Attachment 1(A) - CIL PER Local 117 CBA.pdf

Collective Bargaining Agreement Between

ERIS Security, Inc.

and

United Governillent Security Officers of Aillerica, International Union and

United Government Security Officers of America Local 117

April 1,2011 through March 31,2014

PREAMBLE

THIS AGREEMENT is Illud~ and ~nter~d into. April 1.2011 b) and between ERIS Security. 1nc .• a corporation.

hereinafter referred to as the "Employer" or "Col11pan~ ," United Government Secllrity of America. International Union. and United Government Security Officers of America. Local 117 • hereinafter l'eferred t(,1 as the "Union" or "Employee".

MISSION STATEMENT

COURT SECURITY OFFICER

o EnSlin: th~ ~ati..'t~ l)1" l!S h.·d~ral C~Hlrt:\ and \':ollrll:lllplll~ CL'S agail1:\t lInalithoriz~d, ilh:g.HI <lIld p')h:ntiall~ lil'c-thrL'ah..'llillg. Hl:ti, iIic:-- illlhL' ~l'\l'nlh .Il1dil:ial Cirl.:uit.

cso Goul & Visioll

Gmll

To conduct oursdves in a manner as to bring. crcdilupon the Court Security Officer pwgram and the lJl1it~d States Mar~hal Sen iee at all times.

Vision

To he ale11 to all situations and events that take place and take necessary measures to prevent dangerolls situations from happening.

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ARTICLE 1

GENERAL PROVISION'S

SECTION 1.1 BARGAINING UNIT

A. This agreement is entered between ERIS Security, Inc .. United Government Security Ofticers of America.

Intel1latinnal Uni01l. and United Government SeclIl"ity Otlicers of America Local # 117 (hereinafter referred to as the Union). The Compnny recognizcs the Union as the sole and cxclusive bargaining rcpresenlntive for the purpose of colkctin: hargaining as dcfined in the National I.ahor Relations Act.

B. ·IIH.' unit i:-. ddined a~ HII !"ull-time and !\hared p\lsitinll relkrall'nurt Securil~ Onil:\.'r" (('SO,,) and I.ead I·L'<.k'ral <.. purl Sl'L'urit~ ()nil:er~ (I.CS( ),,) el1lpl\)~ \,:d b~ lhl..' l'oll1pan~ ill the ~e\ I..'nlh C in.:uil cOJlsisting Ilf lIGS( ),\ I.lH:al I 17. in the dl~ llr Peoria. in Ihl.' :-"wte \)1' III illnb: L'~duding all Illher emph.,) ee~ induding llnke derkall'J1lplll~ ecs and proi\:ssi,)Jlal emplll~ ees as dl'fined in the National I.ahor Rdatiuns Act.

C. This agreement shall he binding upon the partics. their Sl\CCeSSlW~ nnd assigns. In thl.' l.'\cnt of a sale or transler ()rtlle husiness nfthe employer. or any part thereof. the purchaser or transferee shall he bOllnd hy this agreement.

SECTION 1.2 NEGOTIATING COl\1I\lITTEE

The CUlJlpan~ agrees to recugnizc a NeglHiating CUllllllitll.'l.' CllIllPl)~l.'d of lip 10 lhrl.'e Illl.'mhl.'r~ and olle aitt'rnatc sdected b~ tht' Union to reprcsent the Employees in collective bargaining. negotiations.

SECTION 1.3 STEWARI> SYSTEMS

A. The Company agrees to recognize a steward system.

13. The Uniun ag.J't:c~ lhat the ~l\;!\\ard!) \\ ill \"ur~ Hllht'ir n:g.lIIHr.iuh~ ,Il all timc!) c.\.~epl \\ h~nlht:~ arc n.:lic\cd lu attend to ~II thc business ofthc Uric\ nncc Procedure as outlincd in this Agreemellt. Aggrien:d employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working hours.

C. Irlht' Emplll)t'e rcqut'sts. the Cll\llpan~ \\ ill call for u Unillil Represelltuti\,l.' prior to an~' di~ciplinar~ Clction taken. whether it be written or verbal. The supervisor. at the request of the Employee. \\ill release the Union Rcprescntati\c us soon as possible.

SECTION 1.4 MANAGERS AND SALAIUED PERSONNEL

Managerial and salaried Employees shall not pertorm the duties of the Employees in the hargaining unit. except in an emergency.

SECTION 1.5 UNION SECURITY

A. An Employee \\'ho is a memher of the Union at the time this A~rreement becomes etl"ective 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.

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B. An Employee \\ho is not a lllemh~r of this Union at the timc that this Agreement becomes cl1cctive shall.

within ten (10) days after the 30th day following the eftective date ofthis Agreement or datc of hire. either:

I) Become a Illemb~r of the Union and remain a member in good standing.

Or

2) Pay the Union a service fee. The amount of this service fee shall b~ equal to that paid hy regular Union members to include regular and lIsual initintion ices. The scn'ice fee \\ ill not include am' assessments.

special or other\\ ise. Such payments shall commence {)Il the 30th day after the dmc or hirc.

El1lplll~ ~'es \\ Ih) lIr~' 1II~'l11hers l)l". and adhl.:n: tll th(' l':-wbl ishl.'d and traliitinnallelk'b or a hona-lidl.' 1\.:li~ion. hl)d~. \)r ~ec:t. \\hieh h'h hi:-.tnril.'all~ h~'ld conscic:miou:-; \\l~k~·tion~ h)jnining \)r rlllallciall~ :o.uppl)rting 1.11)\))' l)J'ganizatil)lb. ~hall. in~h:ad l.)rthc: abl)\c. be allo\\cd 1l) Illa~c pa~mcllh in amounts equal to the agen~~ Il'l' required UhO\e.lp illa:\-l':\Clllpt l))'gani/Htioll (linder Sedioll 501 (~)(J) nflhe IRS (. 'ode). The Union shall hm e the right to charge an~ Elllplo~ ee ~.,ercisillg til is option. Ihe reasonable cost of using the arbitnttioll procedure of th is Agreel1l~nt on the Emplo) ce's indi\ idllul behalf. FlIIlher. an) Emplo~ ee who exercises this option shaH t\\ ice n ) ear suhmit tn the Union proof that the charitable contrihutions ha\'e been made.

