Attachment_7_-_GSGA_Local_2003_ICE-_Puerto_Rico_CBA.PDF

AGREEMENT

Between

MVM, Inc.

And the

GOVERNMENT SECURITY GUARDS ASSOCIATION

AND ITS

Local 2003

July 1, 2016 to June 30, 2019

AGREEMENT

THIS AGREEMENT is made and entered on July 1, 2016 , and is fully executed by and between MVM, Inc., hereinafter referred to as the "Employer" or "Company" or "MVM" and the Government Security Guards Association and its Local 2003, hereinafter referred to as the "Union."

ARTICLE 1 - Recognition

Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours and other conditions of employment for all full-time and regular part-time detention officers pursuant to MVM’s Contract with ICE in the Commonwealth of Puerto Rico, but excluding all managers, supervisors, lieutenants, sergeants, office and/or clerical employees, and all non-security employees of the Employer.

Section 2. It is expressly understood that non-bargaining unit employees will not perform bargaining unit work. Non-bargaining unit employees can be used to perform unit work only in emergency situations for no more than 60 consecutive calendar days, to assure compliance the employer will make a sincere effort to fill open post with on-call unit employees. If no on-call officers respond in a timely manner, employees on post may be required to work mandatory overtime in reverse seniority order.

ARTICLE 2 - Management Rights

Section 1. The Employer shall retain all rights, powers, and authority it had prior to entering into this Agreement, except those specifically abridged or modified by this agreement and any supplemental agreements that may hereafter be made, including, but not limited to right: to manage its operations and to direct and temporarily assign the work force; to determine and change the methods and manner in which services are provided; to introduce new methods or improved methods of operation; to determine the extent to which and the manner and means its business will be operated; or shut down in whole or in part; to determine whether and to what extent any work shall be performed by employees and how it shall be performed; to select, hire, promote, permanently or temporarily transfer regardless of the location, demote, lay off, assign, train, suspend, terminate and discipline employees; to subcontract any part of its operation; to select and determine supervisory employees; to bid or not bid, or to rebid or to not rebid, the Contract with the Government; to determine and change starting times, quitting times, schedules and shifts; to reasonably determine and change methods and means by which operations are to be carried on; to establish, change and abolish its policies, work rules, regulations, practices and standards/codes of conduct, and to adopt new policies, work rules, regulations, practices and standards/codes of conduct; and to assign duties to employees in accordance with the needs or requirements of the Government and the Employer, as determined by the Employer or the Government, and any other rights not specifically restricted by this Agreement, but accordingly with. The exercise of the foregoing powers and rights, together with the adoption of policies, rules and regulations in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the express and specific terms and conditions of this

Agreement, and the dictates of the government. Moreover, the Employer expressly reserves the right to set all reasonable policies not otherwise set forth in this Agreement and all prior practices between any of the employees and any other Employer are of no force and effect regarding, and are not binding upon, the Employer.

ARTICLE 3 - Classifications

Section 1. MVM strives to provide all regular full-time employees with forty (40) hours of work per week. MVM will act in good faith and use its best efforts to secure forty (40) hours of work per week for each full time employee. The parties recognize, though, that there will be instances where MVM will not be able to secure forty (40) weekly hours of work for each full-time employee. Such instances include but are not limited to a reduction of hours required or authorized by the Federal Government, the elimination of posts, emergencies, Government budgetary reasons. and other compelling situations in MVM's discretion. In those cases MVM may reduce the working hours of full-time employees to less than forty (40) hours, but not less than thirty-two (32) hours. MVM will act in good faith and use its best efforts to do so as little as is possible. The reduction in the working shift hours may only be imposed for as long as it is necessary based on the particular circumstances. Such reduction shall be made based on seniority within the employees affected, meaning that where MVM has to reduce the hours of a particular worksite location it shall reduce the hours of the least senior unit member first, and proceed in order of the next least senior employees; provided, however, if MVM cannot do so because it is impracticable due to the totality of the circumstances giving rise to the reduction of hours.

Section 2. Part-time employees are those employees who classified as part time by the Employer and are regularly scheduled to work an average of thirty one (31) hours or less per continuous seven (7) day period, per calendar year.

ARTICLE 4 - Seniority

Section 1. Seniority shall be the length of continuous service from the employee's last date of hire as a security officer on the Contract for the Employer or any preceding employer, regardless of whether the employee is a full-time or part-time employee. Seniority shall not accrue until the employee has successfully completed his/her probationary period. Seniority shall be applicable by classification of Full Time or Part Time in determining the order of layoff and recall, shift bidding, transfers, vacation schedules, extra work, overtime, assignment to new Client sites and any other terms and conditions of employment expressly bargained in this Agreement. Separate seniority list will be prepared and maintained by classification of full time and part time.

