ATTACHMENT_07_-_Local_850_CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AHTNA TECHNICAL SERVICES, INC. (ATSI)

AND THE

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA

INTERNATIONAL UNION AND ITS LOCAL# 850

7 4870-0001/LEGAL22452187 .1

74870-0001/LEGAL22647829.1

TABLE OF CONTENTS

Agreement

Article 1 Recognition

Article 2 Classifications

Article 3 Fair Employment Practices

Article 4 Union Membership and Check Off

Article 5 Union Representation

Article 6 Management Rights

Article 7 No Strike or Lockout

Article 8 Seniority

Article 9 Layoff and Recall

Article 10 Grievance Procedure

Article 11 Arbitration Procedure

Article 12 Drug & Alcohol Policy

Article 13 Government Requirements

Article 14 Examinations

Article 15 Bulletin Board

Article 16 General

Article 17 Discipline

Article 18 Hours of Work/Overtimerrraining and Mileage

Page2

Article 19 Schedule Bidding Process

Article 20 Wages

Article 21 Health and Welfare

Article 22 Retirement Allowance

Article 23 Employee Morale & Welfare Fund

Article 24 Vacations

Article 25 Sick Leave

Article 26 Holidays

Article 27 Uniform Allowance & Equipment

Article 28 Bereavement Leave

Article 29 Leave of Absence

Article 30 Attendance

Article 31 Dues Check Off/Authorization

Article 32 Duration

Article 33 SCA and ICE Contract Supremacy Clause

Article 34 Calculations

Signature Page

Appendix A

Page3

74870-0001/LEGAL22452187.1

AGREEMENT

This Agreement was entered into on [date] by and between AHTNA TECHNICAL SERVICES, INC. and any of its successors, hereinafter collectively referred to as the Company and the United Government Security Officers of America, International Union and its Local 850 (hereinafter referred to as "the Union").

In the event the U.S. Government (hereinafter referred to as "the Client") terminates the current or any succeeding Service Contract Act Contract with the Company for security services at the Port Isabel Detention Center under Contract HSCEDM-08-D-0002 or any successor contract, this Agreement will become null and void between the Union and the Company.

ARTICLE 1

RECOGNITION

Section 1.01 The Company recognizes the Union as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment, or other conditions of employment for all bargaining unit employees employed at the Port Isabel Service Processing Center in Los Fresnos, Texas. The bargaining unit is defined as all part-time and full-time Detention Officers, employed by the Company at the Port Isabel Detention Center (Los Fresnos, Texas, sometimes referred to as "the worksite" or "PIDC"), excluding all office clerical employees, professional employees, and supervisors as defined in the National Labor Relations Act. A supervisor is an individual having authority in the interest of the Company, to hire, transfer, suspend, layoff, recall, demote, promote, assign, reward, or discipline and/or discharge employees for just cause. This agreement shall be binding on all parties and their successors and assigns. In the event of a sale, acquisition, or transfer of the business/Company, or any part thereof, the purchaser or transferee shall be bound by this agreement.

Section 1.02 The Company hereby recognizes the Union as the sole bargaining agent for all detention officer employees who are now on the payroll and all such employees who in the future are employed and placed on the payroll by the Company; and shall negotiate with the accredited representatives thereof chosen by the Union for the purpose of settling any disputes which may arise concerning wages, rates of pay, working conditions, hours and any other conditions of employment and shall adjust grievances or complaints on any of these matters in the manner provided for in this Agreement.

Page4

Section 1.03 The Company will notify the Local Union President or Vice President of any new hire training classes as soon as the class schedule is known. The Company will coordinate with the Union so they may schedule and hold an orientation regarding Union business and where new-hire employees may ask questions of the Union. It is agreed that the Union orientation is not compensable by the Company.

Section 1.04 The Parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated upon; and that the Agreements contained herein were arrived at after the free exercise of such rights and opportunities. All rights, privileges and authority regarding subjects of bargaining not expressly addressed in this agreement are reserved to the management of the Company.

Company agrees to notify Union of policy or procedure changes, and if requested by the Union, the Company will meet with the Union to discuss any changes only if the change is unrelated to the Client's request.

If it becomes necessary to review articles contained within this CBA to clarify meaning and/or to agree upon the meaning of articles the Company and the Union shall be entitled to request up to two meetings per CBA year. The parties agree to meet within 30 days of notification of such request of either party, and a written agenda shall be submitted citing the specific articles for review during the meeting.

Section 2.01

ARTICLE2

CLASSIFICATIONS

Employees are classified as full-time or part-time Detention Officers.

Section 2.02 Full-time employees are those employees who are classified as such on the Seniority List who are regularly scheduled to work 32 or more hours per week. The number of full-time employee slots is determined by the Company based on various post coverage requirements incident to performance of the Client contract.

