06 WTN USCSOs 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 WTN USCSO’s, FY2014

The attached collective bargaining agreement (CBA), between the United States Court Security Officers of West Tennessee, and Akal Security, Inc. is valid through September 30, 2014.

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

Collective Bargaining Agreement

Between

Akal Security, Inc.

And

United States Court Security Officers

Page 2�

TABLE OF CONTENTS

SECTION 1.1 Parties 6

SECTION 1.2 Bargaining Unit 6

SECTION 1.3 Negotiating Committee 6

SECTION 1.4 Union Security 6

SECTION 1.5 Steward System 8

SECTION 1.6 Dues Check‐off 8

ARTICLE 2 SENIORITY 9

SECTION 2.1 Seniority Defined 9

SECTION 2.2 Seniority Lists 9

SECTION 2.3 Personal Data 9

SECTION 2.4 Transfer Out Of Unit 9

SECTION 2.5 Probationary Employees 9

SECTION 2.6 Termination Of Seniority 10

ARTICLE 3 JOB OPPORTUNITIES 10

SECTION 3.1 Filling Vacancies 10

SECTION 3.2 Share‐Time Position Employees 11

SECTION 3.3 Layoff And Recall 11

SECTION 3.4 Temporary Assignments 11

SECTION 3.5 Appointment And Removal Of Lead CSOs 12

ARTICLE 4 GOVERNMENT AUTHORITY 12

ARTICLE 5 GOVERNMENT CREDENTIALS REQUIRED 12

ARTICLE 6 NON‐DISCRIMINATION 12

ARTICLE 7 MANAGEMENT'S RIGHTS 13

SECTION 7.1 Enumerated Rights 13

SECTION 7.2 Retained Rights 13

Page 3�

ARTICLE 8 DISCIPLINE 14

SECTION 8.1 Just Cause 14

SECTION 8.2 Significant Offenses 14

SECTION 8.3 Progressive Discipline 14

ARTICLE 9 GRIEVANCE 15

SECTION 9.1 Intent 15

SECTION 9.2 General Provisions 15

SECTION 9.3 Grievance Procedure 15

SECTION 9.4 Grievance for Discipline 16

SECTION 9.5 Class Action 16

SECTION 9.6 Individual Grievances 16

SECTION 9.7 Bilateral Right 16

ARTICLE 10 ARBITRATION PROCEDURE 16

SECTION 10.1 Selection of an Arbitrator 17

SECTION 10.2 Decision of the Arbitrator 17

SECTION 10.3 Arbitration Expense 17

SECTION 10.4 Parties’ Expenses 17

SECTION 10.5 Resolution of Grievances 18

ARTICLE 11 COMPENSATION AND FRINGE BENEFITS 18

SECTION 11.1 Call In Pay 18

SECTION 11.2 Share Time Proration 18

SECTION 11.3 Wages 18

SECTION 11.4 Wage Schedule 18

SECTION 11.5 Night Shift Differential 18

SECTION 11.6 Lead CSO Rates 18

SECTION 11.7 Undisputed Error 19

Page 4�

SECTION 11.8 Bereavement Leave 19

SECTION 11.9 Jury Duty 19

ARTICLE 12 HEALTH & WELFARE AND UNIFORM ALLOWANCES 19

SECTION 12.1 H & W Payments 19

SECTION 12.2 Other Benefits 19

SECTION 12.3 Uniform Maintenance 19

ARTICLE 13 VACATIONS 20

SECTION 13.1 Eligible Full‐Time Employees 20

SECTION 13.2 Eligible Shared Position Employees 20

SECTION 13.3 Scheduling Vacations 20

SECTION 13.4 Unused Vacation 20

SECTION 13.5 Pay In Lieu Of Vacation Leave 20

SECTION 13.6 Terminating Employees 20

SECTION 13.7 Vacation ‐ Laid Off Employees 21

SECTION 13.8 Vacation Increments 21

ARTICLE 14 HOLIDAYS 21

SECTION 14.1 Holidays Defined 21

SECTION 14.2 Miscellaneous Holiday Provisions 21

ARTICLE 15 HOURS OF WORK AND OVERTIME 21

SECTION 15.1 Workday and Workweek 21

SECTION 15.2 Overtime 22

SECTION 15.3 Overtime Requirement 22

SECTION 15.4 Overtime and Extra Work Distribution 22

SECTION 15.5 Rest Periods and Meal Periods 22

SECTION 15.6 Gear‐up/Gear‐down and Timekeeping 22

SECTION 15.7 Courthouse Closure 22

Page 5�

ARTICLE 16 UNPAID LEAVES OF ABSENCE 23

SECTION 16.1 Limitations 23

SECTION 16.2 Medical Leave 23

SECTION 16.3 Military Leave 23

SECTION 16.4 Union Leave 24

SECTION 16.5 Personal Leave 24

SECTION 16.6 Processing Unpaid Leaves of Absence 24

ARTICLE 17 MISCELLANEOUS PROVISIONS 24