Section 2. Newly hired full-time employees, including employees hired from any predecessor or incumbent contractor shall be regarded as probationary employees for the first ninety (90) days of actual work. Newly hired part-time Employees shall be regarded as probationary employees for the first one hundred and twenty (120) days of actual work. During their probationary period, probationary employees shall not accrue seniority under this Agreement, nor shall they be eligible for benefits except to the extent specifically required by law. The Employer shall have the right on its own to discipline, layoff, transfer, suspend, or terminate probationary Employees without limitation by the provisions of this Agreement. Such employees shall not have any recourse to the grievance procedure contained herein to challenge or object to any action by the Employer.

Section 3. A seniority list by classification of Full Time and Part Time will be posted and maintained by the Employer and shall be made available to the Union upon request. An Employee's standing on the posted seniority list will be final unless protested in writing to the applicable Project Manager not later than fifteen (15) working days after the list has been posted on the bulletin board. If an employee is affected adversely because of an incorrect seniority date posted and not protested within the indicated fifteen (15) days, the employee will not have the right to grieve or arbitrate.

Section 4. Employees shall notify the Employer in writing of their proper post office address, email address and telephone number or any change of name, address or telephone number. The Employer shall be entitled to rely upon the last known address shown in the Employer's official records.

Section 5. 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) the employee is laid off for a continuous period of one hundred eighty

(180) days;

(d) the Government terminates the Employee's clearance;

(e) the employee fails to obtain a required license or qualification.

Section 6. Any bargaining unit employee who is transferred to another bargaining unit or a non-bargaining unit position after the effective date of this Agreement, and is later returned to the bargaining unit position within ninety (60) calendar days of the transfer, shall be credited with all seniority he/she had as of the time before he/she transferred out of the bargaining unit.

Section 7. Bargaining Unit seniority will be lost if an employee occupies a non-bargaining unit position for over sixty (60) days.

ARTICLE 5 - Transfer, Layoff and Recall

Section 1. Whenever it is necessary to layoff employees at the Site, as determined by the Employer or the Government, or in the event the Employer's Contract for providing security services for the Government is terminated, not extended, or not renewed, the Employer may layoff part-time, and/or full-time employees, as it deems necessary, in the following manner:

(a) When full-time positions are being reduced, employees will be laid-off as follows:

(i) Probationary employees working at the Section at which the reduction is to be made shall be laid off first;

(ii) Should it be necessary to further reduce the work force, the employees at the affected Site shall then be laid off in the inverse order of their seniority; and

(iii) Full-time employees may bump and replace less senior part-time employees.

(iv) Full time employees will have the option to accept or decline part time work.

(b) When part-time positions are being reduced, employees will be laid-off as follows:

(i) Probationary employees working at the Section at which the reduction is to be made shall be laid off first;

(ii) Should it be necessary to further reduce the work force of part- time employees at the affected Site, they will be laid off in the inverse order of their seniority.

Section 2. Laid- off employees may not displace employees at other Sites.

Section 3. Employees who have been laid-off, or transferred to another Site covered by this Agreement by reason of a reduction in the work force, will be recalled to work in the reverse order in which they were laid off or transferred. Should an employee be transferred to another Site in lieu of a layoff by reason of a reduction in work force, or otherwise involuntarily transferred, said employee shall receive the rate of pay applicable to the position at the Site to which he/she is transferred. Additionally, that employee shall not lose his accrued seniority upon commencing work at the new Site.

Section 4. Laid-off employees will be recalled in accordance with this Agreement to available positions within the units before new employees are hired. Laid-off employees declining recalls to their "home Site" will be deemed to be voluntary terminations of employment. Laid-off employees are not eligible for any compensation (other than statutory unemployment compensation if eligible) from the Employer.

Section 5. Employer shall have the right to transfer an employee from one site to another under the Contract with the Government to comply with the Government’s request or to maintain order.

Operational and involuntary transfers will be done on a voluntary basis, however if no volunteers are available the transfers will be made using reverse seniority.

ARTICL E 6 - Job Opportunities

Section 1. All vacancies that occurs in an existing position covered by this Agreement, and the Employer chooses to fill that vacancy, the Employer shall post the job for a period of five (5) working days (excluding Saturdays, Sundays, and Holidays). After the selection, employee may not resign to the position selected. Any employee who wishes to apply for an open position will be able to do so, only if he/she has been posted on their present post for at least one (1) year.