Section 2.03 Part-time employees are those employees who are classified as such on the Seniority List, who are regularly scheduled to work 32 or less hours per week. The number of part-time employee slots is determined by the Company based on various post coverage requirements incident to performance of the ICE contract.

PageS

7487().()()()1/LEGAL22647829.1

Section 2.04 Employees covered by this Agreement shall not be required to deliver office supplies, furniture, or equipment that does not pertain to normally assigned duties.

Section 2.05 Employees covered by this agreement generally will not be required to perform janitorial services other than picking up after themselves. In the event of an emergency, such as a hurricane, tornado or other event not anticipated by the Company or Union, employees may be required to perform janitorial services in order to restore the worksite to a functional state and to restore operations of the worksite. The Company will first ask if any employees wish to perform janitorial services on a voluntary basis by Seniority and if there are no volunteers the Company will select employees based upon those with the least seniority.

Section 2.06 Employees are classified as Detention Officers for purposes of classification within the job titles expressed in the Federal Wage Determination system. No Detention Officer is considered part of management, under Article 8, for the purposes of suspension of seniority upon promotion to management positions.

Section 2.07 If an employee leaves a Union-covered position for a non-covered position with management and subsequently returns to the bargaining unit position within 90 days, the employee will retain his/her original seniority.

ARTICLE3

FAIR EMPLOYMENT PRACTICES

Section 3.01 The Company and Union agree to comply with applicable state and/or federal law governing discrimination in the workplace, and both agree that neither shall engage in conduct deemed unlawful under state or federal law.

Section 3.02 The parties agree that this document uses terms that are gender specific (i.e., "he" or "her'') The application and use of such terms are not intended to discriminate or exclude any individual covered by this Agreement, but rather is intended to reduce redundancies in writing this document.

Page6

74870.0001/LEGAL22647829.1

Section 3.03 The Company agrees to treat all employees in a fair and consistent manner. It is understood, however, that the Client controls and may designate positions within the workplace as "male only'' and/or "female only" and that such designation is not considered discriminatory.

ARTICLE4

UNION MEMBERSHIP AND CHECK OFF

Section 4.01 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, and who elects to become a member of the Union.

Section 4.02 The Check-Off Authorization Card to be executed and furnished to the Company by the Union and employees shall be the official Union AUTHORIZATION FOR CHECK-OFF OF DUES, a copy of which shall be attached and made part of this agreement is mutually agreed by the parties.

A. All sums collected in accordance with such signed authorization cards shall be remitted to the Financial Officer of Local 850 not later than the fifteenth (15th) of the month subsequent to the month in which such sums were deducted by the Company.

B. The Company shall furnish with the monthly check a list of all employees for whom deductions have been made.

Section 4.03 The Union accepts full responsibility for the authenticity for each check-off card submitted by it to the Company, and any authorizations which are incomplete or in error shall be disregarded by the Company, and shall be returned to the Union for correction. The Union agrees that, upon receipt of proper proof, it will refund any employees any deduction erroneously or illegally withheld from an employee's earnings by the Company which has been transmitted to the Union by the Company. The Union further agrees to indemnify the Company and hold it harmless against any and all claims, suits or other forms of liability which may be made against it by any party for amounts deducted from wages as herein provided.

Page7

Section 4.04 No deductions of Union dues will be made from the wages of any employee who has not executed a check-off form or who is not in pay status. Upon returning to work, deductions will be resumed, provided it is in accordance with the other appropriate provisions of this Agreement and of the National Labor Relations Act, as amended.

Collection of any back dues owed at the time of starting deductions for any employee, and collection of dues missed because the employee's earnings were not sufficient to cover payment of dues for a particular pay period, will be the responsibility of the Union, and will not be the subject of payroll deductions.

Deduction of membership dues shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount that after all other deductions authorized by the employee, or required by law, have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the pay period in which the employee's last day of work occurs.

ARTICLE 5

UNION REPRESENTATION

Section 5.01 At the employees' request, employees covered by this Agreement shall be represented in the investigation, presentation, and settlement of a grievance by a steward or elected official of the Union.

Section 5.02 The Steward or Elected Official is employed to perform full-time work on the post to which each is assigned. The Steward or Elected Official may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement, provided the employee receives authorization from the Company prior to conducting Union business while on duty.

Section 5.03 Upon authorization from the Company and the Client, access to its premises during working hours will be given to the Union International Representative when necessary for the purpose of addressing Union business with Company Management.