SECTION 17.1 Bulletin Boards 24

SECTION 17.2 Physical Examinations 25

SECTION 17.3 Travel Expenses 25

SECTION 17.4 Break Rooms 25

SECTION 17.5 Lockers 25

SECTION 17.6 Union Business Prohibited On Duty 26

SECTION 17.7 Safety Policy 26

SECTION 17.8 OSHA Standards 26

ARTICLE 18 401K 26

ARTICLE 19 CONTINUITY OF OPERATIONS 26

SECTION 19.1 No Strikes 26

SECTION 19.2 No Lockouts 27

SEPARABILITY OF CONTRACT 27

ARTICLE 20 ENTIRE AGREEMENT 27

ARTICLE 21 TERMINATION OF AGREEMENT 27

ARTICLE 22 DURATION OF AGREEMENT 27

Page 6�

GENERAL PROVISIONS

SECTION 1.1 Parties

This Agreement is made and entered into by and between AKAL SECURITY, INCORPORATED, a New Mexico corporation, hereinafter referred to as the "Company," and UNITED STATES COURT SECURITY OFFICERS UNION, hereinafter referred to as the "Union". This Agreement shall be binding upon the parties, their successors and assigns.

SECTION 1.2 Bargaining Unit

This agreement is entered between Akal Security, Inc., and the United States Court Security Officers (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

The unit is defined as all full‐time and shared‐time Court Security Officers (CSOs), Lead Court Security Officers (LCSOs), Senior Lead Court Security Officers (SLCSO’s), Special Security Officers (SSO’s), Lead Special Security Officers (LSSO’s), Senior Special Security Officers (SSSO’s) employed by the Company at the locations described in the attached Appendices under various contracts between the Company and the United States Marshals Service, excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

This agreement shall be binding upon both parties their successors and assigns. In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.3 Negotiating Committee

The company agrees to recognize a Negotiating Committee Composed of the President, and one (1) member from each District (usually the District Vice‐President). Alternates may be selected by the Union President to represent the Employees in collective bargaining negotiations. The Union will provide the names of individuals to the Company prior to the negotiations.

SECTION 1.4 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 retaining membership in the Union.

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

Page 7�

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

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.

(a) Employees who are members of, and adhere to the established and traditional tenets of a bona‐fide religion, body, or sect, which has historically held conscientious objections to joining or financially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the agency fee required above, to a tax‐exempt organization (under Section 501(c)(3) of the IRS Code). 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.

C. Before any termination of employment pursuant to this Section becomes effective, the Employee 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, and if such fee and/or dues are tendered within 48 hours 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 reason will be given in writing. Termination will not occur if there is an ongoing dispute between the effected Employee and the Union.

1. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law, including, but not limited to, any Executive Orders permitting or restricting Union security rights. If there is a legal challenge to any provision of this Article, the Employer may suspend its obligations under this Article for the duration of the dispute after conferring on the matter with the Union.

