Attachment 11 - Screener CBA 2020 - 2023 - Changes Accepted - Executed.pdf

AGREEMENT

By and Between

ALUTIIQ ADVANCED SECURITY SOLUTIONS, LLC

AND

INTERNATIONAL UNION, SECURITY, POLICE

AND FIRE PROFESSIONALS OF AMERICA

(SPFPA) & Its LOCAL 460

Thereof Representing The Security Officers Located At:

The PFPA FACILITIES AKA, “THE SITES”

Pentagon: 1400 Defense Pentagon Arlington, VA 20301

May 1, 2020 – November 30, 2023

DocuSign Envelope ID: C9BA8013-45AE-4B85-83A4-EC4833AFB1DF

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 - SCOPE OF AGREEMENT

ARTICLE 2 - MEMBERSHIP

ARTICLE 3 - NON-DISCRIMINATION

ARTICLE 4 - MANAGEMENT RIGHTS

ARTICLE 5 - SUBCONTRACTING

ARTICLE 6 - EMPLOYEE CLASSIFICATIONS

ARTICLE 7 - WORK WEEK AND HOURS OF WORK

ARTICLE 8 - UNIFORMS

ARTICLE 9 - DISCIPLINE AND DISCHARGE

ARTICLE 10 - GRIEVANCE PROCEDURE

ARTICLE 11 - ARBITRATION

ARTICLE 12 - NO STRIKE AND NO LOCKOUT

ARTICLE 13 - STEWARDS

ARTICLE 14 - JURY DUTY

ARTICLE 15 - LEAVES OF ABSENCE

ARTICLE 16 - WAGES

ARTICLE 17 - HOLIDAYS

ARTICLE 18 - VACATION

ARTICLE 19 - HEALTH AND WELFARE

ARTICLE 20 - SICK LEAVE

ARTICLE 21 - SENIORITY

ARTICLE 22 - LAYOFFS & RECALLS

ARTICLE 23 - VOLUNTARY QUITS

ARTICLE 24 -TRAINING RE-QUALIFICATION AND CERTICATIONS

ARTICLE 25 - GOVERNMENT DIRECTIVES

ARTICLE 26 - SAFETY

ARTICLE 27 - SUCCESSORSHIP

ARTICLE 28 - SEPARABILITY AND SAVINGS CLAUSE

ARTICLE 29 - DURATION OF AGREEMENT

APPENDIX A - WAGES

APPENDIX B - BENEFITS

APPENDIX C - STANDARDS

PREAMBLE

This Agreement is entered into as of May 1, 2020 by and between ALUTIIQ ADVANCED

SECURITY SOLUTIONS, LLC, hereinafter referred to as the (Company or Employer) and the INTERNATIONAL UNION, SECURITY, POLICE AND FIRE PROFESSIONALS OF

AMERICA (SPFPA) & Its Local 460 hereinafter referred to as the (Union and Local). This

Agreement covers the employees working at the Department of Defense Facilities, Employers contract number HQ0034-17-D-0005 hereinafter referred to as the Sites or

Facilities.

ARTICLE 1 - SCOPE OF AGREEMENT

Section 1.1 - Recognition

The Employer recognizes and acknowledges that the Union is the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of work and other conditions of employment, and all its security employees, as defined in the National Labor Relations Act, as amended, employed by the Employer at The Department of Defense Facilities. This Agreement shall apply to contract HQ0034-

17-D-0005 and subsequent option year renewals covering Pentagon Security Screeners.

The Employer agrees any new (or acquired) Department of Defense locations secured by the Employer that are certified by the NLRB or recognized by the Employer under this contract HQ0034-17-D-0005 will be considered an accretion to the existing bargaining unit and that the accreted workforce will be included under the current CBA.

The parties agree to negotiate any terms specified to those additional sites as required.

Such negotiations will concern only the terms and conditions for the new employees and shall not constitute a re-opener with respect to the remaining portion of this agreement.

Section 1.2 - Inclusion & Exclusion

For the purpose of the agreement the term “employee” shall include all security personnel employed by ALUTIIQ ADVANCED SECURITY SOLUTIONS, LLC. working at the

Pentagon, performing guard duties as defined by the National Labor Relations Act.

Excluding, Administrative Staff, Project Manager, Major, Captain, Lieutenant or any other

Management or Supervisory staff as defined by the National Labor Relations Act.

Section 1.3 - Probationary Employees

All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) calendar days from date of hire.

During their probationary period, employees may be subject to discipline or discharge at the discretion of the Employer, without regard to the provisions of Articles 9 and 10 of this

Agreement. All other provisions of this Agreement are applicable to probationary employees.

ARTICLE 2 - MEMBERSHIP

Section 2.1 - Definition

All officers 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 date of the signing of this agreement, whichever is later as a condition of continued employment.

An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, 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. Also as a condition of continued employment, an employee 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, for the duration of this Agreement.

Employees meet the requirement of being members 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 2.2 – Membership Compliance

In the event the Union requests the discharge of an employee 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 fourteen (14) calendar days after 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 employee, and the

Employer will not be required to discharge that employee.