Section 2. Any employee who wishes to apply for the open position shall do so in writing during the posting period, if there is a posting period for the position. The Employer will consider all applications received, and will fill the position in the best interest of its operations and of the needs of the Government.

Section 3. In the interest of maintaining continuing operations, the Employer may temporarily assign an employee to a vacant or new position until the job is filled according to this Article for no more than seventy-five (75) working days

ARTICLE 7- Grievance Procedure

Section 1. For the purpose of this Agreement, a grievance shall mean a claimed violation, misinterpretation or misapplication of any provision of this Agreement. The term "days" shall not include Saturday, Sunday and holidays when used in this Article.

Section 2. The number of days provided for in the presentation and processing of grievances in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified may be extended by written mutual agreement. The failure of an Employee or the Union to proceed to the next step of the grievance procedure within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance. The failure of the Employer to answer a grievance within the time limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure.

The parties agree that any employee having a complaint, or an employee designated by a group of employees having a complaint, is encouraged to discuss the complaint with their immediate supervisor prior to filing a grievance. The employee may be accompanied by a Union representative if the employee so desires.

No grievance may be filed or processed based upon facts or events which have occurred more than ten (10) working days before the grievance is reduced to writing. Failure to comply with this requirement will make the grievance ineligible for arbitration.

The parties agree that any employee or employees having a complaint are encouraged to discuss the complaint informally with their immediate supervisor prior to asking the union to file a formal grievance. The supervisor shall attempt to answer the complaint promptly, either orally or in writing and seek guidance from the Project Manager if necessary.

Group Grievance and any Grievance regarding termination start in Step 3 of Procedures.

Section 3. All grievances shall be presented and processed in accordance with the following procedure:

(a)

Step One - If the complaint is not resolved informally between the employee or employees and the appropriate supervisor, the grievance shall be reduced to writing on the form provided by the Union and presented to the Project Manager within ten (10) working days from the date the event giving rise to the grievance occurs. The written grievance shall be signed by the grieving employee and shall set forth the nature of the grievance, including an appropriate justification for redress, and the adjustment sought if known. The employee, the Union representative and the employee's Project Manager (or his/her designee) shall meet to discuss the grievance. The Project Manager may give a written decision to the grievant within ten (10) working days after the receipt of the grievance.

(b)

Step Two - If the grievance is not resolved at Step One, the grieving employee must refer the grievance to the Union and to the Employer's Director of Operations or his designee, if at all, within twenty (20) working days after the completion of Step One. The grievance must be forwarded to the Employer's Director of Operations or designee. The Director (or his/her designee) may confer with the grievant and the Union representative, either in person or by telephone, to discuss the grievance.

The Director (or his/her designee) may give a written decision to the grievant within twenty (20) working days after receipt of the grievance.

(c)

Step Three-If the grievance is not resolved at Step Two, the grieving employee must refer the grievance to the Union and to the Employer's Director of Human Resources or his designee, if at all, within twenty (20) working days after the completion of Step Two. The grievance must be forwarded to the Employer's Director of Human Resources or designee.

The Director (or his/her designee) may confer with the grievant and the Union representative, either in person or by telephone, to discuss the grievance. The Director (or his/her designee) may give a written decision to the grievant within twenty (20) working days after receipt of the grievance.

(d) Step Four- Except as limited below, any grievance arising during the term of this Agreement not resolved at Step Three may be submitted to arbitration by the Employer or the Union by submitting a written request to the other party within ten (10) days after the completion of Step Three.

Alternatively, within the time limit of ten (10) days the Union or the Employer may request a pre-arbitration meeting in an effort to resolve the grievance prior to arbitration. If the grievance is not resolved in Step Three, service of a request for arbitration upon the Employer must be made upon the Director of Human Resources or his designee. If service of such request is not completed within ten (10) working days of the completion of Step Three, the grievance shall be of no further force and effect, and shall be invalid, for all purposes, and, specifically, shall not be arbitrable.

(i) Only the Executive Union Officers (i.e., no individual grievant) may move a grievance to arbitration.

or in writing, shall be processed to Step Three since those matters are not arbitrable. Nor shall the discipline, layoff, transfer, suspension, termination or any matters specified in this Agreement of a probationary employee or any other a probationary employee are not being grievable within the Arbitrators jurisdiction.

(iii)

The failure to follow the expressed steps of the procedure set forth in this Article shall result in the grievance not being arbitrable.

(iv)

Following the written request for submission to arbitration, representatives of the Employer and the Union shall attempt to agree on the selection of an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the date of the receipt of the request for arbitration, the arbitrator shall be selected by alternatively striking the names from a list of seven (7) arbitrators provided by the American Arbitration

Association.

