1A_CBAs_Central_Illinois_-_A0001.pdf

7th (8A) Circuit:

District CITY COUNTY WAGE DET REV DATE UNION C/IL Springfield Sangamon CBA-2013-6192 Rev. 5 9/21/2016 United Government Security Officers of America Local 112

Urbana Champaign CBA-2013-6193 Rev. 3 9/21/2016 United Government Security Officers of America Local 112 Peoria Peoria CBA-2013-6195 Rev. 3 9/21/2016 United Government Security Officers of America Local 117 Rock Island Rock Island CBA-2013-6196 Rev. 3 9/21/2016 United Government Security Officers of America Local 150

DJM-17-A32-R-0001 - A001 Attachment 1(A) FY2017 CBAs Central Illinois (Revised Coverpage)

Collective Bargaining Agreement Between

American Paragon Protective Services, LLC and

United Government Security Officers of America, International Union .

And

United Government Security Officers of America Local 112

October 01, 2014 through September 30, 2017

PREAMBLE

THIS AGREEMENT is made and entered into, October 01,2014 by and between American Paragon Protective Services, LLC., a corporation, hereinafter referred to as the "Employer" or "Company," United Government Security of America, International Union, and United Government Security Officers of America, Local 112 , hereinafter referred to as the "Union" or "Employee".

MISSION STATEMENT

COURT SECURITY OFFICER

• Ensure the safety of US Federal Courts and court employees against unauthorized, illegal and potentially life-threatening activities in the Seventh Judicial Circuit.

• 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 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 PROVISION'S

SECTION 1.1 BARGAINING UNIT

A. This agreement is entered between American Paragon Protective Services, LLC. United Government Security Officers of America, International Union, and United Government Security Officers of America Local #112 (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.

B. The unit is defined as all full-time and shared position Federal Court Security Officers (CSOs) and

Lead Federal Court Security Officers (LCSOs) employed by the Company in the Seventh Circuit consisting of UGSOA Local 112, in the cities of Springfield and Urbana, in the State of Illinois;

excluding all other employees including office clerical employees and professional employees as

C. This agreement shall be binding upon the 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.

D. Should there be any conflict between the American Paragon Protective Services Policies and

Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will supersede. Should there be any conflict between the Contract between American Paragon Protective Services and the Government, and the Collective Bargaining Agreement, the Contract between American Paragon Protective Services and the Government will supersede.

SECTION 1.2 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.

SECTION 1.3 STEWARD SYSTEMS

A. The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize the maximum of one Steward and one alternate Steward for each shift. Within ten (I0) business days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within two (2) business days of such change becoming effective.

B. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (I) representation of employees in disciplinary interviews consistent with this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's

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Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company's Project Manager.

Stewards or other employees, who conduct Union business on working time, may be subject to discipline for dereliction of duty; provided that it is expressly agreed and understood between the Parties that the Company may schedule disciplinary interviews consistent with this Agreement during working time.

C. Neither Union officials nor employees shall, during the working time of any employees participating, 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 to the extent such work time activity is specifically allowed by the Company.

D. The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees' employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the United States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures and restrictions. The Union further agrees that any actions taken by the Company pursuant to a requirement of the USMS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that USMS or other agency of the United States requires the Company to take immediately may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition or employment, the Company agrees to notify and discuss with the Union the effects of that action.

SECTION 1.4 MANAGERS AND SALARIED PERSONNEL

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

SECTION 1.5 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:

1) Become a member of the Union and remain a member in good standing.

Or

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2) Pay the Union a service fee or Certify as a Beck Objector pursuant to Communications Workers

v. Beck 487-U.S. 735 (1988). 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.

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 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, and if such fee and/or dues are tendered within fourteen (14) 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 reasons will be given in writing. 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. All employees regularly employed at any federal enclave who are not members of the Union shall pay the Union a service fee. 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.

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 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.

SECTION 1.6 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.

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B. The Company will remit all such deductions to the Union designee by the 7th day of the month following the month in which the deduction(s) was (were) made. The Union agrees to furnish the Company with the current routing number for direct deposit. The Company shall furnish the Union designee 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 assume 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 1.7 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.