C. Beft)re any termination of emplo~ menl pursuant to this Sedion becomes eftccth e. the employce inn)" ed shalllirst be gh ell nUlke in \\ riting b~ the Union to pay the prescrihed initiation lee and/or delinquent dues.

If the cl1lplll~ ce fail:- h) I')(I~ the illit iation lee and/or ddilll]lIcllt ducs. and i r such ICl' andior duc!\ arc lCllckred \\ ithin ·H~ hours atier the employee receives this notification ii'om the Company. his/her dismissal under here shall not be J't:quired. If termination is administered under this provision. thc reasons ",ill be given in \\riting.

T erlllinatil)n \\ illllot occlIr if then: is an ongoing dispute het\\ een the effected cmployee and thc Unil))).

D. The ohligations set lorth in this AI1icle shall only be eftective to the extent permitted by controlling law. All employees regularly employed at an~ tederal enc1m e who are not members of the Union shall pay the Union H !)~I'\ ic~ tt:~, II' lh~ .. e i~ a kgHI chall~llge LO em) pn.)\ j!)i~lIl ufthb Article. lhe Elllpl~)) c.:r ma) !)lI!)pcnJ ib obligations under this At1ide l(lr the duration of the dispute attcr contcrring on the matter with the L'nion.

1:. I he Union. including its International. agrees to save und hold the Employer harmless from an) and all dailll~. ch':lil)Jls. ::o.uits. dmnClgl.'!'I. l))' cusb. including. an) attorne) s fecs incurred b) the Elllpll)~cr.lln accuulll of any matter relating to the terms of this Al1iclc. including. but not limited to any claims by any Employee(s) and compliance with the ',m.

SECTION 1.6 DliES 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 fi'om the Employee on a fOl1n provided by the Union. The Employee. upon written notice served upon the Company and thc Union. may revoke such authorization as provided in the Employee Check-Otf Authorization Card. It is understood that such deductions \Vm be made only so long as the Company may legal1y do so. The Company will be advised in writing. by the Union. as to the dollar amount of the Union membership dues.

B. The Company will remit all such deductions to the Union designee by the 7111 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 tor 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

UGSOA IU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 13 harmless fj'om any action or actions growing out of these deductions initiated by an Employee against the Compan)·. and asslIme full responsibility of the dispositions of the funds so deducted. once they are paid ovel' to the Union, Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violotion of this provision. pro\·iding such errors ore unintentional and corrected when brought to the Company's attention

SECTION 1.7 INTENT OF ]> ARTIES

The Union and the Company agree to \\·ork sincerely and" holehem1edly to the end thal the PI'O\ isions of this Agrcemcnt " ill be applied and interpreted t:lirl~, C(lI1SCiClllinllsl~. and in the best illlcrest or ~flicient secl\I'it~ nperalil1lls. The l Inion and th\..' COlllpan~ \\ ill put fnl1h their b~st enlH'I~ III causc the Bargaining llllit Llllpll)~e\..·~.

indi\ iduil"~ and cllilecti, l'I~. to perform alld rcnd\..'!" h"l~ "I and efficient \\or" ami St.')"\ in.'s 011 hehalf llf thc (\)l11l>al1."

and that IIl.'itlh . .'!" their r\..'prc:-.ent'lti\\..':- lIorth~ir ml'mhL'r~ \\ ill intimidatc. ClleJ"l:\..'. lll' disl.:rilllinclle ill all~ IlHIIIIlel' agaill~1 an~ pl.'r~on ill it:-. el1lpln~ b~ I'Ca:-'llllll(' hi~/hl.'r mcmbcrship and m:ti\ it~ lll' IllllHlll.'lllhership or lloll-i1cti\ it~ in tlh.:

l'nh.)Il.

SECTION 1.8 ANTI-DISCRIMINATION

Neither the Company nor the Unioll will discriminote ogaillst any Elllplnyee hecause of ract'. color. religion. sex. age.

national origin. Vietnam Ern Vctcrnns statlls. disahility or oth~r protected r~asoll. Th~ Company cmd the Union recognizc that the ohjccti\'c of pm\ iding equal cmployment opportunities for all people is consistent \\ ith Compall~ and Union phi losophy. and the parties agree hl \\ ork sincercl~ nnd \\ holcheartedl~ ll)\\ an.! the accolllplishment or this objecti\,,'

ARTICLE 2

UNION SENIORITY

SECTION 2.1 UNION SENIORITY DEFINED

/\, Union senil)J'ity shall he the length of continuolls sen·ice. within the Local. ti'ol11 the Employee's first day worked as a CSO or LCSO for the Employer. past or present and/or any predecessor Employer. Union "~niority shall not nccrue ulltil the Employee hrts successfully completed the prnhationnry period. Union seniority shall be applicable in determining the order of layoff and recall. shitt bidding. vClcation schedules.

e~tra \\\)I'k. transfers ,,·jthin th~ L\.)~nl. cUll! o(ht!r lluHtt!rs as pl'll\·id~d lill' in this Agre~l11ellt.

£3, For the pUll)oses of shift bidding. \ acation schedules and extra" 01'''-. union seniorit) sholl be defined os sellinril) \\ ithin the \\()rk site.

C. Any Employee permanently transferred Ollt of the desig.nated Local Bargaining Unit for any reason shall lose their Union seniority as it applies to the order of layotf 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 thitty (30) days. with a "Union Seniority" list to the Company. This list shall be posted on all Union bulletin boards. Any challeng.es to this list will need to be submitted in writing with Suppolting documentation if available.

