ATTACHMENT_08_-_WD_2013-0094_Rev_2_(UGSOA_Local_860_CBA).pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ASSET PROTECTION and SECURITY SERVICES, LP. (ASSET)

AND THE

United Government Security Officers of America International Union and its

LOCAL # 860

TABLE OF CONTENTS

Agreement………………. …………………………………………………………….

Article 1 Recognition…………… ........................................ ………………

Article 2 Classifications………………………………………………………………

Article 3 Fair Employment Practices……….…………………………………………

Article 4 Union Membership and Dues Deductions ............ ………………

Article 5 Union Representation ........................................... …………………………

Article 6 Management Rights ............................................. ………………………

Article 7 No Strike or Lockout ............................................. ……………………….

Article 8 Seniority……………. ............................................ ………………………..

Article 9 Equipment………..………………………………………………………….

Article 10 Lay Off and Recall .............................................. ………………………

Article 11 Grievance Procedure ......................................... ………………………

Article 12 Arbitration Procedure ......................................... ……………………….

Article 13 Drug and Alcohol Policy ...................................... ……………………….

Article 14 Government Requirements ................................. ……………………….

Article 15 Examinations ...................................................... ……………………….

Article 16 Bulletin Boards ................................................... ……………………….

Article 17 General………………. ......................................... ………………………

Article 18 Discipline……..……………………………………….…

Article 19 Hours of Work/OT/Mileage/Training……. ........... ……………………….

Article 20 Schedule Bidding……………………………………………………..

Article 21 Wages……………….. .......................................... ……………………

Article 22 Health and Welfare …………………………………..……………….

Article 23 Retirement Allowance…..…………………………………………….

Article 24 Moral Fund…………………………………………………………….

Article 25 Vacations………………………………………………………………..

Article 26 Sick/Personal Leave……………………………………………………

Article 27 Holidays………………………………………………………………….

Article 28 Uniform Allowance ……………………………………………………...

Article 29 Bereavement…….. ……………………………………………………..

Article 30 Leave of Absences……………………………………………………...

Article 31 Attendance……………………………………………………………….

Article 32 Dues Check Off/Authorization………………………………………….

Article 33 Duration…………………………………………………………………

Appendix A………………………………………………………………………….

Signature Page…………………………………………………………. ………...

AGREEMENT

This Agreement entered into on January 1, 2012 by and between ASSET PROTECTION AND SECURITY SERVICES, L.P., and any of its successors, collectively referred to as the Company and the United Government Security Officers of America, International Union and its Local 860, hereinafter referred to as the Union.

In the event the U.S. Government herein 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 Service Processing Center, Los Fresno’s, Texas or successor contract, this Agreement will become null and void between the Union and ASSET Protection and Security Services L.P, and to the extent by controlling law, the economic portions of this Agreement will be binding onto the successor.

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, and or other conditions of employment for all bargaining unit employees employed at the Port Isabel Service Processing Center in Los Fresno’s, Texas, NLRB Certification # 16-RC-10993. The bargaining unit is defined as all part time and full time Transportation Officers, employed by the Company at the Port Isabel Service processing Center, Los Fresno’s, Texas, excluding all office clerical employees, professional employees, and supervisors as defined in the Act. A supervisor is an individual having authority in the interest of the employer, 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, 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 agency for all Transportation employees providing Transportation Services 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.

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. If requested by the union the employer will meet with the union to discuss any changes in policies or procedures, 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 that the Company and the Union shall be entitled to request up to two meetings per CBA year. Both parties agree to meet upon request but no later than 30 days of notification of such request of either party, and that a written agenda shall be submitted citing the specific articles for review during the meeting. When the meeting is scheduled all ICE procedures will remain in effect until such time the meeting has occurred and an agreement has been reached. Any agreements made during these meetings will be documented and signed by both parties and attached as a memorandum to the

CBA.

ARTICLE 2

CLASSIFICATIONS

Section 2.01 Employees are classified as full time or part time or Transportation 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 32/40, 36/36 or 40/40 hours per week. Employees who work an average of 32 hours or more per week will receive full time benefits. The number of full-time employee slots is determined by the Company based on various post coverage requirements incident to performance of the ICE contract.

Section 2.03 Part-time employees are those employees who are classified as such on the Seniority List and work less than 32 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.