The location of the hearing shall be determined by the parties based on the consideration of expenses, number of witnesses, Site of arbitrator.

(ii) No grievance regarding a dispute as to the interpretation of a Wage Determination, the interpretation of the Employer's Contract(s) with the Government, or the Employer's adherence to a request of the Government, regardless of whether that request is made orally

(v)

(vi)

(vii)

(viii)

(ix)

Neither party may assert a contractual claim or basis in support of its position which was not presented during an earlier step of the Grievance Procedure.

The arbitrator's fee and expenses, including the cost of any hearing room, shall be borne by both parties in equal amounts. The expenses and compensation of any witness or other participant shall not be paid by the Employer, unless the witness or participant is called by Employer. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

If a Party requesting arbitration subsequently withdraws the arbitration request, the withdrawing Party shall pay the other Party’s cost associated with the arbitration, to include AAA/FMCS fees, arbitrator fees, legal fees, witness fees and any travel expenses.

The arbitrator shall have no power to: (a) add to, subtract from, alter, or in any way modify the terms of this Agreement or the Contract; (b) establish or modify any wage rate; (c) construe this Agreement to limit the Employer's discretion except only as that discretion may be specifically limited by the express terms of this Agreement; (d) interpret or apply law, including but not limited to the requirement of the Service Contract Act and implications of Wage Determinations as well as any other legal, obligation referred to this Agreement ; (e) consider any matter or substitute his/her judgment for that of the Government regarding a request of the Government. ' The arbitrator shall render a decision as soon as possible following the hearing, but not late than thirty (30) days from the end of the · hearing. Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the Union, its members, the employee or employees involved and on the Employer. Any award of back compensation shall not predate the date of the grievance by more than ten {10) days, and shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received), as well as being fully adjusted by any failure on the employee's part to attempt to mitigate his/her damages. Interest, punitive damages, attorney fees and/or front pay shall not be awardable by the arbitrator. Any award of reinstatement (including back pay) shall be subject to the Government permitting the employee to return to work. Should the Government refuse to allow the employee to return to work, any award of reinstatement shall be of no force and effect, and shall not be binding on the Employer. Except that back pay (only) may be paid in cases that the employer initiated the action and provided incorrect information, which resulted in the cause of the action against the employee.

ARTICLE 8 - Discipline

Section 1. After completion of the probationary period, no employee shall be dismissed or otherwise disciplined without just cause unless the employee is removed from working under the Employer's Contract with the Government by the Government, at the request of the Government, or if the employee's credentials are denied or withdrawn by the Government. The employee may submit a written request for reconsideration with clear justification and supporting documents to the employer no later than ten (10) days from the removal. The employer will present the written request to the government with the understanding that the decision is at the sole discretion of the government.

Should a non-probationary employee wish to contest a dismissal solely made by the Employer (i.e., not due to an action or request of the Government), the employee will proceed under the Grievance Procedure commencing with Step 2, as provided in Article 7 of this Agreement.

Section 2. The Company's management approach includes adhering to a sound and corrective progressive disciplinary process. This approach is based upon the Company's established Standards of Conduct, which were developed to cover all security contracts, Contract Specific Government Standards and Post Orders. Among the actions which shall be deemed inappropriate by the Employer under the circumstances, and may result in and establish just cause for discipline, up to and including immediate dismissal, shall include, but shall not be limited to, the following, as determined by the Employer or the Government:

• abuse of authority;

• neglect of duties;

• breach of security;

• breach of the chain of command, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the Contracting Officer;

• conduct which impugns or disparages the Government or its agents, or the Employer or its agent, to the Government or to other third parties;

• refusing to accept a transfer initiated by the Employer or the Government;

• inappropriate conduct directed at or involving, Government employees, client representatives, witnesses, jurors, litigants or the general public;

• insubordination;

• dishonesty, misappropriation of funds, theft, assault, intoxication or drinking on duty, or illegal use or possession of drugs and narcotics;

• falsifying or misrepresenting information on an application for employment, or on documents otherwise supplied to the Employee by the Employer or the Government;

• a breach of security;

• immoral conduct;

• fighting;

• sleeping while on duty;

• destruction of property;

• criminal misconduct;

• absence from work for two consecutive working days without advising the Employer and not giving reasons acceptable to the Employer for such absence, or unexcused absence on three non-consecutive work days within any forty-five calendar day period;

• failure to return to work within three working days after receipt of the Employer's notice of recall by certified mail to the last known address of such employee as shown in the Employer's records;

• overstaying a leave of absence or a vacation;

• giving a false reason for obtaining a leave of absence or being absent without approval;

• having credentials withdrawn by the Government, or having the Government ask that the employee be removed from working under the Employer's Contract with the Government;

• failing to maintain or satisfy current physical or medical requirements, including but not limited to satisfying any and all medical or physical requirements or standards of the Government and the Employer; and

• violating the appearance and height and weight standards, performance standards, and Standards of Conduct which have been established by the Employer and/or the Government.