SECTION 1.8 ANTI-DISCRIMINATION

Neither the Company nor the Union will discriminate against any Employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, disability 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.

ARTICLE 2

UNION SENIORITY

SECTION 2.1 UNION SENIORITY DEFINED

A. Union seniority shall be the length of continuous service, within the Local, from the Employee's first day worked as a CSO or LCSO for the Employer, past or present and/or any predecessor Employer.

Union seniority shall not accrue until the Employee has successfully completed the probationary period. Union seniority shall be applicable in determining the order of layoff and recall, shift bidding, vacation schedules, extra work, transfers within the Local, and other matters as provided for in this Agreement.

B. For the purposes of shift bidding, vacation schedules and extra work, union seniority shall be defined as seniority within the work site.

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C. Any Employee permanently transferred out of the designated Local Bargaining Unit for any reason shall lose their Union seniority as it applies to the order of layoff and recall, shift bidding, vacation schedules, extra work, and other matters as provided for in this Agreement.

SECTION 2.2 SENIORITY LISTS

The Company shall provide an employee list (last date of hire as a CSO), to the Local Union each year on October 1. The Union will respond, within thirty (30) days, with a "Union Seniority" list to the Company.

This list shall be posted on all Union bulletin boards. Any challenges to this list will need to be submitted in writing with supp011ing documentation if available.

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.

SECTION 2.4 TRANSFER OUT OF UNIT

Any Bargaining Unit Employee who is promoted to a non-bargaining unit position for more than twelve

(12) consecutive months shall lose their Union seniority. If they return to the bargaining unit at a later date their seniority will start on that return date.

SECTION 2.5 PROBATIONARY EMPLOYEES

Probationary Employees will be considered probationary for a ninety (90) calendar day period after their hire date as a CSO. 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 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 one hundred eighty (180) calendar days, or after two (2) years of continues service if the employee is laid off for a continues period of three hundred and sixty five (365) days;

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

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t) the Employee is permanently transferred out of the bargaining unit.

g) If a CSO is terminated due to the physical exam and is later reinstated, he/she shall retain their original seniority.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

If a vacancy occurs in a regular position covered by this Agreement or a new position is added, the job will be posted for a period of three (3) working days (excluding Saturdays, Sundays and holidays) within the Local. All shared position Employees who have notified the Site Supervisor, in writing of their intent to apply for a Full-Time position and who are not scheduled to work during that three (3) day period at the site where an opening occurs, and any Employees on vacation or on other approved leave will be notified by the Company. 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. No more than two (2) shifts will be filled under this procedure as a result of that vacancy.

SECTION 3.2 SHARED POSITION EMPLOYEES

The Company is obligated under its contract with the USMS, to fill a designated number of shared positions in order to provide full staffing level coverage, increase security levels as needed and avoid unnecessary overtime. A shared position Employee may be scheduled to work more than a part time schedule, as necessary, at the Company's discretion. The Company will give the shared position Employee the maximum possible notice for weekly work schedule changes.

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, the company may solicit volunteers, then employees with the least amount of seniority regardless of status, which could result in a change of status if a senior member is a share timer and this provision forces the layoff of a full time member. Recall of Employees will be accomplished by recalling the most senior member affected by the layoff, with the option to defer while other members are still affected by the layoff, if the senior member defers, the company will offer the recall to the next senior member affected and so on until all members are recalled.

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 until the job is filled in accordance with Articles 2 and 3, or assign an Employee to a position that is part of 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. To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so

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SECTION 3.5 APPOINTMENT OF LEAD CSOs

The U.S. Government in its contract with the Company creates specific guidelines for the job duties and qualifications of Lead CSOs. Based on these guidelines, all appointments of Lead CSOs will be made on the basis of suitability as evaluated by the Company. Suitability shall include an Employee's skills, experience, past performance, capabilities, and the needs of the operation. If, in the Employer's determination, Employees are equally qualified, seniority will prevail. Lead CSOs will not perform supervisory duties, as described by the National Labor Relations Act.