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

Section 2.05 Employees covered by this agreement shall not be required to perform janitorial services (Including vehicle cleaning when detainee details are not available.) other than picking up after themselves.

In the event of a natural disaster or state of emergency, officers will be offered cleanup work, if available on a voluntary basis only by seniority.

Section 2.06 No Transportation Officer is considered part of management, under Article 8, Section 9, 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.

Section 2.08 Officers detailed as Transport Officers shall not be assigned to fixed facility posts accept as a response to facility emergencies, directed by ICE or the Officer volunteers with the exception of new hire training.

ARTICLE 3

FAIR EMPLOYMENT PRACTICES

Section 3.01 Neither the employer nor the union shall discriminate against any employee on the basis of race, color, creed, sex, age, religion, nationality, union activity, veteran’s status, or non-job-related handicap.

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

Section 3.03 Neither the Company nor the Union shall interfere with, intimidate, retaliate, restrain, coerce or discriminate against any employee because of the exercise of his/her rights granted pursuant to this agreement or federal law.

ARTICLE 4

UNION MEMBERSHIP AND CHECK OFF

Section 4.01 Subject to any State of Federal law, It is mutually agreed as a condition of employment, all employees covered by this agreement shall become members of the union after the thirtieth (30) day following the actual beginning of such employment, or the effective date of this agreement, whichever is the later; and that thereafter as a requisite of continued employment such employees including those presently members of the union, shall remain members in good standing in the union. Initiation fees and union dues shall be remitted to the financial officer of the local by the company.

Section 4.02 The union agrees to accept as a member upon application and without discrimination any new employee who may be hired by the employer for employment within the bargaining unit.

Section 4.03 The Check-Off Authorization Card to be executed and furnished to the company by the union and the 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 Union Financial Officer of UGSOA Local 860 not later than the fifteenth (15) of the month subsequent to the month in which such sums were deducted by the company.

B. The company shall furnish, with the by-monthly checks, a list of all employees for whom deductions have been made.

Section 4.04 The union accepts full responsibility for the authenticity for each check-off card submitted by it to the company, and any authorization 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.

Section 4.05 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 and/or Elected Union Official is employed to perform full-time work on the post to which each is assigned, upon proper relief and with management approval they may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement that do not interfere with company’s operations. If relieved from post the employee will be compensated for time spent while representing employees by the company. Management is defined as Captain or above.

Section 5.03

Upon proper authorization from management the Steward or Elected Official when leaving their post to perform the duties set forth, shall notify their supervisor that he/she is leaving post and the reason for such leaving. The Steward or Elected Official shall also notify the supervisor of the post, which they enter as his/her reason for entering. When finished with the duties as described in Section 4.01, they shall immediately notify their supervisor and return to work.

Section 5.04 Upon request, the Company agrees to furnish statements, written material, or allegations upon the discipline and/or investigation of an employee to the Union for review.

Section 5.05 Either the Company or the Union may request a meeting to discuss any matters, exclusive or 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 Local Union will furnish an updated list of all Union Officials as changes occur.

Section 5.07 The Employer will allow up to three (3) representatives 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 with reasonable notice. Up to five (5) employees will be allowed to attend the Union's International convention and labor negotiations. Employees will not be compensated by the employer for this time.

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 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 the future with the Union.

Section 6.03 The union agrees that all employees must read the Employer Handbook during training and acknowledge their awareness of its content within 3 days of their hire date or within 3 days of any updated or revised version.

Section 6.04 Transportation 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 the collective bargaining agreement, the terms of the collective bargaining agreement shall prevail.

Section 6.05 The employer agrees to provide the union with a copy of any new policies in writing when new changes arise. Any new changes to operations and/or Company policies will be posted for employees to read throughout the workday.

Section 6.06 The employer agrees to bargain all new policy changes, if they conflict with the CBA with the union and provide a copy to the Union President and/or Vice President for review to make sure that such policy does not interfere with collective bargaining agreement.

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 or any other work interruption of 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 7.03 The Union agrees as part of the consideration of this Agreement that it will take immediate steps to end any work stoppages, strikes, intentional slowdown, or suspension of work, and shall notify its members of such violation of this Agreement and shall instruct its membership to return to work immediately. The Union agrees that it will not assist employees participating in such work stoppages, strikes, intentional slowdowns

Section 7.04 The company recognizes the Union’s right to hold non-work interrupting demonstrations and to contact the public media outside the limits of client/company property; however, the union agrees to notify the company of any pending plans to demonstrate or to meet with public media and to meet with the company to afford an opportunity to resolve differences prior to any demonstration/meeting with the public media taking place.

