Attachment 1(A) - CIL Spg Urb Local 112 CBA.pdf

• 110

Collective Bargaining Agreement Between

ERIS Security, Inc4I and

United Government Security Officers of America, International Union and

United Government Security Officers of America Local 112

April!, 2011 thl·Ougb March 31,2014

PRE~'\1lJLE

THIS AGREEMENT is made and entered .into~ Aprill, 2011 by and between ERrS Security, Inc" a corporatiollt hereinafter l'efe.rled to as the IfEtnploYeJ,1I or "Company," United Gov~',nDlent Security of Americ~ International Union, and United Government Security Officer.s ·of America, Local 112 , hel'einafter referred to as me "Union" or "Employee", MISSJON STATEMENT

COURT SECURITY OFFICER

u EnsW"e the safety orus Fe~al Courts and court employees against unauthorized: illegal and potentially lif~threatening activities in the Seventh Judicial Citcuit.

• Cach'es of qualified and highly sldlled officers perform this mission, eso Goal & Vision

Goal

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

Vision

To be alel.1 to all situations and events that take place atld take necesS3ty measures to prevent dangerous situations from happening.

UGSOA lUI UGSOA Loc:a1112 with ERIS Security, Inc'l 04,Ol.2011-0~.31.2014 Pagell

ARTICLE 1

GENERAL PROVISION'S

SECTION 1.1·BARGAI1'I1NG UNIT

A. This agreement is entered between ERlS SecLulty, Inc.~ United Government Security Officers of America, International Union., and United Government Security Officers of America Local #112 (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

B. The unit is defined as all full-time and shared position Federal Courr Security Officers (eSOs) and Lead Federal Court Security Officers (LCSOs) employed by the Company in the Seventh Circuit consisting of UGSOA Local 112, in the cities of Springfield and Urbana, in the State of Illinois; excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

C. This agreement'shall be binding'l.lpon the parties, their successors and assigns, In the event of-a sale 01' transfer of the business of the employer, or any part thereot: the purchaser or transferee shall. be bound by this agreement.

SECTION 1.2 NECOTIA TING COMMITTEE

The Company agrees to l'ecogoize a Negotiating Committee composed of up to three members. and one alteroa.te selected by the Union to represent the Employees in collective bargaining negotiations.

SECTJON 1.3 STEWARD SYSTEMS

A. The Crunpany agrees 10 recognize a steward system.

B. The Union agrees that the stewards will work at their regular jobs at all tiInes except when they are relieved to attend to all the business of the Qrievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of C.ompallY Union business during scheduled working hours.

c. lfthe Employee requests, the·Company will call for n Unioll Representative prior to any disciplinmy action taken, whether it be written or verbal. The supet'Visot, at the request of the Employ~, will release the Union Representative as soon as possible.

SECTION 1.4 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried Employees shall not perform the duties ofth.e Employees in the bargaining unit) except ill an emergency.

SECTION 1~ UNION SECURITY

A. An Employee wh.o is a member oftbe Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent oftenderi1lg the ~mbersh.ip dues uniformly required as a condition of retaining membersbip in the Union.

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B. An Employee who is not a Inemb~ of this Union at the time that this Agreement becomes effective shalt within ten (10) days after the 30th (by following tht= effective date of this Agreement or date ofmre, either:

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

Or

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

EnlpJoyees who are members of, and adh~~ to the established mld traditional tenets of a bona-fide religion, body, or sect, which has historically held conscientious objections to joining or fmancially ~upporting labor organizations. shall, instead of the abo"e, be allowed to make payments in amounts equal to th~ agency fee required above. to a tax .. exempt Ol-ganization (undet Section 501 (c)(3) oCthe IRS Code). The Union shall have the right to charge any Employee exercising this optio~ the reasonable cost of using the arbitration procedure of this Agreement on the Employee's individual behalf. Fwther, any Employe\: who exercises this option shaU twice a year submit to the Union proof that tlle charitable contributions have been made.

C. Before any termination of employment p\D'SU8l1t to this Section becomes effective, the employee involved shall first be given notice in writing by the Union to pay the prescribed initiation fee and/or delinquent dues.

If the employee fails to pay the initiation fee and/or delinquent dues, and if such fee and/or dues are telldered within 48 hours after the employee receives this notification fl'om the Company, hislller dislDissal under here shall not be required. Iftemlination is adminiswred under this provision, the reasolls will be given in writing.

Tellmnatioll will not occur if there is an ongoing dib'Put~ between the effected e!llployee and the Union.

D. The obligations set forth in. this Article shall only be effective to the extentpe:rmitted by controlling law. All employees regulurly employed at any federal enclave who are not members of the Union shall pay the Union a senrice fee. lithere is a legal challenge to any prQvision oflhis Articlt:2 the Employer may SUspend its obligations under this Article for the duration of the dispute: after conferring on the matter with the Ucion.