PageS

Section 5.04 The Company agrees to furnish statements, written material, or allegations to the Union upon the completion of an investigation giving rise to a grievance involving rights and/or obligations of the collective bargaining unit. For all other matters, the Company agrees to furnish statements, written material or allegations to the Union upon request by the effected employee.

Section 5.05 Either the Company or the Union may request a meeting to discuss any matters, exclusive of grievances, arising out of the application or interpretation of this Agreement. Thereafter, a meeting shall be held at a time and place mutually agreeable.

Section 5.06 The company and Union bargaining committee agree to hold joint "Union/management" meetings monthly. The purpose of the meeting will be to discuss current happenings within the company and any problems or disputes that have occurred during the month. The parties will not be obligated to discuss issues that are already in the grievance procedure.

Section 5.07 The Local Union will furnish an updated list of all Union Officials as changes occur.

Section 5.08 The Company will allow up to five (5) employees elected by the Local Union to attend as a delegate to conferences and/or other Union related business upon request from the Local Union President and upon reasonable notice to the Company; reasonable notice is defined as when the Union learns of the meeting or at least 30 days advance written notice. Up to three (3) employees will be allowed to attend the Union's International convention and up to five (5) employees will be allowed to attend labor negotiations with at least 30 days written notice to the Company and provided there is sufficient staffing to meet the Company's contractual obligations to the Client.

ARTICLE 6

MANAGEMENT RIGHTS

Section 6.01 The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company.

The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or

Page9 as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, layoff, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment, determine, establish or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment for its operations, including equipment for new operations; to determine the number of hours per day or week that operations shall be carried on; to establish day and night shifts, to set the hours of work and the number of employees for such shifts, and the Union must be notified prior to any changes thereof, to determine the fact of lack of work; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 6.02 The above paragraphs are recognized as the rights and functions of Management by the Union, but the Company agrees that the exercise of the Management functions will be in accordance with the terms and conditions of this Agreement and Agreements entered into in the future with the Union.

Section 6.03 The Union agrees that all employees must read the effective Company Handbook Addendum during training and acknowledge that they have read and understand its content as provided by Company policy.

Section 6.04 Security Officers may be part of a bargaining unit represented by a Union. In cases where the provisions of the Company handbook conflict with the provisions of this collective bargaining agreement, the terms of the collective bargaining agreement shall prevail. In cases where the provisions of the collective bargaining agreement conflict with provisions the Service Contract Act or provisions of the Client's contract, the terms of the Service Contract Act and the Client's contract shall prevail.

ARTICLE 7

NO STRIKE OR LOCKOUT

Section 7.01 During the term of this Agreement, the Union agrees that it will not engage in any strike, work stoppage, slowdown, sit down, sympathy strike, sick out or blue flu, or any other work interruption or interference with or against the Company, directly or indirectly, for any reason, whether in protest of alleged violations of this Agreement.

Section 7.02 During the term of this agreement, the Company will not lock out employees.

Section 8.01

ARTICLE 8

SENIORITY

Seniority shall be defined as the total length of time spent by an employee with continuous service with the present contractor and all previous contractors at the worksite, unless otherwise provided for in this Agreement. Full-time employees and part-time employees shall be placed on separate seniority lists. Male and female employees shall be placed on the same seniority list, however, for purpose of bidding schedule slots, if required by the Client, the Company may require female employees with the least amount of seniority to work a shift due to contract coverage requirements.

Section 8.02 An employee shall be regarded as a probationary employee for the first ninety (90) calendar days of his employment. During this period, the employee may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement, provided that any claim or complaint based on a violation of Article 6 or any federal, state or local statute, regulation or ordinance shall be subject to the Grievance and Arbitration provisions herein as the exclusive means of redress. There shall be no responsibility on the part of the Company to retain such employee on the payroll and the layoff or discharge of such employee shall not constitute the basis for a grievance against the Company.

Section 8.03 A probationary employee who has been laid off or discharged, and who is later re hired after a period of one year from his separation date, will begin a new probationary period upon his first day worked following such rehire.

Section 8.04 After an employee has completed ninety (90) calendar days of employment their name shall be placed on the Seniority List in accordance with their respective hire date, which shall constitute their seniority date.

Section 8.05 Seniority for employees who are hired on the same date will be determined by the date and then the time wherein the employee first stood post. The tie breaker would revert to the lower number of the last 4 digits of the respective employees' social security number.

Section 8.06 A Seniority List will be furnished quarterly to the Union by the Company.

Section 8.07 An employee shall lose their seniority for any of the following reasons:

(a) An Employee quits.

(b) An Employee is discharged for just and proper cause.

(c) An Employee is laid off for a period equal to his/her seniority or they had less than one (I) year of seniority with the Company at the time they were placed on layoff. In the event an employee is laid off due to a closure at the worksite because of a natural disaster the employee will not lose seniority.