An employee shall not be required, as a condition of employment, to pay money to the

Union, or to become a member of, or continue membership in, the Union, if he/she is 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 2.3 - Deduction

The Employer shall deduct such dues or agency fees each payday from the pay of all employees covered by this Agreement who provide individually signed authorizations.

The Employer shall tender such deductions to the Union by the last calendar day of the following month. The Employer shall also provide, on a monthly basis, the name, the identification number and job classification of each employee and the amount of dues or agency fees deducted.

ARTICLE 3 - NON-DISCRIMINATION

The Employer shall recruit, hire, train, assign positions and promote employees without regard to race color, religion, national origin, ethnic background, gender, age, marital status, sexual orientation, disability, status as a veteran, political affiliation or belief, military duty status, or Union activity.

ARTICLE 4 - MANAGEMENT RIGHTS

Realizing that the Employer must have flexibility regarding all job assignments and other operation decisions, the Employer retains the right, subject only to the limitations expressly set forth in this Agreement, to exercise all the rights and functions of management. Subject to the expressed limitations in this Agreement, nothing in this

Agreement shall be construed to limit or impair the right of the Employer to exercise its own discretion in determining whom to employ, and nothing in this Agreement shall be interpreted as interfering with the Employer's right to manage its business and direct its workforce, including but not limited to, the right to direct and control all operations and services to be performed by the employees of the Employer; to maintain order and efficiency in operations, to establish and change work schedules, to regulate the number of employees and the number and length of shifts and the starting and stopping time of each shift, to hire, transfer, lay off, promote, or determine the qualifications and classifications of employees, or to discharge, suspend with, or otherwise discipline employees for just cause; to alter, extend, limit, cease, transfer, or discontinue its operations or any part thereof, to decide the number of employees that may be assigned to work on any shift or any part thereof; to decide the number of employees that may be assigned to work on any shift or any job or the equipment to be employed in the performance of such work; to make and enforce rules and regulations; and to set and enforce standards of employee performance when in its sole discretion it may deem it advisable to do any or all of said things to meet the designated contract requirement.

The list of management rights set forth in this Article is not intended to be nor shall it be construed as a restriction or waiver of any rights of the Company not listed and not specifically surrendered in this Agreement, whether or not such rights have been exercised in the past.

ARTICLE 5 - SUBCONTRACTING

For the purposes of preserving work and job opportunities for the employees covered by this Agreement, the Employer agrees that it will not subcontract or transfer to non-bargaining unit employees, any of the work or services of the kind, nature or type presently or hereafter performed or provided by the Employer unless required to do so by

The Department of Defense in regards to the PFPA Facilities covered in this Agreement.

ARTICLE 6 - EMPLOYEE CLASSIFICATIONS

Employees who are regularly scheduled to work at least thirty-six (36) hours or more per workweek shall be considered as 'full-time". Employees who are regularly scheduled to work less than thirty-six (36) hours per workweek but at least thirty (30) hours per workweek shall be considered as "part-time" but eligible for medical benefits as defined by the ACA. All others working less than thirty (30) hours per week will also be entitled to no benefits other than those specified elsewhere in this agreement.

ARTICLE 7 - WORK WEEK AND HOURS OF WORK

Section 7.1- Workweek Designation

The workweek shall be from 0001 hours Sunday until 2400 hours Saturday each week.

Wages shall be paid semi-monthly on the 10th and 25th of each month.

Section 7.2 – Workday

The Workday shall begin at 0000 hours and end 2400 hours

Section 7.3 - Scheduling

The Site Manager will make and post a schedule two (2) weeks in advance. This schedule shall only be changed if an emergency situation occurs, if post orders are changed, or if an Employee and Site Manager agree to make a switch to the posted schedule. The

Employer shall schedule full time employees for at least eight (8) hour daily shifts unless the employee is working overtime. All full time employees shall be scheduled to work at least a thirty-six (36) hour schedule.

Section 7.4 – Breaks

The contractor shall ensure that all CSO’s working on this contract receive a minimum of one 10 minute paid break for each four hours worked and one UNPAID thirty (30) minute meal break will be provided. For twelve (12) hour shifts an additional PAID ten (10) minute break will be allowed during the last 4 hours.

The UNPAID meal break not given, or any portion thereof, will be paid to the Employee if worked

Section 7.5 - Overtime

Overtime is to be paid at the rate of one and one-half (1 1/2) times base hourly straight time wage rate. Overtime shall be paid to employees for work performed in excess of forty

(40) hours in a workweek. Paid vacation, personal leave, holiday or any other hours not actually worked shall not be counted as hours worked in the calculation of overtime.

Opportunity to work overtime shall be granted on the bases of seniority provided that it is consistent with the Employer's business needs and circumstances. All overtime must be authorized in advance by the Employer.

Section 7.6 - Call Ins

An employee called in outside his regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay in lieu thereof. This shall not apply to time scheduled for training or re-certifications outside of a regular schedule that may not last four (4) hours, provided it is scheduled in advance.