Section 3. Discipline. There are, generally, three levels of corrective action. However, the Employer reserves the right to institute discipline against employees beginning at any of these levels, based upon the severity of the infraction, as determined by the Employer. The levels are:

Documented Warning/Official Counseling/Remedial or Additional Training, if appropriate Suspension of Duty without Pay Termination

Repeated violations, regardless of their nature will not be tolerated and may be considered to advance the discipline procedure. Once warned, employees are expected to correct their performance and/or behavior within one hundred eighty (180) days of the occurred event.

Section 4. Discipline and official counseling shall be notified on a timely basis to unit employees. If a discipline and/or counseling memorandum are issued more than forty five (45) calendar days subsequent to the event giving rise to discipline or counseling memorandum or the date on which the employer became aware of the infraction it shall be deemed untimely and cannot be used against an employee.

ARTICLE 9 - Performance Standards

Section 1. The Employer will evaluate yearly (between October and December) the job performance by the immediate Supervisor of the employees based on attendance, punctuality, grooming and dress standards, customer service, courtesy to all parties, and the satisfactory performance of the duties of the position.

ARTICLE 10 -Training

Section 1. Employer shall pay the fees of Federal, State, or Client-mandated annual training and shall compensate employees at their regular straight-time hourly rate .

Section 2. Employees will be required to attend training programs and seminars that the Employer may offer from time-to-time in order to improve the services offered, as well as the skills of the employees. The training programs shall be paid by the Employer. Employees who are not available for scheduled training due to an emergency will make-up said training at the time and place identified by the Employer.

ARTICLE 11 -Hours of Work and Overtime

Section 1. The employer will combine two fifteen (15) minute paid breaks into a thirty (30) minute paid break to be given between the third (3rd) and fifth (5th) hour of the assigned shift which will be substituted for the thirty (30) minute unpaid lunch period.

Section 2. An overtime rate of one and one half (1.5) of an employee's base pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours worked in excess of forty (40) hours in a workweek.

Section 3. If requested by the Employer or Government to work overtime or extra hours, the employee shall be required to do so unless the employee receives approval by his supervisor to be excused. Overtime will be distributed, as equitably as is possible under the particular circumstances, among employees regularly assigned to the particular work Site. The Employer will attempt to rectify overtime inequalities through the future scheduling of overtime work.

However, the Employer shall not be penalized for the modification requested by the Government.

Section 4. Hours of work for part-time employees shall be determined by the Employer, subject to Government requirements and approval, to ensure the orderly and efficient operation of government security services. Failure to accept assignments when not excused by the Project Manager shall be grounds for discipline up to and including discharge.

Section 5. Provided the Employer provides the Union with at least two (2) weeks prior notice, each employee may be required to use an electronic sign in/out attendance system when reporting for duty. This form of reporting will be used to check in and out for lunch if the employee leaves the post or building, and to check out at the end of the employee's shift. Each employee shall be responsible for reporting in and out for attendance purposes. If the electronic system is not in use, the same requirement applies to a manual procedure.

Section 6. If requested to work overtime time (i.e., over eight (8) or forty (40) hours, the Employee shall be required to do so unless the Employee is excused for an employer approved and justified reason. In the event of an unexpected call-off the officer on post will be required to remain on post until a replacement is found so he or she can be properly relieved. The employee cannot work more than twelve hours into the shift.

ARTICLE 12 - Shift Hours

Section 1. The shifts hours will be as indicated:

181 Shift:

2nd Shift:

3rd Shift:

6:00AM to 2:00PM 2:00PM to 10:00 PM 10:00PM to 6:00AM

Section 2. The purpose of the shift hours is only to be used if shifts are assigned to facilitate the work schedule records. Other shift may be assigned as required for the operation.

ARTICLE 13 - Holidays

Section 1. Whenever the term "holiday" is used it shall mean the Federally recognized holidays of:

New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, Good Friday. All holidays will be observed on the day that the Federal Government.

Section 2. A full-time employee who is not required to work on a holiday shall be paid eight (8) hours of holiday pay at his/her base hourly straight time rate, exclusive of any shift or overtime premium. An employee who is on unpaid leave of absence shall not receive holiday pay.