(d) An Employee fails to report to work within seven (7) workdays after written notice of recall following a layoff or after expiration of an authorized leave of absence.

(e) An Employee retires.

(f) An Employee accepts employment elsewhere while on leave of absence.

(g) An Employee fails to report to work for two (2) consecutively scheduled days without notifying the Company (except in case of circumstances beyond their control with valid documentation) shall be considered a voluntary resignation.

Section 8.08 An employee terminated for reasons other than just cause shall retain their seniority status as of the date of termination provided: (1) the employee satisfies all requirements for rehire; and (2) applies for rehire within 12 months of the last day worked. Employees who apply for a vacancy at the worksite shall be given preference in hiring. Preference in hire shall be defined as priority given to the former employee among equally qualified applicants.

7487(}()()()1/LEGAL22647829.1

Section 8.09 In the event it is determined that there will be a reduction in the work force, employees serving their probationary period at the time of the implementation of the reduction shall be laid off before employees with seniority.

Section 8.10 Seniority shall be applied as specified by the terms and conditions of this Agreement.

Section 8.11 Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement or applicable law.

Section 8.12 Employees who are hired by the company will utilize that date as their seniority date. Employees with previous onsite working experience with another employer, without break in service, will maintain site seniority for the purposes of benefits only per the Service Contract Act guidelines.

ARTICLE 9

LAY OFF AND RECALL

Section 9.01 In the event of a lay-off, probationary employees shall be laid off first without regard to their individual periods of employment. Seniority for employees who are hired on the same date will be determined by the date and then the time wherein the employee first stood post. Where multiple employees under this section were hired on the same date, the least senior employee will be determined by the lower number of the last 4 digits of the respective employees' social security number.

Probationary employees shall not accrue seniority while on lay-off and shall have no recall rights.

Section 9.02 Non-probationary employees shall be the next to be laid off on the basis of job classification seniority.

Section 9.03 When a vacancy arises, the Company shall recall employees in accordance with seniority.

Section 9.04 An employee shall continue to retain recall rights for twelve (12) months or the length of employment, whichever is less, commencing from the date of the lay-off.

7487(}0001/LEGAL22647829.1

ARTICLE 10

GRIEVANCE PROCEDURE

Section 10.01 For purposes of this Agreement, the word "grievance" means any dispute between the Company and the Union, or between the Company and any employee as to the meaning, application, or interpretation of the terms of this Agreement. Probationary employees shall not have any rights under the grievance procedure.

Section 10.02 In order to be processed, all grievances must be presented to the Company at the first step within seven (7) calendar days after the date of the occurrence giving rise to the grievance or within seven (7) days after the employee knew or should have known of an occurrence giving rise to a grievance. In the case of discharge, suspension or lay off, the grievance shall be commenced at Step 2 of this procedure and the written grievance shall be presented to the Project Manager or his/her designee within seven (7) days after the date of the occurrence giving rise to the grievance.

Section 10.03

Step 1 The employee shall meet with his/her supervisor to discuss the grievance. Upon completion of the step one meeting both parties will sign and acknowledge the date and time the meeting took place. If the grievance is not resolved within three

(3) calendar days of the meeting the grievance may be processed to Step 2.

Step 2 If the grievance is not resolved in Step 1, the grievance shall be submitted in writing signed by the aggrieved employee and his/her steward and submitted to the Project Manager no later than seven (7) business days from the step 1 meeting.

The written grievance, in addition to the above, shall contain the following:

• The complaint;

• The specific provision(s) of this Agreement allegedly violated by the conduct;

• The date on which the said conduct occurred;

• The date of filing of this grievance;

• Signed and approved by the Local 850 Union President or designee;

• The position or demand of the Union.

The Project Manager shall submit his/her answer in writing within seven (7) business days from receipt of the written grievance to the aggrieved employee and the steward.

Step 3 If the grievance is not resolved in Step 2, the Union may appeal the grievance in writing to the Company's Corporate Human Resources Director or Designee within seven (7) business days from receipt of the Project Manager's answer. Within ten

(10) business days from the receipt of the Union's appeal, the Corporate Human Resources Director or designee shall submit a written reply to the Union.

Step4 If the matter is not resolved in Step 3, the Union shall submit the grievance to the Company President or Designee and the International Union's Regional Vice President for resolution within ten (10) business days of receipt of the Company's answer The Company President or Designee shall provide a written answer within fifteen (15) business days thereafter. If the matter is not resolved at this level, the matter shall then be considered for arbitration proceedings as provided in Article 11.

Section 10.05 Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with time limitations and requirements set forth above.