E. The Unionl including its lnternatio~ agrees to save and bold the Employer harmless from any and nll claims, actions, suits.. damages. or costs; includi1lg any attorneys fees incurred by the Employel'~ on account of any matter relating to t:he tel1nS oftbis . .<\rticle. including, but not limited to any claims by any Employee(s) and cOlnpliance with the law.

SECTION 1.6 DUES CHECKOFF

A. The Company agrees to deduct dues as designated by the Union On a monthly basis from the paycheck of each member of the Union. Thes~ deductions will be made only 'Upon written authorization from the EJ.nployee on a fonn 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 Autllomation 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 U~ljon, as l"O tho dollar amount oft1\e Union membership dues.

B. The CompallY will remit all such deductions to the Union designee by the 7'IJ1 day of the month following the month in which the deduction(s) was(were) made. The Union agrees to furnish the Company with the Cllrrent routing number for direct deposit. '!he Company shall furnish the Union designee with a deduction list, setting forth the name and 21nount of dues with each remittance. The Union agrees to hold the Company

UGSOA lU, UGSOA Local 112 wIth ERIS Security, Inc., 04.01.2011·03.31.2014 Page 13 harmless from any ael'ion or actions growing out of these d~uctions initiated by WI EmpJoyee against the CompanY7 and a5S\Illle full responsibility of the dispositions of the funds so deducted, once tru:y are paid over to the Union. Errors made by the Company in tite deduction or remittance of monies sholl not be considered by the Union as a violation of this provisio~ providing such errors are unintentional and cOITected when brought to the Company's attention.

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operatioDs. The Union and tIle COlnpany will.put forth their best efforts to cause the Bargaining Uni t Employ~~s, individually and colleclively, to .peJform and render loyal and efficient work and ~\'ices on behalf of the Company.

and that neither their repl'eSentatives no1' their members will intimidat~ coerce. or discriminate in any manDer against any person in its employ by reason ofhislh.ermembersbip and activity or non.membership or non-activity in the Union.

SECTION 1.8 ANTI-DISCRIl\tIINATION

Neither the Company nor the Union wi1l discriminate agiclnst any Employee because of race~ colot, religion, sox) age, national origin, Vietnam Era Veterans status, disability or other protected reason. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy" and the parties agree to work sincerely and wlloleheartedly toward the accomplishment of this objective.

AR'fICLE2

UNION SENIORITY

SECTION 2.1 'UNION SENIORITY DEFINED

A. Union seniority shall be the length of continuous service, within the Local, from the Employee's first day worked as a CSO or LCSQ for the Employer, past or present and/or any predecessor Employer. Union seniority shall not accrue until the Employee has successfully completed the probationary period. Union seniority shall be applicable in deteonining the order of layoff and recall, shift bidding, vacation schedules.

extra work, transfers within the LocaL mld othel' matlers as provid~d for in this Agreement.

B. FOl' the purposes of shift bi~ vacation schedules and extra work, union seniority shall be defined as seniority within the work site.

c. Any Employee permanently 'transferred out of the designated Local Bargaining Unit for an)' reason shall lose their Un.ion seniority as it applies to the ol'der of layoff and reoant shift bidding, vacation schedules, extra work. and other matten as provided fo1' in this Agreement.

SECTION 2.2 SENIORITY LISTS

The Company sholl provide a.ll employee list (last date of hire as a eSO), to the Local Union each year on OctOber 1.

"fhe 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 challellges to this lis' will need to be submitted in writing with supporting documentation if available. .

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SECTION 2.3 PERSONAL DATA

Employees shall notifY the Employer in writingJ 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 entitlt:d to rely upon the laftt known address in the Employer's official records, SECTJON 2.4 "fRANSFER OUT OF t]!".n

Any Bargaining Unit Employee who is promoted to a non-bargaining unit position for more than twelve (12) consecutive weeks shall lose their Union seniority. If they renu'll to the bargaining unit at a later date their seniority will start on thm return date.

SECTION 2.5 PROBATIONARY mIPLOYEES

ProbatiollHI)' Employees will be considered probationary tor a ninety (90) calendar day period after their hlre date.

The Union will still represent Probationary Employees for problems concerning wages, hours and working conditions, but the COlnpany reserves the right to decide questions relating to transfers, suspensions, discipline.

layoffs. Or dischal:ge ofProbatiomny Employees without recourse to the grievance procedure contained in this At:,rreenlent, Probationary Employees do not have seniority Ut1til the completion of the probatiomuy period, at which time seniority dares back to the date of hire. The Probationary period can be extended by mutual agreement between the Company and the Union.