Section 7.7- Call Offs

A four (4) hour time period is required prior to all call offs or it will be considered unexcused.

Section 7.8- No Guarantee of Work

Nothing in this Article shall be construed as a guarantee of work, work opportunities, or hours, except as otherwise expressly provided.

Section 7.9 - Shift Transfer

Once the Manager and Employee agree upon a regular scheduled shift time, this shift shall remain the same except when emergency situations occur, or if an Employee and manager agree to a change in shift. When changes are necessary, as much notice as reasonably possible will be given.

Section 7.10 – Limitation on Daily Hours

DOD regulations do not allow contractors to work more than 12 hours per day at any DOD site. As such, all Employees must agree not work over twelve (12) hours in a day including the hours they may work in a day for another DOD contract. If it is discovered that an

Employee violates this agreement it grounds for disciplinary action up to an including termination.

Section 7.11 Building Closing

The Employer shall pay at straight-time pay all scheduled hours and/days that the building is closed by the President, The Office of Personnel Management (OPM), and the US

Congress or by an Act of God at the basic hourly rate on the condition that the Company receives payment from the Government for those wages/services. In such cases that the

Company is not reimbursed, the employee shall have the option to use or not use personal/sick time.

ARTICLE 8 – UNIFORMS

Upon termination of employment, the issued clothing and equipment shall be returned to the Employer. The Union agrees to allow the Employer to withhold four hundred ($400.00) dollars plus vacation pay out until employee returns all uniforms and equipment. All uniforms and equipment shall be returned cleaned within ten (10) business days after termination, or the aforementioned withholdings and vacation forfeiture will be applied.

Should the terms above be met, then the Employee will be paid all his/her remaining pay.

ARTICLE 9 - DISCIPLINE AND DISCHARGE

Section 9.1 - Just Cause

No employee shall be disciplined or discharged except for just cause. The Employer shall notify an employee of its intention to impose discipline or to discharge the employee within ten (10) business days after management has actual full knowledge of the incident on which the proposed discipline or discharge is based. The Employer shall conduct a confidential investigation of the circumstances of the event giving rise to possible disciplinary action, including meeting with the employee; during this meeting, Employee shall have the right to be accompanied by a shop steward. An employee discharged for just cause shall not be entitled to receive any accrued vacation or sick pay. Electronic devices must not be visible and may only be used in line of duty. First offense shall constitute a two day suspension; second offense shall constitute immediate dismissal.

Section 9.2 - Disciplinary Procedure

No employee shall be discharged/disciplined without just cause, and all dismissals/discipline will be subject to the grievance procedure and arbitration clause. All reprimands, suspensions, demotions, and discharge notices shall be in writing and shall be signed by the Project Manager. Copies of the discipline or discharge notice shall be given to the employee disciplined and to the shop steward. After a period of twelve (12) months following the date of issuance such disciplinary notice shall no longer serve as the basis for disciplinary action. Any officer who has filed a grievance protesting disciplinary action shall be entitled to review his disciplinary file and to receive copies of any current disciplinary notices.

The Company shall utilize a system of progressive discipline as follows

First offense: Verbal warning, if violation warrants such; otherwise will be elevated to the next appropriate level.

Second offense: Written warning and conference

Third offense: Suspension that suits violation not to exceed (5 days)

Fourth offense: Discharge if warranted

Theft, intoxication on the job, failure to perform work as directed, illegal use of drugs, or discussing company business with the government client may result in immediate dismissal regardless of the number of prior reprimands. The Company may discipline an employee in accordance with its Work Rules and Standards except insofar said Work

Rules and Standards are in conflict with the terms of this Agreement, in which case, the

Agreement shall prevail. The Employer shall provide the Union with a copy of all disciplines issued to bargaining unit employees within three (3) working days of issuance when requested by the Union.

Section 9.3 - Open Posts

Notwithstanding the progression of discipline set forth, if an employee causes an Open

Post, a one day suspension will be given on the first offense.

On the second such offense within any consecutive 12 month period, a three-day suspension will be given

On the third such offense within any consecutive 12 month period, a five-day suspension will be given, On the fourth such offense within a consecutive 12 month period, the employee may be terminated at the employer’s discretion.

Section 9.4 - Standards of Conduct

Standards of Conduct are vital guidelines, rules, regulations and procedures important to any security program. They are CRITICAL to the mission and if these standards are violated, termination of employment is quite likely.

It is vital that all employees realize that they represent the EMPLOYER and WILL BE

HELD ACCOUNTABLE FOR ALL ACTIONS. The following acts, either in commission or omission will serve as INCONTESTABLE GROUNDS FOR TERMINATION, without further warning, on the basis of GROSS MISCONDUCT, upon verification by appropriate investigation.

1. Assault, making or uttering verbal or physical threats.

2. Arson.

3. Theft or pilferage by an officer.

4. Sabotage.

5. Willful or careless destruction of property.

6. Dishonesty; accepting bribes, enabling a person to secure stolen property, permitting unauthorized access to classified material or lying.