There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the Company to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure. In any particular case, any time specification may be extended in writing by mutual agreement between the Company and the Union.

Section 10.06 A Steward will be permitted to participate in the grievance procedure as specified above during the employee's scheduled workday if requested by the employee.

ARTICLE 11

ARBITRATION PROCEDURE

Section 11.01 Grievances which have been processed in accordance with the requirements of Article 1 0 Grievance Procedure, and which remain unsettled may be processed to arbitration in accordance with the following procedures and limitations.

Section 11.02 The Union, within twenty (20) calendar days after the rejection of the Grievance by the Company's President, or his/her designee, will in writing, notify the Company's President, labor relations or his/her designee of its intent to invoke arbitration; and the Company and the Union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case. Should the parties fail to agree upon the

7487().0001/LEGAL22647829.1

selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service to supply a list of seven (7) arbitrators to hear the case. A copy of this request will be sent to the Company. This request will be made within five (5) calendar days after the failure of the parties to agree upon an arbitrator. An arbitrator will be selected from the list supplied by the Federal Mediation and Conciliation Service by the parties alternately striking from the list until one name remains, and this individual will be the arbitrator to hear the case.

Section 11.03 The arbitrator may examine the witness or witnesses of each party. Each party shall have the right to cross-examine the witness or witnesses of the other party.

Section 11.04 The decision of the arbitrator shall be submitted, in writing, and shall be final and binding on all parties to the Agreement. Unless written authority is given, the decision shall be made within thirty (30) days following the close of the hearing.

Each party shall bear the expense of preparing and presenting its own case. The cost and all expenses of the arbitrator shall be borne equally by the parties.

Section 11.05 The arbitrator's authority shall be limited to finding a direct violation of the express purpose of the Contract provision or provisions in question rather than an implied or indirect purpose. The arbitrator cannot modify, amend, or, detract from or alter the provisions of this Contract, nor substitute his/her judgment for that of management.

Section 11.06 Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with the procedure and time limitations set forth above.

In any case, any time limit specification may be extended by mutual agreement between the Company and the Union, in writing.

ARTICLE 12

DRUG AND ALCOHOL POLICY

Section 12.01 The Company may from time to time test any bargaining unit employee as provided by the Company Handbook and/or as required by the Client. Testing may include: (a) randomly test any bargaining unit employee; (b) test any bargaining unit employee based upon the Government's or the Company's reasonable suspicion; (c) test any employee involved in any accident or any workplace injury;

(d) test any employee as part of their government required physical examination;

or (e) test any bargaining unit employee as allowed under any applicable federal, state or local law for the use of illegal drugs. Such testing will be in accordance with the procedures described in the Mandatory Guidelines for Federal Workplace Drug Testing Programs, initially published by the Department of Health and Human Services, as amended from time to time, and in accordance with applicable state laws, if any. There shall be no discrimination against bargaining unit employees and such testing will be conducted by the Company under a program and procedures of uniform applicability to all the bargaining unit employees.

Section 12.02 The Union and the Company agree that there shall be a zero tolerance policy for illegal drug use. If the results of a drug test are positive for illegal drugs, the Company may immediately terminate the employee.

Section 12.03 The Union and the Company agree to abide by the Company's drug and alcohol policy.

Section 12.04 If a bargaining unit employee is required to take a random drug test the employee will be paid at least two (2) hours of pay or time spent based upon documentation supporting time spent at his/her regular straight-time hourly rate if the employee is not otherwise on duty and no time spent by the employee in connection with said random drug test shall be included for the purpose of determining overtime or calculating overtime pay. The Union will be allowed to review the test and results upon written request and authorization by the employee.

ARTICLE 13

GOVERNMENT REQUIREMENTS

Section 13.01 The parties recognize that they are providing a service to the United States Government ("the Client"). Therefore, the administration of the terms of this Agreement is subject to the wishes of the Client and the Client's contract with the Company. The Client may supersede any understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other Government directive not mentioned herein. The Union acknowledges that the Company's obligations to the Client are further provided in the Project Work Statement governing the services provided at the worksite.

Section 13.02 Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures (e.g., security clearances, medical, examinations, uniforms/appearance standards, staffing determinations, assign ments, work rules, and drug testing), or with the requirements of the Service

Contract Act, the Company will be permitted to adhere to those requirements without recourse from the Union or any employee against the Company.

Section 13.03 The Company agrees to provide the Union with a copy of any Client directive or request effecting an employee's employment provided a Client request or directive is issued in writing by the Client to the Company.

