Attachment_17_-2016_CBA_BTWN_APSS_ _SPFPA_SPC_FLO.pdf

AGREEMENT

Between

ASSET PROTECTION & SECURITY SERVICES, LP,

And its Subcontractor

AHTNA TECHNICAL SERVICES, INC.

And

INTERNATIONAL UNION, SECURITY, POLICE, FIRE, PROFESSIONALS

OF AMERICA (SPFPA)

EFFECTIVE: July 1, 2016 through June 30, 2018

TABLE OF CONTENTS

ARTICLE TITLE PAGE

PREAMBLE 5

ARTICLE 1 GENERAL PROVISIONS 5

SECTION 1.1 PURPOSE OF AGREEMENT 5

SECTION 1.2 BARGAINING UNIT 5

SECTION 1.3 NEGOTIATING COMMITTEE 6

SECTION 1.4 STEWARD SYSTEM 6

SECTION 1.5 MANAGERS AND SALARIED PERSONNEL 6

SECTION 1.6 CLASSIFICATIONS 6

SECTION 1.7 INTENT OF PARTIES 7

SECTION 1.8 ANTI-DISCRIMINATION 8

ARTICLE 2 SENIORITY 8

SECTION 2.1 SENIORITY DEFINED 8

SECTION 2.2 SENIORITY LISTS 9

SECTION 2.3 PERSONAL DATA 9

SECTION 2.4 PROBATIONARY EMPLOYEES 9

SECTION 2.5 TERMINATION OF SENIORITY 10

ARTICLE 3 JOB OPPORTUNITIES 10

SECTION 3.1 FULL-TIME POSITIONS 10

SECTION 3.2 CRITICAL POSTS 10

SECTION 3.3 FILLING NEW POSITIONS 10

SECTION 3.4 FILLING VACANIES 11

SECTION 3.5 LAYOFF AND RECALL 11

SECTION 3.6 EXCHANGE OF DAYS OFF – SHIFT ASSIGNMENT 11

ARTICLE 4 MANAGEMENT RETAINED RIGHTS 12

SECTION 4.1 BASIC MANAGEMENT RIGHTS 12

SECTION 4.2 RIGHTS PRESERVATION 12

ARTICLE 5 GRIEVANCE PROCEDURE 12

SECTION 5.1 INTENT 12

SECTION 5.2 GENERAL PROVISIONS 13

SECTION 5.3 GRIEVANCE PROCEDURES 13

SECTION 5.4 VOLUNTARY MEDIATION 14

SECTION 5.5 ARBITRATION PROCEDURE 14

SECTION 5.6 INDIVIDUAL GRIEVANCES 15

SECTION 5.7 CLASS ACTION 15

ARTICLE 6 DISCIPLINE 15

SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL 15

SECTION 6.2 REMOVAL OF VERBAL/WRITTEN RECORDS 17

SECTION 6.3 DISCIPLINARY PROCEDURES 18

ARTICLE 7 HOURS OF WORK AND OVERTIME 18

SECTION 7.1 WORK WEEK 18

SECTION 7.2 WORKDAY “COMPENSABLE TIME” 18

SECTION 7.3 OVERTIME 19

SECTION 7.4 OVERTIME REQUIREMENT 19

SECTION 7.5 OVERTIME DISTRIBUTION 20

SECTION 7.6 OVERTIME REQUIREMENTS FOR TRANSPORTATION 20

SECTION 7.7 BREAKS AND BONA FIDE MEAL PERIOD FOR DETENTION 21

ARTICLE 8 WORK SHIFTS AND PAYMENT POLICIES 22

SECTION 8.1 SHIFT BIDDING, HOURS OF WORK, & SENIORITY 22

SECTION 8.2 WAGE SCHEDULE 24

SECTION 8.3 PAYDAY & PAY PERIODS 24

SECTION 8.4 UNDISPUTED ERROR 24

SECTION 8.5 SHIFT DIFFERENTIAL 25

SECTION 8.6 ACCOUNTING PRACTIVES & PAYROLL STATEMENTS 25

SECTION 8.7 WORK SCHEDULES AND POST ASSIGNMENTS 25

ARTICLE 9 HOLIDAYS 26

SECTION 9.1 HOLIDAY FRINGE BENEFITS 26

SECTION 9.2 HOLIDAY FRINGE BENEFIT PROVISIONS 26

ARTICLE 10 VACATIONS 27

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES 27

SECTION 10.2 ELIGIBLE PART-TIME EMPLOYEES 28

SECTION 10.3 SCHEDULING VACATIONS 28

SECTION 10.4 UNUSED VACATION/PAY IN LIEU OF VACATION LEAVE 29

SECTION 10.5 TERMINATING EMPLOYEES 29

SECTION 10.6 VACATION – LAID OFF EMPLOYEES/MILITARY

LEAVE/UNPAID

SECTION 10.7 VACATION INCREMENTS 30

SECTION 10.8 LEAVE TIME DONATION 30

ARTICLE 11 LEAVES OF ABSENCE 30

SECTION 11.1 MEDICAL LEAVE 30

SECTION 11.2 MILITARY LEAVE 31

SECTION 11.3 UNION LEAVE 31

SECTION 11.4 PERSONAL/SICK LEAVE 31

SECTION 11.5 JURY DUTY 32

SECTION 11.6 BEREAVEMENT LEAVE 32

SECTION 11.7 ABSENTEEISM FROM DUTY 33

SECTION 11.8 VOLUNTARY LEAVE 33

ARTICLE 12 HEALTH, WELFARE, FRINGE BENEFIT AND UNIFORM,

LICENSE MAINTENANCE ALLOWANCES

SECTION 12.1 INSURANCE PLAN AND BENEFIT RATE 34

SECTION 12.2 ALTERNATE INSURANCE PLAN OPTION 36

SECTION 12.3 UNIFORM, HEADGEAR, UNIFORM ALLOWANCE, LICENSE

ALLOWANCE

ARTICLE 13 MISCELLANEOUS PROVISIONS 36

SECTION 13.1 BULLETIN BOARDS 36

SECTION 13.2 PHYSICAL EXAMINATION 37

SECTION 13.3 DRUG AND ALCOHOL PROGRAM 37

SECTION 13.4 UNION MEETINGS 37