7. Falsification; making or authorizing fraudulent entries on official documents, falsifying reports.

8. Insubordinate toward the client, supervisors or management personnel.

9. Disregard or lawful orders; to include written post orders, special orders or instructions or verbal instructions from supervisors or management personnel.

10. Violations or rules, regulations or established policy of EMPLOYER or its clients.

11. Sexual harassment or discrimination to toward EMPLOYER and client employees and visitors.

12. Intoxication: drinking or being under the influence of alcohol, illegal drugs or controlled substances while on duty.

13. Negligence: sleeping or the appearance of sleeping on duty, abandoning post, leaving post without proper authority, failing to perform duties as prescribed.

14. Absenteeism: failure to report for work. Failure of a relieving officer to notify the designated Supervisor or Project Manager of his/her inability to report for duty (No call/

No Show). Unsatisfactory attendance.

15. Tardiness: repeated failure to report to work on time.

The following acts, either in commission or omission, can serve as incontestable grounds for disciplinary action including SUSPENSION FROM WORK, REDUCTION IN WORK

HOURS, DEMOTION OR TERMINATION, depending upon severity.

1. Accepting any fees.

2. Any act of cruelty or oppression toward any employee or another member of the security force.

3. Communicating orders or information to any person not authorized to receive them.

4. Conduct unbecoming of an officer or prejudicial to discipline.

5. Violating or willfully or carelessly permitting violations of EMPLOYER or client rules, regulations or contract requirements.

6. Entertaining unauthorized persons post.

7. Failure to deal politely and courteously with the client or visitors to client facilities.

8. Consumption of alcohol within 8 hours of reporting for normally scheduled duty.

9. Unauthorized activities on duty: reading unauthorized materials on post; having any radio, tape player or television on post. Working on personal projects such as hobbies.

10. Using the telephone for any reasons other than security purposes.

11. Fraternization with EMPLOYER employees or client's employees while duty.

12. Any off-duty conduct that impairs the ability to obtain or maintain a security clearance or license, if required.

ARTICLE 10 - GRIEVANCE PROCEDURE

Section 10.1- Definition

A grievance is defined as any disagreement between the parties concerning any matters relating to wages, rates of pay, hours of employment or other conditions of employment, or any application or interpretation of the Employer's policies, applicable laws, or the provisions of this Agreement. Any such grievance shall be processed as set forth below.

The parties recognize that day-to-day problems affecting employees may normally be resolved informally between the employee and immediate supervisor. Such matters shall not be deemed grievances, and their settlement shall not establish a precedent for the resolution of similar problems.

Section 10.2 - Procedure

Step (1) — Employees having a grievance shall take it up with the local Program Manager within five (5) working days from the time that the grievance arose or from when the grievant -became aware (or should have become aware) of the facts giving rise to the grievance. A Shop Steward may be included in any discussions regarding the grievance.

The local Program Manager shall respond within five (5) working days.

Step (2) — If a satisfactory settlement is not effected in Step (1), the grievant, or an authorized Union representative on behalf of the grievant, may, within five (5) working days after the conclusion of Step (1), submit such grievances, in writing, signed by the grievant or the Union's representative, to the Corporate Program Manager or other designee. If within five (5) working days after submittal of the grievance in Step (2), either party requests, in writing, a meeting with the other party to discuss the grievance, then

Step (2) shall be deemed concluded within ten (10) working days after submission of the grievance in Step (2) or upon receipt of the Corporate Program Manager’s response, whichever is first..

Step (3) — If a satisfactory settlement is not effected in Step (2), the grievant may, within five (5) working days after conclusion of Step (2), submit such grievance to the Company's

Operations Director and responsible HR Manager. Either party may request a meeting with the other party to discuss the grievance, but such a meeting may only extend the time period provided in this step, by mutual agreement of all parties. The Operations

Director shall respond within ten (10) working days of either the receipt of the grievance or the conclusion of a requested meeting, whichever is later.

Step (4) — If a satisfactory settlement is not effected in Step (3), either party may refer the matter to arbitration.

In case of a discharge, both parties agree to proceed directly to a Step Two (2) meeting or conference call within seven (7) workdays after a written grievance is submitted to the

Employer. The meeting shall include the local and Corporate Program Managers & Union

Representative. Should there be no resolution in step two (2) the grievance will proceed to Step three (3) procedures.

Section 10.3 - Extensions

Procedure: Any grievance not processed in accordance with the time limits and/or steps of the grievance procedure prescribed above shall be deemed waived. Extension of these time limits may be accomplished only in writing, signed by the Employer and the Union.

For the purpose of this Article, "working days" shall be defined as Monday through Friday, excluding only holidays observed pursuant to this Agreement.

ARTICLE 11 – ARBITRATION

Section 11.1 - Arbitrator Selection

If the matter is referred to arbitration pursuant to Step (4) of Article XI, either party shall request a panel of seven arbitrators from the Federal Mediation and Conciliation Service.

