Attachment 1(A) - CIL RI Local 150 CBJA.pdf

Collective Bargaining Agreement Between

ERIS Security, Inc.

and

United Government Security Officers of Alnerica, International Union and

United Government Security Officers of America Local 150

April 1,201] through March 31,2014

PREAMBLE

THIS AGREEMENT is made and entered into. April 1. 20 II by and between ERIS S~curity, Inc .. a corporation.

hercinaftet' referred to as the "Employer" or "Company." United Government Security of America. International Union. and United GOVel11l11ent Security Otlicers of America. Local 150 . hereinafter referred to as the "Union" or "Employee" .

MISSION STATEMENT

COURT SECURITY OFFICER

o Ensure thc safely of US Federal Courts and COUll emplnYl'cs against unauthori7clL ilh:g.al and pntclltiall~ lire-thr~atcning. acti\ ities in the SC\ cnth .ludicial Cin.:uit.

CSO Goal & VisioJl

Goal

To conduct ourselves in a manner as to bring credit upon the Court Secll1'it~ Officer program and the United States tv1arshal Ser"kt' at all t il11t's.

Vision

To be alclt to all situations und events that take place and take necessary measures to prevent dangerolls situations Ii'om happening.

UGSOA lU, UGSOA Local1S0 with ERIS Security, Inc" 04.01.2011-03.31.2014 Page 11

ARTICLE I

GENERAL PROVISION'S

SECTION I.l BARGAINING UNIT

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

lntemational Union. and United Government Security Officers of America Local #150 (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative t(,1J" the purposc of ~()lIccti\'\~ hargaining as defined in the Nationul Lahor Relations Act.

13. Tht' unit is delilH..'d ,b nil flill-tillll' and sharl'd pnsitillll Federal COlll't Sl'~lIrily Onicl'l's (('SUs) and Ll'ad h~'lkral Cllllrt Sl.'l.'lIrit~ ()Jril.'l·l'~ (LCS(h) l'l1lplo~ cd h~ the Clllllpan~ in th ... , S~\ cnth Cin':lIit l.:\lJlsi~ling of l!(iSOA Local 1.50. ill the cit~ or Rock blund. ill thc State llr Illinois: c~dllding (III other clllployec~ induding ol1ice dl'ricall'J1lplo~ t'cs and profcssil)nnl clllplo~ CC~ as ddincd in the National I.abor Relations Aet.

C. This agreement shall be binding upon the parties. their slIccessors and assigns. In the event of a sale or transfer of the business of the employer. or any part thercot: the purchaser or transteree shall he bound by this agreement.

SECTION 1.2 NEGOTIATING COMMITTEE

The Compan~ agrcl.!~ to rl.!cognizt: a N(!goliating ClllllJl1ill~c l'ompost'd or lip tn three Illcmbl:J's Hnd olle <tltemalc selected by the Union to represent the Employees in collective bargaining negotiations.

SECTION 1.3 STE\V ARD SYSTEMS

A. The Company agrees to recognize a steward system.

B. Thl: Union agrc~~ thallh(! sl(!\\;ards will '\ourk at thdr l'cgularjllbs at alllill1t:~ (!;\~t:pt whcn the) art: .. dic\cd to attend t('l all the husiness ()fthe Gricnlllcc Procedure as outlined in this Agrecment. Aggrie, ed employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working hours.

c. Irthe Employee requests. the Company ,,,ill call for a Union Representative prior to any disciplimu) action taken. whether it be written or verbal. The supervisor. at the request of the Employee. will release the Union Rcpl'l.!scntnth'c as soon as possible.

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 tor 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 who is 110t a member of this Union at the time that this Agreement becomes etlective shall.

within ten (l0) days after the 30th day following the effective date of this Agreement or date of hire. either:

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

01'

2) Pay the Union a service fee. The amount of this service fec shall be equal to that paid by regular Union I11cmbel's to include regular and usual initiation fces. The scrvic\! fee will not include any assessments.

special or otherwise. Such payments shall commcncc nn the 30th day after thc dat~ of hire.

Elllplo~ ces \\ Ill) an: mcmbcrs or. and ndherc to the ~stablishcd and tmditic.lIlnl lcn~ . .'t~ llf a bllll;J-lidc I't'iigipn. bnd~. or sect. \\ hid) ha~ hisloricall~ held cnnSCiclllil\lI~ l)b.kl:ti()I)~ tn joining or linanciall~ supporting lahor organLwtions. slwll. instead of the abo\ e. be alll)\\ cd tll Illakc pa~ ments in amounts cqual to the agcnc~ fcc required ahm e. to a tax-e:\clllpt organizminn (under Scctioll 501 (c)(3) ofthc IRS Cod~). The Union shall hme lh~ right to chnrge any Employee ~x~rcising this option. the reasonable enst of using the arbitration procedure of this Agt'e~tnent on the Emplll) ee's indiv idual behalf. FlIIther. any Employce who exercises this option shall twice a year submit to the Union proof that th(! charitable contributions have o(!en made.