Section 13.04 The Company may require employees to give voluntary statements in writing or interview employees regarding their knowledge of events under investigation by the Client or the Company. The Company is required to allow a Union representative to attend any such meetings or interviews upon the request of the employee. The Company may not force a statement from an employee through coercion or threats, nor compel an employee to make a statement against the employee's self-interest; however, failure to cooperate in a fact finding investigation will result in its conclusion without the employee's input to the process. If an employee is later found to have withheld information pertinent to an investigation, that employee may be subject to disciplinary action including termination.

Section 13.05

Employees who witness violations of Company and/or Client rules and regulations and who fail to report such violations as required by the Company and/or Client may be subject to disciplinary action.

ARTICLE 14

EXAMINATIONS

Section 14.01 Applicants, trainees and candidates for employment and employees may be required to successfully pass a physical/medical/psychological examination and drug screen, and physical test, specified by the Client or Company policy, or where the Company has concerns regarding an employee's fitness for duty. At any time an employee may be subject to further physical/medical/psychological examinations and testing during the course of his or her employment or recall to service after leave of absence. Any Company directed physical/ medical/psychological or drug testing will be at the Company's expense.

ARTICLE 15

BULLETIN BOARD

Section 15.01 The Company shall provide the Union with a reasonable space on a Company bulletin board for the posting of official notices to the members of the bargaining unit.

Section 15.02 All postings will be subject to Management review and authorization prior to posting. Nothing in this section is intended to prevent the employee's right to engage in protected concerted activity.

ARTICLE 16

GENERAL

Section 16.01 If any provision of the Agreement or any application of this Agreement to any employee or group of employees shall be determined to be contrary to law, then such provision or application shall be deemed invalid, but all other provisions or applications shall continue in full force and effect.

Section 16.02 Employees are required as a condition of employment or continued employment to possess certain security clearances, suitability, licenses and/or certifications.

Section 16.03 Employees entering service with the Company agree that the Company will perform personal background checks and verification of employee provided references. Submission of information determined to be false, relative to background data, qualifications, experience and or references, or revelation of detrimental information prejudicial to the Company's interest will subject the employee to and is defined as conduct warranting immediate discharge for cause.

Section 16.04 The Company and the Union shall keep each other advised, in writing, of the names of the authorized representatives.

Section 16.05 Each employee is at all times responsible for having a correct address and telephone number on file with the Company. All written notices shall be deemed to be properly filed if sent to the employee's last address on file.

Section 16.06 The Company agrees to provide the Union with a list of new hires and terminations. This list will include the employee's name, address and phone number.

Section 17.01

ARTICLE 17

DISCIPLINE

The Company shall have the right to discharge, discipline, or suspend employees for just cause. No employee who has completed the probationary period shall be suspended or discharged without just cause unless the employee is removed from working under the Contract by the Client at the order or request of the Client, or if the employee's credentials are denied or withdrawn by the Client. Upon written request by the affected employee, the Company will provide the Union written explanation of the Client's reasons for removal. Where the Client provides the Company with a written order or request for removal, the Company will provide the Union with a copy of such Client order or request.

Section 17.02 IMMEDIATE TERMINATION OFFENSES include, but need not be limited to, the following:

• Abuse/possess/sell prescribed and non-prescribed drugs/alcohol/inhalants;

• Selling detainee lists/information;

• Tardies (6 in a rolling 12 month period/absences 3 unexcused in a rolling 12 month period);

• Commit or threaten to commit physical violence;

• Violation of the ICE use of force;

• 1 no call/no show, with the exception of circumstances outside the employee's control provided proper documentation evidencing the reason for the no call/no show is provided to the Company;

• Falsify government documents;

• Sleeping on duty;

• Conducting internal Union business on duty;

• Clearance lifted/denied/revoked (with documentation, if available to the

Company, provided to the Union);

• Walking off the job;

• Improper refusal of post assignment;

• Lying on applications/resumes, or providing false information to the

Company or Client;

• Altering/falsifying time records;

• Failure to complete required scheduled training;

• Possession of unapproved firearms, deadly weapons, explosives;

• Failure to clock-in/clock-out or sign in/sign out to and/or from work 3 times in a rolling 12 month period;

• Failure to report an incident.

• Unauthorized use of and/or Union use of Government telephones, copy machines, computers, networks, or other equipment;

• Possessing or using non-Government owned radios, televisions, computers, cellular phones, music players, or any other electronic media and/or any other communication device while on duty;

• Violation of any workplace rules dictated by the Client and/or pursuant to the Project Work Statement;

• Insubordination;

• The Company shall apply progressive discipline for any conduct not listed above or which does not give rise to immediate termination. Progressive discipline may be applied in the manner noted below within seven (7) business days from the date the incident occurred, the date management becomes aware of the conduct giving rise to discipline, or within completion of an investigation.

