Attach_3_WD_CBA_2013-5626.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2013-5626 Diane Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 12/21/2017 State: New Hampshire

Area: Hillsborough

Employed on 50th Contracting Sq. contract for New Boston AFS Security Forces services equal to USAF Security Forces services.

Collective Bargaining Agreement between contractor: Akima Global Services, Inc, and union:

United Fed. Spec. Police & Sec. Off. Local 545, effective 10/1/2016 through 9/20/2019.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

12/21/2017https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2013-5626

AGREEMENT

Between

Akima Global Services, Inc.

and the

United Federation of Special Police and Security Officers, Inc.

And ltsAffiliated Local 545 at

NEW BOSTON AIR FORCE STATION

317 Chestnut Hill Road

New Boston, New Hampshire

Effective: October 1, 2016 - September 20, 2019

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1

SCOPEANDPURPOSEOFAGREEMENT

ARTICLE 2

MANAGEMENT RIGHTS

ARTICLE 3

STRIKES AND LOCKOUTS

ARTICLE 4

UNION SECURITY AND DUES DEDUCTION

ARTICLE 5

PHYSICAL EXAMINATIONS

ARTICLES

DISCIPLINARY ACTION

ARTICLE 7

GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLES

SENIORITY

ARTICLE 9

REPORT AND CALL-IN PAY

Page iii of iii

ARTICLE 10 14

PAY DAYS

ARTICLE 11 15

HOLIDAYS

ARTICLE 12 16

VACATION

ARTICLE 13 18

SICK/PERSONAL LEAVE

ARTICLE 14 20

BEREAVEMENT AND OTHER LEAVES

ARTICLE 15 21

HOURS OF WORK AND OVERTIME

ARTICLE 16 23

EQUAL OPPORTUNITY

ARTICLE 17 24

WAGES

ARTICLE 18 25

OCCUPATIONAL ILLNESS OR INJURY

ARTICLE 19 26

HEAL TH AND WELFARE CONTRIBUTION

Page iii of iii

ARTICLE 20

401 (K) SAVINGS PLAN

ARTICLE 21

UNIFORMS

ARTICLE 22

UNION BUSINESS

ARTICLE 23

SEPARABILITY OF THE CONTRACT

ARTICLE 24

DURATION

ARTICLE 25

COMPLETE AGREEMENT

SIGNATURE OF PARTIES

APPENDIX "A"

MEMORANDUM OF UNDERSTANDING OF PROCEDURES

FOR SCHEDULING WORK AND FILLING VACANCIES

APPENDIX "B"

MEMORANDUM OF UNDERSTANDING FOR "SPECIAL DETAIL" WORK

APPENDIX "C"

POLICY REGARDING SUBSTANCE ABUSE AND TESTING

Page iii of iii

APPENDIX "D"

GUIDELINES CONCERNING EMPLOYEE CONDUCT

APPENDIX "E"

DRESS CODE POLICY

Page iii of iii

PREAMBLE

This Agreement, effective October 1, 2016, by and between Akima Global Services, Inc. or

AGS (hereinafter referred to as the "COMPANY"), and its successors and assigns, for ~s security forces operations at the New Boston Air Force Station (NBAFS), 317 Chestnut Hill

Road, New Boston, New Hampshire 03070, and the United Federation of Special Police and

Security Officers, Inc. and its Affiliated Local 545 (hereinafter referred to as the "UNION"), and its successors and assigns, as the sole and exclusive representative for collective bargaining for the COMPANY's employees covered by this Agreement.

This Agreement supersedes any previous agreement between the parties including existing or any pre-existing practices or customs not specifically covered by this Agreement.

ARTICLE 1

SCOPEANDPURPOSEOFAGREEMENT

Section 1.1 It is the purpose of this Agreement to achieve and maintain harmonious labor relations between the COMPANY and the UNION, to provide for equitable and peaceful adjustment of differences which may arise, and to establish wages, benefits, hours, and other conditions of employment of employees as stated by this Agreement.

Section 1.2 The COMPANY recognizes the UNION as the collective bargaining agent for all non-exempt regular full-time and part-time employees working as security officers at the New

Boston Air Force Station, New Hampshire, excluding Flight Sergeants and all other employees, managerial and administrative employees, and supervisors as defined in the

National Labor Relations Act, as amended.

Section 1.3 The COMPANY and the UNION mutually agree to interpret this Agreement and conduct their relationship in a manner which does not violate Air Force regulations or federal, state, or local law.

ARTICLE 2

MANAGEMENT RIGHTS

Section 2.1 Except as modified by this Agreement, management of the business and the direction of the security forces are the exclusive rights of the COMPANY which has authority over the work force, including, but not limited to the right to:

a) Hire;

b) Determine the number, location, and types of guard positions;

c) Direct the work force and manage the business;

d) Schedule and assign work and work stations;

e) Discontinue any regularly assigned posts temporarily or permanently with reasonable notice where practicable;

I) Promote, demote, upgrade, downgrade, transfer, layoff or recall employees, discipline, or discharge employees for just cause;

g) Maintain order, efficiency, and capability of employees in operations;

h) Determine the composition and number of shifts and the starting and ending times of each shift;

i) To formulate, issue, amend, and revise reasonable rules and regulations, and practices, except as modified by this Agreement;

j) Select individuals in its sole discretion for promotion to supervisory/managerial positions;

k) Determine the skill, ability, qualifications, and physical fitness of employees.

Section 2.2 The above rights of management are not inclusive for all manners or rights which belong to and are inherent to management. Any other rights, powers, or authority the

COMPANY had prior to the signing of this Agreement are retained by the COMPANY, except those specifically abridged or modified by this Agreement and any supplemental agreements that may be hereafter made.

Section 2.3 If the COMPANY's exercise of tts management rights will result in significant additional work assignments to unit employees, the COMPANY agrees to provide advance notice, where practical, to the UNION regarding such additional assignments and provide the UNION leadership the opportunity to meet and offer suggestions for consideration by the COMPANY for implementation. If prior notice is not practical, such notice and opportunity to make suggestions will occur as soon as practical after implementation. The

COMPANY's agreement to provide notice and accept suggestions for consideration will not be read as a duty to bargain over the decision and will not preclude or limit the COMPANY's right to make and implement decisions concerning work assignments and the scope of work.

Section 2.4 Supervisors may perform bargaining unit work for the sole purpose of instruction, training, employees' personal relief, and/or emergencies. Supervisors shall not perform duties as Base Defense Operations Center ("BDOC") Controller, Security Response Leader/Member, and/or Entry Controller if another full-time member of the bargaining unit is immediately available, present, and qualified for that position. Supervisors may work any position in cases of

Special Detail Work or heightened Force Protection Condition (FPCON) to prevent a force or if these opportunities are otherwise left unfilled following the opportunity being offered to bargaining unit members. Supervisors can be used to cover posts in order to meet staffing requirements in the event of emergency call back situations.

Section 2.5 Notwithstanding the preceding Sections of this Article, the Company agrees that it will maintain three (3) full-time staff for every position that is authorized under its government contract.

ARTICLE 3

STRIKES AND LOCKOUTS

Section 3.1 Since the COMPANY is responsible for continuous, uninterrupted, and efficient twenty-four (24) hour per day security forces service, the UNION and the employees agree to perform loyal and efficient work and service on a continuous, uninterrupted basis and shall use their best efforts to achieve the objectives of the government contract. Accordingly, the

UNION and COMPANY agree that there shall be no strikes, boycotts, sympathy strikes, lockouts, or any interference whatsoever during the life of this Agreement and that in the event differences or disputes shall arise between the COMPANY or the UNION and its members as to the meaning and application of this Agreement or should any trouble of any kind arise, there shall be no suspension of work in any manner whatsoever by the employees on account of any such differences. Any employee or employees who violate the provisions of this Article will be subject to termination.

Section 3.2 The UNION and COMPANY agree to abide by federal and state law regarding strikes and lockouts.

ARTICLE 4

UNION SECURITY AND DUES DEDUCTION

Section 4.1 It is mutually agreed that as a condition of employment, all employees covered by this Agreement shall become dues paying members of the UNION or pay lawfully established agency fees ("fees") beginning on the 31st day of employment or on the 31st day following the effective date of this Agreement, whichever is later. Thereafter, as a requisite of continued employment, such employees, including those presently members of the UNION, shall remain members in good standing with the UNION. Employees meet the requirement of being members in good standing of the UNION, within the meaning of this Article, by tendering periodic dues or fees. The UNION agrees to provide written notice to the Employee with a copy to the COMPANY within thirty (30) days of nonpayment of such dues or fees and to give the

Employee a reasonable period following the notice to correct any nonpayment so as to remain in good standing. The UNION agrees to accept as a member upon application and without discrimination any new employee who may be hired by the COMPANY for employment within the bargaining unit.

Section 4.2 The COMPANY agrees to deduct dues or fees each bi-weekly pay period (26 times per year). The amount of the deduction shall be an amount which is equal to one twenty-sixth

(1/26) of the regular annualized membership dues or fees, as required as a condition of retaining membership, from the pay of those employees who are members of the UNION, and in the bargaining unit during each month, and who shall have executed and furnished the

COMPANY an authorization form. The UNION shall provide the COMPANY in writing the amount of membership dues or fees to be withheld each pay period.

Section 4.3 The UNION shall furnish the COMPANY with dues or fees deduction authorization forms which have been executed. The form shall contain the name and address of the employee executing the form, as well as the signature of the employee. The COMPANY shall make deductions beginning with the paycheck for the first full pay period following the date that the authorization forms are received wherever practicable.

Section 4.4 Deductions shall be made from each paycheck received by the employee, provided that deduction has been properly authorized as outlined above, and provided further that sufficient earnings remain to cover UNION dues or fees after the deductions required by law and such deductions shall continue in like manner thereafter, except as qualified herein. The

COMPANY shall have no responsibility for further deductions if an employee's paycheck is not sufficient to cover dues or fees deductions.

Section 4.5 The UNION accepts all responsibility for the lawfulness and authenticity of each of said authorizations. The COMPANY will return to the UNION for correction any authorization forms which are incomplete or in error. The UNION shall indemnify and save the COMPANY harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the COMPANY for the purpose of complying with any of the provisions of this Article or in reliance on any list, notice, or assignment furnished under any of these provisions.

Section 4.6 In cases where deductions for dues or fees are made from the pay of any employee who has previously paid such dues or fees, the UNION will make the refund directly to such employee.

Section 4. 7 Deductions shall be remitted not later than fifteen (15) days after the month in which the sums are collected, to the United Federation of Special Police and Security Officers, Inc. to 540 North State Road, Briarcliff Manor, NY 10510.

ARTICLE 5

PHYSICAL EXAMINATIONS

Section 5.1 Physical examinations of employees may be required periodically at the expense of the COMPANY. An employee required to undergo such examinations shall be compensated for three and one-half (3-1 /2) hours pay at the applicable rate of pay unless the COMPANY arranges to provide such examinations during the employee's working time.

Section 5.2 The COMPANY and UNION support a drug-free workplace. Employees are subject to drug and/or alcohol testing in accordance with the Substance Abuse Policy attached as

Appendix C to this Agreement. An employee required to take a drug and/or alcohol test pursuant to Appendix C shall be compensated for three and one-half (3-1/2) hours at the applicable rate of pay. Notwithstanding this provision, the COMPANY reserves the right to provide the examination during the employee's working time with no additional compensation due.

Section 5.3 Employees will be obligated to comply with any physical examinations required of

AGS by the Air Force, including the PAT testing and requirements set forth in the Performance

Work Statement between AGS and the Air Force.

ARTICLE 6

DISCIPLINARY ACTION

Section 6.1 Discharge or disciplinary action for just cause may be taken by the COMPANY for violation of any of the COMPANY'S rules and/or regulations, Post or General Orders, violations of Guidelines Concerning Employee Conduct (attached as Appendix E), or other valid reasons. The issued discipline shall be commensurate with the infraction for which the action is taken.

Section6.2 All disciplinary actions, including documented verbal warnings, shall be in writing on the COMPANY's Corrective Action Form ("GAF"), which shall identify the alleged action or non-action for which the discipline is being issued. The CAFshall be presented to the

Employee and maintained in the Employee's site personnel file. The Employee and the

UNION shall be provided a copy of the CAF when issued. The Employee shall have the opportunity to have a written response to any CAF placed in the file along with any evidence in support of that response. A documented verbal warning in the file shall not be used as the basis for progressive discipline after one (1) year has passed unless there has been a subsequent infraction of the same nature. Any other level of disciplinary action in the file shall not be used as the basis for progressive discipline after eighteen (18) months has passed unless there has been a subsequent infraction of the same nature.

Section 6.3 The COMPANY shall provide an employee who so requests with a reasonable opportunity to inspect his site personnel file, which shall contain all CAFs, performance reviews, and other general materials related to employment. TheJ;;_OMPANY and UNION agree that once per calendar year is reasonable. Upon written request, the Employee shall be provided a copy of any documents which have not been previously provided to the Employee.

The Employee may also request to have any expired discipline as set forth in Section 6.2 above removed from the personnel file at that time. Even if not requested, the COMPANY agrees to remove expired discipline from any file which is reviewed by the COMPANY for any reason.

Section 6.4 When an employee is suspended pending an investigation and that suspension extends beyond the end of the pay-period in which the suspension began, the employee will not be allowed to utilize available sick leave or personal leave with the permission of management. If the COMPANY later determines that the suspended Employee was not involved in wrongdoing warranting a suspension, the COMPANY shall make the employee whole for the scheduled hours missed while on suspension pending investigation. If the

Employee is issued a disciplinary suspension as a result of the investigation, time served pending investigation shall count toward the disciplinary suspension. An employee under investigations for all Group 111 infractions may be immediately suspended for the duration of the investigation.

Section 6.5 The UNION shall make all Requests for Information in writing and the

COMPANY shall respond in writing.

ARTICLE 7

GRIEVANCE AND ARBITRATION PROCEDURE

Section 7 .1 For the purpose of the Agreement, a grievance is defined as a written statement signed by an individual employee and/or UNION claiming a violation of the terms of this

Agreement or a difference arising between the COMPANY and the UNION or a named individual employee or a number of named individual employees, as to the interpretation or application of any of the terms of this Agreement, including discharge and disciplinary suspension.

Section 7.2 Nothing herein shall be construed as restricting the rights of individual employees to present complaints to the COMPANY through regular channels of the COMPANY, or the rights of the COMPANY to adjust such complaints, provided the Adjustment shall not conflict with the provisions of this Agreement and that the Chief Steward of the Local and/or his designee has been given the opportunity to be present at such adjustment and/or given a copy of such adjustment within three (3) days.

Section 7.3 Grievances shall be settled promptly in the following manner, and if the time limits contained therein are not followed, the grievance shall be considered void. No waiver of such time limits shall be effective unless reduced to writing, nor shall such waiver be deemed precedent. If the COMPANY does not respond to a grievance step within the time limits set forth herein, the UNION shall have the option to move on to the next step in the grievance process.

The parties may mutually agree to expedite the procedures in the Steps below:

Step 1. The employee having a complaint or grievance under this Agreement shall reduce the complaint to writing, and after being signed by the aggrieved employee and the UNION steward, submit it in duplicate to the Project Manager or his designee within seven (7) days of the known occurrence causing the complaint or grievance or after such occurrence is discovered by the employee. The written grievance shall set forth the express provisions of the contract allegedly violated and the facts which support the

UNION's position. Within ten (10) days from the receipt of such written grievance or complaint, the Project Manager shall submit his answer in writing to the aggrieved employee and the UNION Steward.

Step 2. If the matter is not resolved in Step 1, the UNION may appeal the grievance or complaint by submitting it in writing to the Project Manager or his designee within ten

(10) days from the receipt of the answer given in Step 1. Within ten (10) days from the receipt of the UNION's appeal, a meeting shall be held between the Project Manager, and/or designated representative(s) and the UNION's designated representative(s).

Such designated representatives may include the COMPANY corporate representatives and the UNION Business Agent and/or President. The Project Manager shall render his decision in writing within ten (10) days after the conclusion of such meeting. One (1)

UNION Steward employed by the COMPANY shall be entitled to attend a Step 2 hearing without being docked for time lost attending such hearing.

Step 3. If the matter is not resolved in Step 2, the parties may voluntarily agree to mediate the dispute through FMCS as an interim step prior to arbitration, provided both parties are in agreement to do so. Request for mediation must be made by the UNION in writing to the COMPANY within ten (10) days after the date of the Project Manager's written rejection in Step 2. The COMPANY shall have five (5) days to respond to the request. If the UNION declines to pursue mediation or the COMPANY declines to agree to mediation, the UNION may proceed to Step 4 below.

Step 4. If the matter is not resolved in Step 3, the UNION may request arbitration in the following manner: Within (i) twenty (20) days after the rejection of the grievance by the

Project Manager if the UNION does not pursue mediation or (ii) within ten (10) days if the COMPANY declines to agree to mediation or (iii) within ten (10) days following the date of an unsuccessful mediation, the UNION may request the Federal Mediation and

Conciliation Service to furnish a list of seven (7) available arbitrators. Arbitrators shall be selected in accordance with the process set forth by FMCS.

Section 7.4 The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the Agreement or any supplemental agreement. The arbitrator's decision shall be based exclusively on evidence presented at the arbitration hearing. The arbitrator's decision shall demonstrate that he has thoroughly considered in advance the arguments by each party, and cite provisions of the Agreement, serving as a basis for the decision.

Section 7.5 No disputes which include claims for back pay shall be valid for the period prior to the date the written grievance was first received by the COMPANY. All awards of back wages shall be limited to the amount the employee would have otherwise earned from his straight time employment, plus differential, longevity, and health & welfare contribution if applicable, with the COMPANY, less any interim earnings.

Section 7.6 The fees and expenses of the Arbitrator shall be shared equally by the parties.

The decision of the Arbitrator shall be final and binding on both parties. Each party shall bear its own expense, including any witness expense, in presenting its case to the Arbitrator. The minutes of any arbitration case may be recorded by audio/digital recorder or a qualified reporter if either party so requests. The party requesting that the minutes be recorded shall pay the cost of the recording of said reporter. If either party desires a copy of the minutes so recorded he shall purchase such at his own expense.

Section 7.7 For the purpose of this Article, Saturdays, Sundays, and holidays shall be excluded in computing time period.

Section 7.8 Neither the COMPANY nor the UNION shall be required to arbitrate more than one

(1) grievance in any one arbitration, except by mutual agreement.

Section 7.9 No mutual settlement of any grievance shall be deemed a precedent or admissible in any arbitration proceeding.

Section 7.1 O It is a specific condition precedent to the processing of grievances that the time limits specified herein shall be strictly complied with and are jurisdictional unless waived mutually by the UNION and the COMPANY. Therefore, any grievance not originated and processed within the lime limits and manner provided herein shall be considered settled on the basis of the decision which was not appealed, and the matter closed and final and binding on all parties, and thereafter that particular grievance shall not be presented for consideration or made the basis of any character of action or proceeding whatsoever by any employee or the

UNION under the Agreement or otherwise.

Section 7.11 At the time of a hearing of a grievance processed to arbitration, the arbitrator shall decide any jurisdictional disputes involving timeliness.

ARTICLE 8

SENIORITY

Section 8. 1 Seniority shall be defined as the length of time the employee is continuously employed with the COMPANY and/or has been engaged continuously on this site by a predecessor employer engaged in providing similar services at this site. The UNION shall maintain a seniority list of employees and provide the Project Manager with a copy as changes, additions, or deletions are made. Disputes as to seniority shall be settled by meeting and discussing a resolution.

Section 8.2 Seniority for employees hired on the same day will be determined by the employee's last name, with the employee whose name comes first alphabetically being considered the most senior employee.

Section 8.3 Any new hire employee shall be deemed to be on Probation for a period of ninety

(90) calendar days worked on the site for full-time and four hundred eighty (480) work hours for part-time employees. At the conclusion of the Probationary period, the employee shall gain seniority status and his seniority date shall revert to the first day the employee earned wages from the COMPANY for employment at this site. During the Probationary Period, the employee may be disciplined or discharged without recourse to the Grievance and Arbitration Procedure;

however, no employee shall be discharged in violation of any Federal and/or State law.

Section 8.4 In the event of a layoff or recall from layoff, seniority shall control, provided the senior employee is capable of performing the available work. The employee with the least seniority shall be laid off first and recall will be in the inverse order of layoff. In the event of a reduction in force necessitating a layoff, the Company and he Union will meet and discuss how to most effectively manage the reduction. The parties recognize that part-time staff are essential to maintaining operations so the reduction may involve part-time employees being laid off and/or full-time employees moving from full-time to part-time employment. If the parties are unable to reach an agreement, the Company may implement its solution to the reduction and the Union will maintain a right to grieve that action. Employees will retain seniority while in a lay off status for up to one year.

Section 8.5 An employee who accepts a position with the COMPANY outside of the bargaining unit shall lose seniority. If such employee were later to be hired into a bargaining unit position, he would be treated as a new hire employee and would not have seniority reinstated.

Section 8.6 An employee who is laid off shall have call-back rights for a period of one year. It is the responsibility of the employee to keep the COMPANY advised of any changes in his mailing address. The COMPANY shall be considered to have fulfilled its obligation for recall under this Section by sending notice of the job opening to the employee's last known address by certified mail and regular mail. The employee shall express to the COMPANY his intent to return to work not more than seventy-two (72) hours after receipt of certified notice from the

COMPANY; thereafter, the employee will have a maximum of two weeks in which to report for duty.

Section 8.7 An employee who is unable to report to work because of a non- occupational injury or illness shall retain seniority for one (1) year, but shall be subject to layoff in accordance with this retained seniority. The employee will give a minimum of fifteen (15) days prior notice in writing when the employee is returning from such leave. Upon returning, the employee will be required to meet all qualifications required for the job at NBAFS. An employee who is unable to report to work because of an occupational injury or illness shall continue to accumulate seniority during the term of the disability, except that he shall be subject to layoff according to his seniority.

Section 8. 8 An employee's seniority shall be terminated upon the occurrence of any of the following events:

a) Employee is discharged for just cause;

b) Employee voluntarily quits;

c) Employee has been on layoff status in excess of the time limits provided in Section

8.4 and Section 8.6 of this Agreement;

d) Employee fails to express to COMPANY his intent to return to work and/or does not return to work in accordance with the requirements in Section 8.5 and 8.6 of this Agreement;

e) Employee has been paid compensation for permanent and total disability on account of an occupational injuryor illness;

I) Employee fails to report to work for three consecutive scheduled days without notifying the COMPANY within such period; except in case of circumstances beyond his control;

g) Employee gives a false reason for a leave of absence;

h) Employee seeks/engages in other employment while on a leave of absence, except to the extent the Employee was already so employed at the time the leave begins (e.g., part-time employment not affected by the illness or injury, military duty). The Project Manager may waive this section on a case by case basis;

i) Employee fails to maintain at least one (1) of the required Duty Positions. The

Employee will be provided up to two opportunities to pass the Air Force evaluation.

Section 8.9 It is understood that selection regarding BDOC certifications within the bargaining unit will be made on the basis of employee qualifications and ability to perform the work, and not on seniority.

Section 8.1 O Seniority during all periods of absence that exceed three months will be determined by the type of leave and whether seniority is protected by the applicable law;

otherwise the employee will retain his seniority, but will not continue to accrue seniority during the absence.

Section 8.11 A part time employee who moves to full-time shall be placed at the bottom of the full-time seniority list maintained by the UNION based on the date of full-time employment.

ARTICLE 9

REPORT AND CALL-IN PAY

Section 9.1 In the event an employee reports to work on his regular shift as scheduled, without having been previously notified not to report, or is called in to work after the completion of his scheduled working hours, the employee shall be given a minimum of four (4) hours at the applicable rate of pay. However, when employees are called infor any heightened FPCON event, employees shall be paid a minimum of six (6) hours at the applicable rate of pay.

Section 9.2 Employees shall remain on their post until properly relieved or released by their supervisor.

Section 9. 3 All employees shall provide a current phone number and address to the

COMPANY.

Section 9.4 The COMPANY shall pay employees three and one-half (3-1/2) hours of pay at the straight time rate to obtain or renew the NH Armed Guard License and DoD Common

Access Card ("CAC"}, provided the employee obtains the documents in the timeframe required by the COMPANY. The COMPANY shall not pay for the employee to obtain a replacement card or license for any reason, other than loss or damage determined to have occurred during the performance of the employee's duties.

ARTICLE 10

PAY DAYS

Section 10.1 Employees shall be paid on a bi-weekly basis. The pay period is Sunday through Saturday. with a paycheck being distributed on the Friday following the end of each bi-weekly period or made by direct deposit to up to five (5) financial institutions of the employee's choosing.

Section 10.2 The COMPANY reserves the right to change pay periods and paydays for legitimate business reasons, provided two (2) weeks' notice is given to employees in writing of the change. An employee will not go longer than two (2) weeks without a paycheck in the event of such a change.

ARTICLE 11

HOLIDAYS

Section 11.1 Eligible full-time employees will be paid the straight-time rate of pay for eight (8) hours for each of the following Holidays whether or not they work on the Holiday:

New Year's Day Labor Day

Martin Luther King's Birthday Columbus Day

Washington's Birthday Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Section 11.2 Eligible part-time employees will receive a prorated portion of the Holiday pay.

The hours will be prorated based on the number of hours worked in the week preceding the week in which the Holiday falls.

Section 11.3 In addition to these Holidays, all employees shall be granted any Holiday that may hereinafter be established by an Act of Congress of the United States or by proclamation of the President of the United States, providing prior approval for reimbursement has been received by the COMPANY.

Section 11.4 Employees required to work on any of these Holidays shall be compensated at one and one-half (1.5) times their straight time rate, plus shift differential if applicable, for all hours worked on the Holiday, in addition to the Holiday pay. The Holiday premium of 1.5 times the regular rate of pay is paid for the shift which begins on the Holiday. (Hours for midnight shift employees are recorded on the day that the shift begins). Any additional hours or shifts worked are not paid at premium rate unless the additional hours or shift are also on the Holiday or if the Employee has been forced to hold over.

Section 11.5 In order to be eligible for Holiday pay, an employee must have been on pay status during the work week in which the Holiday falls, and must have worked his last scheduled workday prior to and his next scheduled workday after such Holiday, unless his absence is excused by the COMPANY.

Section 11.6 An employee eligible as provided in this Article to receive Holiday pay who is scheduled to work on a Holiday and, after being assigned, refuses or fails to report to work without reasonable cause shall not receive Holiday pay.

Section 11.7 Time paid for but not worked on a Holiday shall not be considered as time worked for the purpose of computing weekly overtime.

Section 11.8 In the event a Holiday falls during that time an employee is on approved personal or vacation leave or bereavement leave requested in accordance with the timelines of the

CBA, the day off will be paid as a Holiday and not charged against the respective leave account.

Section 11.9 An employee on any unpaid leave of absence (including military leave, FML, LWOP) shall not be eligible for Holiday pay during the leave period.

ARTICLE 12

VACATION

Section 12.1 Each full-time employee shall earn paid vacation for continuous employment based on the following schedule of completed years of service:

1 - 3 years

4 years

5 years

10 years

15 years

10 days

15 days

20 days

23 days

25 days

Section 12.2 Employees shall earn (vest) paid vacation on the first anniversary of employment and each subsequent consecutive anniversary of the first date worked with the COMPANY or predecessor company providing security services.

Section 12.3 Part-time employees shall not earn vacation benefits outlined in this Article. Full-time employees who change to part-time status shall no longer be eligible for vacation leave or any part thereof on their anniversary date(s). Part-time employees who move to full-time employment shall begin to earn (vest) paid vacation on the date offull-time employment. Their accrual rate will be based on their original date of hire as a part-time employee. The first block grant for these individuals will be prorated based on hours worked as a full-time employee between the date the employee moves to full-time and the first occurrence of the employee's regular anniversary date. Thereafter, the new full-time employee shall be on the schedule to earn (vest) the full block grant of vacation on the anniversary date.

Section 12.4 Employees shall be eligible for and shall earn (vest) vacation on the one- year and each subsequent anniversary of the date of hire with the COMPANY to work at this site and/or predecessor employer engaged in providing similar services at this site. Employees who return to work after FML or military leave of twelve (12) weeks or less shall not have their vacation leave prorated when they reach their next anniversary date. Employees who return from LWOP of thirty (30) days or more shall have their annual vacation leave prorated based on actual weeks worked in the anniversary year.

Section 12.5 Employees shall not carry over more than 160 hours of vacation time on the books past the last day of the last full pay period in each calendar year. The COMPANY shall cash out all vacation leave in excess of 160 hours at the straight time rate no later than thirty (30) days following the last pay period of the calendar year.

Section 12.6 Compensation for the vacation period shall be computed at the employee's straight time rate of pay in effect atthe time the vacation is taken, plus shift differential if applicable, up to a maximum of eight (8) hours per day.

Section 12.7 An employee who has completed at least one (1) year of service shall be paid for any unused vacation on the books (vested) upon termination of employment.

Section 12.8 Vacation preferences shall be submitted to the COMPANY for approval at least thirty (30) days in advance of the dates sought. The COMPANY will attempt to accommodate two (2) employees on any given day and shift for vacation or personal leave, subject to operational requirements at the time. The Project Manager may approve additional employees for vacation or personal leave, provided that the shift can be staffed without incurring overtime.

During the period December 1 through December 10 of each calendar year, employees may submit bids for vacation periods of one (1) week or longer for the next calendar year by submitting a written request for the vacation period(s) desired. The COMPANY will approve or deny all such requests made before December 31 based on operational needs. In the event two (2) or more employees submit a timely bid for the same vacation period during this period, seniority will govern. An employee electing to bid non-consecutive vacation periods of one ( 1) week or more shall bid the first period in order of seniority; subsequent periods will be bid in order of seniority after all other employees have made their initial bid. An employee who fails to make a timely bid for a vacation period of one (1) week or longer will not be allowed to select a period that has been properly bid by a junior employee. An employee may cancel a vacation in accordance with this procedure, provided the employee submits the cancellation request in writing to the Project Manager at least forty-five (45) days in advance in order to give other employees the opportunity to request the time period that is now open.

Vacation requests received after December 10 for the following year must be made thirty (30) days in advance and shall be approved or denied by management in accordance with operational needs. Once approved, an employee submits the cancellation request in writing to the Project Manger at least forty-eight (48) hours in advance. In the event of such cancellation, the COMPANY shall make reasonable efforts to contact the person scheduled for relief, but the COMPANY shall have no obligation to compensate any employee who had been scheduled for relief duty.

Section 12.9 Employees may request a cash-out of vacation hours at the straight lime rate in lieu of taking leave once per calendar year at a time and through a process that will be agreed upon and attached as a side letter to this agreement.

Section 12.10 Other than during the December bid period, employees shall be provided a return copy of their leave request form, noting approval or denial, no later than three (3) business days after it has been received by the supervisor.

ARTICLE 13

SICK/PERSONAL LEAVE

Section 13.1 Full-time employees will receive forty (40) hours of sick leave and forty (40) hours of personal leave each year. Leave will be accrued over the course of the calendar year on a per pay period basis. Part-time employees shall not receive sick or personal leave.

Section 13.2 Employees who return from LWOP of thirty (30) days or more shall have their leave grants prorated based on actual weeks worked in the six month block grant period.

Employees who return to work after any other leave (FML, Military, Occupational Illness or

Injury) shall not have their leave grants prorated when they reach their block grant date, unless they are absent for more than twelve (12) weeks, in which case the grant will be based on actual pay periods worked during the grant period.

Section 13.3 To be eligible for sick leave, an employee must notify his supervisor or designee at least three (3) hour prior to the commencement of his scheduled shift that he will be unable to work. After three consecutive days of absence, a doctor's certificate shall be submitted to the COMPANY in order to be compensated for sick days remaining in the current year. In addition, the Project Manger reserves the right to require a doctor's certificate Wthere is a pattern of sick abuse; i.e., days before or after a scheduled day off or holiday. In order to receive compensation for a personal day, an employee must notify the supervisor, in writing, 72 hours prior to the commencement of the shift, of the intent to utilize accrued personal leave. Personal leave requests will be granted when reasonably possible based on operational needs.

Section 13.4 Personal leave payments will be made at the straight-time rate for each hour of personal leave taken. Sick leave payments will be made at the straight time rate of pay for each hour of sick leave taken.

Section 13.5 Employees shall carry unused personal and sick leave on the books, up to a maximum of forty (40) hours of each, into the next calendar year; any additional personal and/or sick leave in excess of forty (40) hours and all personal leave on the books shall be paid to each employee at the end of each calendar year at the straight time rate.

Section 13.6 Employees shall be provided a return copy of their leave request form, noting approval or denial, no later than three (3) business days after it has been received by the supervisor.

ARTICLE 14

BEREAVEMENT AND OTHER LEAVES

Section 14.1 In the case of a death in the immediate family of a full-time employee, requiring the employee's absence from his regularly scheduled assignments for the purpose of arranging or attending the funeral, the employee will be granted a leave of absence with pay for three (3) work days for a total of twenty-four (24) hours of pay at the straight time rate of pay, plus shift differential, if applicable. Immediate family is defined as parent or loco parentis, spouse, child, brother, sister, or grandparent. In the case of the death of a full-time employee's parent-in-law, step-parent, step-child, step- brother/sister, the employee will be granted a one

(1) day leave of absence with pay.

Section 14.2 Mitigating circumstances may be considered by the COMPANY to approve additional leave of absence of up to three (3) days for the purpose of arranging or attending the funeral, or attending to family affairs. This may be charged to available vacation hours or taken as leave without pay.

Section 14.3 The COMPANY may require proof of death and/or deceased relationship to the employee.

Section 14.4 Military Leaves of Absence will be granted upon orders received from the United

States Armed Forces or National Guard in accordance with applicable law. Employees shall provide the Project Manager with a copy of orders within three (3) days of receipt.

Section 14.5 Reservists shall provide the Project Manager with advance written notice of annual, weekend, or other training dates which will interfere with their normal work schedule.

Such notice shall be provided to the COMPANY thirty (30) days in advance or, if the Employee does not receive thirty (30) days' notice of his training obligation, within three (3) calendar days after employee receives such notice.

Section 14.6 Family and medical leave (FML) shall be granted in accordance with federal and state Family Medical Leave Act laws.

Section 14.7 Employees returning from unpaid leaves of absence who do not have a specific date of return shall notify the COMPANY in writing fourteen (14) calendar days in advance of the intended date of return to work. The COMPANY shall attempt to return the employee to the status and shift that he worked before the leave of absence and as applicable by respective laws.

Section 14.8 An employee may request one (1) shift swap in any thirty (30) day period with any other employee, including those assigned to another shift, provided they are both certified to perform each other's respective jobs and are able and willing to make the exchange.

Requests must be signed by both employees requesting the swap and are subject to approval by the Flight Sergeant inthe order received. Employees shall be notified in writing as to the approval or denial of their request to swap work shifts no later than three (3) business days after they are received by the Flight Sergeant. Only one (1) swap will be allowed on a shift at any one time. Shifts being swapped must occur during the same work week and must not cause overtime.

ARTICLE 15

HOURS OF WORK AND OVERTIME

Section 15.1 The sole purpose of this Article is to provide a basis for computation of straight time rate, overtime, and any other premium wages which may be provided for in this

Agreement. Nothing in this Agreement shall be construed as a guarantee of any number of hours of work per day or per week. However, the COMPANY shall schedule full-time employees on a forty (40) hour per work week basis (not including guard mount time) as long as work isavailable.

Section 15.2

A. The regular workweek shall consist of forty (40) hours of work within a seven (7) day period, commencing immediately after 12:01 a.m., Sunday morning and ending at 12:00 midnight the following Saturday. The regular workdays shall consist of eight (8) hours of actual work (not including guard mount) within a period of twenty-four (24) consecutive hours commencing at 12:01 a.m. of a calendar day and ending at midnight of the calendar day. The

COMPANY reserves the right to schedule employees to work more or less hours per day or per week as the operations of the business require. It is understood that the COMPANY may utilize part-time employees to avoid incurring overtime at its discretion. Part-time employees will be scheduled by the Flight Sergeant to work up to three (3) shifts per week, when work is available and in accordance with their availability as laid out in Appendix 8. In addition, part-time employees will be required to accept a minimum offour (4) additional shifts during each four (4) week schedule period, when work is available and in accordance with their availability as laid out inAppendix B.

B. Any shifts still open will be distributed among all available part-timers but, not to exceed five (5) shifts per part timer per week, unless approved by management. It is necessary to have available part-time staff scheduled as needed to meet mission requirements of NBAFS security and to prevent unnecessary overtime and forced overtime for Full time staff

Section 15.3 All time actually worked in excess of forty (40) hours in a work week shall be compensated at one and one-half (1.5) times the employee's straight time rate of pay. Time paid for but not actually worked shall not be considered as time worked for the purpose of computing overtime.

Section 15.4 Lunch and personal breaks shall be granted on a fair and equitable basis. When a personal break is requested, every attempt will be made to relieve the employee as soon as possible, but no later than thirty (30) minutes after requested, when possible within mission requirements. Each officer shall be allowed a paid personal break for each four (4) hours of work and a paid thirty (30) minute break for lunch, within the capabilities of the flight operation.

A break which is interrupted due to a security response shall be restarted whenever possible.

Section 15.5 For each period oftime for which an employee is entitled to compensation pursuant to a provision of this Agreement, he shall be paid in accordance with the pay formula which provides the greatest amount of compensation, but he shall not be entitled to compensation pursuant to any other pay formula set forth in this Agreement. Time for which an employee is compensated pursuant to the preceding sentence at a premium rate shall not be counted to enable the employee to receive compensation pursuant to another provision of this Agreement (for example, no pyramiding).

Section 15.6 Work and overtime work shall be scheduled in accordance with the procedures set forth in Appendix B to this Agreement Work for the "Detail Work" shall be scheduled in accordance with the Memorandum of Understanding set forth in Appendix C to this

Agreement.

Section 15. 7 In the event of any recall of security forces personnel ordered by the Base

Commander or his designee, including but not limited to, exercises, special events, distinguished visitors, real world Force Protection Conditions ("FPCON") of Normal, Alpha, Bravo, Charlie, Delta, the UNION and employees agree to use best efforts to meet additional staffing requirements to meet contractual requirements.

Section15.8 Overtime Pyramiding Wage payments at overtime or other premium rates shall not be pyramided for the same hours worked, and hours for which compensation is paid at the overtime or premium rates under one provision hereof shall not be construed as hours worked for making payments under any other provision of this agreement.

Section 15. 9 Back-Up Flight Sergeants The company and management reserve the right to train officers who volunteer as back-up Flight Sergeants to be used when needed. The employee that is trained as a back-up Flight Sergeant will remain part of the CBA and when working as a Flight Sergeant will have all powers of a Flight Sergeant while assigned to that position, except disciplinary abilities. The back-up Flight Sergeant will write a report on the incident and it will be reviewed by management for the purposes of disciplinary. If discipline is found to be necessary it will be given by a full time Flight Sergeant to the employee.

ARTICLE 16

EQUAL OPPORTUNITY

Section 16.1 In connection with the performance of work under this contract, the COMPANY and the UNION agree not to discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, age, national origin, disability, Veteran status, or UNION membership/activity or non- membership/non-activity.