Article 8

SENIORITY

Section 8.01 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 this site. Seniority on previous contracts shall be used in determining the applicable wages, fringe benefits, and leave schedules.

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 will be considered a Probationary Employee during which they may be discharged without regard to cause and without recourse to the grievance procedures of this Agreement, provided, however, 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 or 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 EOD Clearance date.

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

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 and they had less than one year (1) of seniority with the Company at the time they were placed on layoff.

d.) An Employee is laid off for a period of two (2) years.

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

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

h.) 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;

i.) Employee is absent from work due to a non-occupational injury for 12 months;

j.) Employee is absent from work due to an occupational injury for 18 months.

Section 8.08 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, probationary employees shall be laid off before employees with seniority.

Section 8.09 Seniority shall be applied as specified by the terms and conditions of this Agreement.

Section 8.10 Seniority shall accumulate only during the period of any approved FMLA leave of absence, subject to the provisions of this Agreement and any other federal laws. Seniority shall not apply to any other leaves of absence listed herein, although seniority shall accumulate and apply for purposes of shifts and shift bidding but not for the accumulation of benefits.

Section 8.11

The employer agrees to return employees to work who were off on workman’s compensation provided all the following exist. Release from the workman’s comp doctor, passes a fitness for duty medical exam and the employee meets all contractual requirements by ICE.

Section 8.12

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 fill the opening with the most senior qualified employee that has requested the slot.

Section 8.13 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

EQUIPMENT

Section 9.01 The Company shall furnish all employees with an initial adequate number of uniforms without cost to the employee. In addition, the Company shall reimburse all employees for such cleaning and maintenance at a rate of thirty (.30) cents per hour, not to exceed 40 hours per week regardless of full or part time status.

Section 9.02 The Company will provide at no cost to the employee, replacement uniforms and equipment as needed when they are worn out or cannot be repaired. In the event it has been determined that an employee’s uniforms need to be replaced due to negligence, it is understood by the parties that the employee will assume the financial responsibility of replacing the uniforms. Uniforms will be issued within ten (10) days absent extenuating circumstances, from the date requested.

Section 9.03 Uniforms will be kept cleaned, pressed, and serviceable to include proper fit and tailoring.

Section 9.04 The Company reserves the right to inspect uniforms and/or equipment. The company will inspect the ballistic vest on an annual basis to ensure they are serviceable.

Section 9.05 The Company and Union agree to meet and come up with a list of approved items for wear. The company will only pay for the company issued equipment but will authorize wear of any other items on the approved list. If the employee chooses to purchase their own equipment from the approved list the company will not be responsible for reimbursement for damage to equipment caused by work.

ARTICLE 10

LAY OFF AND RECALL

Section 10.01 In the event of a lay-off, probationary employees shall be laid off first without regard to their individual periods of employment. Probationary employees shall not accrue seniority while on lay-off and shall have no recall rights.

Section 10.02 Non-probationary employees shall be the next to be laid off on the basis of job classification seniority.

Section 10.03 When a vacancy arises, the employer shall recall employees in accordance with seniority.

Section 10.04 An employee shall continue to retain recalls rights for a two (2) year period or length of employment, whichever is less, commencing from the date of the lay-off.

Article 11

GRIEVANCE PROCEDURE

Section 11.01 For the purpose of this Agreement, the word “grievance” means any dispute between the employer and the Union, or between the employer 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 11.02 In order to be processed, all grievances must be presented at the first step within ten (10) calendar days after the date of the occurrence giving rise to the grievance or within ten (10) Business days after the employee knew or should have known. 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 Chief of Security Services or his/her designee within ten (10) Business days after the date of the occurrence giving rise to the grievance.

Section 11.03

Step 1 The employee shall meet with his/her Captain or designee to discuss the grievance. If the grievance is not resolved within five (5) Business days of the meeting the grievance may be processed to Step 2. Step one grievances must be filed with a supervisor above the rank of Lt.

as Lt.’s are not authorized to adjust grievances.