SECTION 2.6 TERMINATION OF SENIORITY

The seniority of an Employee shall be temrlnated for any of the following r~soDS:

a) the Employee quits or retires;

b) the Employee is discharged;

c) a settlement with the Employee bas been made for Total disability, Of fot' any other reason if the settlement waives further employment rights with the Employer;

d) the Employee is laid otrfor a continuous period of one hundred eighty (180) calendar days;

e) the U.S. Oovenunent revokes the Employee's credentials as a eso;

f) the Employee is permanently lransferred out oftbe bargaining unit.

g) If 6 CSO is terminated due to the physical exam and is later reinst~ he/she shall retain their original seniority.

ARTICLE 3

JOB OPPORTUNIT1ES

SECTION 3.1 "FILLlNG VACANCiES if a vacancy occurs in a regular position covered by this Agreement or a new position is added, the job will be posted for a period of three (3) working days (excluding Saturdays7 SW}(jays and holidays) wi'thin 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 wllo are not soheduled to work during thai three (3) day period at the site where an opening occurs, and any Empleyees 011 vacatiOtl or on other approved l«!l:lve will be rwtified by the Company. \Vhen a vacancy occurs, the Employer will fiU the position wi th the most senior Employee who has applied fo!' the pOsition in writing, who will be

UGSOA IU, UGSOA Local 112 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page IS trained (if required) to till allY necessary special qualifications for the new position. No more than two (2) shifts will be filled under this procedure as a result of that vacancy.

SECTION 3.2 SHARED POSITION El\iPLOYEES

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

SECTION 3.3 LAYOFF AN·D RECALL

In the event oflayoff or recall, when full-time 01' shared positions are being reduced, probationary Employees will be laid off first. Should it be necessary to further reduce the work force: the company may solicite volunteers, then employees with the least amount of seniority regardless of status, which could result in a change of status if a senior member is a share tilner and this provision forces the layoff of a full time meLnber, Recall of Employees will be accomplished by recalling the most seruor member affected by the layoff: with the option to defe:t· while other members aI'e still affected by the Jayof' if the senior member defers, the company will offer the recall to the next senior member affected and so on until all mem.b~rs are recalled.

SECI'ION 3.4 TEMPOR~Y ASSIGNMENTS

In tht interest ofmaintainillg continuous operations, the E1nployer may temporarily assign an Employee to a \'acant or new position wltil the job is filled in accordance with Articles 2 and 3, or assign an. Employee to a position that is part ofa temporary security assignment directed by the USMS, including temporarily assigning an Employee to a work site within 01' outside of the area defined by this Agreement. To the extent feasible the assignmen1 shall be a voluntary selection based on seniority and qualification. In the absence ofvolunteer~ assignments shall be made on a T~verse seniority and qualifications basis. Employees so assigned will receive thehlgher of the. base hourly wage available to £mployc;es regularly assibrn.ed to the site to whieb tb.ey are being tr~'feIIed) or their regular hourly wage they receive at their regular site under this ~eement, whichever is greater.

SECTION 3.S APPOINTMENT OF LEAD CSOs

The V.S. Government in its contract with the Company creates specific guidelines for the job duties and qualifications of Lead esoS. Based on these guidelines. all appoinun.en.ts of Lead CSOs will be made on the basis of suitability as evaluated by the Company. Suitability shall include an. Employee's skills, expMence. pil!it performance~ capabilities, and the needs of the operation. I( in the Employer's determination, Employees are equally qualified. seniority will prevail. Lead CSOs will not perfonu supervisory dutiesJ as described by the National Labor Relations Act.

ARTlCLE4

MANAGEMENT IS RETAINED RIGHTS

SECTION 4.]

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

A. Hire;

B. Assign work;

UGSOA lU, UGSOA Local 112 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 16

C. 'Promote, Demote;

D. Discl)8rge, discipline, 01' suspend based Oll 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 perfonu work.

SECTION 4.2

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

SECTION 4.3

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

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION S.l1NTENT

FOT pwpOSI:S of this Agreement, a gtievance shall mean a claimed violatio~ misiuterpretation, or misapplication of any provision of this Agreement or the challenge of any disciplinary action taken against a Union Employee.

SECTlON 5.2 GENERAL PROVISIONS

A. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for tht: presentation and processing of a h'lievance. The tellll "daYS" shall not include Saturdays, Sundays or holidays when used in this Article.

B. Should the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits, excluding events beyond th.e patties· control, shall pay the full cost oithe Arbitrator and the Meeting ROOIn.

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 th.eir best efforts to resolve an)' dispute on an infonnal basis. Both the Company and the Union agree that tlle EmpJoyee 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 ~iart the infoIIruil procedure. If the informal procedure is not invoked within eight working days ofElnployee's know ledge of a grievable issue, then it is agreed by both parties that no further action can be tIDceIL If, during the course of this discussion either the Employee or the supervisor deems i1 desirable, a steward or othel' Unjon representative will be called in.

B. Step One ~ lfthe matter is not resolved infonnally, th.e Employee shall, not later chan ten (10) days after the infom1al discussion with the immediate supeMsor, set tbrth the facts in writing, specifying the Aniele and

UGSOA JU, UGSOA Local 112 wIth ERIS Security, Inc., 04.01.2011-03.31.2.014 Page 17 paragraph allegedly violated. This shall be signed by the aggrieved Employee and the union representative.

and sllall 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 tell (10) days from tbe date the grievance was presented to return a decision in writing with a copy to the aggrieved Employee and the union representative.

C. Step Two -If the grjevance is not settled in Step One, the glievance may b.e appealed in writing to the Company's Director of Human Resources OJ designee not later thall ten (10) days D'om the denial by the Contract Manager or designee. The Director of Human Resources or designee wilJ have ten (10) days from the date the grievance was presented to return a decision, in writing~ with a copy to the aggrieved Employee and the union representative.

D. Grievan-:e for Discipline· lU1Y grievance involving dischargo or other discipline may be cOlnnlcmced at Step One of this procedure. The written gIievan.ce shall be presented to the Contract Manager through the Site Supervisor or designee within eighteen (] 8) days after the occUlTence oft be facts glvlng rise to the Grievance.

SECTION 5.4 ARBITRATION PROCEDURE·

Grievances processed in accordance witb the requirements of Section 5.3 that remain \Ulsettled may be processed 10 arbitration by the Union. giving the Company's Director of Human Resources written notice of its desire to proceed to arbitration DOt later than fifteen (15) days after rejection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 5.3 which l'emain unsettled shall be processed in accordance with the following procedures and limitations:

A. Selection of an Arbitrator· Within ·fifteen (15) days of receipt ofrhe Union's written notice to proceed with arbitration. the Company and the Union will meet wlephonicaUy to jointly attempt to agree upon the selection of a neutral arbitrator. If: \\1tbin fifteen (15) days. the parties fail to agree upon the selection of an arbitrator, the Union will reque~1 the Federal Mebiation and Consilation Services (FMCS) to supply a list of arbitrators, An arbitrator win be selected from the list supplied by the FMCS by parties aitenlateJy striking from the list until oue (1) nam.: :n:mains. and this individual shall.be the arbitrator to hear the grievance, B. Decision of the Arbitrator • The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall b.:

complied with, without undue delay after' the decision is rendered. It iS1lIl.derstood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, .or modify any of the tenns of this Agreement. If the decision of the Arbitrator is not complied with within fifteen (IS) days of the decision the losing side shall be liable fOl' attomey and court costs to cmforce compliance including through the courtS, absent an order from the U ,So Marshals Service or unless the Company files a written. request for clarification, then the Company will comply within fifteen (1 S) days of receiving the clarification.

C. Arbitration EX1)enSe • The atbitratorfs fees and expenses, including the cost of any llearing room, shan be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its Own exptmSes and compensation incuned bringing any of its witnesses or other participants to the arbitration.

Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

D. Time Limits - The decision of the arbitrator shall be rendc:t'ed as soon as possible after the dispute h.as been submitted to himlher.

SECTION 5.5 GROUP GRIEVANCE

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

UGSOA lU, UGSOA Local 112 with ERIS Security, Inc., 04.01.2011-03,31.2014 Page 18

SECTION 5.6 INDIVIDUAl" GRIEVANCES

No individual may movo at gnevance to arbitration.

ARTICLE 6

DISCIPLl~E

SECTION 6.1

After completion of'the probationary period, as specified in Section2.S, no Employee shall be dismissed 01' suspended without j u~1 cause. Just cause shall include any action or order of removal of an employee fi'om working under the contract by tIle U.S. GO'iernmen~ orrov'ocation of required eso credentials by the USMS under the removal of Contractor employee provision in Section H·3 of the ConLract between the US Marshals Service and ERlS Security, Inc.

AllY tempofaI)' or permallem tetnoval of an employee by detennina1ion of th~ Government as desClibed in Section H·3 oftlle Contract shall not become pennane~t withoutrequ.isit¢ notice to ~e e;anployee and the opportunity provided for the employee to respond to the Government's action wlLhin fifteen (I S) days ot'th.e detenninarion. Upon written request, the Company will provide the Union, in a timely manner, with all information concerning the removal that they may legally release. and will provide the Union with any relevant information concerning the proper Government point of contact and their contact data. The llfinal decision" on the employee's removal shall be determined by the Government, and the Employer shall be held harmless by the Union and the employee foJ' any further ClailllS made after this final determination. This pro\1sion is not intended to lilujt or prohibit the rights of any party to seek telief from other parties.

'The Company's contraot with the U.S. Government sets out peri'omance standards for the esos in Section C of the Contract between the Company and the USMS7 the Company and all Employ~es are requited 10 comply with these standards. 'fh"st perfonnance standards. the USMS Deadly Force StandaJ'Qs and the US Titl~ 18 Domestic Abuse and Violence polley will be issued to each Employee and must be signed, acknowledging receipt, by the Employee arid may be updated by the Company each yea:r. Employees 8gl'ee to comply with any express non .. disciplinary directive issued by the Government.

SECTION6.Z

The Company may discipline Employees wh~n necessaI)' and discharge those who fail to uphold U.S. Government or Company standards as described in this Anicle. It is recognized by parties to this Agreement thal progressive discipline generally shaIl be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progress disc.ipline is not applicable. Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employ~e. AU discipline shall be subject to the grievance and arbitration procedures, except fot those .issQ.es involving the USIvlS rights Wlder Section H .. 3 of the USlvlS Contract as l'eferenced in .sections

5.1 and tius Article. The Employee may reqnest, in writing, to the Sitt: Supervisor, that any disciplinary action not resulting in sllspension may be considered for removal from the Employee's :file after 2 months, provided that no violations of the same type have occlUl'ed and that no more than one violation of any type has occurred

SECTJON 6..3

The Company ~rrees to notifY the Union when an Employe~ is under investigation by either the USMS or the Company, within 24 hoUl'S of the beghuling of the investigation 01' as soon as they become aware of the investigation.

UGSOA lU, UGSOA Loeal112 with ERIS Security, Inc., 04.01.2011"03.31.2014 Page 19

All investigation must be cOIup]eted within thirty (30) working days. The Company shall provide the Union with the resmts of the investigation as soon as it is complete.

ARTICLE?

HOU.RS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY AND WORK\\'EEK

For tile pwposes of this A.tticl~ a regular workweek offorry (40) hoW'S of work, excluding lunoh periods, shall constitnte a nOlmal full·tinle workweek for full-time Employees. Shifts shall be scheduled at the discretion of the Employer to fulfill the needs oftbe U.S. Government. 'Perthe National Labor Relations Act, SectioIl8.A(5), changes in shifts must be negotiated witl) the Union prior to implemt:ntation of any such changes. Nothing contained herein shall guarantee to any Employee allY number ofhow's of work per day or week.

SECTION 7.2 OVERTIl\1E

An ove~titnO rate of time and one':"half n 1/2) of an Employee's base rate of pay (excl usive of health and welfare and othCl' fringe additions to pay) shall be paid for all hoW's paid in ex.cess offorty (40) hours in a. work week. .

SECTION 7.3 OVERTIME REQUIREMENT

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of ootice to the Comp3t1)', the Employee shall be required to do the work, unless the EmplQyee is excused by the Company for good cause.

SECTION 7.4 OVERTIME DISTRIBUTION

Overtime will be offered by Seniority (within the worksite) on a rotating basis. Ovc11ime will be diS1Jibuted as equitably and fairly as practicable among Etnployees.

SECTlON 7.5 REST PERIODS

Th~ shall be two (2) fifteen (15) minute paid rest periods snd one (1) thirty (30) minute unpaid lunch period for each eigllt (8) hour shift. These rest periods requit-e that the Employee be properly relieved before leaving their post One rc:st period shall be in the frrst half of the shift and th~ second rest period shall be in the last half of the shift. On occasio~ due to exceptional work requi:rementsp Employees may have to work througb their unpald lunch breaks andlor paid rest p~ods, and. if so. they will be compensated at the appropriate rate of pay. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not 'the intent of the Company to avoid this requirement

ARTICLE 8

WORK SHIFTS AND PAyl\tIENT 'POLICIES

SECTION 8.1 CALL-IN PAY

An Emp]oyee called in to work will be guaranteed 8.1ninimum offour (4) hours of work, or iffoW' (4) hours of work is not avail.tlbl~ will be paid for a minilUUIll of fOUT (4) hours time. CoIl in is defined as anytime a CSO is required to report to duly for any business related function.

SECTION 8.2 SHIFT BIDDING, HOURS OF WORK, & SENIORITY

UGSOA IU, UGSOA Local 112 with ERlS Security, Inc., 04.01.2011-0331.2014 P age 110

At the request of the Local, no more than once each year, fu11-time Employees and shared position Employees at eacb 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 chatJ.ge in Status from full~timc: to shared time position or vice versa.