C. Before an~ tcrmination nfclllployment pursuant to this Section becomes dr~cti\'e. the el1lplo~ee ill\olycd shall first be gh en notice in \\riting by the Union to pay the prescribed initiation tce and/or delinqucnt ducs.

I r the employ\!c rai Is tn pay the initiat ion tee and/or delinquent du~s. and if stich t't!e anlilor dues are tendered within 48 hours atter the employee receives this notitication ti'om th~ Company, his/her dismissal under here shall nol be required. Iftel1nination is administered ullderthis provision. the rcasons will be given in writing.

Terminath.11l will not occur if there is an ongoing dispute between the ~ftccted cmph.1)Ce and the Union.

D. The obligations set talth in this Article shall only be etlective to the extent permitted by controlling law. All employees regularly employed at any federal enclave who arc not members ofthc Union shall pay the Union a ~t:n. il.:~ It::~. If thert! is u h.!gal chullt!ugt! tu an) pruv i~juJ) ur thi~ A11ich:. lht! Elllplu~~r may SUSPt!UU it~ ohligations under this AI1icie for the duration of the dispute nner confclTing on the maner \\ ith the Union.

1::.. rhe Union. including its Intt!rnational. agrees to save and hold the Employer harml~ss ti'om an)' and all daims. action~. suits. danlClgcs. or costs. induding allY attonH.~) s tt::es illl.:urred by the Elllplo}er. on account of any matter relating to the tenns of this Article. including. but not limited to any claims by any Employce(s) and compliancc with thc law.

SECTION 1.6 DUES CHECKOFF

A. The Company agrees to deduct dues as designated by the Union on a monthly basis t.·om the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a torm 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 membel'ship dues.

B. The Company will remit all such deductions to the Union designee by the 71h day of the month following the month in which the deduction(s) was(were) made. The Union agrees to furnish the Company with the cun-ent 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

UGSOA lU, UGSOA Local 150 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 13 harmless ti'om any action or actions growing out of these deductiolls 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 Companis attention.

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agree to \\'ork sincerely and wholeheartedly to the end that the provisions of this Agreemcnt "ill hc applied nnd interpreted fairly. conscientiousl). and in the best interest of efficient security operatiolls. The lJninn and the C,)mpaJl~ "ill put forth their be~t efforts to callse the Bargaining Unit Employees.

indi, idllall~ and ~l\lkcth l'I~. tll pL'rltll'1l1 <lnd rl'nder lo~ al ,lIld cnicicnt \\ lH'''' and SL'J'\ i~es on behalf nfthL' Company.

and thilt Ill'ither their r~preselltnti\ t'S nor their members \\ ill inlim idatc. eo~r~e. or di:,crilllinatL' ill al1~ manncr agilin-.t aJl~ p~rson in its clllplo~ h~ reason of his/ht!r Illt!mbt!rship and aeti, il~ or non-mcmbership or nOIHh.:ti\ it~ in the Unioll.

SECTION 1.8 ANTI-DISCRIMINATION

Neither the Company nor the lInion will discriminate against any Employee becouse of race. color. religion. sex. age.

national origin. Vietnam Era Vcterang status. disability or other protected reason. The Company and the Union rt!cognize that the oqjecti\ e of pn.widing equal employmcnt opp0l1unitics for all people is consistent \\ ith Compuny and Union philosophy. and tile parties agree to \\or'" sincerdy and \\ holehcartcdly to\\ ard tht! accomplishment of this ol~it!eti \ e.

ARTICLE 2

UNION SENIORITY

SECTION 2.1 UNION SENIORITY DEFINED

/\. Union scniorit~ shall be the length of continuous sCI·\'ice. within the Local. frol111he 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 accl1le until the Employee has slIccessfully completed the probationary pet;od. Union seniority shall be applicable in detennining the order of layoff and recall. shin bidding. vacation schedules.

t!xtra \\'l)rk. transfers \\ ithin the Lucal. and oth\!r matters as pnwid\!d tll)' in this Agr\!\!m~Jlt.

B. For thc purposes of shift bidding~ \ ncation schedules and extra \\ork. union seniority shall be defined as scniority \\ ithin the work site.

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 eSO), 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 supporting documentation if available.