Section 3. Any full-time employee who works as scheduled on a holiday shall receive the employee's regular rate for all hours worked and in addition shall receive eight (8) hours holiday pay providing the employee meets the requirements of Section 2, above.

Section 4. An employee who is scheduled to work on a workweek in which a listed holiday occurred, and fails to report for such work shall forfeit the employee's holiday pay, the employee is not entitled to the holiday benefit. An employee who is not scheduled to work a holiday but fails to report to his/her regular shift immediately before and regular shift immediately after a holiday shall not be compensated for the holiday.

Section 5. Any regular part-time employee who works as scheduled on a holiday shall receive the employee's regular rate and fringe benefits of pay for all hours worked plus prorated holiday pay based on the prior week's hours of work.

Section 6. Holiday pay for regular part-time employees who do not work on a holiday and who meet the eligibility requirements set out in Section 2, above, shall be paid only a prorated portion of the full-time benefit based on their prior week's hours of work divided by the average number of hours worked in the previous four weeks.

ARTICLE 14 - Sick and Personal Leave

Section 1. Regular full and part time employees who work one hundred and fifteen (115) hours per month will accrue sick leave at the rate of eight (8) hours per month.

Section 2. Sick leave will be payable for full days of absence due to illness commencing on the first (1st) day of illness and will not be paid for more than eight (8) hours at the Employee's regular straight time rate for each day the employee is eligible to receive sick pay. Sick leave will not be considered as time worked for purposes of computing overtime.

Section 3. A physician's certificate of disability or illness will be required by the Company after three (3) consecutive days of absence.

Section 4. Employees may request in writing personal leave days, which may be approved by the immediate supervisor. During the Contract year, the Company will allow full time employees to use a maximum of six (6) days for personal reasons. Part time employees may use a maximum of three (3) days for personal reasons. The employer reserves the right to approve and cancel if necessary based on operational needs and to ensure compliance with the requirements of the government.

Section 5. The Company will pay each employee at his base hour rate of pay at the time of accrual for each unused hour of sick leave at the end of each contract year. Payment shall be made during the month succeeding the end of the contract year.

Section 6. The Company will allow employee to utilize accrued hours of sick and personal leave in four (4) hour blocks when given an advance notice of seventy two (72) hours. Sick and Personal leave may be taken in hourly increments in cases of emergency or illness if the employee is at work and is required to leave.

Section 7. The use of sick and personal days for the purpose of extending a vacation, extended leave or periods before or after a holiday is not permitted and will not be approved.

Section 8. Sick leave will not be liquidated as pay upon termination of an employee for any reason prior to the completion of the contract year.

ARTICLE 15 - Vacations

Section 1. For the purpose of computing years of service, continuous service with the incumbent company and predecessor contractors will be used.

Section 2. All Regular Full and Part time employees who work one hundred and fifteen (115) hours per month will accrue vacation at the rate often (10) hours per month or up to three (3) weeks per year. The accrual of vacation begins with the date of hire of the employee and a new vacation accrual period begins on each successive anniversary date of employment for the employee. Vacation cannot be used until the employee has worked at least one (1) year with the Employer.

Section 3. Full and Part-time employees covered by this Agreement who have been continuously employed for a period of fifteen (15) years shall as of their anniversary date begin to earn thirteen point thirty three (13.33) hours or four (4) weeks paid vacation per year.

Section 4. Each employee who qualifies for vacation leave in accordance with the provisions of this Article shall notify his/her Supervisor or Assistant Project Manager or Project Manager in writing during the period December 1 to 31 of the prior year for vacation during (next 13 months) January 1st of the following year to January 31 of the next year. The employee should State their choice for desired vacation period. The Supervisor will attempt to approve vacation schedules so as to be mutually satisfactory to the employee and the Employer in line with the seniority of the employee; provided, however, that the final allocation of vacation periods shall rest exclusively with the Employer in order to insure orderly and efficient operations. In order to ensure fairness no employee may receive the same vacation periods for more than one consecutive year regardless of their seniority.

Section 5 . Effective January 2017, No more than two (2) employees covered by this agreement shall be permitted to take vacation during the period of December 15 to January 3 of every year. Vacation during this period shall be granted in order or seniority and no employee shall be granted vacation during this period in consecutive years. MVM may cancel approved vacation during this period for operational needs and necessity. Prior to this Section becoming effective no employee shall take vacation for the period of December 15, 2016 – January 3, 2017.

ARTICLE 16 - Leaves of Absence

Section 1. Family and Medical Leave Act- The Employer will grant family and medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in the relevant state and federal laws.