ARTICLE 4

MANAGEMENT'S RETAINED RIGHTS

SECTION 4.1

The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company. The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set fo1th in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement te1ms and conditions of employment; determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment to be used in the Company's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including .

equipment for new operations; determine the number of hours per day or week that operations shall be carried on; establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof; determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

SECTION 4.2

The Company shall have the right at any time to establish, administrate or alter the practices or customs of break periods, and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary.

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SECTION 4.3

The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. This Section shall be interpreted in accordance with applicable federal and state law.

SECTION 4.4

The Company shall have the right to evaluate the work performance of the employees by this Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them. The Company shall have the right to transfer and/or reassign employees, regardless of seniority, in lieu of or in addition to disciplinary action for documented performance issues.

SECTION 4.5

No waiver. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

SECTION 4.6

The above rights of management are not inclusive of all manners or rights which belong to management.

Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.

SECTION 4.7

The Company shall not implement any changes to subjects identified as mandatory subjects of bargaining pursuant to the guidance of the National Labor Relations Act and its decisions.

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ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, or the challenge of any disciplinary action taken against a Union Employee.

SECTION 5.2 GENERAL PROVISIONS

A. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term "days" shall not include Saturdays, Sundays or holidays when used in this Article.

B. Should the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the patty who failed to comply with the time limits, excluding events beyond the parties' control, shall pay the full cost of the Arbitrator and the Meeting Room.

SECTION 5.3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures:

A. Informal Step -The parties shall make their best efforts to resolve any dispute on an informal basis.

Both the Company and the Union agree that the Employee will first discuss the complaint with their immediate supervisor (not in the bargaining unit), within eight (8) working days of the incident being grieved, to start the informal procedure. If the informal procedure is not invoked within eight 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 deems it desirable, a steward or other Union representative will be called in.

B. Step One – If the matter is not resolved informally, the Employee shall, not later than ten (10) days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee and the union representative, and shall be submitted to the Contract Manager or designee with a copy to the Company's Director of Human Resources. The Contract Manager or designee shall have ten (I0) 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.

C. Step Two – If the grievance is not settled in Step One, the grievance may be appealed in writing to the Company's Director of Human Resources or designee not later than ten (10) days from the denial by the Contract Manager or designee. The Director of Human Resources or designee will have ten (I0) 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.

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D. Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. The written grievance shall be presented to the Contract Manager through the Site Supervisor or designee within eighteen (18) days after the occurrence of the facts giving rise to the Grievance.

SECTION 5.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Union, giving the Company's Director of Human Resources written notice of its desire to proceed to arbitration not later than fifteen (15) days after rejection of the grievance in Step Two. 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 and limitations:

A. Selection of an Arbitrator - Within fifteen (15) days of receipt of the Union's written notice to proceed with arbitration, the Company and the Union will meet telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within fifteen (15) days, the parties fail 'to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Services (FMCS) to supply a list of arbitrators. An arbitrator will be selected from the list supplied by the FMCS by patties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

B. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date.

The decision of the arbitrator shall be final and binding upon the patties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the patties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. If the decision of the Arbitrator is not complied with within fifteen (15) days of the decision the losing side shall be liable for attorney and court costs to enforce compliance including through the courts, absent an order from the U.S. Marshals Service or unless the Company files a written request for clarification, then the Company will comply within fifteen (15) days of receiving the clarification.

C. Arbitration Expense - The arbitrator's fees and expenses, including the cost of a hearing room, shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

D. Time Limits - The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her.

SECTION 5.5 GROUP GRIEVANCE

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

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SECTION 5.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration.

ARTICLE 6

DISCIPLINE

SECTION 6.1

After completion of the probationary period, as specified in Section 2.5, no Employee shall be dismissed or suspended 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 Contract between the US Marshals Service and American Paragon Protective Services, LLC.

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 Section C of the Contract between the Company and the USMS, the Company 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.

SECTION 6.2

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S.