SECTION 13.5 UNION REPRESENTATION 37

SECTION 13.6 MANAGEMENT & LABOR REALTIONS 38

SECTION 13.7 ACCESS TO PERSONNEL FILES 38

SECTION 13.8 CONFIDENTIALITY OF MEDICAL RECORDS 38

SECTION 13.9 GUARD CARDS & PERMITS 38

SECTION 13.10 HYGIENE ALLOWANCE 39

SECTION 13.11 TRAINING 39

SECTION 13.12 WAGE PAY & CALCULATIONS 39

SECTION 13.13 EMPLOYEE PARKING 41

SECTION 13.14 EMPLOYEE WORKSITE TRANSPORTATION 41

SECTION 13.15 EMPLOYEE MUSTER 41

ARTICLE 14 401(K) PLAN 41

ARTICLE 15 SAFETY POLICY 42

ARTICLE 16 CONTINUITY OF OPERATIONS 42

SECTION 16.1 NO STRIKES 42

SECTION 16.2 LOCKOUTS 42

ARTICLE 17 ENTIRE AGREEMENT 42

ARTICLE 18 SAVINGS CLAUSE 43

ARTICLE 19 UNION SECURITY 43

ARTICLE 20 DUES CHECK OFF 44

ARTICLE 21 DURATION 44

SIGNATURES 45

APPENDIX A WAGE INFORMATION 46

APPENDIX B UNION INSURANCE PLAN 47

UNION 401K PLAN 49

PREAMBLE

THIS AGREEMENT is made and entered into on May 1, 2016 by and between Asset Protection & Security Services, LP and its Subcontractor Ahtna Technical Services, Inc. (hereinafter referred to as the “Company” and/or “Employer”) and The International Union, Security, Police and Fire Professionals of America (SPFPA), on behalf of its Local #830 (hereinafter referred to as the “Union”) (Ref. Contract HSCEDM-09-D-00003, Solicitation HSCEDM-09-R-0001). Should there be any conflict between the Company (Asset Protection and Security Services LP and Ahtna Technical Services, Inc.) Employee Handbooks and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the DHS contract, the Security Guard Information Manual (SGIM) issued by DHS, current Post Orders and/or any other directives issued by DHS or any other agency of the United States Government and the Collective Bargaining Agreement, the DHS contract, SGIM, Post Orders and/or other government agencies’ directives will control.

ARTICLE 1

GENERAL PROVISIONS

SECTION 1.1 PURPOSE OF AGREEMENT

It is the intent of the parties that this Agreement shall serve to establish and maintain harmonious labor relations among the Company, the employees and the union, and establish the rates of pay, wages, hours and other terms and conditions of employment.

The Company recognizes the Union as the exclusive representative of the separate bargaining units, as defined in National Labor Relations Board Case # 28-RC-6697.

The Union and the Company agree that providing first-rate, highly professional security for all Government facilities within the scope of the DHS Contract is, and must always be, of paramount importance for the parties and all employees covered by the terms of this Agreement

SECTION 1.2 BARGAINING UNIT

This agreement is entered into between the Company and the Union. The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

The Bargaining Unit is defined as all full and part time Detention, Armed Detention and Armed Transportation Officers employed by the Company at the ICE Florence Detention Center, Arizona, excluding other employees including clerical and professional employees as defined in the National Labor Relations Act.

This agreement shall be binding upon both parties, their successors and assignees. In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.3 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee composed of up to four (4) members and one (1) alternative Bargaining Unit Members selected by the Union (SPFPA) to represent the Employees in collective bargaining negotiations. In addition to the Bargaining Unit members, the International Union may assign a Representative to assist in negotiating a Collective Bargaining Agreement in accordance with the International Constitution and Bylaws.

