Exhibit 01 - USHMM CBA (2020-23).pdf

COLLECTIVE BARGAINING AGREEMENT

By and Between

Centerra Group, LLC, a Constellis Company

And

International Union, Security, Police and Fire

Professionals of America & it’s Amalgamated Local 222 at the

United States Holocaust Memorial Museum

Washington, DC

October 1, 2020 – September 30, 2023

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 - RECOGNITION

Section 1.1. Recognition

Section 1.2. Miscellaneous

ARTICLE 2 - PROBATIONARY PERIOD

ARTICLE 3 - UNION SECURITY & CHECK OFF

Section 3.1. Union Membership

Section 3.2. Good Standing

Section 3.3. Union Request for Discharge

Section 3.4. Right to Work

Section 3.5. Dues Deduction & Remittance

Section 3.7. Indemnification

ARTICLE - 4 MANAGEMENT RIGHTS

Section 4.1. Management Rights

Section 4.2. Management Rights Retained

ARTICLE 5 - UNION REPRESENTATIVE

Section 5.1. Access

Section 5.2. Union Business during Worktime

ARTICLE 6 - UNION STEWARDS

Section 6.1. Recognition of Stewards

Section 6.2. Steward Compensation

Section 6.3. Union Leave

Section 6.4. Miscellaneous

ARTICLE 7 - WAGES

Section 7.1. Wages

Section 7.2. Paydays & Direct Deposit

Section 7.3. Shift Differential

ARTICLE 8 - HOURS OF WORK, OVERTIME, & TEMPORARY ASSIGNMENTS

Section 8.1. Hours of Work

Section 8.2. Overtime

Section 8.3. Temporary Assignment

Section 8.4. Instructor Designation

Section 8.5. Miscellaneous

ARTICLE 9 - HOLIDAYS

Section 9.1. Designated Holidays

Section 9.2. Payment for Holidays

Section 9.3. Holiday during Paid Absence

Section 9.4. Miscellaneous

ARTICLE 10 - PAID SICK LEAVE

Section 10.1. Accrual

Section 10.2. Usage

Section 10.3. Provision of Doctor’s Note

Section 10.4. Provision of “Fit for Duty Form”

Section 10.5. Miscellaneous Provisions

ARTICLE 11 - VACATION

Section 11.1. Vacation Accruals

Section 11.2. Scheduling Vacation

Section 11.3. Vacation Calendar

ARTICLE 12 - CALL IN & REPORTING PAY

Section 12.1. Reporting for Scheduled Duty

Section 12.2. Unscheduled Work

Section 12.3. Reporting for Duty and Not Needed

Section 12.4. Stand-by

ARTICLE 13 - SENIORITY

Section 13.1. Determination of Seniority

Section 13.2. Loss of Seniority

Section 13.3. Accrual during Layoff

Section 13.4. Vacancies

ARTICLE 14 - LAY-OFF & RECALL

Section 14.1. Layoff

Section 14.2. Recall

Section 14.3. Miscellaneous

ARTICLE 15 - GRIEVANCE & ARBITRATION

Section 15.1. Grievance

Section 15.2. Timeliness

Section 15.3. Grievance Steps

Section 15.4. Appeal to Arbitration

Section 15.5. Arbitrator Selection & Hearing Timeline

Section 15.6. Arbitration Expenses

Section 15.7. Arbitrator Authority

ARTICLE 16 - EXAMINATIONS

Section 16.1. Nature of Examinations

Section 16.2. Payment for Examinations

Section 16.3. Scheduling

ARTICLE 17 - UNIFORMS & EQUIPMENT

Section 17.1. Uniform Issuance & Appearance

Section 17.2. Return of Uniforms

ARTICLE 18 - LEAVES OF ABSENCE

Section 18.1. Unpaid Leave of Absence

Section 18.2. Returning from an Unpaid Leave of Absence

Section 18.3. Miscellaneous

ARTICLE 19 - BULLETIN BOARD

Section 19.1. Bulletin Board

Section 19.2. Distribution of Other Materials

Section 19.3. Objectionable Postings

ARTICLE 20 - JURY DUTY & BEREAVEMENT LEAVE

Section 20.1. Jury Duty

Section 20.2. Bereavement Leave

Section 20.3. Miscellaneous

ARTICLE 21 - DISCIPLINE & DISCHARGE

Section 21.1. Progressive Discipline

Section 21.2. Serious Misconduct

Section 21.3. Miscellaneous

ARTICLE 22 - GENERAL PROVISIONS

Section 22.1. Employee Contact Information

Section 22.2. Using Non-Bargaining Unit Personnel

Section 22.3. Breaks

Section 22.4. Access to Personnel Files

Section 22.5. Incentives

Section 22.6. Museum Closure

Section 22.7. Delay in Reporting for Duty

ARTICLE 23 - SAVINGS CLAUSE

ARTICLE 24 - COMPLETE AGREEMENT

ARTICLE 25 - SUCCESSORS & ASSIGNS

ARTICLE 26 - EMPLOYER REGULATIONS & CLIENT SUPREMACY

Section 26.1. Employer Regulations

Section 26.2. Client Supremacy

ARTICLE 27 - DRUG & ALCOHOL POLICY

ARTICLE 28 - TRAINING & RE-QUALIFICATION

Section 28.1. Weapon Qualification

Section 28.2. First Aid & CPR

Section 28.3. Maintaining Required Licenses(s)

Section 28.4. Physical Agility Test

Section 28.5. Miscellaneous

ARTICLE 29 - NO STRIKE-NO LOCKOUT

Section 29.1. No Strike

Section 29.2. No Lockout

ARTICLE 30 - LABOR MANAGEMENT COMMITTEE

ARTICLE 31 - HEALTH & SAFETY

Section 31.1. Health & Safety

Section 31.2. Protective Equipment

Section 31.3. Miscellaneous

ARTICLE 32 - HEALTH & WELFARE ALLOWANCE AND PENSION ALLOWANCE

Section 32.1. Health & Welfare Allowance

Section 32.2. Health & Welfare Benefit Program

Section 32.3. Miscellaneous

Section 32.4. Pension Allowance

ARTICLE 33 - SUBCONTRACTING

ARTICLE 34 - DURATION OF AGREEMENT

SIGNATURE PAGE

PREAMBLE

This Agreement is made and entered into on this 1st day of October, 2020, between Centerra

Group, LLC, a Constellis Company hereinafter referred to as the “Employer,” and International

Union, Security, Police, and Fire Professionals of America (SPFPA) Amalgamated Local 222, hereinafter referred to as the “Union.”

The pronoun (his) used in this Agreement is equally applicable to the masculine and the feminine gender.

Unless otherwise noted, any economic or non-economic changes related to this Agreement are effective as of October 1, 2020.

Definitions

Active Employee: An individual who is not on any type unpaid leave of absence.

Agreement: This Collective Bargaining Agreement between Centerra and International Union, Security, Police and Fire Professionals of America (SPFPA) and its Amalgamated Local 222, detailing the terms and conditions of employment and expectations of each party, one to another.

Business Days: Monday through Friday, excluding holidays.

Base Wage Rate: The negotiated rates of pay as set forth in Article 7 of this Agreement.

Call-in: Anytime an employee is required to report to duty when he/she is not scheduled to work.

Client: United States Holocaust Memorial Museum.

Contract: Contract #95476-19-C-0001 between the Client and the Employer, for the provision of security services at various facilities throughout greater Washington, DC metropolitan area.

Contract Manager: Senior Employer representative responsible for the day-to-day management of the Employer’s contract with its Client.

Date of Hire: The date an employee is hired to work on this contract by the Employer, or by a predecessor employer performing similar services on this contract.

Disciplinary Action: Discipline administered as prescribed within the Employer disciplinary policy.

Employee: A Protective Security Officer referenced throughout this Agreement.

Employer: Centerra Group, LLC, a Constellis Company.

Full-time Employee: An employee designated by the Employer as full-time and regularly scheduled for a thirty-two (32) hour workweek or more.

Grievance: An action filed by the Union or an employee concerning an alleged violation, misinterpretation, or misapplication of any provision of this Agreement.

Holidays: Those days specifically designated in Article 9.

License(s): Documents issued by Federal, State, or Municipal authorities allowing an Employee to perform security work in a certain jurisdiction.

Overtime: Wages paid at the rate of one and one-half (1½) times the employee’s base wage rate referred to in Article 8 of this Agreement, for all hours worked in excess of forty (40) hours per workweek.

Part-time Employee: An employee designated by the Employer as part-time and regularly scheduled for less than thirty-two (32) hours per workweek.

Probationary Employee: Any newly hired employee shall be deemed to be on probation for a period of ninety (90) calendar days from their first day standing a productive post.

Productive Post: Any post by which an employee is providing direct support to the Client. This includes TAS, relief post, and normal staffing.

Regular Hours: All hours worked and paid at the base wage rate of pay, up to forty (40) hours per workweek, while staffing an authorized billable post.

Straight-time Hours: Straight-time hours include regular hours worked and paid at the base wage rate, vacation taken, paid sick leave/personal taken, training hours. Straight-time hours do not include, hours paid at overtime, or cash out of paid sick/personal time (“cash-in-lieu”).

Seniority: The priority of, or precedence achieved by length of service since employee’s date of hire by the Employer, or any predecessor Employer.

Union: International Union, Security, Police and Fire Professionals of America (SPFPA) and its

Amalgamated Local 222.

Workday: Any day, Sunday through Saturday, including holidays, which an employee may be required to work.

Worksite(s): The actual facilities in which work activities are performed in support of the

Employer’s contract with its Client. The Employer will designate worksite locations in conjunction with the contract for full and part-time employees.

ARTICLE 1 - RECOGNITION

Section 1.1. Recognition

The Employer hereby recognizes the Union as the exclusive bargaining representative with respect to rates of pay, hours of work, and other conditions of employment for all full-time and part-time armed Protection Services Officers, and Console Operators employed by the Employer at the United States Holocaust Memorial Museum (“USHMM” or “Client”), 100 Raoul

Wallenberg Place, SW, Washington, DC, Shapell Center, 4800 Marconi Drive, Bowie, Maryland, or any other location in which the Employer performs security functions under its contract with USHMM, but excluding all other employees, including office clericals, shift supervisors, field supervisors, assistant project managers, and any other supervisors as defined in the National Labor Relations Act. The above location is hereinafter referred to as “site.”

Section 1.2. Miscellaneous

Whenever the words “employee” or “employees” are used in this Agreement, they designate only such employees as are covered by this Agreement.

ARTICLE 2 - PROBATIONARY PERIOD

Any “newly hired” employee shall be deemed to be on probation for a period of ninety (90) calendar days from date of hire on the site. After he/she has worked such period, the employee shall gain seniority status and their seniority date shall revert to the first day the employee earned wages from the Employer for employment at the site.

During the probationary period, the employee may be discharged without recourse to the grievance and arbitration procedures.

The Employer shall notify the Union within thirty (30) days of all new employees hired and of all employees terminated, setting forth their address, social security number, job classification and department.

ARTICLE 3 - UNION SECURITY & CHECK OFF

Section 3.1. Union Membership

Any officer hereafter employed in any classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the effective date of this Agreement, whichever is later, as a condition of continued employment.

An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, whichever employed under, and for the duration of, this

Agreement.

Section 3.2. Good Standing

Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v.

General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of

America, 487 U.S. 735 (1988).

Section 3.3. Union Request for Discharge

In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that officer.

Section 3.4. Right to Work

Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive

Federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

Section 3.5. Dues Deduction & Remittance

The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet including the names, addresses, social security number, and local union number of officers and the amount of dues deducted from each shall be remitted to the Secretary/Treasurer of the

International Union (SPFPA) within fifteen (15) days after the first regular payday of the following month. The Employer will provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld.

The Employer will provide quarterly reports to the International that include officers’ name, address, city, state, zip code and current wage rates, sorted by Union Local. The Employer shall also inform The International Secretary/Treasurer, in writing, of the change of status of any bargaining unit employee, i.e. medical leave, military leave, promotion out of the bargaining unit etc.

The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the

Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

Section 3.7. Indemnification

The Union agrees to indemnify the Employer against any loss or claim, which may arise because of the Employer’s compliance with the Union membership or check off articles. In addition, the

Union agrees to return to the Employer any erroneous or improper overpayment made to it.

ARTICLE - 4 MANAGEMENT RIGHTS

Section 4.1. Management Rights

Management of the operations and workforce covered by this Agreement is vested exclusively with the Employer, except as limited by specific provisions of this Agreement. The Employer shall have sole and exclusive rights customarily reserved to management, including but not limited to, the right to:

(a) Hire, assign, schedule, lay-off, recall, promote, and demote;

(b) Discipline employees for just cause;

(c) Determine, establish, and implement new operational methods;

(d) Determine, establish, change, or continue policies, practices, and procedures for the conduct of the business and provision of services provided such are not in conflict with any provision of this Agreement;

(e) Determine and select the type of uniform and equipment, to include changing any aspect of the uniform or equipment;

(f) Reassign or relocate employees; to set the levels of satisfactory work performance, including quality and quantity of work;

(g) Set and alter the frequency of workweeks;

(h) Determine and change starting times, quitting times, schedules shifts, and post assignments of employees;

(i) Temporarily assign employees to meet the needs of the Employer and Client;

(j) Establish and change shifts, as well as the number of employees needed for each shift;

(k) Take any other measures that are reasonable and necessary for the orderly and efficient operation of its business;

(l) Make operational changes necessary to ensure compliance with Client directives

(m) Determine employee qualifications and competencies;

(n) Manage, assign, and direct the workforce;

(o) Determine the extent to which and the manner and means its business will be operated or shut down in whole or in part; and

(p) Subcontract, in accordance with Article 33 of this Agreement.

Section 4.2. Management Rights Retained

Any of the rights, power or authority the Employer had prior to the signing of this Agreement are retained by the Employer except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made. The Employer’s failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

ARTICLE 5 - UNION REPRESENTATIVE

Section 5.1. Access

The Union’s representative and/or their designees shall not be unreasonably denied access to the

Employer’s work site for the purpose of considering matters covered by this Agreement. The

Union’s business representative shall not engage in any activities, which interfere with the work of any employee covered by this Agreement. Access to the worksite must be requested no less than seven days from the desired date of visit. It is understood that all Client requirements for access must be met.

Section 5.2. Union Business during Worktime

There shall be no Union business of any nature on behalf of the Union during an employee’s working time except in accordance with the grievance and arbitration procedure.

ARTICLE 6 - UNION STEWARDS

Section 6.1. Recognition of Stewards

The Employer agrees to recognize one (1) chief steward and four (4) stewards for each shift duly appointed by the Union. Stewards shall not allow their activities as stewards to interfere with the performance of their assigned duties. A steward must obtain permission from his/her immediate supervisor before leaving the workstation to conduct Union business. However, permission to leave a workstation will not be unreasonably denied. Stewards shall act as employees first and a

Union steward second.

Section 6.2. Steward Compensation

A steward who leaves his workstation to conduct any other Union business after obtaining such permission shall clock out at the time that he leaves the workstation and shall clock in at the time that he returns to the workstation after completing such Union business. The Employer shall not compensate stewards for such time spent on Union business.

Section 6.3. Union Leave

The Employer recognizes the need for Union orientation, representation, and training. Therefore, the Chief Steward or their designee will be allowed up to forty (40) unpaid hours per contract term to attend Union sponsored training programs. Such request must be submitted in writing no later than thirty (30) days in advance, and must be supported by Union provided documentation.

Section 6.4. Miscellaneous

The Employer and the Union shall keep each other advised, in writing, of the names of authorized management and Union representatives, within 7 days of such change.

ARTICLE 7 - WAGES

Section 7.1. Wages

The Employer agrees to pay employees covered by this Agreement the following straight-time rates per hour, beginning with the first pay period after the effective date. Employees will be made whole back to the effective date of any increases:

Classification Current October 1, 2020 October 1, 2021 October 1, 2022

Protective Service

Officer $28.69 $29.48 $30.29 $31.12

Control Room

Operator $29.22 $30.02 $30.85 $31.70

Section 7.2. Paydays & Direct Deposit

Employees shall be paid pursuant to the Employer’s regular pay period times. The current payday period of the Employer is bi-weekly, every other Friday. All employees shall be paid via Direct

Deposit.

Section 7.3. Shift Differential

Employees who work between the hours of 11:00 pm to 7:00 am shall be paid an additional

$0.20 per hour worked.

ARTICLE 8 - HOURS OF WORK, OVERTIME, & TEMPORARY ASSIGNMENTS

Section 8.1. Hours of Work

A workday shall be defined as from 0001 hours until 2400 hours. The workweek shall begin at

0001 hours on Sunday and end 168 hours later at 2400 hours the following Saturday. Only hours actually worked shall be recognized in determining overtime eligibility. The pay period shall consist of two (2) workweeks. The Employer shall have the right to hold over employees until relieved and/or to require an available employee to provide coverage of the post.

Nothing herein shall be construed to require or permit the pyramiding of overtime, or overtime, or pay.

Additionally, nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per week.

Section 8.2. Overtime

All work performed in excess of forty (40) hours in the workweek shall be compensated at time and one-half (1½) the employee’s straight time rate of pay. There shall be no pyramiding of overtime pay. Hours worked on a holiday shall be included within hours worked in order to calculate overtime pay entitlement.

Section 8.3. Temporary Assignment

The Employer may temporarily assign an employee from a lower to a higher classification of work during any shift. The employee will receive the rate of pay for the higher classification for all time spent in the higher classification. An employee temporarily assigned to work in a lower classification will not have his rate of pay reduced. Employees working in this capacity understand that this is a temporary assignment not to exceed ninety (90) days. After ninety (90) days, this temporary position will be re-evaluated.

Section 8.4. Instructor Designation

Any employee who is designated by the Employer, as a “training instructor” and is required to sign/initial an employee training record attesting to training having been conducted, will receive an additional ten percent (10%) of the employee’s base wage during the period training is performed.

Section 8.5. Miscellaneous

The Union recognizes that at times the Employer may need to call in, or schedule, otherwise unscheduled employees, on short-notice, to meet staffing requirements.

ARTICLE 9 - HOLIDAYS

Section 9.1. Designated Holidays

During the term of this Agreement, the following shall be designated as paid holidays:

New Year’s Day Labor Day

Martin Luther King Jr’s Birthday Columbus Day

Washington’s Birthday Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Section 9.2. Payment for Holidays

Full-time employees who work on a holiday listed above will be paid at their straight-time hourly rate for all hours worked on the holiday, plus eight hours holiday pay at their straight-time hourly rate.

Full-time employees who do not work on a holiday listed above will be paid eight hours pay at their straight-time hourly rate, provided the employee has completed his/her last scheduled shift prior to the holiday, his/her next scheduled shift after the holiday and has not called-off on such holiday, if scheduled to work.

Part-time employees who work on a holiday listed above will be paid at their straight-time hourly rate for all hours worked on the holiday, plus holiday pay on a pro-rata basis based on the number of hours they worked the week preceding the holiday, provided the employee has completed his/her last scheduled shift prior to the holiday, his/her next scheduled shift after the holiday and has not called-off on such holiday, if scheduled to work.

It is expressly agreed and understood that employees shall not be entitled to holiday pay when on any type of unpaid leave of absence.

Section 9.3. Holiday during Paid Absence

If a recognized holiday falls during an eligible employee’s paid absence (such as vacation), holiday pay will be provided instead of the paid time-off benefit that would have otherwise applied.

Section 9.4. Miscellaneous

When any of the above holidays fall on a Saturday or Sunday, the holidays will be observed on the date declared by the Employer in consultation with the Client.

A holiday declared after the effective date of this Agreement by Presidential Proclamation will not be observed unless the Proclamation specifically includes contractors and the services they provide (i.e., security) and the Employer receives advance approval from the Client’s Contracting

Officer that the Employer will be reimbursed for the additional holiday.

Hours paid, not worked, under this paragraph will not be considered as hours worked for the purpose of computing overtime.

ARTICLE 10 - PAID SICK LEAVE

Section 10.1. Accrual

Non-probationary full-time employees shall accrue paid sick leave benefits based on 0.0461538 hours per hour worked to a maximum of ninety-six (96) hours per full government contract year.

No more than a total of 288 hours may be carried over or banked. Non-probationary part-time employees shall earn paid sick leave at the rate of one hour for every thirty hours worked to a maximum of fifty-six hours per full government contract year. A non-probationary employee shall be entitled to use their accrued sick leave immediately. Unused sick leave shall not be paid upon termination of employment.

Section 10.2. Usage

Sick pay will be payable for full days of absence due to illness, or other qualifying occurrence(s) as defined in this Article, commencing on the first day of the absence, and will not be paid for more than eight (8) hours at the employee’s regular straight-time rate for each day the employee is eligible to receive sick pay. Paid sick leave for other than a full day absence will be used in increments of no less than four (4) hours.

Employees can use paid sick days for absences from work resulting from the employee’s own or a family member’s illness, injury or medical condition. Additionally, employees can use paid leave days for absences from work if the employee or a family member is a victim of stalking, domestic violence, or sexual abuse.

Unused paid sick leave under the DC Accrued Sick and Safe Leave Act carries over from year to year. However, the Employer is not required to pay employees for accrued, unused leave upon termination of employment. In order to receive compensation for sick days, an employee must notify his/her supervisor or designee at least three (3) hours prior to the commencement of his/her shift, or as soon as possible after the onset of the illness that he/she will be unable to work due to sickness.

Section 10.3. Provision of Doctor’s Note

An employee who is absent due to illness or injury for more than three (3) consecutive work days shall be required to provide to the Employer, a physician’s statement supporting and certifying the employee’s absence and ability to return to work on the day of returning to work. Where an employee fails to provide a doctor’s note as required by this Article, or where medical certification does not support the employee’s absence, the employee will not be entitled to sick pay, and will be subject to disciplinary action. An employee who does not provide medical certification that he/she is able to return to work, if required, will not be permitted to return to work until such documentation is provided. The Employer may require a doctor’s certificate in cases of suspected abuse of sick leave of any length. In addition, the Employer reserves the right to ask for doctor’s verification of illness/injury for any sick leave taken in conjunction with scheduled days off.

Section 10.4. Provision of “Fit for Duty Form”

Employees returning to work from an absence resulting from a Worker’s Compensation issue, Short/Long Term Disability, and/or Family Medical Leave Act absence (for their own medical condition), shall be required to submit a completed “Fit for Duty” form certifying that the employee is able to perform the essential functions of their job, before placement back on the duty schedule.

Section 10.5. Miscellaneous Provisions

It is understood that employees may be subject to disciplinary action for excessive absenteeism even though the ninety-six hours have not all been used. Absences beyond the ninety-six hours provided, or absences that exceed the amount of sick leave accrued/banked by an employee, may result in disciplinary action consistent with the Employer’s Progressive Disciplinary Policy.

This article will not conflict or take away from the provisions of the “Accrual Sick & Safe Leave

Act of 2008” or any amendments thereof.

The use of paid sick leave will not be considered as time worked for purposes of computing overtime.

ARTICLE 11 - VACATION

Section 11.1. Vacation Accruals

Employees shall be entitled to annual vacation pay. Vacation entitlements are determined by an employee’s date of hire and continuous service, notwithstanding breaks in service on the contract to provide security for designated facilities. Date of hire and continuous service are inclusive of previous employers providing this service. Employees shall receive block grants of vacation upon completion of each full year of continuous service on the contract.

Employees shall earn vacation hours for all straight time hours, not to exceed forty (40) hours per week, in accordance with the following schedule:

Completed Years of Service Earned Hours Not To Exceed

Upon completion of one year of service 0.038461 80 hours

Upon completion of five years of service 0.057692 120 hours

Upon completion of ten years of service 0.076923 160 hours

Employees are not entitled to use their vested vacation entitlements until they have completed a minimum of one year of employment with the Employer.

Vacation entitlements are vested by the year based on employee’s date of hire. Vacation pay will be paid as vacation entitlements are used. Employees will not receive pay for days taken in excess of vacation entitlements. Vested vacation pay shall be paid on the first full payday following an employee’s return to work after their vacation. Compensation for the vacation period shall be computed at employee’s base rate of pay in effect at the time the vacation is vested.

Vacation hours will not be considered as time worked for purposes of computing overtime.

Section 11.2. Scheduling Vacation

Employees are normally required to submit vacation requests in writing to the Contract Manager at least thirty (30) calendar days prior to the requested vacation. For vacation of two days or less, employees shall be permitted to submit a vacation request to the Contract Manager fourteen days from the start of the vacation. The Employer must approve or disapprove such requests at least seven (7) days after receipt of the request. Requests will not be unreasonably denied.

Section 11.3. Vacation Calendar

Each year a vacation calendar will be posted. Selection of available weeks will be by seniority.

Once the calendar is taken down, available vacation time off will be awarded on a first come basis.

ARTICLE 12 - CALL IN & REPORTING PAY

Section 12.1. Reporting for Scheduled Duty

Employees are required to report for work at their scheduled starting times. An employee shall make every effort to notify the on-duty supervisor at least two hours prior to their scheduled start time for day shift and (4) hours for all other shifts, if they are unable to report to work.

Employees will receive from the on-duty Supervisor a confirmation number when they call in. It is the employee’s responsibility to maintain this number to verify that a call off was made.

Section 12.2. Unscheduled Work

An employee who has been called for unscheduled work, and has not been advised either orally or in writing not to report, shall receive a up to a minimum of four (4) hours pay at his regular straight-time hourly rate. The Employer reserves the right to assign other work to be performed during this time. Employees shall have the option to stay and work for the four (4) hours, or leave. If an employee decides to leave, he shall not be paid for the aforementioned hours, except for the time actually spent on site.

Section 12.3. Reporting for Duty and Not Needed

In the event an employee reports to work for his shift without being notified not to report, and work is not available, the employee shall be paid four (4) hours reporting pay at his regular rate of pay, including all benefits and allowances. The Employer reserves the right to assign other work to be performed during this time. Employees shall have the option to stay and work for the four (4) hours, or leave. If an employee decides to leave, he shall not be paid for the aforementioned hours. In the event of an over scheduling situation, the person with the least amount of seniority on the shift shall be subjected to the four (4) hour option mentioned previously in this section.

Section 12.4. Stand-by

Employees scheduled for stand-by duty shall be guaranteed two (2) hours of straight time pay regardless of the actual number of hours he works. The Employer shall post stand-by duty and weekly schedules at least seven (7) days in advance.

ARTICLE 13 - SENIORITY

Section 13.1. Determination of Seniority

Seniority for benefits shall be defined as the length of time an employee has continuously been employed “on site” in the collective bargaining unit. Seniority for overtime and layoffs shall be based on the length of time an employee has been continuously employed in a job classification

“on site”. The Employer shall maintain one seniority list for all operations covered by this

Agreement. Seniority shall be on a site-wide basis. The last four digits of the employee’s social security number shall determine seniority for employees hired on the same date.

An employee’s site seniority shall commence after the completion of his probationary period and shall be retroactive to the date of hire. Temporary promotions to supervision will be for duration of no more than one hundred eighty days. During such promotion, bargaining unit members will continue to accrue seniority in all lower job classifications.

Any bargaining unit member who accepts a permanent promotion to supervision shall have thirty

(30) days in which to return to the bargaining unit with no loss of seniority.

Any employee removed from a permanent supervisory position through no fault of their own shall be eligible to fill a regular bargaining unit position, if said vacancy exists, and prior to newly-hired employees.

Section 13.2. Loss of Seniority

Seniority shall terminate if:

(a) An employee is terminated for just cause;

(b) An employee voluntarily quits or resigns his employment;

(c) An employee is laid off and fails to return to work, if recalled, on the date specified by the Employer;

(d) An employee overstays a leave of absence without good cause, as determined by the

Employer;

(e) An employee gives a false reason for a leave of absence or engages in other employment while on such leave;

(f) An employee’s credentials to work under this contract are revoked by the Client (Note:

this is not subject to the grievance or arbitration);

(g) An employee fails to maintain their qualifications for employment.

Section 13.3. Accrual during Layoff

Seniority will not accrue during any period of layoff.

Section 13.4. Vacancies

All vacancies shall be posted for at least seven (7) calendar days unless filled sooner and for more than seven (7) days if needed to fill the vacancy. Vacancies will be filled by the most senior qualified employee.

ARTICLE 14 - LAY-OFF & RECALL

Section 14.1. Layoff

Whenever it is necessary to lay-off employees, or if the contract is terminated, not extended or not renewed, the Employer may lay-off employees, as it deems necessary, in the following manner:

(a) Employees volunteering to be laid off shall be laid off first;

(b) Should it be necessary to further reduce the work force, probationary employees shall be laid off second;

(c) Should it be necessary to further reduce the work force, non-probationary employees shall be laid off in the reverse order of their seniority; provided that all part time employees shall be laid off before any full-time employees.

Laid-off employees are not eligible for any compensation or Employer paid fringe benefits (other than unemployment compensation) during their period of layoff.

Section 14.2. Recall

Laid-off employees shall be subject to recall for a period of twelve (12) months from the day of layoff.

In the event an employee is recalled, it is understood that all qualifications, certifications, and/or other requirements to return to work must be current.

Employees who have been laid off will be recalled to work in the reverse order they were laid-off. Laid-off employees shall be notified, at their last known address, in order of seniority to report to work. The notice will be by certified mail, return receipt. In the event an employee, so notified, fails to contact the Employer within seven (7) business days after receipt of such notice, or fails to report for work on the date specified, provided the date is at least seven (7) days after receipt of such notice, it shall cause the recall notice to expire and the affected employee shall have no further recall rights. The Union shall be copied on all recall notices.

In those instances where site seniority is the same, the last four of an employee’s social security number, whichever is the larger number, shall be the determining factor.

Section 14.3. Miscellaneous

In the event of a reduction in force, the chief steward and other stewards shall be the last to be laid off and the first to be recalled.

The Employer shall make every effort to give any employee who is subject to layoff five (5) workday’s notice of the layoff.

ARTICLE 15 - GRIEVANCE & ARBITRATION

Section 15.1. Grievance

All grievances shall be signed and dated by the Union official filing the grievance, as well as the aggrieved employee.

All grievances shall contain, at a minimum:

(a) A grievance number, as well as date and time the grievable event allegedly occurred;

(b) The facts giving rise to the grievance;

(c) The provisions of the Agreement alleged to have been violated;

(d) The name(s) of the aggrieved employee(s); and

(e) The exact remedy sought.

In case(s) involving a suspension action, the parties agree the matter shall be filed initially at Step

Two. For cases involving discharge of employment, the parties agree the matter shall be filed initially at Step Three and must be filed within seven (7) business days after the effective date of the discharge in order to be considered timely.

Probationary employees shall not have any rights under this Article except for matters involving the payment of proper wages and benefits.

Section 15.2. Timeliness

The number of days provided for in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. Time limits, prescribed herein, may be extended by written mutual agreement. The term “business days” as used in this Article shall exclude Saturdays, Sundays and holidays. Furthermore:

(a) The failure of the Union to initially file a grievance, or to proceed to the next step of the grievance procedure, within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance, including arbitration.

(b) The failure of the Employer to answer a grievance within the time limits specified shall permit the grievance to proceed to the next step of the grievance procedure.

Section 15.3. Grievance Steps

Grievances, if filed, shall be processed as follows:

Step One:

Within seven business days after the occurrence of an event upon which a grievance is based, the local Union President or his/her designees will submit the grievance in writing to the

Contract Manager. The Contract Manager shall respond in writing to the grievance within ten business days after submission of the grievance. If the grievance is not settled, it may be appealed, by the Union, in writing to Step Two within seven business days after receipt of the response.

Step Two

If the matter is appealed to Step Two, a meeting will be held between the International Union

Director or his/her designee, aggrieved employee, and the Regional Director, or his designated representative within seven (7) business days of receipt of the appeal. The Regional Director, or his designated representative, shall render a written response within seven (7) business days after the meeting is held. If the grievance is not settled, it may be appealed, by the Union, in writing to

Step Three within seven (7) business days after receipt of the response. It is agreed this meeting shall be held telephonically. It is further agreed that a grievance cannot be modified or otherwise changed once the Step Two meeting has taken place.

Step Three

If the matter is appealed to Step Three, a meeting will be held between the designated Union official, aggrieved employee, and Director of Labor Relations, or his designated representative, within fourteen (14) business days of receipt of the appeal. It is agreed that this meeting shall be held telephonically. The Director of Labor Relations, or his designated representative, shall render a written response within seven (7) business days after the meeting is held.

Section 15.4. Appeal to Arbitration

If a grievance is not settled at Step Three, the Union may appeal the matter to arbitration. Notice of the appeal to arbitration must be served to the Director of Labor Relations no later than thirty

(30) business days after the Union receives the Step Three response. It is agreed that said notice may be served by email.

Section 15.5. Arbitrator Selection & Hearing Timeline

No later than seven (7) business days after any appeal to arbitration, the moving party shall be responsible for obtaining a panel of no less than seven (7) Arbitrators from the Federal Mediation and Conciliation Service (“FMCS”) from which the parties shall select an Arbitrator. The moving party shall be responsible for all costs associated with obtaining the list from FMCS.

Each party shall have a one-time right to reject a panel. The rejecting party shall have ten (10) business days to obtain a new panel, and shall be responsible for all associated costs.

Within ten (10) business days after receipt of the list of Arbitrators, representatives of the Union and the Employer will alternately strike names from the list of available Arbitrators. The moving party shall be the first to strike from the list of Arbitrators. The last remaining name on the list shall be the Arbitrator to hear the case. It is agreed this meeting shall be held telephonically.

Once an Arbitrator has been selected, the parties shall agree on a date by which the arbitration shall commence. That date shall be no later than ninety (90) days from the date the Arbitrator is selected, unless mutually agreed otherwise.

Section 15.6. Arbitration Expenses

The Arbitrator’s fee and expenses shall be shared equally by the parties. The cost of any hearing room and/or transcript shall be equally shared by the parties. The expenses and compensation of any witness shall be paid by the party calling such witness or requesting such participant. Any other expenses shall be borne by the party incurring such expenses.

Section 15.7. Arbitrator Authority

The Arbitrator shall have jurisdiction and authority to only apply and interpret the provisions of this Agreement. It is understood and agreed to by the Union and the Employer that the Arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. The

Arbitrator is permitted to weigh evidence to determine if the action taken is supported by just cause pursuant to this CBA. The arbitrator shall not substitute his or her own judgment in making a decision that would be contrary to this CBA.

The Arbitrator’s award shall be made in writing and shall be rendered within ninety (90) calendar days after the close of the proceedings.

Any award of back pay to an individual grieving a discharge, discipline or any other matter shall not predate the date of the event by which the grievance was filed, and shall be offset by all earned income received during the applicable period (including all income derived from interim employment and unemployment). The Arbitrator shall only have authority to award economic damages and shall have no authority to award non-economic damages such as punitive damages, emotional distress, or pain and suffering damages.

ARTICLE 16 - EXAMINATIONS

Section 16.1. Nature of Examinations

When the Employer requires an employee to take a physical, drug test, or psychological examination or evaluation, the Employer shall bear the cost of such examination. In the event the

Employer determines an employee’ behavior poses a threat to the safety of the facility, employees, or visitors, that employee shall be referred for a psychological examination. Should the employee refuse to undergo said examination, the Employer shall have the right to end the employment relationship.

Section 16.2. Payment for Examinations

Employees shall be paid two (2) hours at their straight time rate of pay if they are not on shift at the time of the examination.

Employee’s on shift shall undergo the examination and return to shift upon completion of the examination, and shall not suffer any loss of hours as a result. Employees are expected to complete any examination in the most expeditious manner possible.

Section 16.3. Scheduling

The Employer shall schedule, in a timely manner, full-time and part-time employees to obtain any contract required physical examination at no expense to the employee (only for one examination). If an employee does not appear for or obtain his contract required physical examination prior to the time by which it must be obtained, the employee shall be removed from the duty schedule until this requirement has been met, not to exceed a period of 30 days. After 30 days, unless such failure to report is the result of a documented emergency circumstance, the employee shall be terminated from employment.

If an employee does not satisfactorily pass their annual physical examination, within two (2) attempts, the employee shall be considered as having voluntarily resigned.

ARTICLE 17 - UNIFORMS & EQUIPMENT

Section 17.1. Uniform Issuance & Appearance

All uniforms, accessories, and duty equipment will be provided by the Employer. The Employer will replace any item(s) that become unserviceable due to fair wear and tear, or due to no fault of the employee, at no cost to the employee.

It is the responsibility of the employee to report for work in the correct uniform, with all the required duty gear. The Employer shall prescribe the manner and wear of any uniform, accessories, and duty equipment in compliance with the contract.

Section 17.2. Return of Uniforms

All uniforms and Employer equipment must be returned, professionally clean and in serviceable condition, to the Employer upon termination of employment. The Employer reserves the right to use all available legal means to recover any items not returned, or to recover equitable costs in lieu of turn-in.

ARTICLE 18 - LEAVES OF ABSENCE

Section 18.1. Unpaid Leave of Absence

Consistent with Employer policy, an unpaid leave of absence may be granted at the sole discretion of the Employer without loss of seniority to the employee. Unless prescribed otherwise by federal or state law, length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits while on unpaid leave. The Employer will make every reasonable effort to maintain an employee’s position while on an unpaid leave of absence.

Unpaid leaves of absence may be taken only with prior written approval of the Employer.

Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay.

Note “unpaid status” does not include regular scheduled days off, vacation or personal leave.

An employee who does not return from an approved unpaid leave of absence as scheduled and does not apply for, and receive in writing, an extension from the Employer, will be considered to have abandoned his/her job and will be terminated without recourse to the provisions of Article

15 of this Agreement.

An employee who engages in other employment, without the express written permission of the

Employer, while on a leave of absence, shall be considered to have resigned from the Company without any recourse under this Agreement or otherwise.

The Employer will comply with all requirements of the Uniformed Services Employment and

Reemployment Rights Act (USERRA) of 1994 and the Family and Medical Leave Act (FMLA) of 1993, and any similar state laws.

Section 18.2. Returning from an Unpaid Leave of Absence

Employees returning from an unpaid leave of absence who have not scheduled a specific date on which they are to return, must notify the Contract Manager in writing at least five (5) days before said employee’s intended date of return to work. Any employee returning from a leave of absence must meet all conditions of employment. The Employer reserves the right to subject the employee to a physical examination, drug test, background check, and any other requirement as specified by the Client.

Section 18.3. Miscellaneous

Within the limits of applicable law(s), employees approved for a leave of absence and enrolled in the Company’s benefit plans, shall be responsible for paying all premium costs for benefits. The

Employer reserves the right to discontinue any benefit coverages for non-payment of premiums.

ARTICLE 19 - BULLETIN BOARD

Section 19.1. Bulletin Board

In the event the current bulletin board must be replaced, the Union shall be responsible for a replacement bulletin board and all replacements thereafter, subject to USHMM management approval, exclusively for the use of the Union for the posting of notices, such as:

(a) Notices of Union recreational and social affairs;

(b) Notices of…