Government or Company standards as described in this Article. 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 progress discipline is not applicable. Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving the USMS rights under Section H-3 of the USMS Contract as referenced in Sections 5.1 and this Article. The Employee may request, in writing, to the Site Supervisor, that any disciplinary action not resulting in suspension may be considered for removal from the Employee's file after 2 months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

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SECTION 6.3

The Company agrees to notify the Union when an Employee is under investigation by either the USMS or the Company, within 24 hours of the beginning of the investigation or as soon as they become aware of the investigation. All investigation must be completed within thirty (30) working days. The Company shall provide the Union with the results of the investigation as soon as it is complete.

ARTICLE 7

HOURS OF WORK AND OVERTIME

SECTION 7.1 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 scheduled at the discretion of the Employer to fulfill the needs of the U.S. Government. Per the National Labor Relations Act, Section 8.A (5), changes in shifts must be negotiated with the Union prior to implementation of any such changes. Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week.

SECTION 7.2 OVERTIME

An overtime rate of time and one-half (I 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 worked in excess of forty (40) hours in a work week. .

SECTION 7.3 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 7.4 OVERTIME DISTRIBUTION

Overtime will be offered by Seniority (within the worksite) on a rotating basis. Overtime will be distributed as equitably and fairly as practicable among Employees.

SECTION 7.5 REST PERIODS

There shall be two (2) fifteen (15) minute paid rest periods and one (I) 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. 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.

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ARTICLE S

WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 CALL-IN PAY

An Employee called in to work 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 four (4) hours’ time. Call in is defined as anytime a CSO is required to report to duty for any business related function.

SECTION 8.2 SHIFT BIDDING, HOURS OF WORK, & SENIORITY

At the request of the Local, no more than once each year, full-time Employees and shared position Employees at each location, shall bid their shift schedules among designated full-time assignments or shared assignments in the order of seniority. Shift bidding may not lead to any change in status from full-time to shared time position or vice versa.

SECTION 8.3 WAGE SCHEDULE

The base rate of pay for Court Security Officers and Lead CSOs in all locations are described in Appendix A of this Agreement.

SECTION 8.4 PAYDAY

Payday for all hourly Employees will be by the close of normal business on the Friday in the week following the two (2) week pay period ending on Thursday, subject to change by mutual agreement. The Company has direct deposit available.

SECTION 8.5 UNDISPUTED ERROR

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 8.6 LEAD CSO RATES

Current and additional Lead CSOs added to the contract, 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.

SECTION 8.7 GOVERNMENT BUILDING CLOSURES

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 Court House or Government Building where his employees are assigned. In the event that a closing occurs, employees will be excused and may use personal leave, vacation leave or leave without pay.

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ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

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

New Year’s Day Veterans Day Christmas Day Thanksgiving Day Memorial Day

Independence Day Columbus Day Labor Day Martin Luther King Birthday Presidents Day

And, any day designated by the President of the United States as a permanent National holiday.

SECTION 9.2 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.

C. A shared position Employee who does not work on a holiday shall receive a proportion of the holiday benefit due full-time employees based on the number of hours each such employee worked in the workweek prior to the workweek in which the holiday occurs (in compliance with 29 CFR 4.l 76(a)(3)) ..

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 holiday pay as described above.

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 l0

VACATIONS

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES

Full-time Employees shall be entitled to annual vacation based on their continuous years of service (based on the Employee's anniversary date of employment as a CSO/LCSO) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

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Upon completion of one (1) year of service:

Upon completion of five (5) years of service:

Upon completion of ten (10) years of service:

Upon completion of fifteen (15) years of service:

Eighty (80) hours One-hundred and twenty (120) hours One-hundred and sixty (160) hours Two-hundred (200) hours

SECTION 10.2 ELIGIBLE SHARED POSITION EMPLOYEES

A. Eligible shared position Employees shall be entitled to pro-rated vacation per the schedule contained in Section 10.1, 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 fulltime benefit 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 SECTION 10.2, part A (per the Service Contract Act).

SECTION 10.3 SCHEDULING VACATIONS

A. Vacations, insofar as reasonably possible, shall be granted at the times most desired by the

Employee, after the Employee's anniversary date. Vacation bids shall be held once a year during the month of January. Requests made after January will then be on a first come first served basis.

