in order to be employed and to maintain employment.

C. The Employer will pay for the time required for the Employee to take required physical exams/medical follow-ups. Time for any exams requiring more than two (2) hours must be pre-approved by the Site Supervisor. If, when the appointment is going to exceed two (2) hours, the Employee will call into the Site Supervisor or designee to inform them of the delay and request approval for additional time.

SECTION 14.3 TRAVEL EXPENSES

The Company will provide advance payments for Company authorized and approved travel expenses if requested by an Employee, at least five (5) days in advance. Any workday that includes travel and totals over twelve (12) hours may require the Employee to stay overnight, and the appropriate per diem will be paid. All hours in travel up to a maximum of eight (8) per day will be

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 21 counted as work hours, with the appropriate overtime wages provided for under this Agreement.

Employees will be reimbursed for all authorized expenditures of any authorized travel within twenty (20) days from the day the Employer receives the properly completed travel voucher and all required receipts.

SECTION 14.4 BREAK ROOMS

The Employer will make its best effort to obtain from the U.S. Government break rooms for CSOs for breaks and lunch, without management using the room as an office, and will make its best effort to have the U.S. Government equip the room with water. The providing of these facilities is the prerogative of the U.S. Government.

SECTION 14.5 LOCKERS

The Employer will make its best effort to obtain lockers from the U.S. Government for the use of the CSOs. The Employer agrees to make its best effort to support any Union request for separate Locker/Changing facilities. The providing of these facilities is the prerogative of the U.S.

Government.

SECTION 14.6 UNION MEETINGS

Neither Union officials nor Union members shall, during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances as described in this Agreement.

SECTION 14.7 INDEMNITY

The Employer shall, to the extent permissible under law, indemnify, defend and hold harmless, the Employee, including the cost of representation, from and against all actions, claims and demands brought against the Employee by any third party relating to the performance of the Employee’s employment, as long as the Employee is operating within the scope of their assigned duties.

ARTICLE 15

SAFETY

SECTION 15.1 SAFETY POLICY

It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement, all worksites and facilities are the property of the U.S. Government, who is responsible for the condition and safety of the worksite. The Company agrees to permit one

(1) bargaining unit member selected by the Union to participate in any locally scheduled safety meetings, if permitted by the government.

UGSOA IU, UGSOA Local 056 with AKAL, 10-01-2012 thru 09-30-2015 22

SECTION 15.2 OSHA STANDARDS

The Company will report, to the appropriate party, any safety violations observed or reported to the Company in any U.S. Government provided CSO workstations and break rooms.

ARTICLE 16

CONTINUITY OF OPERATIONS

SECTION 16.1 NO LOCKOUTS

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

SECTION 16.2 NO STRIKES

A. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s security operations. Therefore, so long as this Agreement is in effect, the Union and the Company agree that there will be no strikes, lockouts, work stoppages, illegal picket lines, slowdowns, or secondary boycotts during the term of this Agreement.

B. Upon hearing of an unauthorized strike, slowdown, stoppage of work, planned inefficiency, or any curtailment of work or restriction or interference with the…