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SECTION 2.3 PERSONAL DATA

Employees shallllotity the Employer ill writing. on the company provided t(WIll. of their proper mailing. address and telephone numher or of any change of mtme. address. 01' telephone number. The Company shall be entitled to rely upon the last known address ill the Employer's official records.

SECTION 2.4 TRANSFER OllT OF llNIT

Any Bargaining Unit Ell1pl{"'y~\! \\ho is pronwted to a non-hargaining unit position f()J" more than t\\ eln~ ( I:!)

cons~cllti\ e \\ l'l'!..s shall Ins~ Illl.'ir llnion :-l·lliorit~. If the~ return to the hargaining unit at a latl'r date thl'ir seni(lrit~ \\ ill SWrl l)Jl that I'l'llirn dall'.

SECTION 25 PROBATIONARY EMPLOYEES

Probationar) Emplo) l'es \\ ill he c(\nsider~d prob\ttionm) It.lr n ninety (C)O) calt'ndar dny pcriml alter thl.'ir hire dah.'.

The Union \\ill still represent Probational') Employees for problems concerning \\ages. hours and \\orking conditions. hut the Company resen es the right to decide questions relating to transfers. slIspensions. discipline.

layotfs. or discharge of Prohationary Ell1plo~ ees without recourse to the grie\'ance procedure contained in this Agrcemcnt.

Probationar~ Employces do not h:l\ e seniority until till: ~l'll1pll.'tion of the probatinl\ar~ period. at \\ hich time seniority dall's hac!.. h.l thl' date or hire. The Probi.lti\.l\,ar~ pl'ri{,d CCIII hl' t!~lI:mkd b~ mutual agreel1l~llt bct\\cCIl the C\.\JI,pa\l~ and the Union.

SECTION 2.6 TER1\1INATION OF SENIORITY

The seniority of an Employee shall he terminated t()1' any of the following reasons:

H) thl:.' El1Ipk»ce quib 01' rc1irc~:

h) the Emp lo~ ec is discharged:

c) a settlement with the Employee has been made tor total disability. or for any other reason if the settlement

"·(lives further employment rights with the Empl0yer:

d) the l-.mployee is laid off lor a continuolls period of one hundred eighty II HO) calendar days:

e) the U.S. Government revokes the Employee's cr~dl.'ntials as a (,SO:

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

g) If a CSO is tCJ'lninatc.!d due to the ph) sical exam and is Intc.!r reinstated. hclshe shall retain their original s~lliorit) .

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. thejob will be posted tbr a period of three (3) working days (excluding Saturdays. Sundays and holidays) within the Local. All shared position Employees who have notified the Site Supervisol', 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

UGSOA lU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 15 trained (if required) to till any necessary special quali1ications for the new position. No more than t\\·o (2) shifts will be tilled 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 till a desig.nated number of shared positions in order to provide full staffing level coverugc. increase security levels as needed and avoid unnecessary ovel1ime. A shared position Emplo~ ee ma) be scheduled tn \\01''' morc than a part time schedule. as necessary. at the Company's discretion. Th~ Company \\ ill gi\'c the shnr~d position Employee the mnximum possible notice 101' weeki\' work schedule ehunges. .

SECTION 3.3 LA YOFF AND RECALL

III till' C\ elll l.lr la~ lIlY llr recall. \\ hen full-tillle or ~hared pll~itil}n~ arL' being redllc\.'d. pt\)hati,)nar~ El1lplll~ccs \\ ill he laid otl'fir:-il. SI1l1uld it he Ih.'<.:L'SSar~ to further reduce thl' \\or\... force. the compall) Illa~ snlicitc \olullteel's. thl.'1l eJ1lplo~ ces \\ itll th~ I~m;t amount ur :-;cniorit~ regardless ()r statlls. "hidt could result in n change of status if a seniol' member is a share timer und this prmisioll forces the layoff of u full time member. Recall of Employees \\ ill be accomplished by recalling the most senior member a1fected by the Inyotl". with the option to deter whill: other mcmhers are still affccted hy the layoff: if the senior memher defers. the company will offcr the recall to the nc\t sellior member affect~cI and so 011 until all members are recalled.

SECTION 3.4 TEIVIPORARY ASSIGNI\'IENTS

In the interest ofmnintaining continuous operations. the Employer may temporarily assign an Employee to a vacant or new position until the job is tilled in accordance with Articles 2 and 3. or assign nn Employee to n position thelt is pm1 of a tCl1lporar~ seclll'it~ Hssignmcnt dirccted b~ the lJSMS. including temporarily assigning an Employee to a \\ork site within or outside of the area detined hy this Agreement. To thc extent feasible the assignment shall bc a voluntary selection hased on seniority and qualitication. In the absence ofvoluntcers. assignments shall be made on n reverse seniority and qualitications basis. Employees so assigned will receive the higher of the bnse hourly wage availnbJe to Emp"J)e~s regularl) a!>!>igJl~J to the ~ilt: to \\ hidl th~) arc bcing. traJl!> (clTeu. ur their rt:gular Ih)lIrl) \\ age th~) r~c~i\ c at their reg.ular site under this agreement. whichever is greatcr.

SECTION 3.5 APPOINTMENT OF LEAD CSOs

The U.S. GoveJ'l1Il1~nt ill its contract ,\ith the COlllpall~ creates speci1ic glliddines t(H'lhejob duties and lILJalilicCltiulls of Lead CSOs. Based on these guidelines. all appointments of Lead CSOs will be made on the basis of suitability as ~\alllated b) the Company. Suitability shall includc an Employee's skills. experiencc. past p~rll)I"mance. capabilities.

and the needs of the operation. It: in thc Emplo) er's determination. Emplo) ccs arc equally qualified. seniority will prevail. Lead CSOs will not perform supervisory duties. as described hy the National Labor Relations Act.