SECTION 1.4 STEWARD SYSTEM

A. The Company agrees to recognize a steward system.

B. The Union agrees that the Union Representatives will work at their regular jobs at all times except when they are relieved to attend to the business of the Grievance Procedure as outlined in this Agreement. Union Representatives will be paid their regular rate of pay in the conduct of Company-Union business during scheduled working hours.

C. If the Employee requests, the Company will call for a Union Representative prior to any disciplinary action taken, whether it be written or verbal. The supervisor will release the Union Representative as soon as possible. The Union Representative will be paid for time spent in this regard, upon receiving Supervisor approval of relief from duty.

In the event an employee waivers their right to representation, the Company will advise the Union within 3 business days concerning the nature of disciplinary action taken against the employee and any resolution reached between the Company and employee.

D. It is agreed that Union Officials or their designee may, from time to time, be allowed to deliver documents or disseminate to bargaining unit members at the work site, under the stipulation that it does not interfere with the orderly operations of the facility or interfere with duties scheduled by Company Management.

E. The Employer agrees to allow one (1) Union Representative to attend weapons qualifications as an observer only and at no cost to the Employer.

SECTION 1.5 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried Employees shall not perform duties of the Employees in the bargaining unit, except in an emergency.

Bargaining unit members may not be used in a supervisory or lead person role for the purpose of directing others within the work force to perform job related tasks. Bargaining Unit members will not be utilized as a go between by supervisors to issue instructions or job assignments to any employee covered under this agreement. On duty supervisors shall not delegate their responsibilities via any medium to member of this Bargaining Unit for the purpose of directing the work force.

SECTION 1.6 CLASSIFICATIONS

A. Full-time Employees are those Employees who are regularly scheduled to work 35 hours or more per work week or 70 hours in a pay period.

B. Part-time Employees are those Employees who are scheduled to regularly work less than 35 hours per week. Part Time Employees must be available to work a minimum of one shift per two week pay period. If a Part Time Employee refuses to work three consecutive available shifts, the employee will be considered to have voluntarily resigned.

C. Employees covered by this agreement shall not be required to perform janitorial service other than to clean up or pick up after themselves; except that Transport Officers may be assigned to regularly clean and sanitize the interior of transport vehicles and wash vehicles when necessary or to perform pre and post trip maintenance checks as mandated; to this end the company will arrange for the issue of coveralls and equipment necessary to meet vehicle cleanliness requirements at no cost to employees. Transportation Officers can assist with minor repairs, but not as a routine daily permanent assignment. Additionally, Employees covered by this agreement shall not be required to deliver office supplies, furniture, equipment, or distribution that does not pertain to Detention/Security related duties.

D. Armed Officers may be assigned to hospital and other “escort” duties as operations require.

UNARMED DETENTION OFFICER:

All officers employed under this agreement that meet all the requirements as an Unarmed Detention Officer regardless of whether they hold an awarded bid or are floaters as defined under Section 3.1.

ARMED DETENTION OFFICER:

All officers employed under this agreement that meet all the requirements as an Armed Detention Officer and hold an Armed Bid.

ARMED TRANSPORTATION OFFICER

All officers employed under this agreement that meet all the requirements as an Armed Transportation Officer, and are currently assigned to the Transportation Unit, whether holding an awarded bid or awaiting the bid process. Officers may enter the Unit as a Floater until such time as a bid position is awarded.

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Union and the Company agree to use their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company. Neither the Company, nor the Union, nor their representatives, nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union.

It is expressly understood and agreed that the services to be performed by the Employees covered by this Agreement pertain to and are essential to the operation of the Florence Service Processing Center.

Both the Company and the Union recognize their paramount goal is to maintain safety and security and provide continuity of facility operations at the Florence Service Processing Center.

SECTION 1.8 ANTI-DISCRIMINATION

Neither the Company nor the Union will discriminate against any Employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, disability, or other protected reason.

Employees will not be treated differently or receive unequal treatment as a result of their employment status with the Prime or Sub-Contractor. The Employer will treat Employees with dignity and respect at all times. The Company shall not engage in threats, harassment or intimidation of employees.

Employees will also treat each other as well as the Employer with dignity and respect. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

It is understood that ICE controls and may designate positions within the workplace or designate as “male-only” or “female-only,” and that such designation is not considered an equal opportunity issue, no claim of discrimination or violation of statute shall arise from this practice, as it is beyond the control of either the Company or the Union.

ARTICLE 2

SENIORITY

SECTION 2.1 SENIORITY DEFINED

A. Union seniority shall be the length of continuous service from the Employee’s first date of hire with Employer at the Florence SPC or any Employer, past or present, at the Florence SPC.

Seniority shall not accrue until the Employee has successfully completed the probationary period.

For the purposes of shift bidding, transfers and days off, union seniority shall be defined as seniority within the work site. For purposes of vacation schedules and extra-work, union seniority shall be defined as seniority within the classification on the assigned shift.