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SECTION 2.3 PERSONAL DATA

Employees shall notity the Employer in wtiting. 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 Rat'gaining lInit Employee \\'ho is promoted to a non-hargaining lInit position for more than t\\elve (12) cOllsc:clltin~ \\ccks shall lose their Union seniority. Irthe\ rchlrn to thc han.!.aining unit at a latcr delle their seniority \\ ill stnrt Oil that return dHtc

SECTION 2.5 PROBATIONARY EIVIPLOYEES

Prohntionar) Employees \\ ill be considered probationary II.)!" a Ilillet~ (90) cail.'ndar <in) period niler their hire date.

The Union \\ ill still represent Probatiollal) Employees tl)J" problems concerning \\ages. hours and working conditions. but the Company reserves the right to decide questions relating to transfers. slIspensions. discipline.

l(l~ olTs. or discharge of ProbatiolUu} Employees without recourse to the grievance procedure contained in this Agreement.

ProbatiolHlI") Employees do not han: seniority until the complelion of the prohationary period. at \\ hich timc seniority dates back to the date of hire. The Probatiollal") p~rilld can be extended b~ mutual agreement bct\\cen the Company and the Union.

SECTION 2.6 TERMINATION OF SENIORITY

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

(I) tht: Emplo)'ec quit::, or retire::,:

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 f1ll1her employment rights with the Employer:

d) the Employee is laid orf for a continuous period of one hundred eighty ( I MO) calendar days:

e) the U.S. Government revokes the Employee's credelltials as a eso:

f) the Employee is permanently transferred Ollt of the bargaining unit.

g) If a eso is terminated due to the physical exam and is later reinstated. he/she shall retaill their original sen iority.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

Ifa vacancy occurs in a regular position covered by this Agreement or a new position is added. thejob 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

UGSOA IU, UGSOA Local1S0 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page IS trained (if required) to till any necessary special qualitications for the new position. No more than two (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 vvith 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 ovel1ime. A shared positicl)l Employee may be scheduled to work more than a part time schedule. as necessary. at the Company's discretion. The Company will gi\ e the shared position Employee the maximum possible llotice for weekly work schcdule chHnges.

SECTION 3.3 LAYOFF ANI> RECALL

Il1lh~ c\ \.!nt llr la~ off ur rc\.!alJ. \\ hCIl full-timc or !:'>harcd positions arc being reduced. proba(h.lI1ar~ Elllph.l~ c\.!s \\ ill be laid off first. Should it bc necessary tn further reducc the \\ ork forcc. the \.!ol1lpnny Illay solicitc \ lliulltecrs. then cmplnyecs \\ ith thc Icnst mllount of seniority regnrdlcss of stntus. \\ hich could rcsult in n change of statlls if n scnior member is H share timer and this provision forces the layoff of a full time member. Recall of Employees will be accomplished by recal1illg the most senior member affected by the layoff: with the option to defer while other members are still affected by the layotl if the senior member defers. the compan), will oner 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 continuolls operations. the Employer may temporarily assign an Employee to a vacant or new position until the job is tilled in accordance with Al1icles 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 seniOl;ty and qualitication. In the absence ofvolullteel's. assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to Emplo)ce:, n.:gularl) assigned tu the site tu \\lhich the} an~ bdng lralblcrr~J. or their r~glliar huurl) \\'agt:: lht::) r~cd\>~ at their regular site under this agreement. whichcver is grenter.

SECTION 3.5 APPOINTMENT OF LEAD CSOs

The U.S. Govt!rtlment in its contract with the Company crt::alt::s specific guiddines f{lrthejob dutit::s and qualifications of Lead CSOs. Based on these guidelines. all appointments of Lead CSOs will be made on the basis of suitability as cynluated by the Company. Suitability shall include an Employee's skills. experience, past peJ'tormance~ capabilities.

and the needs ofthc opcration. Jt: in the Employcr's dctermination, Employces arc equally qualitied, 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

Management of the business and direction of the security force al'e 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 observe reasonable Employer rules and regulations:

F. Determine when overtime shall be worked:

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

SECTION 4.2

Management shall not implement any changes to sll~iects covered in the mandatol)' bargaining list as provided tor in the NLRA Section R(d).

SECTION ".3

Any rig.hts. PO\\ ers or authority the Company had prior to the signing if this Agreement un~ retained by the Company.

exc~pt those speciticall) abridged or modified by this Agreement find an~ slIpplementall\grecl11cnts that nHl) hercafter be IllHde. The Company's n,ilure to exercise any fUllction reserved to it shall not he deemed a waiver of any Stich rights.

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes llfthis Agreement. a grievance shall mean a claimed violation. misinterpretation. or misapplication of

an) prll\'ision nfthis Agreement. 4.1r the challenge orany disciplinary action taken against a Union Employee.