The parties shall select from this panel a single arbitrator by alternatively striking names from the panel until one name remains. The parties may agree to obtain a list of arbitrators from the American Arbitration Association in any particular case. The arbitrator shall then proceed to hear and determine the case submitted. Unless otherwise mutually agreed, all hearings conducted hereunder shall be recorded verbatim by a qualified stenograph reporter or by other recorded means acceptable to an arbitrator. The expense of arbitration, including the fee and expenses of the arbitrator (including a transcript ordered by the arbitrator), shall be borne equally by both parties, but the cost of any other transcript shall be borne totally by the party ordering it.

Section 11.2 - Arbitrator Authority

The arbitrator shall have the provisions of this Agreement to render a decision on any grievance, but shall not have the authority to amend or modify this Agreement. The arbitrator shall determine any questions of arbitrability. Further, the arbitrator shall have the authority to apply and interpret the provisions of this Agreement, only insofar as may be necessary to the determination of the equities of each case, absent extraordinary circumstances, back-pay awards shall include reasonable interest. The decision of the arbitrator shall be final and binding on the parties and shall not be inconsistent with the terms of this Agreement, ARTICLE 12 - NO STRIKE AND NO LOCKOUT

The Employer agrees not to cause, permit or engage in any lockout of its employees during the term of this Agreement. The Union agrees that neither it nor the employees it represents covered by this Agreement will, during the term of this Agreement, cause, permit or take party in any strike, including sympathy strike, or picketing. It shall be a violation of this Agreement, and it shall be cause for discharge or suspension in the event an employee refuses to enter upon any property involved in a labor dispute involving other employee organizations or refuses to go through or work behind any picket lines involving other employee organizations at the Employer's place or places of business. The Union and the Employer agree to take all steps possible to ensure that Government property is properly secured and protected in the event of labor disputes involving other employee organizations at the PFPA Facilities in this Agreement.

ARTICLE 13 - STEWARDS

Section 13.1 - Definition

The Union shall designate no more than three (3) Stewards and one (1) Chief Steward.

The Union shall notify the Employer of the selection of Stewards within ten (10) days of such selection. Stewards shall not interfere with the management of the business or direct the work of any employee.

Section 13.2 - No Authority to Call Strikes

Stewards have no authority to call or direct strikes or authorize other economic action against the Employer. The authority of Stewards shall be limited to the investigation and representation of grievances in accordance with the provisions of this Agreement and the transmission of such messages and information, which shall originate with and are authorized by the Union or its officers. All stewards shall act in the capacity as an Alutiiq security officer first and as a Union steward second.

Section 13.3 - Steward Unavailability

In the absence or unavailability of the Steward designated as representing employees on a specific shift or in a specific location, any other Union-designated Steward may represent bargaining unit employees.

ARTICLE 14 - JURY DUTY

Section 14.I- Jury Duty Pay

The Employer agrees to pay employees, called for jury duty, their normal full regular pay for up to five (5) days per calendar year of the employee's civic duty, less any fees or sums received from the Court, provided that the employee notifies the Employer within seventy-two (72) hours after he or she receives a jury duty questionnaire or notice that he or she is subject to a jury duty call.

Compensation shall be paid by the Employer for jury duty on any normally scheduled workday. The Employee will be paid for jury duty during the pay period following the pay period during which the Employee provides full documentation confirming all days of service on jury duty and returning fees or sums received to the Employer.

Section 14.2 - Court Appearances

Court or administrative appearances necessitated by job related occurrences or incidents shall be compensated fully at the rates specified in this Agreement less any monies received from the court. The affected employee shall not receive less than the recommended pay. However, other court, administrative or grievance procedure and/or arbitration appearances shall not be Employer-paid.

ARTICLE 15 - LEAVES OF ABSENCE

Section 15.1 - Maternity and Sick Leave

All provisions of this Article shall be applied in a manner consistent with the Family and

Medical Leave Act of 1993, Eligible non-probationary employees will be granted up to twelve (12) weeks of unpaid leave for their own serious illness, for the birth or adoption of a child, or the care of a seriously ill child, spouse or parent.

An employee, who is pregnant or otherwise sick and cannot perform his/her duty safely or efficiently, shall take a leave of absence. An employee who takes such maternity or sick leave must utilize as much paid sick leave as he/she has accrued. During such leave of absence, the employee shall retain his/her existing seniority and shall continue to accrue seniority.

Section 15.2 – Extended Maternity and Sick Leave after FMLA

If an employee, who is ill (or returning from maternity leave) and unable to work and has exhausted his or her FMLA usage, the employee may request to be granted extended leave without pay of up to six (6) months. Granting such leave shall rest solely with the

Employer’s discretion. During an extended leave, the employee shall not continue to accrue seniority, although all seniority attained prior to the granting of extended maternity and sick leave shall be retained. The same position may not be available but the Employer will make known to the Employee any open positions available.

Section 15.3 - Personal Leave Without Pay

An employee may request personal leave without pay for a period of up to six (6) months, It is within the Employer's sole discretion whether such requests, which must be in writing and state the reason for and length of the desired leave, will be granted.

Neither seniority nor benefits shall accrue during such personal leave. If no job is available on the employee's former shift or former site, he or she may be put on any shift or site, but will be returned to his or her former shift or site as soon as an opening is available, consistent with the employer's scheduling needs.