17.03 Progressive Discipline

The Company shall apply progressive discipline for any conduct not listed above or which does not give rise to immediate termination. Progressive discipline for attendance matters shall be applied within seven (7) calendar days from the date the incident occurred. Progressive discipline for all other matters (not listed in Section 17.02 above) shall be applied seven (7) calendar days from the date management becomes aware or should have become aware of the conduct giving rise to the discipline,or within completion of an investigation.

A.

B.

c.

D.

E.

First Step:

Second Step:

Third Step:

Fourth Step:

Fifth Step:

Verbal counseling Verbal written warning Written warning Suspension Termination

The Company shall apply progressive discipline in a fair and consistent manner;

however, the Company shall have the right to review conduct warranting discipline on a case-by-case basis and shall have the discretion to skip any of the above steps.

Progressive discipline will not be considered by the Company after twelve (12) months from the date of the incident giving rise to the discipline.

ARTICLE 18

HOURS OF WORK/OVERTIME/TRAINING AND MILEAGE

Section 18.01 It is agreed employees will not be given time off in order to offset the payment of overtime. Overtime pay is to be paid at the rate of one and one-half (1 and 1/2) times the basic hourly straight time rate. Overtime shall be paid to employees for work performed in excess of forty (40) hours in a work week and two (2) times the employee's base rate for all hours worked in excess of twelve (12) hours in one (1) workday. Hours paid for but not worked, e.g., holidays, sick days, vacation, do not count as hours worked for overtime purposes. Only hours actually worked shall be recognized in determining overtime eligibility. The Company shall have the right to hold over employees until relieved and/or to require an available employee to provide coverage of a Post assignment.

Overtime will first be offered in order of seniority to employees scheduled on a 40/32 hour basis (as described in Article 9, Section 2). Thereafter, overtime will be made available to the employee with the most seniority working that particular shift.

In the event that no one desires to work the overtime hours and when necessary to achieve contractual staffing levels, employees will be compelled to work overtime starting with the lowest senior officer and moving up the seniority list. Overtime hours worked by an employee whether worked or refused will be charged to the employee by the Company on the overtime record for determining distribution.

Shift Differentials are not counted in the computation of time and one half for overtime payment purposes.

Section 18.02 Full time employees will be defined as employees who work thirty two (32) or more hours per work week.

Section 18.03 An employee called to work outside his regular work schedule shall be guaranteed a minimum of four (4) hours of work or pay in lieu thereof. In the event a building is closed because of order of the Government after an employee has reported for work, the employee shall receive a minimum of four ( 4) hours pay for such day.

Section 18.04 Overtime will be offered to employees in accordance with the seniority list for each shift where overtime (work performed in excess of 12 hours per day or 40 hours per work week) is required for reasons including but not limited to: an employee has failed to report for work, an employee has called in sick, or for other reasons or special circumstances not otherwise anticipated. In the event that no employee desires to work overtime hours an employee may be compelled to work overtime in order to meet necessary contractual staffing requirements. Such employees shall be selected by starting with the lowest senior officer and moving up the seniority list.

Section 18.05 No overtime will be worked except by prior direction of the proper supervisory personnel of the Company, except in case of emergency and when prior authority cannot be obtained.

Section 18.06 Nothing herein shall be construed to permit the duplication (a/kla "pyramiding") of overtime or overtime pay. Duplication of overtime or overtime pay occurs when the employee is compensated for overtime hours in excess of 12 in a workday and overtime hours in excess of 40 in a workweek.

Section 18.07 The Company shall post work schedules at least two (2) weeks in advance. Work schedules may change from time to time and each employee is responsible to check the schedule each work day to see if any changes to the schedule effects them. If a change to the schedule requires an employee to work prior to his or her next originally scheduled work day, the Company will attempt to notify the affected employee.

Section 18.08 If an employee is required to work more than sixty (60) miles (one way travel) from their regular work site, then the employee will be paid the employee's regular base hourly wage (Jess the regular travel time between the employee's home and the regular work site), mileage from the employee's home to the work site (less the regular mileage between the employee's home and regular work site), at the current Government rate per mile, reimbursement of the cost of meals up to $35.00 per day provided that receipts for such meals are submitted to the Company along with a reimbursement request form provided by the Company, and reimbursement of pre-approved hotel charges if not billed directly to the Company by the hotel.

ARTICLE 19

SCHEDULE BIDDING PROCESS

Section 19.01 When schedule bidding is necessary due to post hour changes or management initiative, or at least annually, the Union shall produce a seniority list for the Company's review and approval at least forty-five (45) days prior to the bid. The Union will sign off on the list making it a valid listing. The Company will attempt to start the bidding process (30) thirty days prior to the bid. The Company will compensate the Union representatives for any time spent during the bidding process. Shift bidding will occur upon ratification of this initial Agreement, with the new schedule taking effect on 30 days thereafter. Thereafter shift bidding shall take place annually.