SECTION 5.2 GENERAL PROVISIONS

A. The 1ll1ll1bcr ur da}~ I..Hlllincu ill Scdioll 5.3 in the proct:ssing allli pn:st!lllaliull of grit:\-anct:~ shall c!)tabli~h the ma:\illllllll time allo\\ed for the presentation and processing of a grie\'ance. The term "days" shall not include Saturdays. Sundays or holidays when used in this Alticle.

B. Should the Company. the Union. or the aggrieved employee fail to comply with the time limits as set t«)rth in this Arliclt!. the pHl1)- who failt!d to comply \\'ith the time limits. excluding events beyond the pal1ies' c(.llltroL shall pay the full cost of the Al'bitrator 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 eff0l1s 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 st8l1 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 palties 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 infonnally, the Employee shall~ not later than ten ( 1 0) days after the informal discllssion with the immediate supervisor. set forth the facts in writing. specifying the AI1icie and

UGSOA lU, UGSOA LocallS0 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 17 paragraph aJlegedly 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 ( 1 0) days from the date the grievance was prescnted to return a decision in writing with a eopy 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 ii·om the denial by the Contract Manager or designee. The Director of Human Resources or designee will have ten (10) days from the date the grievance wus presented to return a decision. in writing. \\-ith a copy to the aggrieved Employee and th~ union representat in:.

D. G rienHlc(' for Dis('ipliut., ~ l\1l~ gri~\ an~~ ill\ 01\ iug disdwrge llr llther db~iplinc Illa~ he cnmlllcn~ed at St~p ()I1I.· \,fthis prnl.'l.'dlln.'. rill' \\ rillcll gric\ .1Ill.'l' shall bc presl!ntl!d tll tht' (·ontmet Mallag~r through the Sit~ SlIpcn b~)I" lH· (ksigll~l! \\ ithin l.'ightl.:cll ( I X) du~ s '1lkr thc Ol:l:lI1T~I1\';1.: nf the fU\,;lS gi\ ing risL' ttl thl.: Gril!\ (III\,;C.

SECTION 504 ARBITRATION PROCEDURE

Grievances processed in accordance with the requiremcnts of Section 5.3 that remain unscttled may be processed to arhitrCltion by the Union, giving the Company's Director of Human Resourccs \\ ritten noticc of its desire to proceed to arbitration not later than tilleen ( 15) days alter rejection of the grievance in Step Two. Grievances \\ hich have b~en pro~essl!d in a~xllrdan\,;e \\ ith the requircments or Section 5.3 \\ hich remain ullsettled shull be pro~~ss~d ill aC\,;l)rdanc~ \\ith the f()lIo\\ iug pro\,;~dures and limitations:

A. Selection of an Arbitrator - \\lithin titieen ( 15) days of receipt of the Union's written notice to proceed with arbitration. the Company and the Union will me~t telephonically to jointl) attempt to agl"ee upon the selection of' a nClitral arbitrator. It: \\ ithin fifteen ( 15) days, the parties fail to agree upon the selection of an arbitrator.

the Union will requcst the Federal Mebiation and Consilation Services (FMCS) to slipply a list of arbitrators.

An arbitrator will be selected from the list supplied by the FMCS by pal1ies alternately striking from the list until one (I) name remains. and this individual shall be the arbitrator to hear· the grievance"

H. Decision of the Arbitrator - The arbitrator shall commcnce the hearing at the earliest possible date. Thc decision of the arbitrator shall be tinal and binding upon the parties to the Agreement. Any decision shall be complied with. without undue delay after the decision is rendered. It is understood and agreed between the p~u1ies that the arbitrator shall have no power to add to. subtract ti·om. or modit), any of the tel1l1S of this Agreement. Ifth~ decisinn of the Arbitrator is not complied ",ith within tifieen (IS) days ufthe decision the losing side shall be liable for attorney and court costs to entorce compliance including through the courts.

absent an order ti·om the U.S. Marshals Scrvice or unless the Compan) tiles a 'Hitten requcst for clarification.

thcn th~ Company \\ ill compl) \\ ithin fiftccn (15) do)s ofrccching the claritication.

C. Arbitration Expense - The arbitrator's fees and expenses. including the cost of any hearing rool11. 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 pal1icipants to the arbitration.

Any other expenses. including transcript costs. shall be borne by the party incun·ing 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

A n~r cllmph:lil111 orthe pl'l)baliol1ar~ pl..'riod.,,~ :-p~ci1icd in Sl.'ctil)Jl 2.5. no r:mplo~ 1..'1..' ~hall hI..' dism is:o.l..'d or slispended \\ itlwut just cUlI:-.e . .Il1Sl calise shall illclude all~ actillil or order of n:I1H)\ aillf nn I..'lllploye~ from \\ ork iug under the contract b~ thl..' U.S. GO\ ernmenl. or r~\ ocation or requirl..'d CSO cn:dentiab b~ thl..' USMS umh:r the rellllH al (If (\)ntractor emplo~ 1..'1..' prlH'ision in Sl..'ctioll H-3 or thl..' Contract bet\\ Cell the US fv1arshab Sl..'lyice and [RIS Securit~.