ARTICLE 4

MANAGEMENT'S RETAINED RIGHTS

SECTION 4.1

Management of the business and direction of the security force are exclusively the right of management. These rights include the right to:

A. Hire:

B. Assign work:

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C. Promote. Demote:

D. Discharge. discipline. or suspend based on Article 6:

E. Require Employees to ohserve rcasonahlc Employer rules and regulations:

F. Detennine when l1vel1ime shall be \\orked:

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

SECTION 4.2

Manugement shnllnot implement nny changes to slll~iccts covered in the mandatory bargaining list us provided for in the NLRA Section 8(d).

SECTION 4.3

An~ righb. PO\\ crs or allthorit~ thc CnJl1pan~ had prior hl the signing if this Agn:emcnt arc n:taincd h~ thc Company.

C\ccpt thosc spccifkall~ ahridged or Illodifi~d h~ this Agreement and an~ supplementnl Agrccmcnts that IlHl~ hereafter b~ made. The Company's nlillln: to exercis~ any function r~sel'\ ed to it shall not h~ dcemcd n "(lin!r of any stich rights.

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement. a grievance shall mean a claimed violation. misinterpretation. or misapplication of HI1~ provision of this Agreement. or th~ challcngt: of an~ disciplinar~ action takcn against a Union Employee.

SECTION 5.2 GENERAL PROVISIONS

A. -I he tluJIlbl!r of Ja}~ llutlill,-!u ill Se~liull 5.3 inlh\: pn.I~I;!~~ing anu pr\!~l.:!lltaliull or gric'vall~c~ ~hall c!)lablbh the maximum time allowed for the presentation and processing of a gricyance. The term "days" shall not include Saturdays. Sundays or holidays when lIsed in this Article.

H. Should the Company. the Union. or the aggrieved employee lail to comply with the time limits as set torth in this Anicic. the Pall), \\ho Hliled to compl) ,,-illt the 1 illl~ limits. e\c!lIding e"ents be) ond the paJ1ie~· 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 follO\\-ing procedures:

A. Informal Step -The pmties shall make their best effol1s 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 statt 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 pal1ies 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 infonnal discussion with the immediate supervisor, set forth the facts in writing. specifying the Article and

UGSOA IU, UGSOA local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 17 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 ( 10) days fl'OIll the date the grievancc 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 desiQnee not later than ten ( 10) days fi'OJl1 the denial bv the Contract Manager or designee. The Director of J-1~llnan Resources or designce ~\'ill hc\\'c ten ( I 0) da~'s ti'om the date the grievance was presented tn return a decision. in \\ riling. with a COP)· to the aggrien~d Employee and the union n:presentathe.

D. GI'i('YUnCl' fur Discipline - AIl~ g.rin am:1.' il1\ lll\ ing di:--charge or nth ... ·! di .... l·iplilll.' ll1a~ hI.' Cl)JllIlH.'IlCl'd .it

Slep ()Ill' llftllis pnlL'l'lltlr ... , Ih~ \\ rillell gri~\ allce shall bl' pr ... ·~~ntl,d Il\ till' l'lllllm~t f\lanager tlU\Hlgh thl' ~ill' Supcn hillr l)r de~ig.ll~e \\ ilh ill ~ighle:1.'1l ( I ~) dil~ :-- a n~r the: l)C~llITl'IlC~ ll( t hl.' f~l~b gi \ illg rise Il) till.' (jri~\ HIlI.:I.'.

SECTION SA ARBITRATION PROCEDlIRE

Grievances processed in accordance with the requirements of Section 5.3 that remain ullsettied may be processed to arbitration by the Union, gi\ing the Company's Director of Human Resources \\ ritten notice ofits desire to proceed to arbitration not later thelll lifteen ( 15) days after r~iection of the grievance in Step Two. Grievances which have been pn)c~ss('d in (lccordance \\ ith thl..' n:quin.:ments of Section 5.3 \\ hich remain Ullsett led shall he processed in accordance \\ ith th\! rollO\\ iug procedures and limitations:

A. Selection of an Arhitrutor - Within ti1ieen ( 15) days of receipt of the Union's \'.Tinen notice to proceed \\ ith arhitration, the Company and the Union \\ ill meet tdephonicall) to jointl) attempt to agree upon the sdection of a neutml arhitratlll'. It: \\ ithin fifteen ( 15) day!'!. the parties l~lillO ngr\!t! lIpon the selection of an arbitrator, the Union \\ ill request the Federal Mebiation and Consilation SCI'vices (FMCS) to supply a list of arbitrators.

An arbitrato)" will he selectcd from the list supplied by the FMCS hy pat1ies alternately striking fi'om the list until one ( I ) name remAins. and this individual shall be the arhitrator to hear the grievance.

B. Decision of the Arbitratm' - The nrbilrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be 1inal and binding upon the parties to the Agreement. Any decision shall be c0Jl1plied with. without undue delay after the deci~ion is rendcl'ed. It is 1I1lderst0od and agreed hetween the parties that the arbitrator shall have no power to add to. subtract hom. or l1l<ldity any of the terlllS of this Agreement. If the decision of the ArhitrallH' is not complied v"ith \\ithilllitlccn (15) da~!'Illfthe dcci:,ion the losing side shall bc liable for attorney and cOlll1 costs to enforce compl iance includi ng through the COllt1S.

absent an order il'om the U.S. Marshals Service or unlcss the Company liIcs n \\ riuen requcst for c1nrification.

thcn the Compan) \\ ill cl)mpl) \\ ithin fifteen ( 15) da) s of recei\ ing the clarification.

C. Arbita'ation Expense - The arbitrator's fees and expenses. including the cost of any hearing room. shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible f()f its own expenses and compensation incurred bringing any of its witnesses or other pal1icipants to the arbitration.