B. Any Employee permanently transferred out of the designated Local Bargaining Unit, who leaves the facility and works elsewhere either for the Company or with some other employer such as the U.S. Government shall lose their Union seniority as it applies to the order of layoff and recall, shift bidding, vacation schedules, extra work, and other matters as provided for in this agreement.

Employees that accept positions outside of the local bargaining unit such as Lieutenant, Captain, Assistant Project Manager or Project Manager may choose to return to the Bargaining Unit within 120 calendar days. Those returning will have their seniority adjusted as follows:

Those returning within 120 calendar days will have their seniority date adjusted in accordance with the number of days spent outside of the Bargaining Unit.

Those allowed by the Company to step down after the 120 calendar days will have a seniority date of the date they re-entered the Bargaining Unit.

C. Part-time Employees will have seniority only among other part-time Employees. Any part-time Employee who becomes full-time will be placed on the seniority list for full-time Employees in accordance with the date they become a full-time Employee or once they have completed the equivalent of the 90 day probationary period.

D. Company Seniority for Employees who make approved transfers between Detention and Transportation will remain date of hire into the Bargaining Unit. Employees who transfer between the Prime and Subcontractor in the same job classification shall retain all seniority previously earned.

E. If a full time employee volunteers to make a change to a part-time position and within six (6) months returns to a full-time position, their original hire date will be moved forward by the number of days in part-time status. Any return to a full time position after six (6) months and before eighteen (18) months their hire date will be the date an employee transferred to part-time.

Any return to a full time position after eighteen (18) months, the employee’s transfer date back to full-time will establish their new seniority date. No part time employee shall accrue full time seniority while on a part time basis.

F. Seniority for new employees shall be their date of hire. Should more than one employee have the same hire date, their ranking shall be determined by the alphabetical order of the first letter of their last name. Should there be more than one with the same last name the subsequent letters shall be utilized until a clear ranking for seniority has occurred. If necessary letters in first and middle names will be utilized to establish a clear ranking for seniority.

SECTION 2.2 SENIORITY LISTS

The Company will provide two (2) lists to the Local semi-annually each year. The first list will include last name and first initial, job classification, and seniority date of the employees. This list will be made available to the Local President or designee who requests it from management. The Company will also provide a list to the Union President upon his or her request that includes rate of pay and contact information. These lists will be created and delivered no more than 4 times per year. The Union will verify seniority and provide a copy of the confirmed seniority list to the Company within 14 days of receipt. This list will not be disseminated in any way to any other agency/person other than the Local or International Union. The Company will update the union President monthly of any staff losses and/or gains.

SECTION 2.3 PERSONAL DATA

Employees shall notify the Employer in writing, on the Company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Company shall be entitled to rely upon the last known address in the Employer’s official records. The Company will provide this list to the Union a minimum of four times per calendar year.

SECTION 2.4 PROBATIONARY EMPLOYEES

Probationary Employees will be considered probationary for a 90 calendar day period commencing upon their date of hire. The Union will still represent Probationary Employees for problems concerning wages, hours and working conditions, but the Company reserves the right to decide questions relating to suspensions, discipline, layoffs, or discharge of Probationary Employees without recourse to the grievance procedure contained in this Agreement.

Probationary Employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire.

SECTION 2.5 TERMINATION OF SENIORITY

The seniority of an Employee shall be terminated for any of the following reasons:

A. The Employee quits or retires;

B. The Employee is discharged for just cause;

C. A settlement with the Employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

D. The Employee is laid off for a continuous period of one (1) year or 365 calendar days;

E. The U.S. Government revokes the Employee’s security clearance;

F. The Employee is permanently transferred out of the Bargaining Unit, unless other provisions herein modify this stipulation.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FULL-TIME POSITIONS

All full-time employees are classified as either Detention, Armed Detention or Armed Transportation Officer. The Company will provide the Union with an accounting of all such positions, identifying those which are both awarded and vacant each quarter. The Company agrees to make notice to the Union of any planned change in staffing requirement by ICE that will alter the full-time positions within ten (10) business days or as soon as notified by the client.

All new employees entering the facility work force under the Bargaining Unit will work without a bid position until such time as they are awarded or defaulted into a bid position under Section 8.1. These employees are considered “Floaters” and may be assigned as needed by the company as specified within this agreement. The employee without a bid with the most seniority is designated the Senior Floater. A floater is considered a full time employee who does not hold a bid slot.

SECTION 3.2 CRITIAL POSTS

Critical posts will be those determined by ICE in writing. In the absence of written orders from ICE the company agrees to provide a written statement memorializing the verbal order from ICE. Critical posts will not be subject to the posting or bidding procedure delineated in this agreement.

SECTION 3.3 FILLING NEW POSITIONS

When the Company creates or modifies a current position within the Bargaining Unit it will be posted for a period of seven (7) working days (excluding Saturday, Sunday and Holidays). The Project Manager or designee will notify the Union President in writing of such openings. When a vacancy occurs, the Employer will fill the position in accordance with the applicable Articles within this agreement.

SECTION 3.4 FILLING VACANCIES

If a vacancy occurs, the employer will first offer it to the existing bargaining unit members. Members who desire to apply must meet the posted requirements for the position and be approved by the employer.