Step 2 If the grievance is not resolved in Step 1, the grievance shall not later than ten (10) Business days after the occurrence given rise to the grievance, be reduced to writing setting forth the facts, and specifying the Article and section/paragraph allegedly violated. The Steward shall then submit the grievance to his/her Chief of Security or his/her designee. A meeting shall be arranged within five (5) Business days of the Chief of Security receipt of the written grievance.

The meeting shall be attended by the grievant, the Union Steward and the Chief of Security or his/her designee. The Chief of Security shall give a written response to the grievance within five

(5) Business days after the Step 2 meeting.

Step 3 If the grievance is not resolved in step 2, the grievance shall, not later than five (5) business days after the denial of the grievance by the Chief of Security or his/her designee, shall be submitted by the Union Local President or his/her designee to the VP of Operations or his/her designee. A meeting shall be arraigned within seven (7) Business days of the VP of Operations or his/her designee receipt of the grievance. The meeting shall be attended by the grievant, Steward, Local Union President or his/her designee and the Project manager or his/her designee, and other employer representatives as may be needed. The project manager or his/her designee shall give the Union Local President or his/her designee a written response within ten (10) business days following the date of the meeting.

Section 11.04 If the grievance is not resolved in Step 3, it will be reviewed by the UGSOA International Union President or his/her designee and the Employer Vice President, Labor relations or his/her designee within fifteen (15) business days of the denial of the Employers VP of Operations or his/her designee. A meeting or telephonic review between the above referenced parties may be held by mutual agreement.

Section 11.05 Any grievance shall be considered null and void if not filed and processed by the Union in strict accordance with time limitations 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 by mutual agreement between the employer and the Union, in writing.

Section 11.06 Stewards and/or elected officials will be permitted to participate in the grievance procedure as specified above during the employees scheduled workday, if requested by the employee.

Article 12

ARBITRATION PROCEDURE

Section 12.01 Grievances which have been processed in accordance with the requirements of Article 10 Grievance Procedure, and which remain unsettled may be processed to arbitration in accordance with the following procedures and limitations.

Section 12.02 The Union, within twenty (20) calendar days after the rejection of the Grievance by the employer’s Vice President, labor relations or his/her designee, will in writing, notify the employers Vice President, labor relations or his/her designee of its intent to invoke arbitration; and the employer 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 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 Employer. 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 12.03 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 12.04 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 hears to shall bear expense of preparing and presenting its own case. The cost and all expenses of the arbitrator shall be borne equally by the parties.

Section 12.05

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 12.06 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 employer and the Union, in writing.

Article 13

DRUG AND ALCOHOL POLICY

Section 13.01 The Employer will, from time to time, a.) Randomly test any bargaining unit employee, b.) Test any bargaining unit employee based upon the Government’s or the Employer’s reasonable suspicion, c.) Test any employee involved in any discharge of his or her weapon (except the gun range), 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 and/or Department of Transportation, 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 Employer under a program and procedures of uniform applicability to all the bargaining unit employees.

Section 13.02 The Union and the Employer agree that there shall be a zero tolerance policy for illegal drug use. If the initial results of a drug test are positive for illegal drugs, the Employer will place the employee on administrative leave pending investigation and/or appeal from DOT mandates. If an employee is returned to work after an appeal they will not be compensated but will be allowed to make up the missed hours.

Section 13.03 The Union and the Company agree to abide by the Company’s substance abuse policy.

Section 13.04 If a bargaining unit employee is required to take a random drug test the employee will be paid three

(3) hours of pay 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.

Article 14

GOVERNMENT REQUIREMENTS

Section 14.01

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 wishes 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 14.02 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 14.03 The Employer agrees to provide the Union with a copy of such Government Directive upon request and if available after requested by the company.

Section 14.04 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 employer is required to allow a Union representative to attend any such meetings or interviews. The employer 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 up to and including termination.

Section 14.05 Employees who witness violations of company and/or client rules and regulations who fail to report such violations may be subject to disciplinary action.

Article 15__

EXAMINATIONS

Section 15.01 Applicants, trainees and candidates for employment and employees will be required to successfully pass a medical/psychological examination and drug screen, physical test, DOT physical, CPR testing and weapon test, specified by the Contract or Company policy or should the Employer or Government have concerns regarding an employee’s fitness for duty. At any time an employee may be subject to further 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 16

BULLETIN BOARD

Section 16.01 A bulletin board found to be acceptable and in compliance with the needs of limited use by the Union shall be provided by the Company. This bulletin board shall be used, maintained, and controlled by the Union.