Any other expenses. including transcript costs. shall be borne by the party incun'ing sllch 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 tile a group grievance 01' 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 individuaillul) move a grievance to arbitration, ARTICLE 6

()ISCIPLINE

SECTION 6.1

i\ Ih:1' eompklinll nfthe pl'l)hatiollar~ pl'l'iod. as sp~eified in Sl'Cli(ln 2.5. Itt) Elllpln~ ~~ shall he di:-;ll1jss~d 01' slIspl..'llded "ithnlltjust eml~l', .lust cmls~ shall inl:lu(il' all) actioll lll' llrd~r llf n:mlH al or all ~mplo~ e~ ti'nm "oiling 1IlH,h:r the Clll1traet b~ till' U.S. (jo\ertlmelll. l)J' r~\I.)catil)Jll)fn:qllired CSO creckntials h~ the L1SI\·IS under lh~ I'ellll)\al or Contrador I..'l1lpl(l~ee prlH isioll in Sectioll J-I-J fifth\., COlltract b~t\\een thl' liS I'vlarshals S~J'\ ie~ and ERIS ScclIrit~.

Inc.

Any temporary or permanent remo\ al of nn employee hy detenninntion of the Government as described in Section H-J of the Contract shall not become permanent \\ ithout requisite notice to the employee and the 0PPol111nity provided for the employee to respond to the Go\ernment's action \\·ithil1 fifteen (IS) dnys of the determination. Upon \\ ritt~n r~qllest. the COll1pan~ \\ ill prm id~ th~ Un ion. ill a tjlllel~ Jllalln~1'. \\ itb all information concerning the reJllO\ al that th~~ ma~ leg.ally r~lease. and \\ ill pnwidc the Union \\ ith an~ rek\ ant information concerning the prop~r (jl)\ t'mlllt'llt point of cOlllact and their contact data. Th~ "Iinnl decision" on tht' ~mpll)~ ee'~ relllO\ al shedl hI.!

determined b) the G(lYemment. and the Employer shall be held harmless by the Union and the employee tc}r any further claims mad!.! after this final determination. This provision is not intended to limit or prohibit the rights of an~ party to s!.!ek rdief ii'om other pat1 ies.

The Company's contract with the U.S. Government sets out perJl)rmanCe standards for the CSOs in Section C of the Contract between the Company and the USMS. the Company and all Employees are required to compl) with these ~talldards. The~c pcrfortmlllce ~landan.ls. the USMS Deudl~ Force Stanuards allu the US Tillc 18 DlHHcstic Abusc and Violence policy \\ ill be issu~d to each Employce and must he signed. acknowledging rcceipt. by the Employee and may be updated by the Company each year. Employees agree to comply with any express non-disciplinalY directive issued hy the Go\'ernment.

SECTION 6.2

Thc Compan) ma) discipl inc [mployc~s \\ hcn neccssary and discharge those \\ ho fail to uphold U.S. Gl)\ crnmcnt or Com pall) standards as described ill this Alticle. It is recogniled b) parties to this Agreement that progressi\ c discipline generally shall he applied in dealing with Employees. However. it is also recognized that otlcnses may occllr 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 issucs involving the USMS rights under Section H-3 of the USMS Contract as referenced in Sections

5.1 and this Article. The Employee may reqllest~ 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 OCCUlTed and that no more than one violation of any type has occurred.

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.

UGSOA lU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 19

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 thc pllrposc:-; of this Artide. i:1 regular \Hlrk"cek offc.lJ1y (-W) hOllrs o1'\\ol'k. excluding. lunch periods. shall cOllstitllt~ () Ilormal fllll-timL' \\()rk\\L'~k fi.w rlill-tilll~' 1:Jl1pll)~~c~. Shifts slwll hI..' ,\1.:hL'dlllL·d at thl.' discn.,tiollllrth~· Llllplo~ l,'r tn 1"1I1tj 111h~' Ih.'\.'ds tlr the ll.S. (im el"l1l1ll'n1. PL'r the Niltitlllal I.al·hll' RelHt inn..; :\~t. Sect it)!) H.;\(5). l:hangL's in shitt:., must hl' llL'g\lti,ll~d \\ ilh thL' lillioll prit.lr to 11l111k:llll'IlI:11 i\'lll,r ,1Il~ .... lIl·1t ~II;III~I..·" N\lthing t.:lllltailll'd hl.'rl'in shall gllanlllh':l: ll) all~ Lll1pll'~I,;'l.! an~ Illlmbl,;'l" OrlhHlr~ llf\\llrk per da~ llr \\~L'k, SECTION 7.2 OVERTIME

An ovcl1ime nne of time and one-half{ I 112) of an Employee's base rate of pay (exelllsi\t~ of health and wdtltrc and other ti'inge additions to pay) shall be pnid ti.w all hours paid in excess offol1y HO} hOllrs in a \\ork \\Cl!k ..

SECTION 7.3 OVERTIME REQUIREMENT

I r din:t.:tl,;'c.! to \\ ork 0\ l:rtimc llr l.!.\.tnt hOllr~. and 1h~ st:nil)rit~ s~ ~\cm is nll1 i1l\oked dll~ to shorlncss of notit.:c III lhl.!

Company. the Employee shall be required to do the work. unless lht! Emplo~ t!e is excused hy the Company fi)!' good calise.

SECTION 7.4 OVERTll\1E DISTRIBUTION

OveJ1ime will be oil"crcd h~ Seniority (within the \\ orksite) on a rotating basis. Ovcrtime will be distributed as l.!lJuitabl) and laid) a~ pnH;li~able alllollg Em ph.» ~I,;'~, SECTION 7.5 REST PERIODS

There shall be two (2) fifteen ( 15) minute paid rest periods and one ( I ) thil1Y (30) minute unpaid lunch period for each dg.ht (8) hour shiH. These rest periods require thal the Employee be properl) rdieved before leel\·illg their post. Qlle rest period shall be in the tirst half of the shift and the second rcst period shall bc in the last half of the shift. On occasion. due to exceptional \\ork requircments. Employees may have to \\ork through their lInpaid lunch breaks and/or paid rest periods. Hnd. ifso. they \\ill be compensated at the appropriate rate ofpn~. Tht.: Company recognizes the requircment to mak~ its best etlorts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement.