Inc.

Any temporary or permanent removal of an employee by determination of the Governmcnt as described in Section H~3 of the Contract shalillot become permanent without requisite notice to the employee and the opportunity provided tl)J' the employee to respond to the Government's action within Jitteen (15) days ofthe determination. Upon "rittell request. the Compan~ "i II pnwidc the Union. in a timely manner. \\ ith all inH,)rmation concerning thc relllo\ al that tht!)' ma~ legally rl..'lcase. and" ill provide thc Union \\ ith an~ relcvant information concerning the proper (jo\\~rnmt!1lt point of contact and their contnct data. Tht! "tinal dt!cisilln" 011 tht! elllplo~ t!t!'s rCIllO\ al shClIl be determined by the Government. and the Employer shall be held harmless by the Union and the employee 1(,)(' any flilther claims made after this tinal determination. This provision is 110t intended to lim it or prohibit the rights of any par1) to st!ck rdief1hllll other parties.

The Company's contract with the U.S. Government sets out pertonnance 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 ~laIJ(JCln.b. The!>\.: performanct: !>landan.b. lht! USMS Deadl) Fllrcc Standard!> and tht: US Tille 18 Dllllle~lic Abll~t: and Violcnce polic~' will be issued to each Employee nnd must be signed. acknowledging receipt. by the Employce lInd Illay be updated by the Company each year. Employees agree to comply with any express non-disciplinary directive issued hy the Government.

SECTION 6.2

Thc Compan) ma) disciplinc Employees when ncccssary and discharge those \\ho fail to uphold U.S. Go\'crnment or Company stundards as describ~d in this Al1iclc. It is recognized by pm1ics to this Agreement that progressh'c discipline generally shall be applied in dealing with Employee$. 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 orthe 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 tile after 2 months. provided that no violations of the same type have occurred and that no more than one violation of any type has occlllTed.

SECTION 6.3

The Company agrees to noti(y 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.

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All investigation mllst be completed within thirty (30) working days, The Company shall provide the Union with the results ofthc 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" ork\\eek of t(lI1) (40) hours of work. excluding lunch periods. shall constitutc a nnnnal full-timc \\llrk\\~ck for full-time Employees. Shins shall be :-dll'tlukd at the discretion of the Elllplo~ er to flillillthl.: needs or thl' l l.S. (ill\ ernmenl. Per the National Labor Ih'latil'llls t\~t. Sl'~t ion 8.1\(5). changes ill shifts must hl.: 1H:.'gntialcd \\ ith Iht.' llni(lll prior tn illlpk'llll'llltltioll of an~ ~lIi.:h \':h:lIl~l''''' Nothing ~ontaim,'d herein shall gliantIH\.'c to all) ElIlplo~ cc an~ Illllllhcr or hOlll's of \\ ork pCI' da~ or \\ \.·c".

SECTION 7.2 OVERTIJ\.1E

An ovel1ime ratc oftimc and one-half (I 1/1) of an Employee's base rate of pa)' (exclush·e of health and wcltarc and other ti'inge 'additions to pay) shall be paid for all hOlil's paid in excess ofrorty (40) hOllrs in a work week. , SECTION 7.3 OVERTIl\1E REQUIREMENT

If directed tll \\ ork o\'ertime or e~tra hours. and the senillrit~ system is lint il1\ llkcd due (0 shortness or notice tll the Company. the Employee shall be required to do the work. unless the Employee is excused by the Company tor good cause.

SECTION 7.4 OVERTIME DISTRIBUTION

Ovel1imc will be offered b: Seniority (within the worksite) on a rotating basis. Ovcrtime will he distrihuted as t:4uilabl) auo fair!) a~ pral;ticablc alllong Elllpl~)t:t:~.

SECTION 7.5 REST PERIODS

There shall be t\\O (2) fifteen (15) minute paid rest periods and one (I) thiJ1y (30) minute unpaid lunch period for each eight (8) hOllr shitL These rest peril)ds require that the Employet! be pwperly relieved bet()re leaving their post. One rest period shall he in the tirst half of the shift and the second I'cst period shall be ill the last half of the shin. On occasion. duc to cxccptional \\ork rcquircments, Employccs may ha\'c to work through thcir unpaid lunch breaks and/or paid rcst periods. and. if so. they \\ ill be compensated at the appropriate rate of pay. The Company rccognizes the requirement to make its best eftol1s 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 minimum of four (4) hours of work. or if tour (4) hours of work is not available, will be paid for a minimum offour (4) hours time. Call in is defined as anytime a CSO is required to repol1 to duty for any business related tlmction.

SECTION 8.2 SHIFT BIDDING, HOURS OF WORK, & SENIORITY

UGSOA IU, UGSOA local 150 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 110

At the request orthe 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 Otlicers and Lead CSOs in all locations are described in Appendix A of this Agreement.

SECTION 804 PA YDA Y

Pa~ da~ Illl' all hnul'ly Lmplo~ ~~~ \\ ill hI.! b~ tll,-' dns~ PI' 11 0 rIl111 I hliSill~ss l)1l th~ ~'h)nda~ Ii.lllo\\ ing lh~ t\\ 0 (2) \\ ~~" IXI~ period cnding 011 Satllrda~. subjcct to l:hf.lllgc b~ Illutual agn.:~lllellt. The COJllPiln~ has direct deposit m tlilabl~.

SECTION 8.5 lINDISPl.ITED ERROR

In case of all undisputed error on the pat1 of the company as to an Employee's rate of pay. propel' adjustment will be made in the next paycheck after the error hns bcen brought in written fhl'lll 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 eso RATES

Current and additional Lead CSOs added to the contract. will be paid the LCSO wage. In thc case where there are multiple LCSO wages. the additional LCSO will be paid at the lowest LCSO wage for the site or location where the) are assigned.

SECTION 8.7 GOVERNMENT BUILDING CLOSURES

The elllplu)er re\:llglli.le:, the nl~llhal then.: are times \\hell illdclllent ,\cather. a 1H11urai ubasl~r 01' au) other plallllcu or unplanned cyent may close a Com1 House or Uo\crnment 1311ilding \\ here his cmployees arc nssig.ned. In the ('yenl that a closing occurs. employees will be excused and may use personal leave. vacation leave or lenve without pay.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

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

New Years Day Veterans Day Christmas Day Thanksgiving Day Memorial Day

Independence Day Columbus Day Labor Day Maltin 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

UGSOA IU, UGSOA LocaliS0 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 111

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 hoI iday pay at the straight time rate as described.

C. A shared position Employee who does not work on a holiday shall receive a prop0l1ion of the holiday benetit due full-time employees based on the number of hours each slich employee worked in the workweek prior to the \\orkweek in which the holida~ occurs (in compliance with 2<) CFR -t.176(a)(3») ...

D. t\1l~ shnn:d pnsitinll Emplo~ Cl' \\ Ill) \\ orhs as :-.chcdlllcd (lit it h(llida~ shall recci\ C thc EIllPI(l~ ec's appn'priatc rail' (\\" pa~ tt\\' all hours \\ orl,e<l. and in additinn ~hall recci, C holida~ pa~ a~ dL'scrihL'd abll\ l'.

E. In thL' C\ L'nt that the 1101 ida~ I~llls nil a \\ l'ckcnd. the term "hoi ida) .. \\ ill n:t\:r to thc da~ thnt the l'.S.

GO\ crllmcnt dcsignatcs as the Iiolida~.

ARTICLE 10

VACATIONS

SECTION 10.1 ELIGIBLE FULL-Tll\1E El\1PLOYEES

Full-time Employees shall be entitled to anllual vacation based on their continuo LIS years of service with the Employer (based 011 the Employec': anniversary date of employment) at their individual houri) rate of pay at the timc payment is made in accordance \\ ith the tc)lIowing schedule:

Upon completion of one ( I ) year of service:

Upon completion of five (5) years of ser\' ice:

ljpun \,;umpletioll llf len ( 10) ) ear!:J \.)1' ~en i\,;c:

Upon completion of tifteen ( 15) years of sc\'\'icc:

eig.hty (80) hours one-hundred and twenty ( ] 20) hours 1Ille-hUlHlrcu and !:JiM) (160) hour!:!

two-hundred (200) hOllrs

SECTION 10.2 ELIGIBLE SHARED POSITION EMPLOYEES

A. Eligible shared position Emplo:yees shall be entitled to pro-rated VHcat ion per the schedule contained ill Section 10.1. based on: their individual hourly rate. the number of hours paid in the previous yenr. and the Employee's anni\ ersnry date. A minimum of one-halfthc fulltime benefit for Employecs who ba,'c bcen (laid for at lcast 1040 hours in the previous yca ...

B. Any Employee who works a fuJI 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 aftel' January will then be on a first come first served basis.

UGSOA IU, UGSOA Local 150 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 f011h.

SECTION 10.4 PAY OPTIONS

Earned vacation pay may be requested at anytime and will be paid in accordance with this agreemcnt in the next pay cycle.

SECTION 1 U.S liN lISED V ACA TION

Vacalions shalllHlt be clIllllllali\ e.' li'om Oll~ ~ car 10 the m,'\l. I\n~ earned but 1I1H1~cd \ cH.:ati\llltimc remaining at the.' cud of a year or scn icc (ba~cd ou bllplo~ c~'s a1mi\crsary dalc or cmploymcllt) shall bc paid tn thc bllplo~ cc.

SECTION 10.6 TERMINATING EMPLOYEES

Upon termination of employment. Employees will be paid at their individual hourly rate vacation time eamed 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 Ilext anniversary year is entitled to any of the previous ~·ear's earned accrued vacation not already used. and not to thl: additional month accrll~d in the ne\\ annh ersaQ p~riod).

SECTION 10.7 VACATION - LAID OFF EJ\llPLOYEES

Length of sen:lce \\ ith the Employer shall accrue for the purposes of vacation benetits wh i Ic an Employee is 011 laid-off status t(')r up to one ( 1) year. Empk) ecs \\ ill only be paid \acation benefits \\ hen they are \\ orking, SECTION 10.8 VACATION INCREMENTS

Con:>istelll "ilh Emplu}er approval. emci~l1c). and eCUIlOJll) ur upcratiun~. Emplu}cc!) ma) tuke their 'vacation in segments of less than one ( I ) \\eek ench. hut not less than fOllr (4) hour increments.

ARTICLE 11

LEAVES OF ABSENCE

SECTION 11.1 LIl\lITATIONS

Personal leaves of absence for non-medical emergencies may he 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 effolt 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 temporal), 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 veri tied 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

UGSOA IU, UGSOA Local1S0 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 113

A. The Family and Medical Leave Act of J 993 (FMLA) is incorporated herein.

B. The Company agrees to honor the FM LA 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 ti'om the doctor when requested periodically by the Employer. Upon the expiration of said leave. the Employee shall furnish the Employer \\ ith a statement. signed by the doctor. \\ hich estahlishes the fitness o1'the El1lployrc to return to the Empln~ CI.:\ pre\ iOllsly held" orh..

D. Ifthl' LIllPll)~Cl' 1ik~ It)!' Illl.:dil.:al k'm ~ llil lidse pr~h:~l Ill' \\orks Illr atll)thcr L'lllplll~ l'r \\ ilhollt prL'-autilOrizatioll from thl.: I.:Olllpall~. the Employel.: \\ ill he rCIllO\ I.:d from the CSO program and fl'llill l'mpll)YIllCIlt \\ ith Emplo~ er.

SECTION 11.3 MILITARY LEAVE

An Employee of the Company wllo 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 Aet shall be granted an unpaid military leaye ofubsence. as required under thc fedemlln\\. for the time spent in full-time active duty. The period of sHch Ic", e shall be.: determined in accordance \\ ith applicable teelcral In\\ s in etlcct at the timc of sllch Ican!.

SECTION 11.4 UNION LEA VE

A Union President and one delegate \\ ill be granted nn unpaid leave of absence fbI' a maximum of seven days upon written request for the purpose ofattending Union conventions or other meetings of vital interest to the Union as long as stafting requirements permit. More time will be granted upon mutual agreement between the Company and the Union.

SECTION t 1.5 PERSONAL/SICK LEAVE

Cu.·rent and Continuin~ throu~h March 31. 2012

RATE OF

START DATE

PERSONAL/SICK

LEA VE ELIGIBLE 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 1 - 30 44 hours 22 hours December 1 -31 40 hours 20 hours January 1 - 31 36 hours 18 hours February 1 - 29 32 hours 16 hours March 1- 31 28 hOllrs 14 hours

UGSOA IU, UGSOA LocallS0 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 114

A. Each full-time Employee shall be eligible to use a maxiInum of six (6) days personal leave at the beginning of each 12-111onth Govermnent contract year worked. Employees who begin employnlent 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.

B. Personal leave nlay be taken in 110t less than two (2) hour increments and shall be paid when taken by the Enlployee as approved in advance by the Site Supervisor or District Supervisor.

c. Shared position Enlployees will receive one-half the fuJI 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-tiIlle hours (1040 hours) will receive additional prorated personal leave based on the nLlJl1ber of hours the Enlployee 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 Enlployee at the end of the contract year.

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

F. Personal leave (and vacation) days Inay be used to cover absences caused by illness. Any Enlployee who is unable to report to work because of sickness must notity the Elllployer 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 Inay be required.

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

UGSOA IU, UGSOA Local 150 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

LEAVE ELIGIBLE TO

USE

Date Employee begins working on the contracl FULL-TIME SHARED POSITION based on an Apri I I contract start date.

April 1-30 80.00 hours 40.00 hours Ma)' 1 - 31 73.34 hours 36.67 hours June 1 -30 66.67 hours 33.34 hours July 1 - 31 60.00 hours 30.00 hours

August I - 31 53.34 hours 26.67 hours September 1 - 30 46.67 hours 23.34 hours

October I - 3 1 40.00 hours 20.00 hours November 1 - 30 33.34 hours 16.67 hours Decembel' 1 - 3 1 26.67 hours 13.34 hours Januarv I - 3 1 20.00 hours 10.00 hours February 1 - 28 13.34 hOllrs 6.67 hOllrs

March I - 31 6.67 hours 3.34 hours

H. Each full-tiIne El11ployee shall be eligible to use a maxinlull1 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.

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

J. Shared position Employees will receive one-half the full tilne 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-thlle hours (1040 hours) will receive additional prorated personal leave based on the llwllber of how's the Enlployee was paid during that contract year.

K. 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.

L. Upon tennination 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.

M. Personal leave (and vacation) days Inay be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness n1ust notify the Enlployer at least

UGSOA lU, UGSOA Local 150 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 116 two (2) hours prior to the beginning of his/her shift in order to be eligible tor paid personal leave benetits. Proof of illness Inay be required.

SECTION 11.6 PROCESSING UNPAID LEAVES OF ABSENCE

The Employer will consider requests tor 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 eso. Site Supervisor or Contract Manager nt lenst tcn ( 10) calcndar days prior tn the date the lenn! \\ ill ta~t' effect. c:\ccpt in cases of \ eritit'd personal clllcrgt'ncic~. and include:

I. The reasons for slieh It,,,,~:

2. The effective dates of such IcC\\'c:

3. The estimated dHtc ofrcturIl to \\ork.

The Company will respond to the request within tive (5) working days.

B. The written request for leave nf absence shall be submined to the Contract Manager by the Site Supervisor for tinal approval. If the requcst for thc leave of absence is approved by the Contract Manager. a copy of the approv~d leave of absence \\ill be given to the Employee involved.

c. Extensions of the lea\'l~ of absence may he granted at the sole discretion of the El11plo~ er. upon \HittCIl rcquest hy the Employce \\ ithin ten ( 10) calendar days prior to the expiration of the leave of absence.

Extcnsions when granted shall not total 111 ore than thirty (30) days.

SECTION 11.7 GENERAL PROVISIONS

Seniority shrtll acclimulate during the period of any npproved leave of rtbsence sul~ject to the provisions of this Agreement.

SECTION 11.8 JURY DUTY

Thc Company will comply with all State and Federal regulations regarding Employees' servicc tl:'IJ" jury duty.

Employees \vill receive their regular rate of pay minus any pay received from the courts for lip to a total oftivc (5) days. but a consideration for additional days may he addressed OJl a case by case basis.

SECTION 11.9 BEREAVEMENT LEAVE

A. If it is necessary for an Employee to lose time from work because of a death in the immediate family~ whether the family member lives in or out of their local state~ the Employee shall be entitled to up to five (5) days paid leave of absence per contract year at their sn'aight-time rate of pay. 1 mmediate family is defined to mean an Employee's spouse. father~ mother. brother. sister. children (including legally adopted children. foster children and/or stepchildren), father-in-law. mothe.·-in-Iaw. grandparents. grandchildren, sister-in-law.

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

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

ARTICLE 12

UGSOA lU, UGSOA local 150 with ERIS SecuritYI Inc., 04.01.2011-03.31.2014 P age 117

HEALTH, WELFARE AND UNIFORM ALLOWANCES

SECTION 12.1 PAYMENTS

For the life of this Agreement. the Employer will make health and welfare payments to Employees on all hours paid lip to tOl1y (40) hOllrs per week. and lip to a total of 2080 hours per contract year. as described in Appendix A.

SECTION 12.2 OTHER BENEFITS

'I'll.: Elllplo~!:1' \\ ill orf!:r Elllplo~ .:.:~ the opportullity to pat1icipate ill other m ailahl~ Elllplll~ t!l! paid 1i·ing.c henefit pro~raills madl.: ,1\ ailabk tn all (,(lurl S\.·l.:urit~ Otlicl'r:-. Cmphl) L'LI h~ the COlllpan~. TIH!se pnlgrams Illa~ illdlld~ cal~t.:riil pIHIlS. p:l~ r~lll delilll.:lion pl:lI1s. I'ctil'\.'Ill':1l1 plan~. ill'lIralll.:l.: plans. -IOl(k) plall~. ;Illd an~ nth.:r plan 1ll':l1ti(lIlCd in Ihi~ Agr':L'l11cllt.

SECTION 12.3 VNIFORlVl1\1AINTENANCE

The Employer will pay the Employee an allowance for each hour worked. up to 40 hours per week. for uniform maintenance as described in Appendix A. A shoe allowance. as described in Appendix A ..