In the event a Transportation Officer fails to meet any of the requirements of the Transportation Unit but meets the requirements for Detention Officer they will be afforded the opportunity to transfer to Detention Officer status if a position exists.

SECTION 3.5 LAYOFF AND RECALL

In the event of layoff or recall, when positions are being reduced, probationary Employees will be laid off first. Should it be necessary to further reduce the work force, Employees will be retained on the basis of seniority. Recall of Employees will be accomplished by recalling the last laid off Employee first, and so on. It is the responsibility of the laid off employee to keep the Company advised by certified mail of any changes in their mailing address. The employee shall reply to the Company of their intent to return to work within seventy-two (72) hours after receipt of notice from the company of recall. The employee will then have a maximum of five (5) calendar days to return to duty. An employee who is unable to report to work because of a non-occupational injury or illness shall retain their seniority for one (1) year, except that they shall be subject to lay-off according to their seniority.

Employees who are unable to report to work because of an occupational injury or illness shall retain their seniority during the term of their disability, except they shall be subject to lay-off according to their seniority.

SECTION 3.6 EXCHANGE OF DAYS OFF - SHIFT ASSIGNMENT

(Trade Agreements)

A. Employees may be permitted to exchange hours of work with other Employees in the same classification or level, performing the same type of duties in the same work area, provided that:

1. The Employees requesting the work exchange submit a formal written request to their supervisor(s), at least forty eight (48) hours prior to the exchange.

2. The supervisor(s) approves the exchange.

3. The trade will not result in overtime for either party.

4. Not to exceed ten (10) working days per occurrence.

B. The Employees exchanging hours of work shall not be entitled to any additional compensation (e.g., overtime or overtime meals,) which they would not have otherwise received.

C. Once approved, shift changes shall not be subjected to further review, except for operational needs. If a trade agreement is denied, the supervisor denying the swap shall state the reason for the denial on the written request, providing a copy to all parties involved.

D. The Company may allow individuals with a legitimate Hardship Status the following options:

To make a onetime exchange with another employee for up to 120 days.

To give up their current bid and return to a Floating Status.

E. Any full-time employee may make arrangements with a part-time employee to assume their Scheduled post for purpose of taking time off. When time permits, the employee will submit a written request to the Scheduler via the Shift Supervisor requesting such leave 5 business days in advance. It is understood that the Company is not required to approve an arrangements that would incur overtime expense to the Company for the part-time employee. Once approved it becomes the responsibility of the part-time employee to assume the post. In the event a situation exists preventing the 5 day notice the employee may go directly to the on-duty supervisor and request approval. Any on-duty supervisor may grant the request provided it meets the operational requirements existing at the time.

ARTICLE 4

MANAGEMENT RETAINED RIGHTS

SECTION 4.1 BASIC MANAGEMENT RIGHTS

Management of the business and direction of the security force are exclusively the right of management. These rights include, but are not limited to, the right to:

A. Hire;

B. Assign work and schedule;

C. Promote, demote;

D. Discharge, discipline, or suspend based on Article 8;

E. Determine the size of the workforce, including the number, if any, of Employees assigned to any particular shift.

F. Make and enforce work rules consistent with the provisions of this agreement;

G. Require Employees to observe reasonable Employer rules and regulations;

H. Determine when overtime shall be worked;

I. Determine the qualifications of an Employee to perform work.

SECTION 4.2 RIGHTS PRESERVATION

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

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, any supplementary agreement, State or Federal Labor Laws, health and safety regulations, matters concerning work place safety and welfare, National Labor Relation Board rulings, arbitration or umpire decisions, past practices and policies, the Company's own rules and regulations or the challenge of any disciplinary action taken against a

Bargaining Unit Employee, except that this grievance procedure shall not be used for any suspension or revocation of required clearances by the U.S. Government. The Company will provide a copy of the ICE notice of suspension, if provided by ICE, within five (5) business days to the Union. In addition, the grievance procedures outlined herein shall not apply to any non-disciplinary situation where the Company is acting under express directives of the U.S. Government.

The Grievance Procedure is intended to settle any and all disputes between the Company and members of the bargaining unit, and therefore shall precede any redress sought with outside agencies or court proceedings. This in no way restricts employees from exercising their rights outside the Grievance Procedure, but only infers that an employee will first file a grievance and allow this procedure to run its course before taking further steps to alleviate a dispute.

SECTION 5.2 GENERAL PROVISIONS

A. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term “days” shall not include Saturdays, Sundays, or holidays when used in this Article.

B. Should the Company, the Union, or the aggrieved Employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits shall forfeit the grievance, so long as the party claiming such forfeiture has confirmed the receipt of the other party’s last response.

C. Time limits set forth herein may be extended only by mutual agreement between the Company and the Union.

SECTION 5.3 GRIEVANCE PROCEDURES

Step 1:

Any employee having a grievance under this Agreement may first discuss his grievance with his immediate supervisor with his steward present. This Step 1 of the grievance procedures will be considered optional.