B. During the month of January when vacation weeks are bid, vacation will be bid in increments of no more than two week increments for initial consideration. Each increment that is bid during the bidding will be done so that each person will get their most desirable request off as their first bid, and their second most desirable weeks off in the second bid, and so forth.

SECTION 10.4 PAY OPTIONS

Earned vacation pay may be requested at any time and will be paid in accordance with this agreement in the next pay cycle.

SECTION 10.5 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 Employee's anniversary date of employment) shall be paid to the Employee.

SECTION 10.6 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, and not to the additional month accrued in the new anniversary period).

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SECTION 10.7 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 (I) year. Employees will only be paid vacation benefits when they are working.

SECTION 10.8 VACATION INCREMENTS

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

ARTICLE 11

LEAVES OF ABSENCE

SECTION 11.1 LIMITATIONS

Personal 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. It is acknowledged by the Union that under USMS CSO contract, the Employer is not permitted to hire additional (reserve) or temporary Employees to provide work coverage during Employee absences. Unpaid leaves of absence may be taken only with written approval of the Employer, or in a case of verified personal emergency.

Any Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay. Note "unpaid status" does not include regular scheduled days off, vacation or personal leave.

SECTION 11.2 MEDICAL LEAVE

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

B. The Company agrees to honor the FMLA for all Employees, regardless of the number of employees in a fifty mile radius. The Company will not force Employees to use any available paid leave prior to taking a FMLA leave.

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.

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

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SECTION 11.3 MILITARY LEAVE

An Employee of the Company who is activated or drafted 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 11.4 UNION LEAVE

A Union President and one delegate will be granted an unpaid leave of absence for a maximum of seven days 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. More time will be granted upon mutual agreement

SECTION 11.5 PERSONAL/SICK LEAVE

EFFECTIVE October 1, 2014 and continuing

START DATE

RATE OF

PERSONAL/SICK

LEAVE ELIGIBLE

TO USE

Date Employee begins working on the contract, based on an October 1 contract start date.

FULL-TIME

SHARED

POSITION

October 1 - 31 80.00 hours 40.00 hours

November 1 - 30 73.34 hours 36.67 hours December 1 -31 66.67 hours 33.34 hours January 1 -31 60.00 hours 30.00 hours

February 1 -29 53.34 hours 26.67 hours March l - 31 46.67 hours 23.34 hours April 1 - 30 40.00 hours 20.00 hours May 1 -31 33.34 hours 16.67 hours

June 1 -30 26.67 hours 13.34 hours July 1 - 31 20.00 hours 10.00 hours

August 1 -31 13.34 hours 6.67 hours September 1 - 30 6.67 hours 3.34 hours

A. Each full-time Employee shall be eligible to use a maximum of ten (10) days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after the inception of the contract year will be eligible to use a prorated amount of personal leave, based on the above Personal/Sick Leave Table.

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B. Personal leave may be taken in not less than two (2) hour increments and shall be paid when taken by the Employee as approved in advance by the Site Supervisor or District Supervisor.

C. Shared position Employees will receive one-half the full time personal leave per full contract year worked. At the end of the contract year, any shared position Employee who was paid more than half the full-time hours (1040 hours) will receive additional prorated personal leave based on the number of hours the Employee was paid during that contract year.

D. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave will be paid to the Employee at the end of the contract year the first payroll period following October 1.

E. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of hours the Employee was paid during that contract year. If the Employee has used more personal leave than he/she earned based upon time paid on the contract, the amount of the overage will be deducted from the Employee's final paycheck.

F. Personal leave (and vacation) days may be used to cover absences caused by illness or emergency. Any

Employee who is unable to report to work because of sickness or an emergency must notify the Worksite at least two (2) hours prior to the beginning of his/her shift in order to be eligible for paid personal leave benefits. Proof of illness may be required.

SECTION 11.6 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. All requests for unpaid leaves of absence shall be submitted in writing to the Lead CSO, Site

Supervisor or Contract Manager at least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified…