Attachment 1(A) - NFL GAN Local 165 CBA.pdf

Collective Bargaining Agreement Between

ERIS Security, Inc.

and

United Governll1Cnt Security Officers of Alnerica, International Union and

United Government Security Officers of America Local 165

April t, 2011 through March 31, 2014

PREAMBLE

THIS AGREEMENT is made and cllten~d into. April 1. 2011 hy and bet\\'~~n ERIS Security. Inc .. a corporation.

h~reinaft~r referred to as the" Employer" or "Company." United Govel1lment Security of America. Internal ional Union. and United Government Security Officers of America. Local 165 . hereinafter referred to as the "Union" or "Employee tt

MISSION STATEMENT

COURT SECURITY OFFICER

o EIl:-illl"L' th..: ~all:t~ or lIS Fl'<.kral l'Ollrt:-; and l:Olllll'lllplll~ ~~s against \lllalltlh.lriz~d. ill~gal and pot~nti .. lJ~ I iti.:-thn:i1h:ning a~ti\ iti..:!'- illlh~ L1L'\~Jllh .Il1dil'ial Cir~lIit.

('SO Goal & Vision

Goal

To ClllHluct oUl'sch cs in a nHlllncr as to bring credit upon the COllrt Sccurity Onic~r program and the United Stat\!s Mar:-.hal Sl'l'\ i~l' at HII t illlcs.

Vision

To be akrt to all situations and c\ents that take place and take ncc~ssary mcasures to prc\ cnt dangerous situations from happening.

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ARTICLE 1

GENERAL PROVISION·S

SECTION 1.1 BARGAINING UNIT

A. This agreement is entered between Eris Security. Inc .. United Government Secllritv Oflicers of America.

International Union. and United Government Seclirit) Officers of America Local II 163 (hereinafter rerem~d to as till' Union). The Company recognizes the Union as the sole and cxclusi\'c bargaining reprcsentatin! I'llI' the purpose of ('1,1 Ic\,.,t i\ \,.' harg.aining. as dl.'tined in the National Lahnr Rdations Aet.

B. I hl' unit i~ ddilll'd ,h "II 1'1111-1 illle :lIld :-Iwred pl)~it il)Jl h.'lkl'lI I C,HII'l Sl'ellrit~ (>lriL'L'r~ ((,SO ... ) and I.I.'ad h:d~ral C,)lIrt ~\"'l·tllil~ ()jlh:l.'r~ (I.C~( b) l'lIlph)~ cd h~ 11ll' l'\llllpclll~ ill llll' UI.'\ I.'llih Cil'l'lIil L'PIl .... i:-;till!.! ()f ll(jS( ):\ I.neal I (l:'. in the cit~ llr (jaill~\ ilk'. ill the State of FI{lrida l'~c1l1dillg all uther l.'lllplo~ l'l'!'o im:llldillg onieL' eIL'rical emplo) el'S and pn)ll:s~i()nal ~:l1lplll~ ce:-. liS dl.'lined ill the National l.ahol' Rdations Act.

C. This agrecmcnt shall hI! binding upon the parties. their SlH;ccssors and assigns. In th~ event ofa sale or transfer of the business of the employer. or an~ pUrl thercof. the purchascl' or transferee shall be bound by this agreemcnt.

SECTION 1.2 NEGOTIATING COMMITTEE

Th~ C\llHpatl~ ag.n:~~ to n.:~~)g.nizc H NI.'glltiating. Clllllmith:e \.:olllpos~d llf lip to three lllell1bcr~ and olle alternatc selected b~ the Union to represent the Employecs in collective bargaining negotiations.

SECTION 1.3 STE\VARD SYSTEMS

A. The Company agrees to recognize n stewnrd system.

8, The Uniull ag.n.:e~ thal the !\te\\ unb \\ ill \\ur"- allheir l'I.:gulur .illb~ at alit illl~~ c~~epl \\ hell lite;:) arc rdic\ cd to attend to all the busincss of the Gl'ic\ anee Procedure as olltlined in this Agreement. Aggrie\'ed employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working h0urs.

C. (rille;: EIIlPh,l)l'C relJuests. the;: C()mpctll) \\ill call1lu' a UnilHl .h:pre~ellt<llive prillr hl WI) rJi::,eiplinHQ HCliol1 wken. wl1t~thcr it be written or \·erbal. The supervisor. at the requcst of the Employee. will release the Union Rcpresclltath c as soon as possible. The Union Reprcscll1atin~ \\ ill be paid 1,)), lip to onc-half hour. upon rced\ ing Supcn bor appnn al of rdief 1'1'0111 dut) , SECTION 1.4 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried Employees shall110t perform the duties of the Employees in the bargaining unit. except in an emergency.

SECTION 1.S UNION SECURITY

A. An Employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement. to the extent of tendering the membership dues uniformly required as a condition of retaining membership in the Union.

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B. An Employee who is not alllemher of this Union at the time that this Agreement becomes etlcctive shall.

within ten.( I 0) 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.

Or

2) Pay the Union a sen'jce fee. The amount of this service fee shall be equal to that paid by regular Union members to include regular and lIslial initiation tees. The service fee will not include anv asscssments.

special or othen\ ise. Such paymcnts sholl commence llll th~ 30th da~ after the date of hire.

1·.lllpl{)~ ... 'cs \\ 110 arc Illl'lllhcJ's of. and mlhcn: to the cswblbhcd Hnd traditinnal t ... ·lk'ts of u h\lIla-fidl' I'l·ligioll. b\'d~, Ill' :-oect. \\ hich ha~ hi ... h)J'ic~llI~ hcld c\'I1!\ciclllilltJS ol~iectinlls t ... , jnilling or linalH:iall~ :->upp'Jrting lah\lr l)/'gani/.atil'lb. shall. in:-tead lll'th ... , ahl'\ c. bc alh)\\cd ill IlHlI,c pa~ Illl'nb in HIllllUlIls

L'llUalll) the agcnc~ fl'c rClJuired abo\c. tll.1 tn:\-e:\clllpt organi.latillll (lIlH."-:r Section 501 (<:)(3) of the IRS Code). The Union shall lime.: the.: right to chargc (In~ ElIlplo~~~ l'\~rcising this option, the reasonable cost ofllsing th~ arbitration procedure of this Ag.reement on the Employee's indhidllal behalf. Further. an~ El11plo~ ~e \\ ho exercises this option sholl t\\ ice a year suhmit to the Union proof that the charitable contrihuti{)ns have heen made.

C. I3c.:flH'c an~ tenninHtil1l1 of eJllpll)~ mcnt pursuant to this Section h~COl1ll'S en~cti\ l'. thc clllpl\l~ ee ill\ 01\ cd shalllirst he gi\l:nllotice in "riting hy thc Union to pa~ the pre.:~l:I'ihed initiation Icc Hnd/()J' delillquent due~, If the.: e.:mplo~ e.:c f~Iih, to pa~ the init jntilln r~l' andim ddinqllent dlle~. and if slich fel' Clnd/lll' du~~ an: h:ndcJ'\.'d within 4H hours aner the employee receives this notification ti'om the Company. his/her dismissalllnder here.:

shull not bc required. lftenninatioll is administt!l't!d under this pro\'ision. the reasons will be givcn in writing.

Termination \\ ill not OCClll' if there is an llngl1ing displlt~ behH:en thc effected emplo) ee and the Union.

D. The ohligations set tOl1h in this Article shall only he etfective to the extent permitted by controlling law. All elllplo~ees reg.ularly employed at any federal enclave \\ ho are not members of the Union shall pay the Union a :.CJ'\ ice.: 1cc. Irtherc i:, u legal challeJlge h.> HlI) pl'l)"i~iun urlhi~ Arlicle. th~ EllIplo)-cr Iml) ::.u!)pclld ib obligations under this AI1icic t('lI' the duration of the dispute atter conferring. on the matter \\ ith the Union.

I:. I he Unil)Jl. including its International. agr~es to save and Ilold tile l:.mploy~r harmless from any and all dail1l~. aClil)JI~. suits. dallwgl.!!\. or Cl)sb. includillg an~ atll)J'llC~ ~ I~c~ inclIlTl.!d b~ thc Elllplo~ cr. on HCCllllllt of any matter relating to the tt!rms of this Al1icle. including. but not limited to any claims by any Employet!(s) and compliance \\ith the la\\, SECTION 1.6 DUES CHECKOFF

A. The Company agrees to deduct dues as designated by the Union on a monthly basis fi·olll the paycheck of each member of the Union. These deductions will be made only upon written authorization t1'om the Employee Oil a fOl1ll provided by the Union. The Employee. upon written notice served upon the Company and the Union. may revoke sllch authorization as provided in the Employee Check-OtT Authorization Card. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing. by the Union. as to the dollar amount of the Union membership dues.

B, The Company will remit all Stich deductions to the Financial Secretary Treasurer within three (3) business days fi'om the date that the deduction was made. The Union agrees to furnish the Company with the ClllTcnt routing number for direct deposit. The Company shall furnish the Financial Secretary Treasurer with a deduction list. setting fOl1h the name and amount of dues with each remittance. The Union agrees to hold the

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COI~lpany harmless thllll any actiol~ or actions growing out of these deductions initiated by an Employee agall1s! the Company. ~nd ass~ume tull responsibility of the dispositions of the funds so deducted. once they are paad over to the Union. Errors made by the Company in th~ deduction or remittancc of monies shall not be considered by th~ Union as a violation of this provision. providing stich errors are unintentional and l:orl'ectcd when brought to the Company's attention.

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agrec to \\·ork sincl!rely and wholeheattcdly to the ~Ild that the provisions of this Agr~~Jll~nt \\ ill hl' applied and inlcrprekd fair!). const:i~ntiollsh. and in th~ best interest of ellicicllt s~clll'it\ operatilllls. The Unilln and the (\lmp'lIl) \\ ill pUI 1'0l1h their be'st Cn~H'lS tll CUllS ... ' tlw Bnrgaining llnit Empio)l.>l.'s.

indh idlHlII~ Hnd cl,lIecth d). In pl.·r1llJ"ln lind rl.·nder Il'~alllnd eniciclll \\lu'k and Sl.'r\ ices nil hdlillf orthe Comp'1I1~.

and that neither their rl'prc:--L'lltill i\ l.·S nllr their 1l1l:lllh ... ·rs \\ i II intimidate. cn ... ·I\.: ... ·. nr d i:--nilll inat ... · in am Illalln~r il!.!ainst an~ pL'r~l)11 ill ib eJllplo~ h~ rcaSOll of his/her Ilh.:mbl·rship and al.'ti\ it) or nllll-Illl.·lllb~rship l'l" Illlll-';l.'ti\ it~ ill tl~~ llnioll.

SECTION 1.8 ANTI-DISCRllVIlNATION

Neith~r th~ Compan) nor the Union \\ ill discril1linat~ against any Emplo) ~e because of race. coloI'. religion. sex. ag.e.

national origin. Vi~tna1l1 Era Vel~rans status. disability or other protected reason. The Company and the Union recognize that the l)l~kcti\ e of prm iding. equal clllplo~ Illcnt OPPl1J"tullities for "II people is consistcnt \\ ith COl1lpall~ and Union phi losoph~. and the partil's agree to \\ ork sincl'rcl~ and \\ holclll'm1ed I~ to\\ ard the accomplishment of this l,bjecti\·e.

ARTICLE 2

lINION SENIORITY

SECTION 2. t UNION SENIORITY DEFINED

A. Union sl'niority ghall be the length of continllous serviec. \\ ithin the Locnl. fi'om thc Employee's last date of hire as a CSO or LCSO for the Employer, past or present and/or any predecessor Employer. Union seniority shall not accrue until the Employee has successfully completed the prohationary period. llnion seni()rit~· ~hall be applicable in determining thl! order of layoff and recall. shiH bidding. vacatioll schedulcs. extra work.

transJers within thl;! Ll'cal. and other lllatt~rs as pro\' ided for in thb Agrl;!em~llt.

B. for the purposes of shin bidding. n,cation schcdulcs und extra \\ ork~ union seniorit) shall be deiincd as seniorit) \\ ithin th~ \\ orh. 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 oflayoff and recal" shift bidding. vacation schedules. extra work. and other matters as provided for in this Agreement.

SECTION 2.2 SENIORITY LISTS

The Company shall provide an employee list (last date of hire as a CSO), to the Local Union each year on October 1.

The Union will respond. \\'ithin thirty (30) days. with a "Union Seniority" list to the Company. This list shall be posted on all Union bulletin boards.

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SECTION 2.3 PEI~SONAL DATA

Employees shall noti1)' the Employer in writing. on the company provided form. of thdr proper Illuiling address and telephone Ilumber 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 otlicial records.

SECTION 2.4 TRANSFER OUT OF UNIT

Any Bargaining Unit Employee who is promoted to a non-bargaining unit position tl1r more than t,\·elve (12)

C0llSL"'Clitive 'H!eks shall lose their Union seniorit~. If they return to the hargaining unit at a latl'r date their seniorjt~ \\ill stall (lll that retul'Il date.

SECTION 25 PROBATIONARY Ei\'lPLOYEES

Pn.)hatinllar~ Lll1pll)~ Cl.'S \\ ill l'll.' l.·l)Jlsidcn.:d pl'OhaliontlQ I'llI' a nindy (l)()) cilh:ndar da~ pcrind al"tl.-r their hire date.

The Union \\ ill still reprl.'sl.'nt Probationary Elllplo~ ees fix probll?llls cllllcerning \\ age!\. hours and \\llrkillg conditions. but the Company reserves the right to decide questions relating to transfers. suspensions. discipline.

layoffs. or discharge of Probationary Employees without recourse to the grievance procedure contained in this Agreement.

Probatiollar~ Employees do not hm e scniority ul1lilthc completion of the probHtionar~ pcriod. at \\ hich time scniorit~ dmcs back tll the dale of hire. The Probat i()nar~ period can be extended by Illutunl agreelllL'llt het\\ eell thc Cnl1lpall~ and the Union.

SECTION 2.6 TERMINATION OF SENIORITY

The seniorit) of an Employee shall be terminated ill" any 0f thc following reasons:

a) the Emplo~'ce quits or retires:

b) tht:! Emplu) t:!t:! j:-, Ji~~hurg.t:!J:

c) a settlement with the Employee has been made ti.)r total disabilit~. or for an) other reason if the settlement waives fUl1her employment rights with the Employer:

d) the Employee is laid otl'for a continuolls period of one hundred eighty (I RO) calendAr days:

e) the U.S. (jovernment revokes the Employee's credentials as a CSU:

f) the Emplll)"t:!e i~ penllanellll~ transft!rred out of the bargaining unit.

ARTICLE 3

.JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

If a vacancy occlIrs in a regular position covered by this Agreement or a new position is added. the job will be posted for a period of three (3) working days (excluding Saturdays. Sundays and holidays) within the Local. All shared position Employees who have notified the Site Supervisor. in writing of their intent to apply for a Full-Time position and who are not scheduled to work during that three (3) day period at the site where an opening occurs~ and any Employees on vacation or on other approved leave will be notitied by the Company. When a vacancy occurs. the Employer will fill the position with the most senior Employee who has applied for the position in writing. who will be trained (ifrequired) to fi)) any necessary special qualifications for the new position. No more than two (2) shifts will be tilled under this procedure as a result of that vacancy.

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SECTION 3.2 SHARED POSITION EMPLOYEES

The Company is obligated under its contmct with the USMS. to till a designated number of sharcd positions in order to provide full staffing le\'el coveragc. increase seclll'it) levels as needed and a\oid unnecessary ovel1ime, A shared p?sitio~l En!ployee l11ay he ~che~lIled to work 1ll00:e. than a pUl1 time schedule. as necessal)'. at the Company's dIscretIon. fhe Company \\'111 gIve the shared posItIon Employee the maximum possible notice tt1r weekly work schedule changes.

SECTION 3.3 LAYOFF AND RECALL

In thl.' l.'\ ~nt or la~ off llr n.:~all. \\ h~11 !"ull-ti 11Il.' or shar~d pnsitinns arl.' h~ill~ rl.·dll~\.·d. probat inl1,lr~ Elllplo: \.'l.'S \\ ill hI:

Inid ofT lirsl. Should iL hl.' IU:C\.'''SHI": h) rllrlhlT l'\.'tllI\.''-' Ih\.' \\l)r" rllrc\.'. El11pl,): '-'\.':-. \\ ill h,-, rdailll.'d llil Ihe..' hnsi:-; llf

"'e..·ni,wit: \\ ithil1 th\.' I.neal. lit\.' Clllltpall~ \\ ill Ill)tit~ tlk' llnil)ll. in \\ riliJl~. nrl\'qllirl:d re..'dllctillll. Til\.' l'ni,)11 \\ ill r\.'~plllld. in \\ riling. \\ ithill thr\.'\.' (..,) bliSillc~s till: S (\.':\l: luding Saturda~. Slllllhl~ '-": 1101 ida~ s). \\ jlh thL' nalllc or Ilal1l\.'~ nf the I\.'ast scnil)r elllplo~ \.'c or cll1plo~ \.'es. Rccall of E\1lplo~ c\.'s \\ ill be aecompl ished b~ recalling tile last laid off Employee tirst. and so on.

SECTION 3.4 TEMPORARY ASSIGNMENTS

In the interest ofmainlaining continuolls operations. the Employer may telllporaril~ assign an Employee to a vacant or Il\.'\\ position ulltil thejoh is filled in accordance \\ith Articles ~ and 3. or assign nn Employee to a position that is pnt1 of a tcmpnrar~ security assignment din:ctcd by the lISMS. including te1llporaril~ assigning nn Employee to a \\ork sil~ \\ ithin l))' outside of the aren defined b~ this Agreement. To the e:\tellt teHsiblc the assignlllcllt shall b,-, a \ ollilltHr~ selection based on seniority and qual ificHtion. In the absence of volullteers. assignments shall be made Oil a reverse seniority and qualifications basis. Employees so assigned \\ ill receive the higher of the hase hourI) \\age available to Employees regularly assigned to tlw site to \\ hich they are being translerred. or thdr regular hourly \\age thc~ receive at their regulnr site under this ag.reement. whichever is greater.

SECTION 3.5 APPOINTMENT OF LEAD CSOs

The U.S. Government in its contrnct \\ ith the Company creates specific guidelines for the job dutics and qualitications of Lead CSOs. Based on these guidelines. all appointments of Lead CSOs will be made on the basis of suitability as evaluated hy the Company. Suitnhility shall include an Employee's skills. experience. past pertormance. capahi1ities.

and the needs of the operation. 11: in the Employer's determination. Employees are equally qunlitied. seniority will prevail. L~ad CSOs \vill not perform supervisor) duties. ClS described by the National Labor Relatiolls Act.

ARTICLE oj

MANAGEMENT'S RETAINED RIGHTS

SECTION 4.1

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

A. Hire:

B. Assign work:

C. Promote. Demote:

D. Discharge. discipline. or slispend based on AI1icle 6:

E. Require Employees to observe reasonable Employer rules and regulations:

F. Determine when overtime shall be worked:

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G. Detennine the qualifications of an Employce to perform work.

SECTION 4.2

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

SECTION 4.3

Any rights. PO\\ crs or allthorit~ the ('o\llpan~ had prior to the signing if this Agreement are retaincd hy the Company.

e~cept those specifkall~ ahridged llr Illodifkd h~ this Agreement and an~ Stlpplcllll!ntal Agreement~ that Illay IH:reafkr he mutic.'. 'I hI.' CompHn~ \ 1~lil1ll'c III e:\l'l'<.:isl.' 'lll~ function rescn ell t~"I it shall not he deemed a \\ai, l'r nf an~ sll<.:h righb.

ARTICLE S

GRIEVANCE PROCEDURE

SECTION S.l INTENT

For purposes llflhis AgrcL'mcnt. a grit.·, an<':l' sh"lIllleall n daimL'd ,iolatiol1. misinterpn:t<ltioll. or misappli<.:ati("I11 of all~ pnn is ion of this Agreement. or the <.:hallcngc of all~ disciplinnr~ a<.:tioll takcn against a Union EmploYl.!e. I.!XCl.!pt that this grie\,itn<.:c procedure ~halllH.)l be llsed ror all~ actillll \lr urdl'r of rl'lIl~l' al \)1" an huplo) el' fWIlI \\ ol'king undcr the contract by the U.S. Government. or revocation of required (SO crcdcntials b) the USMS under the removal of Contractor emplo)'ee provision in Section H-3 of tlte Contract bet" cell thl.! US Marshals Service and ERIS Security.

1m:. Any temponll) or permanent removal of an cmplo!cc by determination oCthe GO\'crlul1ent as described in Section H-3 of the Contmet shall not become permanent without requisite notice to the cmplnyee and the 0PPol1unity provided for the employee to respond to the Govcrnmcnt's action w'ithin fifteen ( 15) days of the determination, Upon written request. the Company will providc thc Union. in a timely manner. with al1 information cl1nceming. the removal lhat lhe) l1la) h:g.ull)- rclca::,c. and \\ ill pru\:id~ lhe Uniull \\ ilh all) rd~HUll infurmaliull cltuccJ'lling. th~ prupl.!r UO,'cl11l1lcnt point of contact and their contnct data. The "linnl decision" on the cmployce's rCI11(wnl shall be dctelll1ined by the Government.

SECTION 5.2 GENERAL PROVISIONS

A. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish th~ mu:\illllllll timc al1l)\\ cd for the presentation and processing of a grie\ aIlCC, The term "days" shall not include Satllrdu)~. Sunda) SOl' hoi ida) s \\ hCll used in this !\11ick.

B. Should the Company. the Union. or the aggrieved employee fail to comply with the time limits as set forth in this A11icle. the pmty who failed to comply with the time limits. excluding events beyond the patties' control.

shall pay the full cost of the Arbitrator and the Meeting Room.

SECTION 5.3 GRIEVANCE PROCEDURE

A 11 grievances shall be presented and processed in accordance with the following procedures:

A. Informal Step -The parties shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Union agree that the Employee will first discuss the complaint with their immediate supervisor (not in the bargaining unit). within eight (8) working days of the incident being grieved. to start the informal procedure. If the infonnal procedure is not invoked within eight working days of Employee's

UGSOA IU, UGSOA local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 17 knowledge of a grievable issue. then it is agreed by both pal1ies that no f1ll1her action can be taken. It: during the course of this discussion either the Employee or the supervisor deems it desirable. a steward or other Union representative will be called in.

B. Step One - If the matter is not resolved informally. the Employee shall. not later than ten (10) days aner the informal discussion with the immediate supervisor. set forth the facts in writing. specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee and the union representativc.

and shall be submitted to the Contract Manager or designee with H copy to the Company's Director of Human Resources. Thc Contract Manauer or desi gnce shall ha\'e ten ( 10) days from the date the gricvance \\ as prcscnted to return iI d~l.:'isioll iJ~ \\ riling \\ith a l'Opy to the aggric\ cd -Employce Hud (hc llI~ion representati\ c.

l'. Sh'P T" 0 - rr th~' gri~'\ tllll.:e j", Illll ~t.·tt led in Stcp ()I1t.'. lht.' grie\ :1I1~t.' I\la~ be appeah..·d in \\ rit ing Itl tht.' l"1)mpaJl~ ..... I )ir~·l.'hH" l)r I I II 111:1 n Rl'!,\I)lIn:~'~, II" dc~igll~·l.· 11\11 lakr 111lI1l t~Jl ( I ()) da~" Irlllll thl.· lit'nial h~ thl.· (nllll'at.·1 :'\ l<1nag~'r llr (.k~iglh:l.'. Till' Dirt.'l·\l)1' llf II1IJIllln RL'",ulIn:L':. nr d~:-.igl1~~' \\ ill ha\ t.' kn ( I 0) da~!-> rrl'lll Iht.' dal~ tht.' gri~\ :lJh':~ \\ as prl.'sl'nkd III r~tllrn a (k~i!'iioll. in \\ rit ing. \\ iTII a lXlp~ ll) th~' aggrit.·, cd Ell1ph)~ \..'l.' and th~' union n.:presentat i\ c.

D. Grienlncc for Discipline - An~ gl'ie\ance involving discharge or other disciplin~ may be COlllmenl.:'ed at Step One of this pl'()l.:'t!dlln.~. The \\rilten grie\anee shall be pr~sentcd to the Contmct Manager through the Sitl' Supcnisor or desig.nee \\ ithin eighteen (18) da~ s after the occurrence of the facts giving. rise to the Grienl1lce.

SECTION SA ARBITRATION PROCEDlIRE

Grievances processed in accordance" ith the requirements of Section 5.3 that remain unsettled may be processed to arbitration b) the Union. giving the Company's Director of 1-lul11Hn ReSllllrccs \\riUen notice of its desire to prol.:'eed to arbitratinn not later than filtcl.!n ( 15) da~ s after rejection llf thl.:' grk\ i.lIl~e in St~p T" o. Gric\ ances \\ hidl ha\ c be~Jl l')J'ol.:'essed in 4ll.:'cordance \\ itl1 the requirements of Section 5.3 which remain unsettled shall he prol.:'l!ssed in accordance with the tl)lIowing procedures and limitatiolls:

A. S~lcctiol1 of au Arbitnltor - \Vi lhin Ji liccn ( 15) Ja)!) lIr l'ct.:~iplllr the Un iUJl'!) \\ dUcl} IhJticc tll pl'llt.:ced \\ ilh arbitmtion. thc Company and the Union will meet telephonically t().iointl~ attempt to agrcc upon the selcction of a neutral arbitrator. If: within tifteen (15) days. the parties fail to agt'ee upon the selection of an arbitrator.

the 1 Inion will reqlJe~t the American Arhitmtion Association (AAA) to supply a list of arbitrators. An arbitrator \\ ill he selected ii'om the list supplied by the AAA by parties alternately striking ti'o1l1 the list until olle ( I ) name r~llla ins. and lh is ind i\ idual shall be the arbitrator tll ht!HJ' th~ grievance.

13. Decision of the A.·bitrutOl· - Thl.! arbitrator shnlll.:'l)mmencc the hearing at thc curliest possible date. The decision of the arbitratnr shall be linal and binding upon the panics to the Agn:ement. An) decision shall be complied with. without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to. subtract from. or modify any of the tenns of this Agreement. If the decision of the Arbitrator is not complied with within fifteen (15) days of the decision the losing side shall be liable for attorney and cOlllt costs to enforce compliance including through the courts.

absent an order ti·om the U.S. Marshals Sen,ice or unless the Company tiles a written request for clarification.

then the Company \\-ill comply within fifteen (15) days of receiving the claritication.

C. Arbitration Expcnse - The arbitrator's fees and expenses. including the cost of any hearing 1'00m~ shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible tor its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration.

Any other expenses! including transcript costs. shall be borne by the party inclIlTing stich expenses.

UGSOA IU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 Page 18

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 ( I ) Employee at the Informal Step of the grievance procedure. .

SECTION 5.6 INDIVIDUAL GRIEV ANCES

No indi\ idual nHl~ 1110\ 1..' a gri~\ allc~ t\l arbitratioll.

ARrlCLE ()

DISCIPLINE

SECTION 6.1

After completion of the probationary period. as specified ill Section 1.5. no Employee shall be dismissed or slispended withoutjllst calise. Just cause shull include any action or order ofremo\'al of an employee from working under the contract b~ th~ U.S. Gl}\ crnmenl. or 1"C\·ocation of r~qllired CSO credl.!ntials b~ the USrvfS under the rClllo\ all)f Contractor ~Illployce pnn ision ill Sect ion lJ-J of the Contract bet" een the US Marshals Sen· icc and ERIS Scclll·it~.

Illc.

Any tcmporal) or permanent removal of an cmployce by dctermination of the Govcrnment as dt:'!scribl!d in Section H-J of the Contract shall not become permanent \\ ithout requisitl.! notice to thc cmployee and the opportunity pro\·idl.!d for the employee to respond to thc GO\ ernmcnt's action within fifte~n (15) days of the determination. Upon \\Tinen request. the Company will provide the Union. in a timely manner. with all information concerning the removal that they may legHl1y release. and \vill provide the Union \\"ith any relevant inf(l11l1ation concerning the proper (jll\CnmlClll puilllllf COlllucl and tltd .. Cllillacl dala. The "linal dcd~ioll" 011 the clllplo)t:'!I!'~ l"\!lllo\ul ~hull be determincd b~ the (jovernment. and the Employer shall be held harmless by the Union and th~ employee ti:)J' an~ fmihet· claims made after this final determination. This provision is not intended to limit or prohibit the rights of any p:u-ty to seek reliefthml other pm1ie5.

The Company's contract \\·ith lh\! U.S. Gu\'el'llmenl sets oul perllmnance slandurds illr the CSOs in Section C of the Contract between the Company and the USMS. the Company and all Employees are required to comply with these standards. These performance standards. the USMS Deadly Force Standards and the US Title 18 Domestic Abus~ and Violence polk) \\ ill be isslIl.!d to I.!uch Employee and must be signed. ackno\\ Il.!dging receipt. b) the [1111'\0) e~ and may be updated by the Company each year. Employees agree to comply with any express non-disciplinary directive issued by the Government.

SECTION 6.2

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S. Government or Company standards as described in this Al1icle. It is recognized by parties to this Agreement that progressive discipline generally shall be applied in dealing with Employees. However. it is also recognized that oftenses may occur for which progress discipline is not applicable. Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. All discipline shall be subject to the grievance and arbitration procedures.

except fOJ'those issues involving the USMS rights under Section H-3 of the 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

UGSOA IU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011·03.31.2014 Page 19 slIspension may be considered tl)(, 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 occurred.

SECTION 6.3

The Company agrees to notit).- 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.

AI/ investigatiolllllllst be completed within thirty (30) \\orking da~s. The Company shall provide the Union with the results of the investigation as soon as it is complete.

ARTICLE 7

HOt:RS OF \\ OR!\: AND O\,ERTli\,IE

SECTION 7.1 \"ORKJ>A Y A.Nn 'VORK\VEEK

Forthc purposes of this Article. a n:gulal' \\ork\\et:k Ofr0l1~ HO) hours of\\ork. excluding lunch periods. shall constitute a normal full-timc \\ork\\cek for full-time Employees. Shifts shall be scheduled at the discretion of the Employer to fulfill the nceds of the U.S. (Jon:rnmenl. Per the National Lab0r Relations Act. changes in shifts Illllst be ncgotiated with the Union prior to impk·I11t.>llI:ltioll orany SUl:h dwngl's. Nothing l:ontHincd herein shull guarantee to any Emplo~ cc any number of hnurs of \\ork pCI' da~ or \\ cck.

SECTION 7.2 OVERTIl\'lE

An overtime rale of time und ollt:-half( I 1/2) of an Employee's base nlte of pay (~xclusi\c of health and \\dfare and other fj·jnge additions to pa~) shall be paid for all hOlll's paid in cxccss orfOt1~ (40) hours ill a \\nt'k \\eck. Once posted. work schedulcs shall not be amcndcd for the sole purpose to mitigate worked overtime unless at the written direction of the Government.

SECTIOl' 7.3 OVERTI~lE REQUIRElVIENT

If directed to work overtime or extra hours. and the seniority system is not invoked due to shortness of notice to the Company. the Employee shall he required to do the work. ul1less the Employee is excused hy the Company for g00d cause.

SECTION 7.4 OVERTIME DISTRIBUTION

A. O\'crtimc \\ ill be offercd b) Scniorit) (\\ ithin the \\l)rksitc) UI1 a rotating. basis. O\crtimc \\ ill be distributed as equitably and fairly as practicable among Employees.

B. Managers cannot be assigned to cover CSO ovel1ime positions or posts except in emergency situations.

SECTION 7.5 REST PERIODS

There shall be two (2) fifteen ( 15) minute paid rest periods and one (I) thirty (30) minute unpaid lunch period for each eight (8) hour shift. These rest periods require that the Employee be properly relieved before leaving their post. One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. On occasion. due to exceptional work requirements. Employees may have to work through their unpaid lunch breaks and/or paid rest periods, and. i1'50. they wil1 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.

UGSOA lU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 110

ARTICLE 8

WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 CALL-IN PAY

An Employee called in to work will be guaranteed a minimum offollr(4) hours ofw(lrk. or if four (4) hours of work is 110t availahle. \\ill be paid for a minimum offollr (4) hours time. Call jn js defined as anytime a CSO is required to report to duty for an) business related function.

SECTION S.2 \\'AGE SCHEI>lILE rhc ha~c nth: llf pa~ for l"lltlrt SI..·t:lIrit~ (Hlil..'l..'r:'\ and l.l:t1d es()" ill .111 locmil)Jl-.. an: de~l:ribl..·d ill Appl..'lllli'\ t\ "l'lhi AgrCL'lIh:nt.

SECTION 8.3 PA YD;\. Y

Payday for all hourly Employees \\ ill be by 3 pill 011 the Mondny following the t\\O (2) week pay period ending on Saturday. subject to change hy Illutllal agreement. The Company has direct deposit nvailnhle.

SECTION 8.4 UNDISPtlTED ERROR

In ca:-oe: or an undisputed error llll the: pal1 of the l:oJl1pun~ a~ to un Ell1plll~ ee's rate: of pa~. pnlpcr ad.ill~tml..'llt \\ ill be made in the next paycheck nHer the error has been brought in written foml to the Company's attention. Any CIH1J'.

involving eight (8) hours ofpa) or m{lr~. "ill be corr~cted and paid \\·ithin three (3) working da)s.

SECTION 8.5 LEAD CSO RATES

Current and additional Lead CSOs added to the contract. will be paid the LCSO wage. In the case where there are Illllhipl~ LCSO v.ag.\!~. the additiunal 1...CSO \\ ill b~ paid at the: I\)\\:t:!st LCSO \\ age for the :,itt:! ur IUl:atioll \\here lhl:!~ nre assigned.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

Whenever the teJ111 IIholiday" is uscd. it shall mean:

New Years Day Veterans Day Christmas Day Thanksgiving Day Memorial Day Day after Thanksgiving

Independence Day Columbus Day Labor Day Mal1in Luther King Bilthday Presidents Day Day before Christmas

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

UGSOA IU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 111

SECTION 9.2 MISCELLANEOUS HOLIDA Y PROVISIONS

A. A full-time positioll Employee who is not r~quired to work on a holiday shall be paid eight (8) hours straight time. exclusive of any shiti premium for that holiday.

B. Any full-time position Employee \\ ho works as scheduled on a holiday shaH receive the Employee's appropriate I'Clte of pay for all hours work~d. and in addition. shall receive eight (8) hours holiday pay at the straight time rate as described.

C. A shared position Elllplo~ cc \\ 110 docs not \\ ork l)ll a holiday shall rcceh c prorated holiday pay hased on the Illllnher (lfactual hnurs the Ell1pl"~l:l: \\()rked in the \\ork\\cek prior h) the \\ork\\cl:k in \\hich the Holida~ nI:Cllr

D. ;\1l~ ~harcd I)t)sitinn I :Illpl()~ .... c \\ Ih' \\ l)l·k:-. a:-. :-.chcduled Oil a hnlida~ slwll n:\,;ei\ l' the El1lplo~ ~~'s approprime ral~ ofpa~ fllr all hours \\orked. ami ill addition shall n:l:ciH' pl"l)ratl'd Ill)lida~ pa~ as dl:scribed abo\c.

E. In the C\CIH thut thc Illllidu) t~llls un a \\cckcnd. the term "holiday" \\ ill refer to the da) that the U.S.

Government designates as the Holida~.

ARTICLE 10

VACATIONS

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES

FlIlI-til1l~ Elllplll~ ~t:s shall h~ ~ntitled to anlllla I \ acation has~d 011 thdr clllltinllOl1S ~ ears or S~I'\ ice \\ itll the Elllpllly~r (based 011 the Emplo) eel: annivcrsaf) date of employment) CIt their indi\'iduul houri) rnte of pa) nt the lime payment is made in accordance with the following schedule:

Upon eumpictil>llllf ulle (I) )car ur !)en icc:

Upon complction of fin: (5) yenrs ofsel'\'icc:

Upon completion often () 0) years of service:

ll1'on completion of fiftecn ( 15) YC(lrs of scrvice:

eight)· (SO) hul1\'!)

onc-hundl'cd :md t\\cnty (I~O) hours one-hundred and sixty () 60) hours two-hundred (:200) hours

SECTION 10.2 ELIGIBLE SHARED POSITION EIVIPLOYEES

/\. Eligible shared positioll Emplo) ecs shall be cntitled to pro-rated \3cation pCI' the schedulc contained in Sccti()1l 10.1. based on: their indh idual houri) rate. the number of houl's paid in the prcdolls year. and the Employee's anniversary date. A minimum of one-half the fulltime benefit for Employees who have been paid for at least 1040 hours in the previous year.

B. Any Employee who works a full anniversary year. in part as a full-time position Employee and in pal1 as a shared position Employee. shall receive prorated vacation benefits for that year as calculated in SECTION

10.2. palt A (per the Service Contract Act).

SECTION 10.3 SCHEDULING VACATIONS

Vacations, insofar as reasonably possible. shall be gl'anted at the times most desired by the Employee. after the Employeels anniversary date. Vacation schedules shall be posted.

UGSOA lU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age /12

SECTION ]0.4 PAY OPTIONS

Earned \'acation pay may be requested at anytime nnd will be paid in the next pay cycle. Earned vacation \\ ill remain available without pay.

SECTION 10.5 UNUSED VACATION

Vacations shall not bc cllmulativc from one year to the next. Any earned but ulllised vacation time remaining at the end of a )ear of service (based on Emplo) cc~s annivcrsary datc l;r cmployment) shall be paid to rhe Emplo) ;e.

SECTION 1 U.e, TERMINATIN(; F.l\1PLOYEES

(Ipllll tt'nnillati~\n lll\:ll1pll\~ mellt. 1·,lllpln~ \,..\,. ..... \\ ill h~ )'laid at tlll'ir indi\ iduallwurl) rall' "1I.:ati~)1l1illle.! t'i1rn~c.1 :I~ t)r lh~ir last alllli\l,.:r:-.ar~ dat~. but Iwt lIs~d. as ~ntitle.!d b~ the.! Sl...'n ice.! l'ontrm:l .'\1...'1. (l:~all1ph:. An L:.Jl)pll)~"'1...' "hl) t~nnill:ltes t)lle IlHlnth inll\ th~ l1e\.t :lIlnhe.!rsar~ year i~ entitled tll an) prthl...' pre\ k)\lS ~ear's ~arned aCl...'l'l1ed \:lcatillll 110t all'cad~ lISl...'ci. and Ill't tll the additional month al...'crlled in the 111...'\\ anni\ el'snr~ pL'l'illd).

SECTION 10.7 VACATION - LAID OFF EMPLOYEES

Length of SCI'\' ice \\ ith the Employcl' shall nCe.!rllc for the purposes of'Hcation benefits \\hile All r:l11plo~ee is 011 laid-l)fr status for lip to olle ( I ) ~ ~ar. Emplo~ el...'s \\ illl)nl~ be paid \ acation benefits \\ h~n lh~'~ are \\ orl\ing.

SECTION 10.8 VACATION INCREMENTS

Consistl!nt \\lth Employer approval. efJici~Jlc). a11d economy or llperalions. EIllPlllY~~S nUl) taf..e thcir \'al:ution ill segmcnts of Il!ss than lln~ ( I ) \\ t'~k each. hut not less than four (..J.) Illllll' increillents.

ARTICLE 11

LEAVES OF ABSEi'iCE

SECTION 11.1 LIMITATIONS

Personal leaves of ahsence 1c)1' non-medical emerg.encies ma~ he granted at the sole d iscrction of the Employer \\ itllOul loss of Sel1il}rit~ III lh~ 1::'lllployee. Such Ic:a\'~s. i r granted. art' not to e~ceed 30 da)~. lInlt'~s a special extension is approved by thc Employer. Length of sen'ice with the Employer shall not accrue for pllrposes of \ acation. holida). or other accrued benefits n,)r an) unpaid lcm'c of absencc o\,er 30 da) s. Thl! Emplo) 1...'1' \\ ill Illakl...' C\CI') rl!asonable ~rrort to maintain an Emplo) ee's position whil\! 011 a non-statutO)) unpaid Ici.l\e of absence. It is acknowledged by the Union that under USMS eso contract. the Employer is not permitted to hire additional (reserve) or temporal), Employees to provide work coverage dU1;ng Employee absences. Unpaid leaves of absence may be taken only with written approval of the Employer. or in a case of verified personal emergency.

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

SECTION 11.2 MEDICAL LEAVE

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

UGSOA lU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 113

B. The Company agrees to honor the FMLA for all Employees. regardless ofth~ number ofcmployces in a tifty mile radius. The Company will not force Employees to lise any available paid leave prior to taking a FMLA lea\'~.

C. During medicallea\ e. the Employee shall be required to furnish a report from the doctor when requested periodicall) b) the Employer. Upon thl! expiration of said leave. the Employee shall furnish the Employer with a statement. signed by the doctor. which establishes the iitlless of the Employee to rctul11 to the Employee's pre\· jOltsly held \vork.

D. If the Elllplo~ec lilt's tll!' medicalle(l\l! 011 I:lbl! prl!te~t or \\llrks il)\' al10ther cl1lpl(l~er \\ ithout prl!-~'1I1horizati{1Il Ihllll till' I.:(llllpan). the EIllJlhl~ l!e \\ ill he relllO\ t'd th)J1l the eso pn'gralll lind 1'1'0111 L'Jllpl{'~ 1111 .. '111 \\ illl Elllpl(l~ l'r.

SECTION 11.3 i\lILITARY LEAVE

An Employee of the COlllpan~ \\ Ilo is al.:thated or dralied inhl all~ hram:h of the armed forccs l,f the United Statl!s under thc provisions ofthc Sl!h:cti\c Scn icc Act or thc Rescl'\c Forces Act shall be granted an unpaid militm) lcaH~ of absence. as r~qllired under the federal law. for the time spent in full-time active duty. The period or stich leave shall be determined in accordance \\ ith applicable federalli\\\ s in effect Ht the time of stich leave.

SECTION ll . .t llNION LEAVE

A union President and llllC dell-gUll' \\ ill be granll'd an unpaid lea\~' nf "hs~llec ttlr a Jl1a~illllllll of ~e\ cn da~ s upon written request for the purposc of attending Union conventions or other meetings of vita I interest to the Union as long as staffing requirements permit. More time \\ill be granted uponlllutual agreement beh\l~eJl the Company and the Union.

SECTION 11.5 J>El~SONAL/SICK LEA YE

Cu .... ent ami Continuing th .. ough iVlaJ'ch 31, 2012

RATE OF

START DATE

PERSONA L/SICK

LEAVE ELIGIBLE TO

USE

Date Employee begins \\ orking on the contract, FULL-TIME SHARED POSITION based on an October I contract start date.

October 1 - 3 1 48 hours 24 hours November 1 - 30 44 hours 22 hours December 1 -31 40 hours 20 hours January I - 3] 36 hours 18 hours February 1 - 29 32 hours 16 hours March] - 31 28 hours 14 hours

A. Each full-time E111ployee shall be eligible to use a nlaxitnum of six (6) days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin

UGSOA lU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 114 enlployment after the inception of the contract year will be eligible to use a prorated alnount of personal leave. based on the above Personal/Sick Leave Table.

B. Personal leave may be taken in not 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 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 ful1-thl1e hours (1040 hours) will receive additional prorated personal leave based on the number of hours the Employee \vas paid during that contract year.

D. Unust!d personal days shall not he cumulati\'e tl'om year to year. Any unused. eallled personal leave will be paid to the Elnployee at the end of the contract year.

E. Upon ter111ination of employment. Employee will be paid at their individual hourly rate for any unused. earned personal leave. based upon the number of hours the Elnployee was paid during that contract year. If the Elnployee has lIsed more personal leave than he/she earned based upon time paid on the contract. the &110unt of the overage wiJl be deducted ti'onl the Employee's final paycheck.

F. Personal leave (and vacation) days may be used to cover absences caused by illness. Any Elnployee who is unable to report to work because of sickness nlust notity the Enlployer 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 allotment as of April 1. 2012: there is the requirelllcnt of a onctiIlle transition period. On or about April 1. 2012 there \\ill be a requirement t()r a reconcile of the used conlpared to earned personal/sick leave (i.e. employees working as of October 1, 20 I 1 and continuing in service through March 31 ~ 2012 will earn credit for 14 hours of leave as a full timer and 12 hours of leave as a share thner. employees that use more than this accrual will need to reiInburse the Enlployer for the overage in the event of a contractor change or deduct from the new al10tment in the event of the Enlployer continuation).

EFFECTIVE April 1, 2012 and continuing

RATE OF

START DATE

PERSONAUSICK

LEAVE ELIGIBLE TO

USE

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

April 1-30 72 hours 36 hours May 1 - 31 66 hours 33 hours

UGSOA IU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 115

June 1 -30 60 hours 30 hours July 1 - 31 54 hours 27 hours

August 1 - 3 1 48 hours 24 hours September 1 - 30 42 hours 21 hours October 1 - 3 I 36 hOllrs 18 hours

November I - 30 30 hours 15 hours December 1 - 31 24 hours 12 hours Januarv 1 - 31 18 hours 9 hours February 1 - 28 12 hours 6 hours

March 1 - 31 6 hOllrs 3 hours

H. Each full-tim(! Employee shull he eligible to use a maximum of nine (9) days personallca\'c at the beginning of each 12-l11onth Go\,crnment contract ycar \\'orked. Employees who begin employment after the inception ofthc contract year will be eligible 10 use a prorated amount of personal leave. based on the above Personal/Sick Leave Table.

I. Personal leave Inay be taken in not less than two (2) hour incretnents 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 titlle personal leave per filII contract year worked. At the end of the contract year. any shared position Employee who was paid 1110re than half the tull-titne hours ( 1040 hours) \\-·'in receive additional prorated personal leave based on the number of hours the El11ployee was paid during that contract year.

K. Unused personal days shall not be cumulative ti'om year to year. Any unused. earned personal leave will be paid to the Enlployee at the end of the contract year.

L. Upon termination of ell1ployment. Employee will be paid at their individual hourly rate for any unused~ earned personalleave~ based upon the number of hours the Elnployee was paid during that contract year. If the Employee has used more personal leave than he/she earned based upon time paid on tht! contract. the amount of the oycrage will be deducted fr0111 the Eillployee's final paycheck.

M. Personal lea\'e (and vacation) days may be used to cover absences caused by illness. Any Enlployee who is unable to repOli to \vork because of sickness must notif)' the Enlployer at least two (2) hours prior to the beginning of his/her shift in order to be eligible tor paid persona] leave benefits. Proof of illness may be required.

SECTION 11.6 PROCESSING UNPAID LEAVES OF ABSENCE

The EmpJoyer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. An unpaid leave of absence mllst 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 at least ten (10) calendar days prior to the date the leave will take effect. except in cases of verified personal emergencies. and include:

I. The reasons for slich leave:

UGSOA IU, UGSOA Local 165 with ERIS Security, Inc., 04.01.2011-03.31.2014 P age 116

.., The effective dates of slIch leave:

3. The estimated date of return to work.

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

B. The written request for leave ofabsellce shall be submitted to the Contract Manager by the Site Supervisor for tinal approval. If the request for the leave of absence is approved by the Contract Manager. a copy of the approved leave of absence will be given to the Employee jJl\/olved.

C. Extensions oflhe lean! ofahsence J1Ht~ be granted at the sole discretion of the Ell1plo~er. upon written request h~ the Ell1plo~ ee \\ ithin ten ( 10) calendar du) s prior to the expirati<')Il of the k'Cl\ l! of abscnce.

E\.tcJ1~i<.)Jls \\ hell grallt~d ~hall not total morc than thi11~ (JO) da~ s.

SECTION 11.7 GENEH.AL PROVISIONS

Seniority shall accumulate during the period of nn~ Clppron~d leaH~ of abscnce subject to the prm'isions of this Agreement.

SECTION 11.8 JURY DlITY

Thc Compall~ \\ ill comply \\ itll all State and Federal regulations regarding Employces' service for jllr~ duty.

Empll)yees \\ ill recei,'c their regular rate of pa~ minus an) pa~ rccei\ed from the COllrts for any required attendancc days.

SECTION 11.9 BEREAVEMENT LEAVE

A. If it is ncccssaJ)' tix an Employee to lose time from work because of a death in the immediate family. whether the family member lives in or Ollt of their local state. the Employee shall he entitled to up to five (5) days paid leave of absence per contract year at their straight-time rate of pay. Immediate family is defined to mean an Emplo) ee':, :>pllu:,e. futher. muther. bn,)lh~r. ~i:>lcr. l:hilJren (induding. legall) Hlk)Pl~J chilJrcJl. ti.)~lcr children and/or stepchildren). father-in-law. mother-ill-Ia\\. grandparents. grandchildren. sister-in-law.

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

B. lhe I:mployer may require proof of the death 1(.)1' which (til Employee requests a paid Icave.

ARTICLE 12

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 pnid lip to forty (40) hOllrs per week. and up to a total of2080 hours per contract year. as described in Appendix A.

SECTION 12.2 OTHER BENEFITS

The Employer…