Employees must contact their Project Manager as soon as they become aware of the need for a family and medical leave. ·

To be eligible for family and medical leave benefits, an employee must: (1) have worked for the Employer for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months; and (3) work at a location where at least 50 employees are employed by the Employer within 75 miles.

If you meet these requirements, you are entitled to up to 12 weeks for certain medical reasons listed below or qualifying exigencies related to military duty or up to 26 weeks for Military Family (Caregiver) Leave. If FMLA leave is approved, your FMLA leave will begin on the first day you are absent from work for one of these reasons.

a. Eligible employees may be granted up to 12 weeks of unpaid, job-protected FMLA leave for reasons stated below during any rolling 12-month period, calculated beginning on the first day of your approved FMLA leave to be taken for any of the following reasons:

• For the birth and care of a newborn child of the employee; or

• Placement with the employee of a son or daughter for adoption or foster care;

• To care for a spouse, child or parent who has a serious health condition; or

• To take medical leave when the employee is unable to work because of a your own serious health condition; or

• For qualifying exigencies arising out of the fact that the employee's spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.

b. If FMLA is for Military Family Caregiver Leave, employees may be granted up to 26 work weeks or unpaid leave during a "single 12-month period" to care for the service member with a serious illness or injury that was incurred by a service member in the line of duty on active duty. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves. An eligible employee is limited to a combined total of 26 work weeks of leave for any FMLA-qualifying reason during the "single 12-month period" and only 12 of the 26-week total may be for an FMLA-qualifying reason other than to care for a covered service member.

Eligible employees may receive up to a total of 12 workweeks of unpaid leave (or 26 weeks in some cases) during a 12-month period. A 12-month period begins on the date of the employee's first use of federal family and medical leave. Successive 12-month periods commence on the date of an employee's first use of family and medical leave after the preceding 12-month period has ended.

Under some circumstances, employees may take family and medical leave intermittently which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

Certain restrictions on these benefits may apply. For example, if an employee needs family and medical leave, he/she may be required to provide:

• 30-day advance notice when the need for the leave is foreseeable;

• Medical certification from a health care provider (both prior to the leave and prior to reinstatement);

• Periodic recertification; and

• Periodic reports during the leave.

When leave is needed to care for an immediate family member or an employee's own serious health condition, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the Employer's operation.

Family and medical leave is unpaid. Moreover, the Employer requires employees to use all accrued paid leave (such as paid time off and vacation leave) concurrently while utilizing family and medical leave, and such paid leave shall count towards any family and medical leave entitlement, to the extent that there is any such entitlement. The use of paid time off will not extend the length of a family and medical leave.

The Employer will maintain, for up to a maximum of 12 workweeks of family and medical leave (or 26 workweeks depending on the reason), any group health insurance coverage that an employee was provided before the leave on the same terms as if the employee had continued to work. The Employer may recover premiums it paid to maintain health coverage if the employee does not return to work following family or medical leave.

If an employee is on family and medical leave but is not entitled to continued paid coverage, an employee may continue his/her group health insurance coverage through the Employer in conjunction with federal COBRA guidelines by making monthly payments to the Employer for the amount of the relevant premium.

Under most circumstances, upon return from family and medical leave, an employee will be reinstated to his/her previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, upon return from a family and medical leave, an employee has no greater right to reinstatement than if he/she had been continuously employed rather than on leave. For example, if he/she would have been laid off had he/she not gone on family and medical leave, or if his/her position has been eliminated during the leave, then the employee would not be entitled to reinstatement.

If an employee is returning from family and medical leave taken for his/her own serious health condition, but is unable to perform the essential functions of his/her job because of a physical or mental disability, the Employer will attempt to accommodate the employee. His/her use of family and medical leave will not result in the loss of any employment benefit that he/she earned or was entitled to before using family and medical leave.

Employees are not permitted to work for another entity, in any capacity, or engage in self-employment, while on family or medical leave.

Section 2. Military Leave of Absence - An employee shall be granted a Military Leave of Absence in accordance with the Uniformed Services Employment and Reemployment Rights Act, and any applicable state law.

Section 3. Union Leave: The Union may request the release of employees for the purpose of attending to Union business. Such requests shall be made at least two (2) weeks in advance of the time for the leave, and shall be in writing. No more than two {2) employees may be released within a Site under this provision on any one occasion. Except for purposes of negotiations scheduled with the Employer during work time, such leaves shall not exceed a total of five (5) days per Contract year, unless otherwise agreed to by the Employer. Leave time requested and within the basic parameters of this provision will not be unreasonably denied, and will be granted if coverage is available without the Employer incurring overtime, and the release will not impair the Employer's obligations under its Contract with the Government. Leaves granted under this provision shall be without compensation by the Employer.