ARTICLE 8

WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 CALL-IN PAY

An Employee called in to work will be guaranteed a III inimu11l of foul' (4) hours of work. or if fOllr (4) hours of work is not available. will be.paid for a minimum of four (4) hours time. Call in is detined as anytime a eso is required to report to duty for any business related function.

SECTION 8.2 SHIFT BIDDING, HOURS OF WORK, & SENIORITY

UGSOA lU, UGSOA local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 110

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

SECTION 8.3 WAGE SCHEDULE

The base rate ofpa) for Court Securit~ Officers and l.ead (,SOs in alllocntions are described in Appendix A of this Agreement.

SECTION H..t PAYDAY

Pa~ da~ It)l' all h"llrl~ bllpl\l~ l'l!:-, \\ ill bl' h~ lhl.: l'lo:--l! of Ihll'lllill bliSill~~~ PI! III\.., i\'IOlld:l~ I,llh)\\ ing lh~ 1\\ I' (2) \\ ~l'l\ pa~ pcril1d ~lldillg l)J) ~atllnt.I~. :->lIbjl'l:\ tll chang~ h~ Illullial agn.'l'lIl1.:nt. rill' l'l)lllpall~ ha!'l dir~~t d~p(.l:.--il H\ ailahlc, SECTION 8.5 lINDISPlITEI> ERROR

In case of an undisputed error on the pat1 of the company as to an Empln) eels 1',He of pay. proper ndjustment will be made in the next paychcck after th\! error has been broug.ht in wrincn form to the Company's attention. Any trror.

inVl)I\'ing eight (8) hours of pa~ or morc:. \\ ill he corrected nnd paid within three (3) working days.

SECTION 8.6 LEAD CSO RATES

Current and additional Lend CSOs added to the contract. will be paid the LCSO wage. In thc case where there nre Illultiplc LCSO \\ugts. the additional LCSO will be paid at the IO\\'est LCSO \\age for the site or ll)cation \\hert! they are nssigned.

SECTION 8.7 GOVERNMENT BUILDING CLOSlJRES

Th~ cl1lplll}~r I'cl:ug.lliLc~ the f~ll:l that there are tilHe~ \"h~n inclclIlent \\i~alhcr. a natural di!)a~lCr OJ' all) uther plulllleJ or unplanned C\'cnt mny close n Court House or Uo\,crnment Building where his employees arc assigned. In the c\ em that a closing occurs. employees will be excused and may lise personal leave. vacation leave or leave without pay.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

Whenever the tenn "holiday" is used. it shall mean:

New Years Day Veterans Day Christmas Day Thanksgiving Day Memorial Day

I ndependence Day Columbus Day Labor Day Mal1in Luther King Birthday Presidents Day

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

SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS

UGSOA lU, UGSOA local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 111

A. A full-t ime position Employce who is not required to \\'ork on {\ holiday shall be paid eight (8) hours straight time. exclusive of any shift premium for that holiday.

B. Any full-time position Employee \\'ho works as scheduled on {\ 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 \\'ho does not work on a holiday shall receivc a proportion of the holiday henetit due full-time employees based on the number of hours each sllch employee \\orked ill the ,,-orkweek prior to the \\ ork\\ eek in \\ hich the holida~ occurs (in compliance \\ ith 29 CFR ~.176(a)(J » ..

D. ""~ !'-har~d rlll:'\itillll Ell1phl~ \.'~ \\ Iw \\ IH"hS ib :-c11\.'dult'd 1)1} a holidi\~ slmll n,:cl.'i, I.' thl.' Elllplo~ \.'~'s appn'priatl.' rah: (If pa~ rIll" i111 Ih)lIr:-. \\ l\l"~\.'ll. and ill addililHl shall recei, I.' hnlida~ pa~ i1~ lk~crihed Hb(l\ e.

E. In thc l'\l'nt that the lIolida~ 1:tlb on ,I \\cekend. rill' terlll "llOlida~" \\ill rdel'ln the da~ that the ll.S.

GO\ emment designates as the Hoi iday.

ARTICLE 10

VACATIONS

SECTION IO.t ELIGIBLE FlILL-TIME EMPLOYEES

Full-time Employees shnll be entitled to allnllal vacntioll based on their continllous years of service with the Employer (based on tht! Elllploye~': allnivcrsar) date of employment) at their individual hourly rate of pa) at the lime payment is made in accordance \\ ith the 1'0110\\ ing schedule:

Upon completion of one ( 1 ) )'ear of service:

Upon completion of fi\'C (5) years of service:

U plm clIm p I ~t illll 1I I' lell ( I 0) ) can, 0 r ~cl'\ ic~:

Upon completion of tilteen ( 15) yenrs of sen-ice:

eighty (SO) hours one-hundred nnd twenty ( 120) hours ollc-h 1I1ldrcd am! ~i:\'l~ ( 160) hl)llr~ two-hundred (:!OO) hours

SF.C'TION 10.2 ELIGIBLE SHARED POSITION EMPLOYEES

A. Eligible shared pl)sition Elllplo)ccs shall be cntitled to pro-rated \ aCRtilln per the schcdule containcd in Section 10.1. based on: their individual hourly rate. the number of hOlll'S paid in the previolls year. and the El11plo) ee's annh ersar) dntc. A minimum of one-hnlf the fulltime benefit for Employees who hnye been paid for at 1C'.lst 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 pal1 as a shared position Employee. shall receive prorated vacation benefits tor that year as calculated in SECTION

10.2. pa11 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.

UGSOA IU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 112

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 \-acatioJ1 pa~ may he requested at anytime and \\ ill he paid in accordance with this agreement in the next pa) cycle.