Section 15.4 - Bereavement Leave

In the event of the death of a member of a non-probationary unit employee's immediate family, the employee will not lose any wages which he or she would otherwise have earned during the next four (4) consecutive calendar days for the period from the date of death through the day following burial, and will receive benefits for his or her time lost as specified in the Appendix For the purpose of this provision, members of the employee's immediate family include: mother, father, mother-in-law, father-in-law, grandmother, grandfather, siblings, spouse, legalized domestic partner, or children (adopted or stepchildren). Appropriate documentation of death and family relationship may be required.

Section 15.5 - Military Service

In accordance with the Uniformed Services Employment and Reemployment Rights Act and amendments thereto upon honorary discharge, preferred treatment will be given to previously employee military personnel, dependent upon position availability at the time of inquiry.

ARTICLE 16 - WAGES

The Employer agrees to pay employees wage rates as set forth in Appendix "A".

ARTICLE 17 — HOLIDAYS

Section 17.1 – Holiday Dates

The Employer shall grant all employees ten (10) paid holidays off per calendar year.

Holiday benefits shall be paid, as specified in Section 17.3 provided that the employee works his or her regularly scheduled work day before the holiday and his or her regularly scheduled work day after the holiday:

NEW YEAR’S DAY LABOR DAY

MARTIN LUTHER KING DAY COLUMBUS DAY

PRESIDENT'S DAY VETERAN'S DAY

MEMORIAL DAY THANKSGIVING DAY

INDEPENDENCE DAY CHRISTMAS DAY

Holiday Pay will not be granted to employees when a holiday falls within a period of leave of absence or layoff.

Section 17.2 – Holidays Observed

All holidays shall be observed on the day designated by the Federal Government.

Section 17.3 – Holiday Pay

All “full-time” Bargaining Unit Employees normally scheduled to work thirty-six (36) hours or more per workweek shall receive a full eight (8) hours of holiday pay. All “part-time”

Bargaining Unit Employees normally scheduled to work thirty-five (35) hours or less per workweek shall receive a pro-rated holiday pay in the following manner:

Part-Time Bargaining Unit Employees shall receive holiday pay based upon the number of hours worked in the previous defined workweek. Holiday hours paid to a part-time

Bargaining Unit Employee are calculated as the number of regular hours worked (regular productive, training hours, holiday, and authorized paid time off taken) divided by thirty-five (35) hours. The result is multiplied by eight (8) hours.

The maximum amount of holiday pay earned by any Bargaining Unit Employee as a result of this calculation shall not exceed eight (8) hours.

All Bargaining Unit Employees who work the actual holiday shall receive an eight (8) hour holiday pay plus the actual hours worked on the said holiday. Those employees who do not work due to the post being closed on the holiday will receive holiday pay only as specified previously in this section. This benefit designed to compensate for a normal workweek and the extra benefit cannot be used to increase the Bargaining Unit

Employees hours over forty (40) in a week unless the Bargaining Unit Employee is specifically requested to work extra hours within that holiday workweek.

ARTICLE 18 - VACATION

Section 18.1 – Vacation Accrual

During the term of this Agreement, all employees covered by this Agreement shall earn vacation benefits in accordance with the following schedule. All vacation pay will be prorated up to the amount shown in the schedule below, The prorated amount will be based on the regular, non-overtime hours paid, not to exceed 2,080 hours during the year prior to the Employee's anniversary date. Accrued but unused vacation shall be cashed out at the end of each employee’s anniversary year. No cash out of accrued vacation time for employees terminated for cause.

1 — years of service 80 hours

5 — years of service 120 hours

10 — years of service 160 hours

Section 18.2 – Vacation Scheduling

All vacation benefits will be paid at the hourly rate in effect at the time of the employee's most recent anniversary date. Accrual or earned of vacation is based upon vacation earned by the employee without break in service. Vacations may be scheduled any time during the year in accordance with scheduling and manager approval. Employees shall select their vacation period in order of their seniority where reasonably possible and at a time mutually convenient to the Employer and the employee. No more than five percent

(5%) of the work force may be on vacation at any time. Vacation time must be taken within the year following its accrual.

ARTICLE 19 - HEALTH AND WELFARE

Section 19.1 - Health & Welfare

The Employer agrees to contribute such amounts as are set forth in Appendix ''A" for

Health & Welfare Benefits.

Effective July 1, 2020, the Company will provide benefits; any excess H&W shall be deposited into the Company 401k to the employee’s account, subject to the provisions of the Company’s benefit and 401k plans.

Section 19.2 - Pension

The Employer agrees to contribute such amounts as are set forth in Appendix "A" for

Pension for its covered employees.

ARTICLE 20 - SICK LEAVE

Section 20.1 - Effective Date

The earning and accrual of sick leave is based upon leave earned after the effective date of this Agreement by the employee, without break in service, for the Employer and any successor to the Employer at The Pentagon.