Should a resolution be reached, the parties will memorialize the agreement and provide a copy to the Union.

All grievances involving termination, suspension or Class Action may be filed directly to Step 3.

Step 2:

Any issue may be filed at Step 2 by filing in writing a properly executed grievance to the Project Manager within ten (10) business days of the occurrence causing the grievance. Should the Project Manager be unavailable, any available Company Representative may accept and provide written acknowledgement of receipt. A properly executed grievance must 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 by the grievant or, in the case of a class action, by a Union Representative and approved by the Local 830 Union President or his designee.

• The position or demand of the Union.

The Project Manager shall submit an answer in writing within ten (10) business days from receipt of the written grievance to the Union Representative.

Step 3:

If a disciplinary or Contract issue is not resolved in Step 2, the Union may appeal the Company’s actions or decision in writing to the appropriate Company’s Corporate Representative within ten (10) business days. It is understood that each grievance involving disciplinary action will be appealed to the Company taking the action except in the case of a Class Action Grievance which will be appealed to the Prime Contractor.

Within ten (10) business days of receipt of the Union’s appeal, the Company’s Representative shall submit a written response to the Union.

Step 4:

If the matter is not resolved in Step 3, the Union may submit the grievance to the Company’s Corporate Representative and the International Union’s Regional Vice President for resolution within ten (10) business days of receipt of the written reply in Step 3. If the matter is not resolved within a responsible period of time at this level, the matter shall then be considered for arbitration proceedings.

SECTION 5.4 VOLUNTARY MEDIATION

Without waiving any rights in Article 5, regarding arbitration, the parties agree that voluntary and non-binding mediation can be an important tool in conflict resolution. Accordingly, the parties agree to submit their dispute to a Federal Mediator prior to proceeding to arbitration. Either party may refuse in writing to the other to participate in mediation. The parties agree that the Mediator will not render a written opinion regarding the merits of the case and that neither party will be bound by the oral recommendation of the Mediator.

SECTION 5.5 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Union giving the Company’s Corporate Representative written notice of its desire to proceed to arbitration not later than 30 days after rejection of the grievance in Step 3.

Grievances which have been processed in accordance with the requirements of Section 5.3 which remain unsettled shall be processed in accordance with the following procedures and limitations:

A. Selection of an Arbitrator – Within 15 days of receipt of the Union’s written notice to proceed with arbitration, the Company and the Union will meet telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within 15 days, the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. The parties agree not to engage in delaying tactics to prevent a speedy resolution.

An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

B. Decision of the Arbitrator – The arbitrator shall commence the hearing at the earliest possible date.

The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.

C. Arbitration Expense – The arbitrator’s fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

It is expressly understood and agreed that this Agreement incorporates all applicable federal, state and local anti-discrimination statutes and that any claims of discrimination by the Company including those based on federal, state or local statutes shall be subject to this Agreement and to the grievance and arbitration processes outlined herein. Such statutes include, but are not limited to, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Uniform Services Employment Act.

SECTION 5.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration.

SECTION 5.7 CLASS ACTION

The Union may exercise its right at any time to file a group grievance (Class Action) involving more than one employee or on any issue alleging a violation of the Collective Bargaining Agreement. Such grievance will be signed and Authorized by the Union President and served on the Prime Contractor through the Project Manager.

ARTICLE 6

DISCIPLINE

SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL

After completion of the probationary period, as specified in Section 2.5, 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 ICE Clearance suspension/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.

The Company’s contract with the U.S. Government sets out performance standards and contract requirements 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 wages, shift differential, H&W, uniform allowance, holiday pay, vacation, or sick leave accrual during period of administrative leave. Employees who are placed on unpaid administrative leave who have vacation or sick time on the books may use such time at the beginning of the absence period until it is exhausted. If an employee is placed on Administrative leave by the company pending a company investigation for a work related issue and is found not at fault, the employee will be returned to work and paid for all scheduled hours missed and made whole. If the employee is disciplined, the administrative leave period is not compensable.

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S.

Government or Company standards. It is recognized by parties to this Agreement that progressive discipline shall be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progressive discipline is not applicable (e.g. fraud, gross misconduct, theft, etc.).

Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. Failure to comply with any investigation procedures will result in discipline up to, and including, termination.

No employee with seniority status will be disciplined, including suspension and termination without just cause.

The company recognizes the principle of progressive discipline which includes oral counseling, written corrective action notices, suspension and termination. The parties recognize that certain employee misconduct may lead to discipline without either a verbal counseling or written warning i.e.

suspension or termination. Disciplinary action will take place within ten (10) working days of the event or when the company had knowledge of the event. The company will notify the union if extenuating circumstances require more time before disciplinary action is taken.