Section 16.02 It is understood and agreed that no material shall be posted which is obscene, defamatory, or which would impair Company operations, and coincide with ICE Polices and Regulations.

Article 17

GENERAL

Section 17.01 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 not be deemed valid, but all other provisions or applications shall continue in full force and effect.

Section 17.02 Employees are required as a condition of employment or continued employment to possess certain security clearances, suitability, licenses and/or certifications, (including weapons’ certifications).

The Company will pay up to 8 hours of refresher training required hours necessary for the employee to complete weapons recertification.

Section 17.03 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 detrimental information prejudicial to the Company’s interest, will subject the employee to and is defined as conduct warranting immediate discharge for cause.

Section 17.04 The employer and the union shall keep each other advised, in writing, of the names of the authorized representatives.

Section 17.05 Each employee is at all times responsible for having a correct address and telephone number on file with the employer. All written notices shall be deemed to be properly filed if sent to the employee’s last address on file.

Section 17.06 The employer agrees to provide the local union with a list of new hires and terminations. This list will include the employee’s name, address and phone number.

Section 17.07 An employee who serves on jury duty shall be paid the difference between his/her straight-time hourly rate for regular scheduled workdays lost and the amount received as juror’s fees up to a maximum of twenty (20) days. Hours worked under this provision will not be considered time worked for the purpose of computing overtime.

Section 17.08 Pronouns of either gender in this Agreement are equally applicable to the masculine and feminine gender.

Section 17.09 The Employer agrees to provide a minimum of 50 practice rounds to each employee prior to weapons qualifications. If the employee received a passing score with the practice rounds they can choose to accept that score or continue on with their other attempts. If the employee chooses to not accept their qualifying score and subsequently fails on their next attempt, they will not be able to use their previous passing score. The employee will then be required to pass the as outlines in the company’s firearms policy under “failure to qualify”

Article 18 Discipline

Section 18.01 After completion of the probationary period, as specified in Section 8.02, no Employee shall be disciplined, dismissed, or suspended without just cause. Just cause shall include any suspension or revocation of clearance by ICE. The “final decision” on the Employee’s clearance removal shall be determined by the Government, and the Company shall be held harmless by the Union and the Employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties. In the event the contracting agency directs that a specific employee be removed from the contract or otherwise disciplined the Company will present the documentation to the Union within two business days.

Furthermore, to maintain harmony in the workplace, violations of workplace rules, policies and standards will be addressed with the employee(s) involved within 5 days from the occurrence of the offense or 5 days from completion of the investigation.

The Company’s contract with the U.S. Government sets out performance standards and contract requirements for Transportation Officers and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. Employees agree to comply with any non-disciplinary directive issued by the U.S. Government. In the case where as an employee’s clearance is suspended by ICE, the company may place the employee on Unpaid Administrative Leave. In the event the employee’s clearance is later reinstated, the Company will not be responsible for any back pay monies, to include H&W.

Rules and regulations are the backbone of the Company’s successful operation. Supervisors and managers are responsible for implementing these rules and regulations. It is the duty of each employee to follow the Company’s published rules and the directives of his/her immediate supervisor. All employees are expected to behave in an orderly, courteous manner and to fulfill the obligations set out in their job descriptions. If employees knowingly and willingly violate Company rules of conduct, their immediate supervisor will discipline the employees in accordance with these general guidelines.

Minor Violations: Such violations will be considered as employee actions that impair or disrupt operations. A supervisor will usually deliver a verbal reprimand for such minor violations, unless an employee repeatedly violates the same rule or regulation. Examples of minor violations include occasional uniform discrepancies, occasional tardiness, minor log entry errors, and other employee errors that are noted and corrected without undue interruption to services.

Moderate Violations: Such violations are considered to be those employee actions that impair or disrupt the orderly performance of work by the individual or a group of employees. These violations include, but are not limited to, repeated occurrences of minor violations. “Repeated” is defined as more than one minor violation per month. In such cases, the employee’s immediate supervisor will issue a written reprimand.

Major Violations: Such violations are considered to be employee actions that directly endanger the health and safety of any employee or significantly disrupt the orderly performance of work.

They include, but are not limited to, violation of any rule or prohibition incorporated in a “Code of Conduct” for a specific contract site; insubordination, falsification of Employee, Client or Company records, theft of Company, Client or employee property, violation of safety rules, violation of client rules, and the use of alcohol or illegal drugs on Company/Client premises at any time. They may also include the issuance of more than one written reprimand within one month. (See “Immediate termination offenses below.)

Disciplinary actions will be handled on a fair and consistent basis. They will be non-discriminatory in their application and be reasonable in their appropriateness to the problem situation. Discharge will be used only as a final measure when reasonable remedial efforts have failed, except in those situations that justify immediate termination.

Each employee has the right to express his/her views concerning Company policies and practices to management. Each employee is responsible, however, for expressing those views in a fair, honest, and professional manner. Every employee should be committed to making positive and constructive criticism of disciplinary rules and regulations.

The Company reserves the right to bypass the disciplinary steps and base its disciplinary action on the severity, frequency, or combination of infractions when circumstances warrant immediate action.

For serious offenses, such as fighting, theft, insubordination, violence, drug or alcohol abuse, etc., termination may be the first and only disciplinary step taken. Any step or steps of the progressive disciplinary process may be skipped at the discretion of the company. The use of profane or abusive language, fighting, deliberately causing injury to another, and other forms of disorderly conduct or malicious disturbance (including malicious gossip), and the intimidation of others, is not acceptable. Degrees of discipline are generally progressive so employees have the opportunity to correct employment problems. However, there is no set standard of how many oral warnings must be given prior to a written warning or how many written warnings must precede probation or suspension and ultimately termination. The following factors will be taken into account when applying progressive discipline: the seriousness of the offense, prior disciplinary actions, and previous work history. The Company will document a disciplinary process beginning with the first verbal warning. (Verbal warnings are recorded on “File Notes”.) A report of the disciplinary action will be retained in the employee’s personnel file. In cases where an employee is repeatedly issued written reprimands for abuses of rules and improper behavior, he/she will be counseled by the immediate supervisor or a higher level of authority within Management. If the improper behavior continues, the employee may be terminated. The sequence of progressive disciplinary action should (but may not always) occur in the following steps.

Informal counseling. Upon knowledge of a performance or conduct problem, the supervisor will counsel the employee involved on an informal basis. The purpose of informal counseling is to make the employee aware that his/her performance and/or conduct is not meeting specified requirements. The seriousness of the problem and the possible consequences of inaction on the part of the employee in correcting the problem will be outlined, as well as a review of specific policies which apply to the situation. The informal counseling will be documented on a File Note.

Written warning and counseling. In case of a repeated or serious problem, either performance or conduct, the supervisor will counsel the employee involved on a formal basis. The purpose of the written warning and counseling is to discuss the nature of the problem and the specific steps to be taken by the employee in correcting it. The written warning will include the date, a description of the problem, and a specific corrective action to be taken by the employee over a designated period of time. The employee will review the written warning documenting the session and add any comments desired. For subsequent offenses the subject line of a written warning may read “Warning your job is in jeopardy”.

Suspension. In cases of a major job performance problem and/or continued lack of improvement in performance or conduct, the supervisor will place the employee on suspension.

Suspensions may range from one to thirty working days.

Discharge. Flagrant disregard for policies and practices, such as gross insubordination or physical violence, may warrant immediate discharge. Major offenses, such as dishonesty, breach of trust, unlawful distribution of drugs while conducting Company business, and possessing or transporting unauthorized firearms in Company vehicles, are so serious in nature that an employee may be discharged for the first violation. Discharge from employment will also occur when the probation period progress reviews indicate that the employee’s performance or conduct has not improved during probation or at the end of probation.

Immediate termination offenses (which are considered MISCONDUCT) include:

Abuse, possess, sell prescribed and non-prescribed drugs, alcohol, inhalants Selling client lists/information Excessive tardiness/unplanned absences (more than 3 instances per month in any two consecutive months that are not documented by a Doctor’s note.)

Commit or threaten to commit physical violence Excessive use of force; as determined by an investigation

A second “no call/no show” in a rolling 12 month period Falsifying Company/Client documents Sleeping/dozing on duty Conducting union business on duty…