2. The Union agrees to save and hold the Employer harmless from any all claims, actions, suits, damages, or costs, including attorney’s 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.

Any abuse of Section 1.4 may result in mandatory payment of back fees, dues and costs may be levied and/or disciplinary action up to, and including, termination.

Page 8�

SECTION 1.5 Steward System

The Company agrees to recognize a steward system.

The Union agrees that the union representatives and aggrieved employees will work at their regular jobs at all times except when they are relieved by management to attend to the grievance procedure as outlined in this Agreement.

At an Employee’s request, the Company will call for a union representative prior to taking any disciplinary action. The supervisor, at the request of the Employee, will release the union representative as soon as possible. If no union representative is available, the employee may proceed without a representative or reschedule the discussion.

Aggrieved employees and Union representatives will be paid their regular rate of pay for time spent in grievance‐related meetings with management only during scheduled working hours. The aggrieved employee will not be paid for time spent investigating grievances, preparing grievance documents, or for any time spent outside of meeting with management.

“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 Dues Check‐off

The Union will furnish the forms to be used for authorization. The Employer agrees to deduct from the payrolls all initiation fees and periodic dues as required by the Union upon presentation by the Union or the employee of individual authorizations as required by law, signed by the employees directing the Employer to make such deductions from the employee’s pay period each month and remit same to Union. The Employer will furnish the Union with a duplicate copy of all signed authorizations, unless another procedure is adopted.

The Company will remit all such deductions to the Financial Secretary/Treasurer within five (5) business days from the date that the deduction was made, via direct deposit, if requested by the union. All costs related to direct deposit will be borne by the Union. The Union agrees to furnish the Company with the current routing number for direct deposit. The Company shall furnish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues, within seven (7) business days of 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 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.

Page 9�

ARTICLE 2 SENIORITY

SECTION 2.1 Seniority Defined

Union seniority shall be the length of continuous service from the Employee’s initial date of hire as a full or share time CSO, LCSO, SLCSO, SSO, LSSO, SLSSO, including any member assigned to The Courts, US Probation Offices, and US Attorney’s Offices for the Employer, past or present and/or any predecessor Employer. Seniority shall not accrue until the Employee has successfully completed the probationary period. Seniority shall be applicable in determining the filling of vacancies, order of layoff and recall, shift bidding, vacation schedules, holidays, extra work, overtime and other matters as provided for in this Agreement.

For the purposes of vacation time calculations, seniority shall accrue from the date of hire as a CSO, LCSO, SLCSO, SSO, LSSO, and SLSSO with Akal Security.

When providing names to the USMS for USMS training school, Akal will provide the names in order of seniority.

Any employee who is granted an approved leave of absence will retain all seniority rights.

SECTION 2.2 Seniority Lists

The Union, using service credit information, will provide a seniority list to the Company twice each year for each building or site. The Union will break ties in seniority by a fair and non‐discriminatory method of its own devising.

SECTION 2.3 Personal Data

Employees shall notify the Employer in writing, on the company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Company shall be entitled to rely upon the last known address in the Employer's official records. The Company shall be entitled to use employee information available to the company in the normal course of business.

SECTION 2.4 Transfer Out Of Unit

Any Bargaining Unit Employee who is promoted to a non‐bargaining unit position for more than 180 days shall lose their Union seniority from the first day in a non‐bargaining unit position. If they return to the bargaining unit more than 180 days later they shall regain their Union seniority date, excluding the time in the non‐bargaining unit position upon completion of 365 days back in the bargaining unit one time only.

SECTION 2.5 Probationary Employees

Probationary Employees will be considered probationary for a sixty (60) calendar day period after their hire date. The Union will still represent Probationary Employees for problems concerning wages, hours, and working conditions, but the Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of Probationary Employees without recourse to the grievance

Page 10� procedure contained in this Agreement.