The actions which may, as deemed appropriate by the Employer, result in and establish just cause for discipline (up to and including immediate dismissal) shall include, but shall not be limited to:

Abuse of authority

Neglect of duties

Breach of security

Breach of chain of command

Conduct which impugns or disparages the DHS, ICE, or its agents or the Employer or its agents to the Government or other third parties except when such conduct is privileged under a specific law

Inappropriate conduct directed at or involving Government employees, detainees, members of the public, or while in uniform

Violation of standards of conduct including but not limited to the Companies Handbooks and post orders

Dishonesty

Misappropriation of funds

Theft

Assault

Intoxication or drinking on duty or illegal use or possession of drugs or narcotics

Immoral conduct

Fighting

Breach of building/facility rules or regulation

Sleeping while on duty

Destruction of property

Criminal misconduct

Abuse, possess, sell prescribed/non-prescribed drugs, alcohol, inhalants

Selling client lists/information

Excessive tardiness/unexcused absences (more than 3 instances in a rolling 12 month period with the fourth resulting in termination) that are not documented by a U.S.-licensed Doctor’s note (limited to 2 in a three month rolling period).

Commit or threaten to commit physical violence

Conducting union business on duty while not relieved or on authorized break

A second “no call/no show” in a rolling 12 month period Loss of security clearance/security officer license through off-duty or on-duty misconduct

No longer meeting the physical qualifications for the job as verified by a company physician in a fit-for-duty examination

Walking off the job (defined as abandoning or refusing to work assigned shift/tasks)

Failure to complete required training (unless properly excused)

Possession of unapproved/unauthorized firearms, deadly weapons, explosives; introduction of authorized weaponry in an unauthorized facility area

Insubordination towards a Company supervisor or Client official Introducing/trafficking contraband onto Company/Client property

Not informing the Company of an arrest (or traffic citation, if a Transport Officer) by civil authorities prior to the start of the next work assignment

Reporting for work intoxicated or under the influence of drugs/inhalants

Failure of a urinalysis (drug) test Making unauthorized video or voice recordings and/or taking photographs within the facility.

SECTION 6.2 REMOVAL OF VERBAL/WRITTEN RECORDS

A. Disciplinary records shall remain in personnel files throughout an employee’s tenure with the Company, unless removed under 6.2C.

B. The Company agrees that when considering discipline for a current infraction, that only the previous rolling 12 month period of employment will be considered when determining current discipline, with the exception of Warning Letters that state termination as next action, and any suspension for a specific repeated offense. For such letters, the Company may go back 18 months from the current infraction.

C. If, during a ninety (90) day period following the date of any written summary of formal counseling, the Employee has received neither further formal counseling, an unsatisfactory service rating, nor any disciplinary action, and on or after the expiration of the ninety (90) day period the Employee requests the Employer to do so, the Employer shall remove the written summary of formal counseling from the Employee’s individual personnel file.

D. At least once during each twelve (12) month rolling period, the employee will be allowed to select one disciplinary action, up to a five day suspension, in their disciplinary file to be voided for future consideration towards disciplinary action.

SECTION 6.3 DISCIPLINARY PROCEDURES

A. For written warnings and suspension of five (5) working days or less, discipline shall be invoked after completion of Step 2 of the Grievance Process.

B. For suspension of more than five (5) but less than twenty (20) working days, discipline shall be invoked after completion of Step 3 of the Grievance Process.

C. For twenty (20) working day or more suspensions and all terminations, discipline shall be invoked after completion of Step 4 of the Grievance Process.

D. In all cases, if a higher step in the Grievance Chain reverses or reduces the discipline, the employee will be made whole to the extent of the reduction.

ARTICLE 7

HOURS OF WORK AND OVERTIME

SECTION 7.1 WORK WEEK

The "Workweek" includes all the time during which an employee is necessarily required to be on the employer's work site, on duty or at a prescribed work place. A regular workweek of at least thirty-five

(35) hours of work shall constitute a normal full-time workweek for full time Employees or seventy hours (70) in a pay period. Furthermore, no officer will be required to work more than one shift, such as Days, Swings, or Graves per workweek and shall have two (2) consecutive days off (no split days off will be allowed), unless the employee volunteers to do so. There will be a minimum of eight (8) hours off between shifts and, with the exception of Transportation shifts, an employee will not be required to work more than 12 hours on a one shift, unless in the case of a facility emergency.

SECTION 7.2 WORKDAY "COMPENSABLE TIME"

Employee "Workday" includes all periods in which the employee is suffered or permitted to work whether or not required to do so, and all time during which the employee is required to be on duty or to be on the employer's work-site or to be at a prescribed workplace.

"Workday" means the period between "the time on any particular workday at which an employee commences (his/her) principal activity or activities" and "the time on any particular workday at which he or she ceases such principal activity or activities."

SECTION 7.3 OVERTIME

The Company and Union recognize that all Bargaining Unit Members are ranked on a Facility Seniority List as identified under Article 2, Seniority. For purposes of Overtime Distribution the Company may create a secondary list for officers in each classification who want to come in early or work over as follows:

1. Officers volunteering to work overtime will submit a memorandum every thirty (30) days to the Scheduler.

2. The memorandum must be turned into the Supervisor One by 0000 hours on the second of every month.

3. The memorandum must identify the Officers availability to work overtime, example: Willing to come in early or hold over.