Section 4. Bereavement Leave: Employees shall be entitled to three (3) days of paid bereavement leave per full Government Contract year for purposes of attending, on a day normally scheduled to work, the funeral of a parent, parent-in-law, spouse, child, sibling, grandparent, or grandchild.

Proof of funeral attendance may be required by the Employer. The employee must provide the Project Manager with at least forty-eight (48) hours prior written notice whenever possible, of the need for bereavement leave in order to be paid this benefit. Bereavement days shall not be cumulative, nor shall they be payable if not used. Part-time employees are eligible for this benefit only if a regularly scheduled day of work is missed for this purpose.

Section 5. Maternity Leave shall be pay in accordance with the PR. Laws with the respective fringe benefits.

ARTICLE 17 - Health and Welfare

Section 1. Health and Welfare payments shall be provided by the Employer on behalf of the employees at the rate set forth in Appendix A to this Agreement, which is attached hereto and incorporated herein by reference.

Section 2. The Employer shall continue the practice of paying the health and welfare payments to the Employee as cash.

ARTICLE 18- Union Membership, Dues, Fees

Section 1. The Union agrees that it will accept into membership any employee who may be required or eligible to be a member of the Union, without discrimination, and that it will not attach, as a prerequisite of such membership, any condition more burdensome than the conditions applicable to present members of the Union.

Section 2. Each employee shall either:

(a) Remain a member of the Union for the remaining term of this Agreement; or

(b) Pay the agency (service) fee, which is the same as the union dues, as set forth below, for that term.

Section 3. Each employee who was employed on or before the effective date of this Agreement, and who is not a member of the Union as of the effective date of this Agreement shall, within thirty (30) days of the effective date of this Agreement, or upon the satisfactory completion of his or her probationary period, whichever is later, either:

(a) Become a member of the Union; or

(b) Pay the Union a monthly agency fee which is the same as the union dues, for the negotiation and administration of this Agreement and other matters germane to collective bargaining (the monthly amount of which shall not exceed the amount of regularly charged monthly dues and/or fees to Union members in the unit).

Section 4. Non-Payment of Dues or Fees - All employees shall within 30 days after the satisfactory completion of the probationary period become a member of the Union and pay the Union dues. The Union may request the discharge of an Officer in violation of Article 18 Section 2 or 3. It shall serve written notice on the Employer requesting that the Employee be discharged effective no sooner than two (2) weeks from the date of the notice. The notice shall contain the reason for the discharge request and the appropriate documentation detailing the request(s) for payments to remedy the past due amounts. In the event that the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the Officer, and the Employer will not be required to discharge that Officer.

Section 5. The Employer agrees to deduct initiation fees, monthly dues, service fee and lawful assessments of union members from the employee's pay check. These deductions will be made per pay period for all employees, not to exceed two (2) pay periods in a month. These deductions will be made only upon written authorizations from the employee on the form provided by the Union.

The Check-Off authorization card to be executed and furnished to the Employer by the Union and the employees shall be the official authorization for deducting dues and member fees. No other form shall be accepted by the Employer unless mutually agreed to by both parties.

It is understood that such deductions will be made only as long as the Employer may legally do so.

The Employer will be advised in writing by the Union as to what the Union dues, agency fees, and any other applicable fees are. The Employer will remit all such deductions to the Union by mail and or by direct deposit. The money will be forwarded within five (5) business days after the last pay period of the month. The Union will provide the Employer an address or account number where to remit the money deducted.

The Employer shall not be a party to any enforcement of the provisions of this Article, nor shall it be obligated to take any action against any employee not adhering to his or her obligations hereunder. This Article shall not be the subject of any grievance processed under this Agreement's Grievance Procedure. The Union may, however, enforce any obligation of any employee , herein established in court, or by any other legal means. If the Union takes action through a court to enforce the employee's obligations under this Article, the Union shall be entitled to recoup from the employee all of its court costs and reasonable attorneys' fees directly associated with the successful judicial enforcement of the employee's obligation.

Section 6. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law, including but not limited to any Executive Orders permitting or restricting union security rights.

Section 7. The Union agrees to indemnify and to hold the Employer harmless from any and all claims, actions, suits, damages or costs, including any attorney fees incurred by making these deductions from the employees.

ARTICLE 19- Union Representation

Section 1. The GSGA Union and/or their designees may be permitted access to the Employer's office at the site at mutually agreeable times upon prior notification to the Employer,…