Probationary Employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The Probationary period can be extended by mutual agreement between the Company and the Union.

SECTION 2.6 Termination Of Seniority

The seniority of an Employee shall be terminated for any of the following reasons:

A. the Employee quits or retires;

B. the Employee is discharged;

C. a settlement with the Employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

D. the Employee is laid off for a continuous period of more than 3 years;

E. the U.S. Government revokes the Employee's credentials as a CSO;

F. the Employee is permanently transferred out of the bargaining unit under and subject to Section 2.4 above;

G. the Employee accepts a position outside of the bargaining unit and does not return to the bargaining unit for a period of 18 months.

NOTE: Full seniority will be reinstated should an employee who has been removed on a non‐voluntary basis be re‐credentialed by the USMS.

ARTICLE 3 JOB OPPORTUNITIES

SECTION 3.1 Filling Vacancies

If a vacancy occurs in a full time or share position covered by this Agreement or a new position is added and the company chooses to fill the position, the job will be posted for a period of five (5) working days (excluding Saturdays, Sundays and holidays) at all locations within the District. Any Employees who have notified the Site Supervisor in writing of their intent to apply for a Full‐Time or Share‐Time position and who are not scheduled to work during that five (5)day period and any Employees on vacation or on other approved leave will be notified by the Company. The Site Supervisor will notify the Union District Vice‐ President of such openings. The Union District Vice‐President will then verify that all CSOs have been notified.

When a vacancy occurs, the Employer will fill the position with the most senior Employee who has applied for the position in writing, who will be trained (if required) to fill any necessary special qualifications for the new position. This provision does not apply to Lead Court Security Officer vacancies.

Once an employee has submitted a bid for a vacancy, that bid may not be withdrawn unless agreed upon by the Company and the Union.

11�

SECTION 3.2 Share‐Time Position Employees

The company shall provide CSO coverage by using a combination of full‐time positions and share‐time positions. Full time positions are positions where the CSO is scheduled to fill that position for a 40‐hour workweek, 52 weeks per year (less holidays). Share‐time positions are also 40‐hour workweek positions that are filled by two (2) CSO’s for a combined total of 40 hours per week. The Company is required to use shared position CSO’s to: (1) provide full staffing level coverage; (2) increase security levels as needed;

and (3) avoid overtime. Shared position employees may be required to work any tour of duty required by the company. The Company has sole discretion in assigning these tours. The company will give the shared position Employee the maximum possible notice for schedule changes. Failure to report to work when so scheduled or called to work may result in disciplinary action.

Shared position Employees will be required to sign the Akal Shared Officer Agreement.

In order to avoid being called in, a share‐time employee must have leave available and must submit a leave request. If the share‐time employee is needed on the requested day off, the Company will process the leave request. If the share‐time employee is not needed on the requested day off, the Company will void the leave request. The employee may request a copy of the voided leave request form from the supervisor.

SECTION 3.3 Layoff And Recall

In the event of layoff or recall, when full‐time or shared positions are being reduced, probationary Employees will be laid off first. Should it be necessary to further reduce the work force, employees will be retained on the basis of seniority. Recall of Employees will be accomplished by recalling the last laid off Employee first, and so on.

In the event of a layoff, or reduction in hours, the Employer will provide the Union with as much advance notice as possible and will meet with the Union to bargain impact and implementation of the staff reduction plan.

SECTION 3.4 Temporary Assignments

In the interest of maintaining continuous operations, the Employer may temporarily assign an Employee to a vacant or new position or assign an Employee to a temporary security assignment directed by the USMS, including temporarily assigning an Employee to a work site within or outside of the area defined by this Agreement and its Appendices. To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification and shall not exceed 90 days per employee, this may be extended with an agreement between the Company and the Union. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis.

Employees involuntarily assigned will receive the higher of the base hourly wage available to Employees regularly assigned to the site to which the Employee is being transferred (providing that the Employer is the contractor on the site to which the Employee is being transferred), or their regular hourly wage they receive at their regular site under this agreement.

12�

SECTION 3.5 Appointment And Removal Of Lead CSOs

The U.S. Government, in its contract with the Company, creates specific guidelines for the job duties of Lead CSOs. Based on these guidelines, all appointments will be made on the basis of suitability as evaluated by the Company. Suitability shall include an employee's qualifications, skills, past performance, and the legitimate needs of the operation. The Company shall fairly evaluate and select the most qualified candidates.

ARTICLE 4 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 5 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 Officers by the United States Marshals Service. Employees who fail to qualify will be considered to have resigned voluntarily.

ARTICLE 6 NON‐DISCRIMINATION

There shall be no discrimination against any employees within the collective bargaining unit covered by this agreement (including, for the purpose of this anti‐discrimination provision of the agreement, probationary employees) by reason of race, color, religion, sex, national origin, disability, age or any other characteristic protected by any Federal, State, City, County, municipal or other local statute, law, regulation, rule or ordinance, including, but not limited to, claims made pursuant to Title VII of the Civil Rights Act, Sections 1981 through 1988 of Title 42 of the United States Code; the Americans with Disabilities Act, Vietnam Era Veterans Status, the Age Discrimination in Employment Act of 1967 ( herein collectively referred to as statutory claims). There shall also be no retaliation against those employees covered by this article for pursuing their rights, statutory and contractual, under this Article.

The Union agrees, on behalf of itself and all the employees covered by this Agreement , that the sole and exclusive forum for the adjudication of all such claims under this Article, statutory and contractual, and the sole and exclusive remedy for violations of the rights set forth in this Agreement, statutory and contractual (including but not limited to those statutes referenced in Article 4), to the preclusion of all other remedies and forums, judicial administrative and otherwise, shall be the grievance and arbitration procedures detailed in Articles 9 & 10 of this Agreement, unless the claim asserted is a challenge to an action taken by the company pursuant to Article 4 of this Agreement.

13�

ARTICLE 7 MANAGEMENT'S RIGHTS

SECTION 7.1 Enumerated Rights

The Company reserves all rights which it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Company, which it may exercise in it sole discretion and which might otherwise be a source of potential controversy, these rights being:

a. Hire;

b. Assign work and schedule;

c. Promote, Demote;

d. Discharge, discipline, or suspend;

e. 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;

f. Make and enforce work rules not inconsistent with the provisions of this agreement;

g. Require Employees to observe reasonable Employer rules and regulations;

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

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

j. The right to determine, direct, and change the work operations and work force of the

Company;

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 determine the type and quantity of machines, equipment, and supplies to be used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or handled by the Company;

m. The right to sell, lease, shut down, or otherwise dispose of all or part of the Company's assets or business operations;

n. The right to introduce changes in the methods of operations, jobs or facilities, including the right to automate, totally or partially, any or all of its business operations, even though this operates to eliminate unit jobs;

o. The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Company, provided the assignment is lawful and safe and that the employee is qualified to perform it;

p. The right to schedule all work and hours of work, to determine the need for and amount of overtime, and to assign or require employees to work overtime.

SECTION 7.2 Retained Rights

Any rights, power or authority the Company had prior to the signing of this Agreement are retained by the

14�

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 8 DISCIPLINE

SECTION 8.1 Just Cause

No employee, after completion of his or her probationary period, shall be disciplined or terminated without just cause. It is agreed by the parties that in instances when the employee is removed from working under the USMS Contract by the USMS, or when the employee’s authority to work as a Court Security Officer under the USMS Contract is otherwise denied or terminated by the USMS, or the Employee no longer satisfies the USMS's qualifications for his or her position, the Employee may be terminated without recourse to the procedures under this Agreement and the Company shall be held harmless from any lawsuits resulting by the employee and the Union.

SECTION 8.2 Significant Offenses

Among the actions which may, as deemed appropriate by the Employer, result in and establish cause for discipline (up to and including dismissal) shall include, but shall not be limited to: abuse of authority;

neglect of duties; breach of security; breach of the Company’s chain of command policy, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the USMS and the Court; conduct which impugns, disparages or reflects negatively upon the USMS, the Court, the Company or any of their agents or employees to the Government or other third parties, except when such conduct is protected under specific law; offensive conduct directed at or involving Government employees, members of the public or contractor employees at or near the federal facilities, or while in uniform;

violation of the Deadly Force standards; dishonesty, misappropriation of funds or government or company resources, theft, assault, intoxication or drinking on duty, being under the influence of or illegal use or possession of drugs or narcotics; immoral or indecent conduct; fighting; threats; sleeping or being inattentive while on duty; destruction of property; failure to properly screen; criminal misconduct or violations of the Company’s EEO or harassment policies.

SECTION 8.3 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.

Employees may request that the Company discount discipline resulting in a 3‐day suspension or less after a period of one year has passed.

The Company issues a variety of warnings to employees, including “final warnings.” Final warnings expire two (2) years after issuance, except those final warnings that include a statement that any violation will

15� result in the employee’s termination. “Any‐will” final warnings remain on file indefinitely.

ARTICLE 9 GRIEVANCE

SECTION 9.1 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 4, 5, 6, and 7.

SECTION 9.2 General Provisions

The number of days outlined in Section 9.3 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 Union or the aggrieved employee fail to comply with the time limits as set forth in this Article, the Union shall pay the full cost of the Arbitrator and the meeting room. Should the Company fail to comply with the time limits, the Union and the aggrieved employee may deem the Company’s failure to respond as a denial of the grievance.

SECTION 9.3 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 the 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 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. If, during the course of this discussion either the Employee or the supervisor requests, a Weingarten representative will be called in unless unavailable in which case the employee may proceed without a representative or reschedule the discussion.

2. Local Step

If the matter is not resolved at the informal step, the Employee 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 the aggrieved Employee and a separate Union representative, and shall be submitted to the Contract Manager or his designee with a copy to the Company’s HR Director.

16�

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 the Union representative. If the Contract Manager or designee denies the grievance or does not respond within ten (10) days, the aggrieved Employee must 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 the Union representative. If the Contract Manager or designee denies the grievance or does not respond within fifteen (15) days, the aggrieved Employee must timely advance the grievance to the next step (arbitration).

SECTION 9.4 Grievance for Discipline

Any grievance involving discharge or other discipline may be commenced at the Local Step of this procedure. The written grievance shall be presented to the Contract Manager through the Site Supervisor or designee within fifteen (15) days after the occurrence of the facts giving rise to the Grievance.

SECTION 9.5 Class Action

The Union shall have the right to file a group grievance (class action) involving more than one (1) Employee at the Informal Step of the grievance procedure.

SECTION 9.6 Individual Grievances

No individual may move a grievance to arbitration.

SECTION 9.7 Bilateral Right

Grievances may be raised by either the Union or the Company. The Company is required to address a grievance directly with the Union’s designated representative one time before advancing an unresolved grievance to Arbitration under Article 8.

ARTICLE 10 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 9.3 which remain unsettled shall be processed in accordance with the following procedures and limitations. If there is a dispute over whether a grievance is arbitrable, such issue may be resolved by any court of competent

17� jurisdiction. Unless both parties agree, only one grievance may be heard in any arbitration proceeding.

SECTION 10.1 Selection of an Arbitrator

Within fifteen (15) days providing written notice of its desire to proceed to arbitration, the Union will request that the AAA to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the AAA 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 10.2 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. Company or union witnesses (except the grievant) not located within commuting distance of the hearing may testify by telephone.

The decision of the arbitrator will normally be rendered within thirty (30) 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. Any award of back pay may not commence more than ten (10) days prior to the date of the written grievance. The burden of proving back pay is with the grievant and is limited to the amount of wages the employee would have otherwise earned, less any unemployment compensation, interim earnings or other appropriate off‐sets. In the case of a discharge, the grievant must demonstrate he or she exercised reasonable diligence to find other employment in order to recover back pay.

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 or is no longer qualified. 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 10.3 Arbitration Expense

The arbitrator's fees and expenses, including any travel expenses and the cost of any hearing room, shall be borne by the non‐prevailing party. In the event that the arbitrator rules partially in favor of the Union and partially in favor of the Company, these costs will be shared equally between the Company and the Union.

SECTION 10.4 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

18� missed to testify is to be paid by the party calling such witness. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses. If both parties desire a transcript, the cost shall be split.

SECTION 10.5 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 11 COMPENSATION AND FRINGE BENEFITS

The Company agrees to provide employees with compensation and fringe benefits as required by the McNamara‐O’Hara Service Contract Act and other applicable laws, including but not limited to the Family Medical Leave Act of 1995 and the Uniformed Services Employment and Reemployment Rights Act of 1994.

Agreed compensation rates, fringe benefit entitlements and options, and associated policies and procedures are described in the attached appendices.

SECTION 11.1 Call In Pay

An employee who is called into work or who reports to works as scheduled without having been notified not to report to work shall be paid four (4) hours of call in pay at their regular rate of pay.

SECTION 11.2 Share Time Proration

All proration of share time employee’s hours will be based on hours paid.

SECTION 11.3 Wages

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.

Employees will be paid by direct deposit, except where precluded by applicable law.

SECTION 11.4 Wage Schedule

See attached Appendices.

SECTION 11.5 Night Shift Differential

See attached Appendices.

SECTION 11.6 Lead CSO Rates

If additional Lead CSOs are added to the contract any time after this Agreement goes into effect, they will be paid the LCSO wage. In the case where there are multiple LCSO wages, the additional LCSO will be paid at the lowest LCSO wage for the site or location where they are assigned. Lead pay shall also be paid to

19� employees for hours spent working as a training officer or range officer. Employees temporarily assigned by management to lead duties will receive the lowest Lead rate of pay for that time in compliance with DOL and SCA requirements.

SECTION 11.7 Undisputed Error

Neither the Company nor the Employee will be allowed to go back more than twenty‐four (24) 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 error, involving eight (8) hours of pay or more, will be corrected and paid within three (3) working days.

SECTION 11.8 Bereavement Leave

See attached Appendices.

SECTION 11.9 Jury Duty

See attached Appendices.

ARTICLE 12 HEALTH & WELFARE AND UNIFORM ALLOWANCES

SECTION 12.1 H & W Payments

For the term of this agreement, the Company will provide a Health & Welfare benefit package, as described in the attached Memorandum of Agreement.

SECTION 12.2 Other Benefits

The Employer may choose to offer additional fringe benefits to Court Security Officers employed by the Company.

SECTION 12.3 Uniform Maintenance

The Employer will pay the Employee an allowance on all hours worked, up to 40 hours per week. This benefit is payable in cash to each individual employee. Uniform Maintenance payments may not be used to fund plan benefits except by mutual agreement of the Union and the Company. These terms apply to any successor to this CBA.

See Appendices for Uniform Allowance rates..

The Employer will provide all hot, cold, and inclement weather gear for each employee as is authorized in writing and funded by the USMS. The Company shall make its best effort to issue uniforms by December 31st.

20�

ARTICLE 13 VACATIONS

SECTION 13.1 Eligible Full‐Time Employees

Eligibility for vacation benefits shall be based on Department of Labor (DOL) rules under the Service Contract Act. Eligible full‐time Employees shall be entitled to annual vacation based on their continuous years of service with the Employer (based on the Employee's anniversary date of employment as a CSO or SSO) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

See attached Appendices.

SECTION 13.2 Eligible Shared Position Employees

Eligible shared position Employees shall be entitled to pro‐rated vacation per the schedule contained in the attached appendix, based on their individual hourly rate, the number of hours paid in the previous year, and the Employee's anniversary date.

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 part A above (per the Service Contract Act).

See attached Appendices.

SECTION 13.3 Scheduling Vacations

Vacations, insofar as is reasonably possible, shall be granted at the times most desired by the Employee, after the Employee's anniversary date.

See attached Appendices.

SECTION 13.4 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 shall be paid in cash to the Employee.

See attached Appendices.

SECTION 13.5 Pay In Lieu Of Vacation Leave

At any time during the year, Employees may request in writing to be paid for earned vacation, pay in lieu of taking actual vacation leave. Earned vacation pay will be paid in the next pay cycle.

SECTION 13.6 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. (Example:

An Employee who terminates one month into the next anniversary year is entitled to any of the previous year's earned accrued vacation not already used, but not entitled to the additional month of vacation accrued in the new anniversary period).

21�

SECTION 13.7 Vacation ‐ Laid Off Employees

Length of service with the Employer shall accrue for the purposes of vacation benefits while an Employee is on laid‐off status for up to one (1) year. Employees will only be paid vacation benefits upon returning to work.

SECTION 13.8 Vacation Increments

Consistent with Employer approval, efficiency, and economy of operations, Employees with two (2) or more weeks of vacation may take their vacation in segments of less than one (1) week each. Vacation may be taken in no less than four (4) hour increments.

ARTICLE 14 HOLIDAYS

SECTION 14.1 Holidays Defined

Whenever the term "holiday" is used, it shall mean:

See attached Appendices

SECTION 14.2 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, exclusive of 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 13.2a 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 paid during the two (2) week pay period in which the holiday occurs. Proration is based on available full‐time hours worked during the pay period. A shared position Employee shall be granted a minimum of four (4) hours pay per holiday. Share time employees shall be paid a minimum of 8 hours holiday pay for Christmas and Thanksgiving.

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 eight (8) hours holiday pay at the straight time rate, exclusive of any shift premium for that holiday.

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

Government designates as the Holiday. Those employees scheduled off on the U.S. Government designated Holiday, who work the actual Holiday, shall receive Holiday Pay as per Section 13.2B and 13.2E

ARTICLE 15 HOURS OF WORK AND OVERTIME

SECTION 15.1 Workday and Workweek

For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, 22� shall constitute a normal full‐time workweek for full‐time Employees. 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.

SECTION 15.2 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 15.3 Overtime Requirement

If directed to work overtime or extra hours, the Employee shall be required to do the work, unless the Employee is excused by the Company for good cause.

SECTION 15.4 Overtime and Extra Work Distribution

Overtime will be distributed as equitably and fairly as practicable among Employees. The parties recognize that lack of notice or needs of the business may in certain cases, preclude, as a practical matter, the even distribution of all overtime assignments. The Company will not have liability for failing to do so as long it makes a reasonable effort to distribute overtime evenly among employees. Any employee who believes he has been deprived of equitable distribution of overtime in violation of this section, must first bring it to the attention of Company management and afford the Company the opportunity to give him an overtime assignment, in which case, there is no violation of this section.

Extra work is defined as work paid for by an agency or entity other than the US Marshals Service.

SECTION 15.5 Rest Periods and Meal 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. 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 or dismissed earlier, at the Company’s option. 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.

SECTION 15.6 Gear‐up/Gear‐down and Timekeeping

Employees will comply with the Company’s Gear‐up/Gear‐down and Timekeeping policies, which are incorporated herein.

SECTION 15.7 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

23� are assigned. In the event that a closing occurs, employees will be excused and may use personal leave, vacation days, leave‐without‐pay, or floating holiday.

ARTICLE 16 UNPAID LEAVES OF ABSENCE

SECTION 16.1 Limitations

Personal leaves of absence may be granted at the sole discretion of the Employer without loss of seniority to the Employee.