4. A list with all volunteering Officers in seniority order within the assigned shift will be submitted to the Supervisor One.

5. Should any vacancies remain the Company will utilize the Facility Seniority List. Supervisors shall go down the seniority List(s) and offer available overtime by seniority.

6. Officers on their 32 hour week may also volunteer for work by placing their name on this list.

SECTION 7.4 OVERTIME REQUIREMENT

An overtime rate of time and one and one-half (1½) of an Employee’s base rate of pay, as calculated in Article 13.2, shall be paid for all hours actually worked in excess of 40 hours in any pay week.

Mandatory overtime will be inverse to voluntary, in that the Employee with the least seniority will be required to meet the overtime requirement first. No employee will be forced to stay over on any eight

(8) hour shift for more than four (4) hours. An employee shall not be forced to work over more than two (2) consecutive days in a row.

If directed to work overtime and the seniority system is not invoked due to shortness of notice of the Company (30-minute before shift change) the company will designate the least senior officer available to fill the vacant post.

If an employee volunteers or is forced to work additional hours beyond the normal shift or called in, they will be paid a minimum of four (4) hours. If the overtime assignment turns out to be less than four (4) hours and the employee volunteers to go home, they will be paid a minimum of one (1) hour.

Should the officer work more than one hour they must be paid in no less than one hour increments.

Officers may volunteer to work less than four (4) hours but must be paid no less than one (1) hour increments.

It is understood that no Bargaining Unit Employee can be ordered to come in for mandatory overtime or to work their regular scheduled day off unless emergency conditions exist, i.e., riot, hostage situation, mass evacuation, etc.

At no time will any employee be penalized or reprimanded for not volunteering for overtime.

No Part-Time employee can be ordered to work overtime or come in on a day not already scheduled.

Transport Officers will be expected to work overtime assignments in conjunction with transportation and armed post requirements. Transportation Officers will work armed guard posts in the event an armed guard post is vacant and no other armed guards are available to provide coverage.

SECTION 7.5 OVERTIME DISTRIBUTION

The Company may utilize part-time employees before implementing the seniority process.

Assignment to work overtime (extra) hours or the decision to use overtime (extra) hours to resolve a post vacancy rests with the company. Unfilled 8-hour posts will be filled by seniority on the assigned shift. Hold overs or call-ins for 4 hours may be provided to officers working a reduced week (32 hours) prior to being offered to officers working a 40 hour week.

Overtime created as a result of call-offs will be filled by seniority as follows:

The first 4-hour block (early) is awarded to the most senior full-time employee on the preceding shift. The second 4-hour block is awarded to the most senior full-time employee on the following shift.

Once the Supervisor has offered overtime to an Officer and the Officer has accepted the hours, the agreement is binding unless the officer voluntarily gives up the hours. Should an officer be passed over who should have been awarded the available overtime due to their seniority ranking, the Company shall reimburse the employee for the number of overtime hours lost.

If mandatory overtime is required, such assignments will be made to the least senior individual on shift that day, if there are no volunteers.

Except for emergency recall of all employees, Bargaining Unit Employees may not be contacted by phone during off duty hours, unless they sign a voluntary recall list for assignment of available hours and overtime. If the voluntary recall list is exhausted, then the company may fill the vacancy per seniority and call off duty officers.

SECTION 7.6 OVERTIME REQUIREMENTS FOR TRANSPORTATION OFFICERS

Transport Officers will be expected to work overtime assignments in conjunction with transportation and armed post requirements. Transportation Officers will work armed guard posts in the event an armed guard post is vacant and no other armed guards are available to provide coverage.

A list of volunteers shall be compiled by seniority for each assigned shift. Full-Time Officers who have missed work will be afforded make-up hours first. It is the officer’s responsibility to inquire as to making up lost time, which will be awarded at the discretion of Management.

Mandatory overtime will be inverse to voluntary, in that the Employee with the least seniority will be required to meet the overtime requirement first, unless staff are required to work overtime due to delays while working in the field that may cause them to return to the Facility after scheduled shift hours.

Bargaining Employees can be contacted by phone during off duty hours and asked to voluntarily come in for overtime hours. It is understood that no Full-Time Bargaining Employee can be ordered to come in for mandatory overtime unless emergent conditions exist, i.e., riot, hostage situation, mass evacuation, etc.

In recognition of the fluidity of Transport Officer Schedules, the company may adjust such schedules to reduce overtime, without employee consent due to the uncertain nature of shift lengths and US DOT regulations concerning maximum driving hours during specific periods of time. In addition, shift length maximum for Transport Officers may be up to fifteen (15) hours per day, with no more than ten

(10) hours driving time.

SECTION 7.7 BREAKS AND BONA FIDE MEAL PERIOD FOR DETENTION OFFICERS

BREAKS: The Company must provide employees a minimum number of breaks as follows:

Shift Length Paid Breaks Provided More than 2 hours to 4 hours One 15-minute break More than 4 hours to 8 hours Two 15-minute breaks…