Section 19.02 Each employee will receive a copy of the schedule and a bid "call-in" time. It is the officer's responsibility to call into the office at his or her designated date and time.

Each employee will be afforded 15 minutes to bid on his or her selected day and time. (For example John Doe 12-12-00 at 0800-0815). If an officer misses the call in time, it will not be the responsibility of the Company to make contact with that officer. The officer that misses his or her call time will be allowed to bid when they call in, however, all officers who have already bid will not be bumped due to that officer's tardiness in bidding.

Section 19.03 The Project Manager, Assistant Project Manager or Scheduling Officer will accept the bids during normal working hours, Monday through Friday. A Union representative will be present for the entire bid call-in process. If they are unavailable they will appoint another member of management to receive the bids.

Employees will be allowed to bid in person.

Section 19.04 Once an officer has placed a bid, it will be considered FINAL when the next senior officer bids. It then will become permanent and no changes will be considered or accepted, until the bidding is complete. When the bidding is final, an officer's bids cannot be changed except for what has been agreed upon in this Article.

Section 19.05 Once the bidding is complete and the schedule commenced, should two officers desire to swap slots, they may do so if approved by management. The President of the Union will be apprised of this situation. Such swaps must be on a permanent basis for the bidding period and will not trigger bumping rights for either employee or others.

Section 19.06 Removal from a bid schedule will not take place unless management has exhausted all of the disciplinary steps, or ICE deems it necessary (facility needs).

Management will notify the affected employee in writing stating why he/she was removed or reassigned. The Company shall make every attempt to honor the employee's schedule bids. When reassigning employees due to the above reasons, the current bids should not be disrupted unless another employee volunteers to swap the entire schedule bid. If no volunteer is identified, management may mandate an exchange, but shall observe "seniority rules" in so doing, provided the mandated officer is able to work the schedule.

Section 19.07 An officer may stay on a shift indefinitely, as seniority dictates.

Section 19.08 When a shift becomes available due to an officer leaving the Company, that bid schedule will be posted within ten (1 0) days for re-bid for one (1) week or five (5) working days. After that week the most senior qualified officer who re-bid for that slot will be awarded the slot. If an officer leaves and there is less than six (6) weeks remaining to the next quarterly bid, the bid schedule may be covered through the use of "plug ins" until the next bidding process begins. (Plug ins are defined as inserting an officer with hours available into the bid schedule.)

Section 19.09 Management shall fill by seniority a vacant bid schedule with plug ins or part time officers for temporary absences due to FMLA, military duty, or injury, until the next regularly scheduled bid.

Section 19.10 Shift schedules will be determined at the sole discretion of management; however, in consultation with the Union, management will endeavor to provide maximum hours to employees based on productive post hours and training requirements.

Full-time schedules will have at least 32 hours per week. The Company may formulate schedules for 40/40 or 40/32. However, once established, the schedule will be observed for the entire bid period unless ICE changes the number of slots, or unless the Union agrees to a modification during the cycle. If the officer is on a 32 hour work week, they will be allowed to designate at the time of bidding their optional day off which will remain the same for the entire bid period.

In the event the Company needs to fill a shift vacancy (a/kla "plug in"), it shall fill such vacancy based upon seniority among employees assigned to that particular shift. Only employees that have worked less than 40 hours in the week will be considered for the shift vacancy and only if the employee will not exceed 40 hours in that workweek.

Section 19.11 It is understood that employees shall have preference of assignments to shifts and days off by bidding for their slot. An employee may file with the Company a written request for a change of shift or days off or slot. However, the Company reserves the right to approve or deny a change request. The time and date of the filing shall be noted on the face of the request and they shall be maintained by the Company when the Company determines that an opening, exists, the Company will offer the opening with the most senior qualified employee.

See Appendix A.

ARTICLE 20

WAGES

A. Base rate = Line 1 of Appendix A

B. Regular rate = Base rate + Uniform allowance, Hygiene allowance and shift differential (if applicable).

C. Training Rate = Regular rate

D. Holiday Worked Rate = Regular Rate + 8 hours x 1 1/2 the base rate

E. Holiday Overtime Worked Rate= Holiday Worked Rate x 1 1/2

F. Holiday Not Worked Rate= Base Rate

G. Overtime= 1 1/2, times the base rate+ 1 x shift differential (if applicable)

H. Vacation Rate= Base rate

I. Sick Leave Rate = Base rate

J. Bereavement Leave = Base rate

K. Jury Duty Pay = Base rate - amount paid by Court

L. Employees shall…