SECTION lU5l1NliSED VACATION

Vm:atiplb ~halllll\l h\.'I.:UllllllatiH: Ihll1l11lll.' ~car to the 11\.'\1. .. \Il~ earned but IIll1lsl.'d \ ,,,,'atillll tillll.' r\.'lllaining at tlK' l.'IH.lllf a } l.'ar llr :-.\.'1"\ i~e (ba:-.ed \')11 Elllplll~ CL''s allll i\ \.'r:-ar~ date l)f elllpll)~ ment) ~hall be paid tt) the Llllplo~ c\.'.

SECTION 10.6 TERl\lINA TING EMPLOYEES

Upon termination ofcillployment. Employees \\ill be paid at thcir individual hourly rate nlcntion time earned as of their last anlliversary date. but not used. as entitled hy the Service Contract Act. (Example: An Employee who tC!J'minatcs one month into the Ilext anni\'ersary year is entitled to any of the pre\ iOlls year's earned accrued vacation Ilot alread~ used. and Iwt h) the addilionallllonth accrued in the Ill.''' anl1i\ crsar~ period).

SECTION 10.7 VACATION - LAID OFF EiVIPLOYEES

Length of service \\ ith lhe Ell1pllly~r shall aceI'll\.! for the purposcs or vacation bell~t1ts while an Employee is on laid-off status fl))' lip to one (I) ~ ear. Employees \\ iII olll~ b~ paid \ acalillll henefits \\ hen thc~ arc \\olling.

SECTION 10.8 VACATION INCREMENTS

CUllsistent \\ ith Emplu)cr itPPflH al. cnidc.:n~). alld C\.:UIlUIII) ur operatiuns. Emplu) ~c~ Illel) lake thd .. \m.:aliun in segments of less than one ( I ) \\ cck each. but not less thnn 1c.mr ( ... ) hour increments.

ARTICLE 11

LEAVES OF ABSENCE

SECTION 11.1 LIl\1IT ATIONS

Personal leaves of ahsence 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 eftort to maintain an Employee's position while on a non-statutory unpaid leave of absence. It is acknowledged by the Union that under USMS eso 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 he taken only with written approval of the Employer. 01' 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 oft: vacation or personal leave.

SECTION 11.2 MEDICAL LEAVE

UGSOA IU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 113

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

B. Thc Compan) agrees to honor the FMLA for all Employees. regardless ofthc l1umber of employees in a fifty mile radius. The Company will 110t force Employees to lise any available paid leave prior to taking a FMLA leave.

C. During Illcdicnllea\'c. the Employee shall be required to furnish n report fi'om th~ doctor when requcsted peril)dicall) hy the Emplo) er. Upon the expiration or said leave. the Employee shall furnish the Employer \\ itll a !\tatellll~llt. signed h~ the dodor. \\ Ilich estahlishes th~ fitness of'thc Elllployc~ tn retlll'll to the EJ1\pl\l~ l.'l.''s prc\ inll:o.l~ hdd \\ llll.

I), I r" 1111..' I.\llpl(l~ l.·l' tik:-- Ill!, 1II~:dil:~1I k'~1\ I.: ~)Il labl' PI'I.'II.'\\ (II' \\ tlrk~ I'llI' alll)lill.:l' 1.·lllpl(l~ l'r "iIIH1III pr~:-<lutllllJ'i/"llill\l frnlll thl.: ClHllPill1~. thl' Llllplll~ l'C \\ ill hl' rl.:ll11H l·tI from thl' ('SO pf\lgralll <llld I'n IIll

~J1Ipll)~ 111\.:l1t \\ ith I:ll1plll~ er.

SECTION 11.3 l\1ILITARY LEAVE

An Employee of the Compan) who is acth Hted or drafted into any branch of the armed frll'ces of the United States under the provisions of the Selective Sen'ice Act or the Reserve Forces Act shall be granted an unpaid military leave ofahscnce .• IS required under the federalla\\. fi.)r thc timc spcnt in full-time acti\'e duty. The period nfslleh leu,'e shall bc determincd ill accordance" ith applicable tederal hms in effect at the time of such Ica\'e.

SECTION 11.4 UNION LEAVE

A Union President and one ddegate \\ ill be granted an unpaid lem e of absence 1l)f' a maximulll of se\ en da~ s upon written requcst tor the purpose ofattcnding Union comcntions or other mcetings of\'ital interest to the Union as long as starting requirements permit. More time will he granted upon mutual agreement between the Company and the Union.

SECTION 11.5 PERSONAL/SICK LEAVE

Current and Continuinf! throuf!h March 31. 2012

RATE OF

START DATE

PERSONAL/SICK

LEA VE ELIG I BLE TO

USE

Date Employee begins working on the contract, FULL-TIME SHARED POSITION based on an October 1 contract start date.

October 1 - 31 48 hours 24 hours November I - 30 44 hours 22 hours December 1 -31 40 hours 20 hours January 1 - 3 1 36 hours 18 hours Februai}' 1-29 32 hours 16 hours

March 1 - 31 28 hours 14 hours

UGSOA lU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 114

A. Each tull-time Enlployee shall be eligible to use a maximum of six (6) days personal leave at the beginning of each 12-1nonth Government contract year worked. Enlployees who begin enlployment after the inception of the contract year will be eligible to use a prorated anlount of persona1leave~ based on the above Personal/Sick Leave Table.

B. Personal leave nlay be taken in not less than two (2) hour increl11ents and shall be paid when taken by the Enlployee as approved in advance by the Site Supervisor or District Supervisor.

C. Shared position Ell1ployees will receive one-half the full time personal leave per full contract year worked. At th\! 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 CUlllulative ii'om year to year. Any unused. earned personal leave \vill be paid to the Employee at the end of the contract year.

E. Upon ternlination of enlployment. Employee ~ill be paid at their individual hourly rate for any unused~ earned personal leave. based upon the nUll1ber of hours the EUlployee was paid during that contract year. If the Elllployee has used more personal leave than he/she earned based upon thue paid on the contract. the amount of the overage will be deducted fi'om the Etnployee's tinal paycheck.