Section 20.2 – Sick Accrual

Employee shall be entitled to seven (7) sick days per year. Unused sick leave will be paid out to employees at the end of calendar year. The employer shall make every effort to assure sick leave requests are granted. Employees with less than Twenty-four (24) regularly scheduled hours are NOT entitled to this sick leave benefit. Leave will be prorated based on the number of hours worked during the year. Employees can call in four (4) hours in advance of the scheduled shift to take sick time, however leave may not be carried over from year to year. Sick leave shall only be granted in one (1) hour increments that have been previously accrued. Hours shall be accrued at the following rate: 1.615 minutes per hour worked, not to exceed 2080 work hours. Sick accrual shall not accumulate on PTO, vacation, holiday or other unworked hours. Accrued but unused sick leave shall be cashed out at the end of each option employee’s anniversary year.

Section 20.3 - Unpaid Leave

If accrued vacation and personal Days are already used, an employee may request unpaid personal leave. The request will be granted upon schedule availability at the time of request.

ARTICLE 21 - SENIORITY

Section 21.1 - Seniority Lists

The Employer shall maintain a seniority list for all regular full-time and part-time employees employed by the Employer at the site as listed in the preamble. The Employer shall provide a seniority list to the Union or its designee upon request.

Section 21.2 - Scheduled Overtime

Opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances and must be authorized in advance by the Employer. In the event that the Employer has advance knowledge of twenty-four (24) hours or more, such work will be offered consistent with seniority whenever possible. When the Employer has an unanticipated urgent need to provide coverage, the Employer shall have the right to require an employee who normally performs the work to remain on duty until relieved and or to require an available employee to provide such coverage, as conditions warrant.

Section 21.3 - Vacancies

Union seniority shall not extend from building to building. Vacant positions will be posted internally for a minimum of five (5) calendar days prior to hiring outside candidates. If a current employee wants to be considered for a posted vacancy, the employee must first have demonstrated skill, ability, and seniority, and must submit a post bidding slip to Site

Manager within the minimum five (5) working days after posting. If the employee is qualified, they shall be considered for the position change. In cases, where post bidding employees skills and abilities are equal, the post shall be awarded to the most senior employee.

Section 21.4 - Promotions

In the event a higher level job becomes available, first preference for such job shall be given to the most qualified employee with the most skill, ability and seniority currently employed at the PFPA Facilities. For the purposes of this section, a qualified employee is an employee who possesses work experience relevant to the higher level position, who has demonstrated the ability to lead and effectively interact with fellow employees, who has a good attendance and employment record, and who has the requisite permits and security clearances required for the job. If the most qualified employee declines the promotion, such position shall be offered to the next most qualified employees, and so forth, taking into account seniority whenever all other such considerations are equal.

If an employee who has been promoted is determined by the Employer, within ninety (90) days of his or her promotion, to fail to satisfactorily fulfill the requirements for the position to which he or she was promoted, such employee shall be demoted to his or her original or similar position in the bargaining unit at the employee's prior site or other site, and shall receive the appropriate rate of compensation for such lower position. Time spent as a supervisor shall not count towards a unit employee's seniority.

ARTICLE 22 – LAYOFFS & RECALL

Section 22.1- Reduction in Work Force

In the event that the work force at The Department of Defense PFPA Facilities shall be reduced for any reason, the employees with the least seniority shall be laid off first. The employer shall provide the employees with a one (1) week notice of pending layoff provided that the client provides the company with a notice one (1) week notice prior to layoffs.

Section 22.2 – Recall

Employees shall be recalled in the reverse order of layoffs with the most senior employee being recalled first. Shift reassignments shall be by the bidding process, and full-time employees may bid to return on a part-time shift and be transferred to a full-time position when one becomes available. If an employee declines recall to any position based upon seniority and declines, they will be considered to have voluntarily quit.

Section 22.3 – Termination of Seniority

In the event of a layoff, seniority does not continue to accrue during layoff. An employee shall retain the seniority which he or she possessed at the time of the layoff except as follows.

An employee's seniority with the Employer shall be broken after thirty (30) days if the employee: voluntarily quits, retires, is discharged for cause; is absent from work for two

(2) consecutive working days without notifying the Employer of the reason for his or her absence before the close of the two (2) day period, unless there was an emergency which prevented the employee from properly notifying the Employer; fails to return to work from layoff within five (5) working days after the mailing of notice of recall by the Employer, unless there was an emergency which prevented the employee from properly notifying the Employer or fails to return from a scheduled vacation or leave of absence without having given proper notice to the Employer, unless there was an emergency that prevented the employee from properly notifying the Employer.

In the event, the Employer loses its contract to provide services at the Pentagon, the

Employer will have no obligation with regard to this Section after the termination of its contract except as provided herein, all layoffs shall be in accordance with seniority.

In the event that an employee is laid off for reasons other than the Employer's loss of contract, the Employer shall, within thirty (30) days of the layoff, determine if the employee is qualified for work at another job site, and if so, offer the employee the opportunity to transfer.