SECTION 8.3 WAGE SCHEDULE

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

SECTION 8.4 PAYDAY

Payday for all hourly Employees will be by the olose of normal business on the Monday following the two (2) week pay perjod ending on Saturday~ subject to change by mutua1 abrreement. The Company has djrect deposit available.

SECTION 8.5 UNDISPUTED ERROR

1n case of an undisputed error on the part of the company as to an Employee's rate of pay, proper adjustment will be made in the nex.t paycheck after the error has been brought in written fonn to the Company's attention. Any error, involving eight (8) hours of payor 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 Leso wage. In the cas~ where there are multiple LeSO wagest the additional LCSO will be paid at the lowest LCSO wage for the site Or location where they are assigJled.

SECTION 8,7 GOVERNMENT BUILDING CLOSURES

The employer recognizes the fact that there are times when inclement weather, a natural disaster or any other piarUled or Wlplanned event may close a CourtHouse or Government Building where his employees ate assigned. In the event that a closing occurs7 employees will be excused and may use personal leave, vacation leave or leave without pay.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

Whenever the term "boliday" is used, it shaLllnean:

New Years Day Veterans Day

. Christmas Day Thanksgiving Day Memorial Day

Independence Day Columbus Day Labol'Day Martin Luther King Birthday Presidents Day

And, any day designated by the Pl'E~sident of the United States as a permanent National holiday.

SECTION 9.2 MISCELLANEOUS HOLmA Y PROVISIONS

UGSOA JU~ UGSOA Local 112 with ERrS Security, Inc., 04.01.2011-03.31.2014 P age III

A. A full .. time position Employee who is not req'uired to work 011 a holiday shalJ b~ 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 .8 holiday $hall receive the Employeets appropriate rate of pay for all hours worked, and in additjon, shall receive eight (8) hours holiday pay at the straight time rate as described.

C. A shared position Employe~ who does not work on a holiday shall receive a proportion oftbe holiday benefit due full-time employees based on the number of hours each such employee worked in the workweek prior to the workweek in which the holiday occurs (in compliance with 29 CFR 4.17 6{ aX3) ) •.

D. Any shared position Employee who works as scheduled on a holiday shall l'eCeive the Employee's appropriate rate of pay for all hours worked, and in addition shall receive holiday pay as described above.

E. In the event that the Holiday falls On 8 weekend, the renn Ilholiday" will refer to the day that the U.s.

GovemmeD~ designates as the Holiday.

ART1CLE 10

VACATIONS

SECTION 10.1 ELIGmLE FULL-TIME EMPLOYEES

Full-time Employees shall be entitled to annual vacation based on their continuous years of service with the Employer (based 011 the Employee'; anniversary date of employment) at their individual hourly rate of pay at the time payment is made in accordance with the foHowing schedule:

Upon completion of one (1) year of service:

Upon completion of five (5) years of set -vice:

Upon completion often (10) years of service:

Upon completion of fifteen (IS) years of service:

eighty (80) hours one .. bundred and twenty (120) hours one-hundred and siA1), (160) hours two-hWldl'ed (200) hours

SECTION 10.2 ELIGmLE SHARED POSmON EMPLOYEES

A. Eligible shared position Employees shall be entitled to pro-rated vacation per the schedule contained in Section 1 O.l~ based on: their individual hourly rate, the number of hours paid in the previous year, and the Employee's anniversaJ.'Y date. A minimum of one-balftbe fulltime benefit for Employees who have been paid for at least 1040 hours in the previous year.

B. Any Employee who works a full anniversary year, i.n part as a full-time positioll.E:mployee 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 Con1ract 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.

Reque~1s made after J atluary will then be on a first come first served basis.

UGSOA lU, UGSOA Local 112 with ERIS Securrty, 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 nlore than two week increments for initial consideration. Eaoh increment that is bid dUfing the bidding will be done so that each person will get their most desirab1e request off as their first bid, and their second most desirable weeks off in the second bid, and so forth.

SECTION lOA PAY OPTIONS

Eam~d vacation pay may be requested at anytime and will be paid in accordance with this agreerrlent in the ne}..1 pay cycle.

SECTION 10.5 UNUSED VACATION

Vaeations shall Dot be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on Employee's anniversary date of employment) shall be paid to the Employee.

SECTION 10.6 TERMINATJNG EMPLOYEES

Upon termination of employment) Employees will be paid at their individual hourJy rate vacation time earned as of their last anniversary date, but not used, as entitled by the Servjce Contract Act. (£xample: An Employee who teIDlinates one month into the next anniversary Yeal' is entitled to .any of the previous year's earned accrued vacation nOl already used. and not to the additional month accrued in the new anniversary period).

SECTION 10.7 VACATION - LAID OFF El'vD,lLOYEES

Length of service with the Employer shall accrue for the purposes of vacation benefits while an Employee is on laId-off status for up to one (I) year. Employees wiJI only be paid vacation benefits when tlley are working.

SECTION 10.8 VACATION INCREMENTS

Consistent with Employer approval. efficien.c)" and economy of operations, Employees may take their vacation in segments of less than one (1) week eac~ but not less than foW' (4) hour illcrements.

ARTICLE!1

LEAVES OF ABSENCE

SECTION 11.1 LIMITATIONS

Personal leaves of absence for nOll-medical emergencies may be ~'Tanted at the sole discretion of the Employer without loss of seniority to the Employee. Such leaves, if granted, are not to exceed 30 days2 unless a special extension is approve4 by the Employer. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits for any unpaid leave of absence over 30 days. The Employer will make every reasonable effort to maintain an Employee's position while on a nOll-statutory unpaid leave of absence. It is acknowledged by the Union that under USMS eso contract, the Employer is not pennitted to hire additional (reselve) or temporary Employees to provide work coverage during Employee absences. Unpaid leaves of absence may be taken only with written approval of the Employer, or in a case of verified personal emergency.

Any Employee ill an unpaid status at the time a hoHday OCClli'S 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 Local 112 with ERJS Security, (nc., 04.01.2011.03.31.2014 Page 113

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

B. The Company agrees to honor the FMLA fOT aU Employees, regardless of the number of employees in f1 fifty mile radius. The Company will not force Employees to use any availabJe paid leave prior to taking a FMLA leave.

C. During medical leave. the Employee shall be required to funlish a repOlt from the doctor wben requested periodically by the Employer. Upon the expirtltion of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor~ which establishes the fitness of the Employee to return to the Employee's previously held work.

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

SECTION 11.3 MILITARY LEAVE

An Employee of the Company who js activated or drafted into any branch of the annod forces of the United States Wlder the provisions of the Selective Service Act Or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federa11aw, fOT the time sp~nt in full-time active duty. The period of such leave shall be detennined jn accordance with applicable federal laws in effect at the time of sucll leave.

SECTION 11 .. 4 UNION LEAVE

A Union President snd one delegate will be granted an unpaid leave of absence for a maximWll of seven days upon written request for the purpose of attending Union conventions or other meetings ofvitaJ interest to the Union as long as staffmg reqUirements permit. More time will be granted upon mutual agreement between the Company 8l'ld the Union.

SECTION 11.5 PERSONAL/SICK LEA VI:

Current aDd Continuing throngh March 31, 2012

RATE OF

START DATE PERSONAL/SICK

LEA VB ELIGffiLE 10

USE

Date Employee begins working on the contract, FULL-TTh1E SHARED POSITION based on an October 1 con1ract 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 boUts 16 hours March 1-31 28how-s 14.hours

UGSOA lUI UGSOA Local 112 with ERrs Security, Inc., 04.01.2011-03.31.2014 P age 114

A. Each full-time Employee shall be eligible to use a maximum of six (6) days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after 1he inception of the contract year will be eligible to use a prorated amo un1 of personal leave? based on the above PersonaUSick Leave Table.

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

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

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

E. 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.

F. Personal leave (and vacation) days may be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness must notiiY the Employer at least two (2) hours prior to the beginning of hislher shift in order to be eligible for paid personal leave benefits. Proof of illness may be required.

G. Pursuant to the negotiated change in Personal/Sick leave allottnent as of April 1 J 2012; there is the requirement of a onetime transition period. On or about April 1, 2012 there will be a requirement for a reconcile of the used cOtnpared to earned personal/sick leave (i.e. employees working as of Oc1ober 1, 2011 and continuing in service througb 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 Employer 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 112 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 contract, FULL-TIME SHARED POSITION based on an Aprill contract start date.

April 1- 30 80.00 hours 40.00 hours May 1-31 73.34 hours 36.67 houts June 1 .. 30 66.67 hours 33.34 hours July 1- 31 60.00 hours 30.00 hours

August 1-31 53.34 bours 26.67 hours September 1 - 30 46.67 hours 23.34 hours October 1 - 31 40.00 hours 20.00 hoUl"$

November 1 - 30 33.34 hol.U's 16.67 hours Deoember 1 - 31 26.67 hoW"s 13.34 hours January 1 .... 31 20.00 hoW'S 10.00 hours

February ] - 28 13.34 hours 6.67 hours Match 1- 31 6.67 hours 3.34 hours

H. Each full-time Employee shall be eligible to use a maximum often (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 may be taken in not less than two (2) hour increments and shall be paid when taken by the Employee as approved in advance by the Site Supervisor or District Supervisor.

J. Shared position Employees will receive one-half the full time personal1eave per full contract year worked. At the end of the contract year, any shared position Employee who was paid more than half the full-time hours (1040 hours) will receive additional prorated personal leave based on the number of hours the Employee was paid during that contract year.

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 tezmination 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 dwing 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 may be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness must notify the Employer at least

UGSOA lU, UGSOA Local 112 with ERIS Securityl Inc., 04.01.2011~03.31.2014 P age 116 two (2) hours prior to the beginning of hislher shift in order to be eligible tor paid personal leave benefits. Proof of illness may be required, SECTION 11.6 PROCESSING UNPAID LEA YES OF ABSENCe

The Employer will consider requests for unpaid l~aves of absence and mey grant t;bem at its sole discretion. .Iu!

unpaid leave of absence ·must be processed in the following manner:

A. All requests for unpaid le~wes of absence shall be submitted in writing to the Lead CSO t Site Supervisor or Contract Manager at least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified personal. emergenciesJ and inolude:

1. The reasons for such leave;

2. The effective dates of such leave;

3. The estimated date ofretum to work.

The Company will respond to th~ request within five (5) working days.

B. The written request for leave of absence shall be submitted to the Contract Manager by the Site Supervisor for final approval. If the request fOl'the leave ofabsen.ce is approved by the Contract Manager. a copy of the approved leave of absence will be given to the Employee involved.

C. Extensions of the leave of absence may be granted at the sole discretion of the Employers upon 'written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence.

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

SECTION 11.7 GENERAL PROVISIONS

Seniority shall accwnulate during the period of any approved leave of absence subject to the provisiollS of this Agreet.n.ent.

SECTION 11.8 JURY DUTY

The Company will comply with all State and Federal rebrulations regarding Employees' service for jury duty.

Employees will receive their regular rate of 'Pay minus ally pay received from the courts for up to a total offive (5) days, but a consideration for additional days may be addressed on 8 case by case basis.

SECTION 11.9 BEREAVEMENT LEAVE

A Ifit i:s neoessary for an Employee to Jose time from work because of a death in the immediate f81nily. whether the family Inember lives ill or out of their local state. the Employee shall be entitl~d to up to five (5) days paid leave of absence per contract year at their sttaigbt .. time rate of pay. Immediate family is defined to mean an Employee':s spous~ father. mother, brotherJ sister, children (including legally adopted children, foster children and/or stepchlldren)7 father-in-law, mother-in-law, grandparents, grandchildren, sister-in-law, brother-in~1aw. daughter-ill .. lawand son-in-law.

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

ARTICLE 12

UGSOA lU, UGSOA local 112 with ERIS Security, Inc., 04.01.2011 .. 03.31.2014 P age 117

HEALTH, \VELFAREAND UNIFORM ALLOWANCES

SECTION 12.1 PAYMENTS

Fo!' the life of this Agreem,",nt, the Employer will make health and welfare paym~nts to Employees on aU hours paid up to forty (40) hom'S per wee~ and up to a total of20S0 hours per cOllttactyear, as described in APPClldix A.

SECTION 12.2 OTHER BENEFITS

The Employer will offer Employees the opportunity to participate in other available Employee paid fringe benefit programs made a.vailable to all Court Security Officers employed by the Company. 'These progralIls may include cafeteria plans, payroll deduction p1~s, rew'ement pluns, inS'U1'811ce plans, 40 1(k) plans, and any other plan mentioned in this Agreement.

SECTION 12.3 UNIFORM MAINTENANCE

The Employer will pay the Employee an allowance for each hour worked, up to 40 hours per week, for uniform maintenance as described ht Appewlix A. A shoe allowance, as described in Appendix A'7 per contract year will be provided annually for the purchase of USMS-required eso uniform shoes. The Employer will provide all foul weather gear for each employee. The Company shall issue unifonns by December 31 at and uniforms shall be gender proper.

ARTJCLE13

NnSCELLANEOUSPROV~IONS

SECTION 13.1 BULLETIN BOARDS

The Employer will make its best effort to obtain a space from the U.S. Gov~mment for the Union to locate a Union provided bulletin board that will be used by the Union for posting of; notices of meeti:nss~ elecnon$~ appointments, recreational and social affairs) and other Union notices. The provision of these facilities is the prerogative of the U.S.

Govcmment, who owns and controls all worksite facilities.

SECTION 13.2 PHYSICAL EXAMlNA nONS

A. Tho Employer shan Pity for allY physical/medical examinations and additioJull testing that js required by the Employer and/or the U.S. Govemment. The Employer has the right to choose the physician who will perfonn the physical exam. All expenses will be direct billed to the Cotnpany or reimburst=d to Employee with receipts.