F. Personal leave (and vacation) days Inay be used to cover absences caused by illness. Any Elllployee who is unable to report to work because of sickness ll1USt notify the Elllployer at least two (2) hours prior to the beginning of hislher shift in order to be eligible for paid personal leave benetits. Proof of illness tnay be required.

G. Pursuant to the negotiated change in Personal/Sick leave allottnent as of April 1. 2012: there is the requirement of a onetime transition period. On or about April C 2012 there will be a requirement for a reconcile of the used compared to earned personal/sick leave (i.e. employees working as of October 1. 2011 and continuing in service through March 31. 20 I 2 will earn credit for 24 hours of leave as a full tilner and 12 hours ofJeave as a share timer. enlployees that use more than this accrual will need to reiInburse the Enlployer for the overage in the event of a contractor change or deduct from the new allotment in the event of the Employer continuation).

UGSOA lU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 115

EFFECTIVE April 1, 2012 and continuing

RATE OF

START DATE PERSONAL/SICK

LEA VE ELIGIBLE TO

USE

Date Employee begins working on the contract.

FULL-TIME SHARED POSITION hased on an A pri t 1 contract stal1 date.

April I - 30 80.00 houl's 40.00 hours Ma'" 1 - 31 73.34 hours 36.67 hours June I -30 66.67 hours 33.34 hours Jutv I - 31 60.00 hours 30.00 hours

August I - 3 I 53.34 hOlll'S 26.67 hours September 1 - 30 46.67 hours 23.34 hours

October 1 - 3 1 40.00 hOlll's 20.00 hours November I - 30 33.34 hours 16.67 hours December I - 31 26.67 houl's 13.34 hours Januarv I - 3 I 20.00 hours 10.00 hours FcbruuJ) I - 28 13.34 hours 6.67 hours

March I - 31 6.67 hours 3.34 hours

H. Each full-tinle Elllployee shall be eligible to use a maximum of ten (10) days personal leave at the beginning of each 12-11l0nth Govelnnlent contract year worked. Enlployees who begin enlploynlent after the inception of the contract year will be eligible to use a prorated alnount of personal leave. based on the above Personal/Sick Leave Table.

I. Personal leave lllay be taken in not less than two (2) hour inCrelllents and shall be paid when taken by the Enlployee as approved in advance by the Site Supervisor or District Supervisor.

J. Shared position Enlployees will receive one-half the full tillle personal leave per full contract year worked. At the end of the contract year. any shared position Employee who was paid lllore than half the full-tinlc hours (1040 hours) will receive additional prorated personal leave based on the number ofhow's the Eillployee was paid during that contract year.

K. Unused personal days shall not be cunlulative fronl year to year. Any unused~ earned personal leave will be paid to the Employee at the end of the contract year.

L. Upon tennination of employment. Employee will be paid at their individual hourly rate for any unused. earned personal leave. based upon the nUlnber of hours the Enlployee 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 tinal paycheck.

M. Personal leave (and vacation) days may be used to cover absences caused by illness. Any Enlployee who is unable to report to work because of sickness must notify the Employer at least

UGSOA IU, UGSOA local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 116 two (2) hours prior to the beginning of hislher shin in order to be eligible tbr paid personal leave benefits. Proof of illness may be required.

SECTION t 1.6 PROCESSING UNPAID LEAVES OF ABSENCE

The Employer will consider requests for unpaid leaves of absence and may g.rant them at its sole discretion. An unpaid leave of absence mllst be processed in the tollowing manner:

A. All requests for unpaid leaves of absence shall be subm itted in writing to the Lt!ad CSO. Site Supervisor or Contract Manag~r at least ten ( I 0) cal~lldar da~ s prior to the datc the Icn\'c \\ ill take effect. C\Cl'Pl in cases of \ eril'ied personal elllcrgl'lIdcs. and include:

I. The n:a:-.nJl~ fl)r slll:h Icm e:

"') The etl\!cti\e datcs nf stich lea\'e:

3. The estimatcd date of return to \\ ork.

The Company ",ill respond to the rt!quest within tive (5) working days.

B. The written request fl.)r leave ofahscllcc shall be submitted to the Contract Manager by the Site Supcrvisor for tinal approval. I f the request for thc Icavc of absence is appnwed b~ the Contract Manager. n copy of the approvcd leavc of absence will he gi\cn to the Employee ill\'oh·ed.

c. Exten~ions of tile h~an' of "hscllce may he grant~d at the !,\('1It! discretion of tht:' Emplo) er. upon \\ ritten requcst by the Employee within ten ( 10) calendar day~ prior to the t!xpiratioll of the leave of abscnce.

Extensions when granted shall not total more than thil1Y (30) days.

SECTION 11.7 GENERAL PROVISIONS

Seniority shall accumulate during the pcrind nfnny approved lem'e ofahsence subject tn the pr<wisiolls nfthis Agreement.

SECTION 11.8 JURY DUTY

The Company will comply \\-ith all State and Federal regulations regarding Employees' service for jury duty.

Employees will receive their regular rate of pay minus any pay received from the courts for lip to a total of the (5) days. but a consideration for additional days may be addressed on a case by case basis.

SECTION 11.9 BEREAVEMENT LEAVE

A. Ifit is nccessary tor an Employee to lose time from work because ofa death in the immediate family. whether the family member lives in or out of their local state. the Employec shall be entitled to up to five (5) days paid leave of absence per contract year at their straight-time rate of pay. Immediate family is defined to mean an Employee's spollse. father. mother. brother. sister. children (including legally adopted children. foster children and/or stepchildren). father-in-law. mother-in-law. grandparents. grandchildren. sister-in-law.

brother-in-law. daughter-in-law and son-ill-law.

B. The Employer may require proof of the death for which an Employee requests a paid leave.

ARTICLE 12

UGSOA lU, UGSOA Local 117 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 117

HEALTH. WELFARE AND UNIFORM ALLOWANCES

SECTION 12.1 PAYMENTS

For the lite of this Agreement. the Employer will make health and welfare…