In the event the Employer determines it is necessary to rotate employees among posts, every reasonable effort shall be made to assign employees during the same shift in which they worked. The Employer will make every reasonable effort consistent with the

Employer's business needs to assign employees in such a manner as will not disrupt established child care arrangements, as well as family or other work obligations.

Assignments are to be made in an unbiased manner and in accordance with seniority to the extent possible.

ARTICLE 23 - VOLUNTARY QUITS

An employee shall be deemed to have voluntarily quit employment with the Employer if:

The employee accepts employment in a management or supervisory capacity with a competitor of the Employer at the same time while he or she is employed by the Employer, or otherwise fails to report for duty as scheduled by the Employer, while simultaneously remaining an employee of a competitor of the Employer.

The employee fails to report for work within forty-eight (48) hours of the beginning of his/her scheduled shift after the expiration of a leave of absence without a telephone call or other explanation, unless there was an emergency which reasonably prevented the employee from properly notifying the Employer.

The employee fails to respond within five (5) days of the Employer sending a notice of recall, unless there was an emergency which prevented the employee from properly notifying the Employer.

ARTICLE 24 -TRAINING RE-QUALIFICATION AND CERTICATIONS

Section 24.1- Training Pay Rate

The Employer agrees to pay employees, at their current base rate as shown in Appendix

“A”, for training required by their position.

Section 24.2 - Height/Weight Standards

All employees are required to maintain the Height/Weight standards reflected within contract HQ0034-17-D-0005, (Appendix C) at all times and are incorporated into this document by reference. Employees will be required to have their Height/Weight checked annually; however, they are subject to having their Height/Weight checked at any time.

If an employee fails to meet the established standards, they will be afforded a one (1) month period to meet the standards. If the employee either fails to meet the minimum standard within the aforementioned one (1) month period, or passes their annual

Height/Weight date, will be liable for termination of employment.

Section 24.3 - Drug Testing

Employer agrees to pay a maximum of two (2) hours wages at members’ current rate of pay for mandatory random drug testing. Current requirements are for the officer to attend the drug testing within twenty- four (24) hours of notification. Should the officer not attend the drug testing within twenty- four hours (24) of first notification, the employee shall be considered to be a voluntary quit except in extenuating circumstances as approved by the Company.

ARTICLE 25 - GOVERNMENT DIRECTIVES

Section 25.1 - Government Directives

The parties recognize that they are providing a service to the United States

Government. Therefore, the administration of the terms of this Agreement is subject to the directives of the Government. The client may supersede any understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other

Government directive not mentioned herein.

Section 25.2 - Government Requirement for Compliance

Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures, (e.g., security clearances, medical, examinations, weapon proficiency testing, uniforms/appearance standards, staffing determinations, assignments, work rules, and drug testing), or with the requirements of the Service Contract Act, the Employer will be permitted to adhere to those requirements without recourse from the Union or any employee against the Employer.

However, it is agreed that the Employer and the Union will meet and bargain over the impacts and effects of any such change.

Section 25.3 - Client Directed Removal

If the contracting agency directs that a specific employee be removed from the contract or otherwise disciplined, any such action directed may be undertaken by the company, and, in such situation, the sole issue subject to the grievance or arbitration procedures of this Agreement will be whether the contracting agency actually directed that the employee be removed or otherwise disciplined. An arbitrator shall have no authority to offer condition or in any respect limit the company’s right to remove an employee at the direction of the contracting agency. In the event that the contracting agency expressly directs the removal or discipline of a contract employee, the company agrees to cooperate with the Union by providing it with all relevant information concerning the incident.

Section 25.4 - Contractual Obligations of Company to Client

The Union recognizes that the Company has certain obligations in its contract with its client pertaining to security and agrees that nothing in this Agreement is intended to place the Company in violation of its security agreement with the client. Therefore, in the event any governmental agency advises the Company that any employee covered by this Agreement does not have or cannot obtain the required Security Clearance, and thus is restricted from work on, or from access to, classified information or material, the sole issue subject to the grievance and arbitration procedures of this

Agreement will be whether the governmental agency actually advised the Company that the employee does not or cannot obtain the required Security Clearance. An arbitrator shall have no authority to offer condition or in any respect limit the

Company’s right to remove an employee at the direction of the contracting agency.

Section 25.5 - Copy of Government Directive

The Employer agrees to provide the Union with a copy of such Government Directive upon request.

Section 25.6 - Executive Orders

The Union and the Company recognize and will abide by Executive Orders 11246 and

11247 and Title VII of the Civil Rights Act of 1964 and all related rules, laws, and regulations, as amended.

Section 25.7 - Relief During Acts of God

The Company has a duty to service its client and should any “acts of God” or “natural disasters” be suffered, to include hurricanes, tornadoes, floods or any other inclement weather, employees who are currently at work will be held over until properly relieved.

ARTICLE 26 - SAFETY

From time to time, the Company will develop policies and procedures to ensure employee safety, covering topics such as weapons or DOT Compliance/Motor Vehicle

Safety. Before implementing, the Company will forward such to the Union for review before implementation to allow the opportunity, if requested, to discuss and/or bargain the effects of such…